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LANCEL - General terms and conditions of sales

1) General Information

The products provided for on the e-commerce site www.lancel.com are marketed by Lancel SOGEDI, S. A. CAPITAL 20,000,000,000 € - 612,036,376 RCS PARIS - CODE APE 4772 B - CODE TVA FR 20,612,036,376 ("Lancel"). His e-mail address is contact@lancel.fr; the telephone number is 01.53.91.91.41.41; the fax number is 01.53.91.91.40.40.

Purchases made via the Internet on the e-commerce site are governed by French law and by the present contractual conditions indicated on the site at the time the order is placed (the "General Conditions"). For any dispute that may arise over the conclusion, interpretation and execution of a past sale via Lancel e-commerce, the parties acknowledge the exclusive jurisdiction of the French judicial authority.

 

2) Users and Orders

The Lancel e-commerce site may only be used by end consumers, i.e. natural persons of full age acting for purposes which do not relate to any commercial, business, craft and/or professional activity and which are included in the definition of "consumers" contained in Legislative Decree 206/2005 and its subsequent amendments (the "Consumer Code"). Lancel will only consider valid and efficient and will only consider purchase orders with the following characteristics:

- orders may only come from the following countries - for each of which the corresponding price list will be specified: France, Italy, Spain, Germany, Great Britain, Austria, Belgium, Denmark, Sweden, Netherlands, Russia, Finland, Luxembourg, United States of America, Switzerland, Poland, Romania, Portugal, Ireland, Bulgaria, Croatia ;

- orders will be executed by Lancel only if shipping is required within the territory of the price list, from which the order is placed. All orders, without the characteristics indicated above, will not be accepted and, if accepted, may be considered null and void by Lancel. Indeed, Lancel reserves the right not to execute orders that do not have the characteristics indicated above. It is also understood that Lancel may not proceed with the order and/or consider it null and void, when it is not possible to verify the accuracy of the information concerning the shipping address and billing data or if it has been made for resale purposes, in which case Lancel reserves the right to terminate the contract with immediate effect and by a simple written communication by e-mail.

 

3) Products

The products offered for sale by Lancel are those listed on the website www.lancel.com on the day of its consultation by the customer. Each product will be the subject of a descriptive sheet which, in addition to the photograph, will contain: the price, the photograph, the sizes and colours available, the composition, as well as the particular characteristics. Minimal differences between the product and its photograph may exist, depending in particular on the resolution and definition of the colours on the user's screen.

Lancel undertakes to deliver Products that comply with current regulations relating to the safety and health of persons in accordance with European provisions, and in particular with the legislation on controlled chemicals.

 

4) Prices

The purchase prices of Lancel products will be specific for each country, from which the order originates and will be indicated in euros all taxes included, excluding delivery costs and customs duties; it being specified that the value added tax is that in force on the French metropolitan territory on the day the order is validated. Customs fees are the responsibility of the Client.

The prices applied are those communicated on the Site and confirmed to the Customer at the time of his validation of the order.

Delivery costs are communicated to the Customer on the summary of the order before the validation of the latter and are expressed inclusive of all taxes. These costs are borne by the Customer and are invoiced in addition to the selling price of the Products.

Lancel may apply special promotions to one or more products on the site, which modify the price. We reserve the right to change our prices at any time but we undertake to apply the prices indicated on the Site at the time of your order.

We inform you that in the event of the display of an erroneous, obviously derisory price (vile price), for any reason whatsoever (computer bug, manual error, technical error...), the order - even validated by us - will be cancelled, which we will inform you as soon as possible. You will then be able, if you wish, to place your order again at the corrected and exact price.

Private sales will take place from December 26, 2019 to January 7, 2020 on lancel.com. Find all the offers on the page: https://www.lancel.com/fr_fr/ventes-privees.html.
In order to benefit from these private sales, log in or create an account. Offer cannot be combined with other current promotions. Offer valid while stocks last.

 



5) Shipments

 The transport costs of the product, which will be explicitly indicated when purchasing it, will be borne by the Customer. Lancel undertakes, as the user's representative, to enter into a shipping contract with reference transport companies, taking into account the conditions applied by the carrier itself. The user:

- may indicate that the purchase is being shipped to an address different from that of the order and/or billing agent (but always in the same country);

- will have to indicate a shipping address, at which someone is always present to pick up the fold. If there is no one at the address indicated for the collection, it will be necessary to indicate an address other than that of residence, where there is, on the other hand, the required condition;

- Lancel will generally ship the order within 48 hours of receipt of payment confirmation. The estimated delivery times depend on the carrier chosen. In addition, Lancel, once the shipment has been made, will automatically send an email with all the information the user needs to locate the order, including a direct link to the DHL portal or other carrier chosen for immediate verification of the delivery status. In any case, Lancel is not responsible for the lack and/or delay in the delivery of the envelope, in the event that the collection procedures described above are not respected or there are in any case incorrect indications from the customer;

- if the ordered items are not delivered within a period of 10 working days for mainland France and 20 working days for any other destination from the order confirmation, the user may contact Lancel's customer service directly. We will check the status of the order and/or the status of the shipment through the shipping company. The products will in any case be delivered as soon as possible and in any case by the deadlines of the law (i.e. under the terms of article 61 of the Consumer Code 30 days from the date of delivery). To check the countries, to which it is possible to ship, please click here.

For orders outside France, when the package intended for export arrives at destination, it will be the responsibility of the recipient to pay the taxes or customs duties that apply to the country of destination. Local authorities can provide you with useful information.

 

6) Filling in orders

To finalise the purchase contract, the user has to complete the order procedure by filling in all sections on the website and confirm payment for the order on the website of the selected payment entity. It is understood that orders coming from countries other than those indicated and having characteristics different from those described above (in terms of quantity and shipping address) shall in no case whatsoever be accepted.

 

7) Instructions for filling in orders and information

Before starting to fill the order, the Customer must access the FAQ section, where Lancel's identity and address, including e-mail address, delivery costs, any other information concerning the performance of the contract, the existence of the right of withdrawal and the terms and conditions with the deadlines for returning the product, if any, are indicated, as well as other information concerning the General Conditions. The General Conditions may be archived and/or printed by the user who wishes to archive them.

 

8) Procedure for drafting and technical information notes

  In addition, the customer/user of the site will be able to access the FAQ section, where additional information on the operational procedures to be followed for the conclusion of the contract and on the technical means to be used to correct any errors before placing the order is contained.

 

9) Order and Information

During the ordering process, a wide range of summary information is provided on the product's characteristics, price, shipping costs, delivery terms and payment for the product.


10) Filling in orders and liability

To finalize the purchase contract, it will be necessary to complete the ordering and payment procedure on the website of the selected organization. Both operations must be carried out, following the instructions provided on the site. In the event that, as a result of a typing error or anything else, orders have been filled that, by their characteristics, quantities and/or prices, the user does not wish to carry out, he/she must not complete the procedure in question. The user is responsible for correcting the information provided during the ordering and payment process and Lancel declines any responsibility for "unwanted" orders sent by mistake and/or by minors and will execute them in accordance with the information provided by the user, being entitled to claim payment of the established equivalent. In the event that, during the procedure for drawing up the order and concluding the contract, the customer/user notes that the price of one or more products, which he intends to select for subsequent purchase, is visibly lower than that normally applied net of any discounts and/or promotions at that time in force, because of an obvious technical problem that has occurred on the site, he is asked not to complete his purchase order and to report the aforementioned technical error to Lancel, by sending an email to the email address contact@lancel.fr. In the event that the customer/user has completed his purchase order which includes a product whose price is visibly lower than that normally applied, net of any discounts and/or promotions at that time in force, due to an obvious technical problem that has occurred on the site:

 

(a) if the customer has not yet received the product, Lancel will ensure that (i) the order, which will therefore not be delivered, is cancelled by simultaneously sending a communication on this subject by e-mail to the e-mail address indicated by the user at the time the order is written and transmitted and (ii) the user is refunded the payments he has made in respect of the cancelled order, including delivery costs, without undue delay and, in any case, not later than 14 days from the date of cancellation of the order, using the same means of payment as used by the customer for the initial transaction;

 

(b) if the customer has received the product, Lancel will inform the user in due time by e-mail of the error that occurred during the process of completing his order, offering him, as an alternative, to (i) pay to Lancel, within a maximum period of 5 (five) successive days, by one of the available payment methods, the amount corresponding to the difference between the correct price of the product and the incorrect price resulting from the purchase order or (ii) cancel his order, by following the instructions in the same communication and returning the product to Lancel, at Lancel's expense, within a maximum of 14 (fourteen) successive days, by sending it to Lancel, in unchanged form, equipped with all its components and accessories (including labels and labels intact and affixed to the product), accompanied by the attached instructions/notes/manuals, original boxes and packaging and the warranty certificate and the return form, properly completed, which it will find attached to the email sent by Lancel. In the event that the user has chosen the option referred to in point (b) (ii) above, Lancel will ensure that it reimburses the customer for the payments it has made in respect of the cancelled order, including delivery costs, without undue delay and, in any event, not later than 14 days from the date of cancellation of the order, using the same means of payment, used by the user for the initial transaction.

 

11) Filing of orders

 The order confirmation and the corresponding data will be stored in Lancel's telematic database for the period necessary for the shipment of the order and in any case for the period required by law. The customer will receive an order confirmation by e-mail with all the reference data of the order in question. This data will also be visible to registered users in the My Account section. The customer who has placed an order on www.lancel.com will have the possibility to print his invoice by connecting to the site in the order area provided for this purpose.

Lancel reserves the right not to validate orders in the event of:

abnormal or abusive claims,

orders that are abnormal in relation to the quantities ordered,

of abnormal Product price due to a site bug,

abnormal or abusive exchanges and returns,

existing dispute(s) with the client.

The customer service of the Lancel website is at the disposal of the Customer for all questions relating to his order. Customer Service is available by email (contact@lancel.fr) and by phone on 01 85 53 38 30, Monday to Friday, from 10am to 6pm.

 

12) Finalisation of contract

The contract is concluded at the last between the time Lancel receives the order confirmation by telematic means and the time Lancel receives the payment confirmation from the selected organization, after verification of the correction of the data, which are reported therein. Lancel has the right to refuse the order, by communicating it by e-mail within 2 days of receipt of the order, in the case of incorrect data or communication of a credit card code to the selected organization nil and/or incorrect.

 

13) Non-availability of products

 In the event that the products presented on Lancel's e-commerce site are no longer available, Lancel will inform you within 30 days of receipt of the order of the possible unavailability of the products in store. In the event that the price of the product has already been paid, Lancel will refund the amount paid. In this case nothing shall be due from Lancel as compensation for damages or for any other reason.

 

14) Legal warranty

Lancel guarantees the conformity of the products with the provisions of the corresponding product sheet on the site for a period of two years and in accordance with articles 128-135 of the Consumer Code. The warranty does not cover damage caused by: improper treatment of the Products, improper use, accidents, water, solvents, wear and tear, damage caused by carriers and, in any case, damage resulting from third-party factors and not attributable to defects in product conformity. Without prejudice to cases of theft or serious misconduct, compensation for damage resulting from defects in the conformity of the Products and consisting in the loss of the content of the Product and those resulting from the impossibility of using the Product shall in any event be excluded.

 

15) Payments

The prices of the Products purchased are payable in full in cash on the day the Customer places the order. Payment for online purchases made on the Lancel website may only be made by Visa - American Express - Mastercard using the Adyen system or the Paypal system. The amount relating to the order will be charged to the credit card at the time of validation of the order. Payment for orders takes place outside the Lancel systems (inside the Adyen and Paypal servers), which is therefore in no way the holder or responsible for the processing of bank data or credit card data, by which the payment in question is made.

In the event of a default in payment, an incorrect address or any other problem on the Customer's account, Lancel reserves the right to block the Customer's order until the problem is resolved.

In the event of fraudulent use of his credit card on the Site, the Customer is invited to contact Lancel at the following number: 01 85 53 38 30 from Monday to Friday from 10am to 6pm or by email at the following address: contact@lancel.fr

Lancel implements the necessary means to ensure the confidentiality and security of the banking data transmitted on the Site. The Site is equipped with a system for securing online payments to encrypt your banking data. Payment information is transmitted according to the highest security standards. The transmission of your banking data is guaranteed by our partner: Adyen. Adyen is not registered in France.

All information exchanged to process the payment is encrypted using SSL (Secure Socket Layer) protocol. This data cannot be detected, intercepted or used by a third party. At no time does the Customer's financial data transit on Lancel's computer system. Adyen checks that the connection with the web browser is secure before sending the payment form to the bank that is carrying out the financial transaction.

As Adyen is a technical service provider, it does not handle disputes related to orders, which are processed directly by Lancel as specified above or, where applicable, by the Customer's bank.

 

16) Right of withdrawal

The customer enjoys a legal right of withdrawal that it can exercise within a time period of 14 days following receipt of goods, under the conditions set out in Articles L. 221-18 and L. 221-20 of the Consumer Code, if the customer fulfils the conditions set out by these Articles, without the need to provide a reason for their decision or to pay penalties.
Lancel offers to its customers the ability to resiliate the contract entered into with LANCEL within 30 days as from the delivery of the products without any penalty and/or providing a reason. To exercise the right to withdrawal, the buyer must send within 30 days as from the date of receipt of the merchandise by recorded delivery letter with acknowledgement of receipt, a letter in which they expressly declare wishing to return the goods ordered.

This withdrawal form can be found at the following link: https://www.lancel.com/media/wysiwyg/rma/WITHDRAWAL FORM_EN.pdf or also in the dedicated paragraph* below.

The letter can also be sent via fax and/or email, upon the condition that it is confirmed via recorded delivery letter with acknowledgement of receipt within the following 48 hours. The right of withdrawal can be exercised when more than one product is purchased, and solely for several of these products. When exercising the right to withdrawal, the customer must return, at its own cost, the merchandise purchased to LANCEL, by sending it within 30 days as from the date of exercising the right to withdrawal.

For any returns under the framework of the Right to withdrawal, the procedure herein-below must be fully complied with:

the Customer must affix the return label, completed in advance and printed, to their parcel.
No returns can be accepted without the said duly completed label.
Products must be returned in their original packaging, with their label and any possible accessories, in perfect condition to:

ID LOGISTICS RETOURS LS
ZA « Les Bellevues »
16 avenue du Gros Chêne
95610 ERAGNY SUR OISE
France

The Customer is exclusively responsible for the risks and costs associated with returns.
Products must be returned in accordance with the measures indicated in the return procedure, accessible via the FAQs section .



WITHDRAWAL FORM

Download and complete the *Withdrawal Form to exercise your right to return.



17) Returns

The Customer must check the conformity of products dispatched and received for their order at the point of delivery. Any anomalies concerning the delivery such as: damaged package,
missing products,
deteriorated products,
products not corresponding to the order,
Must be notified within the legal time period following receipt of the order.
This notification will be sent to the customer services of the LANCEL site either by recorded delivery letter, by writing to the following address: L.SOGEDI - ID LOGISTICS - 16 Avenue du Gros Chêne 95610 ERAGNY SUR OISE, [or] by email to contact@lancel.fr.

Beyond the legal time frame, and except in the case of hidden defects, no claim will be accepted by LANCEL; the Products will thus be considered as compliant.
To return any non-compliant products, the Customer must adhere to the following procedure:
the Customer must affix the return label, completed in advance and printed, to their parcel.
No returns can be accepted without the said duly completed label.
Returned products (at the buyer’s cost) must be packaged in the original box, in order to avoid the merchandise arriving at its destination in a deteriorated condition.
An equivalent box, in terms of size and strength, can only be used when the original packaging cannot be reused.
LANCEL will not accept returns dispatched by different methods to those indicated herein-above, which are the only ones authorised.
It is not possible to complete the return of goods following withdrawal when costs are payable by the recipient.
When the return has arrived at its destination, LANCEL will check the legitimacy of the return and, after observing that the correct procedures were followed, LANCEL will send a confirmation email to the user.
The amounts paid will be re-credited based on the system used to make the payment. As a general rule, the refund will take place within 14 days as from the date of receipt by LANCEL of the product returned by the buyer.

Packages should be returned to the following address:

ID LOGISTICS RETOURS LS
ZA « Les Bellevues »
16 avenue du Gros Chêne
95610 ERAGNY SUR OISE
France

Returns or exchanges will not be accepted in-store.
The Customer is exclusively responsible for the risks and costs associated with returns.
When non-conformity is observed, LANCEL will offer to refund the product price to the Customer (product price and delivery costs) as well as the cost of returning the non-compliant Product, within thirty (30) days at the latest as from the date of sending the notification of the confirmation of non-conformity by the customer services of the LANCEL site.
In the case of a refund, LANCEL will ensure the full refund of compliant return products, as well as shipping costs paid, with the exception of customs taxes and duties paid by the customer for the delivery.
Returns for goods paid by cash-on-delivery are not accepted.
Upon receipt of a non-compliant item, LANCEL will refund return postal fees in accordance with the chart of fees (non-recorded Colissimo delivery) published by La Poste [French post office] on 1st March of the current year.
The Customer must send proof of return costs paid-out, to the Customer Services, by email or by post.
In the case of abnormal or abusive claims, LANCEL may refuse to fulfil a future order.

 

18) Personal data

Lancel collects a certain amount of information necessary to process orders.

This data is not only necessary for the processing of the Customer's order by Lancel, but also to communicate to the Customer information about the Lancel brand, on the Site or to allow him to benefit from Lancel commercial offers; if the Customer accepts it by validating his order.

The information is strictly confidential and is indicated by an asterisk (*) when necessary for Lancel, and/or its service providers as part of the Customer's order management.

Lancel undertakes to take all necessary precautions to ensure the security of its files and the protection of its computer system, and in particular to prevent the Customer's personal information from being distorted, damaged or accessed by unauthorized third parties.

To learn more about the policy for handling confidential data, click here

 

19) Cookies

 In order to process the Customer's order, and in order to better understand its needs and personalize the services offered on the Site, Lancel uses cookies. The cookie is a computer file, stored on the hard disk of the Customer's computer, which is used to report his or her visit to the Site.

Cookies memorize the time the Customer visits the Site, his identity (known by his email address and password) and the contents of his basket. Once disconnected from the Site, this information is stored for 30 (thirty) days before being permanently deleted.

 The Customer may oppose the recording of cookies by configuring his Internet browser. He then loses any personalization of the service offered to him on the Site.

To learn more about Lancel's use of cookies, click here

 

20) Applicable law

These General Terms and Conditions of Sale are subject to French law.

 

21) Disputes – Applicable Law

These General Conditions of Sale are subject to French law.
If difficulties arise following the ordering or delivery of LANCEL items, the customer will have the option, prior to any legal action, to seek an amicable solution and to make a referral to CMAP – Centre de Médiation et d’Arbitrage de Paris [The Centre for Mediation and Arbitration of Paris], the consumer mediator that the company LANCEL makes referrals to.
To submit a dispute to the mediator, the customer can fill-in the form on the CMAP website: www.cmap.fr tab “you are: a consumer”, [and] send their complaint to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or send an email to consommation@cmap.fr.
No matter which method is used to make a referral to CMAP, the customer’s request must include the following details to be quickly processed:
their postal address, email and telephone details as well as the full name and address of LANCEL (LANCEL Sogedi, 48-50 rue Ampere, 75017 Paris), a succinct overview of the facts, and proof of steps taken by the customer to liaise with LANCEL prior to making a referral to CMAP.
Additionally, the European Commission provides an Online Dispute Resolution platform (ODR) for the context of sales contracts or online services between a consumer residing in the European Union and a business established in the European Union.
This platform is accessible at the following address: https://webgate.ec.europa.eu/odr/.
Referral to mediation is an alternative mechanism that is not a required condition prior to taking legal action.

Any dispute or controversy relating to these General Terms and Conditions of Sale and the relationship between the parties shall be submitted to the exclusive jurisdiction of the Commercial Court of Paris, France.