GENERAL TERMS AND CONDITIONS OF SALE

GENERAL TERMS AND CONDITIONS OF SALE

Applicable to sales to consumers (B2C)

Article 1 – Identification of the seller

The website www.louisecarmen.com is operated by:

SAS 365 DAYS
A simplified joint-stock company with share capital of €6,000
SIREN: 824 214 340
Paris Trade and Companies Register (RCS Paris): 824 214 340
APE (business activity) code: 1512Z

Registered office:
6 Passage du Grand Cerf, 75002 Paris, France

Email: hello@louisecarmen.com

Hereinafter referred to as “the Company”.

Article 2 – Scope

These General Terms and Conditions of Sale (GTCS) govern all sales concluded between the Company and any natural person acting as a consumer, within the meaning of the French Consumer Code, via the website www.louisecarmen.com.

Placing an order implies full and unreserved acceptance of these GTCS.

The Company reserves the right to amend these GTCS at any time.
The applicable GTCS are those in force on the date of the order.

Article 3 – Products

The products offered for sale are refillable leather notebooks, accessories and personalisation elements.

The products are made by hand from natural materials, in particular vegetable-tanned leather.

Consequently:

• variations in shade,
• natural markings,
• slight irregularities,
• the development of a patina over time,

are normal characteristics of the product and cannot be regarded as defects in conformity.

With regard to charms, trinkets and notebook jewellery, certain stones and beads are natural materials or hand-crafted elements. As such, their shape, size or colour may vary from the photographs shown. These variations are inherent to the nature of the materials and to the artisanal character of the pieces, and form an integral part of their uniqueness. They in no way constitute a defect, a manufacturing fault, or grounds for return, exchange or refund.

The photographs and images shown on the site are non-contractual.

Gift cards

The Louise Carmen gift card is valid for the period indicated at the time of issue. It may be used up to its value and within its validity period.

The gift card cannot be returned, exchanged or refunded, in whole or in part. Nor can it be exchanged for cash.

The gift card’s expiry date is final and cannot under any circumstances be extended. Any gift card not used before the end of its validity period will be permanently forfeited.

Digital content

Louise Carmen may offer digital content for sale, in particular online workshops, training courses, programmes, interactive guides or any other content accessible in digital format.

This content is supplied in intangible form and becomes accessible after confirmation of the order, in accordance with the terms specified at the time of purchase.

Owing to its nature, digital content supplied in intangible form cannot be returned, exchanged or refunded once it has been made available to or accessed by the customer, subject to applicable legal provisions.

Any order for digital content is therefore firm and final once access to the content has been granted.

Article 4 – Personalisation and bespoke creation of products

Certain products may be personalised, including in particular:

• engraving,
• choice of cord,
• selection of charms,
• specific combination of elements.

In accordance with Article L221-28 of the French Consumer Code, products made to the consumer’s specifications or clearly personalised are not covered by the right of withdrawal.

Any order including personalisation is firm and final.

Personalisation & bespoke creations

At Louise Carmen, every notebook is conceived as a personal object, shaped according to your choices and your story.

Personalisation is the very essence of our house. It does, however, entail the specific characteristics described below.

Nature of the personalisation

Louise Carmen creations may include in particular:

• personalised engraving,
• choice of leather,
• selection of cord,
• the addition of charms, trinkets or notebook jewellery,
• specific combinations of elements,
• configurations made during an in-store or video appointment.

Each piece is prepared individually according to the choices confirmed by the customer.

Final confirmation of the order

Confirmation of the order entails final acceptance of the chosen configuration.

Once manufacture has begun:

• no modification,
• no cancellation,
• no change of personalisation

can be made.

The customer is responsible for checking the elements selected before confirming the order.

Artisanal character of the creations

Louise Carmen notebooks are made from natural materials using artisanal craftsmanship.

Consequently, the following may appear:

• variations in shade,
• natural markings in the leather,
• slight irregularities,
• development of a patina over time,
• differences in appearance between two pieces.

These characteristics form an integral part of the creation and do not constitute defects.

With regard to charms, trinkets and notebook jewellery, certain stones and beads are natural materials or hand-crafted elements. As such, their shape, size or colour may vary slightly from the photographs shown. These variations are inherent to the nature of the materials and to the artisanal character of the pieces, and form an integral part of their uniqueness. They in no way constitute a defect, a manufacturing fault, or grounds for return, exchange or refund.

The photographs and images shown on the site are non-contractual.

Aesthetic acceptance

The images shown on the site, on social media or in any editorial material illustrate examples of finished pieces.

They may include:

• specific personalisations,
• special orders,
• bespoke creations.

The final result may therefore display normal variations relating to:

• artisanal workmanship,
• natural materials,
• differences in screen display,
• the aesthetic interpretation inherent in hand manufacture.

These variations cannot justify an exchange, a refund or a cancellation.

Personalised products and the right of withdrawal

In accordance with Article L221-28 of the French Consumer Code, products made to the customer’s specifications or clearly personalised are not covered by the right of withdrawal.

Personalised creations therefore cannot be returned, exchanged or refunded except in the case of a proven manufacturing defect.

Definition of a proven manufacturing defect

Personalised creations therefore cannot be returned, exchanged or refunded except in the case of a proven manufacturing defect.

The following alone are considered proven manufacturing defects:

• an error of personalisation attributable to Louise Carmen relative to the confirmed order (incorrect engraved text, wrong option selected by the workshop);
• a structural defect rendering the product unfit for its normal use from the moment of receipt;
• a technical failure of the product resulting directly from the manufacturing process.

The following, in particular, do not constitute manufacturing defects:

• natural variations in the leather or in the materials used;
• the patina or normal development of the product over time;
• differences in shade, texture or appearance arising from its artisanal character;
• a subjective aesthetic judgement;
• an input or confirmation error made by the customer when ordering;
• normal wear and tear;
• damage resulting from use, transport, impact, or exposure to water, sunlight, heat, humidity or any external substance;
• marks or alterations appearing after delivery.

Whether a defect is proven is determined following analysis by Louise Carmen on the basis of the information provided by the customer and, where applicable, after return of the product for examination.

Bespoke creations

Certain orders may fall within a bespoke project, including in particular:

• made-to-measure creations,
• specific artistic projects,
• special off-catalogue requests,
• corporate or event orders.

These projects are subject to preliminary discussions and specific conditions agreed with the customer.

Manufacturing and delivery times are then indicative and may vary depending on:

• the complexity of the project,
• the approvals required,
• material sourcing,
• production volume.

Once production has begun, bespoke orders cannot be cancelled.

Manufacturing times

Personalisation involves specific preparation time.

The timeframes indicated on the site or communicated during discussions are given as estimates and may change depending on:

• workshop activity,
• the nature of the personalisation,
• periods of high demand.

These adjustments do not constitute a breach of contract.

Care and natural development

As the leather used is a living, natural material, each notebook develops over time.

The patina, marks of use and variations in appearance contribute to the unique identity of each piece.

Customer service

For any question relating to personalisation or a bespoke project, our team is available at bespoke@louisecarmen.com, Monday to Wednesday.

Article 5 – Orders

An order is deemed confirmed after:

• selection of the products,
• confirmation of the basket,
• acceptance of these General Terms and Conditions of Sale,
• validation of payment.

A confirmation email is sent to the customer once the order has been confirmed.

However, confirmation of the order does not constitute final and irrevocable acceptance by the Company.

The Company reserves the right to refuse, suspend or cancel any order, including after confirmation and payment, in particular in the following cases:

• a previous dispute with the customer;
• suspected fraud or attempted fraud;
• inconsistency or anomaly in the information provided;
• an identified risk relating to the delivery address or the conditions for receiving the parcel;
• improper use of the delivery service;
• failure to comply with these GTCS.

In such cases, the Company may carry out additional checks or an internal investigation, or an investigation with the carrier.

Where the Company decides to cancel before dispatch, the order will be refunded in full.

The Company cannot be held liable for the consequences of an order cancellation based on fraud protection, transaction security or the prevention of logistical risks.

Article 6 – Prices

Prices are stated in euros inclusive of all taxes.

For information purposes, prices may also be displayed in other currencies, in particular:

• US dollars (USD),
• pounds sterling (GBP),
• Canadian dollars (CAD),

depending on the customer’s location or browsing settings.

These conversions are provided for guidance only.

The contractual currency of payment remains the euro (€).
The final amount of the order is the amount displayed and confirmed in euros at the time of payment.

Any currency conversion carried out by the customer’s bank or by the payment provider may give rise to variations relating to exchange rates or to bank charges beyond Louise Carmen’s control.

Louise Carmen cannot be held liable for discrepancies resulting from such conversion operations.

Applicable delivery charges are specified before final confirmation of the order.

For orders shipped outside the European Union, applicable customs duties, import duties and local taxes may be estimated and collected at the time of ordering by Louise Carmen, via a provider specialising in the management of international tax obligations.

These amounts are calculated on the basis of the customs and tax regulations known at the time of the order.

However, as customs and tax legislation may change without notice depending on the destination country, additional duties, taxes or administrative fees may exceptionally be required by local authorities or the carrier on importation.

Any such additional charges, which are beyond Louise Carmen’s control, remain the exclusive responsibility of the customer.

Louise Carmen cannot be held liable for:

• regulatory changes occurring after the order,
• decisions taken by local customs authorities,
• or additional charges imposed by the destination country.

Article 7 – Payment

Payment is due immediately upon ordering.

Payments are made via the secure solutions offered on the Shopify platform.

The Company never has access to the customer’s bank details.

Article 8 – Delivery

Products are delivered to the delivery address provided by the customer when confirming the order.

The customer is solely responsible for the accuracy and completeness of the delivery information provided.

Any error, omission or late request to change the address after confirmation of the order cannot give rise to liability on the part of the Company.

Delivery times are given for guidance only.
They include a preparation period as well as the carrier’s transit time, and may vary depending in particular on:

• the destination country,
• customs formalities,
• periods of high activity,
• or circumstances beyond the Company’s control.

The Company cannot be held liable for delays attributable to carriers, customs authorities, an event of force majeure, or any circumstance outside its control.

Risk transfers at the moment the parcel is handed over to the carrier.

Delivery is deemed to have taken place once the parcel is marked as delivered by the carrier according to the tracking information, including in particular:

• confirmation of handover,
• the recipient’s signature,
• photographic proof of drop-off,
• or any equivalent validation.

A delivery confirmation email is sent to the customer at the address provided when ordering.

It is the customer’s responsibility to follow the progress of their parcel using the tracking information provided and to take any steps necessary to ensure it is properly received.

Louise Carmen cannot be held liable if the customer does not check tracking or delivery confirmation emails.

Delivery in the recipient’s absence

Where delivery takes place in the recipient’s absence, in particular by leaving the parcel in a letterbox, handing it to an authorised third party (building caretaker, concierge, neighbour), at a pick-up point or by any other delivery method authorised by the carrier or chosen by the customer, delivery is deemed to have taken place.

It is the customer’s responsibility to collect their parcel as soon as possible and to check its condition immediately.

Louise Carmen cannot be held liable for damage or loss occurring after delivery, in particular where the parcel has been left in an accessible or unsecured location.

Parcels made available but not collected

If the recipient is absent at the time of delivery, the parcel may be made available at a pick-up point, post office or any other collection location designated by the carrier.

The customer is notified of this by the carrier, in particular by email, SMS or via delivery tracking.

It is the customer’s responsibility to collect their parcel within the time allowed by the carrier.

If the parcel is not collected within the stated time, it will be returned to Louise Carmen.

In this case:

• the order cannot be refunded;
• redelivery costs remain payable in full by the customer;
• the original delivery charges will not be refunded.

Louise Carmen cannot be held liable for the customer’s failure to collect the parcel, nor for the consequences of exceeding the collection deadline.

Checking the parcel and reservations

The customer must check the condition of the parcel on receipt.

Any apparent anomaly (damaged or opened parcel, missing or damaged product) must be reported immediately to the carrier and notified to customer service as soon as possible.

In the absence of reservations expressed at the time of delivery, the products will be presumed to conform and to have been delivered in good condition.

Reporting damaged parcels

Any claim relating to a parcel that is damaged, incomplete or displaying an apparent anomaly must be sent to customer service within a maximum of 48 hours following the delivery recorded by the carrier.

The request must be accompanied by:

• photographs of the outer parcel,
• the inner packaging,
• and the product(s) concerned.

In the absence of a report within this period, or where insufficient supporting evidence is provided, the products will be deemed to have been delivered in conformity.

This procedure is necessary in order to allow a case to be opened with the carrier and the insurers within the applicable contractual deadlines.

Delivery disputes and carrier investigations

In the event of a delivery dispute or a report of loss or theft after delivery, the customer must file a complaint with the competent authorities and send a copy of that complaint to the Company.

An investigation with the carrier can only be opened once this document has been received.

No refund or replacement can be considered before the carrier’s investigation has been officially closed.

Article 9 – Right of withdrawal and exchanges

9.1 Right of withdrawal for consumer customers located in the European Union

Consumer customers located in the European Union have a right of withdrawal in accordance with applicable European and French regulations.

For non-personalised products, the customer has a period of fourteen (14) calendar days from receipt of their order to exercise their right of withdrawal, without having to give reasons for their decision or bear any costs other than those provided for by applicable regulations.

This right applies to the non-personalised products offered for sale, in particular refills, portfolios, diaries, mini pens and accessories that have not been personalised in any way.

Products made to your specifications or clearly personalised are not covered by the right of withdrawal, in accordance with Article L221-28 of the French Consumer Code.

This includes in particular products featuring an engraving, a cord chosen by you, charms or trinkets selected by you, or any other configuration made according to your specific choices.

The customer may exercise their right of withdrawal via the dedicated online mechanism available on the site, in particular from their customer account, or by contacting customer service.

As soon as a withdrawal request is submitted online, an acknowledgement of receipt is sent to the customer by email.

Products must be returned complete, in a condition allowing them to be resold and, where possible, in their original packaging. Where the product has depreciated in value as a result of handling other than what is necessary to establish its nature, characteristics and proper functioning, Louise Carmen may apply a deduction to the refund amount, in accordance with applicable regulations.

Return costs are covered by Louise Carmen for consumer customers located in the European Union who exercise their right of withdrawal within the statutory period of fourteen (14) days, unless otherwise provided in the Returns and Refunds Policy or in the event of an error by Louise Carmen or a defective product.

The refund is issued within fourteen (14) days of receipt of the withdrawal notification. Louise Carmen may, however, withhold this refund until it has received the returned product or until the customer has provided proof of dispatch of the product, whichever occurs first.

The refund covers all sums paid by the customer in respect of the order, including the initial delivery charges corresponding to the least expensive standard delivery method offered by Louise Carmen. Any additional costs arising from the choice of a more expensive delivery method are not refunded.

9.2 Customers located outside the European Union

For customers located outside the European Union, the arrangements for returns, refunds and withdrawal may vary according to applicable local legislation.

Save where mandatory provisions of applicable law provide otherwise, returns, refunds and exchanges are governed by Louise Carmen’s Returns and Refunds Policy.

Any return shipping costs, customs duties, taxes and clearance fees relating to a return from a country outside the European Union remain payable by the customer, except in the event of an error by Louise Carmen or a defective product.

9.3 Exchanges

Exchanges are possible only for non-personalised items, subject to stock availability.

Exchanges are limited to one (1) request per order.

Personalised or made-to-order products cannot be exchanged or refunded as a commercial return. This restriction does not apply in the event of a lack of conformity or a hidden defect.

Article 10 – Legal guarantees

The consumer benefits from:

• the legal guarantee of conformity provided for in Articles L217-3 et seq. of the French Consumer Code;
• the guarantee against hidden defects provided for in Articles 1641 et seq. of the French Civil Code.

Any claim must be sent to: hello@louisecarmen.com.

Article 11 – Liability

The Company’s liability is strictly limited to direct and foreseeable damage resulting from performance of the contract.

The Company cannot be held liable for damage resulting in particular from:

• misuse of the product;
• use not in accordance with its intended purpose;
• lack of care and maintenance;
• inappropriate handling;
• exposure to unsuitable environmental conditions (humidity, heat, sunlight, water, chemicals, colouring or abrasive substances);
• normal wear and tear arising from use of the product;
• the natural patina of the leather or the development of the materials over time.

As Louise Carmen products are manufactured from natural materials using artisanal methods, variations in appearance, texture, shade or in the development of the leather are normal characteristics of the product and cannot be regarded as defects.

The Company cannot be held liable for deterioration, loss or alteration of the product resulting in particular from:

• a domestic accident;
• the intervention of a third party;
• contact with animals;
• a fall, crushing or unsuitable storage;
• stains, scratches or marks appearing after delivery;
• loss or theft of the product.

The Company cannot be held liable for the customer’s personal use of the product after delivery.

In any event, the Company cannot incur liability in the event of force majeure within the meaning of Article 1218 of the French Civil Code.

Article 12 – Corporate orders

Corporate orders may require:

• dedicated production,
• specific personalisation,
• a particular manufacturing schedule.

They may be subject to separate contractual conditions communicated when the project is confirmed.

Louise Carmen supports companies, institutions and organisations in creating personalised notebooks and bespoke experiences intended in particular for:

• corporate gifts,
• professional events,
• loyalty programmes,
• special collaborations,
• personalisation workshops,
• brand experiences.

Every corporate project receives dedicated support.

Nature of corporate orders

Corporate orders may include:

• specific personalisation,
• personalised engraving,
• a particular selection of models,
• dedicated production,
• bespoke creation,
• personalisation workshops,
• events held at the customer’s premises or at Louise Carmen’s.

These projects may differ from the standard terms of sale applicable on the site.

Project confirmation

Any corporate order is confirmed following:

• written confirmation of the project,
• approval of the personalisation elements,
• acceptance of the quotation or commercial proposal.

Any written approval, including by email, constitutes a contractual commitment on the part of the corporate customer.

Authorised representative of the customer

The person approving the project on behalf of the corporate customer declares that they hold the necessary authority to bind the company.

Any change of contact person, internal reorganisation or change of manager occurring after approval cannot call into question the order or its terms.

Payment terms

Payment for corporate orders is due upon ordering.

Production or the organisation of the event begins only once full payment has been received, unless specifically agreed otherwise in writing.

Production commitment

Approval of the quotation and payment constitute a firm and final commitment by the corporate customer.

From the start of production:

• the quantities ordered are definitively committed;
• no cancellation or refund can be made.

As personalised products are manufactured specifically for the customer, they cannot be resold by Louise Carmen.

Prohibition on resale

Louise Carmen products made as part of a corporate order are intended exclusively for the corporate customer’s internal, relationship or event use.

Unless Louise Carmen has given prior written authorisation, resale, commercial distribution, direct or indirect offering for sale, or any use of the products for commercial purposes is strictly prohibited.

Corporate orders confer no right of distribution, commercial representation or resale of the Louise Carmen brand.

Any use to the contrary may result in the suspension of all future collaboration and may engage the corporate customer’s liability.

Final project approval

Before production, a project summary may be sent to the customer.

Written approval of this summary constitutes final approval.

No objection relating to the aesthetic choices or personalisations approved can be accepted after this stage.

A reasonable tolerance may exist between prototypes, visuals and final production owing to the artisanal character of the creations.

Manufacturing and dispatch times

Timeframes are communicated for guidance only and may vary depending on:

• the complexity of the project,
• the volume ordered,
• material sourcing,
• periods of high activity.

These timeframes do not constitute a firm commitment unless stated otherwise in writing.

Personalisation workshops and corporate events

As part of its corporate services, Louise Carmen may organise:

• personalisation workshops at the customer’s premises;
• workshops held at third-party venues (events, hotels, trade fairs, pop-ups, seminars, launches, etc.);
• the hosting of professional events within Louise Carmen’s own spaces.

These services involve mobilising teams, equipment and products, as well as specific logistical arrangements.

Organisation and lead contact

The corporate customer designates a single contact person authorised to:

• approve the organisation of the service;
• coordinate access to the venue;
• provide logistical information;
• ensure the event is properly prepared.

Any change of contact person must be communicated in writing.
Decisions previously approved remain binding on the customer.

Observance of schedules and mobilisation of teams

The times for setting up, running and dismantling the workshop are agreed in advance between the parties.

The customer undertakes to guarantee:

• access to the venue at the agreed times;
• the availability of the necessary spaces;
• conditions allowing the service to proceed properly.

Any delay, late change or inability to access the venue cannot give rise to liability on the part of Louise Carmen.

Where Louise Carmen teams have been mobilised, the service is deemed due, even in the event of:

• participants arriving late,
• a change to the programme by the customer,
• a reduction in workshop time,
• partial cancellation of the event.

Protection of Louise Carmen teams

The customer undertakes to provide Louise Carmen teams with working conditions that comply with safety rules and professional respect.

Louise Carmen reserves the right to interrupt or suspend the service immediately in the event of:

• working conditions deemed unsuitable or dangerous;
• inappropriate behaviour towards its staff;
• an environment that does not allow the activity to be carried out normally.

In such cases, the service will remain payable in full.

Material conditions and responsibility for the venue

The customer remains responsible for:

• the venue’s hosting arrangements,
• the general safety of participants,
• the authorisations necessary to hold the event.

Louise Carmen cannot be held liable for:

• damage caused by third parties,
• losses or thefts occurring during the event,
• incidents relating to the general organisation by the customer or by the host venue.

Hosting events and workshops in Louise Carmen spaces

Where the event or workshop takes place within Louise Carmen’s spaces, the customer undertakes to respect the premises, the equipment, the products and the image of the House.

Prohibition on bringing in food and drink

In order to preserve working conditions, the safety of persons and the integrity of the leather products and equipment, it is strictly prohibited to bring onto the premises:

• drinks,
• food,
• alcoholic beverages,
• or any product liable to damage surfaces, products or equipment.

Any exception must be the subject of prior written agreement from Louise Carmen.

Louise Carmen reserves the right to refuse access or to interrupt the service immediately in the event of non-compliance with these rules, without this giving rise to any right to a refund or compensation.

Any damage identified may give rise to additional invoicing corresponding to the cost of restoration or replacement.

Observance of schedules and mobilisation of teams (events)

The times for setting up, running and ending the event are agreed contractually in advance.

The customer acknowledges that the service involves mobilising Louise Carmen teams in advance, as well as the logistical and operational arrangements necessary to host the event.

Consequently:

• strict observance of the agreed times is mandatory;
• any overrun must be the subject of prior agreement from Louise Carmen;
• any extension may give rise to additional invoicing.

In the event of:

• participants arriving late,
• a change to the programme,
• a reduction in actual workshop time,
• or the customer’s internal organisation,

the service remains payable in full.

Louise Carmen reserves the right to end the service at the originally scheduled time in order to ensure its teams’ working conditions are respected.

Protection of Louise Carmen teams (events)

The customer undertakes to guarantee Louise Carmen staff respectful hosting conditions that comply with safety rules.

Louise Carmen reserves the right to interrupt the service immediately in the event of:

• inappropriate behaviour towards its staff,
• conditions deemed incompatible with the safety or dignity of personnel,
• or a situation liable to engage the Company’s liability.

In such cases, the service will remain payable in full.

Changes and cancellations

Any substantial change (date, venue, volume, participants, timings) must be approved in writing by Louise Carmen.

A late cancellation or a change made after the teams have been mobilised may result in the service being invoiced in full or in part.

Article 13 – Intellectual property

All elements of the site, including in particular texts, images, photographs, design, logos, trademarks, engravings and creations, are protected by intellectual property law.

Any reproduction or use without prior written authorisation is prohibited.

Article 14 – Personal data

Personal data is processed in accordance with the Privacy Policy available on the site.

The customer has the right to access, rectify and delete their data.

Article 15 – Consumer mediation

In accordance with Articles L.611-1 et seq. of the French Consumer Code, consumers may use a consumer mediator free of charge with a view to the amicable resolution of a dispute.

After a prior written approach to the Company has failed to produce a satisfactory response, the consumer may refer the matter to:

CM2C – Centre de la Médiation de la Consommation de Conciliateurs de Justice
49 rue de Ponthieu
75008 Paris — France

Website: https://www.cm2c.net
Email: cm2c@cm2c.net

Consumers may also use the European online dispute resolution platform:
https://ec.europa.eu/consumers/odr/

Article 16 – Governing law and jurisdiction

These General Terms and Conditions of Sale are governed by French law.

In the event of a complaint, the customer is invited to contact the Company first in order to seek an amicable solution.

Failing an amicable agreement, the French courts will have jurisdiction under ordinary rules of law.

Where the dispute is between the Company and a professional or trader acting in the course of their business, express jurisdiction is granted to the Paris Commercial Court, notwithstanding multiple defendants or third-party claims.