General Terms & Conditions – Les Actives Paris
The client may contact us using the contact form on our website or to the following email address : firstname.lastname@example.org
1. Vendor identification
The present General Terms & Conditions (T&Cs) are those of the company Shanti et Flore Delaporte SAS, with a social capital of 1.000 €, where corporate is located at 3 rue Bixio, 75007 Paris – France, matriculated to the register of commerce and companies under the following number: 879 646 214 R.C.S. Paris. Its Siret number is : 879 646 214 000 12 and its TVA number is : FR13879646214
Article : product proposed for sale on our website.
Client : physical person, non-vendor, proceeding to the order, and possessing full juridical capacity.
Order: commitment to buying the Articles selected by the Client via the electronic sale service of the website.
SFD : Shanti et Flore Delaporte SAS
Site : Website edited by Shanti and Flore Delaporte SAS, and accessible to the address : lesactives-paris.com
3. Application of the General Terms & Conditions
The present General Terms & Conditions (T&Cs) juridically regulate the navigation and usage of the services present on the website : www.lesactives-paris.com (hereinafter known as « the website »).
The present General Terms & Conditions detailed below apply exclusively, without reserve nor restriction, to all Orders of Articles and services operated via the website to SFD by all Clients. The validation and acceptance of the General Terms & Conditions is done by the placement of the Client’s order. By proceeding to the payment, the user agrees and consents without reserve to the present General Terms & Conditions and associated costs & payments.
These conditions are the only ones applicable and they prevail over any other conditions.
The Client must take notice of the General Terms & Conditions (present on the website) before any Order.
Due to potential evolutions of the website and of the reglementation, SFD reserves the rights to adapt or modify at any given moment the present General Terms & Conditions of sale. The conditions applicable to the Order of an Article by a client are those in place at the time of the Order placement.
The Articles proposed are exclusively destined to be sold to final consumers (moral or physical person), and excludes all re-sellors or intermediaries acting on the behalf of re-sellors.
Consequently, the Client affirms he acts as a final consumer and has no intention of reselling the Articles for commercial use.
4. The Articles
The Articles proposed on the website are those described at the moment of consultation by the Client. SFD commits to being careful about the description of its Articles and adding as many details as possible to them. SFD is also careful in making sure that the pictures reveal in the most accurate of ways the reality, but it may occur that the colors are a bit different in real life, as opposed to when pictured on the website. This unsubstantial difference may therefore be present on the website, and the Client recognises, acknowledges and agrees to that.
Furthermore, SFD does not provide any guarantee (explicit or implicit) regarding the exactitude, the fiability, and exhaustivity of such information.
Our Articles and price offers are valid as long as they are on the website, in the limit of available stocks. Errors or modifications may exceptionally exist, for instance in the case of an update error, no matter its origin.
Articles are sold within the limit of available stocks. SFD can not be held responsible for the cancellation of an Order due to out of stock Articles.
In the event of an out of stock after validation and placement of the order, the Client shall receive an email and will have the choice to either order another article present on the website, or a cancellation of the Order.
SFD shall not be held responsible towards the Client or a third-party following the decision, without notice, to remove an Article from the website, or to replace or modify any content or information present on the website, or the refusal to process an Order after the Order’s confirmation email has been sent out.
SFD reserves the right to limit the quantity of Articles to be potentially bought by a client during one single buying operation.
The Client who places the Order declares being of legal age (a major), and to being the physical person to have opened the account associated with the Order.
The Client must follow the different steps put in place on SFD’s website, in order to validate their Order.
The Client should review carefully the Order’s details before validation. These details are available under the “My Account” tab. The Client must always keep their personal information up to date. In case there is a mistake in the recipient’s contact information, SFD shall not be held responsible about the impossibility of delivering the Articles.
The Cart summarizes the Articles chosen by the Client along with the associated prices and costs.
The Client will be able to modify the Cart before validation of their Order. The validation of the Order by the Client acts as confirmation of the acceptance by the Client of the general T&Cs, the bought Articles, their prices and associated costs.
The Client will then receive a summary of their Order via email. The Client accepts the usage of their email for the confirmation by SFD of the Order’s content.
The Client can then receive the receipt of their Order by addressing an email and precising the Order’s number at : email@example.com
For any qestion relative to the follow-up of an Order, the Client must consult their Account on the website or contact the customer service to the following address : firstname.lastname@example.org
SFD reserves the right to refuse or cancel any Order at any given moment for legitimate reasons. SFD may refuse or cancel your Order if a litigation presents itself regarding the payment of the Order or a previous Order or if SFD suspects a violation of the general T&Cs or any fraud attempt suspicion. SFD can delete the Client’s Account at any given moment, for any reason, to its own discretion.
In case a conflict occurs between SFD and one of its Clients, the data recorded by the website of the purchase will act as valid proof of the transaction’s content.
The prices of the Articles are indicated on the website in euros for Europe, all added taxes included, but excluding all customs costs and other taxes (which must be paid by the Client, directly to the transporter) or other additional costs linked to potential conversion costs between different currencies (depending on the Client’s chosen payment method).
Regarding the sales done outside of the European Union, the customs clearance, the payment of rights or diverse taxes are exclusively to the Client’s charge.
All costs and prices are calculated and include VAT, applicable in France, or applicable in the country of delivery within the European union. All payments must be made in Europe and must be paid directly when Order is placed.
SFD reserves the right to modify its prices without notice but the Articles will be invoiced on the basis of prices put in place at the time of registration and Order’s payment, provided they are available.
7. Payment Terms & Conditions
The payment methods accepted are the following : credit cards and bank cards via the securised platform of our providers Payplug & PayPal.
According to the dispositions of the L. 132-2 Article of the Monetary and Financial code and the engagement to pay given by card at payment is irrevocable.
The expedition of the Order only occurs once verification of the payment method and reception of the authorisation of debit of the card are done.
Any Order placed on the website implies the guarantee on the Client’s behalf that they possess all authorisations required to use the payment methods put in place by the website.
In case of refusal of the payment by bank card on the behalf of the organisms officially licensed and usual of the Internet or in case of non-payment or non-settlement of any part from a previous Order, SFD reserves the right to suspend any Order and delivery.
SFD does not keep the bank information of their Clients.
Delivery is the transfert to the Client of the physical possession of the Article(s).
The delivery costs applicable at Order are determined according to the place and payment method chosen by the Client at the time of Order validation. Those delivery costs will be mentioned before payment is made.
The deliveries are operated by Colissimo and are added to the prices of the Articles. If the Order exceeds 200 € TTC, the delivery costs are offered to the Client in Metropolitan France only.
When SFD makes the delivery, the risk of loss or damage done to the Article is transferred to the Client at the moment of delivery.
The Client will be informed of any potential tardiness of delivery, provided SFD is aware of it, and the delivery will be done to the address given at the time of payment.
The delivery can not be done in hotels nor in postal boxes.
The expedition of several Articles ordered at the same time can be fractionned according to the availability of the said Articles.
From the time of expedition of the Order, the delivery delays typically go as follows:
2 to 5 business days via Colissimo in France ;
5 to 10 business days via Colissimo international.
The Client is held responsible for giving their full and correct information necessary for good delivery of their Order and the perfect delivery (street name, number, name and number of building, of stairs, access codes, names and/or interphone number, etc…).
In case delivery is made impossible, due to an incomplete address or failure by the Client to retrieve the Order from the collect point given, no re-expedition can be done and the Client shall be reimbursed within 14 days, from the Order placement received by SFD via the payment method used for placing the given Order.
9. Delivery issues due to the carrier
Orders are delivered via the carrier Colissimo.
It may however occur that there is lateness with an Order delivery.
SFD and the carriers are distinctive entities, therefore SFD can not be held accountable for any lateness or delivery mistake, or loss of parcel done by Colissimo or Chronopost.
In case of lateness of delivery, with regards to the date of origin communicated to us via the email of delivery, we ask you to please let us know about this tardiness by writing an email to the address : email@example.com as soon as possible.
In case of damage done to the Article, the Client must write an email to let us know at the following email address : firstname.lastname@example.org and state :
- Their name
- Their Order’s number and the parcel’s tracking number
- The Article(s) in question
- Pictures of the damaged package and the visible shipping label
- Pictures of the inside of the damaged package
- Pictures of the damaged Article(s)
All claims done passed the 14-days mark following the date of purchase will not be taken into consideration.
10. Returns and refunds
If the Client is not entirely satisfied with the Article(s), they may dispose of a right to send back the item(s) (within the 14-days period, from the date of Order reception), without having to explain the reason why, nor without having to pay penalties.
Past the 14-days mark period, the sale is final and the Article(s) are non-returnable and non-refundable.
Articles must be returned in their original state, with all tags still attached to the Articles, and wrappings of origin. All Article(s) damaged, dirtied, incomplete or washed will not be accepted. Articles must NOT have been worn either. All returns will be submitted to a rigorous control by SFD to ensure all Articles are returned according to our quality requirements.
In case a refund is asked, if the location of delivery is in Metropolitan France, the refund is free. If it is outside of Metropolitan France, the return of an Article in case of demand for refund is to the Client’s charge and will be at their own risk.
The Client communicates their decision to retract by sending an email to the following address : email@example.com, in which they must precise their name, surname, Order number, and references of the Articles they wish to return.
The Client expedites at the latest 14-days following the communication of its decision to return the Article(s).
From Metropolitan France, the Client will receive a return coupon via email and a prepaid return tag (by SFD) via email within a week maximum.
The Client will insert the return coupon in the parcel for return, along with the Articles, in the parcel of origin. The Client must print and stick the prepaid return label on the parcel and send it.
The incomplete, damaged, worn or dirtied returned Articles will not be accepted and not be refunded.
Articles must be returned in their original state, with all tags still attached to the Articles, and wrappings of origin. All Article(s) damaged, dirtied, incomplete or washed will not be accepted.
Refunds will take place provided SFD receives all Articles in their original state.
From outside of Metropolitan France, the Client will receive a return coupon via email but return is at their own charge, via the carrier of their choice, but at their own risk.
The Client will insert the return coupon in the parcel for return, along with the Articles, in the parcel of origin.
Return may be offered to the Client in the event that the delivered Article is not conform to the Order. In this eventuality, the Client sends an email the following address : firstname.lastname@example.org to receive a prepaid shipping label.
In any event, Article(s) must be returned in their original state, with all tags still attached to the Articles, and wrappings of origin. All Article(s) damaged, dirtied, incomplete or washed will not be accepted.
Once the verification of Articles returned is done, SFD will reimburse the Client as soon as possible within 14 days following the date of reception of the parcel.
Refunds will be done via the same payment method used upon payment at the time of Order placement.
Should the Client fail to respect those general T&Cs, SFD will not proceed to the refund of the Articles in question.
Refunds will be done in Euro. All added costs linked to eventual conversion cost of another currency are the Client’s charge and responsibility.
This return procedure excludes all potential exchanges.
11. Gifts ordered on the website
Refunds will be done via the same payment method used upon payment at the time of Order placement. Therefore, only the same person who placed the Order and paid may ask for the refund via the return policy on the website.
In the event that only the bank account of the person who placed the Order will be refunded, only this person may ask for a refund via the payment method on the website. The Client who bought the gift will have to follow the return procedure stated at Article 10.
12. Legal guarantees
Articles non-conform to the Order or presenting an apparent vice.
If an Article is presenting an apparent vice, the Client must proceed to a claim via email to : email@example.com.
All claims must imperatively explicite the vice in question. Failure to do so will result in the incapacity to refund the Article(s).
Articles must be returned in their original state, with all tags still attached to the Articles, and wrappings of origin, with the initial Order’s references and a copy of the claim email.
After an email has been sent to signal the apparent vice of the Article, the Article must be sent back to SFD’s corporate : 3 Rue Bixio 75007, Paris.
In case of apparent vice, the Client may claim either store credit or a refund, or a replacement of the Article within the 14-days period. Failure to do so will result in the incapacity to refund the Article(s).
SFD guarantees the consumer about manufacturing defects (articles L. 217-4 and according to the Consumption Code) for the Articles sold on the website.
Client has a 2-year period to act in case of failure to the Article.
Client is dispensed from bringing proof of existence of the defect of conformity of the Article during 6 months following the Article’s delivrance.
Therefore, the Client may choose between the reparation or replacement of the Article, under reserve of the cost conditions brought forward by the L. 217-9 Article of the Consumption.
If reparation and replacement of the good are impossible, and especially if the Article is no longer available online at the time the Client claims the non-conformity of the Article, the buyer may give back the good and be refunded or keep the good and get back part of the price.
SFD guarantees its customers from hidden vices (articles 1641 and following of the Civil Code) for the Articles on sale on the website.
The legal guarantee comes into play at the condition that the hidden vice, prior to the selling and inherent to the sold Article, renders this Article improper to its usage or diminishes it so that the Client wouldn't have bought it, or wouldn't have paid such a price had they known about it.
The hidden vice must be a defect that even a used product must not present.
Therefore, the guarantee of hidden vices must not be held responsible when a defect is only the result of normal wear and tear of the product, or of its usage, or when the said defects comes from the wrong usage of the product.
The defect will be deemed nonexistent if, at the time of conclusion of the contract, the Client was aware of the defect or could not possibly ignore it.
In case of hidden vice, the Client will have to notify all conformity defects by writing, within a 2-month period maximum, from the day they noticed the defect.
Non-compliance with this obligation will result in the loss of rights of the Client for
The legal guarantee of hidden vices allows the Client to keep the Article and ask a reduction of the price, or to return the Article and ask for a refund of the paid price, according to the 1644 Article of the Civil Code.
Modified articles, repaired, integrated or added by the Client will be excluded from guarantee. The guarantee will not come into play for apparent vices and will not take in charge damaged articles once the transport after delivery has taken place, or due to a wrong usage.
The Client remains responsible for the modalities and consequences of their access to the website, via the l’Internet. This access may imply the payment of costs to technical providers, such as providers of access to the Internet, which remain to the Client’s charge.
The Client will have to remain entirely responsible for the necessary equipment used to connect to the website. The Client recognises having verified the electronic configuration he uses is secured and working correctly.
In no case shall SFD be held responsible should damage occur to the equipment.
14. Force Majeures
In case an event of Force Majeure prevents the execution of the present T&Cs, SFD informs the Client within 15 days from the event occurrence, via email or mail, with return receipt.
Two manners are considered a Force Majeure case, or a fortuitous case, those habitually held by the jurisprudence of french courts and tribunals, strikes, total or partial, lockouts, riots, boycotts or other actions of industrial nature, commercial litiges, civil troubles, insurrection, war, pandemics, weather conditions, blocage of means of transportations or supplies, for any given reason (earthquakes, fires, storms, floods, water damages, governmental or legal restrictions, legal modifications, or reglementation of commercialisation forms, computer outage, telecommunication blockages (cables, wired, or wireless), and any other case independent from the partie’s wills, preventing the normal execution of the contractual relation.
All obligations of the parties are suspended during the entirety of the Force Majeure event, without indemnity.
If the Force Majeure event is prolonged for more than 3 months, the transaction in question can be canceled, at the demand of SFD or the Client, without indemnity from any party. The payment defect by the Client will not be justified by the Force Majeure event.
15. Customer Service
For all information or question, for tracking an Order, or to use the guarantee, the Client must contact the Customer Service by filling up the form on the « Contact » page of the website, or via email at : firstname.lastname@example.org
16. Applicable rights
These general T&Cs are managed, interpreted and applied to conform to the french law and french right.
Any Order from a Client denies all action, of whichever nature, that does not conform with french law/french right.
All litige relative to the execution of, or the rupture of a sale, the interpretation, execution or the resiliation of present T&Cs of sale are submitted, should no settlement be found, to legally competent tribunals.
In case of divergence between the french and english version of the T&Cs, the french version always prevails.
If the Client encounters difficulties at either Order or delivery of the Articles and deems the rights they are given as a consumer have not been respected, they may address their written complaint to the following email : email@example.com so to ask for a settlement of the ligitge directly with SFD.
17. Cookies & Personal Data
All information on your account are to be used exclusively for commercial use via the website : www.lesactives-paris.com. More precisely, the Client’s personal data are collected :
- For treating their Orders and relatiosn with the Clients. Their data may not be kept for a period extending over the necessary duration of the gestion of the commercial relation with the Client ;
- for prospection commercial ends. Data may be conserved during 3 years, counting from the end of the commercial relation with the Client.
These information are never shared with third-parties or resellers.
Furthermore, your banking information is never within our possession. The transactions are entirely treated via Payplug or via the securised payment module of Payplug.
18. Intellectual Property Rights
To the exception of derogations expressly stated in the T&Cs of usage, it is forbidden to reproduce integrally or partially, by any means, or to distribute, or to publish, to transmit or modify or sell part of the content of the website, or to create pieces derived from this one without asking formally and by writing SFD for permission.
All Articles, and all the elements (texts, comments, photos, brands, graphics, concepts, illustrations & images, sounds, logos, models,... ) part of the website belong exclusively to SFD and are protected by intellectual property rights in France and in the world. The reproduction or representation, integral or partial, by any means or support, without prior written authorization by SFD, is forbidden (to the exception of copies for private use, and of those made for press needs), and constitutes a counterfeit sanctioned by the intellectual property Code, susceptible to engage the civil and/or penal responsibility of its author.
To this title, the reproduction or usage of any or all part of this elements is only authorised to exclusive information means for a personal and private usage, all reproduction and usage of copies made to other means being formally forbidden.
19. Partial Invalidity
If one or more stipulations of the T&Cs are held for non-valid or declared as such by a law, or following a definitive decision by a competent jurisdiction, other stipulations will keep all their strength, scope and reach.