TERMS OF SALES
These Terms and Conditions of Sale (hereinafter the "T & Cs") are offered by Lombardo Micro Auto Entrepreneur, whose head office is located at 4 rue du poilu, 06230 Villefranche sur mer (hereinafter "Lombardo").
We will designate thereafter:
• "Site": the dementia.com website and all of its pages.
• "Products" or "Services": all the products (materials) and services (services) that can be purchased or to which you can subscribe on the Site.
• "Seller": Lombardo, legal or natural person, offering its Products or Services on the Site.
• "Customer": the user, individual or professional, making a purchase of Product (s) or Service (s) on the Site.
• "Consumer", in accordance with the definition of the preliminary article of the Consumer Code: "any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, artisanal or liberal activity".
The user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these Terms and Conditions, print them and / or save them on a durable medium, before placing an order on the Site.
The Customer acknowledges having read the Terms and Conditions
And accepts them in full and without reservation.
Article 1 - Application of the GTCS and purpose of the Site
The Seller reserves the right to modify at any time the GTC by publishing a new version of the latter on the Site. The Terms and Conditions applicable to the Customer are those in force on the day of his order on the Site.
The legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notice and the data charter of this website. Site.
This Website offers the online sale of Perfume ready to wear jewelry.
The Website is free and open to any Customer. The acquisition of a Product or a Service supposes the acceptance, by the Customer, of the entirety of the present GSC, which recognizes the same fact to have taken full knowledge of it. This acceptance may consist, for example, for the Customer, to check the box corresponding to the acceptance sentence of these Terms, having for example the words "I acknowledge having read and accepted all the terms and conditions of the Site". Checking this box will be deemed to have the same value as a handwritten signature on the part of the Customer.
Acceptance of these Terms and Conditions assumes that Clients have the necessary legal capacity for this. If the Client is a minor or does not have this legal capacity, he declares to have the authorization of a guardian, a curator or his legal representative.
The Customer acknowledges the evidential value of the Vendor's automatic registration systems and, except for him to provide evidence to the contrary, waives any challenge in the event of a dispute.
Article 2 - Creation of a customer account
the creation of a "customer account" is a prerequisite for any order from the Customer on this Site. For this purpose, the Customer will be invited to provide a certain number of personal information such as his name and surname, his email address, his postal address and his telephone number, this list is not exhaustive. As such, the Customer undertakes to provide accurate information. The Customer is responsible for updating his data. He must therefore notify the Seller without delay in the event of a change. The Customer is solely responsible for the veracity, accuracy and relevance of the data provided. The Customer registered on the Site has the opportunity to access it by logging in with his login information (email address defined during his registration and password) or possibly using systems such as third-party social network login buttons. . The Customer is fully responsible for protecting the password he has chosen. He is encouraged to use complex passwords. In case of forgotten password, the Customer has the possibility to generate a new one. This password constitutes the guarantee of the confidentiality of the information contained in the "my account" section and the Customer is therefore forbidden to transmit it or to communicate it to a third party. Otherwise, the Seller cannot be held responsible for unauthorized access to a Customer's account.
The customer account allows the Customer to view all orders placed on the Site. If the data contained in the customer account section were to disappear as a result of a technical breakdown or a case of force majeure, the Seller's liability could not be engaged, this information having no probative value but only a character informative. The pages relating to the customer account are freely printable by the Customer account holder in question but do not constitute any proof, they are only informative to ensure efficient management of orders or contributions by the Customer.
Each Customer is free to close his account on the Site. For this, he must send an e-mail to the Seller stating that he wishes to delete his account. No recovery of his data will then be possible.
The Seller reserves the exclusive right to delete the account of any Customer who has contravened these Terms and Conditions (in particular and without this example being of any exhaustive nature, when the Customer has knowingly provided incorrect information, when registering and the constitution of his personal space) or any inactive account for at least a year. Such cancellation will not be likely to constitute a damage for the Customer who cannot claim any compensation for this fact. This exclusion is not exclusive of the possibility for the Seller to take legal action against the Customer, when the facts have justified.
Article 3 - Purchase order procedure and description of the purchase process
The Products and Services offered are those listed in the catalog published on the Site. These Products and Services are offered within the limits of available stocks. Each Product is accompanied by a description drawn up by the Seller according to the descriptions provided by the supplier.
The photographs of the Catalog Products reflect a faithful image of the Products and Services offered but do not constitute a contractual commitment to the extent that they cannot ensure a perfect similarity with the Physical Products.
We will define below as "Basket" the immaterial object grouping all the Products or Services selected by the Customer of the Site for a purchase by having clicked on these elements. In order to proceed with his order, the Customer chooses the Product (s) he wishes to order by adding them to his "Basket" whose content may be modified at any time.
As soon as the Customer considers that he has selected and added to his basket all the Products he wishes to buy, he will have the opportunity, to validate his order, to access his basket by clicking on the button provided for this purpose. It will then be redirected to a summary page on which it will be communicated the number and characteristics of the Products ordered, as well as their unit price.
If he wishes to validate his order, the Customer must check the box relating to the ratification of these Terms and click on the validation button. The Customer will then be redirected to a page where he will fill in the order form fields. In the latter case, he will have to fill in a certain amount of personal data concerning him, which is necessary for the smooth running of the order.
All orders placed on the Site must be duly completed and must specify this necessary information. The Customer may make changes, corrections, additions, or cancel the order, until the validation of it.
Once the Client has completed the form, he will then be asked to make his payment using the means of payment listed in the section of these GTC relating to payments. After a few moments the Customer will be sent an email confirmation of the order, reminding him of the content of the order and the price there of.
The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.
Article 4 - Prices and methods of payment
Unless otherwise stated, the prices listed in the catalog are prices in Euros inclusive of all taxes (including VAT), taking into account the VAT applicable on the day of the order and excluding any participation in the processing and shipping costs.
Lombardo reserves the right at any time to modify its prices and to pass, if applicable, any change in the VAT rate in effect on the price of the Products or Services offered on the Site. However, the price listed in the catalog on the day of the order will be the only applicable to the Customer.
The Customer may place an order on this Site and may pay by credit card. Payments by credit card are made through secure transactions provided by an online payment platform provider.
This Site does not have access to any data relating to the Customer's means of payment. The payment is made directly in the hands of the bank or payment provider receiving payment from the Customer. In case of payment by check or bank transfer, the delivery times defined in the article "Deliveries" of these Terms and Conditions begin to run only from the date of actual receipt of payment by the Seller, the latter may bring proof by all means. The availability of the Products is indicated on the Site, in the description of each Product.
Lombardo will archive purchase orders and invoices on a reliable and durable support constituting a faithful copy. The records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 5 - Deliveries The delivery costs will be indicated to the Customer before any payment. The Site has no geographical limitation of delivery, orders can be shipped anywhere in the world. In the event of delivery of a Product outside the territory of the European Union and in the Dom-Tom, the Customer declares himself the importer of the Product and agrees that in such case the Seller may be physically unable to provide him with accurate information on the total amount of customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested. 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 with a Customer Consumer. The Customer may refuse a package at the time of delivery if it finds an anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products ...); Any anomaly must then be indicated by the Customer on the delivery note, in the form of handwritten reserves, accompanied by the signature of the Customer. In order to exercise his right of refusal, the Customer must open the damaged or defective parcel (s) in the presence of the carrier and return the damaged goods to him. Failure to comply with these requirements, the Customer cannot exercise his right of refusal, and the Seller will not be required to access the request for exercise of the right of refusal of the Customer.
If the Customer's parcel is returned to the Seller by the Post Office or other postal service providers, the Seller will contact the Customer upon receipt of the parcel in return to ask him to follow up on his order. If the Customer has wrongly refused the parcel he may ask for the return by paying in advance the payment of postal charges for the new shipment. Postal fees must be paid even for orders whose shipping costs were offered when ordering. In case of error of delivery or exchange (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract to acquire the Product or Service allows retraction, according to the article L.221-18 et seq. Of the Consumer Code), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or mishandling of the Customer cannot be attributed to the Seller. Any delivery delay in relation to the date or time indicated to the Consumer Client when ordering or, in the absence of indication of date or deadline when ordering, more than thirty (30) days from the date of delivery. Conclusion of the contract may result in the resolution of the sale on the initiative of the Consumer Client, upon written request from him by registered letter with acknowledgment of receipt, if after enjoining the Seller to make the delivery he has not executed. The Consumer Client will then be refunded, at the latest within fourteen (14) days following 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.
Article 6 - Right of withdrawal and withdrawal form In accordance with Article L.221-18 of the Consumer Code, and if the right of withdrawal is applicable, the Consumer Client has a period of fourteen (14) working days from the date of receipt of the Product of his order or the conclusion of the contract for the provision of services, to retract. He will be required to return any Product that does not suit him and request the exchange or refund without penalty, with the exception of the return costs, within fourteen days from the receipt by Lombardo of the refund request. The Product must be returned in perfect condition. If necessary, it must be accompanied by all its accessories. The Consumer Client can find below a standard withdrawal form for an order placed on the Site, to Lombardo. It is understood that the Customer will bear the costs of return of the Product in case of withdrawal, as well as the cost of returning the Product if it, because of its nature, cannot normally be returned by post. If the previous obligations are not carried out, the Customer will lose his right of withdrawal and the Product will be returned to him at his expense. It is recommended to the Customer to return with a solution to track the package. Otherwise, if the returned package does not reach the Seller, it will not be possible to initiate a survey of postal services to ask them to locate the latter. The refund will be made using the same means of payment as chosen by the Customer for the initial transaction, except with the express agreement of the Customer for the Seller to use another method of payment, and to the extent that the reimbursement does not result in fees for the Customer. The Seller also reserves the right to postpone the refund until receipt of the Product or as long as the Customer has not demonstrated that he has shipped the Product, if such a demonstration has not taken place previously. In the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of the Product (s), the responsibility of the Customer may be engaged.
In accordance with Article L221-5 of the Consumer Code, ("Hamon law") of June 2014, the Consumer Client can find below a standard withdrawal form for an order placed on the site: Cancellation form
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of Lombardo Micro entrepreneur, 4 rue du poilu, 06230, Villefranche sur mer
I / we (*) hereby notify you (*) of my / our (*) cancellation of the contract for the sale of the goods (*) / for the provision of services (*) below:
Ordered on (*) / received on (*):
Name of Client (s)…
Address of the Client (s)…
Signature of the Client (s) (only in case of notification of this form on paper)…
(*) Delete the mention useless.
Article 7 - Product Warranty
Legal provisions to be reproduced When acting as a legal guarantee of conformity, the consumer has a period of two years from delivery of the goods to act; he may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L.217-9 of the 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 six months following the delivery of the good, delay increased to 24 months as of March 18, 2016. The legal guarantee of conformity applies regardless of the commercial guarantee that may be granted. The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code, unless the seller has stipulated that he will not be obliged to any guarantee; in the event of an implementation of this guarantee, the buyer has the choice between the resolution of the sale or a reduction of the selling price in accordance with article 1644 of the Civil Code. It has a period of two years from the discovery of the vice. The postponement, suspension or interruption of the prescription cannot have the effect of bringing the extinctive limitation period beyond twenty years from the date of birth of the right in accordance with Article 2232 of the Civil Code. All the articles acquired on this site benefit from the following legal guarantees, provided for by the Civil Code;
All the articles acquired on this site benefit from the following legal guarantees, provided for by the Civil Code;
Legal guarantee of conformity
According to articles L.217-4 et seq. Of the Consumer Code, the Seller is obliged to deliver goods in conformity with the contract concluded with the Consumer Client and to answer for any lack of conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect were to exist on the day of taking possession of the Product. However, when the defect has occurred within 24 months after this date (or within 6 months if the order occurred before March 18, 2016 or the Product is sold second-hand), it is presumed to meet this condition. But, in accordance with Article L.217-7 of the French Consumer Code, "the Seller may contest this presumption if it is not compatible with the nature of the [Product] or the alleged lack of conformity".
However, after this period of 24 months (or 6 months if the order was placed before March 18, 2016 or the product is sold second-hand), it will be up to the Customer to prove that the defect existed at the time of taking possession of the Product.
In accordance with Article L.217-9 of the Consumer Code: "In case of lack of conformity the buyer chooses between repair and replacement of the property. However, the seller may not proceed according to the choice of the buyer if this choice entails a cost obviously disproportionate with respect to the other modality, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless impossible, according to the method not chosen by the buyer ".
Legal warranty against hidden defects
According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the guarantee of hidden defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore not to result from the normal wear of the Product for example), and are sufficiently serious (the defect must either make the Product unfit for the use for which it is intended, or reduce this use to an extent that the buyer would not have purchased the Product or would not have bought at such a price if he had known the default).
Claims, requests for exchange or refund for a non-conforming Product must be made by post or email to the addresses indicated in the legal notice of the site.
In the event of non-conformity of a Delivered Product, it may be returned to the Seller who will proceed to its exchange. In case of impossibility of exchange of the Product (obsolete product, out of stock, etc.) the Customer will be reimbursed by check or transfer of the amount of his order. The costs of the exchange or refund procedure (including the return postage costs of the Product) are then the responsibility of the Seller.
Article 8 - Customer Service The customer service of this Site is accessible by email at the following address: email@example.com or by post to the address indicated in the legal notice. Lombardo also offers its customers a hotline, or hotline, to answer their questions. The hotline can be contacted by phone at 0493552458 (toll-free number). Article 9 - Liability The Seller Lombardo cannot be held responsible for the non-performance of the contract concluded due to the occurrence of a force majeure event. Regarding the Products purchased, the Seller shall not be liable for any indirect damages as a result of the present, operating loss, loss of profit, damages or costs, which may occur. The choice and the purchase of a Product or a Service are placed under the sole responsibility of the Customer. The total or partial impossibility of using the Products notably because of the incompatibility of the material cannot give rise to any compensation, reimbursement or questioning of the responsibility of the Seller, except in the case of a hidden defect proven, of non-compliance, defect or exercise of the right of withdrawal if applicable, ie if the Customer is not a Consumer Client and the contract awarded to acquire the Product or Service allows the withdrawal, according to the Article L 221-18 and following of the Consumer Code.
The Customer expressly agrees to use the Site at his own risk and under his sole responsibility. The Site provides the Customer with information for information only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, Lombardo will in no way be held responsible: • any direct or indirect damage, in particular with respect to loss of profits, loss of profits, loss of customers, data that may arise from the use of the Site, or the impossibility of its use ; • a malfunction, unavailability of access, misuse, misconfiguration of the Client's computer, or the use of a browser not used by the Customer; • the content of advertisements and other links or external sources accessible by Customers from the Site. The photographs and visuals of the Products presented on the Site have no contractual nature, the responsibility of the Seller cannot be engaged if the characteristics of the Products differ from the visuals present on the Site or if these are erroneous or incomplete. Article 10 - Intellectual property rights all elements of this Site belong to the Seller or a third party agent, or are used by the Seller with the permission of their owners. Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this enumeration being exhaustive, is strictly prohibited and is similar to counterfeiting. Any Customer who is guilty of infringement would be liable to have his account deleted without notice or compensation and without this deletion being able to constitute damage to him, without any reserve of possible subsequent legal proceedings against him, on the initiative. Seller or his agent. The brands and logos contained in the Site may be deposited by Lombardo, or possibly by one of its partners. Any person proceeding to their representations, reproductions, nestings, diffusions and reruns incurs the sanctions envisaged with the articles L.713-2 and following of the Code of the intellectual property
Article 11 - Independence of clauses If a provision of the GTC is found to be unlawful, void or for any other reason not applicable, then this provision will be deemed severable from the GTC and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions supersede all prior or contemporaneous written or oral agreements. The GSC are not transferable, transferable or sublicable by the Customer himself. A printed version of the GTCS and all notices given in electronic form may be requested in judicial or administrative proceedings in relation to the GSC. The parties agree that all correspondence relating to these Terms must be written in the French language.
Article 12 - Applicable law and mediation These Terms are governed by and subject to French law. Except for provisions of public order, any disputes that may arise in the context of the execution of these Terms and Conditions may before any legal action be submitted to the Site Publisher for an amicable settlement. It is expressly reminded that amicable settlement requests do not suspend the time limits for taking legal action. Unless otherwise provided by public order, any legal action relating to the execution of these GSCs shall be subject to the jurisdiction of the courts in the jurisdiction of the defendant's place of residence.
Mediation of consumption
According to Article L.612-1 of the Consumer Code, it is recalled that "every consumer has the right to make free use of a consumer mediator for the amicable resolution of the dispute with a professional. For this purpose, the professional guarantees to the consumer the effective use of a consumer mediation system ". As such, Lombardo offers to its Consumers Customers, in the context of disputes that would not have found an amicable resolution, the mediation of a consumer mediator, whose contact details are as follows: Mediator of Medicys Mediation Center • firstname.lastname@example.org • http://www.medicys.fr/index.php/consommateurs/ It is reminded that mediation is not mandatory but only proposed in order to resolve disputes by avoiding recourse to justice.