TERMS AND CONDITIONS OF SALE
" ARTICLE 1: Commercial policy of LENER CORDIER SA DPT CHEMINS BLANCS
" ARTICLE 2: Information pertaining to the products
" ARTICLE 3: Information pertaining to the prices
" ARTICLE 4: Information pertaining to the order
" ARTICLE 5: Information pertaining to the invoicing and the securitizing of the payment method.
" ARTICLE 6: Conditions, delivery period and transport costs
" ARTICLE 7: Conditions pertaining to returns and exchanges:
" ARTICLE 8: Information pertaining to personal data and the right to edit the data gathered
" ARTICLE 9: Information pertaining to the liability of LENER CORDIER SA DPT CHEMINS BLANCS
" ARTICLE 10: Information pertaining to the intellectual property of LENER CORDIER SA DPT CHEMINS BLANCS
" ARTICLE 11: Governing law
Date: 11 June 2013
These terms and conditions of sale are governed by French law, except as otherwise imperatively provided in such provisions as those following from the Rome Convention on the law applicable to contractual obligations of 19 June 1980.
These terms and conditions of sale apply between:
LENER CORDIER SA DPT CHEMINS BLANCS
With a registered capital of € 154,288 registered with the register of companies of Dunkerque 308199140 - management number 58 B 40044
Registered office: 39 rue de Merville 59529 Hazebrouck Cedex - France.
Telephone: +33 (0)800 05 06 10 (from 10am to 1pm and 2pm to 4pm; outside of these hours calls will be taken by an answering machine)
Fax: +33 (0)3 28 43 41 01
Simplified joint-stock company (SAS) with a registered capital of € 500k Register of companies of Roubaix - Tourcoing 424 761 419 00011
VAT reg. no.: FR 22 424761419 - Code APE 721Z
Registered office: 140 Quai du Sartel - 59100 Roubaix - France.
The client of the Website who must be a natural person and consumer, referred to herein as a web user, making a purchase on the www.cheminsblancs.com/eshop website, represents having full legal capacity. The web user must have the age of legal majority, not be under guardianship or trusteeship and reside in mainland France, Réunion, Guyana, Guadeloupe, Monaco, Andorra, Belgium, Luxembourg and Switzerland.
The purpose of the terms and conditions of sale are to set out the contractual framework that applies between LENER CORDIER SA DPT CHEMINS BLANCS and all web users placing an order on the www.cheminsblancs.com/eshop website.
The web user represents that he/she has read and irrevocably accepts the terms and conditions of sale as well as the prices before placing his/her order, by ticking the zone provided in lieu of the web user's handwritten signature, and the web user therefore waives any claim to any other document made out in the presence of the parties involved, given that the act of purchase leads to the acceptance hereof. The applicable terms are those that are applicable on the website on the date, on which the order is placed by the web user. Amendments and updates to these terms and conditions of sale may be made from time to time.
ARTICLE 1: Commercial policy of LENER CORDIER SA DPT CHEMINS BLANCS
LENER CORDIER SA DPT CHEMINS BLANCS sells products and services on the www.cheminsblancs.com website aimed at end users based in mainland France, Réunion, Guyana, Guadeloupe, Monaco, Andorra, Belgium, Luxembourg and Switzerland.
Pursuant to the statutory provisions of article L.122-1 of the French consumer code, the company reserves the right, given that it concerns retail sales, to refuse any order that exceeds the maximum authorised number of 5 identical articles (same reference, same colour) during promotional periods, sales or private sales.
LENER CORDIER SA DPT CHEMINS BLANCS shall also have the right to refuse any order placed by a web user or any delivery, in the event of an existing claim with that web user, of a banking institution refusing to authorise a bank card payment, of a non-payment or of a partial payment.
Under no circumstances shall LENER CORDIER SA DPT CHEMINS BLANCS be held liable for such a situation.
When placing orders on the website, web users are advised to also keep a copy (an electronic copy and/or a paper copy) of the elements pertaining to their order, e.g. confirmation e-mails sent by LENER CORDIER SA DPT CHEMINS BLANCS.
ARTICLE 2: Information pertaining to the products
The products offered for sale are those that appear on the http://www.cheminsblancs.com website on the day that the web user views the website.
The products are offered for sale subject to the availability of the stock and best efforts are used to ensure the accuracy of their presentation. However, LENER CORDIER SA DPT CHEMINS BLANCS shall not be held liable for non-substantive errors that could affect the features of the articles.
Photos and texts describing the products may differ from the actual products and are provided for the purposes of illustration only.
Web users are requested to ensure that the product delivered matches their order. They may notify, within 48 hours of receiving the article(s) at the latest, LENER CORDIER SA DPT CHEMINS BLANCS using any means, including an e-mail sent to the firstname.lastname@example.org e-mail address in particular, of any duly justified discrepancy between the product delivered and their order. If the discrepancy with the order is confirmed and following the written consent of LENER CORDIER SA DPT CHEMINS BLANCS, a return authorisation number and a Colissimo/La Poste return slip will be given to the web user. The latter must proceed with the return within 14 days. The product must be in perfect condition, complete and be sent with the accompanying documents attached to the order to the following address.
LENER CORDIER SA DPT CHEMINS BLANCS - E-SHOP
For the attention of SERVICE ESHOP - RETOUR
74 RUE DU MILIEU
59529 HAZEBROUCK CEDEX
If it is not possible to replace the product and following the written consent of LENER CORDIER SA DPT CHEMINS BLANCS, the web user will be fully refunded for the total invoiced amount by crediting the web user's bank card.
Once this period of 14 clear days following the reception of the parcel by the web user has elapsed, the products are deemed to be compliant and accepted.
ARTICLE 3: Information pertaining to the prices
The prices are presented in Euros inclusive of tax and VAT (at the rate applicable on the date the order was placed) and excluding any delivery expenses that shall be borne by the web user. The products are invoiced at the prices that are applicable on the date the order is placed and must be paid in full with a single payment on the day the order is placed. However, LENER CORDIER SA DPT CHEMINS BLANCS reserves the right to amend the prices.
ARTICLE 4: Information pertaining to the order
The prices and descriptions of the products available for sale shall be deemed expressly and irrevocably accepted when an order is placed. The confirmation of the order shall be deemed acceptance of the terms and conditions of sale in advance and shall only be taken into consideration once the full payment has been accepted.
During the order process, the web user has the opportunity to modify the selection of the articles prior to the final order confirmation using the confirmation and acceptance screens.
The order shall only be fully logged on final confirmation of the order payment screen. Once the order has been logged, an order confirmation e-mail by LENER CORDIER SA DPT CHEMINS BLANCS shall be sent to the web user and shall be contractually binding between the parties.
Web users have a right of withdrawal that they must exercise within fourteen clear days of receiving the ordered products.
In order to exercise this right, the web user must send a written request by recorded letter with acknowledgement of receipt to the following address:
LENER CORDIER SA DPT CHEMINS BLANCS - E-SHOP
For the attention of SERVICE ESHOP - RELATIONS CLIENTS
39 rue de Merville 59529
Only unopened parcels can be accepted as part of the withdrawal process. The refund of the returned parcel will be completed within 14 days of the date of the notification in which the web user exercised the right of withdrawal. The refund will be subject to the reception of the parcel or the proof of the return of the parcel (the first of these two events to occur will trigger the refund).
ARTICLE 5: Information pertaining to the invoicing and the securitizing of the payment method
The payment completed on line using a bank card (Carte Bleue, Visa, Eurocard- Mastercard).
The financial transaction is carried out using the online payment solution of the CIC bank. Under no circumstances is the resulting transferred information made available to LENER CORDIER SA DPT CHEMINS BLANCS. This solution accepts all payment and credit cards of the Visa and Eurocard-Mastercard networks.
During the internet purchase process on the www.cheminsblancs.com/eshop e-commerce website, the entire payment phase is completed between the web user and the CIC bank. During this phase, the web user leaves the e-commerce website temporarily and goes to the "Paiement CIC" (CIC payment) website. The web user is required to enter the following information on the "Paiement CIC" website:
- The bank card number (16-digit number);
- The expiry date;
- The three-digit security number located on the back of the card.
Regarding the securitization of the payment means, the CIC bank uses the standardised encryption system called "the SSL protocol". The icon at the bottom of the browser when the web user is on the payment page shows that this is working: one of these icons must be present in the browser's address bar and the browser is in "https://" mode instead of "http://" when the web user switches from non-encrypted to encrypted mode (and vice-versa), recent browsers display a message to warn the web user of the change.
Should, for whatever reason, it not be possible to transfer the amount owed by the web user, the order will not be logged by LENER CORDIER SA DPT CHEMINS BLANCS. Payment must be made in full on placing the order. The amounts paid may never be considered to be a deposit or down payment.
ARTICLE 6: Conditions, delivery period and transport costs
The dispatch of articles cannot take place until the payment of the order has been confirmed. The shipment is delivered to the address entered by the web user within the lead time stated when the order is placed on line (24hrs, 48hrs or 3 to 10 working days).
In order to ensure that these lead times are met, the web user must provide accurate and complete information regarding the delivery address including, in particular, the street no., building no., staircase no., entry code, intercom names and/or numbers, phone no. and e-mail address. Inaccurate information could cause additional delays to the delivery, or even a return delivery.
LENER CORDIER SA DPT CHEMINS BLANCS shall not be held liable in the event of a late delivery and/or incorrect information entered for whatever reason. Consequently, the web user may not make any claim for any kind of compensation.
LENER CORDIER SA DPT CHEMINS BLANCS offers two shipping options and seeks to use its best efforts to ensure that the products are shipped properly. The transports risks are borne by the carrier from the moment the product leaves the warehouse.
Delivery modes: the available prices are shown when the web user chooses delivery mode and deliveries can be made to mainland France, Réunion, Guyana, Guadeloupe, Monaco, Andorra, Belgium, Luxembourg and Switzerland.
2 delivery modes are available to the web user:
- standard delivery: The standard delivery is completed by Colissimo / La Poste, with an average delivery time of 3 to 7 working days to the home of the web user. If the web user is not at home, a failed delivery card is left in the letterbox to inform the web user that the parcel is available for pick-up at the post office. The parcel is available for a period of 15 days, after which it will be returned to the sender.
- express delivery:
The express delivery service uses TNT, with an average delivery time of 24hrs or 48hrs (if the web user places the order before noon), to the home of the latter, using either a Relais Colis (parcel pick-up point) specified by the web user. If the web user is not at home, the delivery is automatically sent to the closest Relais Colis and web user will be informed using a failed delivery card. The parcel is available for a period of 10 days, after which it will be returned to the sender.
ARTICLE 7: Conditions pertaining to returns and exchanges:
The web user has a period of 28 days after receiving an ordered article to return it but has a period of 14 days to request the return.
In order to exercise this right, LENER CORDIER SA DPT CHEMINS BLANCS asks the web user to provide notice of this by recorded post with acknowledgement of receipt or by e-mail to the following address: email@example.com. After having made the return request using the "order history" space directly on the website, identified the article to be returned and clicked "generate a return", LENER CORDIER will give this request an "awaiting parcel" status and the goods can be returned accordingly.
At this point, the web user may specify whether a return or product exchange (same product in another colour and/or size subject to stock availability) is required. Once this period has elapsed, the articles delivered are deemed compliant and accepted by the web user and LENER CORDIER SA DPT CHEMINS BLANCS reserves the right to refuse the exchange, credit note or refund.
The articles returned must not have been worn, be in their original packaging and must come with the relevant labels.
Articles returned that are incomplete, spoiled, damaged, deteriorated or soiled by the web user will not be refunded.
The return shipping costs as well as the related risks shall be borne by the web user. Consequently, the web user is advised to keep the documentary evidence of this return, which means that the product should be returned by recorded post or by any other means that provides evidence of the shipping date. Except in the event that the web user is seeking an exchange of the product (another size and/or another colour), the refund of the entire invoiced price for the returned product, excluding dispatch and returning shipping expenses that shall be borne by the web user, will be credited to the web user's bank card, within fourteen days of receiving the products.
The web user returns the article along with its return authorisation number to the following address:
LENER CORDIER SA DPT CHEMINS BLANCS - ESHOP
For the attention of SERVICE E-SHOP - RETOUR
39 rue de Merville
59529 HAZEBROUCK CEDEX
ARTICLE 8: Information pertaining to the personal data and the right to edit the data gathered
The French law 78-87 of 6 January 1978, the French law 2004-801 of 6 August 2004 as well as the article L-226-13 of the French penal code and the European directive of 24 October 1995 govern the protection of personal data.
This website has been the subject matter of a declaration pertaining to the treatment of personal data submitted to the French date privacy commission (CNIL) under the no. 1449490.
While browsing on the website and entering information in order to get to specific areas of the website, the following personal data is recorded:
- Surname and first name
- full address
- telephone no.
- E-mail address
By entering their contact details, web users will be entered into a database and may receive regular information updates and commercial offers from LENER CORDIER SA DPT CHEMINS BLANCS
As part of the online store, all the bank details are treated directly by the IT department of the bank carrying out the credit card payment. None of this information is therefore available to LENER CORDIER SA DPT CHEMINS BLANCS or kept by it in its databases. Web users shall make an informed decision when entering this information by filling in the data themselves. While entering the data, the web user is informed of whether or not the data is required.
In accordance with the French law no. 78-17 of 6 January 1978 pertaining to data protection and privacy, the web user has the right to consult, edit, correct, oppose and remove their personal data. In order to exercise this right an e-mail can be sent to firstname.lastname@example.org or a letter sent to the following address:
LENER CORDIER SA DPT CHEMINS BLANCS - ESHOP
For the attention of SERVICE ESHOP - RELATIONS CLIENTS
39 RUE DE MERVILLE
59529 HAZEBROUCK Cedex
The amendments requested will be carried out within four to six weeks.
ARTICLE 9: Information pertaining to the liability of LENER CORDIER SA DPT CHEMINS BLANCS
LENER CORDIER SA DPT CHEMINS BLANCS shall use its best efforts to ensure that every step of the web user's visit to the website as well as the ordering and delivery process works properly. LENER CORDIER SA DPT CHEMINS BLANCS shall not however be held liable for computer problems, or breakdowns in the Internet that would result in the service becoming unavailable or other cases of force majeure.
ARTICLE 10: Information pertaining to the intellectual property of LENER CORDIER SA DPT CHEMINS BLANCS
The http://www.cheminsblancs.com website and its content are exclusively owned by LENER CORDIER SA DPT CHEMINS BLANCS for the whole world. Texts or photos may not be reproduced without the brand's prior consent. Consequently, the web user shall not reproduce or circulate the website in whole or in part (logos, brands, images, graphic designs, photos, etc.) of any way whatsoever with the exception of the social networks like Facebook, Pinterrest, Twitter, etc. In the event of a photo being used by another website, a hyperlink should be directed towards the media's source page.
ARTICLE 11: Governing law
The terms and conditions of sale are governed by French law and the competent authority shall be that of the location of the registered office of LENER CORDIER SA where the contract was put together, namely Dunkerque.