Terms of sale

ARTICLE 1. DEFINITIONS

For the purposes of these general terms and conditions of sale, the following terms are defined as follows, with other terms possibly being defined within these general terms and conditions of sale:

"Purchase": Refers to the transfer of ownership of one or more Products from the Company to the Client, following an Order validated by the Company on the Site or an in-store sale, in accordance with the provisions of the T&Cs.
"Client": Refers to any User, final consumer who is a natural person or a non-professional legal entity, excluding all resellers or intermediaries acting on behalf of resellers, who makes a Purchase.
"Order": Refers to any Purchase request on the Site for one or more Products by a Client, subject to the Company's validation.
"User Account": Refers to a space reserved for the registered User, accessible after registration on the Site via a Login Identification or by retrieving an account created with a partner or service provider, allowing access to certain content on the Site or placing an Order.
"Guest Account": Refers to the temporary account reserved for the User who does not wish to create a User Account and is created solely for the purpose of placing a single Order.
"T&Cs": Refers to the entirety of the provisions set out in these general terms and conditions of sale, detailing the rights and obligations of the Company and the Client in the context of the Purchase of Products.
"Contract": Refers to the entirety composed of (1) the Order summary sent by the Company to the Client after Order validation, whose details also appear on the User Account, or the receipt issued or sent by the Company to the Client at the time of an in-store Purchase; and (2) these T&Cs.
"Login Identification": Refers to a confidential username and password allowing access to the User Account and certain content on the Site.
"Products": Refers to all products offered for Purchase by the Company on the Site and/or in-store.
"Company": Refers to L'Amour Brut, a simplified joint-stock company with a capital of €1,000, whose registered office is located at 320 Rue Saint Honoré, 75001 Paris, registered with the Paris Trade and Companies Register under number B 917 804 965.
"Site": Refers to the website www.lamour-brut.com, through which the Company offers its Products for Purchase.
"User": Refers to any person using the Site.

ARTICLE 2. PURPOSE - SCOPE OF APPLICATION

These T&Cs govern any Purchase of Products from the Company, whether on the Site or in-store, except for specific provisions provided herein. They are written in French in their original version, which prevails over any other version. The T&Cs take precedence over any correspondence from the Client, including their general terms and conditions of purchase and any mentions on their purchase orders. These T&Cs cancel and replace any prior or concurrent agreement between the Company and the Client regarding the Purchase of Products.

The Company reserves the right to update these T&Cs at any time. The T&Cs in effect at the time of Contract conclusion are binding on the Client.

ARTICLE 3. PRODUCT CHARACTERISTICS

The Products offered by the Company on the Site and/or in-store are fashion items, including clothing and accessories, whose specifications are detailed on the Site and/or provided by in-store staff upon the Client's request, subject to stock availability. While all efforts are made to ensure that the colors and patterns of the Products presented on the Site are true to reality, variations may occur, particularly due to technical limitations related to color display on Clients' computer devices. Consequently, the Company cannot be held responsible for errors or minor discrepancies between the photographs or graphic representations of the Products on the Site and the actual Products.

ARTICLE 4. ONLINE ORDERS

The provisions below apply exclusively to Orders placed on the Site.

4.1 Online Ordering Process

Any Order placed on the Site must be submitted via a User Account or a Guest Account. The Client may purchase one or more Products by following this process:

Acceptance of the Site's T&Cs: The T&Cs must be accepted by any User wishing to browse the Site. The Client declares and acknowledges having read and accepted them. The T&Cs must be accepted each time a new connection is made on the Site before being able to browse, view Products, and place an Order.
Product Selection: The Client selects the Product they wish to order.
Adding Products to Cart: The Client adds the selected Products to their cart.
Reviewing the Selection: The Client verifies the contents of their cart and can remove selected Products.
Account Login or Guest Account Creation: The Client can place an Order without creating or logging into a User Account by filling in the identification form with the required information (name, address, email, phone number for delivery).
Order Verification: The Client reviews the Order summary, including the description of Products, total price, Client details, and delivery method. The Client can modify the Order at this stage.
Payment Selection: The Client chooses a payment method in accordance with Article 4.4.
Acceptance of the T&Cs: By checking the corresponding box. This acceptance is mandatory for each Order.
Order Validation: The Client receives an order confirmation email summarizing the Order details.
Order Processing: The Company verifies Product availability.
Order Confirmation: The Client receives an email confirming the Order. The Contract is deemed concluded at the date of this email.
Order Tracking: The Client receives updates regarding Order processing and shipping, including a tracking number.

4.2 Product Availability

Products visible on the Site are available while stocks last. Unless the Company has definitively validated the Order, it does not guarantee the continued availability of Products for sale over a specific period or their pricing.

In case of unavailability after an Order is placed, the Company will inform the Client and offer a refund or suggest an alternative Product.

The Company reserves the right to modify Products offered on the Site at any time.

4.3 Pricing

Product prices are displayed in euros, with potential options for payment in other currencies. Prices include all taxes (TTC) but exclude potential customs duties for orders outside the EU, which remain the Client's responsibility.

The Company reserves the right to modify Product prices at any time without prior notice.

4.4 Payment Methods

The Client can pay for their Order using:

Credit Card: Payment is secured and processed via the Company’s banking partner.
Payment Applications: Payment may be made via PayPal, Apple Pay, etc.
Payment Security: Transactions are encrypted for security purposes.
Non-Payment: The Company reserves the right to refuse an Order in case of non-payment.
Retention of Ownership: Products remain the property of the Company until full payment is received.

ARTICLE 5. DELIVERY TERMS AND CONDITIONS

The following provisions apply exclusively to Orders placed on the Site.

5.1 Delivery Address

The Company ensures delivery of Products in metropolitan France and internationally in the countries specified on the Site, according to the applicable logistics tariffs.

Delivery is made to the delivery address confirmed by the Customer at the time of the Order, which may be different from the billing address. The costs of preparation and shipping vary depending on the country of destination and the total amount of the Order. These costs will be specified on the invoice.

The Company disclaims all liability in case of actions, costs, or taxes related to customs services, as well as for delays attributable to these services, over which it has no control. The Customer is responsible for these costs and taxes.

5.2 Delivery Modes and Timeframes

The available delivery options depend on the quantity of Products ordered and the delivery location.

If the Order reaches a certain volume, the Company reserves the right to deliver it in multiple packages and/or separate deliveries. The choice of carrier is at the discretion of the Company.

The date of availability of the Products depends on their availability in stock, the date of shipment of the Order, and the delivery time inherent to the chosen mode of transport. In general, the average delivery time is four (4) to fifteen (15) working days from the confirmation of the Order by email.

The dates and deadlines for delivery communicated by the Company are indicative. The Company reserves the right to modify these dates if necessary.

For "pre-order" operations, delivery times may be longer. In general, these times can vary from two (2) to nine (9) months from the confirmation of the Order by email.

Exceeding the delivery times indicated cannot give rise to the cancellation of the Order, a reduction in the price paid by the Customer, or the payment of damages and interest. However, if delivery is not made within thirty (30) days after the estimated maximum deadline, the Customer may cancel the Order without charge. The amounts paid will then be refunded. The Company reserves the right, if possible, to offer the Customer a Product of equivalent quality and price to the initially ordered Product.

5.3 Receipt of Delivery

Upon receipt of the Order, it is the Customer's responsibility, or that of the authorized recipient of the Order, to verify the conformity of the delivered Products with the Order before signing the delivery note attached to the package. In case of a problem (damaged Product, missing Product, etc.), the Customer must make handwritten reservations on the delivery note accompanied by their signature and notify the carrier within three (3) working days following receipt of the items by registered letter with acknowledgment of receipt.

The Customer must also inform the Company by:

Email to the address: contact@lamour-brut.com
Mail to the address: L'Amour Brut - Customer Service - 320 Rue Saint-Honoré, 75001 Paris, France

No claim regarding the condition of the delivered package(s) will be accepted if the delivery note has been signed without reservation.

In case of incomplete address, incorrect address, refusal of the package by the recipient, or lack of information leading to an inability to deliver the Product to the recipient on time, the Company cannot be held responsible for the final quality of the delivery. If this lack of information results in a second presentation to the recipient, the Company will be entitled to request the Customer to pay the corresponding costs. The Customer is subject to the general delivery conditions of the carrier, which may affect the quality of delivery if they do not comply with them.

Thus, in case of absence of the recipient, and according to the general delivery conditions of the carrier, the Product may be presented again and/or deposited at a convenient relay point and/or in front of the Customer's home and/or in a carrier's sorting center and/or returned to the Company. The Company cannot be held responsible for any theft, loss, or damage to the Products related to their delivery, and in general, the final quality of the delivery.

In the event of an inability to deliver and if the Product is returned to the Company by the carrier, the Company will not make a new delivery.

5.4 Product Return Terms and Conditions

The terms and conditions for returning Products purchased on the Site are as follows:

Unique and Limited Edition Products

For unique and limited edition products, no returns will be accepted. These products are exclusive and/or customized, making it impossible to consider an exchange or refund.

Pre-order Products

Pre-order products are manufactured specifically at the request of the Customer. Consequently, returns will only be accepted in exchange for a credit note.

Other Products

For other products, we accept returns under certain conditions:

No cash refund or bank credit will be made.
Product exchange: We offer an exchange for a Product of equivalent value, subject to availability.
Credit note: If the desired Product has a different value, we will issue a credit note in the form of a code. This credit note will be valid for a period of 1 year in our store.

Return Conditions

Product condition: Products must be returned in their original condition, unworn, unwashed, undamaged, with their labels intact and in their original packaging.
Return deadline: Returns must be made within 14 days from the date of receipt of the Product by the Customer.

Return Procedure:

The Customer must contact our customer service by email at contact@lamour-brut.com to obtain a return authorization number.

Return Costs

Return costs are the responsibility of the Customer, unless there is an error on the part of the Company or a defective Product. We strongly advise using a tracked delivery service for returns to ensure the receipt of the returned items.

Exchange Confirmation

Upon receipt and verification of the returned Products, we will send the Customer an email confirming the exchange or a credit note, as applicable.

By following these return terms and conditions, we ensure that each Customer benefits from a high-quality service while respecting the exclusive nature of some of our Products.

ARTICLE 6. RETENTION OF OWNERSHIP

The ordered Products remain the property of the Company until full payment of the price is received. However, once the Products are delivered to the address specified in the Order, all risks, including those of loss, theft, or damage, are transferred to the Client.

This retention of ownership ensures that the Company retains ownership of the Products until full payment is received, thereby protecting its interests in case of non-payment. As of delivery, the Client must take all necessary precautions to safeguard the Products against any damage or loss.

By accepting these terms and conditions, the Client acknowledges having understood and accepted this retention of ownership clause.

ARTICLE 7. RIGHT OF WITHDRAWAL

The following provisions apply solely to Orders placed on the Website.

In accordance with Article L.221-18 of the Consumer Code, the Client has a period of fourteen (14) days from the receipt of the Products purchased on the Website to notify the Company’s customer service of their intention to exercise their right of withdrawal and return the Products.

To exercise this right of return, the Client must, within the aforementioned fourteen (14) day period:

Contact the customer service team in advance at the following email address: contact@lamour-brut.com to obtain a return label.
Return the Products complete in their original, undamaged packaging, with their tags attached and unworn, along with all their accessories.

Any parcel returned after the stated period will be refused and sent back to the sender at their expense. No product return will be accepted without following these guidelines.

Should the Client duly exercise this right, the Company will reimburse the price of the returned Products (excluding any customs fees and/or additional costs) within a maximum of fourteen (14) days following receipt of the returned Products. This reimbursement will be made by crediting the bank account used to make the Order payment.

By adhering to these conditions, the Client ensures that their return is processed quickly and efficiently, in compliance with applicable regulations.

ARTICLE 8. LEGAL GUARANTEES

8.1 Common Provisions
The Products sold by the Company are subject to the legal guarantees set forth in Articles L.217-4 to L.217-14 of the Consumer Code and Articles 1641 and 1648 of the Civil Code, to the exclusion of any other warranties. The Company will reject any claims concerning Products that have been used inappropriately.

Any claim regarding the Products themselves, not related to delivery, must be made:

by email to the following address: contact@lamour-brut.com; and
followed by written confirmation sent via registered mail with acknowledgment of receipt to customer service at the following address:
L'Amour Brut – Customer Service – 320 Rue Saint-Honoré, 75001 Paris, France.

These guarantees apply only if the Client submits the claim within twenty-four (24) months from the Product’s delivery (for the legal guarantee of conformity) or the discovery of the defect (for the legal guarantee of hidden defects) and in the prescribed manner. It is the Client’s responsibility to prove they meet the warranty requirements.

If the Company acknowledges a lack of conformity and/or hidden defects, and if a Product return is required, the Client must contact customer service to obtain a return label via the following email address: contact@lamour-brut.com. No parcel return will be accepted without following these guidelines.

8.2 Legal Guarantee of Conformity
The Company guarantees to the Client a Product that conforms to the purchase and is free from conformity defects at the time of delivery. In this respect, the Product will be suitable for its usual intended use and possess the characteristics described at the time of sale. The Company is also liable for conformity defects resulting from packaging, installation instructions, or the assembly when these were managed by the Company or carried out under its responsibility.

Conformity defects appearing within twenty-four (24) months from delivery are presumed to have existed at the time of delivery unless proven otherwise.

The unique, artisanal nature of L'Amour Brut’s Products, handmade with slight variations, means there may be differences between the depicted Products and the delivered Products. These differences do not constitute conformity defects.

If a conformity defect is acknowledged concerning a Product sold by the Company, the Client can choose either repair or replacement of the Product, unless one of these options entails a clearly disproportionate cost for the Company. If repair or replacement is impossible, the Client may request a refund of the paid price and return the Product or retain the Product and receive a partial refund, except for minor defects.

8.3 Legal Guarantee Against Hidden Defects
The Company guarantees to deliver a Product free from hidden defects that render it unfit for its intended use or significantly diminish its usability, such that the Client would not have purchased it or would have paid a reduced price if the defects were known.

If a hidden defect is acknowledged concerning a Product sold by the Company, the Client may either return the Product and request a full refund of the price and expenses incurred in the sale or retain the Product and request a partial price refund. Any restitution, replacement, or refund of the Product will be free of charge for the Client. This does not preclude the potential allocation of damages if warranted.

ARTICLE 9. INTELLECTUAL PROPERTY AND UNFAIR COMPETITION

All documents, textual information, graphics, images, photographs, or any other content published on the Website are the exclusive property of the Company or are used with the consent of their respective owners. They are protected by copyright, trademark rights, design rights, and/or any other intellectual property rights, as well as related rights.

Consequently, they may not be reproduced, exploited, or used in any manner whatsoever without the express authorization of the publication director.

The Company holds all intellectual property rights (except for the moral rights of the authors) related to the Products and their packaging, as well as to the trademarks and distinctive signs under which the Products are marketed. No license or right other than the right to acquire the Products, physical supports, and packaging is granted to anyone under the intellectual property rights, including labels, packaging, leaflets, and other elements created by the Company at the Client's specific request.

Any reproduction, representation, use, adaptation, modification, incorporation, translation, or marketing, whether partial or complete, by any process and on any medium (paper, digital, etc.), is prohibited without prior written authorization from the Company's publication director. Failure to comply with these provisions constitutes an infringement of copyright, design, trademark, or unfair competition laws.

Accordingly, the Client undertakes not to infringe in any way on these intellectual property rights. Specifically, the Client expressly agrees not to manufacture, sell, license, or market in any manner, either directly or through a third party, for their own benefit or for the benefit of a third party, the Products, imitations, or reproductions of the Products, or any related intellectual property rights belonging to the Company.

ARTICLE 10. LIMITATION OF LIABILITY

The Company disclaims any liability for any indirect, special, or incidental losses or damages that may result from the use of the Products or the Website.

The Company can only be held liable in cases of proven gross fault or negligence, and even then, such liability will be limited to direct and personal damages, to the exclusion of any indirect damages, regardless of their nature.

ARTICLE 11. PERSONAL DATA

The provisions concerning the personal data exchanged between the Company and the Client within the framework of these General Terms and Conditions are detailed in the Privacy Policy.

ARTICLE 12. FORCE MAJEURE

In accordance with Article 1148 of the Civil Code, "Force majeure" refers to any external, irresistible, and unpredictable circumstance beyond the reasonable control of the party affected by such a case of force majeure.

If the Company is prevented or delayed in fulfilling its commitments due to a force majeure event, it undertakes to inform the Client within ninety-six (96) hours, detailing the specific elements constituting the force majeure and the reasonably foreseeable duration of the delay or impediment.

In such circumstances, the Company will be released from any liability for the non-performance or delay in the performance of its obligations. However, it undertakes to make every effort to resume full execution as soon as reasonably possible.

In a force majeure event, the Company reserves the right, at its discretion, to terminate the Order or a part thereof, without incurring liability, while committing to refund the amounts already paid by the Client. However, the Client may not claim force majeure to relieve themselves, even temporarily, of their obligation to pay any amount due.

ARTICLE 13. DURATION

These General Terms and Conditions will remain in effect until replaced by a new version in accordance with the terms outlined in these conditions.

ARTICLE 14. MODIFICATIONS

The Company reserves the right to modify these General Terms and Conditions at any time.

The new General Terms and Conditions will take effect from the earlier of the following two dates: (1) their publication on the platform, subject to prior notification to the Client; or (2) their communication by any written means and acceptance by the Client. The continued engagement of the Company by the Client, after being informed of these modifications, will be considered as acceptance of the updated version of the General Terms and Conditions.

ARTICLE 15. APPLICABLE LAW – DISPUTES

These General Terms and Conditions (GTC) of L’AMOUR BRUT are governed by French law. The language of this contract is French.

In the event of a dispute, only the French courts will have jurisdiction. However, in accordance with Regulation EC 593/2008 of June 17, 2008, these GTC do not exclude the application of a more favorable provision for the Client that cannot be waived by agreement, under the law of the country where the Client has their habitual residence.

If a dispute arises regarding the application and/or interpretation of the GTC, the Client has the option to resort to conventional mediation or any other alternative dispute resolution method, in accordance with the provisions of the Consumer Code.

Pursuant to Ordinance No. 2015-1033 of August 20, 2015, and Implementing Decree No. 2015-1382 of October 30, 2015, any consumer-related dispute or claim may be subject to an amicable resolution through mediation with the CMAP – Paris Mediation and Arbitration Center. To initiate mediation, the Client may:
(i) fill out the form available on the CMAP website under the "You are: a consumer" section at www.cmap.fr;
(ii) send their request via regular or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 Paris; or
(iii) send an email to consommation@cmap.fr.

Regardless of the method used to contact the CMAP, the Client's request must include the following elements to be processed promptly:

Their postal, email, and phone contact details,
The full name and address of the Company,
A brief summary of the dispute,
Proof of prior efforts made with the Company to resolve the issue.

In case of a dispute, both you and L'AMOUR BRUT hereby submit to the non-exclusive jurisdiction of the French courts. Should a conflict arise between you and L'AMOUR BRUT, the court with exclusive jurisdiction will be the Tribunal de Paris (Paris Court).