Terms & Conditions4
Photos are realized by the photographers: Émilie Gomez, Nagib Chtaib, Etienne Tordoir.
The models for the ecommerce are: Gabriel and Étienne
The www.louisgabrielnouchi.com site is on Gandi server. The site is developed by KSWEBDESIGN Poland www.kswebdesign.eu, by Karoline and Pawel Sadzewicz under the artistic direction of Adrien Simon Poznanski.
Photos, webdesign and the global visual identity of the brand is realized under the art direction of Adrien Simon Poznanski
The typeface "Louis-gabriel Nouchi" was designed by Charlotte Taillet.
II. GENERAL SALES CONDITIONS
1. SECTION 1 - SCOPE
These General Sales Conditions (GSC) apply without restriction or reservation to all sales concluded by MONONOKE. MONONOKE is a limited liability company with capital of €5,000.00, whose head office is located at 123 Rue du Château, 92100 Boulogne-Billancourt, listed with the Nanterre Companies Register under number 833 172 521 (the "Seller"). These GSCs apply to consumers and non-professional customers (the "Customers"), wishing to acquire the products offered for sale by the Seller (the "Products") on the www.louisgabrielnouchi.com website.
In particular, they specify the conditions applied to orders, payments, deliveries, and managing the return of Products ordered by Customers.
Products and orders concerned :
The Products offered for sale on the www.louisgabrielnouchi.com website are all those related to apparel, material, and all textiles used for clothing, all ready-to-wear Products including any custom-made clothing as well as clothing made from standard models, all fashion accessories, all leather goods, all designer products, all shoes or slippers, and all home linens.
Products presented on the www.louisgabrielnouchi.com website are offered for sale without territorial restriction except for the following countries: VENEZUELA, COLOMBIA, PARAGUAY, SYRIA, IRAQ, BRAZIL, NORTH KOREA, and the African continent except MOROCCO, ALGERIA, TUNISIA, SOUTH AFRICA, MADAGASCAR, SAO TOME and PRINCIPE, and CAPE VERDE (the "Prohibited Countries").
If an order is placed from a country other than metropolitan France, the Customer is considered an importer of the Products and assumes the consequences.
The Products' main features, in particular, their composition, size, and specifications are presented on the website at www.louisgabrielnouchi.com.
The Customer is required to acquaint himself with these details before placing an order.
Selecting and buying a Product is solely the responsibility of the Customer.
The photographs and graphics presented on the www.louisgabrielnouchi.com website are not contractual, thus they do not engage the Seller's liability.
The Customer must refer to each Product's description in order to learn their properties and essential features.
Product offers are subject to availability, as specified at the time the order is placed.
These General Sales Conditions apply to the exclusion of all other terms and conditions, including those applicable for in-store sales or through other channels of distribution and marketing.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
Customer's Personal Data and Rights
In accordance with the Data Protection Act of 6 January 1978, reinforced and supplemented by the General Data Protection Regulation (GDPR) entered into force on 25 May 2018, the Customer has at all times a right of access, rectification, opposition, deletion, and portability of all his personal data by contacting by post or by email, and justifying his identity to MONONOKE at 123 Rue du Château, 92100 BOULOGNE-BILLANCOURT - Phone: +33(0)1 -41 -10 -03 -10.
Acceptance of the General Sales Conditions
These General Sales Conditions are accessible at any time on the www.louisgabrielnouchi.com website and shall prevail, if necessary, over any other version or contradictory document.
The Customer declares having read these General Sales Conditions and accepted them by ticking the box provided for this purpose before placing an order online as well as the general terms and conditions of the website www.louisgabrielnouchi.com.
The Customer's validation of the order implies acceptance without limitation or reservation of the present General Sales Conditions.
The Customer acknowledges being of age and having the required capacity to contract and purchase the Products offered on the website www.louisgabrielnouchi.com.
These General Sales Conditions shall remain valid until the Seller indicates otherwise. They may be subject to further modifications. The version applicable to the Customer's purchase is that in effect on the website on the date the order is placed.
2. SECTION 2 - ORDERS
It is up to the Customer to select on the www.louisgabrielnouchi.com website the Products he wishes to order, according to the following modalities:
1. The Customer places the Product in his shopping cart indicating the desired size and quantity. Product offers are valid as long as they are visible on the site, while stocks last, and subject to availability.
2. Creation of an online account or login with the Customer's username and password if the online account already exists.
3. A summary of the order is displayed on the website by the Seller and the order is validated by the Customer.
4. The Customer enters his delivery and invoicing address.
5. Selection of payment method and payment by the Customer.
6. Final validation is made by the Customer. During this step the Customer has the opportunity to verify the details of his order, the total price, and correct any errors before confirming his acceptance of the order. This order validation implies the acceptance of the entirety of the present General Sales Conditions and constitutes a proof of the sales contract. It is therefore the Customer's responsibility to verify the accuracy of the order and to immediately report any errors (the Order Validation).
7. Confirmation of the order by the Seller is sent to the Customer's email address provided when creating his account online (the Order Confirmation). The Seller reserves the right to cancel or refuse orders from a Customer with whom there was a dispute over the payment of a previous order.
8. Order tracking. Customers may track the progress of their orders on the www.louisgabrielnouchi.com website by logging into their online account.
The sale will only be considered final after the Order Confirmation and the Seller's collection of the full price.
All orders placed on the www.louisgabrielnouchi.com website constitute a sales contract concluded at a distance between the Customer and the Seller (the "Contract").
The contractual information is presented in French or in English, at any time, based on the language the Customer selected on the website.
3. SECTION 3 - PRICES
The Products are supplied at the rates in effect on the www.louisgabrielnouchi.com website, at the time the order is registered by the Seller. The prices are expressed in euros, with and without tax.
For all Products shipped outside the European Union and the French overseas departments and territories, prices will be automatically calculated pre-tax on the invoice.
Customs duties, other local taxes, import duties, or state taxes may be payable upon delivery. They will be at the Customer's expense and sole responsibility.
The rates take into account possible discounts granted by the Seller on the www.louisgabrielnouchi.com website.
These rates are firm and non-revisable during their period of validity, as indicated on the www.louisgabrielnouchi.com website. The Seller reserves the right, outside this period of validity, to modify its prices at any time. They do not include processing fees, shipping, transport, and delivery, which are charged in addition under the conditions indicated on the www.louisgabrielnouchi.com website and calculated prior to the Order Validation.
The requested payment corresponds to the Customer's total purchase amount, including these costs.
Any specific, custom orders placed by the Customer may be considered. This type of order cannot be placed through the www.louisgabrielnouchi.com website. It will be subject to a quote previously accepted by the Customer.
4. SECTION 4 - PAYMENT TERMS
The price is payable in cash, in full on the day of the Order Validation by the Customer. Settlement is by way of secure payment, according to the following methods:
- By bank card via the STRIPE secure payment platform: Visa, Mastercard, Electron, Cirrus, American Express, Bancontact, and Apple pay;
- By the application Lydia; and
- By PayPal.
Payment data is exchanged in encrypted form thanks to the STRIPE secure payment platform.
If payment is made by bank card, the card will be debited immediately.
In addition, in case of non-compliance with the terms of payment listed above, the Seller reserves the right to suspend or cancel the order placed by the Customer.
No additional costs, over and above those incurred by the Seller for the use of a means of payment, may be billed to the Customer.
5. SECTION 5 - DELIVERY
Delivery consists of transfer to the Customer of the physical possession or control of the Product (the Delivery).
With the exception of Prohibited Countries, Products ordered by the Customer will be delivered within 2 to 4 days to countries inside the European Union and within 3 to 10 days to countries outside the European Union as of the Order Confirmation to the delivery address indicated by the Customer when ordering on the www.louisgabrielnouchi.com website.
The Seller agrees to make its best efforts to deliver the Products ordered by the Customer within the time periods specified above. These periods are provided for information only.
However, if the Products ordered are not delivered within thirty (30) days of the indicated delivery date, for any reason other than force majeure or the voluntary or involuntary action of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in Articles L.216-2, L.216-3, and L.241-4 of the Consumer Code. The amounts paid will then be returned to the Customer no later than fourteen days following the cancellation date of the contract, excluding any compensation or deductions.
Delivery methods for the products ordered on the www.louisgabrielnouchi.com website are the following:
- By DHL Express;
- By Colissimo to the Customer's home;
- By Colissimo to a pick-up point.
Except in special cases, the Products ordered will be delivered in one single shipment. Special cases requested by the Customer must first be expressly and unequivocally accepted by the Seller. Special shipments may also be due to the unavailability of one or more Products.
6. SECTION 6 - TRANSFER OWNERSHIP - TRANSFER OF RISK
The transfer of ownership of the Seller's Products over to the Customer will only occur after full payment by the latter, regardless of the date of Delivery.
Irrespective of the transfer of ownership date, the transfer of the risk of loss and deterioration of the Products will not occur until the Customer takes physical possession of the Products on the Delivery Date. The Products, therefore, transit at the Seller's risk.
7. SECTION 7 - RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days extended to fifteen (15) days by the Seller from the date of Delivery to exercise his right of withdrawal. The Customer is not required to justify his reasons or pay a penalty in order to exchange for a different size, exchange the Product, or request a refund at his choice. These terms are conditioned upon the Products being returned in their original packaging, having never been worn, being folded in such a way that does not alter the Product, and in perfect condition without stains or tears within fifteen (15) days of the Customer's notification of his withdrawal decision to the Seller.
Returns are to be made in their original condition accompanied by the purchase invoice and complete with their packaging, accessories, and labels, allowing them to be placed back on the market in new condition.
Damaged, soiled, or incomplete Products shall be refused.
In case of a Product exchange, the difference in price may be subject to:
- The payment of an additional price by the Customer, if the price of the initial Product is lower than the exchange Product; or
- The granting of a credit voucher for the benefit of the Customer valid for twelve months from its date of issuance, if the price of the initial Product is higher than the exchange Product.
If an order for several Products is delivered separately, the period runs from the Delivery of the last Product of the order to be delivered.
The right of withdrawal can be exercised online, using the withdrawal form available and completed on the www.louisgabrielnouchi.com website in which case a hard-copy acknowledgement of receipt will be immediately sent to the Customer.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Products purchased and their delivery costs shall be refunded.
The return costs are free of charge exclusively from a country within the European Union, otherwise they are at the Customer's expense.
Customs charges paid by the Customer for Delivery within or outside the European Union shall be borne by the Customer. They will not be reimbursed by the Seller.
The exchange of a size or Product, subject to availability, or a refund shall be made within fourteen (14) days from the date of receipt by the Seller of the returned Product in accordance with the conditions provided for in this Section.
If the right of withdrawal takes the form of a refund, it will be made using the same payment method employed by the Customer for the order in question, unless the Customer expressly requests using another means of repayment.
In the event of an unjustified delay in the refund, the amount will be increased by an interest calculated according to Article L.242-4 of the Consumer Code.
As an exception to the foregoing and in accordance with Article L.221-28 of the Consumer Code, the Customer may not benefit from a right of withdrawal for Products made at his request according to his own specifications or clearly customised.
8. SECTION 8 - SELLER'S LIABILITY - GUARANTEE
Products sold on the www.louisgabrielnouchi.com website comply with the regulations in force in France and are compatible with non-professional usage.
The Products supplied by the Seller are ipso jure entitled without additional payment, irrespective of the right of withdrawal, in accordance with the legal provisions and the terms and conditions set out below:
- to the legal guarantee of conformity: for Products apparently defective, ruined, or damaged, or which do not correspond to the order in accordance with Article L.217-5 of the Consumer Code.
Duly note that within the framework of the legal guarantee of conformity defined according to Articles L.217-4 to L.217-14 of the Consumer Code, the Customer benefits from a delay of two years from the Delivery date of a Defective Product to make a claim against the Seller.
Conformity defects that appear within a period of twenty-four months from the Product Delivery are presumed to have existed at the time of the delivery, unless the Seller can prove otherwise.
The legal guarantee of conformity does not cover defects known to the Customer or for which the latter could not have been unaware at the time of the Order Confirmation. The same applies if the defect originated in the material that the Customer himself provided to the Seller for the manufacture of the defective Product.
Under the legal guarantee of conformity, the Customer may, in accordance with Article L.217-9 of the Consumer Code, choose between the repair or replacement of the defective Product. However, the Seller may not proceed according to the Customer's choice if it entails a cost manifestly disproportionate to the other method, taking into account the value of the defective Product or the extent of the defect.
If the repair or replacement of the defective Product is impossible, the Customer may choose between terminating the Contract resulting in the refund or a reduction in the sale price. The Contract cannot however be terminated if the lack of conformity is minor.
The legal conformity guarantee applies regardless of the commercial guarantee possibly covering the Product.
- to the legal guarantee against hidden defects resulting from a defect in material, design, or manufacture affecting the delivered Products rendering them unfit for the intended use.
The Customer may decide to invoke the guarantee against hidden defects in accordance with Article 1641 of the Civil Code. In this case, he can choose between terminating the Contract resulting in a refund or reduction of the sale price in accordance with Article 1644 of the Civil Code.
Duly note that within the framework of the legal guarantee against hidden defects, the Customer benefits from a period of two years from the discovery of the defect in the delivered Product to make a claim against the Seller.
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity or hidden defects of the Products within the above mentioned deadlines. He must also return the defective Products in the same condition in which they were received with all their accessories, packaging, and instructions, etc.
The Seller shall refund or replace at the Customer's option the Products under guarantee deemed non-compliant or defective.
The shipping costs will be refunded based on the invoiced price and upon presentation of the supporting documents.
Refunds of Products deemed non-compliant or defective will be made as soon as possible and no later than fourteen (14) days following the Seller's recognition of the lack of conformity or hidden defect.
The refund will be credited to the Customer's bank account.
The Seller shall not be held liable in the following cases:
- Failure to comply with the legislation of the country in which the Product was delivered. This falls within the responsibility of the Customer to verify;
- In case of misuse, use for professional purposes, negligence, or lack of care on the part of the Customer, as in the case of normal wear of the Product, or in the event of an accident or force majeure.
In any event, the Seller's guarantee is limited to the replacement or refund at the Customer's choice of the non-compliant or defective Products.
Beyond the withdrawal period detailed in Section 7 and the application of the legal guarantees set out above, Products purchased on the www.louisgabrielnouchi.com website may not be returned, exchanged, or refunded. However, the Customer has the possibility of sending an email to the following address: firstname.lastname@example.org. This message must explain the reasons for his request, to which the Seller reserves the right to provide a favourable response or not.
9. SECTION 9 - DATA PROTECTION ACT
Pursuant to Act 78-17 of 6 January 1978 amended by Act no. 2018-493 of 20 June 2018, please note that the Customer's requested personal data is necessary for the processing of his order and establishing the invoice.
This data may be communicated to the Seller's partners responsible for carrying out, processing, managing, and settling the orders.
The processing of information communicated through the www.louisgabrielnouchi.com website meets the legal requirements for protecting personal data. The information system used ensures optimum protection of this data.
In accordance with the national and European regulations in force, the Customer has a right of permanent access, modification, rectification, opposition, portability, and limitation of the processing of information concerning him.
This right may be exercised under the conditions and according to the terms defined in Section 1 of these General Sales Conditions.
10. SECTION 10 - INTELLECTUAL PROPERTY
The content of the www.louisgabrielnouchi.com website is the property of the Seller and its partners. It is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited. Such action is likely to constitute the crime of counterfeiting.
Furthermore, the Seller retains ownership of all intellectual property rights to the photographs, trademarks, presentations, studies, drawings, models, and prototypes, etc., made, even at the request of the Customer, involved in the provision of the Products to the Customer.
The Customer therefore shall refrain from any reproduction or exploitation of said brands, studies, drawings, models, and prototypes, etc., without the express prior written consent of the Seller, who may condition it to a financial compensation.
11. SECTION 11 - UNPREDICTABILITY
These General Sales Conditions expressly exclude the statutory regime of unpredictability provided for in Article 1195 of the Civil Code for all sales transactions of the Seller's Products to the Customer.
The Seller and the Customer therefore each waive the possibility of availing themselves of the provisions of Article 1195 of the Civil Code and the statutory regime of unpredictability provided for therein. They undertake to assume their obligations even if the contractual balance is upset by circumstances unpredictable at the time of the sale's conclusion. Even if their execution would be excessively onerous, they agree to bear all the economic and financial consequences.
12. SECTION 12 - RIGHT TO PERFORMANCE IN KIND
In the event of a breach by either Party, the defaulting Party shall have the right to request the performance in kind of the obligations arising from the present. In accordance with the provisions of Article 1221 of the Civil Code, the obligation's creditor may pursue his right to performance in kind if a simple formal notice sent to the obligation's debtor by registered letter with acknowledgement of receipt remains unsuccessful, unless this is impossible or there is a clear disproportion between its cost to the debtor, in good faith, and his interest for the creditor.
By express derogation from the provisions of Article 1222 of the Civil Code, in the event of the failure of either Party to fulfil its obligations, the Party who is victim of the default shall not be able to have the obligation performed himself or by a third party at the expense of the defaulting Party.
The Party who is victim of the default may, in the event of the non-performance of any of the obligations incumbent upon the other Party, request the termination of the Contract in accordance with the terms and conditions set out in the Section "Contract Termination".
13. SECTION 13 - CONTRACT REPUDIATION CLAIM
Duly note that in application of Article 1219 of the Civil Code, each Party may refuse to fulfil its obligations, if the other Party does not perform its own obligations and if this non-performance is serious enough to call into question the continuation of the Contract or to fundamentally upset its economic balance. The execution suspension shall take effect immediately upon receipt by the defaulting Party of the default notification sent by the Party victim of the default. This notification indicates the intention to apply the contract repudiation claim as long as the defaulting party has not remedied the breach. This notification must be served by registered letter with acknowledgement of receipt or on any other durable written medium allowing for proof of receipt.
This contract repudiation claim may also be used as a preventive measure, in accordance with the provisions of Article 1220 of the Civil Code, if it is clear that one of the Parties will not fulfil in due time the obligations incumbent upon it and that the consequences of this non-performance are sufficiently serious for the Party who is victim of the default.
This right shall be used at the risk and peril of the Party taking the initiative.
The suspension of performance will take effect immediately upon receipt by the presumed defaulting Party of the notice of intention to enforce the contract repudiation claim until the presumed defaulting Party performs the obligation for which an eventual breach is apparent. This notification will be served by registered letter with acknowledgement of receipt or any other durable written medium allowing for proof of receipt.
14. SECTION 14 - FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations under the Contract, as described herein, arises from a case of force majeure as defined in Article 1218 of the Civil Code.
By express agreement, the following will also be considered instances of force majeure: any external incident, such as war or activities similar to war, government orders, riots, civil disturbances, strikes, lockouts or similar actions, supply problems, perils at sea, or any other cause beyond the control of the Seller relating to the production site or the supply and receipt of the raw material of the Products ordered by the Customer.
The Party signalling the force majeure event shall without delay inform and justify to the other Party its inability to provide its services. The suspension of the obligations cannot in any case be a cause of liability for non-performance of the obligation in question, nor to induce the payment of damages, default interest, or late penalties.
The obligation's performance is suspended for the duration of the force majeure event if it is deemed temporary and not exceeding a period of forty-five (45) days. Accordingly, upon the cessation of the cause of the suspension of their reciprocal obligations, the Parties will make every effort to resume as soon as possible the normal performance of their contractual obligations. To this end, the prevented Party will notify the other Party of the resumption of its obligation by registered letter with acknowledgement of receipt or any extrajudicial document. If the impediment is final or exceeds forty-five days (45) days, the Contract shall be purely and simply terminated according to the terms defined in the Section "Termination due to force majeure".
During this suspension, the Parties agree that the costs incurred by the situation will be borne by the prevented party.
15. SECTION 15 - CONTRACT TERMINATION
15-1 - Termination for the failure to fulfil a sufficiently serious obligation
Notwithstanding the termination clause for a party's failure to fulfil its obligations hereunder, in the event of a sufficiently serious breach of any of the obligations of the other Party under the Contract, the Party suffering the default may notify by registered letter with acknowledgement of receipt sent to the defaulting party the wrongful termination of the Contract, fifteen (15) days after sending a formal notice remains unsuccessful, in accordance with the provisions of Article 1224 of the Civil Code.
15-2 - Termination due to force majeure
Notwithstanding the termination clause for a party's failure to meet its obligations, termination due to force majeure, can only take place fifteen (15) days after sending a formal notice by registered letter with acknowledgement of receipt or any extrajudicial document.
However, such notice must state the intention to apply this clause.
15-3 - Termination due to the failure of a party to meet its obligations
In the event of non-compliance or non-fulfilment by either Party of its obligations under the Contract, it may be resolved at the option of the victim Party.
It is expressly understood that this termination for failure of a party to honour its obligations will take place automatically if fifteen (15) days after the sending of a formal notice to execute, it remains, in all or part, without effect. The formal notice may be notified by registered letter with acknowledgement of receipt or any extrajudicial document.
However, such notice must state the intention to apply this clause.
15-4 - Provisions common to cases of termination
It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of the present Contract will be validly in default by the mere liability of the obligation, in accordance with the provisions of Article 1344 of the Civil Code.
With the exception of the termination due to force majeure explained above, the termination of the Contract may be subject to the award of damages to the injured party.
16. SECTION 16 - APPLICABLE LAW - LANGUAGE
These General Sales Conditions and the transactions arising therefrom are governed by and subject to French law.
These General Sales Conditions are written in French. A translated version in English is available on the www.louisgabrielnouchi.com website by clicking on the English version website.
However, only the French text is legally valid in case of a dispute.
17. SECTION 17 - DISPUTES
All disputes arising from the purchase and sale transactions concluded pursuant to these General Sales Conditions, concerning their validity, interpretation, performance, termination, consequences, follow-up, and which could not be resolved between the Seller and the Customer will be submitted to the competent courts under common law conditions.
The Customer is informed that in the event of a dispute he can in any case resort to conventional mediation, in particular the Commission of Consumer Mediation ( Art. L.612-1 of the Consumer Code) or with the existing sectoral mediation bodies or any alternative method of dispute resolution (conciliation, for example).
In addition, noting that a violation of the general regulations on the protection of personal data were committed, the Customer has the possibility of mandating an association or body mentioned in IV of Article 43 b of the Data Protection Act of 1978, in order to obtain against the data controller or subcontractor, compensation before a civil or administrative court or before the National Commission for Information Technology and Civil Liberties (CNIL).
18. SECTION 18 - PRECONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The fact that the Customer places an order on the www.louisgabrielnouchi.com website implies:
- Full adherence to and acceptance of these General Sales Conditions and an obligation to pay for the Products ordered;
- Recognition of the communication, prior to the placing of an order and the conclusion of the contract, in a legible and understandable manner, of the present General Sales Conditions and all the information listed in Article L.221-5 of the French Consumer Code;
This is expressly acknowledged by the Customer, who waives, in particular, availing himself of any contradictory document not binding on the Seller.
MONONOKE – 123 Rue du Château – 92100 BOULOGNE-BILLANCOURT
Phone: +33(0)1 -41 -10 -03 -10