ARTICLE 1 - PRELIMINARY PRESENTATION
LIM France
Simplified joint-stock company with capital of €515,665.78,
Head office located at NONTRON (24300), 164 rue Marie Louise Acebes,
Registered with the Périgueux Trade and Companies Registry 420 738 577,
Tel: +33 (0)5 53 60 72 70
Fax: +33 (0)5 53 60 72 79
Publishing director: Laurent Duray
Hereinafter referred to as the "Company".
These general terms and conditions of sale and use define the rights and obligations of the parties in connection with the sale of products to customers and the use of the website. The customer declares that he/she has read them and accepts the related rights and obligations. Items are offered for sale in mainland France (including Corsica).
Host : Online SAS - BP 438 75366 PARIS CEDEX 08 - RCS PARIS B 433 115 904
Article 2 - PURPOSE
These general terms and conditions of sale apply to all sales of articles bearing the Company's trademark concluded remotely via the Company's website identified by the domain name: "www.attractivesaddle.com" (hereinafter referred to as the "Site"):
- by orders placed by customers who are natural persons acting as consumers (within the meaning of article
preliminary du Code de la Consommation) and having their usual place of residence as defined in Article 10 of these General Terms and Conditions of Sale,
- for delivery to the same individual customers on their own behalf, or to any third party of their choice, who also have their usual place of residence in the same territories, and who are consumers (as defined in the preliminary article of the French Consumer Code).
ARTICLE 3 - PRODUCTS
Product features
The main characteristics of the Products offered for sale are presented on the Site. It is the Customer's responsibility to familiarize himself/herself with them before placing an order.
The photographs and graphics presented on the Site are not contractual and do not engage the responsibility of the Company. The Customer is required to refer to the description of each Product in order to know its properties and essential particularities.
Product offers, which cannot be combined, are valid as long as they are visible on the Site, subject to availability.
Further details may be requested in writing from the Company's customer service department.
Unavailability of products
The unavailability of a Product is normally indicated on the page of the Product concerned. The customer may also be informed when the Company has restocked a Product. In any event, when the Product ordered is not available after an order has been placed, the Company will inform the Customer by e-mail to the address indicated when the order was placed.
The Company may, at the Customer's request :
- or offer to ship all Products at the same time as soon as out-of-stock Products become available again;
- or proceed with a partial shipment of the available Products initially, then with the shipment of the remainder of the order when the other Products are available, subject to clear information concerning the additional transport costs that may be incurred;
- offer an alternative Product of equivalent quality and price, accepted by the Customer.
Article 4 - PRE-ORDER CONDITIONS
To place an order on the Site, the customer must be of legal age, have his/her usual place of residence as defined in Article 10 of these General Terms and Conditions of Sale, have legal capacity and be the holder of a bank card as defined in Article 9 below. Orders will be received in French. If the items ordered are no longer available, the Company will inform the customer by any means (telephone call or e-mail) as soon as possible and will refund the price invoiced by crediting the customer's bank account. The customer undertakes to ensure that all information communicated to the Company on the Site as part of the order complies with the present general conditions of sale, and is complete, accurate and up-to-date. Failing this, the Company reserves the right to cancel the order and payment. The Company shall have the right to refuse any order: (i) placed by a customer with whom there is a dispute concerning the payment of a previous order; or (ii) which does not comply with the present terms and conditions of sale. If the Company finds that the order does not comply with these general terms and conditions of sale (e.g. incorrect delivery address), it will inform the customer by telephone or e-mail within a maximum of six (6) days. Should the customer fail to contact the Company to correct any elements in the order which are erroneous or contrary to the present terms and conditions of sale, the Company reserves the right to cancel the order and the payment.
ARTICLE 5 - ORDER MODALITIES
Ordering on the Site is subject to strict compliance with the procedures described below, which are also embodied in a succession of different screens indicating the successive stages that the customer must follow to validate the order.
FIRST STEP: SELECTION OF ITEMS BY THE CUSTOMER
On the Site, the customer selects, enters and validates the identification and quantity of the items he/she wishes to order; these items are added to his/her "Shopping Cart".
SECOND STAGE: VERIFICATION OF SELECTED ITEMS
The customer may freely modify his or her "Shopping Cart" of selected items online, delete an item initially selected, modify the quantities ordered or add an item by clicking on the corresponding items in the "Shopping Cart". Within the "Shopping Cart", the price of the items, as defined in article 7 below, is automatically displayed.
STEP THREE: CONFIRM SELECTED ITEMS AND CONFIRM ORDER
Once the customer has completed his selection and wishes to validate the composition of his "Basket", he must then identify himself: if he has a customer account with the Company, by his e-mail address (login) and password; if he does not have a customer account with the Company, he must create one. The customer must also validate: the delivery address of the order, the amount of the shipping costs of the order being specified on this occasion - and finally the chosen method of payment. Once all this information has been duly entered and validated, the price of the items, as defined in article 7 below, as well as the shipping costs, are automatically displayed. After communicating his/her credit card number, in compliance with the conditions of article 8 below, the customer then clicks on the "BUY" button to debit his/her bank account. The authorization to debit the customer's bank account is displayed. The customer is advised to save and/or print this debit authorization on paper. Once the debit of the customer's bank account has been authorized, the customer's "Shopping Cart" is sent directly to the Company's order preparation department, and the customer's order number is displayed.
This order is binding on the customer as soon as the Company receives the duly completed "Shopping Cart" and validates it by displaying the order registration page.
In the case of an ALMA payment, the customer is sent directly to a specific page on which he must fill in his payment details before finalizing his order.
The Company reserves the right not to accept an order of more than 15 Products when it considers that the Customer is not acting as a simple consumer.
FOURTH STEP: ACKNOWLEDGEMENT OF RECEIPT OF ORDER BY THE COMPANY
The Company acknowledges receipt of the order in the form of an e-mail sent to the e-mail address provided by the customer. In accordance with the provisions of article 1369-2 of the French Civil Code, the customer formally accepts the use of electronic mail for confirmation by the Company of the contents of his/her order. This confirmation e-mail includes all the information communicated by the customer, with an indication, where applicable, of any difficulties or reservations raised by the order.
ARTICLE 6 - PROOF OF ORDER
In general, it is expressly agreed between the Company and the customer that e-mails will be deemed authentic between the parties, as will the automatic recording systems used on the Site, particularly as regards the nature and date of the order. In addition, for all orders of more than 120 euros, the Company keeps the elements relative to any order for a period of 10 years and holds them at the disposal of the customer on simple request addressed by this last one to LIM France, Chemin Fontaine de Fanny 24300 Nontron. It is however recommended, for orders placed on the Site, that the customer also keeps a copy (in electronic format and/or on paper) of the elements relating to his order (for example, the e-mail sent by the Company in accordance with article 5-D above).
ARTICLE 7 - PRICE
The prices displayed on the Site are in Euros and include all taxes, excluding delivery charges. The prices invoiced are those in force on the date of the order. The cost of delivery will be automatically displayed on the Site when the order is validated, and will be communicated to the customer again when the order is confirmed by e-mail. In accordance with the provisions of article L.121-19 of the French Consumer Code, the customer will receive written confirmation of the price paid and the delivery charges for each item upon delivery.
ARTICLE 8 - PRICING AND INVOICING
Customers can pay for their purchases using any of the following cards: CB, Visa, Eurocard, Mastercard, American Express. Cards issued by banks domiciled outside France must be international bank cards. In this case, the customer undertakes to pay using a bank card of which he/she is the personal holder and which bears his/her identity (first and last name). The online store does not store any credit card numbers. By communicating his/her credit card number and/or bank details, the customer accepts in advance and unconditionally that the Company may proceed with the secure transaction. The customer therefore authorizes his bank in advance to debit his account on the basis of the records or statements transmitted by the Company, even in the absence of invoices signed by the cardholder. Authorization to debit the customer's account is always given for the amount of the item(s) purchased as invoiced by the Company. The customer's bank card is debited within a maximum of six (6) days. In the event that, for any reason whatsoever (opposition, refusal by the issuing center, etc.), it proves impossible to debit the sums due by the customer, the order will not be recorded by the Company. The customer agrees to receive the invoice for his purchases electronically at the e-mail address communicated at the time of ordering. The customer may at any time contact the Company to obtain a paper invoice.
ARTICLE 9 - RESERVATION OF PROPERTY
The company reserves ownership of the articles delivered until full payment of the price in principal and interest. Payment shall be deemed to have been made when the price is actually received. In the event of non-payment in full or in part, the company may, without prior formal notice, reclaim the article(s) delivered by the company to the customer.
ARTICLE 10 - DELIVERY
Delivery is constituted by the transfer to the Customer of physical possession or control of the Products.
Items may only be delivered: - either to the customer's usual place of residence; - or to the delivery address indicated by the customer at the time of ordering, it being remembered that this address must correspond to the usual place of residence of a third party beneficiary chosen by the customer or, failing this, to the address of the company within which the customer carries out his or her professional activity, if this is located in the countries defined in the Zone and Delivery Costs paragraph of this article - it being understood that, in any event, delivery may not be made to hotels or post office boxes.In this respect, the customer undertakes to provide the exact address of his usual place of residence when validating his order. Once payment for the order has been received, the goods will be delivered to the delivery address indicated by the customer. In accordance with the provisions of article L.138-1 of the French Consumer Code, delivery of items ordered will take place either within 30 days of the order date at the latest, or, in the event of temporary unavailability of the said item accepted by the customer, within a period of time of which the customer will be notified in advance: when an item is added to the customer's "Shopping Cart" and before the order is accepted. The Company will deliver the items ordered from Monday to Friday between 09:00 and 12:00, with the exception of public holidays. Orders will be delivered to the customer's home against signature.
ARTICLE 11 - RECOVERY OF USED PRODUCTS
In accordance with the French anti-waste and circular economy law (AGEC) of February 10, 2020, the Company may take back used products from customers, within the limit of the products and quantities purchased, within one month of delivery of the order. To this end, the customer must contact the Company, which will send a prepaid delivery label so that the customer can return the used products to the Company.
ARTICLE 12 - INTELLECTUAL PROPERTY
The customer may not distribute or reproduce the Site, in whole or in part, in any form whatsoever. The Company's products, as well as all illustrations, images, designs and logos appearing on the Company's products sold by mail order, their accessories or their packaging, whether registered or not, are and shall remain the exclusive property of the Company. Any total or partial reproduction, downloading, modification or use of these trademarks, illustrations, images and logotypes, designs and models for any reason and on any medium whatsoever, without the express prior written consent of the Company, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logotype or, more generally, any distinctive sign intended to form a composite logo.Similarly, the following are strictly forbidden without the Company's express prior written consent:
- the creation of hypertext links to any of the pages or elements making up the Site;
- any use that does not comply with the present license to use the Site and, in particular, any use of any of its component parts (items presented, descriptions, prices, data, software, graphics, images, text, photographs, tools, etc.) for sale or any other use that is directly or indirectly commercial.
ARTICLE 13 - RIGHT OF WITHDRAWAL
In accordance with legal provisions, the customer has the right to cancel the order within fourteen (14) clear days of receipt of the goods, without having to give any reason. Within this period, the customer may return the goods in their original packaging, in perfect condition, complete and accompanied by a copy of the invoice. It is the customer's responsibility to keep all proof of this return, which presupposes that the articles are returned by registered mail, or by any other means giving a certain date, the return costs remaining in any case at the customer's expense. Reimbursement of the invoiced price of returned items and delivery costs will be made by crediting the customer's bank account within fourteen days of the request for retraction, although this period may be extended until the Company receives the returned items or proof that the items have been returned. Items returned incomplete, spoiled, damaged, deteriorated or soiled by the customer will not be reimbursed in full, and in any event will not give rise to the issue of a credit note for a sum equivalent to the initial order. The request for retraction is made by filling in the form provided and returning it by e-mail to the address contact@attractivesaddle.com or by post to the address: LIM France, Chemin Fontaine de Fanny 24300 Nontron. Items must be returned to the following address LIM France, Chemin Fontaine de Fanny 24300 Nontron. Items purchased online cannot be returned or reimbursed by a sales representative or reseller.
Special offer on used saddles:
For used saddles purchased on the site, a 30-day trial offer is available. If the customer decides not to keep the saddle after 30 days, he/she must inform the Company by e-mail at contact@attractivesaddle.com. The Company will provide a prepaid label for the return of the saddle. The customer must return the saddle in its original condition, clean and in its cover, without delay (and in no case later than 14 days after informing the Company that he/she does not wish to keep the saddle), accompanied by the cleaning kit, which must be returned in new condition. The Company will reimburse the customer for the purchase as soon as possible. The Company reserves the right not to fully refund the saddle if its condition is not in conformity with its original condition, or if the cleaning kit is not returned in new condition (the price of the kit as displayed on the website will then be retained).
ARTICLE 14 - COMPLIANCE
A - Contractual warranty
The customer must ensure that the items delivered correspond to the order. In the event that the items delivered do not correspond to the order, the customer must inform the Company as soon as possible, either by e-mail sent to contact@attractivesaddle.com justifying the non-conformity of the item with the order and, after agreement by the Company, return the items in question in their original packaging, in perfect condition, complete and accompanied by a copy of the invoice. The item must be returned by registered mail, or by any other means giving a certain date, the cost of return being - if the non-conformity of the item noted by the customer is proven - at the Company's expense. If it is not possible to exchange the returned item, and if the customer does not wish to receive a credit note from the Company, the invoiced price of the non-conforming items returned will be reimbursed by crediting the customer's bank account no later than thirty days following receipt of the returned items by the Company. Reimbursement of the cost of returning non-conforming items will be made by crediting the customer's bank account after the customer has sent proof of said costs.
Independently of the present contractual warranty, the Company is bound by the legal warranties mentioned below
B - Legal warranty of conformity
Under the conditions set out in Articles L. 211-4 et seq. of the French Civil Code, items sold by the Company to the customer are covered by the legal guarantee of conformity.
The customer can act in legal guarantee of conformity by sending a letter to this effect to the Company at the following address: LIM France, Chemin Fontaine de Fanny 24300 Nontron
When acting under the legal warranty of conformity, the customer is expressly informed that he :
(i) has a period of two (2) years from the date of delivery of the item ordered to act ;
(ii) may choose between repair or replacement of the item ordered, subject to the cost conditions stipulated in article L. 211-9 of the French Consumer Code;
(iii) is exempt from proving the existence of the lack of conformity of the item ordered during the six (6) months following its delivery. This period is extended to twenty-four (24) months from March 18, 2016, except for used goods.
The legal warranty of conformity applies independently of the contractual warranty referred to in point 1 of Article 13.
Without prejudice to the contractual warranty referred to in point 1 of Article 13 and to the legal warranty of conformity, the Customer may decide to invoke the warranty against hidden defects in the item sold as defined in article 1641 of the French Civil Code. Where applicable, the Customer may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code.
In accordance with article L. 211-15 of the French Consumer Code, the stipulations of articles L. 211-4, L. 211-5 and L. 211-12 of the said Code are reproduced in full below:
Article L. 211-4 of the French Consumer Code :
"The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility."
Article L. 211-5 of the French Consumer Code :
"To conform to the contract, the good must :
1° Be fit for the use ordinarily expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
- have the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."
Article L. 211-12 of the French Consumer Code:
"Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods.
C - Legal warranty against hidden defects
Under the conditions defined in articles 1641 et seq. of the French Civil Code, items sold by the Company to the customer are covered by the legal warranty against hidden defects.
In accordance with article L. 211-15 of the French Consumer Code, the stipulations of article 1641 and the first paragraph of article 1648 of the French Civil Code are reproduced in full below:
Article 1641 of the French Civil Code:
"The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
First paragraph of article 1648 of the French Civil Code:
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
ARTICLE 15 - LINKS ON THE WEBSITE
The Site may include links to other web sites or other Internet sources. Insofar as Attractive Saddle cannot control these external sites and sources, Attractive Saddle cannot be held responsible for the availability of these external sites and sources, and cannot be held responsible for the content, advertising, products, services or any other material available on or from these external sites or sources.
In addition, Attractive Saddle shall not be liable for any damages or losses incurred or alleged to have been incurred as a result of, or in connection with, access to, use of or reliance on any such content, goods or services available on such external sites or sources.
ARTICLE 16 - FORCE MAJEURE
The Company's performance of all or part of its obligations will be suspended in the event of a case of force majeure as defined by the case law of the French courts, which would delay performance. The Company will inform the customer of any such case of force majeure within seven days of its occurrence. Should this suspension of the Company's obligations continue beyond a period of fifteen days, the customer will then have the option of cancelling the current order, and will be reimbursed by the Company as soon as possible by crediting the customer's bank account.
ARTICLE 17 - NON-WAIVER
The fact that the Company refrains from requiring at a given time the execution of any of the provisions of the present general terms and conditions of sale cannot be interpreted as a waiver of the right to invoke the said total or partial non-execution at a later date.
ARTICLE 18 - VALIDITY OF THE GENERAL TERMS AND CONDITIONS OF SALE
If any provision of these general terms and conditions of sale is declared invalid in whole or in part, the other provisions and the other rights and obligations arising from these general terms and conditions of sale shall remain unaffected and shall continue to apply.
ARTICLE 19 - SETTLEMENT OF DISPUTES
These general terms and conditions of sale are governed by and construed in accordance with French law. In the event of any difficulty arising in connection with the order or delivery of the Company's products, the customer shall have the possibility, before taking any legal action, of seeking an amicable solution, in particular with the help of a consumer association or any other advisor of his choice.
The customer may also have recourse to mediation of consumer disputes or any other alternative dispute resolution method.
The customer may also have recourse to the Company's consumer mediator. The proposed consumer mediator is MCP Médiation. This mediation service can be contacted by :
- Postal mail: MCP Médiation 12 square Desnouettes 75015 PARIS
- Electronically: http://mcpmediation.org
ARTICLE 20 - PERSONAL DATA
The Company attaches particular importance to the processing, confidentiality and security of your Personal Data. The company offers you personalized, high-performance services while respecting your privacy and personal choices.
Lim Group's Privacy and Data Protection Charter enables the Company to communicate to you in a clear, simple and precise manner its policy and practices regarding the collection, use and disclosure of information about you, in accordance with applicable data protection laws, such as Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
ARTICLE 21 - COMPANY MEMBERSHIP OF ECO-ORGANIZATIONS
In accordance with the French anti-waste and circular economy law (AGEC) of February 10, 2020, the company is required to join the eco-organizations of the product channels it offers for sale and to specify its unique identifier numbers such as:
|
Eco-organization |
Unique Identification Number |
|
CITEO |
FR280462_01XQSR |
|
REFASHION |
FR280462_11AFHI |
|
ECOLOGIC |
Fr280462_13NLZQ |
