GENERAL TERMS OF SALE

Note:
Stores www.legavenue-france.com are open to all professionals in the lingerie sector : Stores, retailers, internet stores, door-to-door sales, mail-order sales, etc…
It is preliminarily stated that these terms only concern sales by Starnet France of items described on its internet site www.legavenue-france.com. These terms apply to the exclusion of all other terms.


ARTICLE 1 - PRICE
1.1 – The prices of our products are stated in Euros and are without tax (the amount including tax is indicated in the shopping basket for French customers and customers in the Euro zone who have not provided their Intra-Community VAT no.), and do not include shipping and handling charges.
1.2 – All orders are payable in Euros regardless of their place of origin.
1.3 – Starnet France reserves the right to change its prices at any time but products will be invoiced pursuant to the prices in effect at the time the order was made.
1.4 – Reservation of title : Products shall remain the property of Starnet France until such time that payment has been completely collected.


ARTICLE 2 - ORDER AND CONFIRMATION
On the Internet : www.legavenue-france.com
There is a photograph of all products. A zoom function, which allows a more detailed view of the product, is available.
The contractual information is provided in French and will be confirmed by the receipt of the order.
Starnet France reserves the right to reject any order of a client with which there is a dispute regarding payment for a previous order.
An order on this internet site constitutes acceptance by the customer of these General Terms. These provisions, which are posted on the site’s homepage via a hyper-text link, may be consulted at any time.
On www.legavenue-france.com, the procedure for placing an order consisting of multiple items allows the customer the possibility of modifying his order before the total sum is finalized and charged.
When you click the box marked "Place your order" at the end of the ordering process, you thereby declare your commitment to the same as well as your full and unqualified acceptance of the applicability of these instant General Terms of Sale.
The data recorded by Starnet France constitutes evidence of all of the transactions between Starnet France and its customers.
An order number is assigned to the customer at the time that the order is placed on line.
The order is final once it is placed on line.
An accepted order may only be cancelled by Starnet France :
1) When in place of a confirmation, a confirmation of receipt is sent to the customer by fax or mail (regular or e-mail) which states that the product or service ordered is not currently (or any longer) available.
2) In the event that an invoice remains unpaid despite a request for payment, or in the event that products have been reclaimed pursuant to a reservation of title.
3) by the Customer :
- When the confirmation of receipt from Starnet France proposes a modification of the original order by substituting other products and/or services.
In such a case the Customer shall have a period of 48 hours in which to expressly accept the substitution ; failing which the new offer shall be terminated and the order cancelled.
· In the event that a request for delivery or other execution remains unfulfilled for more than 30 days
4) In the event of withdrawal within the period allowed by law. A purchase order including VAT (France only) is automatically generated at the time the order is placed.
The Customer may print it. A final invoice will be sent to him by mail with the delivery of the products.


ARTICLE 3 - AVAILABILITY
The delivery times of our products vary among our suppliers and are indicated on our internet site. Because our inventory is generated in real time, you can easily determine which products are in stock or available to order.
Errors or extraordinary changes are involuntary and can not result in our liability. In the event of the unavailability of a product marked as being in-stock subsequent to the transmittal of your order we will inform you by mail or e-mail as soon as possible.


ARTICLE 4 - DELIVERY
4.1 General Provisions
Products will be delivered to the delivery address which you indicated during the ordering process. The time periods indicated are averages and include the time needed for shipping and handling. If there are items that are deliverable on different dates because of differences in their availability, the delivery time is based on the longest applicable time. In any event, available products are generally sent immediately. Other products will be delivered when they are received.
Starnet France is not responsible for the consequences of a delay of delivery.
4.2 – Delivery Problems
You must check the delivered merchandise at the time of delivery and before signing the invoice you must make thereupon, along with your signature, a notation of all problems regarding the delivery (problems, damage). You must also inform the transporter of the products subject to such a reservation no later than two working days after their receipt and send a copy of this notice to :
Starnet France - 298, ch Jouglas 83140 Six Fours - France.
If the products must be sent back to us, this must be done within two working days of delivery. Any claim made after this time period can not be accepted.
Returns can only be accepted for products in their original condition and in their original packaging.
4.3 – Conformity or quality
We promise to reimburse you or to exchange products that do not correspond to your order (defective or non-conforming). You must make your claim by any means (mail, fax, registered mail with proof of receipt) on the day of delivery or at the latest within two working days following delivery for any articles that do not conform to your order (delivery error, non-conformity of products). Claims are to be addressed to :
Starnet France - 298, ch Jouglas 83140 Six Fours - France.
In your claim you must provide your address, your invoice number, references to the product described on the invoice and the basis of your claim.
Any claim made after this time period can not be accepted.
Starnet France will proceed with the exchange or reimbursement for the product(s).
The return of products due to product error can only be accepted for complete products, in their original condition and original packaging with a copy of the purchase order.


ARTICLE 5 - PAYMENT
Several payment methods are provided on-line for purchases made on www.legavenue-france.com. Payment for any product may be made :
. By bank wire or "swift" transfer to our bank account described as follows :
Code Bank : 15607
Department Code : 00071
Account No. : 69021150030
RIB Code : 97
IBAN : FR76 1560 7000 7169 0211 5003 097
SWIFT address : CCBPFRPPNCE
Starnet France - 298 ch Jouglas - 83140 - Six Fours - France.

. By C.O.D. (15 Euros surcharge)
. By secured credit card on-line.
. By credit card by Phone or Fax.
· By money order or cashier’s check sent on the order date, made payable to the order of Starnet France and sent to the address provided on the on-line purchase order.

Starnet France reserves the right to prohibit or limit the methods of payment as a result of previous customer behavior or for any new account.


ARTICLE 6 - RETURN/
6.1 – By law you have a period of 48 hours starting from receipt in which to return article(s) involving a manufacturing defect.
We shall not accept the return of article(s) for reasons other than the stated defect.
Returns shall be sent to Starnet France - 298, ch Jouglas 83140 Six Fours - France.
This right to return can only be exercised with respect to complete products, in their original condition and in their original packaging with a copy of the purchase order.
Articles that are returned incomplete, spoiled, damaged, dirty or outside of their original packaging will not be accepted.
6.2 – We promise to reimburse you within a period that is less than or equal to 15 days following the receipt of the products into our custody. Reimbursement shall be made, at the election of Starnet France, in the form of a credit to your bank account or by a cashier’s check addressed to the name of the client who placed the order and to the billing address.
6.3 No shipment made C.O.D. will be accepted for any reason.


ARTICLE 7 - CUSTOMER SERVICE
Our Customer service center is available for further information or to answer any questions you may have.
Starnet France - 298, ch Jouglas 83140 Six Fours - France Phone: : 00 33 (4) 94 98 03 77 Fax: 00 33 (4) 94 98 03 75


ARTICLE 8 - INTELLECTUAL PROPERTY
- All text, comments and images reproduced on the site www.legavenue-france.com are protected by copyright law as well as by the law of intellectual property throughout the world. In conformity with the Code of Intellectual Property, permission is given only for private use under the various terms, including the more restrictive ones, of the code of intellectual property. Any other use constitutes infringement and is prohibited by Intellectual Property law unless prior consent has been provided by Starnet France.
Any total or partial reproduction of Starnet France’s catalogue is strictly prohibited.


ARTICLE 9 - LIABILITY
Products offered for sale conform to current French law and to the conditions existing in France. Photographs, words and informational or descriptive graphics that are reproduced to illustrate the products presented are not contractual in nature. Starnet France shall accordingly not be liable for any errors or omissions in any of these photographs, words or informational or descriptive graphics for these products or in the event of any modification of the characteristics of these products by the suppliers.
Please be aware that you may contact our customer service center with any question regarding our products at : Phone : 00 33 (4) 94 98 03 77 Fax: 00 33 (4) 94 98 03 75
Starnet France shall not be liable for the nonperformance of a completed contract in the event of interruption of stock or product unavailability, foce majeure, total or partial labor disruption or strike, particularly with respect to postal services and means of transportation and/or communications, flooding or fire.
Starnet France shall not be liable for consequential damages resulting from the current agreement, including loss of use, loss of profit, loss of opportunity, and damages or costs which would not have occurred had the products been purchased. The total or partial impossibility of using the products, particularly as a result of the unsuitability of the products, shall not result in any compensation or reimbursement or liability of Starnet France.


ARTICLE 10 - WARRANTY – MODIFICATION
All of our products are guaranteed to be free of manufacturing defects. Defective products must absolutely be returned at customer expense so that they may be examined in order to assess the validity of the claim. In order to enjoy the protection of the warranty of the products the customer must keep the purchase order for the product.


ARTICLE 11 - GOVERNING LAW - DISPUTES
This contract is governed by French law. The language of this contract is the French language. In the event of a dispute, the Court of Toulon shall be competent, to the exclusion of all other jurisdictions, to adjudicate any disagreement that may result from our contracts and/or their aftermath, even in cases involving claims for third-party contribution or a multitude of defendants.

ARTICLE 12 – MARKETING POLICY
The retailing of Leg Avenue articles is subject to certain marketing rules within the European territory. Any Company or person retailing this brand undertakes to obey these rules strictly, under penalty of breach of the undertaking without notice by Starnet France.
Anyone infringing these rules also runs the risk of prosecution in the relevant courts.

It is forbidden to market Leg Avenue products via the following distribution channels:
- any auction websites of any kind,
- at street markets of any kind.
Starnet France also at all times reserves the right, following analysis of the means used by a customer for marketing, to allow or to refuse the retailing of Leg Avenue articles by that customer.

In any event, Starnet France will apply the measures it judges most appropriate to preserve the professional code of conduct, good name, and development of the Leg Avenue brand and its products.

ARTICLE 13 – EXCLUSIVITY OF DISTRIBUTION, IMPORTATION, and BRAND LICENCE
Starnet France is the holder of exclusivity contracts for distribution and importation of the Leg Avenue brand covering France, Spain, and Portugal, under which it is mentioned by name in the brand’s printed and website catalogues.
In order to ensure its customers are informed of this fact, Starnet France clearly points out these exclusivities in all its communication media (www.legavenue-france website, e-mail).
Every Leg Avenue brand retailer is therefore fully aware of these exclusivities, and thereby accepts the consequences thereof.
By this token, retailers based in France, Spain, or Portugal acknowledge that they may not obtain Leg Avenue articles other than through Starnet France, to the exclusion of any other company or individual, in whatever country they are based or operating.
Anyone in breach of this agreement runs the risk of prosecution in the relevant courts.
Furthermore, these exclusivities apply equally to any distributors who might seek to supplier retailers based in France, Spain, or Portugal.
Starnet France is also the holder of an exclusive Licence for the use of the Leg Avenue brand for France, Spain, and Portugal.
As a result, Starnet France reserves the right to control, authorize, or prohibit the use of the brand (name, images, logos) within the named territories, and this, at any time, without any restriction, and with regard to whomever.
Starnet France has a legal department tasked with monitoring the sound and strict application of these contracts.

ARTICLE 14 – RIGHT OF USE FOR LEG AVENUE IMAGES, LOGOS, VISUALS AND OTHER PUBLICITY MATERIAL
With effect from the moment when a customer account has been validated and purchases associated with this account are effectively performed through the www.legavenue-france.com website, Starnet (which holds the exclusive Leg Avenue intellectual property rights for France, Spain, and Portugal) grants to the account holder a right of use for the Leg Avenue images, logos, visuals, and other publicity material, under the following conditions:
- This publicity material must be exclusively downloaded in ZIP format from the www.legavenue-france.com website, in the section ‘Tools’ in the private space. Under no circumstances must the presentation images displayed on any website (in particular, the site of STARNET in France or of Leg Avenue in the United States) be used.
- It is essential that such publicity material must always be associated with the visible text ‘Leg Avenue’, even though certain of the graphic elements may not carry any text when downloaded.
- It is forbidden under any circumstances to associate any text other than ‘Leg Avenue’ with these images, under penalty of prosecution.
- This right of use is valid only for Leg Avenue products purchased through www.legavenue-france.com, owned by Starnet. It lapses for each of the articles concerned with effect from the last sale of said article.
- This right of use is valid for websites other than auction sites – e.g. it is forbidden to use the Leg Avenue images and logos on sites like eBay.

ARTICLE 15 - PRIVACY INFORMATION
Starnet France promises not to divulge to third parties information that you provide to us. This is confidential. It will only be used by our internal personnel for the handling of your order, particularly for the Newsletters to which you have subscribed. Our adherence to the National Commission on Data Privacy, with the receipt of Declaration No. 1109741 and 1109744 guarantees confidential treatment of this information.

Our site was also designed to cater to the needs of our clients.
It is for that reason that we, among other things, make use of cookies. A cookie enables us to know about your visit to our site. Cookies are only used by Starnet France in order to improve the personalized service which we provide to you.
This article shall not prohibit the sale or transfer of activities to a third party.
As a result, in accordance with the law on data privacy, No. 78-17 of January 6, 1978, you have the right to have access to, correct and contest personal data which concerns you.
To do so you may make a request on-line or by mail which states your first and last names, address and if possible your customer reference :
Starnet France - 298, ch Jouglas 83140 Six Fours - France
Phone : 00 33 (4) 94 98 03 77 Fax: 00 33 (4) 94 98 03 75
Email : marketing@starnet-france.net

© Starnet France 2006