General terms and conditions

WELCOME ON THE ONLINE SHOP OF PETIT LUCAS DU TERTRE!

These General Terms and Conditions of Sale (hereinafter the “General Terms and Conditions”) apply to any contract between the company LUCAS DU TERTRE (hereinafter “LDT”) and a consumer purchasing a product on the online shop Le Petit Lucas Du Tertre (hereinafter the “Client”) accessible at: www.lepetitlucasdutertre.com (hereinafter the “Website”).

Identification of the seller

LUCAS DU TERTRE A company organized under the laws of France, with a share capital of 7,900 euros, registered with the Commercial and Companies Register of Paris under No. 457 760 441.
Having its registered offices at 10 rue Saint-Marc – F-75002 Paris
Email address: contact@lepetitlucasdutertre.com
Phone number: +33 (0)1 42 36 42 07
Intra-Community TVA identification number: FR51451760441

Acceptance of the General Terms and Conditions

By confirming his/her order, the Client acknowledges having read the entirety of the General Terms and Conditions, and expressly declares that he/she unconditionally accepts them. These General Terms and Conditions shall prevail over any other conditions stipulated in any conflicting document. The act of purchase results in the acceptance of these General Terms and Conditions.

This confirmation, together with all emails and data that LDT shall record, shall constitute proof of the transactions between LDT and the Client. LDT shall retain all items relating to the orders for a period of ten years.

These General Terms and Conditions are subject to change at any time and without notice. In the event that these General Terms and Conditions are modified, the applicable General Terms and Conditions are those in force at the date of the order.

Offer

All products sold on the Website are presented along with:

- A detailed technical description (denomination, size, color, and where relevant, maintenance and use advice);
- A fixed and final price, indicated in Euro, including all taxes (VAT), but excluding the participation in the costs of processing, preparing and shipping the order. LDT reserves the right to modify the price of the products at any time, the applicable price being the one in force at the date of the order;
- A photograph (only for illustrative purposes only, does not fall within the scope of the contract and not contractually binding. In no event shall LDT be held liable if errors are found in the photograph).

The products comply with the French laws and regulations relating to safety and health, faire trading and consumer protection that are in force at the time the products were placed on the market (article L. 411-1 of the French consumer code).

By placing an order, the Client accepts the prices and description of the products.

Supply

Offers are valid as long as the products are visible on the Website, within the limits of available stocks.

In the event of a product unavailability after an order is placed and paid, LDT shall notify the Client by email. The order shall be automatically cancelled and the Client shall be refunded by bank transfer.

Order Placement

Pursuant to Article 1369-5 of the French civil code, orders are placed through the following steps:
- Choice of the product(s) and addition to the shopping cart by the Client;
- Choice of the delivery mode by the Client;
- Validation of the shopping cart by the Client;
- Payment of the price by the Client;
- Email sent by LDT, confirming the order to the Client (the “Order Confirmation”).

The order can be modified at any time before its final confirmation by the Client, which amounts to the final acceptance by the Client of the offer and triggers the processing of the order.

LDT reserves the right to cancel any order of a Client with whom there is a dispute concerning the payment of a previous order, if said order does not comply with these General Terms and Conditions or for any other reason that LDT sees appropriate.

The information provided by the Customer, when placing an order, is binding only to him/her. In the event of an error in the Customer's contact information, LDT cannot be held responsible for the impossibility of delivering the product.

Payment of the products

Price of the products

The price charged to the Client is:
- The price of the product(s), as appearing on the Order Confirmation sent to the Client by LDT by email. It is indicated in Euro, including all taxes (VAT), but excluding delivery costs. It takes into account the VAT applicable on the day of the order. The price cannot be modified once the order is accepted by LDT;
- The delivery costs are added to the aforementioned price, depending on the delivery mode chosen by the Client.

Custom duties

If the order is sent to countries outside the European Union, the price shall be automatically calculated excluding taxes on the invoice. Orders placed on the Website and delivered outside metropolitan France may be subject to custom duties and other relevant taxes, imposed when the parcel reaches its destination, the Client being the importer of the product.

These custom duties and taxes in connection with the delivery of the product shall be paid by the Client and are its sole responsibility. LDT has no obligation to verify and inform the Client on the applicable custom duties and taxes. The Client is encouraged to inquire this point with the relevant authorities of his/her country.

Payment terms

Payment of the order is due immediately at the time of validation of the shopping cart by the Client.

Payment must be made in Euro and payable to LUCAS DU TERTRE, by Carte Bleue, Visa, Master Card or Paypal account. Payment is made by the Client in compliance with the banking security standards.

Payment confirmation – Payment incident

Upon receipt of payment, LDT confirms said payment by sending by email the Order Confirmation, to the email address provided by the Client.

Orders confirmed by the Client shall be considered as accepted by LDT only after all amounts due to LDT are actually received by LDT. In the event of a refusal by a bank, LDT reserves the right to cancel the Client’s ongoing order.

Shipping and Delivery

The products are delivered to the delivery address indicated by the Client during the ordering process.

The delivery of the products shall take place on the date or within the period specified by LDT, or no later than thirty (30) days after the date of the order, in compliance with the delivery mode chosen by the Client at the time of the order. Delays may however occur in the event of unforeseen events or for practical reasons related to the place of delivery.

LDT shall not be held liable for delayed delivery or impossibility to fulfill its contractual obligations because of an event of force majeure, as defined by French case-law. With the exception of deliveries in France, LDT shall not be held liable if the delivered product does not comply with the laws of the shipping country.

When the Client (or a third party of its choice) takes physical possession of the products, the risks of loss or damage to the products are transferred to the Client.

Retention of title

LDT retains the property of the products until full payment of their price by the Client. In the event of non-payment or partial payment by the Client, LDT may without prior notice reclaim the products that were delivered to the Client.

Withdrawal

Terms of withdrawal

Pursuant to Articles L. 221-18 and seq. of the French consumer code, the Client has the right, within a period of fourteen days starting on the day of reception of the order by the Client or a third party designated by the Client, to withdraw from the contract, without having to provide any reasons or incur penalties, with the exception however of the return costs.

In order to exercise this right, the Client shall notify its decision of withdrawal from the contract, in a declaration free of any ambiguities, for instance by email or postal mail. A withdrawal form that the Client may use if he/she so wishes is available in the appendix 1 to these General Terms and Conditions.

The Client is encouraged to keep a proof of such return.

The products must be returned in their original condition, in their original packaging, and whenever applicable, with all their accessories and instructions of use, undamaged and in perfect condition for resale, at the following address:

Lucas du Tertre
Service retours
10 rue Saint-Marc, 75002 Paris, France

Any product that has been damaged, or whose original packaging has been damaged, shall not be refunded or exchanged.

In the event of a withdrawal, LDT shall refund all payments received from the Client, including the delivery costs, with the exception however of the additional costs arising from the Client choosing a delivery mode other than the standard delivery mode proposed by LTD, without undue delay, and no later than fourteen days after the reception of the products by LDT.

Refunds shall be processed via the method of payment used by the Client, or if the Client choses otherwise, as a credit note.

Exception to the right of withdrawal

Pursuant to Article L. 221-28 of the French consumer code, the right of withdrawal cannot be exercised for:
- Goods that were manufactured according to the Client’ specifications or that are clearly personalized, or which cannot be returned, or are likely to deteriorate or expire rapidly;
- For reasons of hygiene, textile products delivered with hygienic seals when the latter seals are removed, clothes that were visibly worn and/or washed, jewels such as piercings and earrings.

Defective products – legal warranties

All products sold on the Website are subject to the legal warranty of conformity (Articles L. 217-4 and seq. of the French consumer code) and to the warranty against hidden defects (Articles 16471 and seq. of the French civil code), allowing the Client to return defective products (as framed in detail hereunder and in Appendix 2).

It is the Client’s responsibility to ensure that the delivered products correspond to his/her order as detailed in the Order Confirmation, and if not, to return the products (i) after having informed LDT by all means, and (ii) in their original packaging, or in a packaging offering equivalent protection, in perfect condition, non-used, with the accessories and accompanying documents (notice, warranty, authenticity certificate, etc.), as well as a copy of the invoice attached to the delivered products.

Return costs are directly paid by LDT, within the limit of one return shipping per order.

If the products cannot be exchanged and if the Client refuses to receive a credit note, the refund shall be carried out by credit on the bank account of the Client, no later than fourteen days after receipt by LDT of the returned products.

The buyer has a period of two years starting from the delivery of the good to take actions based on the legal warranty of conformity, which shall apply independently from commercial warranty, if any. In the event of a non-conformity of the good, he/she can choose between having it replaced or repaired, unless the cost of repair is clearly excessive. He/she is exempted from having to provide evidence of the existence of the non-conformity at the time of delivery for a period of twenty-four months following the delivery of the good. If the consumer enforces his/her warranty rights for hidden defects (Article 1641 of the French civil code), he/she can choose between the cancellation of the sale or the reduction of the selling price (Article 1644 of the French civil code).

Personal data

The data collected from the Client on the Website are intended for the exclusive use of LDT.

LDT collects nominative or personal data from Clients only where they are necessary in order to properly process orders. These data are essential for the processing and dispatch of the orders, as well as for the issuance of the invoices. Otherwise, the orders of the Clients could not be validated.

Cookies may be used for the operation and taking of orders on the Website.

The Client is informed that this automated processing of personal data was the subject of a declaration made with the French National Commission for Information Technology and Civil Liberties (CNIL), on 16 September 2012 under No 1615528.

In accordance with the Data Protection Act of 6 January 1978, the Client has at any time a right of access, modification, rectification and deletion of personal data collected on him/her.

To exercise this right of access, the Client shall send an email at the following address: contact@lucasdutertre.com.

Intellectual Property

The Website is the exclusive property of LDT (webpages, images, source scripts, etc.). LDT products, LDT trademarks, and more generally every brand, illustration, image, design, logos, reproduced on the Website and/or on the products sold by LDT are and shall remain the exclusive property of LDT.

The Client cannot disseminate or reproduce those elements, in totality or partially, in any form whatsoever, without LDT’s prior express and written consent.

Force majeure

The performance of all or parts of LDT’s obligations shall be suspended in the event of a force majeure event, as defined by French case-law, which would prevent or delay their performance. LDT shall inform the Client of the existence of such Act of God or act of force majeure, within seven days of its occurrence.

If said suspension of performance of LDT’s obligations were to continue beyond a period of fifteen days, the Client shall then be entitled to cancel the ongoing order and LDT shall refund the Client by crediting his/her bank account without delay.

Disclaimer of liability

LDT cannot be held liable for the non-performance or bad performance of the contract due to the Client’s action, omission or fault, the unpredictable and insurmountable act of a third party, or an event of force majeure.

Non-waiver

The failure by LDT to enforce at any time any of the provisions of these General Terms and Conditions shall not be deemed a waiver of the right of LDT to thereafter enforce any such provisions.

Validity of these General Terms and Conditions

If any of the provisions of these General Terms and Conditions is held to be invalid or unenforceable, in whole or in part, the other provisions and the other rights and obligations derived from these General Terms and Conditions shall remain unchanged and in force, unless said provision is a crucial term without which one of the Parties would not have entered into the contract.

Litigation – Applicable law

These General Terms and Conditions shall be governed by, construed and performed in accordance with the laws of France, unless there are mandatory legal provisions to the contrary. The language of these General Terms and Conditions is French.

In the event of a dispute arising out of or in connection with these General Terms and Conditions, the Client shall first contact LDT’s customer service.

Any complaint regarding an order shall be addressed to:
- Postal address:
Lucas du Tertre
Service Réclamation
10 rue Saint Marc,
75002 Paris
- Email address: contact@lepetitlucasdutertre.com

In case of failure of an amicable settlement, the Client can, before taking any legal action, seek an out of court settlement for all disputes arising out of or in connection with the contract by resorting to a consumer mediator, pursuant to the provisions of Title I of Book VI of the French consumer code.

French courts shall have exclusive jurisdiction.

Appendix 1

Please complete and send back this form, only if you wish to withdraw your order.
To: Lucas de Tertre
10, rue Saint Marc
75002 Paris
email: contact@lepetitlucasdutertre.com

I hereby notify that I withdraw my order for the following Lucas de Tertre’s products:
Ordered on(*)/Received on (*) ………………………………………………………………………………………………..
Name of the Client: ………………………………………………………………………………………………………………..
Address of the Client: ……………………………………………………………………………………………………………..
Signature of the Client (if notification by paper): …………………………………………………………………
Date: …………………………………………….
(*) Please delete as appropriate.

Appendix 2

Article L. 217-4 of the French consumer code: “The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.”

Article L. 217-5 of the French consumer code: “The product conforms to the contract:
1. If it is suitable for the purpose usually associated with such a product and, if applicable:
- if it corresponds to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- if it has the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2. Or if it has the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.”

Article L. 217-12 of the French consumer code: “Action resulting from lack of conformity lapses two years after delivery of the product.”

Article 1641 of the French civil code: “A seller is bound to a warranty on account of the hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.”

Article 1648, paragraph 1, of the French civil code: “An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice.”