PART 1: GENERAL TERMS AND CONDITIONS OF SALE - SALE TO INDIVIDUALS
1 - The leblon-delienne.com website published by LEBLON DELIENNE SAS, a simplified joint stock company with a capital of €280,000, whose registered office is located at NEUFCHATEL EN BRAY (76270) at 12 rue de la Béthune, registered under the SIRET number 839 676 699
Leblon Delienne is the author of the offer to sell the products presented on its website: https://leblon-delienne.com
2 - The present General Conditions of Sale apply between Leblon Delienne and the Customer of the Internet Site
The General Conditions of Sale, as well as the order form and the order confirmation constitute the sales contract between the Customer and Leblon Delienne relating to the sale of the Products ordered.
Any order placed on the Website requires that the Customer accepts the General Terms and Conditions of Sale in their entirety beforehand and without reservation. If the Customer does not agree with the terms and conditions of 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 prior notice, the adaptations or modifications then being applicable to all orders subsequent to these adaptations or modifications.
In the event of modification, the General Terms and Conditions of Sale applicable to the Customer's order are those that were online and that the Customer accepted on the day of placing the Order.
3 - For any information concerning the execution of an Order, or the processing of a claim, the Client should contact the Client Service:
- By phone: +33 (0) 2 32 97 35 21 (no surcharge, price of a local call or a call from abroad to France) from Monday to Friday from 9am to 6pm
- By post to the following address: 12, rue de la Béthune - 76270 NEUFCHATEL-EN-BRAY - FRANCE
- By email : email@example.com
ARTICLE 1 - DEFINITION
The terms and expressions identified by a capital letter in the General Terms and Conditions of Sale have the meanings set out below (whether used in the singular or plural).
- General Terms and Conditions of Sale": refers to this document, i.e. the terms and conditions applying to the relationship between Leblon Delienne and the Customer
- Order": means the Customer's purchase order for one or more Products placed using the Website or via the Customer Service
- Website" means the website accessible at https://leblon-delienne.com and/or at any other address with a different extension
- Product" means a product offered for sale on the Website
- Customer": refers to a natural person of legal age who is a consumer and who uses the Website and acquires one or more Products, for his or her personal needs, through the Website, having previously adhered to the General Sales Conditions
ARTICLE 2 - OBJECT
The General Terms and Conditions of Sale define the rights and obligations of Leblon Delienne and the Customer in the context of the sale of Products by Leblon Delienne on the Internet Site or through the Customer Service of the Site set up by Leblon Delienne.
Any use of the Website and any placing of an Order for one or more Products through the Website implies pure and simple acceptance of all the General Terms and Conditions of Sale
The General Conditions of Sale are reserved for consumer buyers and professionals.
Only persons legally capable of entering into contracts concerning the Products offered for sale on the Website may place an Order on the Website. When placing an order, the Customer warrants that he/she has full legal capacity to accept the General Terms and Conditions of Sale, place an Order and conclude a sale.
ARTICLE 3 - CREATE AN ACCOUNT
To order Products on the Website, the Customer must create an account by providing the information required in the registration form.
To this end, the Customer declares that he/she will provide complete and accurate personal information that will enable him/her to be accurately identified in any situation. Any false or slanderous personal information may lead to the closure of the Customer's account and the cancellation of the Order.
When creating an account, the Customer chooses an identifier and a password. The Customer undertakes to keep his login and password confidential.
This account will be accessible at any time by the Customer thanks to his identifiers
The Customer is responsible for all actions carried out on the Web Site using his/her login and password. Any user registered on the Website shall be bound by any Order placed by entering his/her login details, subject to the right of withdrawal set out in Article 9.4.
ARTICLE 4 - ORDERING METHODS
4.1. The Customer may place an Order directly on the Web Site, after having entered his or her login details, in accordance with Article 3.
4.2 By browsing the various sections of the Website, the Customer can place the Products of his/her choice in his/her shopping basket by clicking on the "Buy" button. At any time and until the total order is confirmed, the Customer may change his/her mind, change the quantities and cancel one or more of the Products chosen.
Each of the steps necessary for the sale are specified on the Website.
Any information on the Products can be given, in French or in English, directly by the Customer Service Department at: +33 (0) 2 32 97 35 21 (non surcharged call, price of a local call or price of a call from abroad to France).
For any request for information or any Order, the Customer shall bear the cost of telecommunication when accessing the Internet and using the Website, or when calling the Website's Customer Service.
4.3. En application des dispositions de l'article 1369-5 du Code civil, le Client aura la possibilité de vérifier le détail de sa Commande et son prix total et, le cas échéant, de la corriger ou la modifier avant de confirmer définitivement sa commande pour exprimer son acceptation.
Leblon Delienne cannot be held responsible for any input errors made by the Client, nor for their possible consequences in terms of delay or error in delivery. In these hypotheses, the expenses generated by a possible forwarding will be the responsibility of the Customer.
4.4. Once the contents of the shopping basket have been validated, the Customer must :
- complete all the information requested, including that relating to the content and terms of payment;
- declare that they accept without reservation the entirety of the General Terms and Conditions of Sale.
After having filled in or modified this information and subject to having expressly accepted the General Terms and Conditions of Sale, the Customer will finalise his order by clicking on the "Confirm Order" Button on the payment page.
Validation of the Order by the Customer implies acceptance of the prices and characteristics of the Products purchased by the Customer.
ARTICLE 5 - ORDERING METHODS - CONFIRMATION
5.1. Once the Order has been validated by the Client in accordance with the terms of article 4.4, a confirmation e-mail, acknowledging receipt of the Order and containing all of this information, shall be sent by Leblon Delienne to the Client as soon as possible.
5.2. The Order shall only be considered definitive once Leblon Delienne has sent the Client the confirmation email referred to in article 5.1, and the sale of the Product(s) shall only be confirmed once the Client has paid the corresponding price.
5.3. The offers of Products and prices are valid as long as they appear on the Website, it being specified that the Website is updated daily.
The Product offers are subject to availability of stock. In the event that a Product is unavailable, in particular due to a stock shortage, Leblon Delienne undertakes, on the one hand, to remove it from the Internet Site as soon as possible.
Commercial or promotional operations are mentioned as such on the website and indicate their period of validity.
5.4. In the event that a Product ordered by the Client is unavailable, in particular due to a halt in production or distribution by a supplier, Leblon Delienne undertakes to inform the Client by e-mail as soon as it becomes aware of this unavailability.
Leblon Delienne will then indicate to the Client, if applicable, the new deadline within which the product concerned will be made available and will propose, if there is one, an equivalent Product.
If the Customer refuses to wait for the product to become available, or refuses an equivalent product, the Customer will be reimbursed the price of the Product if his/her bank account has been debited, within 14 days of the date of confirmation of this refusal.
5.5. In accordance with the provisions of article L.122-1 of the Consumer Code, Leblon Delienne is entitled to refuse any Order for legitimate reasons, in particular in the event of a payment problem, foreseeable difficulty with delivery, abnormal order or order placed in bad faith. Leblon Delienne also reserves the right to ask for proof of identity by e-mail and/or telephone, in which case the Client will have the option of cancelling the Order. Upon receipt of the order, Leblon Delienne shall be entitled to refuse the order in the event that the prices displayed online or resulting from the Order are derisory to the actual selling price of the Product, in particular due to an error or technical malfunction and/or computer bug.
ARTICLE 6 - ORDERING METHODS - PRODUCT PRICES
6.1. The price of the Products indicated on the Website is in Euros, all taxes included.
The price of the Products does not include the Customer's contribution to the costs of logistical preparation (processing, shipping) and delivery, which shall be borne by the Customer. The total amount of the Customer's contribution to these costs shall be communicated to the Customer, either when he/she connects to the Web Site or when he/she calls Customer Services, before proceeding with the validation of his/her Order.
6.2. For deliveries of Products outside the French territory, the provisions of the General Tax Code regarding VAT shall apply. For deliveries outside the European Union, the Customer shall pay any customs duties, VAT or other taxes due on the importation of the Products into the country of delivery.
The related formalities are the exclusive responsibility of the Customer, unless otherwise specified. The Customer is solely responsible for verifying the possibility of importing the ordered products with regard to the laws of the country of delivery.
6.3. Leblon Delienne reserves the right to modify the prices at any time and without prior notice, but the price applicable to the Customer's Order shall remain the one indicated in the summary of his shopping basket when validating his order. The prices displayed online or resulting from the Order are guaranteed, unless they prove to be, in particular due to an error or technical malfunction, computer bug, derisory to the real selling price of the Product.
ARTICLE 7 - PAYMENT
7.1. Scope of payment
The price of the Products and the costs of logistics preparation and delivery are payable in full by the Customer at the time of the Order.
The Customer also undertakes to pay, where applicable, directly to the forwarding agent or carrier, any customs duties, VAT or other taxes due on the import of the products into the country of delivery.
7.2. Payment Method
The Customer may pay for the Order by credit card, in a secure environment, according to the methods proposed on the Website.
The payment order made by credit card may not be cancelled. Payment of the Order by the Customer is irrevocable, without prejudice to the Customer's right of withdrawal.
For orders placed via the website https://leblon-delienne.com, or by telephone via Customer Service, the Customer confirms and guarantees that he/she is the holder of the bank card used and that the latter gives access to sufficient funds to cover the payment of the Order.
The Customer's bank account shall be debited after a period of one (1) day following the date of confirmation of the Order. Payment shall be considered effective once the bank payment centres have confirmed their agreement.
The Client may also pay for the Sales Order by bank transfer made out to Leblon Delienne (bank details to be provided upon acceptance by Leblon Delienne customer service). Should the bank transfer not be received within 7 days of confirmation of the Order by Leblon Delienne or should the bank reject the transfer, Leblon Delienne reserves the right to cancel the Order.
The Client guarantees Leblon Delienne that it has the necessary authorisations to use these methods of payment when placing the Order
In general, the Client guarantees Leblon Delienne, at the time of placing the Order, that he/she is fully authorised to use the means provided for the payment of his/her order and that he/she has the necessary authorisations to use the method of payment concerned.
The Internet Site is subject to one of the most effective security systems, in order to protect all sensitive data linked to the means of payment. Leblon Delienne never has access to confidential information relating to the said means of payment, which is why these elements are requested for each Order from the Client.
7.3. Default of payment and retention of title
The ordered Products remain the property of Leblon Delienne until the final and integral payment of the selling price. In case of delivery and of default of payment, Leblon Delienne has the right to claim the ordered products, the Customer committing himself to return any unpaid Product, all expenses at his expense.
ARTICLE 8 - DELIVERY
8.1. Place of delivery
In principle, once the Sales Order has been paid for, the Products will be delivered to the delivery address indicated by the Client when the Sales Order was placed. An e-mail will be sent to the Client to inform them that the Products have been dispatched.
Leblon Delienne ensures the delivery of the Orders in the following countries and territories: France and continental Europe, Andorra, Australia, Bahamas, Cameroon, Canada, China, Ivory Coast, Egypt, Guadeloupe, French Guyana, Hong Kong, Hungary, Iceland, Indonesia, Israel, Japan, Jordan, Saudi Arabia, South Africa, United Arab Emirates, United States, Kuwait, Lebanon, Liechtenstein, Morocco, Martinique, Mexico, Norway, New Caledonia, New Zealand, Poland, Czech Republic, Reunion, Russia, Saint Barthélémy, Saint Martin, Senegal, Singapore, Slovakia, Switzerland, Tahiti, Taiwan, Thailand, Turkey, United Arab Emirates, Venezuela.
The Customer also has the option of having the Products delivered to a natural person of his or her choice whose permanent address is in metropolitan France.
8.2. Contribution to preparation and delivery costs
The amount of the Customer's contribution to the costs of logistical preparation (processing; shipping) and delivery of the Order, inclusive of all taxes, shall be indicated to the Customer prior to the final validation of the Order. Our invoices shall be increased by the cost of transport and packaging, in accordance with the transport costs announced before the order is definitively confirmed.
8.3. Delivery time
The delivery time will be indicated to the Customer during the Order placement process, prior to the validation of the Order and before payment.
In any event, the maximum delivery time shall be forty-five (45) working days from the date the Product is ordered, unless otherwise indicated to the Customer before the Order is placed.
If an Order contains Products that can be delivered on different dates, the Client may choose to receive the Products separately according to the dates indicated on each Product sheet by contacting Leblon Delienne's Customer Service; however, this option is likely to entail a greater contribution by the Client to the costs of logistical preparation and delivery, which will be indicated to the Client by Customer Service. If the Customer chooses to receive their Order in one go, they will receive their Order according to the latest delivery date.
In the event of late delivery, the Customer may cancel the sale in accordance with the conditions set out in Article L.114-1 of the French Consumer Code, provided that the delay in delivery is not attributable to the Customer, in particular in the event of unavailability to receive the delivery.
8.4. Place of delivery
A delivery shall be deemed to have been made as soon as the Customer takes physical possession of the Product at the place of delivery agreed with the Customer when the Order was placed and, where applicable, with the carrier. The taking of possession of the Product is validated by the control and traceability system used by the carrier.
8.5. Withdrawal of Products in case of absence
If the recipient is absent at the time of delivery, the carrier will leave a notice of delivery at the delivery address indicated by the Customer. The Products must then be collected or picked up at the address and in the manner indicated by the carrier.
If the Products are not collected within the time limit set by the carrier, they shall be returned to Leblon Delienne, which reserves the right to reimburse the Customer for the price of the Products, with the shipping costs remaining payable by the Customer.
8.6. Effect of delivery
The transfer of risks occurs upon delivery, when the Customer takes physical possession of the Products at the delivery address indicated by the Customer, or from the Carrier.
Without prejudice to the period of time available to the Client to exercise his/her right of withdrawal, upon receipt of the Products, it is the Client's or recipient's responsibility to ensure that the Products delivered correspond to his/her Order, and to check the condition and conformity of the Products in relation to his/her Order.
The Customer (or, if applicable, the recipient) shall formalise its acceptance of the delivery by signing the delivery receipt issued by the carrier.
If, upon delivery, the external appearance of the package is not perfect, the Customer or the recipient of the Products shall open the package in the presence of the carrier in order to check the condition of the Products. In the event of damage resulting from transport, the Customer must refuse the damaged Products and indicate "refusal for damage" on the return form.
In the event of an apparent defect in the package, the Customer must make any reservations and claims that appear justified; it is up to the Customer, if necessary, to refuse the package.
Without prejudice to the guarantees from which the Client benefits under Article 9, for any claim relating to an apparent defect or damage upon delivery of the Product, the Client shall contact Customer Service as soon as possible in order, on the one hand, to preserve the rights of Leblon Delienne vis-à-vis the carrier and, on the other hand, in the event that the Product is still in the possession of the Client, to initiate the return procedure under the conditions set forth in Article 9.4.
In the event of a refusal of delivery or return of the Product for the reasons referred to in the previous paragraph, the Customer may request a new delivery or cancellation of the order under the conditions of article 9.1.3.
ARTICLE 9 - CONFORMITY - GUARANTEE - RIGHT OF WITHDRAWAL
9.1. Product conformity
9.1.1. The information and descriptions mentioned for each Product sheet, in particular the photographs, technical characteristics and descriptions, are produced by Leblon Delienne or supplied by any external service providers contractually linked to the company Leblon Delienne.
In accordance with Article L.111-1 of the Consumer Code, Leblon Delienne aims to inform the Client and enable him/her to know the essential characteristics of the Product.
Before shipment, the Products delivered to the Customer are checked to ensure that they conform to the description given on the Website.
It is however specified that, for technical reasons (photographic and computer), the actual rendering of the Products may sometimes differ slightly from that of the photographs presented on the Site.
9.1.2. Notwithstanding, where applicable, the specific warranty conditions from which the Customer benefits in respect of the Product in question, the Products presented on the Website are subject to the following legal warranty conditions.
According to Article L.211-4 of the Consumer Code:
"The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
According to Article L.211-8 of the Consumer Code:
"The buyer is entitled to demand that the goods conform to the contract.
According to Article L.211-5 of the Consumer Code:
- According to Article L211-7 of the Consumer Code: "Defects of conformity which appear within six months of delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity."
- According to Article L211-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
9.1.3. In application of articles L.211-9 and L.211-10 of the Consumer Code, the repair of the consequences of the lack of conformity or hidden defects, duly established and confirmed as such by Leblon Delienne, is up to the Client to decide, unless this wish entails a cost that is clearly disproportionate, taking into account the value of the good or the importance of the defect, in relation to the other modality, the repair or replacement of the Product.
If repair and replacement of the goods is not possible, the Customer may return the goods and have the price refunded or keep the goods and have part of the price returned.
In these different cases, the Customer must contact Customer Services and agree on the terms of return of the Product concerned by following the procedure set out in the "My Orders" section of the Website.
Insofar as it is founded, the application of the provisions of articles L. 211-9 and L. 211-10 of the Consumer Code shall take place at no cost to the buyer.
9.1.4 In the specific case of special operations of Products not sold new, Leblon Delienne will specify the possible defects of the Products. These defects will be taken into account in the event of implementation of article L.211-8 of the Consumer Code.
9.2 Extended warranty
Some Products have an extended warranty. In these cases, the terms and conditions and duration of the warranty are specified in the warranty card delivered with the Product. This warranty does not cover damage, breakage or malfunction resulting from failure to observe the precautions for use.
For the implementation of the extended warranty, the Customer must contact the Customer Service Department in order to be informed of the specific procedure resulting from it.
The product will be exchanged for an identical product. It will be delivered to the Customer at the expense of Leblon Delienne, except in the event of a stock shortage or disappearance of the Product from the proposed range. In the latter case, Leblon Delienne will refund the price of the Product to the Customer.
9.3. Warranty for hidden defects
- According to Article 1641 of the Civil Code: "The seller is liable for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would only have paid a lesser price for it, if he had known of them.
According to Article 1642 of the Civil Code: "The seller is not liable for apparent defects of which the buyer has been able to convince himself".
According to Article 1643 of the Civil Code: "He is liable for hidden defects, even if he did not know about them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.
According to Article 1644 of the Civil Code: "In the case of Articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned, as arbitrated by experts.
According to Article 1645 of the Civil Code: "If the seller knew of the defects of the thing, he is bound, in addition to the restitution of the price he received, to pay all damages to the buyer.
According to Article 1646 of the Civil Code: "If the seller was unaware of the defects of the thing, he will only be obliged to refund the price, and to reimburse the buyer for the costs incurred by the sale.
According to Article 1647 of the Civil Code: "If the thing that had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and the other compensations explained in the two previous articles. But the loss which has occurred by chance shall be for the account of the buyer.
According to Article 1648 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect".
9.4. Right of withdrawal
9.4.1. Leblon Delienne considers that any Customer who is not satisfied with the Products ordered must be able to exercise his right of withdrawal under the best possible conditions. Prior to any return of a Product, the Customer must notify his intention to withdraw by sending an email to the following address: firstname.lastname@example.org.Conformément. In accordance with articles L.121-20 and following of the Consumer Code, the legal deadline for the right of withdrawal is fourteen clear days from receipt of the Product.
The costs of returning the products are to be borne by the Customer. The transport of the returned products is the responsibility of the Customer.
The Customer returning the Product within the framework of the exercise of his right of withdrawal, has the right to the reimbursement of the price of the ordered Products. On the proposal of Leblon Delienne, the Customer having exercised his right of withdrawal may however opt for an exchange or the issue of a credit note.
9.4.2. To exercise this right of withdrawal, Leblon Delienne suggests that the customer follows the procedure provided for in the "My Orders" section of the Website or contacts Customer Service.
The refund will be made, at the latest, within fourteen days from the date on which Leblon Delienne is informed of the Customer's decision to withdraw. The reimbursement may be deferred until the Product has been recovered by the Leblon Delienne Returns Department or until the Customer has provided proof of shipment of the Product, the date retained being that of the first of these facts.
The refund will be made according to the payment method used for the Order.
Only complete Products (original packaging, accessories, instructions, etc.) and in perfect condition for resale (not soiled, not damaged, not worn) will be accepted for return or exchange. To facilitate the processing of your request and to speed up the refund, we recommend that you send us the return form carefully filled in.
The cost of returning the goods of the Product shall be borne by the Customer, except in the case of a proven lack of conformity or hidden defects of the Product.
9.4.3 If the right of withdrawal is used for only part of the Order, only the price invoiced for the returned Products will be refunded.
9.4.4. By way of exception, the right of withdrawal may not be exercised for the contracts listed in Article L121-21-8 of the Consumer Code, including in particular contracts for the supply of goods made to the consumer's specifications or clearly personalised or which, due to their nature, cannot be returned or are likely to expire quickly.
The Products concerned by the exclusion of the right of withdrawal are indicated as such to the Customer, prior to the Order, in the description sheets
9.5. Return procedure
The Products must be returned to Leblon Delienne at the following address
12 rue de la Béthune
76270 - Neufchâtel-en-Bray
The products must be returned properly protected and in their original packaging. They must be in perfect condition for resale. Any product returned incomplete, damaged, washed, damaged, soiled, even partially, will not be refunded or exchanged.
The customer returns the products. We recommend keeping a proof of return to facilitate procedures in case of problems during transport.
Except in the case of lack of conformity or hidden defects in the Product, the cost of returning the goods shall be borne by the Customer.
ARTICLE 10 - CONDITION OF USE OF THE PRODUCTS
10.1. Before ordering and using any Products, the Customer must read all the information provided on the Website, find out about the characteristics and components of the Products and ensure that they are compatible with the use he/she wishes to make of them.
The prices of the Products do not include the Customer's contribution to the costs of logistical preparation (processing; shipping) and delivery, which shall be borne by the Customer. The total amount of the Customer's contribution to these costs shall be communicated to the Customer, either when he/she connects to the Web Site or when he/she calls Customer Services, before proceeding with the validation of his/her Order.
10.2. The Customer undertakes to systematically respect the advice for use indicated by the manufacturer on the packaging and on the instructions for use of the Products before any use. For any additional information concerning the characteristics of the Products, Leblon Delienne's Customer Service is available to the Customer.
ARTICLE 11 - RESPONSABILITY
11.1. The products presented on the Website comply with the French legislation in force and the standards applicable in France.
Leblon Delienne undertakes exclusively to respect the legal provisions applicable in France. No regulation specific to the country of delivery and/or consultation of the Internet Site could be opposed to Leblon Delienne.
The Customer is solely responsible for complying with the regulations applicable in his country of residence or in the country of destination of the Products. It is the Customer's responsibility to obtain information from the local authorities concerned about any restrictions on the import, export or use of the Products that the Customer intends to order on the Website.
11.2. The service provided by Leblon Delienne is limited to the supply of the Products under the conditions described in the General Conditions of Sale. Under no circumstances shall Leblon Delienne be held liable for the advice, recommendations and conditions of use of the Products provided by the manufacturers on the Internet Site or in their instructions for use.
11.3. The liability of Leblon Delienne is limited to direct and foreseeable damage that may result from the use by the Customer of the Internet Site and the Products. Leblon Delienne shall not be liable for any damage resulting from a fault of the Customer in the use of the Products.
Leblon Delienne shall not be held liable if the failure to perform or improper performance of its obligations is attributable to the Client, to the unforeseeable and insurmountable act of a third party unrelated to the delivery of the Products, or to an unforeseeable, irresistible and external event of force majeure.
In general, Leblon Delienne shall under no circumstances incur any liability for indirect or unforeseeable damage caused by the use of the Website and the Ordering of Products.
11.4. Leblon Delienne may not be held liable under any circumstances for (i) the content available on other websites or Internet sources accessible by means of hypertext links inserted on the Website (and in particular because of advertising, products, services or any other information), nor (ii) any damage of any kind that may be suffered by the Customer as a result of a visit to these sites.
The use of the Website implies the knowledge and acceptance by the Customer of the characteristics and limits of the Internet and the technologies linked to it, the lack of protection of certain data against possible misappropriation or piracy and the risks of contamination by possible viruses circulating on the network.
As Leblon Delienne is itself dependent on the quality of the Internet network, it does not guarantee the continuity of the Internet Site and does not ensure the correction of defects observed on the Internet network. Consequently, Leblon Delienne shall not be held responsible for any unavailability of the Website or any difficulty in connecting or interrupting the connection (malfunction of the servers, telephone line or any other technical connection) when using the Website or, more generally, for any disruption of the Internet network, affecting the use of the Website. In this context, Leblon Delienne is not responsible for the sending of forms to an erroneous or incomplete address, for any computer errors or defects noted on the Site.
11.5 Subject to provisions to the contrary, the Website is accessible from any location, provided that minimum technical conditions are met, particularly in terms of access to the Internet network, mobile telephony and the technical compatibility of the equipment used by the Customer. Given the global nature of the Internet network, the Customer agrees to comply with all the rules of public order relating to the behaviour of users of the Internet network and applicable in the country from which he/she uses the Website.
ARTICLE 12 - ELECTRONIC FILE - PROTECTION OF PERSONAL DATA
12.1. In order to process orders, Leblon Delienne processes personal data concerning the Customer, identified as mandatory in the forms on the Website.
12.2. Leblon Delienne undertakes to respect the confidentiality of the personal data communicated by the Clients on the Internet Site and to process them in accordance with the French Data Protection Act of 6 January 1978, as amended and currently in force.
The database created by Leblon Delienne for this purpose has been declared to the CNIL, in accordance with the requirements of the Data Protection Act.
12.3. The Client's personal data shall be collected and processed by Leblon Delienne for the purpose of expediting the Order.
Depending on the choices made when creating or consulting their accounts on the Website, the Customer will choose whether they wish to receive from Leblon Delienne and/or its partners, commercial or promotional offers by e-mail. If a Customer no longer wishes to receive such offers, they may at any time request to do so by clicking on an electronic link available in emails and newsletters or by changing their account directly on the website https://leblon-delienne.com.
12.4. Leblon Delienne may be required to communicate this data for the purposes of processing and delivering orders by its service providers, or for after-sales service, and to carry out satisfaction surveys. Furthermore, Leblon Delienne may also communicate this data to respond to an injunction from the judicial or administrative authorities.
12.5. The Customer may exercise his individual right of access to the file, his right of opposition, rectification or deletion for the data concerning him, either by modifying himself his personal information on the space "My Account" in the heading "Help", or by addressing his request to Leblon Delienne (by indicating e-mail address, surname, first name, postal address), by e-mail to the address email@example.com or by postal mail to the following address Leblon Delienne Customer Service - 12 rue de la Béthune - 76270 Neufchâtel-en-Bray, France.
12.6. The Website is designed to be particularly attentive to the needs of Customers. Cookies are used to indicate the Customer's visit to the Website in order to build up a shopping basket.
Cookies are stored on the Customer's hard drive for six (6) months.
The Customer may oppose the recording of these cookies on the hard disk of his computer by configuring his browser in the following way:
For Mozilla Firefox :
- choose the "tool" menu;
- click on the "Clear my tracks" icon;
- Locate the 'cookie' menu and select the options that suit you.
For Microsoft Internet Explorer 6.0, 7.0 et 8.0 :
- select the 'Tools' menu, then 'Internet Options';
- click on the "Confidentiality" tab;
- Select the desired level with the cursor.
ARTICLE 13 - SUSPENSION - CANCELLATION
The Customer may terminate his registration on the Website and close his account at any time. The Customer shall send his termination request to the Customer Service.
In the event of the Client failing to fulfil any of its contractual obligations, in particular in the event of a payment incident, Leblon Delienne reserves the right to suspend the Client's access to the Internet Sites and to the services of Leblon Delienne, or even to terminate its account depending on the degree of seriousness of the failures. Leblon Delienne reserves the right to refuse any order from a Customer with whom there is any dispute.
ARTICLE 14 - INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All of the elements published on the Website, such as sounds, images, photographs, videos, writings, animations, programs, graphic charter, utilities, databases, software and other underlying technology are protected by the provisions of the Intellectual Property Code and belong to Leblon Delienne.
The Leblon Delienne brand, as well as all the figurative or non-figurative brands and more generally all the other brands, illustrations, images and logos appearing on the articles, their accessories or their packaging, whether registered or not, are and shall remain the exclusive property of Leblon Delienne, with the exception of the rights held on the visuals of the products, brands, licences and logos of the suppliers of the Products presented on the Internet Site.
Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior agreement of Leblon Delienne, is strictly forbidden.
Apart from any solicitation on its part, Leblon Delienne prohibits any hypertext link to the Internet Site. A Client wishing to place a link on his personal Internet site referring directly to the home page of the Internet Site, must first request the express authorisation of Leblon Delienne.
ARTICLE 15 - OTHERS
15.1 Partial invalidity In the event that one or more of the provisions of the General Terms and Conditions of Sale are deemed unlawful or unenforceable by a competent court, the other provisions shall remain in force and retain their scope and effect.
15.2. Agreement on proof The acceptance of the General Terms and Conditions of Sale by electronic means has the same evidential value between the parties as the agreement on paper.
The information provided by the Internet Site is authentic between the parties. The computerised registers will be kept in the computer systems of Leblon Delienne in reasonable conditions of security and may constitute a means of proof, available to the Client, of exchanges, orders and payments made on the Internet Site or by electronic mail. The scope of the proof of the information delivered by the computer systems of Leblon Delienne is that which is granted to an original in the sense of a written paper document, signed.
It is expressly agreed that Leblon Delienne and the Client may communicate with each other electronically or by telephone via the Client Service. Technical security measures are provided to ensure the confidentiality of the data exchanged.
Leblon Delienne and the Client agree that the e-mails exchanged between them are valid proof of the content of their exchanges and, where applicable, of their commitments, particularly with regard to the transmission and acceptance of orders.
15.3. Retention and archiving
The contractual documents are archived on a reliable and durable medium so as to correspond to a faithful and durable copy that can be produced as proof.
You can access archived contracts by sending an e-mail request to firstname.lastname@example.org.
The fact that Leblon Delienne or the Client does not exercise one of its rights under the General Terms and Conditions of Sale shall not imply a waiver on its part of this right and of the right to exercise it subsequently, such a waiver being able to proceed only by an express declaration.
15.5. Force majeure
The execution by Leblon Delienne of all or part of its obligations, in particular of delivery, shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay the execution thereof.
This includes, but is not limited to, war, riot, insurrection, civil disturbance and large-scale general strike.
Leblon Delienne shall inform the Customers of the occurrence of a fortuitous event or force majeure within seven days of its occurrence. In the event that this suspension continues beyond a period of fifteen days, the Customer will have the possibility of cancelling the order in progress, and it will then be proceeded to the refunding of the price of the ordered Products and the paid delivery expenses.
ARTICLE 16 - SUSPENSION - RESIGNATION
The General Conditions of Sale are subject to French law. Only the French version of these General Terms and Conditions of Sale is authentic.
In the event of any difficulties arising in connection with the placing of the Order, the delivery of the Products or, more generally, the execution of the sale, the Client shall have the possibility, prior to any legal action being taken, of seeking an amicable solution, notably with the help of a consumer association or any other advisor of his/her choice.
Any dispute arising from the interpretation or execution of the General Terms and Conditions of Sale and its consequences shall be brought before the competent courts.
The General Terms and Conditions of Sale also apply to the relationship with any user of the Website who has not placed an Order, in particular with regard to articles 11 to 15.
The refund will be made a few 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 from receipt of the exercise of the right of withdrawal.
Last update : april 23, 2021