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GENERAL CONDITIONS OF SALE
ARTICLE 1/ PURPOSE AND IDENTIFICATION
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These General Conditions of Sale define the conditions applicable to sales concluded between, on the one hand, persons wishing to make a purchase (hereinafter referred to as the «CUSTOMER») via the website www.laveritablepipeduboisdeboulogne.fr and Yoann GREDE , EI, whose commercial name is LVPB, with its head office in Paris (75015), registered at the Paris Register of Companies under number 940 357 965. These conditions apply exclusively to non-commercial natural persons.
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ARTICLE 2/ ORDER
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The CUSTOMER can order via www.laveritablepipeduboisdeboulogne.fr
The order implies the irrevocable acceptance of these general conditions of sale. These general conditions of sale may be subject to changes, the applicable conditions are those in force on the website www.laveritablepipeduboisdeboulogne.fr at the date of placing the order.
The command is carried out according to the following procedure:
1. The CUSTOMER selects the product or products to be purchased and adds them to the shopping cart called “basket” by clicking once on “add to basket”.
2. To continue with his purchases or place an order, the CUSTOMER must click on the corresponding button "continue my purchases" or "order".
3. When the purchases are completed, the CUSTOMER must click on the "order" button which will redirect him to the "finalize my order" page. The CUSTOMER will still have the possibility at this stage to modify his order.
4. To finalize his order, the CUSTOMER must be connected to his CUSTOMER account in order to complete and confirm the details necessary for delivery. The order can only be registered on the site if the user has clearly identified himself by entering his CLIENT code (corresponding to the email) and a chosen password.
5. On the page «finalize my order», the CUSTOMER must declare that he has read and accepted the general terms of sale (GTC).
6. If the CUSTOMER does not wish to make any changes to his order and/or contact details, he must confirm his order by clicking on «pay my order». At this stage, the second acceptance will be deemed to be the conclusion of the contract.
Any order is taken into account only after acceptance of payment.
After acceptance of payment, an order confirmation email will be sent to the CUSTOMER.
After confirmation of the transaction, the order number will be communicated to the CUSTOMER and a systematic email confirming the validation of the CUSTOMER’s order and then its shipment with its parcel tracking number.
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ARTICLE 3/ PRODUCT AVAILABILITY
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Any order constitutes acceptance of the prices and description of the products available for sale.
LVBP undertakes to fulfill the orders received on the website only within the limits of available stocks. In the absence of availability of one or more product(s) ordered (s), LVPB undertakes to inform the Customer as soon as possible. The Customer’s order will then be automatically cancelled for the item(s) concerned (and the corresponding amount refunded via the payment method used during the purchase).
ARTICLE 4/ PRICES AND INVOICES
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All prices of the products are indicated including all taxes excluding participation in shipping costs.
LVPB reserves the right to change its prices at any time without notice.
The products will be invoiced on the basis of the price in force at the time of the order confirmation and remain the property of LVPB until full collection of the price.
The price will be payable in full at one time.
A summary invoice of the order will be available as soon as the order is shipped on the «My orders» section of the CUSTOMER account.
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ARTICLE 5/ DELIVERY IN FRANCE
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5.1. Delivery areas
Delivery is made in metropolitan France and Corsica, subject to the provisions mentioned below. The products will be sent to the delivery address that the CUSTOMER has indicated during the order process.
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5.2 Modes of delivery
Colissimo – home
The package is delivered to the CUSTOMER by hand or in his mailbox. If its size does not allow a return to the mailbox, it will be made available to the CUSTOMER in the nearest post office or Colissimo relay point. The CUSTOMER has 10 working days from the arrival of his package in post office, to come and collect it. After this time, it will be returned to the sender.
5.3 Delivery times and costs
LVPB processes orders from Monday to Friday (except holidays), within an average of 48 hours. At certain periods (especially during sales or Christmas), the processing time may be longer due to the greater number of orders to be processed.
To this time period must be added the transport times specific to each carrier and independent of our will.
The maximum delivery time, including transport, is 30 working days from the date of validation of the order, unless otherwise expressly stated before placing the order and prior to its final validation.
In all cases, the CUSTOMER automatically receives an email informing him of the shipment and tracking of his order.
Each delivery shall be deemed to have been made as soon as the product has been made available to the CUSTOMER, by the postal service or by the carrier.
Via Colissimo - Domicile: 5,50€ TTC. At home without signature, in 3 to 5 working days.
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ARTICLE 6/ INTERNATIONAL DELIVERY
6.1 Modes of delivery
The International Post
Packages are delivered by Post or DHL to the address indicated when ordering. As such, LVPB is not able to guarantee a precise delivery time. The package is delivered to the CUSTOMER by hand or in his mailbox. If its size does not allow a return to the mailbox, it will be made available to the CUSTOMER in the post office to which it is attached. The CUSTOMER has 10 working days from the arrival of his package in post office, to come and collect it. After this time, it will be returned to the sender.
6.2 Delivery times and costs
LVPB processes orders from Monday to Friday (except holidays), within an average of 48 hours. At certain periods (especially during sales or Christmas), the processing time may be longer due to the greater number of orders to be processed.
Add to this time the transport times, the delivery of orders being ensured by the parcel service of La Poste International or Mondial Relay.
The maximum delivery time, including transport, is 15 working days from the date of validation of the order, unless otherwise expressly stated before placing the order and prior to its final validation.
In all cases, the CUSTOMER automatically receives an email informing him of the shipment and tracking of his order.
Each delivery shall be deemed to have been made as soon as the product has been made available to the CUSTOMER, by the postal service or by the carrier.
• Belgium: 8,90 € TTC
• OVERSEAS TERRITORIES: 23.90 €
• Switzerland: €14.90
• United Kingdom: €14.90
• Rest of the world: 23.90 €
Outside the European Union, customs fees may be applied and are at the customer’s expense.
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ARTICLE 7/ PAYMENT AND SECURITY
The payment of purchases must be made using a credit card (bank card, Visa, Mastercard). The order will be registered as soon as the payment has been accepted by the bank. The CUSTOMER must enter the card type, name on the card, card number, expiry date and security code located on the back of the card in the slots provided for this purpose.
The CUSTOMER’s bank account will be debited at the time of order.
LVPB makes every effort to ensure the confidentiality and security of the data transmitted on the web and on the website www.laveritablepipeduboisdeboulogne.fr.
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ARTICLE 8/ RIGHT OF WITHDRAWAL
In accordance with the provisions of article L.221-18 of the Consumer Code, the CUSTOMER has a period of 14 days to exercise his right of withdrawal without having to justify reasons. The starting point of the deadline is the day of receipt of the ORDER by the CUSTOMER or by the third party designated by him. If the 14-day period expires on a Saturday, Sunday or public holiday or non-working day, it is extended to the following first business day.
In order to exercise its right of withdrawal, the CUSTOMER must notify LVPB of its decision to withdraw before the expiry of the deadline:
Either by logging in to your CLIENT area in the “My Order History” section using the following procedure:
- Make a return request by selecting the product or products that they wish to return (check the boxes),
- Indicate the reason for the return in the box dedicated to this purpose,
- Validate your return request by clicking on send back a product
Either by returning the duly completed and signed withdrawal form to the following address: LVPB, 1 rue Malassis 75015 Paris.
The CUSTOMER will then receive an email confirming receipt of his request and a return number and a return label to be affixed on the package. The label allows you to pay no return costs.
If the right of withdrawal is exercised within the above-mentioned period, only the price of the product or products purchased and any delivery costs will be refunded to the CUSTOMER upon receipt of the package or proof by the CUSTOMER that the item or articles have been shipped.
The return costs will be covered by LVPB (for shipments from FRANCE only).
In accordance with article L.221-23 of the consumer code, the customer has a legal period of 14 days maximum from the date of withdrawal to return the product or products.
The product or products will be returned in a new condition (unworn, undamaged, undamaged or dirty) and must not have been subject to prolonged use (beyond the time necessary for their test). They must be returned in their original packaging, accompanied by any accessories.
The refund will be made within 14 days of the date on which Parade has been informed by the Customer of its decision to withdraw. In any case, this refund may not be made until LVPB has received the article or articles subject to the Customer’s withdrawal or provided proof of return thereof. The refund will be made according to the method of payment of the returned order, unless the Customer agrees with LVPB a different way. The refund cannot be made if the article concerned has suffered a depreciation resulting from manipulations other than those necessary to establish its nature, characteristics and conformity.
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ARTICLE 9/ RETURN AND REFUND
9.1 Delay
Regardless of the withdrawal period mentioned above, the CUSTOMER has 45 days from the date of receipt of the order to return the item or items that do not suit him, and subject to compliance with the conditions set out below. Returns received after the deadline will be re-sent to the customer. No refund will be made.
9.2 Conditions of return
Only returns from orders placed on the website www.laveritablepipeduboisdeboulogne.fr will be accepted. Any return request must be made via the «my orders» section of the CUSTOMER account and this within 45 days after receipt of the order. If the deadline of 45 days is exceeded, returns will be refused.
International returns (excluding France and Belgium) are the responsibility of the customer. Customs fees may apply, they are also at the customer’s expense. Here is the address to return products to us:
LVPB
1 rue Malassis
75015 Paris
France
9.3 Status of products
All returned products must not have been worn, washed or damaged and must be returned intact in their original packaging (tissue paper, plastic pouch, initial labelling)
Upon receipt of the package, LVPB will judge the condition of the returned goods. No return will be accepted and therefore no refund will be made if the returned products have been visibly used or damaged by the customer and this use or damage makes the product unsuitable for sale
9.4 Refund of returns
In the case of a return that complies with the conditions mentioned above, LVBP will refund the returned products no later than 20 days after the return of the goods. This refund will be made on the payment method used when ordering the CUSTOMER.
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9.5 Reimbursement of shipping costs
LVPB will reimburse the shipping costs incurred by the CUSTOMER if the latter has previously made a return request to the FAGUO CUSTOMER SERVICE and the order is returned to LVPB 1 rue Malassis 75015 Paris, France in its entirety and within 45 days of receipt of the order.
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ARTICLE 10/ INTELLECTUAL PROPERTY
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All elements of the LVBP site, whether visual or sound, are protected by copyright, trademarks or patents. They are the exclusive property of LVPB.
Any total or partial reproduction, modification or use of this trademark, as well as other intellectual property rights attached to the site, for any reason and on any medium whatsoever, without express prior agreement of LVPB, is strictly prohibited.
ARTICLE 11/ RESPONSIBILITY
The company LVPB has, for all stages of access to the site and the ordering process only an obligation of means. LVPB cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, including a breakdown of service, an external intrusion or the presence of computer viruses, or any act of force majeure, in accordance with the case law.
In addition, LVPB cannot be held responsible if the order does not succeed or if it is prevented from fulfilling any of its obligations for a case of force majeure within the meaning of the jurisprudence, and in particular in the event of a strike or bad weather preventing delivery of the order.
For products that have been customized, LVPB cannot be held responsible for the customization choices of the personalized article that would not fit, and in particular the possible color difference «screen/ reality».
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ARTICLE 12/ LEGAL GUARANTEES
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12.1 Legal warranty of conformity and warranty for hidden defects
The products benefit from the legal guarantee of conformity (article L 217-4 and following of the Consumer Code) and the warranty of hidden defects (article 1641 and following of the Civil Code). Any warranty is excluded in case of external damage or following misuse, improper use, negligence or lack of maintenance on the part of the Customer, as in case of normal wear and tear of the product.
- Article L217-4 (conformity of products) of the Consumer Code
The seller is obliged to deliver a good in accordance with the contract and is liable for any defects of conformity existing at the time of delivery (...).
- Article L217-5 of the Consumer Code
To be in conformity with the contract, the property must:
1o Be suitable for the usual intended use of a similar good and, if applicable: correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or model; to present the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2o Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.
Article L217.7 Consumer Code
Defects of conformity which appear within a period of twenty-four months from the issue of the good are presumed to exist at the time of the issue, unless there is evidence to the contrary.
The seller may contest this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L217-9 Consumer code.
In case of lack of conformity, the buyer chooses between repair and replacement. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is manifestly disproportionate to the other modality, given the value of the good or the importance of the defect. He is then obliged to proceed, unless it is impossible, according to the modality not chosen by the buyer.
Article L217.10 Consumer Code
If repair and replacement of the goods are not possible, the buyer may return the goods and have the price returned or keep the goods and have part of the price returned.
The same faculty is offered to him:
1° If the solution requested, proposed or agreed pursuant to article L.217-9 cannot be implemented within one month of the buyer’s complaint;
2° Or if this solution cannot be used without major inconvenience for the client, taking into account the nature of the property and the use it seeks.
However, the sale cannot be terminated if the defect is minor.
Article L217-12 Consumer code
The action resulting from the lack of conformity is prescribed by two years from the issue of the property.
Article L217-13 Consumer Code
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from the vices resulting from the articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature that is recognized by the law.
Article 1641 of the Civil Code: The seller is liable for warranty in respect of hidden defects of the thing sold which make it unfit for the use to which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, If he knew them.
​Article 1648, paragraph 1 of the Civil Code: The action resulting from the reclaiming defects must be brought by the purchaser within a period of two years from the discovery of the defect.
The guarantor for defects of the item sold is EURL LVBP whose registered office is located at 1 rue Malassis 75015 Paris. When acting as a legal guarantee of compliance, the customer has a period of two years from the issuance of the property to act, may choose between repair or replacement of the property, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code, is exempt from providing proof of the existence of the lack of conformity of the property within 24 months following the delivery of the property. The legal warranty of conformity applies regardless of any commercial warranty that may be granted.
The customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and can choose between the resolution of the sale or a reduction of the sales price in accordance with article 1644 of the Civil Code.
12.2 Return and refund procedures for defective or non-conforming products
The CUSTOMER requesting the benefit of the legal warranty of conformity or hidden defects must then return the article within the legal deadlines to LVPB, 1 rue malassis- Paris, France). Prior to this return, the CUSTOMER must imperatively make a request for return via the section «My orders» of the CUSTOMER account.
In the event of a return of a defective or non-conforming product, after LVPB has established that the product is defective or non-conforming, LVPB will reimburse the CUSTOMER for the price of the article or articles concerned and, in the case of a return of the entire order, the shipping costs. This is only applicable for products purchased on www.laveritablepipeduboisdeboulogne.fr
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ARTICLE 13/ PERSONAL DATA
Regulatory framework
In accordance with the French Data Protection Act of 6 January 1978 and the General Data Protection Regulation (EU Regulation 2016/679 of 27 April 2016), LVPB processes personal data of its customers and prospects, hereinafter referred to as Customer data and Prospect data.
Data controller
The data controller is LVPB whose registered office is located at 1 rue Malassis 75015 Paris. The Data Protection Officer can be contacted at this email address: contact@laveritablepipeduboisdeboulogne.fr
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Type of data collected
The Customer and Prospect data collected by LVPB may be as follows: name, surname, title, email address, date of birth, postal address and delivery address, telephone number. LVPB also reserves the right to collect browsing data through the use of cookies, in accordance with current legislation. The cookie is a computer file stored on the hard disk of the Client’s computer. It is intended to report a previous visit of the Client or Prospect on the website www.laveritablepipeduboisdeboulogne.fr
Regarding the data of minors, LVPB undertakes not to create a customer account for a person under 18 years old.
Purposes of processing
These Customer and Prospect data are collected as part of LVPB’s activities in selling clothing and managing the customer base through segmentation, prospecting, loyalty and communication by email or SMS.
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Recipients
The recipients of the data are the customer services, e-commerce marketing of LVPB, as well as several payment service providers: Paypal, the host of the site laveritablepipeduboisdeboulogne.fr: WIX, and our transport service providers Colissimo, Mondial Relay, to ensure the delivery of customer orders. Data transfers with our service providers are governed by contract and applicable law, and are subject to an adequate level of data security.
Conservation
In accordance with the retention principle of the General Data Protection Regulation, and the Simplified Standard 48 for the management of customer and prospect files, personal data relating to customers may not be retained beyondbeyond the strictly necessary storage period for the management of the commercial relationship.
LVPB undertakes to delete or archive Customer data after a period of 3 years following the last purchase, and Prospect data after a period of 3 years following the last interaction.
The exception is data necessary to establish proof of a right or contract that may be archived, as provided for by the provisions of the Commercial Code relating to the retention period of books and documents created during commercial activities, and the Consumer Code relating to the retention of contracts concluded electronically.
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Rights of the data subject
The Customer or Prospect has a right of access and rectification of the data concerning him, and can also assert his right to erasure or right to be forgotten, as well as his right of opposition or right to portability. For any request, it is enough to write to LVPB at 1 rue malassis or by mail via our contact form.
On the other hand, the Customer or Prospect can disable the use of cookies at any time by selecting the appropriate settings in their browser. However, such deactivation may prevent the use of certain features of the site www.laveritablepipeduboisdeboulogne.fr
Finally, any Customer or Prospect has the right to file a complaint with the competent supervisory authority (in France, this is the CNIL) regarding the processing of their personal data.
Lawfulness of processing
Providing customer data is required for a purchase on the site www.laveritablepipeduboisdeboulogne.fr in particular for delivery of the order to the customer. The collection of Prospect data is based on the legitimate interest of the controller. Finally, the data processing by LVPB may meet a legal obligation (tax or litigation management for example).
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ARTICLE 14/ APPLICABLE LAW
These conditions are subject to French law.
In the event of a dispute, LVPB and the CUSTOMER will try to resolve it amicably through the customer service whose contact details are mentioned under article 17 below.
For orders placed on the site, the CUSTOMER may also submit any complaints on the dispute resolution platform put online by the European Commission: http://ec.europa.eu/consumers/odr/. The European Commission will transfer the complaint to the competent national ombudsmen.
In the event that one of the clauses of this contract is null and void due to a change in law, regulation or a court decision, this shall not affect the validity and compliance with these general terms and conditions.
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ARTICLE 15/ DURATION
These conditions apply for the entire duration of the online services offered by LVPB
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ARTICLE 16/ DISPUTES
These conditions are subject to French law. In the event of a dispute, LVPB and the Customer will attempt to resolve it amicably.
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ARTICLE 17/ EVIDENCE
The electronic records, kept in the computer systems of LVPB and its partners under reasonable security conditions, will be considered as evidence of communications, orders and payments made between the parties.
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ARTICLE 18/ CONSERVATION AND ARCHIVING OF TRANSACTIONS
The archiving of purchase orders and invoices shall be carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1348 of the civil code.
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ARTICLE 19/ CUSTOMER SERVICE
For any request and question, the CUSTOMER service is contactable in 2 ways:
- By email: contact@laveritablepipeduboisdeboulogne.fr
- By mail to LVPB, 1 rue Malassis 75015 Paris.
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