The self-employed Johann Franckelemon
7 Allée des ancients of AFN 59130 Lambersart
Company Name: Johann Franckelemon
Hereinafter the "Seller" or the "Company".
And the natural or legal person proceeding to the purchase of products or services of the company, hereinafter "Purchaser", or "Customer"
On the other hand,
It was stated and agreed as follows:
Article 1: Purpose
These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller. The contract defines the obligations of the parties (seller: deliver the goods, buyer: pay the price) - information obligation imposed by Art. L111-1 of the Consumer Code.
Article 2: General provisions
These General Terms and Conditions of Sale apply to all sales of Products made through the Company's websites which are an integral part of the Contract between Buyer and Seller. The Seller reserves the right to modify the present at any time by the publication of a new version on its website. The GTCs applicable then are those in effect on the date of payment (or the first payment in case of multiple payments) of the order. These General Terms and Conditions are available on the Company's website at the following address: https://www.legorides.fr/en/content/3-terms-and-conditions-of-use
The Company also ensures that their acceptance is clear and unqualified by setting up a checkbox and a validation click. The Customer declares to have taken note of all these General Conditions of Sale and, if applicable, the Particular Conditions of Sale related to a product or a service, and accept them without restriction or reserve. The Customer acknowledges that he has received the necessary advice and information in order to ensure that the offer matches his needs. The Client declares that he is in a position to contract legally under French law or validly represent the natural or legal person for which he commits himself. Unless proven otherwise, the information recorded by the Company constitutes proof of all the transactions.
The prices of the products sold through the Internet sites are indicated in Euros all taxes included and precisely determined on the pages of descriptions of the Products. They are also indicated in euros, all taxes included (VAT + other possible taxes) on the order page of the products, and excluding specific shipping costs. For all products shipped outside the European Union and / or DOM-TOM, the price is calculated all taxes included automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be chargeable in certain cases. These rights and sums are not within Seller's jurisdiction. They shall be borne by the buyer and shall be his responsibility (declarations, payment to the competent authorities, etc.). The Seller hereby invites the purchaser to inquire into these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The cost of telecommunication necessary for access to the Company's websites shall be borne by the Client. If applicable, also shipping costs.
Article 3: Conclusion of the online contract
The Client must follow a series of steps specific to each Product offered by the Seller to be able to carry out his order. However, the steps described below are systematic:
Information on the essential characteristics of the Product
Choice of the Product, if any of its options and indication of the essential data of the Customer (identification, address ...)
Acceptance of these General Conditions of Sale.
Verification of the elements of the order and, where appropriate, correction of errors.
Follow up instructions for payment, and payment of products.
Delivery of products. The Customer will then receive confirmation by e-mail of payment of the order, as well as an acknowledgment of receipt of the order confirming it. It will receive a .PDF copy of the present general conditions of sale. For the products delivered, this delivery will be made to the address indicated by the Client. For the fulfillment of the order, and in accordance with article 1316-1 of the Civil Code, the Customer undertakes to provide his verifying identification.
The Seller reserves the right to refuse the order, for example for any abnormal demand, carried out in bad faith or for any legitimate reason.
Article 4: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites. The customer attests to having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honor the Customer's order within the limit of the stock of Products available only. Failing this, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are summarized and confirmed during the validation of the order. The parties agree that the illustrations or pictures of the products offered for sale have no contractual value. The period of validity of the offer of the Products and their prices is specified on the Company's websites as well as the minimum duration of the proposed contracts when these relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are granted only to the individual signing the order (or the person holding the email address provided). In accordance with legal provisions concerning compliance and hidden defects, the Seller refunds or exchanges the products defective or not corresponding to the order. The refund can be requested either by post or by e-mail.
Any damaged or missing parts must be reported to the seller within 48 hours of receipt of the package. No claims will be accepted after this deadline. The seller agrees to send the replacement parts within two working days, except in case of stock shortage. In this case, the seller will notify the buyer of the possible delay.
In the event that the customer wishes to return his product, he must first inform the seller. The shipping costs are the responsibility of the buyer. Once the contents of the packaging have been checked, the seller will proceed to the refund of the seller, either by the procedure of refund Paypal, or by bank transfer.
Article 5: Retention of title clause
The products remain the property of the seller until the full payment of the price.
Article 6: Terms of delivery
The products are delivered to the address of delivery which was indicated at the time of the order and the indicated time. This delay does not take account of the time taken to prepare the order.
When the Customer orders several products at the same time these are delivered in one go. If one or more items require a lead-time, the seller will notify the buyer, who will then be able to modify / cancel the order.
In case of delayed dispatch, the seller will inform the buyer of the exact date of dispatch.
In the event of delayed delivery, the Customer has the possibility to resolve the contract under the conditions and procedures defined in Article L 138-2 of the Consumer Code. The Seller then proceeds to the refund of the product and to the "go" costs in the conditions of Article L 138-3 of the Consumer Code.
The Seller makes available a means of contact indicated in the email of confirmation of order in order to ensure the follow-up of the order.
The Seller recalls that at the moment when the Customer has physical possession of the products, the risks of loss or damage of the products are transferred to him. It is the Client's responsibility to notify the carrier of any reservations on the product delivered.
The shipment is made according to the modalities chosen by the buyer during the passage of his order. If optional insurance is proposed by the carrier, it is up to the buyer to subscribe or not.
In case of loss or deterioration of the package during transport, the buyer will be able to claim the products ordered only if he has subscribed to the optional insurance. Otherwise, a flat-rate allowance will be paid (eg 23 € / kg for La Poste)
Dematerialized articles, such as assembly instructions in PDF format, can be downloaded at will from the client's account, from receipt of payment. In the case of electronic files (dematerialized), no refund or return will be accepted.
Article 7: Availability and presentation
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. In case of unavailability of an article for a period exceeding 2 working days, you will be notified immediately of the foreseeable delivery times and the order of this article can be canceled on simple request. The Client may then request a credit for the amount of the item or its refund.
Article 8: Payment
Payment is due immediately upon order, including pre-order products. The Customer can make payment by credit card, bank check or Paypal. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment service provider. The information transmitted is encrypted in good practice and can not be read during transport on the network.
Once payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorizes the Seller to debit his card of the amount relating to the indicated price. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In case of error, or inability to debit the card, the Sale is immediately canceled and the order canceled.
In case of payment by check, the seller will inform the good reception of the payment and will send the order within 2 working days that follow.
Article 9: Period of retraction
In accordance with Article L. 121-20 of the Consumer Code, "the consumer has fourteen clear days to exercise his right of withdrawal without having to justify reasons or to pay penalties, with the exception , Where applicable, the cost of return ". "The period referred to in the preceding paragraph runs from the date of receipt for the goods or from the acceptance of the offer for the provision of services". The right of withdrawal can be exercised by contacting the seller via the contact email address listed on the order form.
We inform the Clients that in accordance with article L. 121-20-2 of the Consumer Code, this right of withdrawal can not be exercised for intangible goods, such as the instructions of assembly in PDF format.
In case of exercise of the right of withdrawal within the aforementioned period, only the price of the product (s) purchased and the shipping costs will be reimbursed, the expenses of return remain the responsibility of the Customer.
The returns of the products are to be made in their original state and complete (packaging, accessories, notice ...) so that they can be re-marketed in new condition; They should, if possible, be accompanied by a copy of the purchase receipt.
Refund procedure: Refund will be made (after checking the contents of the parcel returned by the customer) by a payment method compatible with that used during the purchase (Paypal or Bank Transfer)
Article 10: Guarantees
In accordance with the law, the Seller assumes two guarantees: of conformity and relative to the hidden defects of the products. The Seller reimburses the buyer or exchanges the products apparently defective or not corresponding to the order made.
The request for reimbursement must be made as follows: Registered mail with acknowledgment of receipt, to Johann Franckelemon, 7 alumnus of AFN 59130 Lambersart.
The Seller recalls that the consumer:
- Buy used, reconditioned products, the condition of which can not be identical to that of the new. Nevertheless, if parts are found to be too damaged, the buyer can inform the seller who, after examination of the parts via photography, will decide and take the necessary measures to replace the parts.
- that the consumer may also assert the guarantee against the hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between resolving the sale or reducing the sale price (Provisions of articles 1644 of the Civil Code).
Article 11: Complaints
If necessary, the Buyer can present any complaint by contacting the seller either by e-mail (email@example.com) or by post (Johann Franckelemon 7 alumnus of AFN 59130 Lambersart)
Article 12: Intellectual Property Rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is realized through these GTS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 13: Force majeure
The performance of the obligations of the seller at the end of the present is suspended in the event of a fortuitous event or force majeure which would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 14: Invalidity and modification of the contract
Should one of the provisions of this contract be annulled, such nullity shall not result in the nullity of any other provisions which shall remain in force between the parties. Any modification of the contract is valid only after written agreement signed by the parties.
Article 15: Protection of personal data
In accordance with the Data Protection Act of 6 January 1978, you have the rights to interrogate, access, modify, oppose and rectify personal data concerning you. By adhering to these general conditions of sale, you agree that we collect and use this data for the realization of this contract. By entering your email address on one of the sites of our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. Simply click on the link at the end of our emails or contact the data controller (the Company) by letter RAR. We monitor the attendance at all of our sites. For this, we use tools such as Prestashop.
Article 16 Limitation of Liability
It is stipulated a limiting clause of responsibility of the Seller for the realization of the service to 299 euros.
Article 17: Applicable law
All the clauses contained in these general conditions of sale, as well as all the buying and selling transactions referred to therein, will be subject to French law.