LEBLON DELIENNE
PART 1: General Terms and Conditions of Sale – Sale to Consumer

PREAMBLE

1 - The website leblon-delienne.com published by the company LEBLON DELIENNE SAS, a French simplified joint-stock company (SAS) with capital of €500,000, with head offices at NEUFCHATEL EN BRAY (76270) at 12 rue de la Béthune, registered under SIRET number 813 394 731 00026.

Leblon Delienne sells the products presented on its website http://leblon-delienne.com

2. These General Terms and Conditions of Sale are applicable between Leblon Delienne and the Website’s Customer.

The General Terms and Conditions of Sale, as well as the order slip and the order confirmation, constitute a sales contract between the Customer and Leblon Delienne relating to the sale of the ordered Products.

Any order made on the Website requires that the Customer fully accepts the General Terms and Conditions of Sale in advance without reservations. If they do not agree with the General Terms and Conditions of Sale, the Customer must not use the Website.

Leblon Delienne reserves the right to adapt or modify these General Terms and Conditions of Sale at any time and without warning; the adaptations or modifications are applicable to all orders made after these adaptations or modifications.

If they are changed, the General Terms and Conditions of Sale applicable to the Customer’s order are those which were online, and that the Customer accepted on the day of making their Order.

3 - For any information relating to making one or several Orders, or handling a complaint, the Customer must contact Customer Services:

-  By telephone : +33 (0) 2 32 97 35 21 (price of a local call or an overseas call to France) from Monday to Friday, 9am to 6pm

-  By letter to the following address: 12, rue de la Béthune – 76270 NEUFCHATEL-EN-BRAY - FRANCE

-  By email : info@leblon-delienne.com

 

ARTICLE 1 - DEFINITIONS 

 

The terms and expressions identified with a capital letter in the General Terms and Conditions of Sale have the meaning identified below (whether used in the singular or plural).

-  « General Terms and Conditions of Sale »: indicates this document, i.e. the terms and conditions applicable to the relationship between Leblon Delienne and the Customer

-  « Order »: indicates the purchase made by the Customer for one or several Product(s) made through the use of the Website or the Customer Services

-  « Website »: indicates the Website accessible at http://leblon-delienne.com and/or any other address with a different extension

-  « Product »: indicates a product offered for sale on the Website

-  « Customer »: indicates an adult consumer who uses the Website and acquires one or several Product(s), for its personal needs, through the website, having previously adhered to the General Terms and Conditions of Sale.

 

ARTICLE 2 - PURPOSE

 

The General Terms and Conditions of Sale define the rights and obligations of Leblon Delienne and the Customer as part of the sale of Product by Leblon Delienne on the Website or through the Customer Services of the Site put into place by Leblon Delienne.

Any use of the Website and any Order made of one or several Product(s) through the Website implies full and utter acceptance of all the General Terms and Conditions of Sale.

The General Terms and Conditions of Sale are reserved for consumer buyers and professionals.

Only the people legally able to enter into contracts involving the Products offered for sale on the Website can place an Order on the Website. When making the order, the Customer guarantees that they are fully legally capable to adhere to the General Terms and Conditions of Sale, make an Order and complete a sale.

 

ARTICLE 3 - CREATING AN ACCOUNT

 

To order Products on the Website, the Customer must create an account by providing the information required in the registration form.

For this purpose, the Customer declares that they will provide full personal information which is not incorrect so that they can be specifically identified in any situation. Any fanciful or slanderous personal information is likely to lead to the closure of the Customer’s account and cancellation of their Order.

When creating their account, the Customer chooses a username and password. The Customer agrees to keep their username and password confidential.

This account can be accessed at any time by the Customer using their login credentials.

The Customer is responsible for all actions carried out on the Website using their username and password. Any user registered on the Site will be committed to any Order made by entering their credentials, subject to the right of withdrawal in article 9.4.

 

ARTICLE 4 - ORDER METHODS 

 

4.1. The Customer can make an Order directly on the Website, after having entered their credentials, in accordance with article 3.

4.2. By browsing through the different sections on the Website, the Customer can place the Products of their choice in their basket by clicking on the button « Buy ». At any time and until confirmation of their overall order, the Customer can change their mind, change the quantities and cancel one or several of the chosen Products.

Each of the stages required for the sale are specified on the Website.

All information on the Products can be given in French or in English, directly by Customer Services at: +33 (0) 2 32 97 35 21 (price of a local call or an overseas call to France).

For any request for information or any Order, the Customer is responsible for any telecommunications costs when accessing the internet and using the Website, or when calling the Website's Customer Services.

4.3. In application of the provisions of article 1369-5 of the Civil Code, the Customer will be able to check the details of their Order and the total price and, where applicable, correct or modify it before finally confirming their order to express their acceptance.

Leblon Delienne cannot be held responsible for any errors entered by the Customer, nor possible consequences in terms of a delay or delivery error. In these circumstances, the costs arising from a possible redelivery will be the responsibility of the Customer.

4.4. Once the content of their basket has been approved, the Customer must:

- complete all the requested information, including that relating to the content and payment methods;

- declare that they fully accept all of the General Terms and Conditions of Sale.

After having entered or modified this information, and subject to having expressly accepted the General Terms and Conditions of Sale, the Client will finalise their order by clicking on the Button « Confirm order » on the payment page.

Approval of the Order by the Customer implies acceptance of the Price and features of the Products purchased by the Customer.

 

ARTICLE 5 - ORDER METHODS - CONFIRMATION

 

5.1. Once the Order is approved by the Customer according to the methods in article 4.4, a confirmation email acknowledging receipt of the Order and containing all this information will be sent by Leblon Delienne to the Customer as soon as possible.

5.2. The Order will not be considered final until the confirmation email mentioned in article 5.1 is sent by Leblon Delienne to the Customer, and the sale of the product(s) will not be observed until payment of the corresponding price by the Customer.

5.3. The Product and pricing offers are valid if they are given on the Website, it being noted that the Website is updated daily.

The Products are offered subject to available stock. If a product was not available, particularly due to a stock outage, Leblon Delienne agrees to remove it from the Website as soon as possible.

Marketing or promotional activities are mentioned as such on the Website, indicating their period of validity.

5.4. If a Product ordered by the Customer is unavailable, particularly due to a production or distribution outage by a supplier, Leblon Delienne agrees to inform the Client by email as soon as it is aware of this lack of availability.

Leblon Delienne will inform the Customer, if applicable, of the new date when the product in question will become available, and suggest an equivalent Product if it exists.

If the Customer does not wish to wait for the Product to become available, or does not want an equivalent product, the Customer will be reimbursed for the Product price if their bank account has been debited within 14 days following confirmation of their decision.

5.5. Pursuant to the provisions of article L.122-1 of the Consumer Code, Leblon Delienne has the right to refuse any Order for legitimate reasons, particularly due to payment reasons, difficulties regarding delivery, or any abnormal order or order made in bad faith. Leblon Delienne also reserves the right to ask for identification by email and/or telephone, at which stage the Customer will be able to cancel their order.

On receiving the order, Leblon Delienne has the right to refuse it if the prices displayed online or attached to the Order are clearly incorrect in relation to the Product sale price, particularly due to a technical mistake or malfunction, and/or computer bug.

 

ARTICLE 6 - ORDER METHODS - PRODUCT PRICING 

 

6.1. The Product prices given on the Website are in Euros including VAT.

The Product prices do not include the Customer’s contribution to order preparation (processing, dispatch) and delivery costs, which are the responsibility of the Customer. The total sum of their contribution to these costs are sent to the Customer, either through the Website or during their call to Customer Services, before their Order is approved.

6.2. For Product deliveries outside of France, the provisions set forth by the General Tax Code relating to VAT will be applicable. For a delivery outside of the European Union, the Customer must pay all customs costs, VAT and other taxes due to importing the products into the country of delivery.

The related formalities are the sole responsibility of the Customer, unless otherwise indicated. The Customer is solely responsible for checking whether it is possible to import the ordered products into the country of delivery.

6.3. Leblon Delienne reserves the right to modify the prices at any time and without notice, but the price applicable to the Customer’s order will remain the price indicated in the basket summary when confirming their order. The prices displayed online or attached to the Order are guaranteed, unless a clearly incorrect price is displayed due to a technical malfunction, mistake, or computer bug.

 

ARTICLE 7 - PAYMENT 

 

7.1. Payment scope

The price of the Products and the order preparation and delivery costs are payable in full by the Customer when the Order is made.

The Customer agrees to pay, where applicable and directly to the forwarder or carrier, the customs costs, VAT and other taxes due to importing the products into the country of delivery.

7.2. Payment method

Payment for the Order can be made by the Customer by bank card, in a secure environment, using the methods offered on the Website.

A payment order made by bank card cannot be cancelled. Payment for the Order by the Customer is final, without prejudice to the Customer’s right of withdrawal.

For an order via the website http://leblon-delienne.com or by telephone via Customer Services, the Customer confirms and guarantees that they own the bank card being used and that it provides access to sufficient funds to cover payment of the Order.

The Customer’s bank account will be debited after one (1) day following confirmation of the Order. Payment will be considered final after confirmation of the bank’s agreement to debit the bank card.

The Customer can also pay for the Order through a transfer to Leblon Delienne (the bank details are provided after Leblon Delienne’s approval). If a transfer is not made within 7 days of confirmation of the Order by Leblon Delienne or if the transfer is rejected by the bank, Leblon Delienne reserves the right to cancel the order.

The Customer guarantees to Leblon Delienne that it has the potential authorizations required to use these payment methods when placing the Order.

Generally speaking, the Customer guarantees to Leblon Delienne, when placing the Order, that it is completely able to use the method provided for payment of its order, and it has the potential authorizations required to use the payment method in question.

The Website uses one of the best security systems to protect sensitive details linked to payment methods. Leblon Delienne never has access to confidential information relating to these payment methods, which is why these details are requested for each Customer Order.

7.3. Lack of payment and title retention

The ordered Products remain the property of Leblon Delienne until final and complete payment of the selling price.

If the products have been delivered but not paid for, Leblon Delienne has to right to claim back the ordered products, the Customer agreeing to return any Product which has not been paid for at its own expense.

 

ARTICLE 8 - DELIVERY 

 

8.1. Place of delivery

In principle, delivery of the Products will take place, after recording the Order payment, to the delivery address indicated by the Customer when placing the Order. An email will be sent to the Customer to confirm dispatch of the Products.

Leblon Delienne delivers its Products to the following countries and territories: France and continental Europe, South Africa, Andorra, Saudi Arabia, Australia, Bahamas, Cameroon, Canada, China, South Korea, Côte d'Ivoire, Egypt, United Arab Emirates, United States, Guadeloupe, French Guiana, Hong Kong, Hungary, Indonesia, Iceland, Israel, Japan, Jordan, Kuwait, Lebanon, Liechtenstein, Morocco, Martinique, Mexico, Norway, New Caledonia, New Zealand, Poland, Czech Republic, Réunion Island, Russia, Saint Barthélémy, Saint Martin, Senegal, Singapore, Slovakia, Switzerland, Tahiti, Taiwan, Thailand, Turkey, Venezuela.

The Customer can also have the Products delivered to a legal person of their choice with a permanent residence in metropolitan France.

8.2. Contribution to preparation and delivery costs

The sum including VAT of the Customer’s contribution to order preparation (processing, dispatch) and delivery costs for the Order will be indicated to the Customer before final confirmation of the Order.

A fixed amount for packing and shipping charges will be invoiced to the Customer:

France Metropolitan: Fixed charges: 6 € incl. VAT, Free shipping from 60 € incl. tax purchase.

Europe, Switzerland and Corsica: Fixed charges: 15 € incl. VAT, Free shipping from 150 €incl. VAT purchase

Outside Europe: According shipping costs defined before the validation of the Order.

8.3. Delivery period

The delivery period will be indicated to the Customer during the ordering process, prior to Order approval and before payment.

In all circumstances, the maximum delivery period is thirty (30) working days after making the Product Order, unless a specific case is indicated to the Client before making the Order.

If an Order contains Products which are delivered on different dates, the Customer can choose to receive the Products separately on the dates given on each Product page by contacting the Leblon Delienne Customer Services; this option is likely to involve a more significant Customer contribution to the order preparation and delivery costs, this will be indicated to them by Customer Services. If the Customer chooses to receive their Order in one delivery, they will receive the Order based on the latest delivery date.

If there is a delay in delivery, the Customer can back out of the sale under the terms set forth in article L114.-1 of the Consumer Code, unless the delay in delivery is attributable to the Customer, for example not being available to receive the delivery.

8.4. Place of delivery

A delivery is considered to have been made when the Customer physically takes possession of the Product at the place of delivery agreed with the Customer when placing the Order and, if applicable, with the carrier. Taking possession of the order is validated by the traceability and control system used by the carrier.

8.5. Collection of Products in case of absence

If the recipient is absent during delivery, the carrier will leave a non-delivery notice at the delivery address indicated by the Customer. The Products will be recovered or removed from the address based on the methods indicated by the carrier.

If they are not collected in the period indicated by the carrier, the Products will be returned to Leblon Delienne, who reserves the right to refund the price to the Customer, with delivery costs remaining the responsibility of the Customer.

8.6. Effect of delivery

The transfer of risk takes place at delivery, from the moment when the Customer physically takes possession of the Products at the delivery address indicated by the Customer, or from the Carrier.

Without prejudice to the period that the Customer has to exercise their right of withdrawal, from receiving the Products, it is the responsibility of the Customer or recipient to ensure that the delivered Products correspond to their Order, and to check the condition of the Products in relation to their Order.

The Customer (or, if applicable, the recipient) will formalise their acceptance of the delivery by signing the delivery receipt issued by the carrier.

If, during delivery, the external appearance of the packaging is not perfect, the Customer or the recipient of the Products will open the box in the presence of the carrier to check the condition of the Products. If there is damage arising during transport, the Customer must refuse the damaged products and tick “refused due to damage” on the return slip.

If there is clear damage to the packaging, the Customer must make all reservations and claims which appear justified; it is their responsibility, where applicable, to refuse the box.

Without prejudice to the guarantees that the Customer enjoys as part of article 9, for any complaint relating to an obvious defect or damage during delivery of the Product, the Customer must, as soon as possible, contact Customer Services in order to preserve the rights of Leblon Delienne with regards to the carrier, and also if the Product is still in the possession of the Customer, to start the returns procedure as set forth in article 9.4.

If a delivery is refused or a Product returned for the reasons given in the previous paragraph, the Customer can request a new delivery or cancellation of their order under the terms of article 9.1.3.

 

ARTICLE 9 - COMPLIANCE - WARRANTY - RIGHT OF WITHDRAWAL

 

9.1. Product compliance

9.1.1. The information and descriptions mentioned on each Product page, particularly the photographs, technical features and descriptions, are produced by Leblon Delienne or supplied by possible external service providers contractually linked to the company Leblon Delienne.

Pursuant to article L.111-1 of the Consumer Code, Leblon Delienne aims to inform the Customer and allow them to understand the essential characteristics of the Product.

Before dispatch, the Products delivered to the Customer will be subject to verification in order to ensure compliance with the description provided on the Website.

It is noted, however, that for technical reasons (photograph and computer), the actual performance of Products can be slightly different to the photographs presented on the Website.

9.1.2. However, where applicable, the specific warranty terms which the Customer benefits from with regards to the Product in question, the Products presented on the Website are subject to the legal warranty terms below.

According to article L.211-4 of the Consumer Code:

“The seller is required to deliver a product in accordance with the contract and respond to any lack of compliance which exists on delivery. They will also respond to any lack of compliance due to the packaging, assembly instructions or installation where they are liable for this under the contract or they were created under their responsibility”.

According to article L.211-8 of the Consumer Code:

“The buyer has the right to require the product to be compliant with the contract”.

According to article L.211-5 of the Consumer Code:

- According to article L.211-7 of the Consumer Code: “Lack of compliance which appears within six months after delivery of the product are presumed to have existed at the time of delivery, unless proven otherwise. The seller can counter this presumption if it not compatible with the nature of the product or the invoked lack of compliance.”

- According to article L.211-12 of the Consumer Code: “The action resulting from the lack of compliance shall expire two years after delivery of the product.”

9.1.3. In application of articles L.211-9 and L.211-10 of the Consumer Code, the repair of the consequences of a lack of compliance or hidden defects, duly established and confirmed as such by Leblon Delienne, must be decided by the Customer, unless this desire leads to a clearly disproportionate cost, taking into consideration the value of the product or the significance of the defect, in relation to another method, repair or replacement of the Product.

If the repair and replacement of the product are impossible, the Customer can return the product and receive a refund, or keep the product and receive a partial refund.

In these different examples, the Customer must contact Customer Services and agree on how to return the Product involved in accordance with the procedure set forth in the section « My Orders » on the Website.

Provided that it is well-founded, application of the provisions in articles L.211-9 and L.211-10 of the Consumer Code is without any cost for the buyer.

9.1.4 In the specific case of special operations for Products sold as second-hand, Leblon Delienne will indicate the possible defects of these Products. These defects will be taken into consideration when implementing article L.211-8 of the Consumer Code.

9.2. Extended warranty

Some Products enjoy an extended warranty. In these cases, the methods and duration of the warranty are detailed in the warranty card delivered with the Product. This does not cover damage, breakages or malfunction due to non-compliance with instructions for use.

To use the extended warranty, the Customer must contact Customer Services in order to learn of the specific procedure.

The product will be exchanged for an identical product. It will be delivered to the Customer at the expense of Leblon Delienne, unless there is a stock outage or the Product is no longer produced in this range. In the latter case, Leblon Delienne will refund the price of the Product to the Customer.

9.3. Warranty against hidden defects

- According to article 1641 of the Civil Code: « The seller is bound by the warranty due to hidden defects in the sold item which make it inappropriate for its intended use, or which reduces this use so much that the buyer would not have acquired it, or would have given it a lower price, if they had known ».

According to article 1642 of the Civil Code: « The seller is not bound by obvious defects for which the buyer can convince them themselves ».

According to article 1643 of the Civil Code: « They are bound by hidden defects, even if they were not known, unless in this case it was stipulated that they would not be obliged to any guarantee ».

According to article 1644 of the Civil Code: « In the case of articles 1641 and 1643, the buyer has the right to return the item and receive a refund, or to keep the item and receive a partial refund, as decided by experts ».

According to article 1645 of the Civil Code: « If the seller is aware of the defects in the item, they are bound, in addition to the refund, to all damages and interests to the buyer ».

According to article 1646 of the Civil Code: « If the seller is unaware of the defects in the item, they will only be required to pay a refund, and to reimburse all costs arising from the sale to the buyer. ».

According to article 1647 of the Civil Code: « If the item has defects due to its poor quality, the loss is for the seller, who will be responsible towards the buyer for a refund and other damages explained in the two previous articles. But any loss caused by unforeseeable circumstances will be borne by the buyer ».

According to article 1648 of the Civil Code: « Action resulting from critical defects must be made by the buyer within two years from discovering the defect ».

9.4. Right of withdrawal

9.4.1. Leblon Delienne believes that any Customer that is not happy with their ordered Products must be able to exercise their right of withdrawal, without penalties, in the best conditions.

Pursuant to articles L.121-20 et seq. of the Consumer Code, the legal right of withdrawal is fourteen clear days from receipt of the Product.

The Customer returning the Product as part of their right of withdrawal has the right to a refund for the Products ordered and the outgoing delivery costs. On proposal by Leblon Delienne, the Customer having exercised their right of withdrawal can however opt for an exchange or credit note.

9.4.2. To exercise this right of withdrawal, Leblon Delienne suggests that the Customer follows the procedure set forth in the section « My Orders » on the Website, or contacts Customer Services.

The refund will be made, at the latest, within fourteen days from the date when Leblon Delienne was informed of the Customer’s decision to withdraw. The refund can be delayed until recovery of the Product by the Leblon Delienne Returns department, or until the Customer has provided evidence of returning the Product, whichever is the earliest.

The refund will be made using the payment method used for the Order.

Only complete Products will be accepted for return or exchange (original packaging, accessories, notice…), and in a perfect condition for resale (not dirty, not damaged, not used). To make it easier to process your request and speed up your refund, we recommend that you return it with the return slip duly completed.

The Product return costs are the responsibility of the Customer, unless due to a lack of compliance or hidden defects in the Product.

9.4.3. If the right of withdrawal is only used for one part of the Order, only the price invoiced for the returned Products will be refunded.

If the Order is partially withdrawn, the Customer who benefited from free delivery when making their initial order due to exceeding a certain order amount could be charged for the corresponding delivery costs for their effective order, if the latter goes under the free delivery threshold.

9.4.4. As an exception, the right of withdrawal cannot be exercised for contracts listed in article L.121-21-8 of the Consumer Code, particularly supply contracts for items manufactured according to the customer’s specifications or which have been specially personalised, or which, due to their nature, cannot be reshipped or are likely to expire quickly.

Products which are excluded from the right of withdrawal are indicated as such to the Customer prior to the Order in the description.

9.5. Return procedure

Products must be returned to Leblon Delienne at the following address:

LEBLON DELIENNE

Returns Department,

12 rue de la Béthune

76270 - Neufchâtel-en-Bray

FRANCE

The products must be returned protected, and where possible in their original packaging. They must be in a perfect condition for resale. Any product which is returned incomplete, washed, damaged, deteriorated, dirty even partially will not be refunded or exchanged.

The customer will return the products. We recommend keeping evidence of the delivery to make it easier if there is a problem during transport.

Unless due to a lack of compliance or hidden defects in the Product, the product return costs are the responsibility of the Customer.

 

ARTICLE 10 - PRODUCT TERMS OF USE

 

10.1. Prior to any order and any use of the Products, the Customer must read all information provided on the Website, read about the features and components of the Products and ensure that they are compatible with the intended use.

The Product prices do not include the Customer’s contribution to order preparation (processing, dispatch) and delivery costs, which are the responsibility of the Customer. The total sum of their contribution to these costs are sent to the Customer, either through the Website or during their call to Customer Services, before their Order is approved.

10.2. The Customer agrees to always respect the recommendations for use indicated by the manufacturer on the packaging and the Product usage guidelines before use. For any additional information regarding Product features, the Leblon Delienne Customer Services are available to the Customer.

 

ARTICLE 11 - LIABILITY

 

11.1. Products presented on the website are compliant with current French legislation and applicable standards In France.

Leblon Delienne is only required to comply with applicable legal provisions in France. No regulation in the country of delivery and/or country from which the website is accessed can be applied to Leblon Delienne.

The Customer is solely responsible for respecting the applicable legislation in their country of residence or in the country of destination of the Products. They are responsible for receiving information from the applicable local authorities regarding import, export or usage limitations for the Products that they wish to order from the Website.

11.2. The Service provided by Leblon Delienne is limited to the supply of Products under the terms described in the General Terms and Conditions of Sale. Under no circumstances can Leblon Delienne be held liable for advice, recommendations and terms of use for the Products supplied by manufacturers on the Website or their instructions for use.

11.3. Leblon Delienne’s liability is limited to direct and foreseeable damages which can result from use of the Website and Products by the Customer. Leblon Delienne will not be held liable for damages incurred by the Customer due to improper use of the Products.

Leblon Delienne will not be held liable if the non-execution or poor execution of its obligations is attributable to the Customer, due to the unforeseen and insurmountable actions of an overseas third party when delivering the Products, or due to unforeseen, unstoppable and external force majeure.

Generally speaking, Leblon Delienne will not be held liable under any circumstances due to indirect or unforeseeable damages caused as part of the use of the Website or Product Order.

11.4. Leblon Delienne cannot be held liable due to (i) content available on other websites or internet sources accessible through hypertext links inserted into the Website (particularly due to advertising, products, services or any other information), nor (ii) damages of any kind which can arise for the Customer when visiting these websites.

The use of the Website implies understanding and acceptance by the Customer of the features and limits of the internet and related technologies, the lack of data protection against possible hacking or piracy and risk of damage due to possible viruses circulating on the network.

As Leblon Delienne is itself dependent on the quality of the internet network, it cannot guarantee the continuity of the Website and cannot ensure correction of faults found on the internet network. As a result, Leblon Delienne cannot be considered as responsible for any lack of availability of the Website or any problems with connection or interrupted connections (server, telephone line or any other malfunction) during use of the Website, or more generally any problems with the internet network affecting use of the Website. As part of this, Leblon Delienne is not responsible for sending forms to an incorrect or incomplete address, any computer errors or faults found on the Website.

11.5. Subject to contrary provisions, the Website can be accessed from any location, as long as the minimum technical requirements are respected, particularly in terms of access to the internet network, mobile telephone and technical compatibility of the equipment used by the Customer. Considering the global nature of the internet network, the Customer agrees to follow all rules of public order relating to the behaviour of users on the internet network and which are applicable in the country from which they are using the Website.

 

ARTICLE 12 - ELECTRONIC FILE - PERSONAL DATA PROTECTION

 

12.1. In order to process the orders, Leblon Delienne processes personal data about the Customer which is identified as mandatory on the forms on the Website.

12.2. Leblon Delienne agrees to respect the confidentiality of personal data sent by Customers to the Website and to process them in accordance with the French Data Protection Act of 6 January 1978 modified and currently valid.

The Leblon Delienne database created for this purpose is subject to a declaration with the CNIL, in accordance with the requirements of the French Data Protection Act.

12.3. The Customer’s personal data is collected and processed by Leblon Delienne to process the Orders.

Depending on the choice made when creating or consulting their accounts on the Website, the Customer will choose whether they would like to receive marketing or promotional offers by email from Leblon Delienne and/or its partners. If a Customer no longer wishes to receive these offers, they can at any time make a request by clicking on an electronic link available in emails and the newsletter or by modifying their account directly at the website http://leblon-delienne.com.

12.4. Leblon Delienne may be required to send this data for processing and delivery of orders by its service providers, or for customer care, and to complete customer satisfaction surveys. In addition, Leblon Delienne can also send this data if required by the legal or administrative authorities.

12.5. The Customer can exercise their right to access the file, the right to oppose, rectify or remove their data, either by changing their personal information on the « My Account » space in the « Help »section, or by directly sending a request to Leblon Delienne (by indicating their email address, surname, first name and postal address), by email to the address info@leblon-delienne.com or by post to the following address: Leblon Delienne Customer Services - 12 rue de la Béthune – 76270 Neufchâtel-en-Bray, France.

12.6. The Website is designed to be particularly attentive to Customer needs. It therefore uses cookies, which are used to indicate that the Customer has accessed the Website to create their basket.

Cookies are kept on the Customer’s hard drive for six (6) months.

The Customer can oppose the storage of cookies on the hard drive of their computer by configuring their browser in the following way:

For Mozilla Firefox:

-  choose the « tool » menu;

-  click on the « Clear private data » icon ;

-  go to the « cookies » menu and select the options that you wish.

For Microsoft Internet Explorer 6.0, 7.0 and 8.0:

-  choose the « Tools » menu « », then « Internet Options » « »;

-  click on the « Confidentiality » tab « »;

-  select the desired level using the cursor.

 

ARTICLE 13 - SUSPENSION - TERMINATION 

 

The Customer can terminate their registration to the Website at any time and close their account. The Customer will send their termination request to Customer Services.

If the Customer has not fulfilled one of its contractual obligations, particularly regarding payment, Leblon Delienne reserves the right to suspend Customer access to the Website and Leblon Delienne’s services, or even terminate their account depending on the seriousness of the incidents. Leblon Delienne reserves the right to refuse any order for a Customer with which it has any dispute.

 

ARTICLE 14 - INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS 

 

All items published on the Website, such as sound, images, photographs, videos, writing, animations, programs, visual identity, databases, software and other underlying technology is protected by the provisions of the Intellectual Property Code and belong to Leblon Delienne.

The Leblon Delienne brand, as well as all figurative or non-figurative brands and more generally all other brands, illustrations, images and logos on the items, their accessories or packaging, whether registered or not, are and remain the exclusive property of Leblon Delienne, with the exception of rights held on product visuals, brands, licences and logos of suppliers of Products presented on the Website.

Any total or partial reproduction, modification or use of these brands, illustrations, images and logos, for any reason and in any form, without the express prior agreement of Leblon Delienne, is strictly forbidden.

Beyond a request made on its part, Leblon Delienne forbids the use of a hypertext link to the Website. Any Customer who wishes to place a link directly to the Website home page from their personal website must request Leblon Delienne’s prior express authorization.

 

ARTICLE 15 - OTHER

 

15.1. Partial invalidity If one or several of the provisions of the General Terms and Conditions of Sale were considered to be unlawful or unenforceable by a competent court, the other provisions will remain valid and will retain their scope and effect.

15.2. Agreement regarding evidence Acceptance of these General Terms and Conditions of Sale electronically has the same evidentiary value as an agreement on paper between the parties.

The information issued by this Website shall prevail between the parties. The computer records will be kept in the Leblon Delienne computer systems with reasonable security measures and can constitute evidence, available to the Customer, of exchanges, orders and payments made on the Website or by email. The scope of evidence for information provided by the Leblon Delienne computer systems is the same as the scope given to an original written and signed document.

It is expressly agreed that Leblon Delienne and the Customer can communicate electronically or by telephone via Customer Services. Technical security measures are provided to ensure confidentiality of the exchanged data.

Leblon Delienne and the Customer agree that the emails exchanged between them validly prove their exchanges and where applicable their commitments, particularly regarding the transmission and acceptance of orders.

15.3. Conservation and archiving

Archiving of contractual documents is carried out on a reliable and durable backup corresponding to a reliable and durable copy which can be produced as evidence.

You can access archived contracts by sending a request by email to info@leblon-delienne.com.

15.4. Waiver

If Leblon Delienne or the Customer does not exercise one of their rights as part of the General Terms and Conditions of Sale, this does not imply waiver of this right and to exercise it at a later date, and such a waiver can only take place via an express declaration.

15.5. Force majeure

Execution by Leblon Delienne of all or part of its obligations, particularly regarding delivery, will be suspended if there is any unforeseen circumstances or force majeure which impedes or delays execution.

This includes but is not limited to war, riots, uprising, civil unrest and major scale strikes.

Leblon Delienne will inform its Customers of any unforeseen circumstances or force majeure within seven days of it arising. If this suspension exceeds a period of fifteen days, the Customer will be able to terminate the order in progress, and receive a refund for the Products ordered and the delivery costs paid.

 

ARTICLE 16 - SUSPENSION - TERMINATION

 

The General Terms and Conditions of Sale are subject to French law. Only the French version of these General Terms and Conditions of Sale shall prevail.

If a difficulty arises when making the Order, regarding delivery of the Products or more generally execution of the sale, the Customer will be able, before any legal action, to reach an amicable solution, particularly with the assistance of a consumer association or any other advice of their choice.

Any dispute likely to result from the interpretation or execution of the General Terms and Conditions of Sale and its effects will be brought before the competent courts.

The General Terms and Conditions of Sale will also apply to the relationship with any user of the Website who does not place an Order, particularly articles 11 to 15.

The refund will be made several days after receipt of the Product by the Returns department according to the payment method used for the Order, and at the latest within thirty (30) days following receipt of the right of withdrawal.

 

 

 

LEBLON DELIENNE
PART 2: General Terms and Conditions of Sale – Sales to Professionals

PREAMBLE

1 - The website leblon-delienne.com published by the company LEBLON DELIENNE SAS, a French simplified joint-stock company (SAS) with capital of €500,000, with head offices at NEUFCHATEL EN BRAY (76270) at 12 rue de la Béthune, registered under SIRET number 813 394 731 00026.

Leblon Delienne sells the products presented on its website http://leblon-delienne.com

2. These General Terms and Conditions of Sale are applicable between Leblon Delienne and the Website’s Customer.

The General Terms and Conditions of Sale, as well as the order slip and the order confirmation, constitute a sales contract between the Customer and Leblon Delienne relating to the sale of the ordered Products.

Any order made on the Website requires that the Customer fully accepts the General Terms and Conditions of Sale in advance without reservations. If they do not agree with the General Terms and Conditions of Sale, the Customer must not use the Website.

Leblon Delienne reserves the right to adapt or modify these General Terms and Conditions of Sale at any time and without warning; the adaptations or modifications are applicable to all orders made after these adaptations or modifications.

If they are changed, the General Terms and Conditions of Sale applicable to the Customer’s order are those which were online, and that the Customer accepted on the day of making their Order.

3 - For any information relating to making one or several Orders, or handling a complaint, the Customer must contact Customer Services:

-  By telephone: +33 (0) 2 32 97 35 21 (price of a local call or an overseas call to France) from Monday to Friday, 9am to 6pm

-  By letter to the following address: 12, rue de la Béthune – 76270 NEUFCHATEL-EN-BRAY - FRANCE

-  By email: info@leblon-delienne.com

 

ARTICLE 1 - DEFINITIONS 

 

The terms and expressions identified with a capital letter in the General Terms and Conditions of Sale have the meaning identified below (whether used in the singular or plural).

-  « General Terms and Conditions of Sale »: indicates this document, i.e. the terms and conditions applicable to the relationship between Leblon Delienne and the Customer

-  « Order »: indicates the purchase made by the Customer for one or several Product(s) made through the use of the Website or the Customer Services

-  « Website »: indicates the Website accessible at http://leblon-delienne.com and/or any other address with a different extension

-  « Product »: indicates a product offered for sale on the Website

-  « Customer »: indicates a corporation duly represented by a person duly authorized to use the Website and acquire one or several Product(s), for its professional needs, through the website, having previously adhered to the General Terms and Conditions of Sale.

 

ARTICLE 2 - PURPOSE

 

The General Terms and Conditions of Sale define the rights and obligations of Leblon Delienne and the Customer as part of the sale of Product by Leblon Delienne on the Website or through the Customer Services of the Site put into place by Leblon Delienne.

Any use of the Website and any Order made of one or several Product(s) through the Website implies full and utter acceptance of all the General Terms and Conditions of Sale.

The General Terms and Conditions of Sale are reserved for consumer buyers and professionals.

Only the people legally able to enter into contracts involving the Products offered for sale on the Website can place an Order on the Website. When making the order, the Customer guarantees that they are fully legally capable to adhere to the General Terms and Conditions of Sale, make an Order and complete a sale.

 

ARTICLE 3 - CREATING AN ACCOUNT

 

To order Products on the Website, the Customer must create an account by providing the information required in the registration form.

For this purpose, the Customer declares that they will provide full personal information which is not incorrect so that they can be specifically identified in any situation. Any fanciful or slanderous personal or professional information is likely to lead to the closure of the Customer’s account and cancellation of their Order.

When creating their account, the Customer chooses a username and password. The Customer agrees to keep their username and password confidential.

This account can be accessed at any time by the Customer using their login credentials.

The Customer is responsible for all actions carried out on the Website using their username and password. Any user registered on the Site will be committed to any Order made by entering their credentials, subject to the right of withdrawal in article 9.4.

 

ARTICLE 4 - ORDER METHODS 

 

4.1. The Customer can place an Order directly on the Website, after having entered their credentials, in accordance with article 3.

4.2. By browsing through the different sections on the Website, the Customer can place the Products of their choice in their basket by clicking on the button « Buy ». At any time and until confirmation of their overall order, the Customer can change their mind, change the quantities and cancel one or several of the chosen Products.

Each of the stages required for the sale are specified on the Website.

All information on the Products can be given in French or in English, directly by Customer Services at: +33 (0) 2 32 97 35 21 (price of a local call or an overseas call to France).

For any request for information or any Order, the Customer is responsible for any telecommunications costs when accessing the internet and using the Website, or when calling the Website's Customer Services.

4.3. In application of the provisions of article 1369-5 of the Civil Code, the Customer will be able to check the details of their Order and the total price and, where applicable, correct or modify it before finally confirming their order to express their acceptance.

Leblon Delienne cannot be held responsible for any errors entered by the Customer, nor possible consequences in terms of a delay or delivery error. In these circumstances, the costs arising from a possible redelivery will be the responsibility of the Customer.

4.4. Once the content of their basket has been approved, the Customer must:

- complete all the requested information, including that relating to the content and payment methods;

- declare that they fully accept all of the General Terms and Conditions of Sale.

After having entered or modified this information, and subject to having expressly accepted the General Terms and Conditions of Sale, the Client will finalize their order by clicking on the Button « Confirm order » on the payment page.

Approval of the Order by the Customer implies acceptance of the Price and features of the Products purchased by the Customer.

 

ARTICLE 5 - ORDER METHODS - CONFIRMATION

 

5.1. Once the Order is approved by the Customer according to the methods in article 4.4, a confirmation email acknowledging receipt of the Order and containing all this information will be sent by Leblon Delienne to the Customer as soon as possible.

5.2. The Order will not be considered final until the confirmation email mentioned in article 5.1 is sent by Leblon Delienne to the Customer, and the sale of the product(s) will not be observed until payment of the corresponding price by the Customer.

5.3. The Product and pricing offers are valid if they are given on the Website, it being noted that the Website is updated daily.

The Products are offered subject to available stock. If a product was not available, particularly due to a stock outage, Leblon Delienne agrees to remove it from the Website as soon as possible.

Marketing or promotional activities are mentioned as such on the Website, indicating their period of validity.

5.4. If a Product ordered by the Customer is unavailable, particularly due to a production or distribution outage by a supplier, Leblon Delienne agrees to inform the Client by email as soon as it is aware of this lack of availability.

Leblon Delienne will inform the Customer, if applicable, of the new date when the product in question will become available, and suggest an equivalent Product if it exists.

If the Customer does not wish to wait for the Product to become available, or does not want an equivalent product, the Customer will be reimbursed for the Product price if their bank account has been debited within 14 days following confirmation of their decision.

5.5. Pursuant to the provisions of article L.122-1 of the Consumer Code, Leblon Delienne has the right to refuse any Order for legitimate reasons, particularly due to payment reasons, difficulties regarding delivery, or any abnormal order or order made in bad faith. Leblon Delienne also reserves the right to ask for identification by email and/or telephone, at which stage the Customer will be able to cancel their order.

On receiving the order, Leblon Delienne has the right to refuse it if the prices displayed online or attached to the Order are clearly incorrect in relation to the Product sale price, particularly due to a technical mistake or malfunction, and/or computer bug.

 

ARTICLE 6 - ORDER METHODS - PRODUCT PRICING 

 

6.1. The Product prices given on the Website are both in Euros including and excluding VAT.

The Product prices do not include the Customer’s contribution to order preparation (processing, dispatch) and delivery costs, which are the responsibility of the Customer. The total sum of their contribution to these costs are sent to the Customer, either through the Website or during their call to Customer Services, before their Order is approved.

6.2. For Product deliveries outside of France, the provisions set forth by the General Tax Code relating to VAT will be applicable. For a delivery outside of the European Union, the Customer must pay all customs costs, VAT and other taxes due to importing the products into the country of delivery.

The related formalities are the sole responsibility of the Customer, unless otherwise indicated. The Customer is solely responsible for checking whether it is possible to import the ordered products into the country of delivery.

6.3. Leblon Delienne reserves the right to modify the prices at any time and without notice, but the price applicable to the Customer’s order will remain the price indicated in the basket summary when confirming their order. The prices displayed online or attached to the Order are guaranteed, unless a clearly incorrect price is displayed due to a technical malfunction, mistake, or computer bug.

 

ARTICLE 7 - PAYMENT 

 

7.1. Payment scope

The price of the Products and the order preparation and delivery costs are payable in full by the Customer when the Order is made.

The Customer agrees to pay, where applicable and directly to the forwarder or carrier, the customs costs, VAT and other taxes due to importing the products into the country of delivery.

7.2. Payment method

Payment for the Order can be made by the Customer by bank card (SystemPay) or by SEPA Direct Debit Mandate (Slimpay), in a secure environment, using the methods offered on the Website.

A payment order made by bank card or SEPA direct debit mandate cannot be cancelled. Payment for the Order by the Customer is final, without prejudice to the Customer’s right of withdrawal.

For an order via the website http://leblon-delienne.com or by telephone via Customer Services, the Customer confirms and guarantees that they own and/or are duly authorized to use the bank card used in case payment by bank card or that he/she is duly authorized to use the bank details (IBAN) in case of payment by SEPA Direct debit mandate and that it provides access to sufficient funds to cover payment of the Order.

The Customer’s bank account will be debited after one (1) day following confirmation of the Order in case payment by bank card.

The Customer’s bank account will be debited after one (45) days following confirmation of the Order in case of payment by SEPA Direct debit mandate.

Payment will be considered final after confirmation of the bank’s agreement to debit the bank card.

The Customer can also pay for the Order through a bank transfer to Leblon Delienne only after Leblon Delienne’s written and express acceptance (the bank details are provided after Leblon Delienne approved an exceptional payment by bank transfer to pay the invoice. If a transfer is not made within 7 days of confirmation of the Order by Leblon Delienne or if the transfer is rejected by the bank, Leblon Delienne reserves the right to cancel the order.

The Customer guarantees to Leblon Delienne that it has the potential authorizations required to use these payment methods when placing the Order.

Generally speaking, the Customer guarantees to Leblon Delienne, when placing the Order, that it is completely able to use the method provided for payment of its order, and its has the potential authorizations required to use the payment method in question.

The Website uses one of the best security systems to protect sensitive details linked to payment methods. Leblon Delienne never has access to confidential information relating to these payment methods, which is why these details are requested for each Customer Order.

7.3. Lack of payment and title retention

The ordered Products remain the property of Leblon Delienne until final and complete payment of the selling price.

If the products have been delivered but not paid for, Leblon Delienne has to right to claim back the ordered products, the Customer agreeing to return any Product which has not been paid for at its own expense.

 

ARTICLE 8 - DELIVERY 

 

8.1. Place of delivery

In principle, delivery of the Products will take place, after recording the Order payment, to the delivery address indicated by the Customer when placing the Order. An email will be sent to the Customer to confirm dispatch of the Products.

Leblon Delienne delivers its Products to the following countries and territories: France and continental Europe, South Africa, Andorra, Saudi Arabia, Australia, Bahamas, Cameroon, Canada, China, South Korea, Côte d'Ivoire, Egypt, United Arab Emirates, United States, Guadeloupe, French Guiana, Hong Kong, Hungary, Indonesia, Iceland, Israel, Japan, Jordan, Kuwait, Lebanon, Liechtenstein, Morocco, Martinique, Mexico, Norway, New Caledonia, New Zealand, Poland, Czech Republic, Réunion Island, Russia, Saint Barthélémy, Saint Martin, Senegal, Singapore, Slovakia, Switzerland, Tahiti, Taiwan, Thailand, Turkey, Venezuela.

The Customer can also have the Products delivered to a legal person of their choice with a permanent residence in metropolitan France.

8.2. Contribution to preparation and delivery costs

The sum including VAT of the Customer’s contribution to order preparation (processing, dispatch) and delivery costs for the Order will be indicated to the Customer before final confirmation of the Order.

A fixed amount for packing and shipping charges will be invoiced to the Customer:

France Metropolitan: Fixed charges: 30 € incl. VAT, Free shipping from 600 € excl. tax purchase.

Europe, Switzerland and Corsica: Fixed charges: 60 € incl. VAT, Free shipping from 1 000 €excl. VAT purchase.

Outside Europe: According shipping costs defined before the validation of the Order.

8.3. Delivery period

The delivery period will be indicated to the Customer during the ordering process, prior to Order approval and before payment.

In all circumstances, the maximum delivery period is thirty (30) working days after making the Product Order, unless a specific case is indicated to the Client before making the Order.

If an Order contains Products which are delivered on different dates, the Customer can choose to receive the Products separately on the dates given on each Product page by contacting the Leblon Delienne Customer Services; this option is likely to involve a more significant Customer contribution to the order preparation and delivery costs, this will be indicated to them by Customer Services. If the Customer chooses to receive their Order in one delivery, they will receive the Order based on the latest delivery date.

If there is a delay in delivery, the Customer can back out of the sale under the terms set forth in article L114.-1 of the Consumer Code, unless the delay in delivery is attributable to the Customer, for example not being available to receive the delivery.

8.4. Place of delivery

A delivery is considered to have been made when the Customer physically takes possession of the Product at the place of delivery agreed with the Customer when placing the Order and, if applicable, with the carrier. Taking possession of the order is validated by the traceability and control system used by the carrier.

8.5. Collection of Products in case of absence

If the recipient is absent during delivery, the carrier will leave a non-delivery notice at the delivery address indicated by the Customer. The Products will be recovered or removed from the address based on the methods indicated by the carrier.

If they are not collected in the period indicated by the carrier, the Products will be returned to Leblon Delienne, who reserves the right to refund the price to the Customer, with delivery costs remaining the responsibility of the Customer.

8.6. Effect of delivery

The transfer of risk takes place at delivery, from the moment when the Customer physically takes possession of the Products at the delivery address indicated by the Customer, or from the Carrier.

Without prejudice to the period that the Customer has to exercise their right of withdrawal, from receiving the Products, it is the responsibility of the Customer or recipient to ensure that the delivered Products correspond to their Order, and to check the condition of the Products in relation to their Order.

The Customer (or, if applicable, the recipient) will formalise their acceptance of the delivery by signing the delivery receipt issued by the carrier.

If, during delivery, the external appearance of the packaging is not perfect, the Customer or the recipient of the Products will open the box in the presence of the carrier to check the condition of the Products. If there is damage arising during transport, the Customer must refuse the damaged products and tick “refused due to damage” on the return slip.

If there is clear damage to the packaging, the Customer must make all reservations and claims which appear justified; it is their responsibility, where applicable, to refuse the box.

Without prejudice to the guarantees that the Customer enjoys as part of article 9, for any complaint relating to an obvious defect or damage during delivery of the Product, the Customer must, as soon as possible, contact Customer Services in order to preserve the rights of Leblon Delienne with regards to the carrier, and also if the Product is still in the possession of the Customer, to start the returns procedure as set forth in article 9.4.

If a delivery is refused or a Product returned for the reasons given in the previous paragraph, the Customer can request a new delivery or cancellation of their order under the terms of article 9.1.3.

 

ARTICLE 9 - COMPLIANCE - WARRANTY - RIGHT OF WITHDRAWAL

 

9.1. Product compliance

9.1.1. The information and descriptions mentioned on each Product page, particularly the photographs, technical features and descriptions, are produced by Leblon Delienne or supplied by possible external service providers contractually linked to the company Leblon Delienne.

Pursuant to article L.111-1 of the Consumer Code, Leblon Delienne aims to inform the Customer and allow them to understand the essential characteristics of the Product.

Before dispatch, the Products delivered to the Customer will be subject to verification in order to ensure compliance with the description provided on the Website.

It is noted, however, that for technical reasons (photograph and computer), the actual performance of Products can be slightly different to the photographs presented on the Website.

9.1.2. However, where applicable, the specific warranty terms which the Customer benefits from with regards to the Product in question, the Products presented on the Website are subject to the legal warranty terms below.

According to article L.211-4 of the Consumer Code:

“The seller is required to deliver a product in accordance with the contract and respond to any lack of compliance which exists on delivery. They will also respond to any lack of compliance due to the packaging, assembly instructions or installation where they are liable for this under the contract or they were created under their responsibility”.

According to article L.211-8 of the Consumer Code:

“The buyer has the right to require the product to be compliant with the contract”.

According to article L.211-5 of the Consumer Code:

- According to article L.211-7 of the Consumer Code: “Lack of compliance which appears within six months after delivery of the product are presumed to have existed at the time of delivery, unless proven otherwise. The seller can counter this presumption if it not compatible with the nature of the product or the invoked lack of compliance.”

- According to article L.211-12 of the Consumer Code: “The action resulting from the lack of compliance shall expire two years after delivery of the product.”

9.1.3. In application of articles L.211-9 and L.211-10 of the Consumer Code, the repair of the consequences of a lack of compliance or hidden defects, duly established and confirmed as such by Leblon Delienne, must be decided by the Customer, unless this desire leads to a clearly disproportionate cost, taking into consideration the value of the product or the significance of the defect, in relation to another method, repair or replacement of the Product.

If the repair and replacement of the product are impossible, the Customer can return the product and receive a refund, or keep the product and receive a partial refund.

In these different examples, the Customer must contact Customer Services and agree on how to return the Product involved in accordance with the procedure set forth in the section « My Orders » on the Website.

Provided that it is well-founded, application of the provisions in articles L.211-9 and L.211-10 of the Consumer Code is without any cost for the buyer.

9.1.4 In the specific case of special operations for Products sold as second-hand, Leblon Delienne will indicate the possible defects of these Products. These defects will be taken into consideration when implementing article L.211-8 of the Consumer Code.

9.2. Extended warranty

Some Products enjoy an extended warranty. In these cases, the methods and duration of the warranty are detailed in the warranty card delivered with the Product. This does not cover damage, breakages or malfunction due to non-compliance with instructions for use.

To use the extended warranty, the Customer must contact Customer Services in order to learn of the specific procedure.

The product will be exchanged for an identical product. It will be delivered to the Customer at the expense of Leblon Delienne, unless there is a stock outage or the Product is no longer produced in this range. In the latter case, Leblon Delienne will refund the price of the Product to the Customer.

9.3. Warranty against hidden defects

- According to article 1641 of the Civil Code: « The seller is bound by the warranty due to hidden defects in the sold item which make it inappropriate for its intended use, or which reduces this use so much that the buyer would not have acquired it, or would have given it a lower price, if they had known ».

According to article 1642 of the Civil Code: « The seller is not bound by obvious defects for which the buyer can convince them themselves ».

According to article 1643 of the Civil Code: « They are bound by hidden defects, even if they were not known, unless in this case it was stipulated that they would not be obliged to any guarantee ».

According to article 1644 of the Civil Code: « In the case of articles 1641 and 1643, the buyer has the right to return the item and receive a refund, or to keep the item and receive a partial refund, as decided by experts ».

According to article 1645 of the Civil Code: « If the seller is aware of the defects in the item, they are bound, in addition to the refund, to all damages and interests to the buyer ».

According to article 1646 of the Civil Code: « If the seller is unaware of the defects in the item, they will only be required to pay a refund, and to reimburse all costs arising from the sale to the buyer. ».

According to article 1647 of the Civil Code: « If the item has defects due to its poor quality, the loss is for the seller, who will be responsible towards the buyer for a refund and other damages explained in the two previous articles. But any loss caused by unforeseeable circumstances will be borne by the buyer ».

According to article 1648 of the Civil Code: « Action resulting from critical defects must be made by the buyer within two years from discovering the defect ».

9.4. Right of withdrawal

9.4.1. Leblon Delienne believes that any Customer that is not happy with their ordered Products must be able to exercise their right of withdrawal, without penalties, in the best conditions.

Pursuant to articles L.121-20 et seq. of the Consumer Code, the legal right of withdrawal is fourteen clear days from receipt of the Product.

The Customer returning the Product as part of their right of withdrawal has the right to a refund for the Products ordered and the outgoing delivery costs. On proposal by Leblon Delienne, the Customer having exercised their right of withdrawal can however opt for an exchange or credit note.

9.4.2. To exercise this right of withdrawal, Leblon Delienne suggests that the Customer follows the procedure set forth in the section « My Orders » on the Website, or contacts Customer Services.

The refund will be made, at the latest, within fourteen days from the date when Leblon Delienne was informed of the Customer’s decision to withdraw. The refund can be delayed until recovery of the Product by the Leblon Delienne Returns department, or until the Customer has provided evidence of returning the Product, whichever is the earliest.

The refund will be made using the payment method used for the Order.

Only complete Products will be accepted for return or exchange (original packaging, accessories, notice…), and in a perfect condition for resale (not dirty, not damaged, not used). To make it easier to process your request and speed up your refund, we recommend that you return it with the return slip duly completed.

The Product return costs are the responsibility of the Customer, unless due to a lack of compliance or hidden defects in the Product.

9.4.3. If the right of withdrawal is only used for one part of the Order, only the price invoiced for the returned Products will be refunded.

If the Order is partially withdrawn, the Customer who benefited from free delivery when making their initial order due to exceeding a certain order amount could be charged for the corresponding delivery costs for their effective order, if the latter goes under the free delivery threshold.

9.4.4. As an exception, the right of withdrawal cannot be exercised for contracts listed in article L.121-21-8 of the Consumer Code, particularly supply contracts for items manufactured according to the customer’s specifications or which have been specially personalized, or which, due to their nature, cannot be reshipped or are likely to expire quickly.

Products which are excluded from the right of withdrawal are indicated as such to the Customer prior to the Order in the description.

9.5. Return procedure

Products must be returned to Leblon Delienne at the following address:

LEBLON DELIENNE

Returns Department,

12 rue de la Béthune

76270 - Neufchâtel-en-Bray

FRANCE

The products must be returned protected, and where possible in their original packaging. They must be in a perfect condition for resale. Any product which is returned incomplete, washed, damaged, deteriorated, dirty even partially will not be refunded or exchanged.

The customer will return the products. We recommend keeping evidence of the delivery to make it easier if there is a problem during transport.

Unless due to a lack of compliance or hidden defects in the Product, the product return costs are the responsibility of the Customer.

 

ARTICLE 10 - PRODUCT TERMS OF USE

 

10.1. Prior to any order and any use of the Products, the Customer must read all information provided on the Website, read about the features and components of the Products and ensure that they are compatible with the intended use.

The Product prices do not include the Customer’s contribution to order preparation (processing, dispatch) and delivery costs, which are the responsibility of the Customer. The total sum of their contribution to these costs are sent to the Customer, either through the Website or during their call to Customer Services, before their Order is approved.

10.2. The Customer agrees to always respect the recommendations for use indicated by the manufacturer on the packaging and the Product usage guidelines before use. For any additional information regarding Product features, the Leblon Delienne Customer Services are available to the Customer.

 

ARTICLE 11 - LIABILITY

 

11.1. Products presented on the website are compliant with current French legislation and applicable standards In France.

Leblon Delienne is only required to comply with applicable legal provisions in France. No regulation in the country of delivery and/or country from which the website is accessed can be applied to Leblon Delienne.

The Customer is solely responsible for respecting the applicable legislation in their country of residence or in the country of destination of the Products. They are responsible for receiving information from the applicable local authorities regarding import, export or usage limitations for the Products that they wish to order from the Website.

11.2. The Service provided by Leblon Delienne is limited to the supply of Products under the terms described in the General Terms and Conditions of Sale. Under no circumstances can Leblon Delienne be held liable for advice, recommendations and terms of use for the Products supplied by manufacturers on the Website or their instructions for use.

11.3. Leblon Delienne’s liability is limited to direct and foreseeable damages which can result from use of the Website and Products by the Customer. Leblon Delienne will not be held liable for damages incurred by the Customer due to improper use of the Products.

Leblon Delienne will not be held liable if the non-execution or poor execution of its obligations is attributable to the Customer, due to the unforeseen and insurmountable actions of an overseas third party when delivering the Products, or due to unforeseen, unstoppable and external force majeure.

Generally speaking, Leblon Delienne will not be held liable under any circumstances due to indirect or unforeseeable damages caused as part of the use of the Website or Product Order.

11.4. Leblon Delienne cannot be held liable due to (i) content available on other websites or internet sources accessible through hypertext links inserted into the Website (particularly due to advertising, products, services or any other information), nor (ii) damages of any kind which can arise for the Customer when visiting these websites.

The use of the Website implies understanding and acceptance by the Customer of the features and limits of the internet and related technologies, the lack of data protection against possible hacking or piracy and risk of damage due to possible viruses circulating on the network.

As Leblon Delienne is itself dependent on the quality of the internet network, it cannot guarantee the continuity of the Website and cannot ensure correction of faults found on the internet network. As a result, Leblon Delienne cannot be considered as responsible for any lack of availability of the Website or any problems with connection or interrupted connections (server, telephone line or any other malfunction) during use of the Website, or more generally any problems with the internet network affecting use of the Website. As part of this, Leblon Delienne is not responsible for sending forms to an incorrect or incomplete address, any computer errors or faults found on the Website.

11.5. Subject to contrary provisions, the Website can be accessed from any location, as long as the minimum technical requirements are respected, particularly in terms of access to the internet network, mobile telephone and technical compatibility of the equipment used by the Customer. Considering the global nature of the internet network, the Customer agrees to follow all rules of public order relating to the behaviour of users on the internet network and which are applicable in the country from which they are using the Website.

 

ARTICLE 12 - ELECTRONIC FILE - PERSONAL DATA PROTECTION

 

12.1. In order to process the orders, Leblon Delienne processes personal data about the Customer which is identified as mandatory on the forms on the Website.

12.2. Leblon Delienne agrees to respect the confidentiality of personal data sent by Customers to the Website and to process them in accordance with the French Data Protection Act of 6 January 1978 modified and currently valid.

The Leblon Delienne database created for this purpose is subject to a declaration with the CNIL, in accordance with the requirements of the French Data Protection Act.

12.3. The Customer’s personal data is collected and processed by Leblon Delienne to process the Orders.

Depending on the choice made when creating or consulting their accounts on the Website, the Customer will choose whether they would like to receive marketing or promotional offers by email from Leblon Delienne and/or its partners. If a Customer no longer wishes to receive these offers, they can at any time make a request by clicking on an electronic link available in emails and the newsletter or by modifying their account directly at the website http://leblon-delienne.com.

12.4. Leblon Delienne may be required to send this data for processing and delivery of orders by its service providers, or for customer care, and to complete customer satisfaction surveys. In addition, Leblon Delienne can also send this data if required by the legal or administrative authorities.

12.5. The Customer can exercise their right to access the file, the right to oppose, rectify or remove their data, either by changing their personal information on the « My Account » space in the « Help »section, or by directly sending a request to Leblon Delienne (by indicating their email address, surname, first name and postal address), by email to the address info@leblon-delienne.com or by post to the following address: Leblon Delienne Customer Services - 12 rue de la Béthune – 76270 Neufchâtel-en-Bray, France.

12.6. The Website is designed to be particularly attentive to Customer needs. It therefore uses cookies, which are used to indicate that the Customer has accessed the Website to create their basket.

Cookies are kept on the Customer’s hard drive for six (6) months.

The Customer can oppose the storage of cookies on the hard drive of their computer by configuring their browser in the following way:

For Mozilla Firefox:

-  choose the « tool » menu;

-  click on the « Clear private data » icon ;

-  go to the « cookies » menu and select the options that you wish.

For Microsoft Internet Explorer 6.0, 7.0 and 8.0:

-  choose the « Tools » menu « », then « Internet Options » « »;

-  click on the « Confidentiality » tab « »;

-  select the desired level using the cursor.

 

ARTICLE 13 - SUSPENSION - TERMINATION 

 

The Customer can terminate their registration to the Website at any time and close their account. The Customer will send their termination request to Customer Services.

If the Customer has not fulfilled one of its contractual obligations, particularly regarding payment, Leblon Delienne reserves the right to suspend Customer access to the Website and Leblon Delienne’s services, or even terminate their account depending on the seriousness of the incidents. Leblon Delienne reserves the right to refuse any order for a Customer with which it has any dispute.

 

ARTICLE 14 - INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS 

 

All items published on the Website, such as sound, images, photographs, videos, writing, animations, programs, visual identity, databases, software and other underlying technology is protected by the provisions of the Intellectual Property Code and belong to Leblon Delienne.

The Leblon Delienne brand, as well as all figurative or non-figurative brands and more generally all other brands, illustrations, images and logos on the items, their accessories or packaging, whether registered or not, are and remain the exclusive property of Leblon Delienne, with the exception of rights held on product visuals, brands, licences and logos of suppliers of Products presented on the Website.

Any total or partial reproduction, modification or use of these brands, illustrations, images and logos, for any reason and in any form, without the express prior agreement of Leblon Delienne, is strictly forbidden.

Beyond a request made on its part, Leblon Delienne forbids the use of a hypertext link to the Website. Any Customer who wishes to place a link directly to the Website home page from their personal website must request Leblon Delienne’s prior express authorization.

 

ARTICLE 15 - OTHER

 

15.1. Partial invalidity If one or several of the provisions of the General Terms and Conditions of Sale were considered to be unlawful or unenforceable by a competent court, the other provisions will remain valid and will retain their scope and effect.

15.2. Agreement regarding evidence Acceptance of these General Terms and Conditions of Sale electronically has the same evidentiary value as an agreement on paper between the parties.

The information issued by this Website shall prevail between the parties. The computer records will be kept in the Leblon Delienne computer systems with reasonable security measures and can constitute evidence, available to the Customer, of exchanges, orders and payments made on the Website or by email. The scope of evidence for information provided by the Leblon Delienne computer systems is the same as the scope given to an original written and signed document.

It is expressly agreed that Leblon Delienne and the Customer can communicate electronically or by telephone via Customer Services. Technical security measures are provided to ensure confidentiality of the exchanged data.

Leblon Delienne and the Customer agree that the emails exchanged between them validly prove their exchanges and where applicable their commitments, particularly regarding the transmission and acceptance of orders.

15.3. Conservation and archiving

Archiving of contractual documents is carried out on a reliable and durable backup corresponding to a reliable and durable copy which can be produced as evidence.

You can access archived contracts by sending a request by email to info@leblon-delienne.com.

15.4. Waiver

If Leblon Delienne or the Customer does not exercise one of their rights as part of the General Terms and Conditions of Sale, this does not imply waiver of this right and to exercise it at a later date, and such a waiver can only take place via an express declaration.

15.5. Force majeure

Execution by Leblon Delienne of all or part of its obligations, particularly regarding delivery, will be suspended if there is any unforeseen circumstances or force majeure which impedes or delays execution.

This includes but is not limited to war, riots, uprising, civil unrest and major scale strikes.

Leblon Delienne will inform its Customers of any unforeseen circumstances or force majeure within seven days of it arising. If this suspension exceeds a period of fifteen days, the Customer will be able to terminate the order in progress, and receive a refund for the Products ordered and the delivery costs paid.

 

ARTICLE 16 - SUSPENSION - TERMINATION

 

The General Terms and Conditions of Sale are subject to French law. Only the French version of these General Terms and Conditions of Sale shall prevail.

If a difficulty arises when making the Order, regarding delivery of the Products or more generally execution of the sale, the Customer will be able, before any legal action, to reach an amicable solution, particularly with the assistance of a consumer association or any other advice of their choice.

Any dispute likely to result from the interpretation or execution of the General Terms and Conditions of Sale and its effects will be brought before the competent courts.

The General Terms and Conditions of Sale will also apply to the relationship with any user of the Website who does not place an Order, particularly articles 11 to 15.

The refund will be made several days after receipt of the Product by the Returns department according to the payment method used for the Order, and at the latest within thirty (30) days following receipt of the right of withdrawal.