Terms and Conditions (11/04/2015)
These general conditions of sale are concluded between, on the one hand:
Company SARL COMEPAR
20 Rue De la Pomme
registered in the Toulouse RCS N ° 318 908 100
Hereinafter referred to as "LEGOISTE.FR".
And, on the other hand, Internet users who wish to make a purchase on the site "www.legoiste.fr" visible at the following address: http://www.legoiste.fr hereinafter referred to as "the Customer".
These conditions govern the sale of any product presented on the site "legoiste.fr" by the company Comepar. The parties agree that their relations will be exclusively governed by this contract, to the exclusion of any other condition. Items are offered for sale only to non-commercial individuals. They are concluded ‘intuitu personae’ and therefore cannot be the subject of any waiving of any kind. Any order duly validated on the site www.legoiste.fr implies full and unreserved acceptance of these general Terms and Conditions and, possibly, specific or specific conditions for one or more products or orders.
These Terms and Conditions are intended to define the reciprocal obligations of the parties as well as the different stages of the ordering process.
2. ARTICLES ET PRODUITS
‘legoiste.fr’ is a site that aims to offer the sale of clothing items as well as shoes and accessories. Items visible on the site are available until depletion of stocks. Consequently, ‘legoiste.fr’ does not guarantee in any case the retention of products for sale during a given period. Any claim by the customer for the ordering or delivery of an unavailable item will be considered unfounded. In the case of a validated order for a product or an item become unavailable, ‘legoiste.fr’ agrees not to debit the customer account associated with the credit card number provided or not to cash the sent check. In case of debit or receipt for the order of an unavailable item, ‘legoiste.fr’ will undertake within 10 days the refund to the customer, the amount of the order for payment by check. In the case of a payment by check, the refund will be made by check within 10 days. In any case, ‘legoiste.fr’ undertakes to inform via email any customer who has ordered an unavailable item.
3. PRICE OF PRODUCTS AND DELIVERY
3.1 - The prices are presented in Euros (€) for the site in French.
The prices are presented in US dollars ($) for the US website.
3.2 - VAT included are the French VAT at the rate applicable for the concerned products. If the VAT rate were to be changed, these changes may be reflected on the price of the items without the customer being informed. For shipments to the French Overseas Regions and Terrirories and countries outside the European Union, VAT will be deducted from the invoiced prices, but the payment of customs fees will be requested upon delivery.
3.3 - The delivery is made within 2 to 5 days from the reception of the order, except any fortuitous event or force majeure which would delay the delivery independently of the will and the diligences of ‘legoiste.fr’.
3.4 - Prices, as an indication, are the following: Metropolitan France, Corsica and Monaco: 8.5 Euros, Other destinations: variable rates depending on the zones. The price charged corresponds to a weight range of less than 1kg.
4.1 - The customer interested in an item visible on the site ‘www.legoiste.fr’ follows the following process to place his order. After having clicked on the "Add to Cart" icon and having checked the specificities of his order (color, size, quantity, price, etc.), the customer validates the choice of the selected products by one click. He then enters his details (which will be pre-filled at his next visit) with the following mandatory information: title, surname, first name, complete delivery address, e-mail and telephone number. If he wishes a gift packaging, he ticks the box provided for this purpose and writes the desired dedication. Delivery and billing to different addresses is accessible by checkboxes that display new forms. When the customer clicks on the "Validate" button, he accesses the summary of his order where all the information is recalled. If the customer has a special offer, he must first enter a code that has been assigned in the field provided for this purpose.
4.2 - Terms of payment: the customer has the option to pay by credit card directly on the website. He also has the possibility of paying his order by bank or postal check. After validating his method of payment, the customer definitively and irrevocably validates his order with the effects indicated below.
Payment by credit card on the site The Customer validates his address, the product and the total price. He provides the number of his credit card associated with the expiry date. He finally validates his order by clicking on the "Validate" button. This Validation is seals the purchase and irrevocably binds the parties. The provision of this information validates the sale between the parties. Order by check The customer, after having printed the purchase order finalizing his purchase, will make a voluntary sending of this printing to Comepar, 20 rue de la Pomme 31000 Toulouse, France. The receipt of the order form accompanied by the check will be irrevocable commitment between the parties.
4.3 In any case, regardless of the method of payment chosen by the customer, ‘legoiste.fr’ will acknowledge receipt of the order upon validation by e-mail or by any other means at its convenience, in accordance with the provisions of Article L121- 19 of the French ‘Code de la Consomation’.
4.4 - 6. Cancellation of order
Before shipment by ‘legoiste.fr’ or before reception by the Client ‘legoiste.fr’ offers its Customers the possibility to cancel their orders at any time. This possibility extends the legal cancellation conditions provided by law after receipt by the Customer.
Several cases arise:
- The order has not been sent: the cancellation is then taken into account immediately by ‘legoiste.fr’
- The order has already been shipped completely or partially. ‘legoiste.fr’ takes into account the cancellation on the Products not shipped, and the Customer can refuse the package already shipped on its delivery.
In both cases:
- the Customer must contact the Sales Department of ‘legoiste.fr’ to inform of this cancellation prior to any reshipment of the Product. Written confirmation will be requested from the Customer, either by electronic mail, by fax or by post, in order to avoid any cancellation by someone other than the Client.
- This possibility of cancellation entailing costs for ‘legoist.fr’, gross abuse (repetition of abnormal cancellations by the same customer), ‘legoiste.fr’ then reserves itself the right to invoice the Customer for its management fees and cancellation.
Exchange or refund after receipt
The Law guarantees the Customer the possibility of canceling his order within 14 working days after delivery.
The exchange or the refund must be requested from the Sales Department of ‘legoiste.fr’ in writing (e-mail, fax, or post) prior to any reshipment of Products legoiste.fr cannot accept a cancellation or exchange of a part of a Product that is the subject of a reference. For example, in the case of a batch sale, the Customer may only exchange or cancel the entire lot, even if the items of the lot are sold separately on the website www.legoiste.fr
- Exchange case
The exchange must take place within 14 days from the delivery date of the concerned Product. If the new reference Product requested in exchange is of a higher amount, the Customer must make the payment of the difference before the shipping the new Product. Conversely, if the amount is less than the initial amount, the Customer's account on www.legoiste.fr will be credited with this difference. Shipping of the new Product can only be done after returning the Exchanged Product.
- Refund case
The Customer may also request the refund of a Product within a period of 7 days from the date of delivery of the Product concerned. The Customer will receive upon delivery of the Product a refund check. The fixed costs of processing and shipping the order can be deducted from this refund.
The right of retraction follows the same rules but on all the products composing the order.
Conditions relating to exchanges and reimbursement the right of exchange or refund applies only to the extent that the Product is sent in perfect condition for resale, packed in its original packaging, complete and showing no evidence of shock, malfunction or use. ‘legoiste.fr’ reserves itself the right to refuse this exchange or refund if the Products received in return do not respect these conditions.
The return of the refunded or exchanged Products is the responsibility of the Customer, unless stated otherwise and specific to certain items on the site ‘www.legoiste.fr’. For bulky Products (furniture, large scale models), after reaching out to the Sales Department, ‘legoiste.fr’ will be able to organize this return by appointment with the designated carrier by ‘legoiste.fr . The costs incurred by such return are normally the responsibility of the Customer. However, ‘legoiste.fr’ may ask the Customer only for a participation in these return costs, especially in the case of exchanges. These conditions should be discussed with the Sales Department of ‘legoiste.fr’.
5. SECURITY OF PAYMENTS
5.1 - In order to ensure payment security, the ‘www.legoiste.fr’ website uses PAYPAL secure payment services. These services incorporate the SSL security standard. The confidential data (the 16-digit bank card number and the expiry date) are transmitted directly encrypted on the SIPS server without transit on the physical media of ‘legoiste.fr’ server.
5.2 - When the bank details are validated: The secure remote payment manager sends a request for authorization to the bank card network. The electronic payment manager issues an electronic certificate.
6.1 - All the articles visible on the site ‘www.legoiste.fr’ can be the object of exchange or a refund, with the exception of the personalized articles. The period during which the customer can request the exchange or assert his right to withdrawal is 7 days from the date of the delivery of the item(s).
6.2 - The return of the item(s) within this period must imperatively be accompanied by the return slip accompanied by the item in its original packaging to the following address: Comepar, 20 rue de la Pomme 31000 Toulouse. Will be refused by the Seller any damaged article which would not have been the object of remarks or express reservations by the customer as soon as the delivery.
7. SIGNATURE AND PROOF
7.1 - For any payment made by credit card on ‘www.legoiste.fr’, the electronic certificate delivered by the remote payment manager will be worth proof of the amount and the date of the transaction, in accordance with the provisions of articles 1316 and following of the Civil Code as well as the means of electronic archiving put in place by ‘legoiste.fr’. In this regard, the dates and times of the server will prevail between the parties.
7.2 - In all cases, the validation of the order, whether the payment is made by credit card directly on the site, by phone or by sending a check, is worth signing and express acceptance of all transactions made on the site.
7.3 - On the other hand, the due date of the sums due is that referred to in Article 4.2 depending on the type and method of payment.
In order to facilitate the identification of the Client, the Client expressly authorizes ‘legoiste.fr’ to deposit on the hard disk of the client a so-called "cookie" file whose sole purpose is to facilitate said identification. The customer who refuses the deposit of such a file on his hard disk must fill completely the validation forms of the order every time.
9.1 - For all stages of access to the site, consultation, filling of forms, ordering, delivery of articles or any other service, the company Comepar has an obligation of means.
9.2 - Consequently, the responsibility of ‘legoiste.fr’ cannot be committed for all the inconveniences or damages inherent to the use of the Internet network and completely outside the diligences and precautions taken by ‘legoiste.fr’. In particular, any disruption in the provision of the service, or any external intrusion or presence of computer virus, cannot engage the responsibility of ‘www.legoiste.fr’.
9.3 - Similarly, any event qualified as force majeure within the meaning of the jurisprudence of the Court of Cassation, totally exempts Comepar from any liability.
10. NOMINATIVE DATA
10.1 - legoiste.fr also reserves the right to commercially transfer the data collected on its site. 10.3 - In any case, and in accordance with the law n ° 78-17 of January 06th, 1978, any user or customer of the site can at any moment oppose the commercial use of said data and profits moreover from a right access, rectification and deletion of data concerning him. All requests relating to this article must be sent by email to the address email@example.com
11. ELECTION OF DOMICILE
legoiste.fr declares to elect domicile at the address indicated above.
12. INTELLECTUAL PROPERTY AND COMPETITION
12.1 All elements of the site ‘www.legoiste.fr’, whether visual or sound, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of ‘legoiste.fr’.
12.2 - A user who has a personal website and who wishes to place a simple link for his personal use on his website that links directly to the homepage of the ‘www.legoiste.fr’ website, must first request the authorization of ‘legoiste.fr’ .. It cannot be in this case of an implicit convention of affiliation. However, any hypertext link to the site ‘legoiste.fr’ .and using the technique of framing, deep-linking, in-line linking or any other deep link technique is in any case formally prohibited. In any case, any link, even tacitly authorized, must be removed on simple request from ‘legoiste.fr’.
13. ENTIRE AGREEMENT
13.1 - The present conditions concluded between ‘legoiste.fr’ and the Client express the entirety of the obligations of the parties. No indication or document may give rise to obligations hereunder if they are not the subject of an endorsement signed by both parties. No correspondance prior to the signing of this contract may give rise to obligations under this contract.
13.2 - However, if a condition were to fail, it would be considered to be governed by the practices in force in the sales sector.
14. TOLERANCE OR WAIVER
14.1 - It is formally agreed between ‘legoiste.fr’ .and the customer that any tolerance or waiver of any of the parties in the application of all or part of the commitments provided for in these conditions, whatever may have been the frequency and duration, may not constitute a modification of this Agreement or generate any right whatsoever.
14.2 - Specifically, no delay or inaction, forbearance or omission on the part of Customers in the exercise of any of its rights under this Agreement shall affect or be construed as implying its right. share a waiver of this right.
15. PARTIAL NON-VALIDITY If a particular stipulation of these conditions is held invalid or declared as such by a decision having the force of res judicata of a competent jurisdiction, the other stipulations will retain all their strength and their scope.
The language of these general conditions of sale is English.