GENERAL CONDITIONS OF SALE
These general conditions of sale (hereinafter the "General Conditions") apply to any purchase made by an Internet user/natural person (hereinafter the "CUSTOMER") on the website www.leimann.fr (hereinafter the "SITE") with LEIMANN, SARL registered in the Paris Trade and Companies Register under number 894 595 131, having its registered office at 231 rue Saint-Honoré 75001 Paris, Tel: 0142804414, (hereinafter the "SELLER").
IMPORTANT
Any order placed on the SITE necessarily implies the acceptance without reservation of the CUSTOMER of these general conditions of sale.
Article 1. Definitions
The following terms have the following meanings in these General Conditions:
“CUSTOMER” means the SELLER’s co-contracting party, which guarantees to be a consumer as defined by French law and jurisprudence. As such, it is expressly provided that this CUSTOMER acts outside of any usual or commercial activity.
"DELIVERY" means the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated at the time of the order.
“PRODUCTS” means all products available on the SITE.
"TERRITORY" means Metropolitan France (excluding DOM/TOM).
Article 2. Purpose
These Terms and Conditions govern the SELLER’s sale of the PRODUCTS to its CUSTOMERS.
The CUSTOMER is clearly informed and acknowledges that the SITE is aimed at consumers and that professionals must contact the sales department of the SELLER in order to benefit from separate contractual conditions
Article 3. Acceptance Of General Conditions
The CUSTOMER undertakes to read these Terms and Conditions carefully and accept them, before proceeding with the payment of an order of PRODUCTS placed on the SITE.
These General 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 read, download, print and keep a copy of the General Conditions.
The SELLER advises the CUSTOMER to read the General Conditions at each new order, the latest version of the said Conditions applying to any new order of PRODUCTS. By clicking on the first button to place the order and then on the second to confirm the said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Article 4. Purchasing Products from the Site
In order to purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have the legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.
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 completed for the CUSTOMER’s order to be processed by the SELLER. The CUSTOMER can check the status of his order on the SITE. Tracking of DELIVERIES may, where appropriate, be done using the online tracking tools of some carriers. The CUSTOMER may also contact the SELLER’s sales department at any time by e-mail, via our contact form, to obtain information on the status of his order.
The information that the CUSTOMER provides to the SELLER during 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, its identity, eligibility and the information provided.
Article 5. Orders
Article 5.1 Product Characteristics
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 CUSTOMER must receive under the applicable law (in these General Conditions).
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE. Unless expressly stated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with the applicable European legislation and standards in France.
Article 5.2. Ordering Procedure
Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note that depending on the CUSTOMER’s start page, the steps may differ slightly).
Article 5.2.1. PRODUCT Selection and Purchase Option
The CUSTOMER must 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 CUSTOMER’s shopping cart. The latter can then add as many PRODUCTS to his basket as he wants.
5.2.2. Controls
Once the PRODUCTS have been selected and placed in their shopping cart, the CUSTOMER must click on the shopping cart and check that the contents of their order are correct. If the CLIENT has not yet done so, they will then be asked to identify themselves or register.
Once the CUSTOMER has validated the contents of the basket and has logged in/registered, an online form will be displayed to the attention of the CUSTOMER, automatically completed and summarizing the price, the applicable taxes and, if applicable, the shipping costs.
The CUSTOMER is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating his content.
The CUSTOMER can then proceed to the payment of the PRODUCTS by following the instructions on the SITE and provide all the information necessary for the invoicing 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 for the proper processing of the order.
The CUSTOMER must also select the delivery method chosen.
5.2.3. Acknowledgement of receipt
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 acknowledgement of receipt of the order is automatically sent to the CUSTOMER by e-mail, provided that the e-mail address provided by the registration form is correct. .
The SELLER does not send any order confirmation by mail or fax.
5.2.4. Invoicing
During the ordering process, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields to be completed for the CUSTOMER’s order to be processed by the SELLER).
In particular, the CUSTOMER must clearly indicate all information relating to the DELIVERY, in particular the exact address of DELIVERY, as well as any access code to the DELIVERY address.
The CUSTOMER must then specify the method of payment chosen.
Neither the order form which the CUSTOMER draws up online, nor the acknowledgement of receipt of the order which the SELLER sends to the CUSTOMER by e-mail, constitute an invoice. Regardless of the method of order or payment used, the CUSTOMER will receive the original of the invoice at the DELIVERY of the PRODUCTS, inside the parcel.
Article 5.3. Date of order
The order date is the date on which the SELLER acknowledges receipt of the order online. The periods indicated on the SITE do not begin to run until that date.
Article 5.4. Price
For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed in euros all taxes included, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the address of DELIVERY and the carrier or mode of transport chosen).
Prices include in particular value added tax (VAT) at the rate in force on the date of order. Any change in the applicable rate may impact the price of the PRODUCTS from 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 can also be modified in case of special offers or sales.
The prices indicated are valid, except for gross errors. The applicable price is that indicated on the SITE on the date on which the order is placed by the CUSTOMER.
Article 5.5. Availability of PRODUCTS
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the SELLER’s restocking of a PRODUCT.
In any case, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.
The SELLER may, at the CUSTOMER’s request:
Either offer to ship all the PRODUCTS at the same time as soon as the PRODUCTS out of stock are available again, Or proceed with a partial shipment of the PRODUCTS available in a first time, then when the rest of the order is dispatched when the other PRODUCTS are available, subject to clear information regarding the additional transport costs that may be incurred, Or offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel his order of UNAVAILABLE PRODUCTS, he will obtain the refund of all sums paid for the UNAVAILABLE PRODUCTS at the latest within thirty (30) days of payment.
Article 6. Right of Withdrawal
The terms of the right of withdrawal are provided for in the “Policy of Withdrawal”, which is available in Appendix 1 hereto and accessible at the bottom of each page of the SITE via a hypertext link.
Article 7. Payment
7.1. Means of payment
The CUSTOMER can pay its PRODUCTS online on the SITE according to the means offered by the SELLER.
The CUSTOMER guarantees to the SELLER that it holds all the necessary authorizations to use the chosen means of payment.
The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the SITE.
It is therefore specified that all payment information provided on the SITE is transmitted to the bank of the SITE and is not processed on the SITE.
7.2. Date of Payment
In case of a single payment by credit card, the CUSTOMER’s account will be debited as soon as the order of PRODUCTS placed 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 parcel is shipped. If the CUSTOMER decides to cancel his order of UNAVAILABLE PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.
7.3. Delay or refusal of payment
If the bank refuses to charge a card or other means of payment, the CUSTOMER must contact the SELLER’s Customer Service in order to pay the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the flow of money due from the CUSTOMER would prove impossible, the order will be cancelled and the sale automatically terminated.
Article 8. Evidence And Archive
Any contract concluded with the CUSTOMER corresponding to an order for an amount greater than 120 euros including all taxes will be archived by the SELLER for a period of ten (10) years in accordance with article L. 134-2 of the French Consumer Code.
The SELLER agrees to archive this information in order to keep track of 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 SELLER remains the owner of the PRODUCTS delivered until their full payment by the CUSTOMER.
The above provisions shall not prevent the transfer to the CUSTOMER, at the time of receipt by the CUSTOMER, or by a third party designated by him other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the reservation of title, and the risks of damage that they may cause.
Article 10. Delivery
The terms of DELIVERY of the PRODUCTS are provided for in the "delivery policy" referred to in Appendix 2 hereto and accessible at the bottom of each page of the SITE via a hypertext link.
Due to the current situation, your order may take longer to prepare and ship. We do our utmost to deliver every order as quickly as possible.
Article 11. Packaging
The PRODUCTS will be packaged in accordance with the applicable transport standards, to ensure maximum protection for the PRODUCTS during DELIVERY. The CUSTOMERS undertake to comply with the same standards when they return PRODUCTS under the conditions set out in Appendix 1 ' Withdrawal Policy.
Article 12. Guarantees
12.1. Compliance Guarantee
Article L.211-4 of the French Consumer Code: The seller is obliged to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any defects in conformity resulting from the packaging, installation instructions or installation where the latter has been charged by the contract or has been carried out under his responsibility."
Article L.211-5 of the French Consumer Code: To comply with the contract, the property must: 1° be suitable for the usual intended use of a similar property and, if applicable:
- correspond to the description given by the seller and possess the qualities which he has presented to the buyer in the form of a sample or model;
- present the qualities which a purchaser may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2) Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
The SELLER is obliged to deliver a PRODUCT that complies with the intended use of a similar good and corresponds to the description given on the SITE. This compliance also presupposes that the PRODUCT presents the qualities that a buyer may legitimately expect in view of the public statements made by the SELLER, including in advertisements and on labels
In this context, the SELLER may be liable for existing defects of conformity at the time of issue and defects of conformity resulting from the packaging, the assembly instructions or the installationhas been placed in his charge or has been carried out under his responsibility.
The action resulting from the failure to comply is prescribed by two (2) years from the issue of the PRODUCT. (Article L.211-12 of the Consumer Code)
In case of non-compliance, the CUSTOMER may request the replacement or repair of the PRODUCT, at his choice. However, if the cost of the CUSTOMER’s choice is clearly disproportionate to the other possible option, given the value of the PRODUCT or the size of the default, the SELLER may proceed with a refund, without following the option chosen by the CUSTOMER.
In the event that a replacement or repair would be impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address 11-13 rue des Filles du Calvaire.
Finally, the CUSTOMER is exempted from providing proof of the PRODUCT’s lack of conformity for six (6) months following the delivery of the goods.
It is specified that this legal guarantee of conformity applies regardless of the commercial guarantee granted, if any, on the PRODUCTS.
12.2. Hidden Defects Guarantee
The SELLER is bound by the warranty because of the hidden defects of the PRODUCT sold which make it unsuitable for the use for which it is intended, or which diminish this use so much that the CUSTOMER would not have acquired it, or would have given it only a lower price, had he known them.
(Article 1641 of the Civil Code)
This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between the refund of the price of the PRODUCT if it is returned and the refund of a part of its price, if the PRODUCT is not returned.
In the event that a replacement or repair would be impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address 231 rue Saint-Honoré 75001 Paris. The action resulting from the prohibitive defects must be brought by the CUSTOMER within two (2) years from the discovery of the defect. (Paragraph 1 of Article 1648 of the Civil Code)
Article 13. Liability
Under no circumstances may the SELLER be held liable in the event of non-performance or poor performance of the contractual obligations attributable to the CUSTOMER, particularly when entering his order.
The SELLER shall not be held liable, or deemed to have failed hereto, for any delay or non-performance, where the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of the French courts and tribunals.
It is further specified that the SELLER does not control websites that are directly or indirectly linked to the SITE. Accordingly, it excludes all liability for the information published therein. Links to third-party websites are provided for informational purposes only and no warranty is provided for their content.
Article 14. Personal Data
The SELLER collects personal data about its Customers on the SITE, including through cookies. CUSTOMERS may disable cookies by following the instructions provided by their browser.
The data collected by the SELLER are used to process orders placed on the SITE, manage the CUSTOMER’s account, analyse orders and, if the CUSTOMER has chosen this option, send him marketing letters, 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 confidentially by the SELLER in accordance with his declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS can 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 email.
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 business partners the names and contact details of its CUSTOMERS, provided that they have 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 on the SITE or 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 6 January 1978 relating to data processing and freedoms, the CUSTOMER has the right to access, rectify, object (for legitimate reasons) and delete his personal data. He can exercise this right by sending a message via the contact form or by sending a letter to 231 rue Saint-Honoré 75001 Paris.
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an ID or by sending to the SELLER a photocopy of his ID.
Article 15. Claims
The SELLER makes available to the CUSTOMER a "Customer Telephone Service" at the following number: 0142804411 (no surcharge number).
Any written complaint from the CUSTOMER must be sent to the following address: 231 rue Saint-Honoré 75001 Paris.
Article 16. Intellectual property
All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of the SELLER. Anyone who publishes a website and wishes to create a direct hyperlink to the SITE must request the SELLER’s permission in writing.
Under no circumstances will this authorization from the SELLER be granted permanently. This link must be deleted at the SELLER’s request. Hypertext links to the SITE that use techniques such as framing (framing) or insertion by hypertext links (in-line linking) are strictly prohibited.
Article 17. Validity Of General Conditions
Any modification of the laws or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions cannot affect the validity of these General Conditions. Such a modification or decision does not in any way authorise the CUSTOMERS to disregard these General Conditions.
Any conditions not expressly addressed herein will be governed in accordance with the practice of the retail sector, for companies with a registered office in France.
Article 18. Modification Of General Conditions
These Terms and Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Conditions are dated precisely and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.
Article 19. Jurisdiction And Applicable Law
These General Conditions and the relations between the CUSTOMER and the SELLER are governed by French law.
In the event of a dispute, only the French courts will have jurisdiction.
However, prior to any recourse to the arbitral or state court, negotiation in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any conflict relating to this contract, including its validity, shall be privileged.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgement of receipt indicating the elements of the conflict. If at the end of a period of fifteen (15) days the parties are unable to reach an agreement, the dispute shall be submitted to the competent court designated below.Throughout the negotiation process and until its conclusion, the parties shall refrain from taking any legal action against each other and for the conflict being negotiated. By way of exception, the parties are authorized to bring the matter before the court of interim measures or to apply for an order on application. Any action before the court of interim measures or the implementation of a procedure on request shall not entail any waiver by the parties of the amicable arrangement clause, unless expressly agreed otherwise.
ANNEX 1
RETRACTION POLICY
Principle Of Withdrawal
In principle, the CUSTOMER has the right to return the PRODUCT to the SELLER or to a person designated by the latter, without undue delay, and no later than fourteen (14) days following the communication of its decision to withdraw, unless the SELLER offers to recover the PRODUCT himself.
Withdrawal Period
The withdrawal period expires fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, physically takes possession of the PRODUCT.
In the event that the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order of a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier designated by the CUSTOMER, physically takes possession of the last PRODUCT delivered.
Notification Of Right Of Withdrawal
To exercise its right of withdrawal, the CUSTOMER must notify its decision to withdraw from this contract by means of an unambiguous declaration at: 231 rue Saint-Honoré 75001 Paris or at the following email address: contact@leimann.fr
They can also use the form below:
RETRACTION FORM
Attention [*] (*SELLER Contact Information)
SELLER Phone Number*:
SELLER Fax Number*:
SELLER email address*:
I hereby notify you of my withdrawal from the contract relating to the sale of the PRODUCT below:
PRODUCT REFERENCE
Invoice No.:
PO # :
- Commandé le [____________]/reçu le [________________]
- Method of payment used:
- Name of the CUSTOMER and, if applicable, the beneficiary of the order:
- Address of the CUSTOMER:
- Delivery address:
- Signature of the CUSTOMER (except in the case of transmission by email)
- Date
In order for the withdrawal period to be respected, the CUSTOMER must transmit its communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects Of Withdrawal
In the event of withdrawal by the CUSTOMER, the SELLER undertakes to refund all sums paid, including the costs of delivery without undue delay and, in any event, no later than fourteen (14) days from the day on which the SELLER is informed of the CUSTOMER’s desire to withdraw.
The SELLER shall make the refund using the same means of payment as the CUSTOMER will have used for the initial transaction, unless the CUSTOMER expressly agrees to a different means, in any event, this refund will not incur any costs for the customer.
The SELLER may postpone the refund until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, the date chosen being that of the first of these facts.
Return Terms and Conditions
The CUSTOMER shall, without undue delay and, in any event, no later than fourteen (14) days after communication of its decision to withdraw from this contract, return the property to: 231 rue Saint-Honoré 75001 Paris.
This period is deemed to have been respected if the CLIENT returns the property before the expiry of the fourteen-day period.
Return Fee
The CUSTOMER shall bear the direct costs of returning the goods.
Status Of Returned Property
The PRODUCT must be returned according to the SELLER’s instructions and must include all accessories delivered.
The CUSTOMER is liable only for the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER has the possibility to test the PRODUCT but its liability may be incurred if it carries out 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 on the financial market
Supply of goods made to CUSTOMER specifications or clearly customized
Provision of goods likely to deteriorate or perish rapidly
Provision 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, transportation of goods, car rental, catering or services related to recreational activities if the offer provides for a specific date or period of performance
Supply of goods which by their nature are inseparably mixed with other articles
Supplies of sealed goods which cannot be returned for health or hygiene reasons and which have been unsealed by the CUSTOMER after DELIVERY
The supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract of sale, the delivery of which can only be made after 30 days and the real value of which depends on fluctuation in the market beyond the control of the SELLER
Provision of digital content not provided in paperless form if the execution has begun with the express prior consent of the consumer, who has also acknowledged that he will thus lose his right of withdrawal
Contracts concluded at a public auction
ANNEX 2
DELIVERY POLICY
Delivery area
The PRODUCTS offered can be delivered worldwide.
PRODUCTS are shipped to the delivery address(s) that the CUSTOMER has indicated during the order process.
Shipping time
The deadlines for preparing an order and then preparing the invoice, before shipping the PRODUCTS in stock are mentioned on the SITE. These periods are to be understood as excluding weekends or public holidays.
An electronic message will automatically be sent to the CUSTOMER at the time of shipment of the PRODUCTS, provided that the e-mail address on the registration form is correct.
Delivery Times & Costs
During the ordering process, the SELLER tells the CUSTOMER the possible shipping times and forms for the PRODUCTS purchased.
Shipping costs are calculated based on the mode of delivery. The amount of these costs will be due by the CUSTOMER in addition to the price of the PRODUCTS purchased.
The details of delivery times and costs are detailed on the SITE.
DELIVERY TERMS
The parcel will be delivered to the CUSTOMER upon signature and presentation of a piece of identification.
In case of absence, a notice of passage will be left to the CUSTOMER, in order to allow him to pick up his parcel at his post office.
DELIVERY Issues
The CUSTOMER is informed of the delivery date set at the time he chooses the carrier, at the end of the online ordering process, before confirming the order.
Please note that deliveries will be made within a maximum of thirty (30) days. Failing this, the CUSTOMER must give the SELLER formal notice to deliver within a reasonable time and in the event of non-delivery within that time, it may terminate the contract.
The SELLER shall, without undue delay upon receipt of the termination letter, refund to the CUSTOMER the total amount paid for the PRODUCTS, taxes and delivery charges included, using the same method of payment as that used by the CUSTOMER to purchase the PRODUCTS.
The SELLER is responsible until delivery of the PRODUCT to the CUSTOMER. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of the damage or partial losses observed during delivery.