GENERAL SALES CONDITIONS 

 

PREAMBLE

MODARTEM designs, produces, and sells throughout the world ladies' luxury ready-to-wear items and fashion accessories under the trademark Anahide Saint André owned by MODARTEM. To better meet its customers' expectations, in addition to its distribution network, the Company has set up an online selling system of a selection of items.

CLAUSE 1 – SCOPE

These terms and conditions of sales are applicable to all sales of Anahide Saint André items; made online via the Anahide Saint André website set up by the Company, identified by the domain names www.anahidesaintandre.com (the "Website"): 

- in respect of purchases made by customers who are individuals acting as consumers ('consumers' being persons acting outside of the course of their trade or business), whose permanent residence is in mainland France (Corsica included) or in Monaco; 
-for delivery either to those customers or any other third party of their choice (also having permanent residence in France and considered a consumer). Any sale of Anahide Saint André Items through the Website is subject to these terms and conditions of sale. By clicking the button marked "I accept the Terms and Conditions of Sales" before confirming his/her order, the customer confirms that he/she has unconditionally accepted these terms and conditions. 
These terms may be changed and updated from time to time, the terms applicable to an order by a customer being those in force on the day of ordering. The customer is advised to read these terms and conditions carefully before ordering any Anahide Saint André Items and to print a copy of these terms and conditions for future reference.

 

CLAUSE 2 – THE COMPANY

The Website “www.anahidesaint andre.com” is published by MODARTEM, a simplified single shareholder company with a capital of 50.000 euros, registered to the register of Nanterre (92) in France under the number 789 371 564 and whose registered office is located at 14 rue du Général Gouraud 92190 Meudon, France, Telephone:+00 33 (1) 6 08 70 44 04 E-mail: contact@anahidesaintandre.com . VAT FR63 789 371 564.

The President and Director of publishing is Mrs Virginie Radice.

The website is hosted by the company OVH, whose registered office is located at 2 rue Kellerman 59100 Roubaix, France .Phone number 0 820 698 765 (From France only).

CLAUSE 3 – INFORMATION RELATING TO ITEMS AND LIMITATION OF LIABILITY

All information (name, definition, depiction, detailed description) concerning all Anahide Saint André items offered for sale under these terms and conditions is available in Anahide Saint André distribution network or on the Website.

 While being as careful and as accurate as possible regarding their online publishing, the items' descriptions and the data available on the Website or in the distribution network selling  Anahide Saint André brand, and their updating, the Company cannot be held responsible for any insubstantial errors that may occur.
In the meantime, despite the fact that photos or reproductions of products accurately reflects these products shown on the Website or in the distribution network of Anahide Saint André brand – and this taking into account the technical limits in respect with market standards), these photos or reproductions are shown just for information and does represent any contractual commitment. In any case, in case of non-conformity of the delivered article over its description , The company obliges itself to adjust this error , under the conditions of article 13 and 14 hereafter.

More generally, the company cannot be held responsible:
- for interruptions or delays registered in the website due to maintenance, technical breakdown, force majeure, resulting from a third party or any circumstances irrespective to its willingness.
- for the impossibility for the client or the company to reach the customer relation department and/or to reach momentarily to the website due to circumstances irrespective to its willingness, like  IT failure, disruption of the telephone network or client’s equipment or internet failure.

 

CLAUSE 4 – CONDITIONS OF ORDERING

4.1
By placing an order via the Website, the customer warrants that he/she is aged 18 or over, is a consumer, is a permanent resident of the mainland France (including Corsica) or Monaco, has legal capacity to contract, and owns a credit card/debit card as defined in Clause 9 below. Orders must be placed in French or English and are subject to availability of stock. To this end, the customer shall be informed on the Website’s information page describing each item: 
-of the availability of the item; 
-or, if the item on sale is temporarily unavailable, of the possibility of ordering it for deferred delivery with the deadlines specified by the Company at the time of ordering. If despite the Company's attention, the ordered item(s) is/are no longer available, the Company shall notify the customer by any means (telephone call or e-mail) as soon as possible and reimburse the invoiced amount, (if applicable) to the customer's bank account or credit card/debit card without delay. 

4.2
The customer undertakes to supply the Company with complete, accurate, up-to-date information to enable the Company to process his/her order in compliance with these terms and conditions. Should the information be incomplete or incorrect and/or in violation of the terms and conditions, the Company reserves the right to cancel the order. When creating an account, the customer is required to provide certain personal data, such as name, internet login and password, permanent address, telephone number, e-mail, delivery address and payment method (the "Personal Data"). 
By confirming an order on the Website, the customer agrees to the Personal Data being transmitted to MODARTEM for the purpose of processing the order. 

The customer further agrees that the Personal Data may also be shared with the Company's contracted partners, for the exclusive purpose of fulfilling the order. When creating his/her account, the customer may select to receive the Anahide Saint André Newsletter. By selecting this option, the customer agrees that his/her personal data may be used by MODARTEM for the sole purpose of sending the Newsletter.

In compliance with the Data Protection Act, of January 6, 1978, the customer has the right to access, change, correct and request the removal of his/her Personal Data from the Company's (and MODARTEM's) database(s). 
To exercise these rights, the customer should e-mail: contact@anahidesaintandre.com or write to: MODARTEM, - Customer Department, 14, rue du Général Gouraud, 92190 Meudon, France. The personal data collected by the Company on behalf of MODARTEM is transmitted to, held and processed by MODARTEM in France in accordance with French laws.

4.3
In application of article L 122-1 of the French Consumer Code, The Company will refuse any orders exceeding 6 items, with a maximum of two identical items. The Company will also refuse orders: (i) from customers with whom there is an ongoing dispute concerning payment of a prior order; or (ii) that do not conform to these terms and conditions of sale. If the Company becomes aware that the order does not satisfy these terms and conditions of sale (e.g. the wrong delivery address, exceeding the authorized number of items) the Company will inform the customer by telephone or e-mail within six days. If the customer fails to correct the order, the Company reserves the right to cancel the order.

CLAUSE 5 – ORDERING

Placing an order via the Website shall comply strictly with the procedure described below, also rendered online by a series of screens indicating the successive phases the customer must follow.

5.1
First step: customer's item selection On the Website. The customer selects enters and confirms the identification and quantity of the items he/she wishes to order (the availability of which the Company must confirm, if applicable); these items are added to the customer's "Shopping Bag".

5.2
Second step: reviewing the content of the "Shopping Bag" Online. The customer may freely review and change the contents of the "Shopping Bag" by removing an item originally selected, changing the quantities ordered or adding an item, by clicking on the corresponding tools available in the "Shopping Bag". The "Shopping Bag" automatically displays the price of the items, as defined in Clause 7 below.

5.3
Third step: confirming the selected items and placing the order.  When the customer has finished making his/her selection, to confirm the content of the "Shopping Bag", identification is necessary: -if the customer already has an account with the Company, via his/her e-mail address (log-in) and password; 
-if the customer does not have an account with the Company, using his/her name, his/her address of permanent residence (billing address), and telephone number. The customer must also confirm: 
-the delivery address, which may be the permanent residence in France (including Corsica) or Monaco of a third party to whom the customer is sending the ordered items or otherwise, the address of the company for which that third party works, if the company is located in France (including Corsica) or Monaco ; 
-the shipment mode (priority or standard): the postage & packing expenses for the order being specified at the time; and finally - the payment method chosen. Once all this information has been entered and confirmed, the price of the items, as defined in Clause 8 below, and the packing and delivery costs are automatically displayed. 

After entering the debit card/credit card number, in compliance with the conditions of Clause 9 below, the customer should click on the "CONFIRM YOUR ORDER" button and his/her credit card/debit card or bank account shall be debited. 
The account debit confirmation issued by the customer's bank is displayed. The customer is advised to save and/or print the debit confirmation. Once the customer's bank accepts the debit, the order is deemed to have been placed by the customer, the customer's "Shopping Bag" is transferred directly to the Company's order picking department, and the customer's registered order number is displayed. The display of the order number does not constitute acceptance of the order. The order placed by the customer constitutes an offer by the Customer to purchase the Anahide Saint André Items from the Company.

5.4
Fourth step: Company's acknowledgement and acceptance of the order. The Company will acknowledge receipt of the customer's order without delay by sending an automated email to the customer's email address. Such automated email is a confirmation that the customer's order has been placed but does not constitute acceptance of the customer's order.

No later than six days following the display of the registered order number, the Company will confirm acceptance of the order via e-mail sent to the customer’s e-mail address. According to article 1369-2 of the French civil code, the customer formally accepts the use of e-mail for the Company's acceptance of his/her order. This confirmation e-mail will set out all information relating to the order, including availability of items ordered, delivery deadlines or payment method chosen, if applicable. It also states the registered order number the Company has assigned to the customer's order. Notwithstanding the above, the confirmation e-mail for orders (i) amounting to 2500 EUR or more and/or (ii) made using international credit cards issued by banks domiciled outside the United Kingdom shall be sent to the customer once full payment has been received by the Company.

CLAUSE 6 – PROOF OF ORDER

The Company and the customer e-mails and any automatic saving systems used on the Website and by the Customer Relations Department shall count as proof of the agreement between the parties, in particular as regards the nature and date of the order. The Company shall retain the information concerning all orders amounting to at least 120 EUR for 10 years. The information held can be made available to the customer on request to: contact@anahidesaintandre.com or to: MODARTEM, 14 rue du Général Gouraud, France. The customer is advised also to keep a copy (electronic or printed) of the information concerning his/her online order (e.g. the Company's e-mail referred to in Clause 5.4 above).

CLAUSE 7 - PRICE OF THE ITEMS

The prices quoted by the Customer Department and displayed on the Website are in EUR and inclusive of VAT, but exclude packing and delivery costs. The billed prices are those in force at the date of ordering.

The packing and delivery costs will be automatically displayed when the customer's chosen shipment method is confirmed (see Clause 5.3 above) and are confirmed to the customer in the order confirmation e-mail. According to article L.121-19 of the French consumers’ code, on delivery the customer will receive, for each item, written confirmation of the price and packing and delivery costs invoiced to him/her.

CLAUSE 8 - TERMS OF PAYMENT

The customer's payment for his/her purchases shall be made by credit card using the following networks only: Visa, Eurocard/Mastercard, transfers or paypal payment. Cards issued by banks domiciled outside France must be international bank credit cards. The customer shall only pay his/her order with his/her own credit card bearing his/her identity (first name and surname). Online payment by credit card is protected by SSL. All the Website pages under “https” are of a secured server operating in SSL mode (128 bits), to ensure the customer’s payment is securely processed. 

The customer enters his/her credit card number and/or bank details via an online payment order form. The transaction is then made through banking security encrypted standards. In transmitting his/her bank details, the customer accepts in advance and unconditionally that the Company will perform the secure transaction. The customer therefore authorizes in advance his/her bank to debit his/her credit card or bank account in view of the records or statements transmitted by the Company, even in the absence of bills signed by the cardholder.

The customer account debit authorization is always given for the amount of the item(s) purchased as billed by the Company. The Company implements up-to-date secured and encrypted access to its server for online payment. It shall not be held responsible for the outcome and consequences whatsoever of unauthorized access and/or intrusion by a third party to the said server (e.g. hacking). The customer's credit card is debited within six days of clicking on the “CONFIRM YOUR ORDER” button on the Website, at the end of the order after the Company has checked: that the customer order complies with these terms and conditions; the item availability – even in the event of temporary unavailability accepted by the customer - and before shipment by the Company. Should it be impossible to debit the amounts owed by the customer for any reason whatsoever (refusal by the bank, etc.), the order shall be deemed cancelled.

CLAUSE 9 - DELIVERY

Items can only be delivered to: -the customer's permanent residence; -a delivery address specified by the customer, being the permanent residence of a third party of his/her choice if located in mainland France (Including Corsica) or Monaco or, -the customer's place of work, if located in mainland France (Including Corsica) or Monaco; In no circumstances can delivery be made to a hotel or post office box. The customer undertakes to supply the exact address of his/her permanent residence when placing the order. According to the provisions of article L.121-20-3 of the Consumer Code, delivery shall take place after payment of the order is received: -either within 30 days of the date of ordering; -or, in the event of the item's temporary unavailability accepted by the customer, by the deadline(s) specified to the customer when the item was added to the "Shopping Bag" on the Website and before the order was placed. 
The Company shall deliver the ordered Dior Items by standard or express post, as the customer prefers. Delivery shall only be made in mainland France (Including Corsica) or Monaco.

CLAUSE 10 – DELIVERY AND RETENTION OF TITLE

Ownership of the items delivered will only pass to the customer when full payment of all sums due in respect of the items, including packing and delivery costs is received by the Company. In the event of incomplete or partial payment, the Company may, without prior notice, claim any item(s) delivered by the Company to the customer.

CLAUSE 11 – INTELLECTUAL PROPERTY RIGHTS

The customer is granted a license for use of the Website, which remains the exclusive property of the Company, which has created and published online the web pages, images and source scripts and data. Consequently, the customer shall not broadcast or copy the Website, in whole or in part, in any form whatsoever. The Company's  items and trademarks, most notably Anahide Saint André, as well as all other marks, illustrations, images, designs and models and logos figuring on the Company's items sold, their accessories or packaging, whether registered or not, are and remain the exclusive property of the Company, as the case may be. Full or partial reproduction, downloading, alteration or use of these brands, illustrations, images and logos, designs and models, for any reason and on any medium whatsoever, without the Company's express prior written authorization is strictly prohibited. 
The same applies to any combination or conjunction with any other brand, symbol, logo and generally speaking, any distinctive symbol intended to make up a composite logo. Similarly, it is strictly prohibited without the Company's express prior written authorization, to: -create hyperlinks to any page or item of the Website; -make any use not in accordance with this Website license, and particularly, use any part of the material on the website (items presented, descriptions, price, data, software, graphics, images, texts, photographs, tools, etc.) for commercial purposes.

CLAUSE 12 – RIGHT OF CANCELLATION

According to the provisions of articles L.121-20 and seq. of the consumer Code, the customer has the right to cancel the contract without need for justification, up to fourteen (14) days (excluding Saturdays, Sundays and public bank holidays) after the date of receipt of the said item by the customer. To exercise his/her right of cancellation before the Anahide Saint André Items have been delivered, the customer must give written notice to the Company by email to contact@anahidesaintandre.com, giving details of the Anahide Saint André Items ordered, the order number and (where appropriate) the delivery date. To exercise his/her right of cancellation after the Anahide Saint André Items have been delivered, the customer must return the delivered item within the stated period, in its original packaging, in the same condition in which it was delivered to him/her, complete (with accessories, manual, warranty document etc.) with a copy of the invoice and the Return/Replacement Form attached to his/her order, to the address indicated on the form. The customer is recommended to send the items by registered mail or other method with a guaranteed date and should keep a proof of return. 

The costs of returning the Anahide Saint André Items will be borne by the customer. If the customer does not return the Anahide Saint André Items as required under these terms and conditions, the Company will charge the customer a sum not exceeding the direct cost of recovering those items. 
Reimbursement of the billed price of returned items (including packing and delivery costs) will be made by crediting the customer's bank account or credit card/debit card as soon as possible and in any case within a period not exceeding thirty days from the notification by the customer of the cancellation of the contract. Items that are returned incomplete, spoilt, damaged, deteriorated or dirty will not be reimbursed. When the Anahide Saint André Items are delivered to a third party chosen by the customer, the right to cancel the Contract under this clause can only be exercised by the customer and cannot in any circumstances be exercised by the third party.

CLAUSE 13 - CONFORMITY

Warranty if any delivered item does not correspond to the order, then in addition to the customer’s statutory rights, the Company agrees to replace the item or, if this is not possible, refund the customer as set out below. The customer must check that the items delivered correspond to the order.
 If any delivered items do not match the order, the customer shall inform the Company within five days from the date of receipt of the articles by e-mail to contact@anahidesaintandre.com, specifying which item does not match the order, and return the relevant item(s) in its/their original packaging, in the condition in which it was delivered to him/her, complete (with accessories, notice, warranty document, etc.) and with a copy of the bill and the Return/Replacement Form to the address given on the form. Items must be returned by registered post or another secure method with a guaranteed delivery date. Return delivery costs will be borne by the Company if the non-conformity of an item is confirmed by the Company/and upon receiving proof from the customer of the delivery costs incurred. If replacement of the non-conforming item is impossible, or if the customer does not wish to receive a credit note from the Company, a full refund of the billed price (cost of item and packing and delivery costs) of the non-conforming items will be made by crediting the customer's bank account or credit card/debit card upon receipt by the Company of the returned items.

According to the provision of Article L. 211-5 of the consumer Code: 
 « The article is deemed to be in conformity under these conditions : 
 1º To be appropriate for the use normally expected for such a similar article and where appropriate : - to correspond to the description given by the seller and have all specifications presented to the buyer as a sample or model; - to present the qualities that a buyer would legitimately expect regarding the public announcement of the seller specifically in advertising or labels; 
 2º Or presenting all characteristics defined jointly by both parties or be suitable for any requirement expected by the buyer and drawn to the seller’s attention and that the seller has formally accepted» Article L. 211-12 of the Consumer Code : « The action resulting from a default of conformity is prescribed after 2 years from the date of delivery. » Article 1641 of the Civil code: « The seller is bound to a warranty on account for the latent effect of the article sold which render it unfit for the use for which it was intended or which so impair that use that the buyer would not have acquired it, or would only give a lesser price for it, had he known of them ». Article 1648 alinéa 1 of the Civil Code: « The action resulting from redhibitory vices must be brought by the buyer within a short delay following the discovery of the redhibitory vices ».

CLAUSE 14 – EVENT BEYOND THE COMPANY'S REASONABLE CONTROL - FORCE MAJEURE

The Company will not be responsible for any failure to perform or, delay in performance of, any of its obligations under a contract that is caused by events outside its reasonable control (Force Majeure Event). In this context, Force Majeure Events include (without limitation) war, riots, insurrection, social unrest, computer or telephone failures, severe disturbance in the security and coherence of the Internet, technical failures, unauthorised access and/or intrusions into the Website's secure and encrypted servers, strikes of all natures and Company procurement problems. 
The Company shall inform the customer of such a Force Majeure Event within seven days of its occurrence. If the Force Majeure Event continues beyond fifteen days, the customer may cancel the order in progress, which will be reimbursed by the Company as rapidly as possible by crediting the customer's credit card/debit card or bank account.

CLAUSE 15 - NON-WAIVER

The failure by the Company to enforce one or more of the provisions of these terms and conditions of sale does not constitute a waiver of such rights or remedies and shall not relieve the customer from compliance with such obligations.

CLAUSE 16 - VALIDITY OF THESE TERMS AND CONDITIONS OF SALE

If any of the provisions in these terms and conditions of sale is declared wholly or partly invalid, unlawful or unenforceable, the other provisions and other rights and obligations resulting from these terms and conditions will remain valid to the fullest extent permitted by law.

CLAUSE 18 - LITIGATION - APPLICABLE LAW

These terms and conditions of sales are governed by the laws applicable in FRANCE. In the event of any difficulty arising when ordering or delivering Anahide Saint André article, the customer will be able before bringing any legal claim, to seek an amicable solution, in particular with the assistance of a consumer association or any other counsel of his choice.