Effective 2019, March 5th

ARTICLE 1 – SPHERE OF APPLICATION: Any transaction and use of the Services provided by the Company SAS L’INSANE GROUP (hereinafter “L’INSANE GROUP” or “L’INSANE”), French Company “SAS” registered at the Registry of Trade and Companies (RCS) under the number 838 184 778, whose head office is at 7-9, rue des Arquebusiers, 75003 PARIS (FRANCE), towards any “CLIENT”, any “AUTHOR” and any “PARTNER” of L’INSANE GROUP implies the unconditional acceptance nor the limitation of our general  Terms and Conditions of Sale (thereafter “TERMS AND CONDITIONS”).

L’INSANE GROUP provides its SERVICES and sells its PRODUCTS, either at the “CONCEPT STORE”, located at 7-9, rue des Arquebusiers, 75003 PARIS (FRANCE), either on the website www.l-insane.com

The TERMS AND CONDITIONS include terms and conditions regarding orders, shipping of products, administration of the transactions and eventually rules about cancellation and return.

The TERMS AND CONDITIONS include also specific terms and conditions regarding the “CONCEPT STORE” and “THE BLOG”.

The CLIENT is aware of his/her rights and fully accepts the following TERMS AND CONDITIONS.

The CLIENT willingly waives any rights to other terms and conditions, that would contradict the present TERMS AND CONDITIONS.

The TERMS and CONDITIONS are constantly updated and published on the website www.l-insane.com

The Trademark is a legally registered Trademark at the Office of INPI since the January, 6th of 2018 under the classes 14, 16, 18, 20, 25, 35 and 38.

In the absence of any evidence of the contrary, all the transactions are concluded in respect of the data registered in the informatic systems of the Company L’INSANE GROUP in conformity with the CONFIDENTIALITY POLICY.

The CLIENT declares that he/she has the legal capacity to contract and buy PRODUCTS from L’INSANE GROUP. Failing that, the CLIENT or his/her legal representative engage their personal responsibility.

The present TERMS AND CONDITIONS are the legal intellectual property of L’INSANE GROUP.

ARTICLE 2. YOUR CLIENT ACCOUNT / USE OF THE SERVICES

2.1 Who can use the SERVICES of L’INSANE GROUP

You must be at least 18 to use the Services of the Company L’INSANE GROUP.

If you are between the ages of 13-18, you may use our SERVICES only with the supervision and consent of a parent or guardian.

No individual under these age limits may use the SERVICES, provide any Personal Data to L’INSANE GROUP, or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address).

2.2 Your Account

You are invited to create a  account to access the SERVICES, and it’s important that the information associated with your account is accurate and updated (particularly your email address – if you ever forget your password, a working email address is often the only way for us to verify your identity and help you log back in).

You are invited to register a account to access or use certain SERVICES. Your account may also automatically provide you access and means to use any new Services.

When you create an account for any of our SERVICES, you must provide us with accurate and complete information as prompted by the account creation and registration process. Please, don’t forget to update that information if necessary. Otherwise, some of our SERVICES may not operate correctly, and we may not be able to contact you with important notices.

You are responsible for maintaining the confidentiality of any and all actions that take place while using your account. Please, notify our Customer Service @ [email protected]  right away of any actual or suspected loss, theft, or unauthorized use of your account or account password. L’INSANE GROUP is not responsible for any loss that may result from unauthorized use of a CLIENT’S personal data.

If you are a resident of the European Union: You have the right to delete your account with us by contacting our Customer Service @ [email protected] or [email protected] . If you choose to permanently delete your account, the non-public Personal Data that we have associated with your account will also be deleted in respect with the dispositions of GDPR.

2.3 SERVICE Updates, Changes and Limitations

The world of luxe and fashion is constantly evolving. With the launch of new products, services, and features, we need the flexibility to make changes, impose limits, and occasionally suspend or terminate certain Services. We may also update our SERVICES, which might not work properly if you don’t install the updates.

The SERVICES change frequently, and their form and functionality may change without prior notice to you.

L’INSANE GROUP may update certain SERVICES at our convenience and some updates are even automatic. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain portions of our SERVICES may not properly operate if you refuse the all Updates. You acknowledge and agree that the Website may not work properly if you do not allow such Updates and you expressly consent to automatic Updates.

Further, you accept all the Updates regarding the TERMS AND CONDITIONS (and any additional modifications of the same). L’INSANE GROUP may change, suspend, or discontinue any or all of the SERVICES at any time, including the availability of any product, feature, database, or Content.

L’INSANE GROUP has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any SERVICE.

L’INSANE GROUP is also entitled to impose limits on certain SERVICES or restrict your access to part or all of the SERVICES without notice or liability.

2.4 Service Monitoring and Suspension

L’INSANE GROUP is entitled to refuse to provide the SERVICES to anyone, and to terminate or suspend your account or access to the SERVICES at any time without prior notice.

L’INSANE GROUP is entitled to have the right, nevertheless not the obligation, to monitor all the accounts and/or activities conducted through or in any way related to the SERVICES, as well as any user’s use of or access to Personal Data, and profiles of other users.

L’INSANE GROUP is also entitled to deactivate, terminate or suspend the CLIENT’s account or access to the SERVICES at any time: (1) if L’INSANE GROUP, in her sole discretion, determines the CLIENT (or PARTNER) is or has been in violation of these TERMS AND CONDITIONS or the spirit thereof, (2) if L’INSANE GROUP, in her sole discretion, determines the CLIENT is creating or has created risk or possible legal exposure for L’INSANE GROUP, the general public, any third party, or any user of our Services, (3) in response to requests by law enforcement or other government agencies, (4) upon discontinuation or material modification of any SERVICE, or (5) due to unexpected technical issues or problems.

L’INSANE GROUP will endeavor to notify you by email or the next time you attempt to access your account after any such deactivation, termination or suspension.

2.5 Security

Please let us know right away if you believe your account has been hacked or compromised.

L’INSANE GROUP cares a lot about the security of its customers.

Even though, L’INSANE GROUP cannot guarantee that unauthorized third parties will not be able to defeat all the security measures.

Please contact us at [email protected] immediately in case of any actual or suspected breach or unauthorized access or use of your account.

ARTICLE 3 – ONLINE SALE

3.1. COMPLIANCE AND AVAILIBILITY OF THE GOODS

The Products offered for sale by L’INSANE GROUP are the Products visible on the Website the day the Client is visiting the Website.

The Products are offered within the limits of the inventories available.

In case of a mistake regarding the availability of a Product, L’INSANE GROUP informs as soon as practicable the CLIENT by email. In such case, the CLIENT may choose another Product with similar quality and prize or cancel the order.

The Products offered for sale are described with accurate precision. In case of misinterpretation of the description, L’INSANE GROUP should not be held responsible. The photography and the text describing the Product are just indicative and do not enter in the scope of the Contract.

The PRODUCTS are described in English and the sizes are designated accordingly to European nomenclature.

Our clothes don’t fit in gender boundaries. That’s why we don’t have categories by sex.

L’INSANE GROUP encourages style expression outside of the box.

THE CLIENT ACKNOWLEDGES THAT HE/SHE UNDERSTANDS PERFECTLY ENGLISH AND WAIVES ANY RIGHT TO CANCEL THE TRANSACTION ON THE BASIS OF MISINTERPRETATION OF THE COMPLIANCE OF THE DESCRIPTION OF THE PRODUCT.

In case of any particular question regarding the description of the PRODUCT, please contact the Customer Service at: [email protected] . L’INSANE GROUP will be happy to assist and help you.

3.2 PRICES

The prices quoted on the website are in EUROS all taxes included, included the VAT, but not including the transportation fees, the custom fees and, if necessary, administrative fees.

If the VAT rate should be modified by legal obligations, L’INSANE GROUP should modify the prices on the website without prior notice.

3.3 PAIEMENT (SECURITY OF TRANSACTION)

Payment for Orders must be made beforehand by credit/debit card or PayPal.

 

L’INSANE GROUP accepts only credit/debit cards with the following mark: “CB, VISA, EUROCARD/ MASTERCARD, AMERICAN EXPRESS”, duly accepted in FRANCE, or cards issued through international network, approved by a sustainable EUROPEAN ECONOMIC INTEREST GROUP (EEIC).

The validation of the order with the credit card number and expiration date means mandate to pay the amount of the order, postal charges included.

Regarding the payment through PayPal, the payment should be done in EUROS through a bank account domiciliated in the European Union. The CLIENT is required to detain a valid PayPal account and a valid email account.

L’INSANE GROUP secures the management of online payments through the Platform STRIPE.

The confidential information regarding your payment methods are not communicated to L’INSANE GROUP, but directly managed by the Service of security.

3.4 ORDER

Any order spent on www.l-insane.com is worth express and irrevocable acceptance by the CLIENT of the price and the description of the Products offered for sale, and of the present TERMS and CONDITIONS.

After the complete validation of the order, L’INSANE GROUP sends a notice of confirmation to the email of the CLIENT or by a notification on his account.

3.5 DELIVERY

  • 1. IMPORTANT:

A Company is not required, regarding the European regulation, to sell its products in all the Countries of European Union or the World. The professional is free to choose its own distribution channel. Furthermore, the professional is free to adapt its prices depending on the country of distribution.

In other words, L’INSANE GROUP is entitled to refuse an order to a CLIENT from a different country than FRANCE.

L’INSANE GROUP has also the right to modify, or reduce its shipping zone to its national territory, on the sole condition of clear notification to the CLIENT.

The restriction has to be justified by objective reasons, such as:

  • Supplementary costs due to distance or technical difficulties:
  • Variations of the market conditions, including, for instance, a higher or lower demand due to seasons, holidays in different countries, or different prices proposed by concurrent companies:
  • Supplementary risks due to specific regulations or socio-political contexts in a specific country.
  • 2. FEDEX

L’INSANE GROUP trusts the Company FEDEX for its delivery services and should not be held responsible in case of any late delivery or failure to deliver directly attributable to the Company FEDEX.

L’INSANE GROUP should only communicate to the CLIENT the references of the tracking number provided by FEDEX.

In case of a late delivery or failure to deliver directly attributable to the Company FEDEX, Please contact the customer services of FEDEX with the tracking number and date of the shipping order.

  • 3. DELIVERY ADRESS AND DELAYS

Subject to the provisions of §1, the Products are sent to the address given by the CLIENT.

The costs of logistic preparation and shipping include the taxes (VAT). All the deliveries are announced through email.

  1. In case of national delivery, meaning a delivery of a Product from the same State/Country to the same State/Country, delivery is normally up to 14 days;
  2. In case of international delivery, meaning a delivery of a Product between two diverse countries, delivery is normally up to one month.

The delivery time may be increased by further delays due to specificities between two diverse countries, such as retention of the Product in the customs departments or refusal of the CLIENT to pay the Customs fees.

By no means, L’INSANE GROUP should not be held responsible for a retention, even unusual, a refusal, or even the return to its country of origin of the Product following the orders of the customs departments of any country of the World.

  1. In case of late delivery superior to 14 days of a national order, at the exception of Force Majeure or the direct responsibility of FEDEX, the CLIENT is invited to cancel the order for proper refund;
  2. In case of late delivery superior to one month of an international order, at the exception of Force Majeure, or the direct responsibility of FEDEX, or customs procedures (especially if the CLIENT has refused to pay the customs fees), the CLIENT is invited to cancel the order for proper refund.
  3. In case of failure of delivery due to customs procedures, the CLIENT is invited to notify the Customer Service in order to prove his good faith and find a proper solution.

3.6 AVAILIBILITIES

In case of unavailability of the Product after the order, L’NSANE GROUP informs the CLIENT, sending an email to the address given by the CLIENT.

The CLIENT has the possibility to, either choose another Product of similar quality and price, paying, if necessary, the difference of the price, within the limits of stock available, either be reimbursed of the amount of the order within 30 days following the order.

The costs of the delivery of the new Product following the dispositions of 3.6 are borne by L’INSANE GROUP.

3.7 EUROPEAN UNION: RIGHT OF WITHDRAWAL

If you are resident of the EUROPEAN UNION: The European Directive n° 2011/83 provides to the consumers a harmonized delay of right of withdrawal in all the countries of the European Union of 14 days after the complete order.

The conditions regarding the delivery delays and the costs of returns may also vary between every European country.

Please notice, that the right of withdrawal is only applicable and restricted to orders from a Country of the European Union to another Country of the European Union!

In accordance with the European Directive, applicable on the Territory of the European Union:

  1. The CLIENT has a restricted period of 14 days after the order to withdraw his order, clearly and unequivocally;
  2. In order to exercise his right of withdrawal, the CLIENT is invited to contact the Customer Service of L’INSANE GROUP sending an email to [email protected] or [email protected] with the following indication “Order n°… : I wish to exercise my right of withdrawal”;
  3. After the complete validation of the withdrawal, the CLIENT has 14 days to send back the Product, at his costs, including the carrier’s expenses and supplementary costs due to the eventual weight or size of the Product. This delay starts from the day of reception of the Product;
  4. L’INSANE GROUP draws attention that the CLIENT is aware that he is responsible for the proper return of the Product. You are strongly advised to choose a carrier and to accept supplementary costs of tracking services, so that the Product shall be properly returned to its original destination:
  5. L’INSANE GROUP draws attention that the only return address shall be the following:

SAS L’INSANE GROUP

7-9, rue des Arquebusiers

75003 PARIS – FRANCE

and that this address shall be clearly visible with the proper information of the sender and the recipient in order to avoid any problem of the delivery of the return package. Also, the wrapping of the package shall fulfill all the requirements of proper delivery;

  1. In case of, during the return of the PRODUCT, the Product is lost or not delivered due to lack of postage costs by the fault of the CLIENT, the CLIENT shall be considered having renounced to his right of withdrawal and L’INSANE GROUP shall not proceed to any refunds of any kind:
  2. Only an irrevocable and irrefutable misconduct or failure of the carrier shall exonerate the responsibility of the CLIENT, subject to the carrier has expressly acknowledged his direct responsibility:
  3. After a withdrawal, the CLIENT shall return the PRODUCT in a perfectly new condition, having never worn, washed, perfumed, stained (foundation cream, food, perfume), scratched, torn the PRODUCT, and with its label, accessories and original package. L’INSANE GROUP has all the technology to analyze and determine if the PRODUCT has been used, even briefly, or not. In case of such technology would conclude to a use of the PRODUCT by the CLIENT, L’INSANE GROUP shall refuse any refunds of any kind of the order. The CLIENT would then however have the possibility to claim a second delivery of the PRODUCT at his own costs;
  4. After proper reception of the PRODUCT by L’INSANE GROUP and validation by the technical services that it has never been used or worn, L’INSANE GROUP has a delay of 14 days to refund the order, including the delivery costs.

If you are not a resident of the European Union: you are not entitled to claim any right of withdrawal and the dispositions of 3.7 are inoperant.

3.8 RETURNS

Please, notice and understand that, due to luxury quality of the PRODUCTS, terms and conditions regarding the right to return a PRODUCT bought on the Website are restricted and limited.

After reception of the PRODUCT, if the delivery does not fit to the expectations of the CLIENT (size, color, quality), the CLIENT has a delay of 14 days to send back the PRODUCT.

In order to send back a PRODUCT, the CLIENT is invited to fill the form “RETURNS” available on the Website or the contact the Customer Service of L’INSANE GROUP, sending an email to this address: [email protected] and explaining the reasons of the refusal of the PRODUCT.

The CLIENT shall have the choice of an exchange, a credit note, or, eventually a refund (excluding the costs of the delivery).

After proper reception of the “RETURN” email by L’INSANE GROUP, the CLIENT has a restricted delay of 7 days to send back the PRODUCT to L’INSANE GROUP.

After the completion of these two delays, the delivered PRODUCTS shall be considered as duly compliant to the order and duly accepted by the CLIENT, and L’INSANE GROUP shall be entitled to refuse any exchange, credit note nor refund.

L’INSANE GROUP draws attention that the CLIENT is aware that he is responsible for the proper return of the Product. You are strongly advised to fulfill properly the procedure of returns proposed by the delivery accomplished by FEDEX or to choose its own carrier and to accept supplementary costs of tracking services, so that the Product shall be properly returned to its original destination:

L’INSANE GROUP draws attention that the only return address shall be the following:

SAS L’INSANE GROUP

7-9, rue des Arquebusiers

75003 PARIS – FRANCE

and that this address shall be clearly visible with the proper information of the sender and the recipient in order to avoid any problem of the delivery of the return package. Also, the wrapping of the package shall fulfill all the requirements of a proper delivery.

Only an irrevocable and irrefutable misconduct or failure of the carrier shall exonerate the responsibility of the CLIENT, subject to the carrier has expressly acknowledged his direct responsibility.

The CLIENT shall return the PRODUCT in a perfectly new condition, having never worn, washed, perfumed, stained (foundation cream, food, perfume), scratched, torn the PRODUCT, and with its label, accessories and original package. L’INSANE GROUP has all the technology to analyze and determine if the PRODUCT has been used, even briefly, or not. In case of such technology would conclude to a use of the PRODUCT by the CLIENT, L’INSANE GROUP shall refuse any exchange, credit note, nor refund of any kind.

The CLIENT would then however have the possibility to claim a second delivery of the PRODUCT at his own costs.

After proper reception of the PRODUCT by L’INSANE GROUP and validation by the technical services that it has never been used or worn, L’INSANE GROUP has a delay of 14 days to exchange, give a credit note or refund the order, including the delivery costs (at the condition that the CLIENT has followed the prescription of FEDEX).

3.9 WARRANTIES AND RESPONSIBILITY

 

L’INSANE GROUP shall NOT be held responsible for defaults or lack of conformity of the PRODUCTS, for the sole reason that only the Manufacturer holds that responsibility.

L’INSANE GROUP may be held responsible, only and strictly regarding reasonable standards defined by the law, for defaults regarding the packages, the eventual installation instructions (and only if L’INSANE GROUP has expressly accepted such responsibility for a specific order).

In case of fully acknowledged hidden defect of the PRODUCT, L’INSANE GROUP shall proceed to, at the preference of the CLIENT, an exchange in the limits of available stocks, a credit note or a refund.

ONLY the delivery of a non-compliant regarding legal standards or affected by hidden defect PRODUCT shall justify the refund by L’INSANE GROUP of the delivery costs and the costs of returns of the PRODUCT.

The CLIENT shall bring a legal action seolely directly against the Manufacturer and waives any right to any guarantee appeal of L’INSANE GROUP.

ONLY in FRANCE the legal action of claiming hidden defect of a PRODUCT shall be prescribed by two years after the delivery of the PRODUCT or after the discovery of the hidden defect.

The dispositions of 3.9 do not exclude the dispositions of 3.7 and 3.8.

Such warranty shall not apply after the CLIENT has worn, modified, used or repaired the PRODUCT himself/herself or with the assistance of a third party non-authorized by L’INSANE GROUP.

Such warranty shall not apply for apparent defects.

Such warranty shall not apply for the PRODUCTS damaged by unproper delivery or misuse of the PRODUCT.

Such warranty shall not apply in case of contractual failure, fortuitous event or force majeure, defined by applicable law.

ARTICLE 4. SALE AT THE “CONCEPT STORE”

All the dispositions of the present TERMS AND CONDITIONS are applicable to the SERVICES at the “CONCEPT STORE”, at the exception of the following:

1/ There is legally no right of withdrawal for sales on the spot (the premises) of a Company, because the right of withdrawal is applicable only to sales on Internet. The CLIENT acknowledges that he/she has fully tested the PRODUCT before buying it;

2/ Logically, all the dispositions concerning the delivery of PRODUCT are inapplicable.

      • 1. SPECIFIC PROVISIONS:RULES OF PROCEDURE

The CONCEPT STORE is open from Tuesday to Sunday, from 11 a.m. to 20 p.m., except holidays, at: 7-9, rue des Arquebusiers, 75003 PARIS, FRANCE.

The CONCEPT declines any responsibility for damage caused by theft, loss and/or destruction of you personal belongings.  Personal effects are the sole responsibility of their owners.

A respectful behavior is expected from any Visitor and Client, bounded or not legally with L’INSANE GROUP, at the “CONCEPT STORE”.

In case of any damage (stain/tear/diffraction/loss….) caused by any person visiting the “CONCEPT STORE” to any furniture/art collection or PRODUCT, the author of such damage, or its legal guardian, will completely refund the CONCEPT STORE with the new value of the furniture/art collection or PRODUCT.

Any offence or breach of the rules (theft, destruction, incivility…) shall be severely and irrevocably repressed par L’INSANE GROUP, with the assistance, if necessary, of law enforcement authorities.

      • 2. SPECIFIC PROVISIONS: PAYMENT

L’INSANE GROUP accepts payments only by credit card and cash (euros).

In case of credit card rejection during the transaction, the Order shall be considered cancelled and the CLIENT is invited to renew its Order with valid method of immediate payment.

L’INSANE GROUP is entitled to refuse a payment by bank cheque without justification, such as, for instance, the CLIENT cannot prove its identity by a valid ID card.

      • 2. SPECIFIC PROVISIONS: RETURNS

There is no possibility of return or exchange for the PRODUCTS bought ON SALE or PROMOTION ITEMS!

For all the other PRODUCTS, the delay of return of a PRODUCT that does not correspond to the expectations of the CLIENT (excluding the PRODUCTS ON SALE or the PROMOTION ITEMS) is strictly limited to 7 days after the date of the sale.

If such a delay expires a holidays, the delay is continued up to the next day.

In order to return the PRODUCT, The CLIENT has to bring back the PRODUCT to the CONCEP STORE: returns by postal services shall be refused by L’INSANE GROUP.

The CLIENT shall return the PRODUCT in a perfectly new condition, having never worn, washed, perfumed, stained (foundation cream, food, perfume), scratched, torn the PRODUCT, and with its label, accessories and original package. L’INSANE GROUP has all the technology to analyze and determine if the PRODUCT has been used, even briefly, or not. In case of such technology would conclude to a use of the PRODUCT by the CLIENT, L’INSANE GROUP shall refuse any exchange, credit note, nor refund of any kind.

After proper reception of the PRODUCT by L’INSANE GROUP and validation by the technical services that it has never been used or worn, L’INSANE GROUP shall immediately proceed to the exchange, the credit note or the refund of the order.

ARTICLE 5. “THE BLOG” (www.l-insane.com/theblog )

The SPECIFIC TERMS AND CONDITIONS of the Article 5 describe the terms and conditions regarding the posts published on the page “THE BLOG” at the following address: www.l-insane.com/theblog by independent AUTHORS, that appear to be independent PARTNERS of L’INSANE GROUP.

The website of L’INSANE GROUP, and its general structure, texts, images, animated or not, are the exclusive property of L’INSANE GROUP.

Any partial or total reproduction of the website and its content, by any possible method, without the express consent of L’INSANE GROUP, is strictly forbidden and constitutes a breach of the legal provisions of intellectual property and copyright.

The legal provisions of the GDPR are obviously applicable to “THE BLOG”. To exercise his/her rights, the AUTHOR is invited to read the PRIVACY POLICY (www.l-insane.com/politique-confidentialité ) to acquaint the legal protection provided by L’INSANE GROUP.

The AUTHOR, by transferring editorial CONTENT (text, image, sound, video, editing video/photo….) to L’INSANE GROUP, and under the Condition that L’INSANE GROUP has accepted and published the CONTENT on its Website, and particularly on the page “THE BLOG”, expressly waives, without any reservation or condition,  any claim on the basis of intellectual property rights regarding the CONTENT.

The AUTHOR declares, subject to criminal prosecution in case of wrongful declaration, that he/she is the sole and genuine author of the CONTENT that he/she submits to be published on “THE BLOG” and expressly accepts whole responsibility in case of intellectual property legal prosecution from a third party.

L’INSANE GROUP reserves the right to alter or delete some of the editorial CONTENT prior to its publication without the consent of the AUTHOR and without any prior authorization of the AUTHOR.

In parallel, if L’INSANE GROUP adds some content to the editorial CONTENT, the AUTHOR is entitled to refuse the publication of the Editorial CONTENT on “THE BLOG”. For such objection, the AUTHOR must present a duly justified and reasonable ground to its claim but is not entitled to any financial compensation.

In case of disagreement, such us but not limited to artistic dissent, the PARTIES expressly renounce to any legal procedure or compensatory claim against each other.

L’INSANE GROUP is entitled to refuse or to not publish the Editorial CONTENT proposed by the AUTHOR, without any possibility for the AUTHOR to claim damages nor compensation.

In parallel, at any time, the AUTHOR is entitled to ask in writing the removal of the Editorial CONTENT published on “THE BLOG”.

L’INSANE GROUP reserves the right to cease at any moment and without any justification its collaboration with the AUTHOR, even after a long period of time, and the AUTHOR expressly waives any possibility to claim financial damages on the basis, for instance, of a termination of commercial relations or the termination of a employment contract.

The AUTHOR shall never and by no means (website, social network, email, newspaper, press, book…) publish the Editorial CONTENT that was previously published on “THE BLOG” without the prior and written consent of L’INSANE GROUP.

The AUTHOR remains totally independent and may at any time publish whatever editorial content that has no connection with L’INSANE GROUP and that wasn’t previously published on “THE BLOG” at his/her sole discretion.

L’INSANE GROUP respects the artistic freedom of the AUTHOR.

The AUTHOR respects the artistic freedom of L’INSANE GROUP.

ARTICLE 6. MODIFICATIONS TO THE TERMS AND PRODUCT-SPECIFIC TERMS

As L’INSANE GROUP grows and improves, we might have to make changes to these Terms or include additional terms that are specific to certain products.

6.1 Updates

L’INSANE GROUP reserves the right to modify these TERMS AND CONDITIONS by (i) posting revised Terms on and/or through the Services, and/or (ii) providing advance notice to you of material changes to the Terms, generally via email or through the welcoming page www.l-insane.com .

Modifications will not apply retroactively unless required by law.

WARNING: in case of non-automatic updates of the TERMS AND CONDITIONS, the CLIENT has to agree to the updated TERMS AND CONDITIONS prior to continue using the SERVICES.

If no acceptation of the revised TEMRS AND CONDITIONS is requested, your choice to maintain an account, access or use the SERVICES (regardless of whether you create an account with us) following that date constitutes your acceptance of the terms and conditions of the Terms as modified.

6.2 Product-Specific Terms

L’INSANE GROUP may also require you to agree to additional terms, rules, policies, guidelines, or other conditions.

In such cases, you may be required to expressly consent to SPECIFIC TERMS, such as, but not limited to: “CONCEPT STORE”, “THE BLOG”, “ONLINE SALE” …

If any of the SPECIFIC TERMS are different than the GENERAL TERMS, the SPECIFIC TERMS will supplement, amend, or supersede the GENERAL TERMS, but only with respect to the subject matter of the SPECIFIC TERMS.

ARTICLE 7. NO WARRANTIES

EXCEPT WHERE PROHIBITED BY LAW, L’INSANE GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS.

Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the Services or any Content.

To the maximum extent permitted by applicable law, we do not warrant that (i) the Services will meet your requirements or provide specific results, (ii) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) errors will be corrected.

Any oral or written advice provided by L’INSANE GROUP or its employees does not and will never create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to Content; User-Generated Content, in particular, is provided by and is solely the responsibility of the users providing that Content. No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

ARTICLE 8. LIMITATION OF LIABILITY

L’INSANE GROUP is proud and pleased to guarantee you the best SERVICES in accordance with the standards of Luxury and High-line Design but is not bound by a performance obligation.

L’INSANE GROUP disclaims all liability to any unfortunate event in case of use or misuse of the SERVICES.

To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall L’INSANE GROUP, its subsidiaries, partners, AUTHORS, or any wireless carriers be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the SERVICES; (d) damages relating to any conduct or content of any third party or user of the SERVICES, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e) damages in any manner relating to any Third-Party Content, Third-party Products or Third-Party Activities accessed via the SERVICES.

To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not L’INSANE GROUP has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose.

To the maximum extent permitted by applicable law, the total liability of L’INSANE GROUP, for any claim under these Terms, including for any implied warranties, is limited to the greater of one thousand euros or the amount you paid us to use the applicable SERVICE(S) in the past twelve months.

In particular, to the extent permitted by applicable law, L’INSANE GROUP is not liable for any claims arising out of (a) your use of the SERVICES (including but not limited to your participation in any activities promoted by or accessed via the Services), (b) the use, disclosure, display, or maintenance of a CLIENT’s Personal Data, (c) any other interactions with us or any other users of the SERVICES, even if we have been advised of the possibility of such damages, or (d) other Content, information, services or goods received through or advertised on the SERVICES or received through any links provided with the Services.

To the extent permitted by applicable law, you acknowledge and agree that L’INSANE GROUP provides the SERVICES and set the SERVICES’ prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the TERMS AND CONDITIONS, that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and form an essential basis of the bargain between you and L’INSANE GROUP.

L’INSANE GROUP would not be able to provide the SERVICES to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.

ARTICLE 9. GOVERNING LAW

The present TERMS AND CONDITIONS are governed by the Laws of the European Union, and particularly laws of FRANCE, without regard of its principles of conflicts of laws.

ARTICLE 10. DISPUTE AND RESOLUTION OF CONFLICTS

If you are a resident of the European Union: Notwithstanding anything in these Terms to the contrary, if there is a dispute that you and L’INSANE GROUP cannot resolve, you have the right to submit a complaint through http://ec.europa.eu/consumers/odr.

Any conflict resulting of the interpretation, application or inexecution of the present TERMS AND CONDITIONS shall be submitted to the courts of your place of residency or PARIS.

L’INSANE GROUP will always prefer to resolve any conflict by amicable settlement rather than judicial proceeding.

ARTICLE 10. INTERNATIONAL TERMS

If you are not a resident of the European Union and you are accessing our SERVICES from outside the European Union, you agree to transfer certain information outside your home country to us, and that you will follow all the laws that apply to you.

L’INSANE GROUP provides its Services for a global community of humans.

Our servers and operations are, however, located primarily in PARIS, and our policies and procedures are based primarily on the territory of the European Union.

Because of this, the following provisions apply specifically to users located outside of the European Union: (i) you consent to the transfer, storage, and processing of your information, including but not limited to User-Generated Content and any Personal Data, to and in the European Union and/or other countries; (ii) if you are using the Services from a country embargoed by the European Union, you are not authorized to access or make use of the Services; and (iii) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services.

The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject L’INSANE GROUP or its affiliates to any registration requirement within such jurisdiction or country.

The names used for countries or regions in these Terms, the Privacy Policy and any associated features or documentation are based on the European Union Terminology Database.

ARTICLE 11. Survival

If our relationship or these Terms terminate, it will not limit any of other rights or remedies of L’INSANE GROUP, and any provision of these Terms that must survive in order to give proper effect to the intent and purpose of these Terms will survive termination of the Contract between L’INSANE GROUP and its CLIENTS, PARTNERS, AUTHORS and generally USERS.

ARTICLE 12. MISCELLANEOUS

You agree that no joint venture, partnership, employment, or agency relationship exists between you and L’INSANE GROUP as a result of the TERMS AND CONDITIONS or your use of the SERVICES.

The GENERAL TERMS AND CONDITIONS and the SPECIFIC TERMS AND CONDITIONS (globally the “TERMS AND CONDITIONS”) constitute the entire agreement between you and us with respect to your use of the Services.

Our failure to exercise or enforce any right or provision of the TERMS AND CONDITIONS does not constitute a waiver of such right or provision.

If any provision of the TERMS AND CONDITIONS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of the TERMS AND CONDITIONS remain in full force and effect.

You may not assign, delegate, or otherwise transfer your account or your obligations under these TERMS AND CONDITIONS without our prior written consent.

L’INSANE GROUP has the right, in its sole discretion, to transfer or assign all or any part of its rights under these TERMS AND CONDITIONS and will have the right to delegate or use third-party contractors to fulfill its duties and obligations under these TERMS AND CONDITIONS and in connection with the SERVICES.

Any notice via email or links displayed in connection with the SERVICES constitutes acceptable notice under these TERMS AND CONDITIONS.

L’INSANE GROUP shall not be held responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. Notice will be considered received twenty-four (24) hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twelve (12) hours after it is first displayed.

ARTICLE 13. CONTACT INFORMATION

If you have any feedback, questions or comments about the Services, please contact our Customer Service by email, phone at +331 43 37 41 73, by email @ [email protected]sane.com, or by or by mail at: L’INSANE GROUP, 7-9, rue des Arquebusiers, 75003 PARIS, FRANCE.

For better communication, we invite you to include in any email or postal mail your full name, email address, postal address, and the purpose of your message.

ARTICLE 14. LEGAL NOTICES

The present TERMS AND CONDITIONS, as an integral part of the website of L’INSANE GROUP and its general structure, texts, sounds, images, animated or not, are the exclusive intellectual property of L’INSANE GROUP.

The present TERMS AND CONDITIONS are drafted by the law firm  KRASSINSKAIA, duly registered at the Court of Paris Lawyers ‘Office under the number 5144466994, whose head office is at 136, quai Louis Blériot, 75016 PARIS.

Any partial or total reproduction of the Website and its content, by any existing means, without the express consent of L’INSANE GROUP, is strictly forbidden and shall constitute a breach of the protective laws of intellectual property and authors rights (unfair competition, parasitism, counterfeit…).

If you have any question regarding the present TERMS AND CONDITIONS, please don’t hesitate to contact the law firm KRASSINSKAIA at [email protected] .