Terms of sale
The fact that a natural or legal person places an order on the Site implies full and complete acceptance and acceptance of these General Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, take advantage of any contradictory document, which would be unenforceable against the Seller.
ARTICLE 1 - PRESENTATION OF GENERAL CONDITIONS
1.1 These General Terms and Conditions of Sale (hereinafter the "GTC") as well as any other document to which the GTC refers establish the legal terms which apply to the use of the website www.leclaireur.com ("the Site ") By non-professional buyers (" the Customer (s) "), wishing to acquire the products offered for sale by LECLAIREUR (" the Products ").
1.2 All Customers have the obligation to carefully read these T & Cs and to ensure their understanding before any operation on the Site.
1.3 LECLAIREUR reserves the right to modify its T & Cs at any time. The T & Cs are enforceable against users of the Site from the time they are put online.
ARTICLE 2 - SCOPE OF APPLICATION
2.1 These GTCS apply, without restriction or reservation, to all sales concluded via the Site by Customers with L'ECLAIREUR, SAS with capital of with capital of € 630,000 having its registered office at 29bis rue des Francs Bourgeois, 75004 Paris, registered under number 318 149 010 RCS Paris (indifferently "LECLAIREUR" or "the Seller").
These T & Cs specify in particular the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.
2.2 The main characteristics of the Products and in particular the specifications, illustrations and indications of the dimensions of the Products, are presented on the Site. The Customer is required to read it before placing an order. The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the Site are not contractual and cannot engage the responsibility of the Seller. The Customer is required to refer to the description of each Product in order to know its properties and essential features. Product offers are subject to the limit of available stocks.
2.3 The Seller's contact details are as follows:
L’ECLAIREUR, a simplified joint-stock company with capital of € 630,000, whose registered office is located at 29 bis rue des Francs-Bourgeois - 75004 Paris, registered with the Paris RCS under number 318 149 010,
2.4 The T & Cs apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
These T & Cs are accessible at any time on the Site, can be reproduced and kept by the Customer and will prevail, where applicable, over any other version or any other contradictory document.
2.5 The Customer declares to have read the GTC and to have accepted them by ticking the box provided for this purpose before implementing the online ordering procedure as well as the general conditions of use of the Site.
These T & Cs may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the Site on the date the order is placed.
The validation of the order by the Customer constitutes acceptance without restriction or reservation of these GTC.
The Customer acknowledges having the capacity required to contract and acquire the Products offered on the Site.
2.6 Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data by writing, by mail and by justifying his identity, to LECLAIREUR:
- By email: email@example.com
- By mail: Leclaireur, 29 bis rue des Francs Bourgeois - 75004 Paris - Customer Service
2.7 The Products presented on the Site are offered for sale in mainland France (excluding Corsica and overseas territories) and for all of the following countries: Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland , Great Britain, Greece, Hungary, Isle of Man, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Poland, Portugal, Czech Republic, Romania, San Marino, Slovakia, Slovenia, Sweden.
In the event of an order to a country other than mainland France, the Customer is the importer of the Product (s) concerned.
For all Products shipped outside the European Union, the price is automatically displayed excluding tax on the invoice.
If customs duties or other local taxes or import duties or state taxes are likely to be payable, they will be payable and are the sole responsibility of the Customer.
ARTICLE 3 - ORDERS
3.1 Orders are made exclusively on the Site. Internet connection and access costs are the responsibility of the Customer.
3.2 Order process
The Customer will place an order in accordance with the instructions given to him on the Website. He undertakes to complete his registration and order form, making sure to provide the necessary complete and accurate information. In any case, the Customer is responsible for the information entered on his registration form and when placing an order. In the event of an error, LECLAIREUR cannot be held responsible for any shortcomings or delays caused in the delivery of the Products.
3.2.1 Selection of articles
The Customer adds the Product to the basket by clicking on "Buy" and can either continue shopping or proceed to payment for the Product by clicking on "Validate the basket".
The Customer can at any time:
- Consult, download and print these General Conditions by clicking on the link "General Conditions of Sale";
- Check the Products appearing in his basket: their quantity, their amount and detailed information on each of them by clicking on the "Display the basket" icon or directly on the photograph of the said product;
- Cancel the order for one or more Products on the "Basket" page by checking the "Delete" box;
- Insert a valid promotional code in the basket summary;
- Continue to select Products using the drop-down menu.
The Customer is redirected to a home page allowing him to either:
- Create a customer account using the form provided for this purpose.
- For this purpose, the Customer fills in the fields provided by indicating his contact details with the following mandatory information: title, surname, first name, full delivery address, e-mail and telephone number.
- Pay as a guest without creating an account but indicating the information necessary for his order which will be kept in order to enable the order to be processed;
- Connect to an account already created by the Customer. To this end, the Customer fills in the fields provided by indicating his username and his personal password.
To continue the process, the Customer clicks on "Continue" / "Register" / "Connect".
3.2.3 Confirmation of the order
The Customer will access the "Delivery" section in which he will communicate the information necessary for delivery (name, first name, delivery address, telephone number, email, etc.) and will have the option of selecting this address as the billing address. or enter a different billing address.
The order summary will be displayed after clicking "Continue". The Customer will have the possibility, before validating his order, to check the details and the total price and, to correct any errors thereof, before confirming for acceptance.
The Customer validates his order by clicking on "Payment".
3.2.4 Payment by Credit Card
After confirming the content of his order, the Customer will definitively validate the payment.
The Customer will be directed to the “payment information” section in which the Customer can proceed to payment by credit card and must, if necessary, enter the information necessary for this purpose.
The Customer selects the type of card used (Visa, Mastercard) and is directed to a Braintree payment platform. The Customer enters the appropriate data in the fields provided on the bank's payment site, which allows payment to be made online by Visa or Mastercard credit card through a security system. The Customer must verify that the data entered are correct (expiration date, card number, etc.), payment will not be accepted in the event of incorrect data. From the date of the order, a debit request from the Customer's bank account is sent to his bank. The order will be considered final after confirmation of the agreement of the bank payment centers.
When the bank details are validated, the secure electronic payment manager sends an authorization request to the bank card network. The amount of the price will be blocked on the Customer's account.
The electronic payment manager issues an electronic certificate as proof of the amount and date of the transaction. In this regard, the dates and times of the server will prevail between the parties.
The Customer guarantees that he is fully authorized to use the payment card provided for the payment of his order and that this card provides access to sufficient funds to cover the total price of the order.
In all cases, the online supply of the bank card number and the final validation of the order will constitute proof of the entirety of the said order, in accordance with the provisions of Law No. 2000-230 of March 13, 2000 adapting the law. proof of information technology and relating to the electronic signature reproduced in articles 1365 and following of the civil code.
This validation constitutes signature and express acceptance of all operations carried out on the Website.
Upon receipt of the certificate, LECLAIREUR will proceed with delivery. The price will be debited on the day the order is dispatched by LECLAIREUR.
Payment must be in full, with no deduction possible, subject to that applied by LECLAIREUR to the total using a promotional code. LECLAIREUR reserves the right to terminate the contract in the absence of payment of the price of the Products.
The transfer of ownership of the Seller's Products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.
3.3. Taking into account of the Order
LECLAIREUR will acknowledge receipt of the order by email to the address indicated on the Customer's account.
3.4 Confirmation of the order
Subsequently, LECLAIREUR will send an order confirmation email summarizing the Products ordered and available.
3.5 Order tracking
An email will inform the Customer of the shipment of the package.
All Products will be delivered to the delivery address indicated by the Customer when placing the order, by a carrier chosen by LECLAIREUR with delivery confirmation or tracking code when possible.
In the event of absence, the package will be delivered to the nearest relay point, to a substitute or reprogrammed address according to the option validated directly with the carrier.
3.6 The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
3.7 The Seller is not intended to sell the Products on the Site to professionals, but only to Customers, for their personal needs. The Seller therefore reserves the right to refuse orders for the same Product in large quantities.
ARTICLE 4 - THE PRODUCTS
4.1 The description of the Products will be available on the Site at the time of the order.
4.2 Product offers are valid subject to availability. Information on the availability of Products is provided prior to ordering.
4.3 Errors or modifications as to the availability of the Products may exceptionally exist. In this case, the Customer is informed of the unavailability in the order confirmation email:
- In the event that all the Products ordered are unavailable, the order will be canceled and the Customer will not be charged.
- In the event of partial unavailability, the order will be partially debited and sent (for available Products only).
ARTICLE 5 - DELIVERY
The Products will be delivered to the address indicated at the time of the order. No deliveries will be made to hotels or PO boxes
LECLAIREUR ships the Products to the countries referred to in Article 2.7 above.
Certain Products are subject to specific shipping regulations and cannot be delivered to certain countries. It is the Customer's responsibility to check the specific delivery restrictions on the Product description page, for each of the desired Products.
Deliveries are made by an independent carrier, to the address mentioned by the Customer when ordering and which the carrier can easily access.
5.1 Terms of delivery
Delivery costs depend on (i) the country of destination, (ii) the weight and volume of the order and (iii) the insurance option.
The amount and delivery times are indicated upon confirmation of the order.
LECLAIREUR undertakes to make every effort to deliver the Products quickly after confirmation of the order and, unless otherwise specified, no later than 30 (thirty) days from the confirmation of the order.
In any event, LECLAIREUR declines all responsibility for any loss or damage suffered by the Customer due to a delay or a case of force majeure during delivery, subject to article L.216-2 of the Code. of consumption.
In addition, LECLAIREUR will inform the Customer of any delay as soon as possible. The latter will then have the possibility of canceling the order subject to legal provisions.
5.2 Delivery difficulties
The Customer is required to indicate a correct and complete delivery address when ordering. It is up to him to check the delivery address on each of the emails or letters provided and to inform LECLAIREUR without delay of any error or omission via firstname.lastname@example.org. LECLAIREUR reserves the right to invoice any additional delivery costs applicable due to an error relating to the delivery address caused by the Customer.
If delivery cannot be made to the address indicated for causes unrelated to LECLAIREUR, the carrier will inform the Customer as soon as possible by email and will indicate a later delivery date or time.
The Customer is required to check the condition of the products delivered. He has a period of three days excluding public holidays from the delivery to formulate in writing by registered letter with request for acknowledgment of receipt any reservations or complaints for non-compliance or apparent defect of the delivered Products (for example damaged package already open ...), with all supporting documents (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to comply and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered for which the lack of conformity or the apparent or hidden defects have been duly proved by the Customer, under the conditions provided for in Articles L 217-4 et seq. Consumer Code and those provided for in these General Conditions of Sale (see guarantees, in particular).
5.3 Receipt of Products
Each delivery is deemed to have been made as soon as the carrier makes the products available to the Customer or to a third party designated by him, as evidenced by the control system used by the carrier. No dispute relating to the delivery itself will be possible if the package appears to have been delivered, the carrier's computer system being proof.
Upon receipt of the Products, the Customer can confirm on the delivery note that the Products have been delivered in good condition. If this is not the case, the Customer must refuse the delivery. If the Customer is unable to check the condition of the Products at the time of delivery, he will indicate on the delivery note the words "NOT VERIFIED".
ARTICLE 6 - RIGHT OF WITHDRAWAL
6.1 Scope of the right of withdrawal
In application of the legal provisions in force, the following goods do not benefit from the right of withdrawal:
- underwear, swimsuits and cosmetic products unsealed by the Customer after delivery, for reasons of hygiene and health protection,
- all goods made or personalized according to the Customer's specifications.
6.2 Content and methods of exercising the right of withdrawal
According to Articles L.121-18 et seq. Of the Consumer Code, the Customer has the right of withdrawal at any time, without justifying a reason, up to 14 days after receipt of the Products provided that the Products are returned in their original packaging, in perfect condition and bearing the security tag within fourteen (14) days of notifying the Seller of the Customer's decision to withdraw.
In the event of a staggered delivery of Products from the same order, the withdrawal period will begin to run from the receipt by the Customer of the last Product.
To exercise the right of withdrawal, the Customer must inform LECLAIREUR in writing of his desire to withdraw using the withdrawal form available in the appendix or any written declaration expressing unambiguously the Customer's desire to withdraw (hereinafter "Notice of Withdrawal"), giving details of the goods ordered and, if applicable, their delivery:
- By mail to the following address: Leclaireur, 29 bis rue des Francs Bourgeois - 75004 Paris - Customer Service,
- By email to the following address: email@example.com,
- Using the customer account.
The withdrawal period will be considered respected if the Notice of Withdrawal is sent on time.
LECLAIREUR will send an email to the Customer containing the procedure for returning the Product (s).
The Customer must return the Product (s) within fourteen (14) days to the address provided by email, accompanied by the Notice of Withdrawal. The Products must be sent new, unused, with the price tag attached to the Product, as well as the security tag, properly protected, in their original packaging, in good condition, suitable for resale, accompanied by all any accessories, instructions for use and documentation as well as the corresponding order form or invoice. These conditions are cumulative: if one of them is not met, the return will be refused. So if the Customer can try on an item of clothing, he cannot wear it.
With the exception of defective Products or in the event of an error in the description of the Product (s), the Customer returns the Product (s) at their expense. The Products must be returned to the address indicated in the return confirmation email.
LECLAIREUR reserves the right to refuse or to claim compensation for the wear of the Product when the latter has suffered depreciation resulting from handling other than those necessary to establish its nature, characteristics and proper functioning.
Once the Notice of Withdrawal has been received, LECLAIREUR will reimburse the Customer for any amount debited, including standard delivery costs according to the payment method used by the Customer when ordering within 14 (fourteen) days of receipt of the Products by LECLAIREUR if the above conditions are met.
LECLAIREUR is not required to reimburse the delivery costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by LECLAIREUR.
6.4 The number of returns made is counted and we reserve the right to refuse an order in the event of repeated returns of goods.
ARTICLE 7 - GUARANTEES
7.1 Legal guarantees
7.1.1 Content of guarantees
All Products are guaranteed to be free from defects. If Products are found to have defects during the legal warranty period, LECLAIREUR undertakes to reimburse the Customer for the sums paid for Products apparently defective, damaged or damaged or not corresponding to the order in accordance with articles L.217- 4 to L.217-13 of the consumer code relating to lack of conformity, articles 1641 to 1648 and 2232 of the civil code relating to hidden defects and 1245 et seq. Of the civil code relating to liability for defective products.
- In the event of a compliance guarantee action: the Customer has a period of two years from the delivery of the goods to act. He can choose between repair or replacement of the good, provided that this choice does not entail a clearly disproportionate cost compared to the other modality in application of Article L. 217-9 of the Consumer Code.
The Customer is exempt from providing proof of the existence of the lack of conformity of the good during the 24 (twenty-four) months following delivery of the good except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
- In the event of implementation of the guarantee against hidden defects: the Customer may decide to implement the guarantee against hidden defects of the item sold within the meaning of article 1641 of the civil code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.
The action in warranty for hidden defects must be brought by the purchaser within two years from the discovery of the defect (article 1648 paragraph 1 of the civil code).
7.1.2 Method of implementation of guarantees
In the event of a defect as defined in the previous point, LECLAIREUR, according to the Customer's choice:
- Will replace the Product (s), if LECLAIREUR has these same goods at the same price or;
- Refund the price of the Products or give the Customer a purchase voucher if the latter has paid for the order as a purchase voucher.
The above guarantees do not apply for defects resulting from normal wear and tear, intentional damage, accident, negligence of the Customer or on the part of a third party, use other than that prescribed, of a failure to follow the instructions of the manufacturer, supplier, LECLAIREUR or any change or repair carried out without the prior written consent of LECLAIREUR.
ARTICLE 8 - LIMITATION OF LIABILITY
8.1 When LECLAIREUR is liable following a fault on its part, compensation only applies to direct, personal and certain damage that the Customer has suffered with the express exclusion of compensation for any damage and / or indirect and immaterial damage, such as financial damage, damage to image etc. The amount of damages that LECLAIREUR may be required to pay to the Customer under the aforementioned conditions is in any event limited to the total amount of the order for the Products concerned.
8.2 In any event, LECLAIREUR declines all liability due in particular to:
- Normal wear and tear of the Products;
- Use not in accordance with the use for which the Product is intended;
- Any deterioration or accident resulting from negligence, monitoring or maintenance faults that do not comply with the indications mentioned on the Product or on any other document,
- Any damage resulting from modifications, incorporations or mixtures of the Product;
- Any damage resulting from a breach of the recommendations for the use of the Products mentioned in the description of the Product, and / or specific regulations relating to the Products sold;
- Any malicious act by the Client or third parties.
8.3 LECLAIREUR cannot be held responsible for damage, temporary or permanent, caused to the Customer's computer system or for any loss or damage that may be suffered in particular as a result of accessing or browsing the Site.
8.4 The transmission of data via the Internet may lead to the appearance of errors and / or the fact that the Site is not always available. Consequently, LECLAIREUR cannot be held responsible for the availability and interruption of the online service.
ARTICLE 9 - FORCE
9.1 In the event of the occurrence of a case of force majeure preventing the performance of LECLAIREUR's obligations, the order will be immediately suspended and the Customer immediately informed by any means. Similarly, LECLAIREUR will inform the Customer of the cessation of this event and the execution of the order will then resume immediately.
9.2 If such an event were to extend beyond 30 (thirty) days after the date of notification, the contract will be considered automatically terminated. The sums received by LECLAIREUR before this date will then be reimbursed to the Customer.
ARTICLE 10 - SECURITY
10.1 LECLAIREUR takes reasonable measures to ensure the security of the Site. All debit / credit card transactions made on this Site take place using Braintree, a secure online payment gateway that encrypts your card data in a highly secure environment. If the Customer is registered as a LECLAIREUR.com user, the latter can securely store the debit / credit card information in his system. This information is fully encrypted and only used to carry out card transactions requested by the Customer.
10.2 To ensure purchases are made easily and securely, LECLAIREUR uses Secure Socket Layer (SSL) technology.
10.3 LECLAIREUR also takes all necessary reasonable measures within its power to securely store order and payment information.
However, in the absence of negligence on the part of LECLAIREUR, the latter cannot be held responsible for any loss suffered if an unauthorized third party manages to access the data provided when accessing or ordering on the Site.
ARTICLE 11 - DATA PROCESSING AND FREEDOM / COOKIES
11.1 Pursuant to Law 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular.
These data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the Website meets legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.
The Customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning him.
This right can be exercised under the conditions and according to the modalities defined in the General Conditions of Use of the Site.
11.3 When visiting the Website, LECLAIREUR may, unless the Client opposes it, install a cookie on his computer.
The cookie does not allow the Customer to be identified, it records information relating to navigation from the computer on the Website (the pages consulted, the date and time of consultation, etc.) which can be read during subsequent visits. client. The retention period for this information is one year.
The purpose of these cookies and the methods of opposition and deletion are defined in the General Conditions of Use of the Site.
ARTICLE 12 - INTELLECTUAL PROPERTY
12.1 The content of the Site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
12.2 In addition, the Seller remains the owner of all intellectual property rights in the photographs, presentations, studies, drawings, models, prototypes, etc., made for the supply of the Products to the Customer. The Customer therefore refrains from any reproduction or use of said studies, drawings, models and prototypes, etc., without the express, prior written authorization of the Seller who may make it conditional on financial compensation.
ARTICLE 13 - APPLICABLE LAW - LANGUAGE
13.1 These GTC and the transactions resulting therefrom are governed by and subject to French law.
13.2 These T & Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
ARTICLE 14 - DISPUTES
14.1 Please direct any complaints to the following email address: firstname.lastname@example.org, taking care to include all necessary details, including the date and order number if applicable as well as your full name and your contact details (address, telephone number, etc.).
14.2 All disputes to which purchase and sale transactions concluded pursuant to these GTCS could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved between the Seller and the Customer will be subject to the competent courts under the conditions of common law.
14.3 The Customer is informed that he may in any event have recourse to conventional mediation, in particular to the Consumer Mediation Commission (article L 612-1 of the Consumer Code) or to any alternative method of settlement. disputes (conciliation, for example) in the event of a dispute.
Annex 1 - Provisions relating to legal guarantees
Article L. 217-4 of the Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L. 217-5 of the Consumer Code
To comply with the contract, the good must:
- Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling
- Or have the characteristics defined by mutual agreement by 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.
Article L. 217-12 of the Consumer Code
Action resulting from lack of conformity lapses two years after delivery of the goods.
Article L. 217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of 'at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
Annex 2 - Cancellation form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the site www.leclaireur.com, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
For the attention of LECLAIREUR, customer service, 29 bis rue des Francs-Bourgeois - 75004 Paris
I hereby notify the withdrawal of the contract relating to the order of the Products below:
- Order from: .............................................. .............
- Order number: ............................................ ...............
- Client name : ............................................. ..............................
- Customer's address: ............................................. ..........................
Signature of the Client (only if this form is notified on paper):