TERMS AND CONDITIONS OF SALE LUCIEN.PARIS
1. LEGAL INFORMATION
SAS with a capital of 3,000 euros
27 rue de la Revolution 93100 Montreuil
For any suggestion or information about the site Lucien.paris, you can write to the email address [email protected]
Accommodation and development: Kokmoka, 5 place de la République 75003 Paris
© Lucien.paris 2019
2. PURPOSE AND APPLICATION
These General Conditions of Sale (hereinafter “GTC”), define the terms and conditions under which any person (hereinafter “the customer”) orders and buys the products sold by the company Lucien.paris within the framework of a remote selling system on the internet and mobile, for goods defined in the catalog of sale of websites and mobile www.lucien.paris (hereinafter “the site”).
The present C.G.V are made known to the customer to enable him to place an order and make his purchases.
The fact for the customer to fill an order on the site and to confirm the order is worth full acceptance of present C.G.V, which will be only applicable to the following contract.
Lucien.paris reserves the right to modify in whole or in part and at any time the present C.G.V.
3. CHARACTERISTICS OF THE PROPOSED GOODS
The products offered to the customer are those listed in the catalog published on the site within the limits of available stocks and subject to the proper functioning of the site.
Each product is presented with a photograph and a description drawn up by Lucien.paris. The descriptions are intended to present the customer the essential characteristics of the products before the final order and can not in any way engage the responsibility of Lucien.paris. The photographs of the products are provided for information only, and are not contractual.
4. ORDERING AND CONFIRMATION
Order taking on the site involves the opening of a customer account by entering two identifiers: an e-mail address and a password. These identifiers are and should be kept confidential. The right of access by the customer to the identifiers can be done on simple request to Lucien.paris who will answer only by e-mail to the address used during the creation of the customer account.
To place an order, the customer agrees to complete the components of his order with precision and rigor. As such, he undertakes to fully inform the various items necessary for the proper processing of his order:
• Choice of the products,
• Choice of the billing address,
• Choice of delivery address (for home delivery or delivery by courier),
• Choice of the delivery date,
• Choice of the payment method,
• Verification and validation of the order and the GSC,
• Payment of the order under the conditions provided.
Lucien.paris will confirm the order and its rules:
• On the site, following the payment,
• By email, to the email address indicated by the customer.
Edit an Internet order
For any order modification (billing address, delivery address, delivery date or order content), the customer must contact Lucien.paris no later than 3 working days before the desired delivery date by e-mail: contact @ lucien.paris.
In case of modification or cancellation of the order, a credit of the corresponding amount will be sent by e-mail to the customer until the day before the sending or withdrawal. Indeed, if a product is ordered, no refund can be made once it is produced as a result of an order.
Lucien.paris reserves the right to refuse an order in case of failure of the customer to one of its obligations, and more generally, to refuse any order of abnormal or incomplete character for any reason whatsoever. The order is final only after confirmation by Lucien.paris. Lucien.paris will confirm to the customer the acceptance of his order by email or, if applicable, his refusal, within 48 business hours of the seizure of his order on the Internet.
Prices quoted are in Euros including VAT, departing from the laboratory Lucien.paris. The VAT included is the French VAT applicable on the day of the order. If the VAT rate were to be changed, these changes may be reflected in the price of the items without the customer being informed. However prices can not be changed once the order is confirmed.
The shipping costs include the costs of a quality packaging provided by Lucien.paris.
Shipping costs are billed by Lucien.paris. Prices and fees are subject to change or fluctuation depending on commodity prices and the market in general. The company Lucien.paris gives itself the possibility of increasing its prices.
Delivery charges are charged in addition to the price of the goods. Delivery rates depend on the delivery method chosen (delivery by courier or home delivery), as well as the geographical area, weight and / or volume of the package.
6. MEANS OF PAYMENT
The payment of the products is done by credit card VISA, MASTERCARD, or by AMERICAN EXPRESS card, online from the site, by the secure payment system Stripe. The validation of the payment by credit card is immediate.
To be registered, the order must be paid in its entirety. Unresolved orders can not be processed. In addition, the company Lucien.paris is authorized to suspend any order or any delivery in case of refusal of authorization of payment by the financial organizations.
Lucien.paris, via its host Kokmoka, keeps purchase orders and invoices in its computer system and under reasonable conditions of safety. As a result, Kokmoka’s computerized records provide a reliable and durable medium that can be produced as evidence.
8. RIGHT OF WITHDRAWAL
In accordance with the legislation in force, the right of withdrawal does not apply to contracts for the supply of perishable products, such as products sold by Lucien.paris. Also, the customer can not take advantage of it.
9. AVAILABILITY OF PRODUCTS
Products sold on the site are offered within the limits of available stocks. A product that has become unavailable will be removed from the catalog of products available for distance selling as soon as possible.
However, in case of impossibility to provide the requested products, Lucien.paris will contact the Customer by phone or e-mail as soon as possible to agree with him:
• to postpone the delivery while waiting for the replenishment of this product, when possible,
• replace the product with another equivalent in quality and price.
Lucien.paris products are handmade and are available in limited quantities. For all intents and purposes, it is important to note that orders placed during the holiday season (holiday season in particular) may lead to the risk of larger stock outs compared to those made during other periods of the year. .
10. TERMS OF DELIVERY OF PRODUCTS
Home shipments are made in metropolitan France and in the following European countries: Germany, England, Austria, Belgium, Denmark, Scotland, Spain, Finland, Ireland, Italy, Luxembourg, Netherlands, Portugal, Sweden, within the indicated deadlines when the order is placed by the chosen carrier.
The customer is responsible for information about the name and address of the recipient. These particulars must be precise, exact, and complete (including door code and floor) to allow delivery under normal conditions. The recipient’s phone number is required for deliveries.
Lucien.paris will in no way be held responsible for a return delivery due to an address error or an impossibility to deliver to the address indicated.
In the event that a delivery address is incomplete or imprecise, Lucien.paris reserves the right to contact the recipient directly by phone, in order to complete with him the missing delivery information to the extent that the phone number is not wrong and the available recipient.
Orders indicating a boxed address can not be taken into account and processed.
In case of absence of the recipient or a person who can take possession of the products upon delivery, and to the extent that he will have access to the recipient’s mailbox, the carrier will file a notice of passage. As part of a delivery by courier, in case of absence of the recipient, the products will be returned to the laboratory Lucien.paris. The products being perishable, the company Lucien.paris will not be able to keep the order. Any order not received can not be refunded.
In any case, Lucien.paris can not be held responsible for any deterioration of products due to their late withdrawal from the carrier. Delays in delivery times can not give rise to damages. However, and subject to the limitations listed in this GC, when the delivery delay is greater than 72 business hours, the total amount of the order will be credited to the customer as credit. The delivery time can not be guaranteed during holiday periods such as Christmas, Easter, Valentine’s Day, Mother’s Day … During these periods, orders delivered late can not enjoy a credit.
The company Lucien.paris reserves the right to advise against the sending of certain delicate products during periods of heat.
In the case of an order withdrawn to the laboratory Lucien.paris de Montreuil, the customer agrees to come to withdraw his order the same day in the slots defined on the site. The products being perishable, Lucien.paris will not be able to keep an order which would have been forgotten by the customer. Any forgotten order can not be refunded. The customer must present the necessary supporting documents for the withdrawal of his order: ID and confirmation email. These supporting documents must correspond to the delivery or billing details entered during the order and, where applicable, to the card holder’s details.
In the case of an order courier delivery in Paris or the first crown, the customer agrees to return all problems in its delivery within 24 hours to be delivered again or receive a credit for a next delivery. The customer will not be refunded his order if a redelivery solution is offered.
11. TRANSFER OF PROPERTY AND TRANSFER OF RISKS
The Lucien.paris company insures the goods up to the place of delivery. The risk of transport is borne by the buyer. It is the recipient’s responsibility to check the shipments on arrival and make any reservations that appear justified, or even to refuse the package, if it is likely to have been opened or if it bears signs of deterioration.
If the product, under the responsibility of the courier, has not been delivered, for any other cause related to customs, strikes or damage or any other cause of force majeure as defined by the courts, the sale can then be solved and the Customer may obtain restitution of its price to the exclusion of any other compensation or damages.
12. CLAIMS AND REIMBURSEMENT
Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in the person who takes the trouble to expose the dispute.
The customer will have to make sure of the conformity of the delivery with his order. Any claim must, to be taken into account, intervene within 48 hours of receipt, given the perishable nature of the products. Any damage must be the subject of precise reservations, dated and signed, on the delivery note.
The complaints are to be addressed:
• By post, to the following address: Lucien.paris, 27 rue de la Révolution 93100 Montreuil,
• By email at [email protected]
After analysis and if acceptance of the claim by the company Lucien.paris, a commercial gesture, have or refund will be proposed to the Customer.
In case of dispute under the responsibility of Lucien.paris and justifying a credit or refund of all or part of the order, the customer will receive notification by e-mail within 21 days of the claim.
13. WARRANTY OF PRODUCTS
Lucien.paris guarantees to the customer that the products are manufactured and packaged according to strict quality rules, and kept according to the standards in force in France.
However, Lucien.paris can not extend its warranty on its products if the customer has not respected the conditions of optimum conservation, or if it has consumed products beyond the date of consumption indicated on the packaging.
14. INTELLECTUAL PROPERTY
All elements of the site (graphics, photos, videos, illustrations, pictograms, descriptions, database, logo, brand) are and remain the intellectual and exclusive property of Lucien.paris.
The reproduction, the representation, the exploitation, the rebroadcasting, or the use for any reason whatsoever, even partially, of the elements of the site that they are software, visual or sound, are subjected to the express and preliminary authorization Lucien.paris, holder of all intellectual property rights.
The user who has a website and who wishes to place on his site a simple link directly to the site must first seek permission from Lucien.paris.
15. PROTECTION OF PERSONAL DATA
By ordering via the site, the customer consents to the use by Lucien.paris personal data concerning him. This data is necessary to ensure the proper processing of orders. All this information is treated with the utmost rigor and discretion. Lucien.paris undertakes not to disclose to third parties the information provided by the customer on the site. These are confidential. They will be used only for the processing of the order and to strengthen and personalize the communication including sending the newsletter Lucien.paris.
The file containing this information has been declared to the National Commission for Data Processing and Freedoms.
In accordance with Articles 39 and 40 of the French Data Protection Act of 6 January 1978, the customer has the right to access, rectify and delete data concerning him. To exercise this right and obtain information, the customer can contact Lucien.paris at [email protected] Requests are processed within a maximum of one month.
16. INDEPENDENCE OF CLAUSES
If any of these terms and conditions should be declared inapplicable or invalidated for any reason, this invalidity will not affect the application or validity of the other provisions of the general conditions, the invalidated or deemed inapplicable being then replaced by the provision as close as possible.
17. FORCE MAJEURE
Neither the company Lucien.paris, nor the customer can be held responsible for any non-performance, non-performance or delay in the performance of one of its obligations described in these T & Cs that originated in a case of force major.
As such, force majeure means any external event, unforeseeable and irresistible within the meaning of Article 1148 of the Civil Code. Expressly, are regarded as case of force majeure or fortuitous case, besides those usually retained by the jurisprudence of the French courts and tribunals: total or partial strikes, employer strikes, riots, civil troubles, insurrections, wars, bad weather, epidemics, blockages of means of transport or supply for any reason, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes in forms of marketing, computer failures, blockages telecommunications, including telecommunications networks, any questioning of the mathematical foundations governing the theory of cryptographic algorithms, used for public key infrastructures and any other case beyond the control of the parties preventing the normal execution of the contract.
18. APPLIQUABLE LAW
These general conditions are governed exclusively by French law. The language of this contract is French. In case of translation, only the French version is authentic.
Any dispute will fall under the jurisdiction of the Commercial Court of Bobigny once amiable ways exhausted.
The responsibility of the company Lucien.paris can not be engaged in case of non-compliance with the regulations of a foreign country where the products marketed on this site are delivered.