1. GENERAL PROVISIONS

14. WARRANTIES

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14.1. Transport warranty

Assuming the risks related to the transport, Sarah Aloïsi Paris undertakes to deliver the products ordered by the Customer in a closed, resistant packaging, appropriate to the contents and the requirements of the transport. Any product damaged or lost during transport will be replaced. The guarantee related to the transport is valid only if the Customer or his Recipient has signed the delivery note or transport receipt presented by the carrier on which he has taken care to issue precise, dated and signed handwritten reserves. By signing the delivery note or the transport receipt, without making a reservation, the Customer acknowledges that his package has not been damaged during transport. In case of dispute the original packaging must be kept until resolution of the dispute. Sarah Aloïsi Paris advises the Customer or its Recipient to inform the Customer Service by email at info@sarahaloïsiparis.com within a maximum of 72 hours from delivery, after this period no claim will be taken into account.

 

14.2. Guarantees and responsibility

Sarah Aloïsi Paris ’s liability related to the Products is limited to the sale price of each product. 

Documents, details, descriptions and information related to the Products published on the Website are not covered under any guarantee, express or implicit, except the guarantees provided by law.

Sarah Aloïsi Paris  makes no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horses, cancelbots, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, the Website or the server that makes it available. In this respect the client agree that it is its responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Subject to the first paragraph of this section, any content downloaded or otherwise obtained through the use of the Website is done at client's own risk and the client will be solely responsible for any damage to its computer system or loss of data that results from the download of any such content.

 

Sarah Aloïsi Paris is only required to deliver products which are compliant with the contractual provision. Products are considered as compliant if the following conditions fulfilled : (i) they shall be compliant with the description and have the features mentioned on the Website; (ii) they shall be compliance with the uses which may reasonably be expected of it; (iii) they shall compliant with the quality and strength which may reasonably be expected of similar products.

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14.3. Legal guarantee of conformity

In accordance with Article 211-1 and following of the Consumer Code, Sarah Aloïsi Paris undertakes to deliver a product that complies with the order validated by the Customer and addresses any existing defects of conformity on delivery. Sarah Aloïsi Paris recommends to the Customer who wishes to exercise his right of guarantee to inform the Customer Service as soon as he knows about it by email at info@sarahaloïsiparis.com. This complaint must be motivated and accompanied by proof of the damage suffered (photos,...) In case of lack of conformity, the Customer may request the exclusion of any other compensation or damages: either the replacement of the product or the refund of the product including shipping costs.

The legal guarantee of conformity only applies to the essential characteristics of the products. The photographs of the products presented on the Site are as faithful as possible but cannot ensure a perfect similarity with the offered products, in particular as regards the colors.

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14.4. The legal guarantee of defects or hidden defects

In accordance with article 1641 and following of the civil code, the Customer also benefits from the legal guarantee of hidden defects on the products sold on the Site www.sarahaloïsiparis.com. The implementation of the legal guarantee of conformity does not preclude the warranty action against hidden defects. Four (4) conditions must be met for the Customer to benefit from this guarantee:

·      The defect or defect affecting the purchased product is serious

·      The defect or defect must be hidden;

·      The defect or defect existed prior to the purchase even if it occurred later;

·      It must not be the consequence of misuse of the product. 

 

Finally, to benefit from the guarantee, the Customer must act as soon as possible a maximum of two (2) years from the day the defect or defect was discovered. If the four (4) conditions are met the Customer may request the exclusion of any other compensation or damages: either the replacement of the product or the reimbursement of the product including shipping costs.

 

Pursuant to order 2005-136 of February 17, 2005, of the French Consumer Code / French Civil Code, the whole of the applicable texts are reproduced here:

Art. L. 217-4 of the French Consumer Code: “The seller is obliged to deliver a product conformant to the contract and to respond to defects of conformity which exist at the time of issuance. They must also respond to conformity defects resulting from the packaging, instructions for assembly or installation when these have been made their responsibility by the contract or have been produced under their responsibility.”

Art. L. 217-5. of the Consumer Code: “To comply with the contract, the product must: 1) Be appropriate for the use normally expected for such a product and, where appropriate: a) correspond to the description given by the seller and have the qualities presented to the client in the form of a sample or model; b) have the qualities that a client might legitimately expect in view of public statements made by the seller, the manufacturer or their representative, particular in terms of advertising or labelling. 2) Or present the characteristics defined by mutual agreement by the parties or be appropriate for any special use sought by the client that has been brought to the notice of the seller and which the latter has accepted.”

Art. L. 217-12 of the Consumer Code: “Action resulting from a lack of conformity is barred by limitation for two years from the delivery of the goods.”

Art. 1641 of the Civil Code: “A seller is bound to a warranty on account of the latent defects of the product sold which render it unfit for the use for which it was intended, or which so impair that use that the customer would not have purchased it, or would only have offered a lower price for it, had they known of them.”

Art. 1648, paragraph 1 of the Civil Code: “The action resulting from critical flaws must be brought by the buyer within a period of two years following the discovery of the critical flaw.”
 
14.5. Force Majeure
Upon the occurrence of an event of force majeure, the concerned party shall inform the other within a period of fifteen (15) days of the occurrence of this event, by email. Specifically considered as cases of force majeure or fortuitous event, in addition to those regularly cited by the jurisprudence of the French courts and tribunals, are total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, terrorism, bad weather, epidemics, blocking of the means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or statutory restrictions, legal or regulatory modifications of marketing changes, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other instance independent of the will of the parties preventing the normal execution of the contractual relationship.

All the obligations of the parties will be suspended for the duration of the event of force majeure, without compensation. If the event of force majeure continues for more than three (3) months, the contract may be terminated without compensation for one or other of the parties.

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14.6. Implementation of guarantees

Sarah Aloïsi Paris agrees to refund or exchange defective products damaged or damaged or not corresponding to the customer's order.

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             14.6.1. Acknowledgment of receipt of the complaint

Upon receipt of the complaint formulated by the client, Sarah Aloïsi Paris undertakes to send the Customer an acknowledgment of receipt by e-mail indicating that the claim has been taken into account.

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             14.6.2. Customer Compensation / Product Replacement

In the event of a replacement occurring as a result of a Customer's claim implementing one of its warranties, unless the parties have agreed otherwise, the product (s) will be dispatched without delay and the Customer Service will contact the Customer or Recipient no later than 2 working days after notification of acceptance of acceptance by Sarah Aloïsi Paris.

Reimbursement of the product occurring as a result of a complaint by the Customer implementing one of its guarantees: a refund without delay and at the latest within fourteen (14) working days following the date of "notification of acceptance of assumption of responsibility" will be carried out. The reimbursement includes: the price of the product(s) subject to the complaint, the transport costs related to the product (s) on the basis of the invoiced price, the costs of returns incurred by the Customer on production of a voucher (invoice,...).