GENERAL CONDITIONS OF SALE
These general conditions of sale (hereinafter the "General Conditions") apply to any purchase made by an individual (hereinafter the "CUSTOMER") on the website shop.leneonnormand.fr (hereinafter the "WEBSITE") from Lottin Anthony, EI registered in the Trade and Companies Register under number 753 668 524, having its registered office at 199 ROUTE DE DIEPPE, France Tel: 0645394908, email: firstname.lastname@example.org (hereinafter the "SELLER").
Any order placed on the Site necessarily implies the CUSTOMER's unreserved acceptance of these general conditions
ARTICLE 1. DEFINITIONS
- "CUSTOMER": refers to the SELLER's co-contractor, who guarantees to be a consumer as defined by French law and jurisprudence. In this respect, it is expressly stipulated that the CLIENT is not engaged in any usual or commercial activity.
- "DELIVERY": means the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated at the time of the order.
- "PRODUCTS": refers to all the products available on the SITE.
- "TERRITORY": shall designate Metropolitan FRANCE (excluding DOM/TOM).
ARTICLE 2. PURPOSE
The CUSTOMER is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from distinct contractual conditions
ARTICLE 3. ACCEPTANCE OF THE GENERAL CONDITIONS
These Terms and Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download and print the Terms and Conditions and to keep a copy.
The SELLER advises the CUSTOMER to read the General Terms and Conditions with each new order, the latest version of said Terms and Conditions being applicable to all new orders of PRODUCTS
By clicking on the first button to place the order and then on the second to confirm the order, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitation or condition.
ARTICLE 4. PURCHASE OF PRODUCTS ON THE SITE
The CUSTOMER will be asked to provide identifying information by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be filled in for the CLIENT's order to be processed by the SELLER. The CUSTOMER can check on the SITE the status of his order. Tracking of DELIVERIES can, if necessary, be done using the online tracking tools of certain carriers. The CLIENT may also contact the SELLER's sales department at any time by e-mail at email@example.com to obtain information on the status of his order
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information provided.
ARTICLE 5. ORDERS
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CLIENT must receive under the applicable law.
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.
Unless otherwise expressly indicated on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and with the standards applicable in France.
Orders for PRODUCTS are placed directly on the SITE. To place an order, the CLIENT must follow the steps described below (please note, however, that depending on the CLIENT's home page, the steps may differ slightly).
The CLIENT shall select the PRODUCT(S) of his choice by clicking on the PRODUCT(S) concerned and choosing the desired characteristics and quantities. Once the PRODUCT is selected, the PRODUCT is placed in the CLIENT's shopping cart. The CLIENT can then add as many PRODUCTS as he/she wishes to his/her cart.
Once the PRODUCTS have been selected and placed in the shopping cart, the CUSTOMER must click on the shopping cart and verify that the contents of the order are correct. If the CUSTOMER has not already done so, he/she will then be invited to identify himself/herself or to register.
Once the CUSTOMER has validated the contents of the shopping cart and has identified/registered, an online form will be displayed, automatically filled in, summarizing the price, the applicable taxes and, if applicable, the delivery charges.
The CLIENT is invited to verify the content of the order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the payment method and the price) before validating its content.
The CUSTOMER may then proceed to the payment of the PRODUCTS by following the instructions on the SITE and provide all the necessary information for the billing and DELIVERY of the PRODUCTS. For PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all information necessary to process the order.
The CUSTOMER must also select the delivery method chosen.
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER's order. A copy of the order acknowledgement is automatically sent to the CUSTOMER by email, provided that the email address provided through the registration form is correct.
The SELLER does not send any order confirmation by mail or fax.
During the ordering process, the CUSTOMER will have to enter the necessary billing information (the sign (*) will indicate the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER).
In particular, the CUSTOMER must clearly indicate all information relating to DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code to the address of DELIVERY.
The CUSTOMER must also specify the chosen method of payment.
Neither the order form that the CUSTOMER establishes online, nor the acknowledgement of receipt of the order that the SELLER sends to the CUSTOMER by email, constitute an invoice. Regardless of the method of order or payment used, the CLIENT will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
The date of the order is the date on which the SELLER acknowledges online receipt of the order. The deadlines indicated on the SITE only start to run from this date.
For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed in euros including all taxes, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen).
In particular, the prices include the value added tax (VAT) at the rate in force at the date of the order. Any change in the applicable rate may affect the price of the PRODUCTS as of the date of entry into force of the new rate
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in case of special offers or sales.
The prices indicated are valid, except for gross errors. The applicable price is the one indicated on the SITE at the date the order is placed by the CLIENT.
The SELLER undertakes to deliver the PRODUCT on the date or within the period indicated to the CLIENT, unless the parties have agreed otherwise.
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.
In any event, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.
In the event that a PRODUCT is unavailable, the SELLER may, if the parties agree, offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CLIENT decides to cancel an order for unavailable PRODUCTS, he shall obtain a refund of all sums paid for the unavailable PRODUCTS within thirty (30) days of payment at the latest.
ARTICLE 6. RIGHT OF WITHDRAWAL
ARTICLE 7. PAYMENT
The CUSTOMER may pay for PRODUCTS online on the SITE using the methods proposed by the SELLER.
The CUSTOMER guarantees the SELLER that he/she has all the necessary authorizations to use the chosen payment method.
The SELLER will take all necessary measures to ensure the security and confidentiality of data transmitted online as part of the online payment on the SITE
It is hereby specified that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
In case of a single payment by credit card, the CLIENT's account will be debited as soon as the PRODUCTS are ordered on the SITE.
In case of partial DELIVERY, the total amount will be debited from the CUSTOMER's account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel the order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these Terms and Conditions.
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the CUSTOMER would be impossible, the order will be cancelled and the sale automatically terminated.
ARTICLE 8. PROOF AND ARCHIVING
The SELLER agrees to archive this information in order to track transactions and to produce a copy of the contract at the CUSTOMER's request.
In the event of a dispute, the SELLER will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
ARTICLE 9. TRANSFER OF OWNERSHIP
The above provisions do not prevent the transfer to the CLIENT, upon receipt by the CLIENT or by a third party designated by the CLIENT other than the carrier, of the risks of loss or damage to the PRODUCTS subject to retention of title, as well as the risks of damage that they may cause.
ARTICLE 10. DELIVERY
ARTICLE 11. PACKAGING
ARTICLE 12. GUARANTEES
In addition to the commercial warranties that the SELLER may offer for certain PRODUCTS, all Customers benefit from "legal" warranties, for all PRODUCTS, which are detailed below, in accordance with Article L.111-1 of the Consumer Code
ARTICLE 13. RESPONSIBILITY
The SELLER shall not be held responsible, or considered to have failed to comply with the present terms and conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts.
It is also specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, he excludes all responsibility for the information published on these sites. Links to third-party websites are provided for information purposes only and no guarantee is given as to their content.
ARTICLE 14. FORCE MAJEURE
The SELLER's liability shall not be triggered if the non-performance or delay in the performance of any of its obligations described in these GTCs is due to force majeure.
Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably be foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from fulfilling his obligation.
If the impediment is temporary, the performance of the obligation shall be suspended unless the resulting delay justifies the termination of the contract. If the impediment is definitive, the contract shall be terminated by operation of law and the parties shall be released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
In this regard, the SELLER's liability shall not be incurred, in particular, in the event of a hacker attack, unavailability of materials, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, as well as in the event of any circumstance or event outside the SELLER's control occurring after the conclusion of the GTCs and preventing their execution under normal conditions.
It is specified that, in such a situation, the CUSTOMER may not claim the payment of any compensation and may not bring any action against the SELLER.
In the event of the occurrence of one of the above-mentioned events, the SELLER will endeavour to inform the CLIENT as soon as possible.
ARTICLE 15. PERSONAL DATA
The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER's account, analyze orders and, if the CUSTOMER has expressly chosen this option, send him commercial prospecting mail, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CUSTOMER's data is kept confidential by the SELLER for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by e-mail.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer to its commercial partners the names and contact information of its CUSTOMERS, provided that they have expressly given their prior consent when registering on the SITE.
The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time by contacting the SELLER. The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.
In accordance with Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation known as the RGPD), the SELLER shall ensure the implementation of the rights of the persons concerned
It is recalled that the CUSTOMER whose personal data is processed has the right to access, rectify, update, portability and deletion of information concerning him/her, in accordance with the provisions of Articles 39 and 40 of the amended Data Protection Act, and the provisions of Articles 15, 16 and 17 of the European General Regulation on the Protection of Persons (RGPD).
In accordance with the provisions of article 38 of the modified Data-processing law & Freedoms and with the provisions of article 21 of the RGPD, the CUSTOMER can also, for legitimate reasons, oppose the treatment of the data relating to it, without reason and without expenses.
The CUSTOMER can exercise these rights by sending an e-mail to the address: firstname.lastname@example.org or by sending a letter to 199 ROUTE DE DIEPPE.
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.
ARTICLE 16. CLAIMS
ARTICLE 17. INTELLECTUAL PROPERTY
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER's authorization in writing.
This authorization of the SELLER will in no case be granted permanently. This link must be removed at the request of the SELLER. Hypertext links to the SITE using techniques such as framing or in-line linking are strictly prohibited.
Any representation or reproduction, in whole or in part, of the SITE and its contents, by any means whatsoever, without the prior express authorization of the SELLER, is prohibited and will constitute an infringement punishable by Articles L.335-2 et seq. and Articles L.713-1 et seq. of the Intellectual Property Code.
Acceptance of these GTCs implies recognition by the CUSTOMER of the SELLER's intellectual property rights and a commitment to respect them.
ARTICLE 18. VALIDITY OF THE GENERAL CONDITIONS
Any conditions not expressly dealt with herein shall be governed in accordance with the usage of the retail sector, for companies whose registered office is located in France.
Article 19. MODIFICATION OF THE GENERAL CONDITIONS
The General Conditions are dated accurately and may be modified and updated by the SELLER at any time. The General Conditions applicable are those in force at the time of the order
Changes to the Terms and Conditions will not apply to PRODUCTS already purchased.
Article 20: JURISDICTION AND APPLICABLE LAW
IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS SHALL HAVE JURISDICTION.
However, prior to any recourse to an arbitral or state judge, the Customer is invited to contact the SELLER's complaints department.
If no agreement is found or if the CUSTOMER justifies having tried, beforehand, to resolve his dispute directly with the SELLER by a written complaint, an optional mediation procedure will then be proposed, conducted in a spirit of loyalty and good faith in order to reach an amicable agreement at the time of the occurrence of any conflict relating to this contract, including those concerning its validity.
To initiate this mediation, the CUSTOMER may contact the SELLER's mediator: /, whose contact details are: / and who can be contacted via this link: / .
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict
Since mediation is not mandatory, the CLIENT or the SELLER may withdraw from the process at any time
IN THE EVENT THAT MEDIATION FAILS OR IS NOT ENVISAGED, THE DISPUTE THAT MAY HAVE GIVEN RISE TO MEDIATION SHALL BE REFERRED TO THE COMPETENT COURT DESIGNATED ABOVE.
The CLIENT shall have the right to withdraw in principle by returning or restituting the PRODUCT to the SELLER.
For this purpose, the PRODUCT shall be returned or restituted without undue delay, and at the latest within fourteen (14) days after the communication of the CLIENT's decision to withdraw, unless the SELLER offers to collect the PRODUCT himself.
Time limit for withdrawal
In accordance with Article L.221-18 of the Consumer Code, the withdrawal period shall expire fourteen (14) days after the day the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT.
If the CLIENT has ordered several PRODUCTS in a single order resulting in several DELIVERIES (or in the case of an order of a single PRODUCT delivered in several batches), the withdrawal period shall expire fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT delivered.
If the CLIENT's order includes several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT.
Notification of the right of withdrawal
To exercise his right of withdrawal and in accordance with Article L.221-21 of the Consumer Code, the CUSTOMER must notify his decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail) to : 199 ROUTE DE DIEPPE or email@example.com.
He can also use the form below:
In order for the withdrawal period to be respected, the CUSTOMER must transmit his communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of the withdrawal
In case of withdrawal by the CLIENT, the SELLER undertakes to reimburse the totality of the sums paid, including the delivery costs (except for additional costs resulting, where applicable, from the CLIENT's choice of a delivery method other than the standard delivery method proposed by the SELLER) without undue delay and, in any event, no later than fourteen (14) days from the day the SELLER receives the returned PRODUCT.(Article L.221-24 of the Consumer Code).
The SELLER will proceed with the refund using the same means of payment that the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different means, in any case, this refund will not incur any costs for the CUSTOMER
The SELLER is not obliged to reimburse additional costs if the CUSTOMER has expressly chosen a delivery method that is more expensive than the standard delivery method offered by the SELLER.
The SELLER may defer reimbursement until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, the date retained being that of the first of these facts.
Terms of return
The CUSTOMER shall, without undue delay and, in any event, no later than fourteen (14) days after communication of his decision to withdraw from this contract, return the goods to : 199 ROUTE DE DIEPPE.
This period is deemed to have been respected if the CLIENT returns the good before the expiry of the fourteen (14) day period.
The CLIENT shall bear the direct costs of returning the good.
If the weight of the PRODUCT prevents the CLIENT from returning the PRODUCT by post, the CLIENT shall bear the direct costs of returning the good.
Condition of the returned goods
The PRODUCT must be returned according to the SELLER's instructions, including all accessories delivered.
The CUSTOMER shall only be liable for the depreciation of the good resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CLIENT may test the PRODUCT, but he may be held liable if he makes manipulations other than those necessary.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
- Supply of goods or services whose price depends on fluctuations in the financial market
goods made to the CUSTOMER's specifications or clearly personalized
- Supply of goods likely to deteriorate or expire quickly
- Supply of sealed audio or video recordings or software that have been unsealed after delivery
- Newspaper, periodical, magazine (except subscription contract)
- Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities
goods which by their nature are inseparably mixed with other items
- Supply of sealed goods that cannot be returned for reasons of health protection or hygiene and that have been unsealed by the CUSTOMER after DELIVERYthe
supply of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the sales contract, the delivery of which can only be made after 30 days and
the supply of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which depends on market fluctuations beyond the SELLER's control
- the supply of digital content not supplied in dematerialized form if the performance has begun with the express prior consent of the consumer,who has also acknowledged that he will thereby lose his right of withdrawal - contracts concluded
at a public auction
The PRODUCTS offered can only be delivered within the TERRITORY.
It is impossible to place an order for any delivery address outside this TERRITORY
The PRODUCTS are shipped to the delivery address(es) that the CUSTOMER will have indicated during the ordering process.
The time required to prepare an order and then issue an invoice, before shipping the PRODUCTS in stock, is mentioned on the SITE. These times do not include weekends or public holidays.
An e-mail message will automatically be sent to the CLIENT at the time of shipment of the PRODUCTS, provided that the e-mail address in the registration form is correct.
Delivery time & costs
During the ordering process, the SELLER indicates to the CLIENT the possible delivery times and shipping options for the PRODUCTS purchased.
Shipping costs are calculated according to the delivery method.
The amount of these costs will be due by the CLIENT in addition to the price of the PRODUCTS purchased.
Details of delivery times and costs are detailed on the SITE.
In the absence of any indication or agreement as to the delivery date, the SELLER shall deliver the PRODUCT without undue delay and no later than thirty (30) days after the conclusion of the contract. (Article L.216-1 of the Consumer Code).
METHODS OF DELIVERY
The parcel will be given to the CLIENT against signature and on presentation of an identity document.
In case of absence, a notice of passage will be left to the CUSTOMER, in order to allow him to go and collect his parcel in his post office.
The CUSTOMER is informed of the delivery date when he chooses the carrier, at the end of the online ordering process, before confirming the order.
It is specified that deliveries will be made within thirty (30) days maximum. Failing this, the CUSTOMER must give the SELLER formal notice to deliver within a reasonable period of time, and in the event of non-delivery within this period, he may terminate the contract.
The SELLER will refund, without undue delay after receipt of the termination letter, to the CLIENT the total amount paid for the PRODUCTS, including taxes and delivery charges, by the same method of payment used by the CLIENT to purchase the PRODUCTS.
The SELLER is responsible until the PRODUCT is delivered to the CLIENT. It is reminded that the CLIENT has a period of three (3) days to notify the carrier of any damage or partial loss noted during delivery.