Terms and Conditions of Use and Sale
Updated on 03/02/2022
Terms and Conditions of Use and Sale
The Seller offers, through its website www.lerigisa.com (hereafter the "Site"), clothing (hereafter the "Products").
Each customer agrees to having knowledge, in a readable and understandable manner, these GTUSs and all the information necessary for the execution of these, in accordance with articles L.111-1 to L.111-8 of the French Consumer Code, prior to the placing of its order and before any conclusion of its contract with the Dirctor of Ler Ligisa, company registered at the Registre des Métiers et de l’Artisanat in Versailles under the number 83360753400017.
1. Application and enforceability of the GTUS
These GTUSs apply to any use of the Site as well as to any product order by any customer, individual, acting for purposes that do not fall within the scope of his professional activity or any client, individual or legal person, acting in the context of his commercial, industrial, artisanal or liberal activity (hereafter the "Customer") carried out on the site, as of 04/04/2021.
The purpose of these GTUSs is to define the terms of the product order, and to determine the respective rights and obligations of each of the parties in the supply of the Products.
Unless the parties agree otherwise, these GTUSs take precedence over any contrary clauses arising from previously drafted terms and conditions, and thus apply to the exclusion of any other agreement.
These GTUSs must be considered an integral and essential part of the contract between the Seller and each of its clients.
These GTUSs are systematically notified to the Customer when he is making an order on the site. Each Customer must read and accept them in order to validate their order on the Site. This acceptance consists of ticking the box corresponding to the acceptance sentence of these GTUSs, such as, for example, "I acknowledge that I have read and accepted all the terms and conditions of use and sale published on the Site." Check this box will be deemed to have the same value as a handwritten signature from the Customer.
In the event of a change and/or adaptation of these GTUSs by the Seller, only the version in force on the day of the Customer's order on the Site will be validly applicable. The Customer will be informed of any changes made to these, when he later logs on to the site, by a notification published on the Site.
The fact that the Seller does not avail itself, at any time, of any of the provisions of these GTUSs cannot be construed as a waiver to avail itself of it at a later date.
The Seller invites each Customer to carefully read these GTUSs, print them out and/or save them on any durable medium, before ordering any product on their website.
These General Conditions of Sale determine the rights and obligations of the parties within the framework of the online sale of Products offered by the Seller.
2. Access and availability on the site
The Seller offers free access to its Site, the Customer remains in all cases responsible for its computer equipment and its Internet connection, the costs of which are his.
Access to the Site can be achieved:
From a computer or terminal with access to one or more telecommunications networks that allow access to the Internet and Internet navigation software (such as Internet Explorer, Mozilla Firefox, etc.);
A telephone terminal with access to a telecommunications network that allows access to the Internet network (3G connection, 4G, Edge, wifi, etc.).
The Seller makes its best efforts to make the site permanently accessible, subject to the maintenance operations necessary for the proper functioning of the Site or the servers on which it is hosted. In the event of a maintenance interruption, The Seller cannot be held responsible for the possible impact of this unavailability on the Customer's activities.
The Customer is alerted to the technical vagaries inherent in the internet and the possible interruptions of access. As a result, the Seller cannot be held responsible for any downtime or slowdowns of the site.
The Customer is informed that the Server of the Seller are hosted by Squarespace headquarted in New York, United States.
Any breach of the Client's obligations under these GTSs will likely result in the suspension or prohibition of the Customer's access to the Site.
3. Modalities of contract conclusion
Product orders are made through the Site.
Customers choose directly from the site the product they want to order. The Seller strives to provide visuals and descriptions that are as accurate as possible of the Products. However, as these visuals and illustration texts are not contractual, the Client cannot incur the responsibility of the Seller in this capacity.
The Customer is required to provide a certain amount of information about him in order to validate his order. All orders must be properly filled and must contain this information strictly necessary for ordering. The Customer is responsible for the veracity, accuracy and relevance of the data provided.
Customers will be able to make changes, corrections, additions or even cancel their order until it is validated on the order summary page before payment.
4. Prices and payment methods
Access to the Site and the Product Presentation is free for the Customer. Only the order for one or more products will be regulated by the latter.
Product prices are mentioned on the Site in Euros without taxes. The applicable prices are those valid on the day of the customer's order on the Site.
Product prices an any additional costs associated with the order are clearly and understandably shown on the order summary. Before ordering, the Customer is required to confirm this summary.
4.2. Payment terms
Prices will be charged on the basis of the rates in effect at the time of the order. An invoice summarizing all the products ordered by the Customer and their respective costs will be systematically addressed to the customer.
The Customer will pay the price, directly on the Site, and absolutely before any realization by the Seller in accordance with the process provided for this purpose.
The Sale uses a secure third-party payment system Stripe as well as Paypal.
The payment by the Customer is a necessary prerequisite for the validation of his order.
Failure to pay at maturity will automatically result in the suspension or invalidation of the Customer's order without prejudice to any other course of action.
The delivery costs associated with his order are indicated to the Customer before any payment of his order.
Unless otherwise stated on the Site during the ordering process or in the description of the products ordered, the Seller undertakes in all cases to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract.
Customers can refuse a package at the time of delivery if they notice an anomaly regarding delivery (damage, product missing from the delivery order, damaged parcels, damaged products, etc.).
If the Customer's parcel is returned by the Post Office or by other postal providers, the Seller will contact the Customer upon receipt of the parcel in return to ask him what to do with his order. If the Customer has mistakenly refused the parcel, he will be able to request its return by paying the postal fee for the new shipment. Postal costs will have to be paid even for orders whose shipping costs were offered at the time of the order.
Any delay in delivery in relation to the date or time indicated to the Customer at the time of order or, in the absence of an indication of a date or delay at the time of the order, more than thirty (30) days from the conclusion of the contract may result in the resolution of the sale at the customer's initiative, upon written request from him by a recommended letter with acknowledgement of receipt, if after asking the Seller to make the delivery and it didn’t work. The Customer will then be reimbursed, not later than 14 days after the date on which the contract was denounced, of all the sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.
6. Right of Retraction
The Consumer Customer has a period of fourteen (14) free days from the delivery of the Products to exercise his right of withdrawal under the terms of the French Consumer Code, without having to justify any reason or pay penalties.
If he intends to exercise his right of withdrawal, the Consumer Customer must inform the Seller of his decision to withdraw from the contract:
Through a recommanded letter sent by mail at Eva Rogo-Levenez, Ler Ligisa, 3, allée de la Forêt, 78610 Auffargis, France.
By submitting any other explicit and unequivocal statement to this effect (for example, a letter sent by registered mail with acknowledgement).
In any event, the Client must indicate a willingness to retract without ambiguity and unequivocal.
In the event of a retraction made on the Site by the online transmission of the retraction form, the Seller will send the Customer, without delay, an acknowledgement on a lasting medium, at the email address provided when he orders.
The Customer bears the direct costs of returning the Products, unless the customer's retraction is the result of an error in the Product sent in which case the Seller bears the costs of referral. The Customer is expressly informed that the product concerned must be returned to Seller in its original packaging, including the notices transmitted and/or any accessories.
In the event of the Exercise of the Right of Withdrawal by the Customer, all the sums paid by the Customer will be reimbursed by the Seller within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw. This refund may be deferred until the date of the products' recovery or until the consumer has provided proof of the shipment of these products. The refund will be made to the Customer's bank account directly through the Site by bank transfer or any other means agreed between the parties.
7. Product guarantee
When acting as a legal guarantee of conformity, the consumer has a period of two years from the delivery of the goods to act; he can choose between repairing or replacing the item, subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code; except for second-hand goods, it is not necessary to prove the existence of the lack of conformity of the good during the 24 months following the delivery of the good.
The legal guarantee of conformity applies regardless of any commercial guarantee granted.
The consumer may decide to implement the warranty against hidden defects in the item sold within the meaning of Article 1641 of the French Civil Code, unless the seller has stipulated that he will not be bound by any warranty. In the event that this warranty is implemented, the buyer has the choice between rescinding the sale or reducing the sale price in accordance with Article 1644 of the French Civil Code. He has two years from the discovery of the defect.
The postponement, suspension or interruption of the limitation period cannot have the effect of extending the extinctive limitation period beyond twenty years from the date of the birth of the right in accordance with Article 2232 of the French Civil Code. All Products purchased on the Site benefit from the following legal guarantees, provided for by the French Civil Code and the French Consumer Code.
7.1 Legal guarantee of conformity
According to articles L.217-4 of the French Consumer Code, the seller is required to deliver the products in accordance with the contract concluded with the Customer and to respond to any lack of conformity existing during the delivery of the Product. The guarantee of conformity may be implemented if a defect exists on the day of taking possession of the Product.
However, when the defect appears within 24 months following this date, it is presumed to fulfill this condition. But, in accordance with article L.217-7 of the French Consumer Code, the Seller can challenge this presumption if it is not compatible with the nature of the Product or the lack of conformity invoked". In this regard, The Director may analyze the disputed Product in order to determine whether or not the identified defect existed on the day of delivery of the Product to the Customer. On the other hand, after this 24-month period, it will be up to the Customer to prove that the defect actually existed at the time of taking possession of the Product.
According to article L.217-9 of the French Consumer Code: “in the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer ”.
7.2 Legal warranty against hidden defects
According to articles 1641 to 1649 of the French Civil Code, the Customer may request the exercise of the warranty against hidden defects if the defects presented did not appear during the purchase, were prior to the purchase (and therefore do not result from normal wear and tear of the Product for example), and are sufficiently serious (the defect must either render the Product unfit for the use for which it is intended, or reduce this use to an extent such that the buyer would not have purchased the Product or would not have bought it at such a price if he had known the defect).
Complaints, requests for reimbursement for a non-conforming Product must be made by post or email to the addresses indicated in in this Site. The Customer will be reimbursed by bank transfer for the amount of his order. The costs of the refund procedure (in particular the return shipping costs of the Product) will remain the responsibility of the Seller.
Each party assumes responsibility for the consequences resulting from its faults, errors or omissions and causing direct damage to the other party.
8.1. Responsability of the Client
The Customer is solely responsible for the quality, precision, relevance and accuracy of the information he provides on the Site for the purposes of his order.
The responsibility of the Seller cannot be engaged in this respect. The Customer is thus solely responsible towards the Seller and, where applicable, third parties, for any damage, direct or indirect, of any nature whatsoever, caused by information or any other publication communicated, transmitted or disseminated to the occasion hereof, as well as any breach on its part of these contractual provisions.
The Customer is, moreover, solely responsible for the choice of the Products he has ordered through the Site.
Any Customer agrees not to use the Site in contravention of all applicable laws, rules and regulations.
8.2 Responsibility of the Seller
The Seller implements all measures to ensure the Customer the supply, under optimal conditions, of quality Products. It assumes full responsibility for the Products it offers and sells to Customers through the Site and will deal solely with potential complaints relating to said Products.
The Seller cannot however be held responsible for any damage, which would be attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party foreign to the contract, or to a case of force majeure.
The Seller ensures the proper functioning of the Site but can in no way guarantee that it is free from anomalies or errors and that it operates without interruption.
The Seller cannot be held responsible for the non-functioning, inability to access or malfunction of the services of the Customer's access provider, to those of the Internet network.
9. Force majeure
"Force majeure" is defined as any event beyond the control of one of the parties and which cannot be reasonably foreseen at the time of the conclusion of these T & Cs. Such an event will be characterized when the party, victim of such an event, would be prevented from properly performing its contractual obligations, despite the implementation of adequate and appropriate measures intended to limit its effects.
Neither party will be held responsible vis-à-vis the other for the non-performance or delays in the performance of an obligation arising from these T & Cs that are due to the other party as a result of the occurrence of a case of force majeure, as recognized and defined by French case law.
The case of force majeure suspends the obligations arising from these T & Cs for the duration of its existence, and neither party may, during this period, validly rely on the existence of such a case of force majeure within the meaning of article 1218 of the French Civil Code in order to justify the end of its contractual relationship with the other party. However, if the case of force majeure had a duration of existence greater than thirty (30) consecutive days, it would give rise to the right to the automatic termination of these T & Cs by one or the other of the parties, eight (8) days after sending a letter with acknowledgment of receipt notifying this decision.
10. Intellectual property
The Site, as well as the databases, texts, documents, information, images, photographs, graphics, logos, or any other data remain the exclusive property of the Seller or, where applicable, of their respective owners from who the Seller has obtained the operating permits.
The Seller remains the owner of all intellectual property rights relating to its registered trademark, as well as all intellectual property rights and copyright relating to any other distinctive sign belonging to it.
Any reproduction and / or representation, downloading, translation, adaptation, exploitation, distribution, dissemination and / or communication, in any form whatsoever, whether commercial or not, of all or part of the mark and / or of a work of the original spirit or data contained on the Site is strictly prohibited. The Customer also refrains from any action or any act likely to directly or indirectly infringe the intellectual property rights of the Seller.
11. Protection of personal data
The Customer is informed that by ordering Products on the Site gives rise to the collection and automated processing of personal data concerning him by the Seller, the use of which is subject to the provisions. of Law n ° 78-17 of January 6, 1978 relating to Computing, Files and Freedoms, as amended by Law n ° 2016-1321 of October 7, 2016 and European Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter the “GDPR”).
The Seller makes available to the Customer, on his Site, a confidentiality charter specifying all the information relating to the use of the Customer's personal data collected by the Seller and the rights which the Customer has vis-à-vis with regard to this personal data.
The Seller uses "cookies" to obtain statistical processing and improve the Customer's browsing experience.
The Seller places a "cookie" in the Customer's computer with his prior consent. The Customer has the option of refusing cookies when he visits the Site. The retention period of this information on the Customer's computer is 13 months.
The Seller undertakes never to communicate the content of these "cookies" to third parties, except in the event of legal requisition.
The Customer may also oppose the registration of "cookies" by configuring their browser software.
13. Hypertext links
The Site may include hypertext links to other sites.
The Seller cannot, under any circumstances, be held responsible for the technical availability of websites or mobile applications operated by third parties to which the Customer would access through the Site. In addition, the Seller cannot therefore bear any responsibility for the content, advertising, products and services available on or from these sites, mobile applications or external sources.
If, despite the Seller's efforts, one of the hypertext links on the Site points to a site or an internet source whose content was or appeared to a Customer not in accordance with the requirements of French law, the Customer undertakes to immediately contact the Site's publication director, whose contact details are firstname.lastname@example.org, in order to provide him with the address of the pages of the third-party site in question. The Seller will then do what is necessary to remove the hypertext link concerned.
14. Applicable law and competent jurisdiction
These T & Cs are governed by French law.
In the event of a dispute to which these T & Cs (or one of their clauses) and / or the relations between the parties could give rise, the Client can choose, in addition to one of the jurisdictions having territorial jurisdiction under the Code of civil procedure, the jurisdiction of the place where he resided at the time of the conclusion of the contract or of the occurrence of the harmful event. The Client must apply to the Court in whose jurisdiction the Seller has its registered office.
According to article L.612-1 of the French Consumer Code, it is recalled that "any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system ”.
In accordance with ordinance no. 2015-1033 of August 20, 2015 and application decree no.2015-1382 of October 30, 2015, any so-called consumer dispute or dispute, subject to article L.612-2 of the French Consumer Code, may be the subject of an amicable settlement by mediation with the following mediator: MEDIATEUR DE LA CONSOMMATION AGREE - DEVIGNY MEDIATION.
To submit their dispute to the mediator, the Client can:
(i) complete the form on the mediator's website: https://www.devignymediation.fr/constammers.php; or,
(ii) Send your request by simple or recommended mail to the AGREE Consumer Mediator - Devigny Mediation - 9, Avenue René Gasnier, D01 - 49100 Angers, or
(iii) send an email to email@example.com. It is recalled that mediation is not mandatory but only proposed to resolve conflicts while avoiding the use of justice.
15. Customer service
The Customer service for this Site is accessible by e-mail at the following address: firstname.lastname@example.org or by post at this address:
Director of Ler Ligisa
3, allée de la Forêt
Ler Ligisa’s Director also provides its Customers with a telephone assistance, to answer their questions. Telephone support can be reached by telephone at + 33 6 63 12 31 16.