Legal Terms and Conditions
Identification of the seller
The present General Terms and Conditions of Sale are those of Indigo SAS, a simplified joint stock company with a capital of 1000 euros, registered with the Paris Trade and Companies Register under number 948 127 733, whose intra-community VAT number is FR25948127733 and whose registered office is located at 229 Saint Honoré 75001 Paris, FRANCE.
2. Scope and acceptance of the General Terms and Conditions of Sale
The purchase of Products offered on the website www.ludovicdesaintsernin.com (hereinafter the "Site") is subject to these general terms and conditions of sale of the Site (hereinafter the "GTC").
Indigo SAS, under the attention of "Ludovic de Saint Sernin". Products (hereinafter the "Products") are exclusively intended to be sold to end consumers who are natural persons or non-professional legal entities (hereinafter the "Customers"), to the exclusion of all resellers or intermediaries acting on behalf of resellers. Consequently, the Customer affirms that it is acting as an end consumer and that it does not intend to resell the Products for commercial purposes.
Indigo SAS may update these GTC at any time.The customer can check the current version of the GTC at any time by clicking on the link LDSS GTC. The GTC in force at the time of the conclusion of the sales contract are those that are binding on the Customer.
In addition, each time Products are purchased on the Site, the Customer will be asked to confirm acceptance of these GTC in force at the time of placing the order. The said GTC can be viewed at the moment when the Customer is asked to confirm that he accepts them. To confirm this acceptance, the Customer must tick the box "I have read and accept the General Terms and Conditions of Sale of the
3. Terms and conditions of ordering
Any order placed on the Site implies express acceptance of the GTC and acceptance of the prices and Products available for sale on the Site.
The Customer who wishes to place an order must follow the following procedure:
1. Choice of Product: the Customer must select the Product he/she wishes to order.
2. Checking the contents of the Customer's selection: the Customer checks the contents of his basket while retaining the possibility of deleting the Products he has selected.
3. Identification: the Customer must create an account by filling in the identification form provided and indicating the information requested (compulsory information: title, surname, first name or company name, address, e-mail, password, telephone number for delivery).
4. Verification of the Customer's order: the Customer verifies the content of his/her order, the total price, the delivery and billing addresses, while retaining the possibility of deleting a Product or modifying the billing and delivery address. The Customer validates the delivery and payment method. The Customer must confirm his acceptance of these GTC by ticking the corresponding box. The validation of the order is only possible after having ticked this box. After this step, the Customer cannot modify and/or cancel the order.
5. Acknowledgement of receipt of the order: the Customer receives an e-mail summarising the contents of his/her order, namely
- their delivery and billing addresses
- the order number
- the date of the order
- the list of Products ordered and their amounts
- the delivery method
The customer is advised to keep and print this document as official proof of the order. The order is then recorded and processed by Indigo SAS, which checks the availability of the Product(s) ordered. Any order placed is acceptance of the prices and descriptions of products available for sale.
6. Confirmation of the dispatch of the order: the Customer receives an e-mail summarising the content of his/her order and confirming that it has been dispatched. The contract is deemed to have been concluded on the date this e-mail is sent.
* Tracking of the order
A tracking number of the carrier is communicated to the Customer when the order is shipped.
If the customer wishes to obtain information on the tracking of his order, he can connect to the website of the carrier chosen by Indigo SAS, eg DHL, at the address www.dhl.com, and follow the progress of his package.
4. Product availability
The offers of Products and prices of Indigo SAS are valid as long as they are visible on the Site, within the limits of available stocks.
Errors or changes may exceptionally exist, especially in the case of simultaneous orders of the same product by several customers.
In the event of unavailability of a product after placing an order, Indigo SAS, under the attention of "Ludovic de Saint Sernin"will inform the customer by e-mail as soon as possible, offering either to order another product presented on the website as a replacement, or to cancel the order without charge.
Indigo SAS does not incur any liability in case of stock shortage or unavailability of products for orders not yet accepted by Ludovic de Saint Sernin.
Indigo SAS reserves the right to change at any time and without notice the Products offered on the Site.
While every effort is made to ensure that the colour and design of the Products whose photos are displayed on the Site are faithful to the original Products, variations may occur, particularly due to technical limitations in rendering colours on the customer's computer equipment. Consequently, Indigo SAS cannot be held responsible for any errors or inaccuracies in the photographs or graphic representations of the Products shown on the website.
Indigo SAS reserves the right not to accept an order from a customer with whom it is in dispute over a previous order, or if Indigo reasonably believes that the customer has breached these Terms and Conditions or engaged in fraudulent activity, or for any other legitimate reason.
The prices of the Products are indicated in Euros, including all taxes and excluding any customs duties for orders outside the EU, which remain the responsibility of the Customer. Except in the case of reimbursement (i) for the exercise of the right of withdrawal or (ii) for lack of conformity and hidden defects,Indigo SAS, under the attention of "Ludovic de Saint Sernin"will not reimburse the VAT applied to purchases made on the Site (even if the buyer, after receipt, resends the Products to a country outside the European Union).
Indigo SAS, under the attention of "Ludovic de Saint Sernin"reserves the right to modify the prices of the Products offered on the Site at any time and without notice.
The Products are invoiced on the basis of the prices displayed on the Site at the time the order is placed, subject to availability of the Products ordered at that time.
All orders are payable in Euros, other currencies and must be paid immediately upon placing the order.
By credit card (Visa, CB, Master-card, American Express): Payment is made on the secure website of Indigo SAS banking partner.
By payment application: via Paypal.
This implies that no banking information concerning the customer is transmitted via the site www.ludovicdesaintsernin.com
The payment is therefore secured by the partners in charge of managing financial transactions.
The order will be registered and validated as soon as the payment is accepted by the banking service.
6. Reservation of ownership
The products ordered remain the property of Indigo SAS until full payment is received by Indigo SAS. However, the customer assumes the risks (including loss, theft or damage) concerning the products delivered from the moment they are delivered to the address indicated in the order.
7. Terms of delivery
The amount of the preparation and shipping costs depends on the country and the total amount of the order. They will be detailed on the invoice.
Indigo SAS cannot be held responsible for any action and/or fees and/or taxes (which are the responsibility of the Customer) and/or delays due to customs services over which it has no control.
For all Products, the order is prepared for departure from the warehouses of Indigo SAS within a maximum of 3 working weeks (subject to availability of stocks and except for the particular case of Products sold "to order" for which the specific estimated delivery time is indicated on the form) from the of the order confirmation by e-mail. The average time between placing an order and its delivery is 5 to 10 working days. This is an average time noted.
As an exception to the above-mentioned times, "pre-order" operations may be subject to longer delivery times. In this case, the estimated delivery time for "pre-order" operations may be 6 to 9 months from the time of the order, as duly indicated in the purchasing process.
Exceeding the estimated delivery time indicated shall not give rise to any cancellation of the order, to any reduction in the price paid by the purchaser or to any payment of damages, it being specified that in certain particular cases (e.g.: products marketed as "pre-orders") the times indicated above may be longer. However, in the absence of delivery after 30 days from the estimated maximum time, the Customer will have the possibility of cancelling the order without charge. The sums paid by the Customer will then be refunded. In cases where it has the capacity, Indigo SAS reserves the right to offer the customer a product of equivalent quality and price to the initial product.
If the order reaches a certain volume, Indigo SAS may send them to the customer in several deliveries and/or several packages.
In general, all packages are sent via the company UPS. A delivery note to be signed is attached to the package. It is advisable to keep a copy of this document as it will serve as proof of delivery.
The Customer must check the conformity of the Products delivered at the time of delivery and before signing the carrier's delivery note. The Customer must indicate on this delivery note and in the form of handwritten reservations accompanied by his/her signature any anomaly concerning the delivery (damaged Product, etc.). This verification is considered to have been carried out as soon as the Customer, or a person of his/her choice, has signed the delivery note. No claim on the condition of the delivered package(s) will then be admissible. In case of reservations about the delivery, the customer must also confirm them to the carrier within 3 working days of receipt of the items and send a copy of this letter to Indigo SAS by email to email@example.com with confirmation by registered letter with acknowledgement of receipt to the customer service at the following address Société Indigo SAS - 229 Saint Honoré 75001 Paris, FRANCE.
In case of incomplete address, wrong address, refusal of the package by the recipient or lack of information leading to an impossibility to deliver the product to the recipient in time, Indigo SAS can not be held responsible for the final quality of this delivery. If this lack of information leads to a second presentation to the recipient, Indigo SAS will be entitled to ask the customer for the costs of this second delivery. The customer is subject to the general conditions of delivery of the carrier which, in some cases, if not complied with, may affect the quality of the delivery.
Thus, in the event of the recipient's absence, according to the carrier's general delivery conditions, the product may be presented again and/or deposited in an agreed relay point and/or in front of the Customer's home and/or in a carrier's "sorting-waiting" centre and/or returned to Indigo SAS, which cannot be held responsible for any theft, loss, damage to the Products in relation to their delivery, and, in general, for the final quality of the delivery.
In the event that delivery is not possible and the product is returned to Indigo SAS by the carrier, Indigo SAS will not make a new delivery.
Any complaint regarding the delivery of the Products must be made within 14 working days of receipt of the item(s) under the same conditions as mentioned above. If it is decided that the product(s) must be returned to Indigo SAS, they must be returned in their original condition (packaging, accessories ...) and according to the following shipping conditions. The Customer must first contact the customer service via the email: firstname.lastname@example.org in order to formulate the desire to proceed with a return or exchange. The Product must be returned to Société Indigo SAS, 87 Boulevard Voltaire, 75011 Paris, FRANCE, under the attention of "Ludovic de Saint Sernin".
8. Right of withdrawal
In accordance with Articles L. 121-16 and following of the Consumer Code, the Customer has a period of 14 days from the date of delivery of the product purchased on the Site to notify customer service of the desire to return the Product.
For any return, the Customer must contact the customer service via the email: email@example.com to inform them of their decision to use their right of withdrawal. Any parcel returned after the announced deadline will be refused and sent back to the sender. No packages returned as cash on delivery will be accepted, whatever the reason. The costs and risks associated with the return of the Products are the responsibility of the sender. For customer service to accept the exchange and/or refund, the Product must be returned complete in its original packaging, undamaged, with its label attached, not worn, accompanied by all its accessories and a copy of the purchase invoice to Société Indigo SAS, 87 Boulevard Voltaire, 75011 Paris, FRANCE, under the attention of "Ludovic de Saint Sernin".
The customer will not have to justify any reasons or pay any penalties, except for the cost of return.
Indigo SAS cannot be held responsible for loss, theft or damage to the package.
Packages for which the identification of the customer (name, first name, address and return code) will not be possible, will be refused.
All returns must be made by a traceable method (UPS, FEDEX, DHL, La Poste, RAR, etc...) and the tracking number must be communicated to Ludovic de Saint Sernin.
Upon receipt of the product returned by the customer, the customer service will send an email confirming receipt of the product.
Indigo SAS, in case of regular exercise of this right by the Customer, will reimburse the sums paid by him corresponding to the acquisition of the returned Product(s) (thus excluding any customs fees and return shipping costs), within a maximum period of fourteen days, by bank transfer to the account used with the payment card addressed to the name of the Customer or via PayPal if the payment was made via PayPal.
9. Legal guarantees
The products sold by Indigo SAS are subject to the conditions of legal guarantees provided by Articles L.217-4 to L.217-14 of the Consumer Code and by Articles 1641 to 1648 of the Civil Code, to the exclusion of all other guarantees:
Indigo SAS will refuse any claim concerning Products that have been used inappropriately.
Any claim concerning the Products as such and not related to the delivery must be made by email to firstname.lastname@example.org.
*Legal guarantee of conformity:
Indigo SAS will deliver to the Customer a Product that conforms to the contract and is free from defects in conformity when the Product is delivered, in the sense that the Product will be fit for the purpose usually expected of a similar good and will have the characteristics presented at the time of sale. Indigo SAS is also responsible for defects in conformity resulting from the packaging, assembly instructions or installation when it is responsible for the contract or has been carried out under its responsibility.
* Legal guarantee against hidden defects:
Indigo SAS will deliver to the Customer a Product free of hidden defects that would make it unsuitable for the purpose for which it was intended, or that diminish this use so much, that he would not have acquired it, or would have given only a lower price, if he had known them.
These guarantees will only come into play if the Customer makes the request within 24 months of delivery of the Product (for the legal guarantee of conformity) or of the discovery of the defect (for the legal guarantee of hidden defects).
Defects of conformity that appear within 24 months of delivery are presumed to exist at the time of delivery, unless proven otherwise.
In case of non-conformity recognized on a product sold by Indigo SAS, the customer can choose between repair or replacement of the product unless one of these choices involves a cost for Indigo SAS clearly disproportionate. If the repair or replacement of the Product is impossible, the Customer may be refunded the price paid and return the Product or keep the Product and be refunded part of the price, unless the lack of conformity is minor.
In the event of a hidden defect recognised on a product sold by Indigo SAS, the customer will have the choice of returning the product and receiving a refund of the price and costs incurred by the sale or keeping the product and receiving a refund of part of the price.
In all cases, it is up to the Customer to prove that he/she meets the conditions of the guarantee.
The return, replacement or reimbursement of the Product shall be free of charge for the Customer and shall not preclude the possible award of damages in the event that the Customer is entitled to them.
In case of lack of conformity and / or hidden defects recognised by Ludovic de Saint Sernin, if it is decided to return the Product, the Customer must send it to the following address: Indigo SAS, 87 Boulevard Voltaire, 75011 Paris, FRANCE, under the attention of "Ludovic de Saint Sernin". The Customer must have previously obtained from the customer service department contacted via the email: email@example.com any details relating to shipping.
10. Limitation of liability
In any case, the responsibility of Indigo SAS can not be held liable for any damage that does not result from a failure of Indigo SAS to one of its obligations.
11. Personal data
When the customer registers on the website www.ludovicdesaintsernin.com, Indigo SAS collects personal information (personal data, e-mail address, gender ...) through the registration form to offer services available in the restricted areas of Indigo SAS. The personal information provided is essential for the processing and delivery of orders.
The ordering process on the website www.ludovicdesaintsernin.com requires the creation of a customer account in which the information is stored and protected by a password chosen by the customer. This information is strictly confidential and is intended for Indigo SAS only. It will be treated in strict compliance with the provisions of the Law "Informatique et Libertés" n°78-17 of January 6, 1978 and the regulation (EU) 2016/679, general regulation on data protection.
In this respect, Indigo SAS undertakes to (i) guarantee the confidentiality of personal data processed in the context of this agreement by implementing appropriate security measures in its field of activity, (ii) ensure that persons authorised to process personal data under this agreement undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training in the protection of personal data, and (iii) ensure that any subcontractors comply with legal obligations on behalf of and according to the instructions of Indigo SAS.
At any time, the customer has the right to access, modify, rectify and delete data concerning him. To exercise this right, he can make a request to Indigo SAS by email at firstname.lastname@example.org.
Subject to validation by an "opt-in" of the customer, personal information (personal data, e-mail address, gender ...) may also be used by Indigo SAS and / or its partners for commercial purposes such as sending newsletters or solicitations.
12. Intellectual property
All documents, information, texts, graphics, images, photographs or any other content published on the website www.ludovicdesaintsernin.com are the exclusive property of Indigo SAS. Consequently, they may not be reproduced, exploited or used for any purpose whatsoever without the express authorisation of the publication director.
Ludovic de Saint Sernin is the owner of all intellectual property rights (with the exception of the moral rights of the authors) relating to the Products and the brands and distinctive signs under which the Products are marketed.
The customer recognises without reservation as such the intellectual property of Indigo SAS and undertakes not to infringe it in any way whatsoever. More specifically, the customer agrees not to manufacture, sell, license or market in any way whatsoever, directly or through a third party, for its own benefit or for the benefit of a third party, the Products, imitations or reproductions of the Products or the intellectual property rights relating to the Products and trademarks belonging to Indigo SAS.
13. Force majeure
"Force majeure" refers to all external, irresistible and unforeseeable circumstances, beyond the reasonable control of the party suffering from a case of force majeure.
In the event that Indigo SAS is prevented or delayed by force majeure in the execution of its commitments, Indigo SAS undertakes to inform the customer within 96 hours specifying the precise elements constituting the force majeure, the reasonably foreseeable duration of the delay or impediment. Indigo SAS will then be released from liability for the non-performance or delay in the performance of its obligations, but undertakes to use its best efforts to resume full performance without delay, In such a case of force majeure, Indigo SAS may at its discretion terminate the order or any part thereof, without incurring any liability, however, the Customer must be reimbursed for the amounts already paid. In no way, the customer can invoke a case of force majeure to free himself even temporarily from an obligation to pay a sum of money.
14. Applicable law - Disputes
These General Terms and Conditions of Sale are governed and interpreted in accordance with French law. The language of this contract is French.
In the event of a dispute, the French courts shall have exclusive jurisdiction. However, in application of EC Regulation 593/2008 of 17 June 2008, these GTC do not prevent the application of a provision more favourable to the Customer, from which there can be no derogation by agreement, by virtue of the law of the country in which the Customer has his habitual residence.
In the event of a dispute relating to the application and/or interpretation of these general terms and conditions of sale, the Customer may have recourse to a conventional mediation procedure or to any other alternative dispute resolution procedure. In accordance with order no. 2015-1033 of 20 August 2015 and implementing decree no. 2015-1382 of 30 October 2015, any dispute or so-called consumer dispute, subject to Article L.612-2 of the Consumer Code, may be settled amicably by mediation with the CMAP - Centre de Médiation et d'Arbitrage de Paris. To submit a dispute to the mediator, the Customer may (i) fill in the form on the CMAP website: www.cmap.fr under the "you are: a consumer" tab (ii) send his request by simple or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to email@example.com. Whatever the means used to refer the matter to CMAP, the Customer's request must contain the following elements in order to be processed quickly: his postal, email and telephone contact details as well as the full name and address of Ludovic de Saint Sernin, a brief statement of the facts, and proof of prior contact with Ludovic de Saint Sernin.
Notwithstanding the above, in the event of a dispute, and in accordance with Regulation 1215/2012 of 12 December 2012 :
- the Customer may refer to either the court of his residence or the French courts,
-Indigo SAS may bring the matter before the court of the Customer's place of residence.
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