Alice x Leon & Harper
2. Application and Opposability
3. Ordering products on the site
4. Price and conditions of payment of the order
7. Legal and commercial warranties
8. Customer's obligations
9. Right of retractation
11. Personal Data - Cookies - Safety
13. Electronic messages
14. Applicable law and jurisdiction
These General Terms and Conditions of Online Sale are current as of January 6, 2017.
These General Terms and Conditions of Online Sale are proposed by Leon & Harper (hereinafter referred to as "the Company"), a SAS company with a capital of € 80,000 and registered in the Commercial and Companies Register of Paris (France) under the number 519 041 719, whose registered office is 68 rue Charlot, 75003 Paris. Its untaxed phone number is +33 1.40.26.26.70 its e-mail address is valentin(at) leonandharper.com and its individual VAT identification number is FR 77 519 041 719.
The company owns and publishes the website leonandharper.com (hereinafter "the Site"). The Site is hosted by Typhon Claranet, a SAS company domiciled at 18-20 rue du Faubourg du Temple 75010 PARIS, available at 0826007656.
The Publication Director is Philippe CORBIN.
The Site offers the Customer (hereinafter "the Customer") the opportunity to acquire shoes and fashion accessories.
Before using the Site, the Customer must ensure that it has the technical and computerized means to use the Site and order the products of the Site, and that its browser allows secure access to the Site. The Customer must also ensure that the computer configuration of its hardware / equipment is in good condition and does not contain any viruses.
The purpose of the General Terms and Conditions is to define all the conditions under which the Company markets the products as offered for sale on the Site to Customers. The GTCS therefore apply to any Order ('' Order '') of products placed on the Site by the Customer.
The Customer declares that it has read and accepted the GTCS prior to the placing of its Order.
The validation of the Order therefore constitutes acceptance of the GTCS. These are regularly updated, the applicable GTCS are those in effect on the Site on the date of the order. The Customer will be kept informed of changes to the GTCS by any means.
Any condition to the contrary posed by the Customer is therefore, in the absence of express acceptance, unenforceable to the Company whenever it may have been brought to its knowledge.
The fact that the Company does not at any time avail itself of any provision of the GTCS cannot be interpreted as a waiver of any future provision of the GTCS.
The products offered for sale are described and presented with the greatest possible accuracy. Nevertheless, a minimum variation in the color of the Products does not engage the responsibility of the Company and does not affect the validity of the sale.
The Company may correct the contents of the site at any time.
The Customer selects the product (s) it wishes to buy, and can access at any time the summary of its Order.
The summary of the Order presents the list of the product (s) that the Client has selected and includes any additional costs such as the price of delivery in addition to the price of the product (s) of the Order. The Customer has the possibility to modify its Order and to correct any errors before proceeding to the acceptance of its Order.
After having accessed the summary of its Order, the Customer confirms the acceptance of its Order by checking the box of validation of the GTCS and then clicking on the icon of validation of the Order.
After acceptance of the GTCS and validation of the Order with obligation to pay, the contract is validly concluded between the Company and the Customer and irrevocably engages them.
After the validation of its Order and in order to make the payment, the Customer enters the details to which it wishes to obtain the billing of the product (s) ordered, and the delivery if these addresses are different. The process of delivery of the product (s) is described in Section 5 of this GTCS.
The Customer validates its billing and delivery details if necessary by checking the details validation box. The Company then sends it an order confirmation by email, including the elements of the summary of its Order and the invoice addresses and, if applicable, delivery addresses.
After having validated its billing and, if applicable, delivery details, the Customer proceeds to the payment of its Order according to the modalities specified in Section 5.3 and following of the present GTCS.
The prices are mentioned on the Site in the descriptions of the products, in euros with all taxes included. If the sale involves the payment of customs duties, these shall be borne by the Customer in accordance with the Incoterm: Delivered at Place (DAP).
The total amount is indicated in the summary of the Order, before the Customer accepts the present GTCS, validates its Order, informs and validates its billing and, if applicable, delivery details and proceeds to the payment. This total amount is indicated in all taxes included.
The Order of products on the Site is payable in euros. The entire payment must be made on the day of the Order by the Client, by bank card, unless special conditions of sale expressly are accepted by the Client and the Company.
In case of payment by credit card, the Site uses the security system of Hipay, a provider specialized in securing online payment. This system guarantees the Client the complete confidentiality of its banking information. The banking transaction by bank card, carried out between the Client and the secure system is therefore fully encrypted and protected. This means that the information relating to the Order and the number of the credit card does not circulate on the Internet. The Customer's bank details are not stored by the Company.
Payment can be made via Paypal (PayPal Europe SARL & Cie, SCA 22-24 Boulevard Royal, 5th Floor, 2449 Luxembourg), which uses Secure Socket Layer (SSL) protocol in such a way that the transmitted information is encrypted by a software and that no third party can take notice during transport on the Internet. The Customer is not required to have a PayPal account to pay for the order. On the PayPal.com payment page, there is an option for non-PayPal.com users that the Customer can use. The Site is not responsible for the site Paypal.com, it cannot in any case be held responsible by the Client of the consequences of a misuse of the said sites on its part, nor of the inaccessibility of this website if so eventuality occurs. Customer's account will be debited immediately.
The Customer warrants to the Company that it has the necessary authorizations to use the method of payment when placing the Order.
The Company reserves may suspend or cancel any execution and / or delivery of an Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Customer to the Company, in case of payment incident, or in case of fraud or attempted fraud relating to the use of the site and the payment of an Order.
The products offered on the Site may be delivered to the European Union (with the excluding of the French Overseas Departments and Territories and Spain), Switzerland and Norway. In the case of delivery outside the European Union, customs and delivery charges will be borne by the Customer.
The Company agrees to deliver the products within a period not exceeding 7 days from the date of Order.
The Customer is informed by email, when its Order is ready, of its shipment. The ordered product (s) is (are) delivered to the delivery address indicated by the Customer at the time of its Order in the conditions specified in article 5 of the present GTCS.
The Client must ensure that the communicated information referred to in Section 3.7 and mentioned in the confirmation email referred to in Section 3.8 of these GTCS are correct and remain so until the delivery of the Product (s) ordered. The Customer agrees to inform the Company of any change in billing and / or delivery details that may occur between the Order and the delivery, by sending an email immediately to the customer service email address. Failing that, in the event of delay and / or error of delivery, the Company shall in no case be liable for the default of delivery, and the Customer Service of the Company will contact the Customer for a second delivery on Customer' fee.
The Company will also not be liable if the non-receipt of the products is due to the fact of a third party outside its intervention or in case of theft.
In case of return of the Order due to the absence of the Customer, the customer service of the Company will contact the Client for a second delivery at the Customer's expense.
The Customer will be able to follow the delivery of its Order by contacting the Customer Service whose number appears in Section 6 of the present GTCS.
For any request for information, clarification or any complaint, the Customer must contact, as a priority, the Customer Service of the Company, in order to allow the Company to try to find a solution to the problem.
The Company's Customer Service is available between 9:30 am and 1:00 pm and between 2:30 pm and 5:00 pm, Monday to Friday, using the following contacts:
phone (untaxed number) : +33 1 40 26 26 70
email : valentin(at)leonandharper.com
postal mail: Leon & Harper, Service Client, 68 rue Charlot 75003 Paris, France
Legal guarantees :
All products offered by the Company are subject to the legal guarantee of conformity provided for by law, in particular Articles L.217-4, L.217-5 and L.217-12 of the French Consumer Code, and Guarantee of hidden defects provided for in articles 1641 and 1648, first paragraph, of the French Civil Code :
Article L.217-4 of the French Consumer Code providing that the seller delivers goods conforming to the contract and is liable for defects of conformity existing at the time of issue. He shall also be responsible for any defects in conformity resulting from the packaging, installation instructions or installation when this was charged to him by the contract or was carried out under his responsibility.
Article L.217-5 of the Consumer Code: "The property is in conformity with the contract:
(1) If it is suitable for the customary use of a similar good and, where appropriate:
- it corresponds to the description given by the seller and possesses the qualities which he has given to the buyer in the form of a sample or a model;
The declarations made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or be specific to any special purpose sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.
Article L.217-12 of the Consumer Code: "Action resulting from lack of conformity shall be prescribed by two years from the date of issue of the goods."
Article 1641 of the Civil Code: "The seller shall be liable for the hidden defects of the thing which renders it unfit for the use for which it is intended that the buyer does not, Or would have given a lesser price if he had known them.»
Article 1648 of the Civil Code, first paragraph: "The action resulting from the crippling defects must be instituted by the purchaser within two years from the discovery of the defect."
This is a non-official and non-binding English translation only supplied for the convenience of the GTCS. In case of contradiction between the English version and the French version, the latter applies.
If a Customer considers that it has received a product which it considers to be defective or non-compliant, it shall contact the Company as soon as possible after receipt of the Order at the following e-mail address: valentin (at) leonandharper.com, or by registered mail with acknowledgment of receipt to the following address: Leon & Harper, Customer Service, 68 rue Charlot, 75003 Paris, France, specifying the defect or non-compliance in question.
It shall be the Client's responsibility to provide any justification as to the designation of apparent defects and / or anomalies. The Client must leave to the Company any ease to detect these defects or nonconformities and to remedy them if necessary. It shall refrain from intervening itself or any third party for this purpose.
If the defects and / or anomalies are confirmed by the Company, the Company will then send the Customer instructions on how to proceed after having read the complaint thus made and, if necessary, will proceed to the replacement of the product of which the Company would have been led to note the lack of conformity, or the defect.
In the event that the exchange of the product is impossible, the Company will be obliged to reimburse the Customer within fourteen (14) days of receipt of the product. The reimbursement will be made on the proposal of the Company by credit to the Client's bank account, the Customer being able to opt for another method of reimbursement than the proposed one.
The Customer agrees to abide by the terms of these GTCS.
The Customer agrees to use the Site and the products in accordance with the instructions of the Company.
The Customer agrees that it only uses the Site for its personal use, in accordance with these GTCS. In this regard, the Client agrees to abstain:
-To use the Site in any illegal manner, for any illegal purpose or in any way incompatible with these GTCS.
- To sell, copy, reproduce, lease, lend, distribute, transfer or sublicense all or part of the content on the Site or to decompile, reverse engineer, disassemble, modify, display in readable form Discover any source code or use any software that activates or includes all or part of the Site.
- To attempt to obtain unauthorized access to the Site's computer system or to engage in any activity that is disruptive, degrading, or interfering with performance or impairing the functionality of the Site.
- Use the Site for abusive purposes by intentionally introducing viruses or other malicious programs and attempting unauthorized access to the Site.
- Infringing the Company's intellectual property rights and / or reselling or attempting to resell the products to third parties.
- To denigrate the Site and / or the products and the Company on social networks and any other means of communication.
If for any reason the Company considers that the Customer does not comply with these GCOS, the Company may at any time, in its sole discretion, remove its access to the Site and take all necessary measures including civil and criminal against the Customer.
In accordance with articles L.121-18 and following of the French Consumer Code, the Customer has a period of fourteen (14) clear days from receipt of the last product ordered on the Site to exercise its right of withdrawal from the Company, without having to justify reasons or to pay a penalty.
To exercise its right to withdraw from the Order, the Customer must notify its decision to withdraw it by means of a declaration without ambiguity, without giving reasons. The Client may communicate its decision to withdraw from the contract by any means, including by mail to the Company at the following address: Leon & Harper, Customer Service, 68 rue Charlot, 75003 Paris or by e-mail to valentin (at) leonandharper.com.
The Customer has on the Site a retraction form, to print and complete with the number of the order. Once completed, the withdrawal form validating the withdrawal decision can be sent directly to the Company. The form can be found at the following address: [link to the form available on the site].
In the event of notification to the Company by the Customer of its decision to retract, whatever the means employed, the Company will immediately send it an acknowledgment of receipt of the retraction on a sustainable support (in particular by e-mail).
The Customer must return the product (s) in the same condition as it was received, and with all packing materials, accessories and notices (even if the product (s) unpacked), as soon as possible and at the latest within fourteen (14) days from the notification of the decision to withdraw this contract, to the following address: Leon & Harper, Service Back, 122 rue Paul Vaillant Couturier, 93130 Noisy-le-Sec. In accordance with the law, the Client assumes the cost of returning the product (s).
The Customer is invited to indicate the reason for return / retraction, in order to help the Company improve its service.
In case of withdrawal of the Customer, the refund of the product (s) that has been subject to the right of withdrawal is made by the Company by the same means of payment as used for the initial transaction, unless the Client agrees expressly by a different means. In any case, this reimbursement will not incur costs for the Customer. The reimbursement shall be made as soon as possible and no later than fourteen (14) days from the date on which the Company is informed of the Customer's decision to withdraw its Order.
In accordance with Article L.221-23 of the French Consumer Code, the Customer is informed that its liability towards the Company is only incurred for a depreciation of the product (s) returned following the exercise of its right of withdrawal, resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this or these goods.
The Company shall take all appropriate measures to ensure that the Customer is able to supply quality products under optimal conditions. However, in no event shall the Company be liable for any breach or improper performance of all or part of the services provided for in the contract, which would be attributable either to the Customer or to the unpredictable and insurmountable fact of a third party outside the contract, or in case of force majeure. More generally, if the Company's liability was incurred, it could under no circumstances accept to indemnify the Customer for indirect damages or whose existence and / or quantum would not be established by evidence.
The Site may contain links to other sites not published or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
The establishment of such links or the reference to any information, articles or services provided by a third party, can not and should not be interpreted as an express or tacit endorsement by the Company of such sites and of their contents.
The Company is not responsible for the availability of these sites and can not control its content or validate the advertising, products and other information disseminated on these websites.
It is expressly stipulated that the Company can not in any case be held liable in any way for the case where the electronic equipment or the electronic mail of the Clients would reject, for example because of an anti-spam, the Mails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary statement of the Order referred to in Section 4.9 of the present GTCS and the electronic mail of tracking delivery.
The Customer is fully aware of the provisions of this Section and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.
The Company attaches great importance to the respect of privacy and takes all necessary measures to ensure the confidentiality and security of personal data of Clients. It will retain cookies from the site recovered by computer, tablet and phone navigation for thirteen (13) months.
In connection with the supply of the products, the Company collects personal data of the Clients and in particular the following data:
- E-mail adress
- First name
- Mailing Address and Delivery Address
_ Phone number
- Birth date
- Consumption data
- Bank details only in case of order (transmission to the payment service provider)
For this purpose, the processing of the data of the Clients is declared to the French Data Protection Authority (CNIL) under number 1556330.
The Company collects and processes the personal data of the Clients for the following purposes:
- Provision of products and services on the Site;
- Order management;
- Management of returns, exercise of the right of withdrawal, payment, invoicing ...;
- Information on the Company, the services, and the activities of the Company;
- Response to any questions / complaints of Customer;
- Preparation of statistics;
- Management of requests for access rights, rectification and opposition;
- Management of delinquencies and litigation.
The data relating to the management of the personal data of the Clients are retained for the duration strictly necessary as defined by the French Data Protection Act as amended (« Loi Informatique et Libertés »).
The personal data of the Customers are processed by the commercial department of the Company as well as by the partner companies and subcontractors of the Company..
The Company may also disclose personal data in order to cooperate with the administrative and judicial authorities.
The Company shall ensure that the personal data of the Customers are secured in an appropriate manner and has taken the necessary precautions in order to preserve the security and confidentiality of the data and in particular to prevent them from being distorted, damaged or communicated to unauthorized persons.
Obligations of Clients
- Customers acknowledge that the personal data disclosed by them are valid, up-to-date and adequate;
- Customers undertake not to infringe the privacy, image and the protection of the personal data of any third person and thus not to communicate to the Company the data of third persons without their consent.
Pursuant to French Decree No. 2011-219 of 25 February 2011 relating to the retention and communication of data to identify any person who has contributed to the creation of online content, the Customer is informed that the host of the Site is obliged to keep for a period of one (1) year from the day of the creation of the contents, for each operation contributing to the creation of a content:
- The identification of the connection at the origin of the communication;
- The identification assigned by the information system to the content, object of the operation;
- The types of protocols used for connection to the service and for the transfer of contents;
- The nature of the transaction;
- The date and time of the operation;
- The identification used by the author of the operation when the latter provided it.
In case of cancellation of the contract or the closure of the account, the host must also keep for a year from the day of termination of the contract or the closure of the account the information provided at the time of the subscription of a contract by the Customer or during the creation of an account, namely:
- At the time of creation of the account: the identification of this connection;
- Name and surname or company name;
- Associated postal addresses;
- The pseudonyms used;
- The associated e-mail or account addresses;
- Telephone numbers;
- The password as well as the data for verifying or modifying it, in their latest updated version.
Each computer connected to the Internet has an IP address. As soon as a Customer navigates the Site, the Company collects the Customer's IP address in order to analyze the traffic on the Site and to control the Customer's activity on the Site in order to ensure that the Customer does not undertake any acts likely to infringe the GTCS appearing on the Site.
Finally, in accordance with the French Data Protection Act of 6 January 1978, Customers have a right of access, rectification, deletion and a right to object to the processing of their collected data on legitimate grounds processed by the Company, by contacting the Company directly at the following e-mail address: valentin (at) leonandharper.com
COOKIES AND STATISTICAL TOOLS
In connection with the use of the Site by the Customers, the Company may use cookies.
In accordance with the CNIL's decision no. 2013-378 of 5 December 2013, the Company also informs Customers that cookies record certain information that is stored in the memory of their hardware / computer equipment. This information is used to improve the use and operation of the Site and other services of the Company. A warning message asks each person visiting the Site, beforehand, if he wishes to accept the cookies. These cookies do not contain confidential customer information.
The Customer going to the home page of the Site will be informed:
- of the precise purposes of the cookies used;
- of the possibility to oppose these cookies and to change the parameters by clicking on a link present in the banner;
- of the fact that the continuation of its navigation is equivalent to the deposit of cookies on its terminal.
To guarantee the free, informed and unequivocal consent of the Customer, the banner will not disappear until it has continued its navigation.
Unless prior consent of the Customer, the deposit and the reading of cookies will not be carried out:
- if the Customer visits the Site (home page or directly on another page of the Site) and does not continue its navigation: a simple absence of action cannot in fact be assimilated to a manifestation of will;
- or if it clicks on the link present in the banner allowing it to set the cookies and, if necessary, refuses the deposit of cookies.
The Customer undertakes not to interfere with the security of the Site. To this end, it undertakes not to make any access and / or fraudulent maintenance in the Company's information system. Nor can the Customer interfere with or hinder the Company's information system. Failing this, the Company may take any measure against it and in particular incur criminal responsibility under Articles 323-1 and following of the French Criminal Code.
All elements of this Site and the Site itself are protected by copyright, trademarks, designs and / or other intellectual property rights. These elements are the exclusive property of the Company. All rights are reserved for the whole world.
No title or right whatsoever to any element or software will be obtained by downloading or copying elements of this Site. It is strictly forbidden for the Customer to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, display, remove, delete, add to this Site and the elements and software contained therein, modify or perform any work by taking them as a basis, selling or participating in any sale in connection with this Site, the elements of this Site or any software relating thereto.
The Company grants Customer a non-exclusive license to use the Site. This license is strictly personal and can under no circumstances be transferred or transferred to any third party. The license is granted for the duration of use of the Site.
Any use by the Client of the company names, marks and distinct signs belonging to the Company is strictly prohibited except in the case of prior express agreement of the Company.
By transmitting data during the purchase process, the Company may send to the User at a frequency and in a form determined by the Customer electronic messages by email or sms/RCS.
For each of the mailings, the Company will offer in the text body of the message the option to unsubscribe from the mailing list.
These GTCS are governed and interpreted in accordance with French law, without taking into account the principles of conflict of laws.
In the event of a dispute arising in connection with the interpretation and / or execution of the present or in connection with these GTCS, the Customer may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative means of dispute resolution. The Customer may in particular contact the Center for Mediation and Arbitration of Paris, 39 avenue Franklin Roosevelt, 75008 Paris, 01 44 95 11 40, email: cmap@cmap.fr. In the event of a continuing dispute, the Parties undertake to bring their dispute before the competent Courts under the jurisdiction of the Paris Court of Appeal.
More than 400 stores worldwide
© 2022 Leon & Harper - All rights reserved