Article 1 : PRELIMINARY INFORMATION
www.boutique.maisonlejaby.com (hereinafter "the site") is published by MAISON LEJABY (hereinafter "the publisher"), a simplified joint-stock company (Société par Actions Simplifiée, S.A.S.) with capital of 8,300,000 euros, listed in the Lyon Trade and Companies Register (registre du commerce et des sociétés, R.C.S.) under number B 539522607, and with headquarters located at Avenue du loup pendu, 69140 Rillieux La Pape, France. Intracommunity VAT number: FR 315539522607. The publisher can be contact by telephone on +33 (0)4 72 01 55 00 or by email at: firstname.lastname@example.org The site is hosted by Typhon whose headquarters are located at 18-20, rue du Faubourg du Temple 75011, Paris. Telephone: +33 (0)1 70 13 70 00. The publishing manager responsible for the content on the site is Mr Olivier Roche. Purpose Access to this site is unrestricted and free of charge to the general public. The purpose of the site in the online sale of Maison Lejaby-brand lingerie and swimwear. Acceptance of the general terms and conditions Ordering on this site implies that the user agrees to these general terms and conditions. Likewise, the user acknowledges being fully aware of said terms and conditions. The user will indicate his or her agreement by validating the general terms and conditions of sale and the general terms and conditions for using the site. The act of validating these general terms and conditions will be considered to have the same effect as the user's handwritten signature. The user acknowledges that he automatic registration systems used by the website publisher constitute proof and, unless able to provide evidence to the contrary, the user will not contest this proof in the event of a dispute. Acceptance of these general terms and conditions implies that users have the required legal capacity to do so, or, otherwise, that they have the authorisation of a guardian if they do not have the capacity, or authorisation from a legal representative if they are minors.
Article 2 : METHOD FOR PLACING ORDERS AND DESCRIPTION OF THE PURCHASE PROCESS
Product availability is indicated on the site, in the description for each product. To place an order, users can select one or more items and add them their basket. When their order is complete, they can access their basket by clicking on the button provided. As they view their basket, users will be able to check the quantities and type of items they have selected and verify the unit price, as well as the total price for the order. They will be able to remove one or more items from the basket. This order summary will also show customers that they have the option of exercising their right to cancel, with the applicable deadlines. If the order is correct and the customer wishes to submit it, this can be done by clicking on the "submit" button. Customers will then be directed to a form where they can log in if they already have log-in information, or they can register on the site by entering their personal details on the form displayed. Once logged in or after duly filling out the form, customers will be prompted to check or modify their delivery and invoicing details, to read and agree to these general terms and conditions and then to make their payment after being redirected to the secure payment interface. Upon effectively receiving payment, the site publisher agrees to electronically confirm receipt of said payment, within a reasonable amount of time. Likewise, and within the deadline, the publisher agrees to the send the customer an email summary of the order and confirmation that the order is being processed. The information in this email includes details about the order, the products ordered, delivery, and the terms for exercising the right to cancel.
Article 3 : PRICE
The prices on the site are in euros, VAT included, excluding delivery charges. These prices may be modified at any time by the publisher. The prices shown are only valid on the day the order is placed and may not be in force at a future time. The price paid by the customer is the price in force at the time the order is placed. Delivery costs are always shown before payment is made.
Article 4 : RETENTION OF TITLE CLAUSE
The products sold remain the property of the publisher until the price has been paid in full, in accordance with this retention of title clause. Risks are transferred to the customer at the time of delivery.
Article 5 : PAYMENT INFORMATION
Users may place orders on this website and make payments using PayPal or a bank card. Payments by bank card are processed using the secure transaction service offered by: Caisse Epargne, or PayPal. In the case of bank card payments, the publisher of this website does not have access to any information about the customer's payment methods.
Article 6 : DELIVERY
Orders are delivered by So Colissimo or UPS within 15 business days of full receipt of the payment for the order. Certain products or orders of certain quantities may however require a longer deadline. In this case, it will be specifically mentioned when the order is submitted. If a package is clearly and visibly damaged or incomplete upon delivery, or if it contains damaged goods, it is the customer's responsibility to refuse the package in order to benefit from the carrier's guarantee. In addition, the customer must notify the publisher immediately, so that a new package can be prepared and sent as soon as the returned damaged package is received. In this case, the delivery deadlines listed above in these general terms and conditions no longer apply.
Article 7 : PROVISIONS RELATING TO THE RIGHTS OF THE CONSUMER
The publisher's customer service department is available from Monday to Friday, 8:30 a.m. to 5 p.m. CET, at the following regular-rate telephone number: +33 (0)472014696, by email at email@example.com or by post at the following address: MAISON LEJABY, avenue du loup pendu, 69140 Rillieux La Pape, France. The publisher will make every effort to respond to emails and letters within two business days. Right to cancel In accordance with current legislation, consumers have a period of 14 days starting from the date of receiving their package to request a refund. To exercise this right, consumers must return the package to the company headquarters: MAISON LEJABY, avenue du loup pendu 69140 RILLIEUX LA PAPE, France, with a letter asking for a refund. All returns must be complete (original packaging, slips, accessories, copy of the invoice) and the returned products must be in perfect condition for re-sale. They must be unworn, clean, and undamaged. In accordance with the provisions of Article L121-20-2 of the French Consumer Code, consumers may not under any circumstances claim and exercise any right of cancellation for orders that are clearly personalised or created to the consumer's specifications or which, due to the nature of the goods, cannot be re-shipped or are likely to be damaged or quickly become out of date. Delays Consumers may terminating the sale by way of a registered letter with request for acknowledgement of receipt if the delivery is delayed for more than seven days. The consumer will then be reimbursed for the amounts paid at the time of the order. This clause does not apply if the delivery delay is due to action by the customer or to force majeure, beyond the publisher's control. In this case, the customer agrees not to take legal action against the site and the publisher and waives the right to terminate the sale pursuant to this article.
Article 8 : GUARANTEE FOR PRODUCTS PURCHASED ON THE SITE
If a product purchased on the site is defective, in accordance with the provisions of the French Civil Code relating to legal guarantees against hidden defects, customers have two years starting from when the defect in the product was discovered to request repair or reimbursement. In addition, pursuant to Article L211-5 of the French Consumer Code, consumers will have two years starting from when said product was received to request an exchange or repair, if the goods delivered are not compliant, as defined in the article specified above. To exercise either of these rights, customers should contact the publisher's customer service department. As a hidden defect is a fault in the merchandise which, under normal conditions of use, makes the merchandise unsuitable for its intended purpose and the compliance requirement being understood as supplying the item that was contractually agreed to, the publisher of this site is, in particular, not responsible for the normal use of the products, for failure to comply with care instructions, for accidental damage or damage resulting from abnormal use.
Article 9 : CUSTOMER AREA
Creating a customer area
Before an order can be placed, the user must create a customer area on this site. For this purpose, users are asked to provide certain personal information. Users agree to provide accurate information, failing which the contract may be cancelled at the initiative of the publisher and the customer account may be removed. Certain information is required for creating a customer area and validating the contract. If a user refuses to provide said information, the customer area cannot be created and therefore the order cannot be submitted. Using your customer area This area allows the customer or member to see all orders placed on the site and to track the delivery of goods purchased. As the data in the customer area is for information only, the publisher of this site cannot be held liable if this data is lost due to unforeseen circumstances, a technical problem or a force majeure event. However, the publisher agrees to keep secure all contractual elements that are required to be kept by lay or by current regulations. The publisher reserves the exclusive right to delete the account of any member who violates these general terms and conditions (in particular but not limited to, if the member has knowingly provided false information, when registering and creating a customer area). The publisher may also delete any account that has been inactive for at least a year. Deleting an account in this way is not likely to cause harm to the member in question, who cannot make any claims for compensation as a result. Deleting an account does not prevent the publisher from having the option to take legal action against the member, when this is justified by events. Password When creating a customer area, users are asked to choose a password. This password guarantees the confidentiality of the information contained in the customer area and therefore the user is not permitted to share it with a third party. If the password is shared, the site cannot be held liable for unauthorised access to a member's account.
Article 10 : PUBLISHER'S NEWSLETTER
By giving their express permission, users agree to receive from the publisher a newsletter, sent on a schedule to be determined by the publisher, that may include information about the publisher's business. When permission to send the newsletter is given, users agree to receive sales promotions from the publisher of this site for products and services similar to those ordered. Users have the option of unsubscribing from the newsletter by clicking the link provided in each newsletter.
Article 11 : INFORMATION RELATING TO THE LAW ON INFORMATION TECHNOLOGIES, DATA FILES AND CIVIL LIBERTIES, DATED 6 JANUARY 1978
Overview – Purpose – Term
Users are free to provide personal information. Providing personal information is not a requirement for using the site. However, registering on this site requires the publisher to collect a certain amount of personal information about the user. Users who do not wish to provide the information required for creating a customer area will not be able to place an order on the site. The data collected is necessary for the services offered on the site to be properly managed and for the publisher to comply with his legal obligations. The data is kept by the publisher in this capacity only. The publisher agrees not to use it in any other context, or to share it with third parties, unless the users give express permission or except as provided for by law. The contact information of all users registered on the site will be saved for a maximum of one year after a customer area has been deleted. This period is reasonable for the proper management of the site and the normal use of the data. The data will be kept secure, in accordance with current methods, as required by the provisions of the Law on Information Technologies, Data Files and Civil Liberties, dated 6 January 1978. Right to access, correct and delete data In accordance with said law, users have the right to contest, query, access and correct the information they have provided. To do so, users must contact the publisher of this site, by email at firstname.lastname@example.org, or by post at the address of the publisher's head office shown at the top of these general terms and conditions. The personal data collected will be processed electronically and is for the exclusive use of the website publisher. The personal data collected will not be distributed outside of France. The manager responsible for data processing is Mr. Olivier Roche. CNIL (French Data Protection Authority) declaration no.: 1712807v0 IP address In addition, the publisher reserves the right to select the public IP (Internet Protocol) address of each user. This IP address will be collected anonymously and will be kept for the same period of time as the personal data. IP addresses will only be used for the proper management of the services offered on the site. The IP address is a series of numbers separated by full stops and that uniquely identifies a computer using the Internet network. The publisher must send all personal details about a user to the Police (when so ordered by the court) or to any individual as ordered by a judge. All users are subject to having their IP address verified against the effective identity of the subscriber submitted to the ISP (Internet Service Provider).
Article 12 : INFORMATION ABOUT THE USE OF "COOKIES"
Overview – Purpose – Term
Article 13 : WAIVER OF THE PUBLISHER'S LIABILITY UNDER THE PERFORMANCE OF THIS CONTRACT
Customers may not claim a loss or seek any type of compensation if the site cannot be accessed due to technical or other issues. The unavailability of one or more products, even for an extended or unlimited period of time, cannot be seen by users as harm and cannot under any circumstances result in damages and interest being awarded by the site or the publisher. The publisher cannot under any circumstances be held liable for the failure to perform or for the improper performance of the contract directly or indirectly attributable to the customer or to a case of force majeure, as defined in French courts of law. The visual presentations of the products, published on this site, are guaranteed by the publisher to be perfectly true to reality, in order to meet the publisher's obligation of perfect information. However, given the current state of technology, the appearance of these representations, particularly in terms of colour or shape, can vary slightly from one computer to the next or may differ from reality depending on the quality of the graphic accessories and the screen or depending on the display resolution. These variations and differences cannot under any circumstances be attributed to the publisher who cannot in any way be held liable for this. The hypertext links on the site may lead to other websites that are not the responsibility of the publisher. The publisher cannot be held liable if the content of these sites is in breach of current legislation. Likewise, the publisher of this site cannot be held liable if visiting one of these websites causes harm to the user.
Article 14 : INTELLECTUAL PROPERTY RIGHTS RELATING TO ELEMENTS PUBLISHED ON THIS SITE
All constituent elements of this site belong to the publisher and as such are protected by intellectual property laws. Users therefore acknowledge that copying in part or in full or distributing or using one or more of these elements, even if modified, without permission will be likely to result in legal action against them by the publisher or the publisher's beneficiaries. This protection applies to all text and graphic content on the site as well as to the site's structure, name and graphic charter.
Article 15 : MODIFICATIONS TO THE GENERAL TERMS AND CONDITIONS
These general terms and conditions can be modified at any time by the site's publisher or the publisher's representative. The general terms and conditions of sale applicable to the customer of those in force at the time the order is placed. The publisher naturally agrees to keep all previous general terms and conditions and send them to any user who requests them.
Article 16 : GOVERNING LAW AND APPLICABLE JURISDICTIONS
These general terms and conditions are governed by French law and are under the jurisdiction of the French courts. The contract language is French.
Article 17 : AMICABLE SETTLEMENT OF DISPUTES
Unless otherwise provided in public policy, before any legal action is taken, all disputes that could arise pursuant to the performance of these general terms and conditions could be subject to consideration by the publisher of this site with a view to an amicable settlement. It is expressly reiterated that requests for amicable settlement do not suspend the deadlines in place for taking legal action.
Article 18 : SEVERABILITY
If one of the clauses in these general terms and conditions is declared null and void by a court decision, such nullity will not be extended to all remaining clauses, which will remain applicable.
Article 19 : NO WAIVER
The failure by the parties to temporarily or permanently insist upon the performance of any clause in these general terms and conditions shall not be deemed a waiver of the right to insist upon the other general terms and conditions.