Stactif Terms of use
General Conditions of Sale and Use Stactif Luxury
UPDATES AS OF JANUARY 19, 2024
These general conditions of sale (hereinafter the “Terms and conditions”) represent the unique basis of the commercial relationship between the Parties.Their purpose is to define the conditions in which societySTACTIF LUXURY, simplified joint stock company with share capital of €1,046.80, registered in the Créteil Trade and Companies Register under number 919161232, with its head office at 1 rue d'Estienne d'Orves, Paris, 94370, France, (hereinafter “Stactif Luxury”) provides to the customer (hereinafter the “Customer”), the services as described in article 3 below (hereinafter the “Services”).Stactif Luxury and the Client being hereinafter together referred to as “Parts” and individually a “Part”.
1 LEGAL NOTICE
https://www.stactif.luxury (here in after the “Website”) is published by: STACTIF LUXURY, simplified joint stock company with share capital of €1,046.80, registered in the Créteil Trade and Companies Register under number 919161232, with its head office at 1 rue d'Estienne d'Orves, Paris, 94370, France.Website host: Infomaniak, Les Acacias, Geneva, Switzerland, +41 (0) 22 820 35 55,
2 SCOPE
The purpose of the General Conditions is to inform the Customer of the terms of online ordering and the delivery of the Services ordered.The General Conditions apply, without restriction or reservation, to all Services offered to Customers by Stactif Luxury on the Website, regardless of the clauses that may appear in any other document.Any order for Services implies, on the part of the Customer, full adherence and acceptance without reservation or restriction of these General Conditions.
The General Conditions are made available to Customers on the Website where they are directly consultable and can also be communicated to them on simple request by any means.
The Client declares and acknowledges having benefited from all the necessary and useful information to enable him to make a fully informed commitment. The information contained in the Stactif Luxury documentation is given for information purposes only and may be revised at any time. Stactif Luxury is entitled to make any modifications that it deems useful - it being specified that the General Conditions are those in force on the day of the order.The Customer declares to have read these General Conditions and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure. Validation of the order for Services by the Customer constitutes acceptance without restriction or reservation of these General Conditions.
3 DESCRIPTION OF SERVICES
Stactif Luxury offers for sale Provision of distance selling of luxury rental services through luxury rental agencies (cars, motorcycles, jetskis, yachts, luxury villas/chalets and private jet travel) and clients
The essential characteristics of each Service are described on the Website and updated by Stactif Luxury. The technical sheet of a Service may include descriptions, photographs and graphics which are provided for suggestive purposes only and may be modified/updated on the Website by Stactif Luxury.Use of the Website requires a device with internet access. This device and this connection are not provided by Stactif Luxury, and all costs incurred by the Client in order to access the Website are the sole responsibility of the Client.The Website is accessible anywhere and at any time, with the exception of maintenance operations on the Website carried out by Stactif Luxury, and this access is only subject to an Internet connection.
The Client is responsible for setting up the IT and telecommunications resources allowing access to the Website.It is expressly accepted by the Parties that in the event that the Website is inaccessible due to
(i) maintenance operations carried out by Stactif Luxury or
(ii) difficulties linked to the host of the Website, the responsibility of Stactif Luxury cannot be committed under any circumstances. Access to the Website is free. The Services offered comply with French legislation at the time the order is placed.
The Services presented on the Website are offered for sale for the following territories: International
4 THE CUSTOMER ACCOUNT
4.1 Creation of the Customer Account
The Customer can create a customer account (hereinafter the “Customer account”) prior to or simultaneously with the purchase of Online Services on the Website. The Customer Account is a personal space made available to the Customer and protected by secure access.
The creation of the Customer Account is free and in no way binds the Customer to the purchase of a Service.The Customer Account is created by the Customer by providing the information requested, in particular his email address and a password.The username and password chosen by the Customer when creating their account are their own, confidential and personal. The Customer undertakes to keep his username and password secret and not to disclose them in any form whatsoever. The conservation, use and transmission of its username and password are its sole responsibility. Please note that this information is Personal Data as defined in the Confidentiality Policy. In the event of suspicion of non-compliant use of their Customer Account, the Customer undertakes to immediately notify Stactif Luxury, in order to modify their password.
In any event, any order placed from a Customer Account will be deemed to have been made by the Customer in whose name the Customer Account is referenced.The Client undertakes to provide complete, accurate and current information. He also undertakes not to usurp the identity of a third party, nor to hide or modify his age.
4.2 Customer Account Features
The Customer Account allows the Customer:
to access and modify your stored payment methods;
to access information on orders placed and/or in progress;
to access and modify personal information; to contact Stactif Luxury;
download and print your payment receipts and order details.
The Customer may at any time download and print the data associated with his Customer Account.
The Customer Account is accessible from any computer medium connected to the internet, from the Website.
5 TERMS OF ORDERING SERVICES
In order to order one or more Service(s), the Customer must add said Services available on the Website to his virtual basket (hereinafter the “Basket”). If he has not previously created it, the Customer can create his Customer Account under the conditions defined in article 4 above.The Customer must, in any case, check the Service(s) in their Basket. In the event of an error in the Service(s), the Customer has the option of modifying the Basket and returning to the previous pages of the Website to modify their order.In the event of prolonged inactivity of the Customer on the Website, the availability of the Services selected and placed in the Basket is not guaranteed. The Customer will then have to start their selection again, subject to the availability of the Services. The Customer must then choose one of the payment methods offered by the Website.
The Customer must finally follow the instructions communicated by the payment server to proceed with payment and validation of payment for their order.The Customer's order becomes firm and irrevocable by clicking on the button “Pay now” or any other similar button. From this moment, the Customer will no longer be able to modify his order and/or the information provided.
6 ORDER CONFIRMATION AND TRACKING
The sale of the Service(s) becomes final upon receipt of full payment of the price of said order by Stactif Luxury, and the latter sending confirmation of the order to the Customer by email to address provided by the Customer.
All information provided by the Customer at the time of placing the order and the confirmation by Stactif Luxury of the registration of said order will constitute proof of the transaction.
Stactif Luxury undertakes to systematically confirm each Customer's order by sending an email.
The Customer undertakes to verify the accuracy of the order and to immediately notify Stactif Luxury of any error or omission.The Customer is responsible for any error on his part in indicating an incorrect and/or incomplete email address.
7 FINANCIAL CONDITIONS
7.1 The Price
The prices indicated are firm and non-revisable during their period of validity, the Parties expressly waiving the right to invoke the provisions of article 1195 of the Civil Code.
Depending on the country from which the Customer accesses the Website, the prices displayed on the Website are expressed in the currency of said country, all taxes included.Only prices indicated in euros are fixed. All other prices are converted into the chosen currency, automatically by the system, based on the euro rate on the date the order is placed.All costs of transport, delivery, processing of the order (postage, packaging, preparation of the package, optional services subscribed by the Customer) and other costs, interests and commissions are indicated in the summary of the order and are established according to the location and method of delivery selected by the Customer and are the exclusive responsibility of the Customer. Any additional costs relating to a specific request from the Customer subsequent to the order will be the exclusive responsibility of the Customer and will be subject to additional invoicing.
Stactif Luxury reserves the right to modify the prices of the Services presented on the Website at any time.In any event, the Services will be invoiced to the Customer on the basis of the price displayed in effect at the time of validation of the order.
In accordance with the provisions of the general tax code, Stactif Luxury applies the VAT rate in force to all orders placed on the Website regardless of their destination.
7.2 Payment terms
The order is payable immediately by credit card, online only.Payment for the order is in cash, the Customer will not have the option of paying in several installments.The Customer guarantees that he is the holder of the payment card used to pay for the order, and that the first and last name appearing on the payment card are actually his own.In the event of payment by credit card, the Customer will be asked to provide the payment card number, its expiration date and the visual cryptogram of the payment card used.
In the event that, for whatever reason, the debit of the sums due by the Customer for their order is impossible, the order will be immediately canceled and Stactif Luxury cannot be held liable under any circumstances.Any delay in payment of all or part of a sum due to Stactif Luxury, on its due date under these General Conditions, will automatically result, without prejudice to the provisions of the article "termination for breach" and from the day following the date of payment appearing on the invoice, the invoicing for the benefit of the Customer of late payment interest, due solely due to the expiry of the contractual term, at the rate equal to three (3) times the legal interest rate, based on on the amount of the debt not settled on the due date and a lump sum compensation of forty (40) euros for recovery costs.
8 PROVISION OF SERVICES
The Services are made available to the Customer directly in their Customer Account, upon receipt of full payment of the price. They can be used by the Customer as soon as they are made available.
Stactif Luxury undertakes to make its best efforts to enable the Services to be made available as quickly as possible. However, in the event of a delay in the provision of said Services to the Customer's Customer Account, Stactif Luxury cannot be held liable under any circumstances.
9 UNAVAILABILITY OF SERVICES
9.1 Before ordering
In the event of the partial or total unavailability of one or more Service(s) on the Website, the mention “Unavailable” or any similar mention will be indicated in the description of the Service and the Customer will not be able to add it to their Basket.
9.2 After ordering
In the event of partial or total unavailability of one or more Service(s) after validation of his order by the Customer, he will be informed by e-mail to the e-mail address he will have provided at the time. of the order, either (i) the partial delivery of his order, or (ii) the cancellation of his order.
The Customer will then be invited to alternately choose the option they prefer:
be reimbursed for the price of the Service(s) ordered and unavailable within twenty(20) working days of the request.
receive a voucher for the amount of the unavailable Service(s).
10 SPECIAL OFFERS
Stactif Luxury reserves the right to offer for sale Services subject to promotional offers. The original prices and promotional prices will be displayed showing the percentage (%) reduction applied to the original price.These Services are sold under the same payment conditions, delivery times and reimbursements as the Services excluding promotional offers. It is possible to order several Services benefiting from a promotional offer in the same order and it is also possible to combine the purchase of one or more Service(s) benefiting from a promotional offer and one or more Service(s) excluding promotional offers.
11 RIGHT TO RETRACT
The right of withdrawal does not apply to customers with the status of professional except for contracts for the provision of services or the sale of goods concluded off-premises, the subject of which does not fall within the main scope of activity of the company. the client company and when the professional client does not employ more than 5 employees.In accordance with the provisions of article L.121-21 of the French Consumer Code, the Customer has a period of fourteen (14) days to exercise his right of withdrawal from a contract concluded remotely, free of charge and without having to justify specific reasons.This period begins to run from the day of delivery of the order to the Customer.The Customer exercises his right of withdrawal before the expiry of the aforementioned withdrawal period, without having to justify his decision, nor incur any costs by contacting Stactif Luxury via the tab “ Contact” from the Website.The Customer must, in his request, indicate the order number and the reference of the Services for which he wishes to exercise his right of withdrawal, the reference to this article, his identity and his contact details (surname, first name, telephone number, address postal and/or electronic).
Once the Services have been returned, Stactif Luxury will reimburse said Services within fourteen(14) working days from receipt of the Services, using the same means of payment as that used by the Customer at the time of their order, unless otherwise agreed by the latter.
12 LEGAL GUARANTEES
12.1 Principle
The implementation of legal guarantees by the Client who is not a professional with Stactif Luxury does not incur any costs for the Client.The Customer who wishes a refund under the conditions defined below will be reimbursed by Stactif Luxury within fourteen (14) working days from the return of the non-compliant Product.
12.2 Guarantee against hidden defects
In accordance with the provisions of articles 1641 et seq. of the French Civil Code, the implementation of the guarantee of hidden defects only concerns hidden defects in the Service purchased by the Customer, which would prevent normal use or affect it to a point such that the Customer would not have purchased it.The Customer will not be able to claim the benefit of the hidden defects guarantee for apparent defects that he may have noticed at the time of purchasing the Service. The Customer has a period of two (2) years from the discovery of the hidden defect to take action against Stactif Luxury. It is up to the Customer to provide proof by any means of the existence of the hidden defect and to present all the supporting documents necessary to support their request. The Customer who wishes to implement the guarantee against hidden defects may alternatively:
keep the Service and ask Stactif Luxury for a partial refund of the price;
Return the Service to Stactif Luxury and request a full refund of the price as well as the costs incurred by the sale.
12.3 Legal guarantee of conformity
The conditions of the legal guarantee of conformity are provided in the appendix hereto.
13 INTELLECTUAL PROPERTY
The Services are protected by intellectual property rights. The provision of the Website does not in any way imply transfer of the intellectual property rights of the Website and any of its elements, nor of the associated documentation, which remain the exclusive property of Stactif Luxury. The entire Website, including its tree structure, graphics, structure, object or source codes as well as the content (in particular texts, videos, graphics, images, photographs, logos, button icons, software, audio files and others, databases data) is the property of Stactif Luxury, or their respective owners and is protected by intellectual property, in particular by copyright and trademark law. The Website may not be used for commercial purposes without express prior written authorization from Stactif Luxury. Unauthorized framing of or linking to any of the Services is prohibited. Commercial advertisements and other forms of solicitation may be removed from Customer Content without notice and may result in termination of the Customer Account.
Stactif Luxury reserves all rights over the Website which are not expressly granted to the Client under the terms here of. Consequently, the Client is prohibited from using the Website for purposes other than those referred to in these General Conditions, in the absence of express prior agreement from Stactif Luxury.
Any distribution, reproduction, representation or publication is not authorized other than for strictly personal use and on condition that you acknowledge, by all possible means of identification and whatever the medium of distribution, reproduction, representation and/or publication, the property rights of Stactif Luxury and/or its partners.Subject to compliance with these terms, Stactif Luxury authorizes the Client to access and use the Website exclusively for personal purposes.The license thus granted to the Client is strictly personal, non-exclusive, limited and revocable in the event of non-compliance with these conditions. Stactif Luxury draws the Customer's attention in particular to the fact that no transfer of intellectual property rights can be included in their use of the Website.This is a limited, non-exclusive, non-transferable, non-sublicensable license for Customer to download and install a copy of the Website on a mobile device or computer in its possession. possession or control.Except as specified below, it is strictly prohibited to perform or assist a third party to perform all or part of the following actions:
(i) copy, store, reproduce, transmit, modify, alter, disassemble, imitate, decompile or disassemble the Website, including its Services and content in any way, or create derivative works therefrom;
(ii) use all or part of the Website, Services or their content to create a tool or software that can be used to create software applications of any nature;
(iii) make available to the public in any way whatsoever (transfer, rental, loan, distribution, reproduction, etc.), free of charge or for a fee, all or part of the Website, the Services or their content;
(iv) alter all or part of the Website, the Services or their content or circumvent any technology used by Stactif Luxury or its licensors to protect all content accessible through the Website, the Services;
(v) circumvent the security measures of the Website, Services, and access any unauthorized portion or functionality of the Website, Services;
(vi) use the Website, Services in any manner that violates this license agreement.
Any failure to comply with the above may result in the Client being held liable, without prejudice to Stactif Luxury's right to unilaterally terminate the Client's Client Account.
14 PROPERTY AND RISKS
14.1 Reservation of title
By way of derogation from the provisions of article 1583 of the Civil Code, it is expressly agreed with the Client that the transfer of ownership of the Services delivered is suspended until full and effective payment of the price in principal, interest, taxes and all incidental costs. .In the absence of payment of the price on the agreed due date, Stactif Luxury expressly reserves the right to consider the sale canceled and to claim said Services after formal notice by registered letter or bailiff's summons which remains without effect within thirty(30) days of their presentation.As long as the Services do not belong to the Client, he is prohibited from disposing of them, in particular from pledging them, exchanging them, transferring them into ownership as security.
The Client therefore undertakes to inform its clients, professional resellers, of the existence of the retention of title clause governing the Services and of the right that Stactif Luxury reserves to claim, in their hands, either the disputed Services, or the price.
Notwithstanding the fact that the Client will only have ownership of the Services upon effective payment, the transfer of risks of the Services to the Client will take place under the conditions provided below. The Customer therefore undertakes to take all care in the care and conservation of said goods.The Client immediately notifies Stactif Luxury by any means ensuring perfect communication of any fact likely to compromise his property rights, in particular the opening of a safeguard procedure, liquidation or judicial recovery, seizure or any other precautionary measure.All costs incurred by Stactif Luxury relating to the recovery of the Services subject to retention of title or their price will be the exclusive responsibility of the Client.
14.2 Risks
The Services will be at the expense, risk and peril of the Customer from their delivery to the carrier or their removal by the Customer.
15 FORCE MAJEURE
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code. The Party noting the event must immediately inform the other Party of its inability to perform its service and justify this to the latter.
Stactif Luxury cannot be held responsible to the Client for any lack of performance, unavailability or breakdown of the services, or for any failure or delay on its part to comply with these conditions, in the event that this lack of performance, unavailability or failure is due to a cause beyond its reasonable control.Stactif Luxury declines all responsibility in the event of unavailability of Services due to force majeure, total or partial disruption, strikes in particular of postal services, means of transport and/or communication.
16 RESPONSIBILITY OF STACTIF LUXURY
Provisions applicable to Customers who are not consumers Stactif Luxury's liability towards the Client can only be incurred for facts which are directly attributable to it and which would cause it damage directly linked to these facts.Provisions applicable to Customers with consumer statusIt is up to the Customer to prove any possible non-compliance, as provided for in article 12.3 above.General provisions Stactif Luxury cannot be held responsible in the event of non-compliance with legislation outside the territory indicated herein where the Services would be used.Stactif Luxury reserves the right to modify the information contained on the Website at any time and without notice.Stactif Luxury undertakes to describe the Services sold on the Website in the most complete and precise manner and to ensure that these are updated under the best possible conditions.
Information. However, Stactif Luxury cannot guarantee the accuracy and completeness of this information. Consequently, Stactif Luxury declines all responsibility for:
any damage resulting from fraudulent intrusion by a third party leading to a modification of the information provided;
any imprecision, inaccuracy, omission relating to information on the Website;
all direct or indirect damage, whatever the causes, origins, nature or consequence, caused due to anyone's access to the Website or the inability to access it,
use of the Website and /or credit given to any information coming directly or indirectly from the latter.
Stactif Luxury guarantees the Customer that the Services offered for sale on the Website do not, to its knowledge, infringe any third party intellectual property rights. In all cases, it will be up to the Client to notify Stactif Luxury, as soon as possible, of any action and/or any formal notice that it has received as a result of the use of the Services. Subject to the application of public order provisions preventing any limitation of the Company's liability, if the Company's liability were to be incurred, it would be limited under the conditions defined below:The liability of Stactif Luxury can only be incurred in the event of proven fault or negligence and is limited to direct damage, to the exclusion of any indirect damage, of any nature whatsoever.
Under no circumstances will Stactif Luxury be required to compensate for immaterial damage whether or not resulting from material damage such as, in particular, financial losses, including general costs, loss of profit, activity, contracts, income. , customers and production as well as any damage linked to damage to the Customer's image. Stactif Luxury cannot be held liable for damages resulting from errors arising from documents or information provided by the Client. The damages that Stactif Luxury may be required to pay to the Client are subject to recognition of Stactif Luxury's liability as a result of a court decision that has become final. In any event, the damages that may be owed by Stactif Luxury are limited to the price of the Service(s).
This limitation of liability clause is expressly accepted by both Parties.
17 CUSTOMER COMMITMENTS
The Customer wishing to fully benefit from the Website and purchase Services must have full capacity and act for strictly professional purposes. The Client undertakes to use the Services in accordance with the regulations in force and not to use them inappropriately or contrary to good morals. The Customer undertakes to pay the price under the conditions provided for in these General Conditions.The Customer undertakes to return the Services in new condition, unused, intact and carefully repackaged.The Client also undertakes to find a solution allowing it to fulfill its obligations despite the case of force majeure as defined in article 15 above.
The Client declares to be the legal owner or holder of the intellectual property rights concerning all content provided and/or published on the Website. The Client undertakes to ensure that the content published by him on the Website is lawful, does not infringe good morals, public order and the rights of third parties, does not infringe any legislative or regulatory provision and more generally, is in no way likely to give rise to the civil or criminal liability of Stactif Luxury;
Stactif Luxury will always have the possibility of taking action against the Customer and obtaining full compensation for the damage that Stactif Luxury may have suffered.
18 CONTRACT LENGTH
This Contract takes effect from its acceptance by the Client and is concluded until delivery of the Services ordered to the Client, with the exception of the provisions which are intended to persist beyond the contractual relations between the Parties.
19 TERMINATION OF THE CONTRACT
19.1 Complaint
The Customer may send complaints by registered letter with acknowledgment of receipt to the following address: 1 rue d'Estienne d'Orves, Paris, 94370, France; or by email to the contact email address appearing on the Website.
19.2 Termination by the Customer
The Customer may terminate his Customer Account or subscription(s) (if applicable) at any time, by accessing the settings of his Customer Account on the Website, providing a notice period of at least forty-eight (48 ) hours before the end of the current period. Termination will be effective at the end of the current period.
19.3 Termination by Stactif Luxury
Stactif Luxury reserves the right to sanction any malicious behavior contrary to the commitments made by the Customer hereunder by canceling their order and deleting their Customer Account.Stactif Luxury reserves the right to suspend or terminate a Customer's account in the event of fraud, failure to fulfill an obligation resulting from this, including without the list being exhaustive, the lack of possibility of withdrawing the amount of the subscription selected at the agreed expiry date, the unauthorized copying or downloading of audio or video content or any violation of the limited use license granted as part of its access to the Services, or the unauthorized sharing of the account of the Customer. In such a case, Stactif Luxury must justify its decision and offer the Customer the opportunity to share their observations before making the decision to suspend or terminate the Customer Account. Stactif Luxury will not make any refunds and the amounts paid by the Customer will be retained in full by Stactif Luxury.
20 PERSONAL DATA
For any information relating to the processing of the Client's personal data by Stactif Luxury, the Client is invited to consult the Confidentiality Policy accessible on the Website.
21 DISPUTE AND APPLICABLE LAW
21.1 Provisions applicable to Customers with consumer status
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Stactif Luxury adheres to the E-commerce Mediator Service competent for its sector of activity, it being specified that the list of referenced consumer mediators appears at the following link:
Consumer mediators | https//www.economy.gouv.fr
Online Dispute Resolution Platform: in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of disputes online between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
21.2 Provisions applicable to Customers who are not consumers
The Parties agree to attempt to resolve any dispute amicably before resorting to legal action.All disputes to which these General Conditions could give rise, concerning its validity, its interpretation, its execution, its resolution, its consequences and its consequences will fall under the jurisdiction of the Court of Appeal of the headquarters of the Company.
21.3 General provisions
By express agreement between the Parties, these General Conditions and the resulting purchase of Services are governed by French law. They are written in French.
The Parties acknowledge that they are the authors of all written exchanges between the Parties and that these writings may be used as means of proof by the other Party. In the event that they are translated into one or more languages, only the French text will be authentic in the event of a dispute and any translation will refer to the original French version.
22 CUSTOMER ACCEPTANCE
These General Conditions are expressly approved and accepted without reservation or restriction by the Customer, who declares and acknowledges having perfect knowledge of them, and therefore waives the right to rely on any contradictory document and, in particular, its own general conditions of sale. purchase, which will be unenforceable against Stactif Luxury, even if it was aware of it.
23 MISCELLANEOUS
23.1 The partial or sole exercise of a right, the failure to exercise or the delay in the exercise of a right or a remedy or power by one or the other of the Parties cannot constitute a waiver by that Party to the subsequent exercise of such right, power or remedy under these Terms and Conditions or otherwise by that Party.
23.2 In the event that one or more clauses of these General Conditions areIf deemed void, illicit or inapplicable by a competent court or authority, this clause(s) will be deemed not to be part of of the General Conditions.
23.3 This will not affect the enforceability of the other clauses of the General Conditions nor the validity,
the legality and enforceability of said clause in any other jurisdiction. The invalid provision will be replaced by a valid provision, coming as close as possible to the economic goal pursued by the Parties.
23.4 Any reference in these General Conditions to a provision of a law or article shall be construed as referring to that provision as amended, codified, re-adopted or extended at the time of such reference and under French law.
23.5 The Parties undertake to always behave as loyal partners in good faith and to inform each other of any difficulties they may encounter in the execution of theseGeneral Conditions. Loyalty and good faith are essential elements for the conclusion of these General Conditions.
23.6 The Parties undertake, for the entire duration of the General Conditions and for a period of two (2) years from their expiration, to preserve the strict confidentiality of all information, data, documents of any kind received or obtained from a Party within the framework of contractual relations.
ANNEX
PROVISION RELATING TO LEGAL GUARANTEES APPLICABLE TO CONSUMER CUSTOMERS
1 For Services containing digital elements
In accordance with the legal provisions in force relating to the conformity of the Services to the General Conditions, Stactif Luxury is responsible for any lack of conformity appearing on the Services acquired by the Client under the following conditions.
The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer does not is required to establish only the existence of the lack of conformity and not the date of its appearance.When the contract of sale of the good provides for the supply of digital content or a digital service on a continuous basis for a period greater than two years, the legal guarantee is applicable to this digital content or this digital service throughout the period. expected period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance.The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the good.The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, without cost and without major inconvenience for them. If the good is returned within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.If the consumer requests repair of the good, but the seller requires replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.The consumer can obtain a reduction in the purchase price by keeping the goods or end the contract by being reimbursed in full against return of the goods, if:
(a) The professional refuses to repair or replace the goods;
(b) The repair or replacement of the goods takes place after a period of thirty days;
(c) The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-compliant good, or if he bears the costs of installing the repaired or replacement good ;
(d) The non-compliance of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.The consumer also has the right to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in the price or the termination of the contract being immediate. The consumer is then not required to request repair or replacement of the goods beforehand.
The consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund against return of the good.The Services must be returned to Stactif Luxury in the condition in which they were received with all the items (accessories, instructions, etc.) in packaging allowing transport in good conditions.
In this context, shipping costs will be reimbursed to the Customer on the basis of the invoice price and return costs will be covered by Stactif Luxury.Reimbursement will be made by re-crediting the payment method used when ordering. No cash on delivery will be accepted, whatever the reason. These guarantees are without prejudice to the applicable right of withdrawal.
2 For digital content and digital services
The following provisions only concern digital content and services not subject to specific conditions.(has) When the contract provides for a one-off supply operation of the digital content or digital service, or a series of distinct supply operations:
The consumer can obtain a reduction in the price by keeping the digital content or the digital service or he can end the contract by being fully reimbursed against renunciation of the digital content or the digital service, if:
(a) The professional refuses to bring the digital content or digital service into compliance;
(b) Compliance of the digital content or digital service is unjustifiably delayed;
(c) Bringing the digital content or digital service into compliance cannot take place without costs imposed on the consumer;
(d) Bringing the digital content or digital service into compliance causes a major inconvenience for the consumer;
(e) The non-compliance of the digital content or digital service persists despite the professional's attempt to achieve compliance remains unsuccessful.The consumer is also entitled to a reduction in price or termination of the contract when the lack of conformity is so serious that it justifies the reduction in price or termination of the contract being immediate. The consumer is then not required to request compliance of the digital content or digital service beforehand.
In cases where the lack of conformity is minor, the consumer is only entitled to cancel the contract if the contract does not provide for the payment of a price.Any period of unavailability of the digital content or the digital service with a view to bringing it back into conformity suspends the guarantee which remained to run until the supply of the digital content or the digital service which returns to conformity. The rights mentioned above result from the application of articles L. 224-25-1 to L. 224-25-31 of the Consumer Code. The professional who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover ( article L. 242-18-1 of the Consumer Code) The consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This guarantee entitles you to a price reduction if the digital content or digital service is retained or to a full refund against waiver of the digital content or digital service.
(f) When the contract provides that the digital content or digital service is provided on an ongoing basis:
The legal guarantee of conformity entails the obligation to provide all updates necessary to maintain the conformity of the digital content or the digital service for 12 months.The legal guarantee of conformity gives the consumer the right to have the digital content or digital service brought into conformity without undue delay following their request, without cost and without major inconvenience for them.The consumer can obtain a reduction in the price by keeping the digital content or the digital service, or he can end the contract by being reimbursed in full against renunciation of the digital content or the digital service, if:
(a) The professional refuses to bring the digital content or digital service into compliance;
(b) Compliance of the digital content or digital service is unjustifiably delayed;
(c) Bringing the digital content or digital service into compliance cannot take place without costs imposed on the consumer;
(d) Bringing the digital content or digital service into compliance causes a major inconvenience for the consumer;
(e) The non-compliance of the digital content or digital service persists despite the professional's attempt to achieve compliance remains unsuccessful.The consumer is also entitled to a reduction in price or termination of the contract when the lack of conformity is so serious that it justifies the reduction in price or termination of the contract being immediate. The consumer is then not required to request compliance of the digital content or digital service beforehand.
In cases where the lack of conformity is minor, the consumer is only entitled to cancel the contract if the contract does not provide for the payment of a price.Any period of unavailability of the digital content or the digital service with a view to bringing it back into conformity suspends the guarantee which remained to run until the supply of the digital content or the digital service which returns to conformity. These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the Consumer Code. The professional who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover ( article L. 242-18-1 of the Consumer Code). The consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This guarantee entitles you to a price reduction if the digital content or digital service is retained, or to a full refund against waiver of the digital content or digital service.
PROVISION RELATING TO LEGAL GUARANTEES APPLICABLE TO CONSUMER CUSTOMERS
Please complete and return this form only if you wish to withdraw from the contract :
To the attention of Stactif Luxury, 1 rue d'Estienne d'Orves, Paris, 94370, France,I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the goods (*) / for the provision of services (*) belowOrdered on (*) / received on (*) Name of Consumer(s), Address of the Consumer(s), Signature of the Consumer(s) (only if this form is notified on paper)
Date :
(*) Delete what is unnecessary.
