These Terms and Conditions (from now on “Terms and Conditions”) apply to all purchases made by a user/person (hereinafter the “CUSTOMER”) on the website www.laurentnay.com (from now on the “WEBSITE”) from Maison Victor sarl registered at the Cusset under the number 932912991, which has its registered office at 16 grande rue – 03110 Brout Vernet – France, Tel: +33 (0)782 53 14 47 email: info (at)laurentnay.com (from now on “SELLER”)
IMPORTANT
Any order placed on the WEBSITE necessarily implies the unconditional acceptance of these Terms and Conditions by the CUSTOMER.
Article 1. Definitions
The following terms used in these Terms and Conditions have the following meanings:
• “CUSTOMER” means the contracting partner of the SELLER, who guarantees that he has the quality of consumer as defined by French law and jurisprudence. As such, it’s expressly foretold that the CUSTOMER acts independently of usual or professional activity.
• “DELIVERY” means the first presentation of PRODUCTS ordered by the Customer at the delivery address specified during the order.
• “PRODUCTS” means all products available on the WEBSITE.
• “TERRITORY” means the Worldwide
Article 2. Purpose
These Terms and Conditions rule the sale of PRODUCTS by the SELLER to his CUSTOMERS.
The CUSTOMER is informed and agrees that the WEBSITE targets consumers and that professionals should contact the sales department of the SELLER to benefit from specific contractual conditions.
Article 3. Acceptance of the general conditions
The CUSTOMER agrees to carefully read and accept these Terms and Conditions before proceeding with the payment for a PRODUCTS order placed on the WEBSITE.
These Terms and Conditions are referenced at the bottom of each WEBSITE page through a link and must be read before ordering. The CUSTOMER is invited to read carefully, download, print these Terms and Conditions and keep a copy.
The SELLER advises the CUSTOMER to read these Terms and Conditions for each new order. The latest version of these Terms and Conditions applies to all new PRODUCT orders.
By clicking on the first button to place the order and then the second to confirm it, the CUSTOMER acknowledges having read, understood and accepted these Terms and Conditions without limitation or reservation.
Article 4. Purchase of PRODUCTS on the WEBSITE
To purchase a PRODUCT, the CUSTOMER must be at least 18 and have the legal capacity or, if he’s a minor, be able to justify the agreement of its legal representatives.
The CUSTOMER will be invited to provide information to be identified by filling out the form available on the WEBSITE. The sign (*) indicates that these fields are required and must be filled by the CUSTOMER in order to have his order processed by the SELLER. The CUSTOMER can check the status of his order on the WEBSITE. The tracking of the DELIVERIES may, if necessary, be made by using the online tracking tools of the involved delivery company. The CUSTOMER may also contact the sales department of the SELLER at any time by email, at info(at)aurentnay.com to obtain information about the status of his order.
The information provided by the CUSTOMER to the SELLER during an order must be complete, accurate and up-to-date.
The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and other information provided.
Article 5. Order
5.1 Features of the products
The SELLER endeavors to describe as clearly as possible the main characteristics of the PRODUCTS (on the fact sheets available on the WEBSITE) and other required information that the CUSTOMER shall receive under the applicable law (in these Terms and Conditions).
The CUSTOMER agrees to read this information carefully before placing an order on the WEBSITE.
The SELLER reserves the right to modify the PRODUCTS selection available on the WEBSITE, especially regarding the constraints related to its suppliers.
Unless the contrary is expressly stated on the WEBSITE, all the PRODUCTS sold by the SELLER are new and comply with the European legislation and standards required in France.
5.2. Ordering process
PRODUCTS orders are directly placed on the WEBSITE. To place an order, the CUSTOMER must follow the steps below (however, please note that depending on the CUSTOMER start page, the steps may be slightly different).
5.2.1. Selection of the PRODUCTS and purchase options
The CUSTOMER must select the PRODUCT(S) of his choice by clicking on the concerned PRODUCT(S) and choosing the characteristics, and the quantity wanted. After this selection, the PRODUCT is placed in the basket of the CUSTOMER. He can add to his basket as many PRODUCTS as he wants.
5.2.2. Orders
Once the PRODUCTS are selected and placed on the basket, the CUSTOMER must click on the basket and check that the content of his order is correct. If the CUSTOMER has not done yet, he will be asked to log on or register.
Once the CUSTOMER has validated the content of his basket and is logged/registered, an online form automatically completed will appear summarizing the price, applicable taxes, and, if necessary, costs of delivery.
The CUSTOMER is invited to check the content of his order (including the amount, the characteristics and the references of the ordered PRODUCTS, the billing address, the payment method and the price) before validating its content.
The CUSTOMER can then make the payment of the PRODUCTS by following the instructions on the WEBSITE and providing all information required for the billing and the DELIVERY of the PRODUCTS.
Concerning the PRODUCTS for those available options, these specific references appear when suitable alternatives have been selected. Orders placed must include all necessary information to ensure the proper order processing.
CUSTOMER must also select the delivery method chosen.
5.2.3. Acknowledgment of receipt
Once all the steps described above are achieved, a page appears on the WEBSITE in order to acknowledge receipt of the order of the CUSTOMER. A copy of the acknowledgement of the order will be automatically sent to the CUSTOMER by email on the condition that the email address provided through the registration form is correct.
The SELLER doesn’t send any order confirmation by post or by fax.
5.2.4. billing
During the ordering process, the Customer should give all the information necessary for billing (The sign (*) indicates that these fields are required and must be filled by the CUSTOMER to have his order processed by the SELLER
The CUSTOMER must clearly give all the information relating to the DELIVERY, in particular the exact address of the Customer and any access code.
CUSTOMER must also specify the payment method wanted.
Neither the purchase order established online by the CUSTOMER nor the acknowledgement of receipt sent by the SELLER to the CUSTOMER by email will be considered an invoice. Whatever the order/payment chosen, the CUSTOMER will receive the original invoice during the DELIVERY of the PRODUCTS by email or inside the package.
5.3. Date of the Order
The order date is when the SELLER acknowledges online the order. The customer delay indicated on the WEBSITE begins to run from that date.
5.4. Price
For all PRODUCTS, the CUSTOMER will find the price (in euros), all taxes included, and the applicable shipping costs (depending on packages weight, except wrapping and gifts, on the DELIVERY address and delivery way or company selected).
The prices include tax (VAT) at the rate in effect on the date of the order. Any change in this applicable rate may impact the price of the PRODUCTS after the effective date of the new rates.
The applicable VAT rate is expressed as a percentage of the value of a sold PRODUCT.
The prices of the SELLER suppliers are subject to be modified. In consequence, the prices listed on the WEBSITE may also change. They can also be modified in case of special offers/sales.
The indicated prices are valid, except important mistakes. The applicable price is the one stated on the WEBSITE at the date when the CUSTOMER places the order.
The PRODUCT price may be displayed excluding VAT for all exports within the eurozone and exclusively for professionals with a valid European VAT number. The price may be validated after request to the SELLER and validation by the latter.
For all exports outside the eurozone, the CUSTOMER may benefit from an exemption from the VAT applicable at the time of the invoice’s edition by simple express request on his part. This VAT exemption shall only apply with proof of export of the PRODUCT by the SELLER. The PRODUCT price may be displayed EXCLUDING TAX after validation of the delivery and billing address.
In these 2 cases, the CUSTOMER shall be liable for the import duties and taxes on the PRODUCT. The SELLER shall in no case be responsible for the import duties and taxes on the PRODUCT. Suppose the PRODUCT cannot be exported to the EURO zone or outside the EURO zone according to the above conditions. In that case, the CLIENT shall be liable for the VAT value corresponding to his purchase before the PRODUCT shipment. The SELLER may ask to pay the balance to contract the sale.
5.5. Availability of PRODUCTS
Depending on the PRODUCT concerned, the SELLER applies a « just in time » inventory management. Therefore, the PRODUCTS availability depends on the SELLER’s stocks.
The SELLER agrees to deliver all the order received provided that the PRODUCTS are available.
The unavailability of a PRODUCT is generally specified on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.
Some PRODUCTS are made to order and are therefore not immediately available. Delivery times are specified on the PRODUCT page concerned. In any case, if the unavailability is not selected at the time of the order, the SELLER shall immediately inform the CUSTOMER that the PRODUCT is currently unavailable.
The SELLER may, at the request of the CUSTOMER:
- Offer to ship all PRODUCTS simultaneously as soon as the PRODUCT out of stock is available.
- Offer to ensure a partial shipment of the PRODUCTS available first, then ship the rest of the order when the other PRODUCTS are available. In this case, the additional transport costs shall be clearly specified.
- Offer an alternative PRODUCT with an equivalent quality and price, accepted by the CUSTOMER.
Suppose the Customer decides to cancel the command of the unavailable PRODUCTS. In that case, he will be completely reimbursed for all the payment realized concerning the PRODUCTS unavailable, at the latest within the thirty (30) days of the payment.
Article 6. Right of withdrawal
The terms of the right of withdrawal are provided in the “Cancellation policy” policy available in Annex 1 of these Terms and Conditions.
Article 7. Payment
7.1. Methods of payment
The CUSTOMER can pay for its PRODUCTS online on the WEBSITE by the methods proposed by the SELLER.
The CUSTOMER guarantees the SELLER that he holds all the authorizations required to use the selected payment method.
The SELLER shall take all necessary measures to guarantee the security and the confidentiality of data transmitted online through the online payment on the WEBSITE.
In this regard, All payment information provided on the WEBSITE is transmitted to the WEBSITE bank and is not processed on the WEBSITE.
7.2. Payment date
In case of a single payment by credit card, the CUSTOMER’s account will be debited from the order of the PRODUCTS placed on the WEBSITE.
In case of partial DELIVERY, the total amount will be debited from the account of the CUSTOMER at the earliest when the first package is shipped.
If the Customer decides to cancel his order for unavailable PRODUCTS, the refund will be processed following the last paragraph of Article 5.5 of the Terms and Conditions.
7.3. Delay or non-payment
Suppose the bank refuses to debit a card or another payment method. In that case, the Customer must contact the Customer Service of the SELLER to pay the order by any other valid payment method.
In the case that, for any reason, opposition, rejection or other, the money transfer of the CUSTOMER is impossible, the order will be automatically canceled, and the sale finished.
Article 8. Proof and archiving
All the contracts achieved with the CUSTOMER corresponding to an order of an amount higher than 120 euros will be archived by the SELLER for ten (10) years according to Article L. 134-2 of the Consumer Code.
The SELLER agrees to archive this information monitor the transactions, and give a copy of the contract at the CUSTOMER’s request.
In case of dispute, the SELLER will have the opportunity to prove that his electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The SELLER remains the owner of the PRODUCTS delivered until the full payment by the CUSTOMER.
The provisions above shall not prevent the transfer to the CUSTOMER, at the time of receipt by him or a third party designated by him other than the carrier, of the risk of loss or damage of the PRODUCTS subject to reserve property, and the risks of damage they can cause.
Article 10. Customer
The Terms and Conditions of the DELIVERY of PRODUCTS are provided in the “Delivery Policy” given in Annex 2.
Article 11. Packaging
The PRODUCTS will be wrapped by the current transport standards to ensure the maximum protection for the PRODUCTS during the DELIVERY. CUSTOMERS agree to respect the same standards when they return the PRODUCTS as explained in Annex 1 « Return policy ».
Article 12. Guarantees
12.1. Guarantee of conformity
The SELLER must deliver a conform PRODUCT, that is to say, meeting the expectations for a classic use of a similar good and matching with the description given on the WEBSITE.
This also means that the PRODUCT must have the characteristics that a CUSTOMER is entitled to expect regarding the public statements made by the SELLER, including on advertisements and on the labels.
In this context, the SELLER is likely to respond for an existing lack of conformity during the DELIVERY and a lack of conformity resulting from the packaging, the instructions for the assembly or the installation when they are realized by him or under his responsibility.
The action resulting from a lack of conformity is prescribed two (2) years from the DELIVERY of the PRODUCT.
In the case of a lack of conformity, the CUSTOMER can request the replacement or the repair of the PRODUCT, up to his choice. However, if the price of the PRODUCT chosen by the CUSTOMER is clearly disproportionate in comparison to the other available option, regarding the value of the PRODUCT or the importance of the defect, the SELLER may choose to repay without following the option selected by the Customer.
In the case that a replacement or a repair is not possible, the SELLER shall refund the price of the PRODUCT within 30 days upon the receipt of the returned PRODUCT, and in exchange of the returned PRODUCT by the CUSTOMER at the following address 16 grande rue – 03110 Brout Vernet – France.
Finally, the CUSTOMER does not have an obligation to prove the existence of the PRODUCT’s lack of conformity during the next six (6) months after the DELIVERY of the good.
This legal guarantee of conformity is applicable independently of the granted commercial warranty on the PRODUCTS.
12.2. Guarantee for hidden defects
The SELLER has the obligation to guarantee any hidden defects on the PRODUCT sold that make it unusable for its intended use or decrease its use to the point that the CUSTOMER would not have purchased it or paid it in a lower price if he had known.
This guarantee allows the CUSTOMER, who can prove the existence of a hidden defect, to choose between a full reimbursement of the PRODUCT if it’s returned or a partial reimbursement if the PRODUCT is not returned.
In the case where a replacement or a repair is not possible, the SELLER shall refund the price of the PRODUCT within 30 days upon the receipt of the returned PRODUCT, and in exchange of the returned PRODUCT by the CUSTOMER at the following address 16 grande rue – 03110 Brout Vernet – France.
The action resulting from a hidden defect must be intended by the Customer within two (2) years from the discovery of the hidden defect.
Article 13. Responsibility
The SELLER shall not be held responsible in the case where the contractual obligations of the CUSTOMER are not executed or wrongly executed, especially during the execution of the order.
The SELLER shall not be held responsible for any delay or failure in the case, or this delay or failure is due to a significant force as defined by the jurisprudence of courts and French courts.
The links to third party WEBSITES are only provided for information, and no warranties are given about their content. It’s also specified that the SELLER does not control the websites directly or indirectly linked to the WEBSITE. In consequence, all information published on these websites is not under the responsibility of the WEBSITE.
Article 14. Personal data
The SELLER collects personal data about its customers on the WEBSITE, including through cookies. CUSTOMERS can deactivate cookies by following the instructions provided by their browser.
The data collected by the SELLER are used to process orders placed on the WEBSITE, manage the account of the CUSTOMER, analyze orders and, if the CUSTOMER has chosen this option, send him prospecting emails, newsletters, promotional offers and/or information about special sales, unless the CUSTOMER does not wish to receive such communications from the SELLER.
The data of the CUSTOMER are confidentially retained by the SELLER by his declaration to the CNIL for the contract, its execution and compliance with the law.
CUSTOMERS may unsubscribe at any time by accessing their account by clicking on the hyperlink dedicated at the bottom of every offer received by email.
Data can be, in whole or partially, communicated to the SELLER providers involved in the order process. For commercial purposes, the SELLER may transfer to his business partners the names and details of his CUSTOMERS in the case where they have given their consent during the registration on the WEBSITE.
The SELLER will specifically ask his CUSTOMERS if they want their personal data disclosed. CUSTOMERS may change their minds at any time on the WEBSITE or by contacting the SELLER.
The SELLER may also ask his CUSTOMERS if they want to receive commercial offers from his partners.
In accordance with Law No. 78-17 of January 6 1978, relating to data files and freedoms, the Customer has a right to access, rectify, oppose (for legitimate reasons) and delete his personal data. He can exercise this right by sending an email at: info(at)laurentnay.com or by sending a letter to Laurent Nay Maroquinerie / Maison Victor sarl, 16 grande rue – 03110 Brout Vernet – France.
It’s stated that the Customer must prove his identity, either by scanning an ID or by sending a photocopy of his identity card to the SELLER.
Article 15. Complaints
The SELLER provides to the CUSTOMER a “Customer Phone service” at the following number: +33 (0) 782 53 14 47 (no premium-rate number).
Any written complaint of the CUSTOMER must be sent to the following address: 16 grande rue – 03110 Brout Vernet – France.
Article 16. Intellectual property
All the visuals and sound elements of the WEBSITE, including the underlying technology used, are protected by copyright, trademark law and/or patents.
These elements are the exclusive property of the SELLER. Any person who publishes a WEBSITE and wants to create a hyperlink directly to the WEBSITE must request written authorization from the SELLER.
This authorization of the SELLER will not be granted permanently. The link must be removed at the request of the SELLER. Hypertext links to the WEBSITE using techniques like framing or inline linking are strictly prohibited.
Article 17. Validity of the Terms and Conditions
Any change in the law, in the applicable regulations or a decision of a competent court invalidating one or more clauses of these Terms and Conditions, shall not affect the validity of these Terms and Conditions.
This modification or decision does not allow the CUSTOMER to ignore these Terms and Conditions.
All conditions not specifically addressed herein shall be governed according to the use of the sector, particularly for companies that have their headquarters located in France.
Article 18. Modification of the Terms and Conditions
These Terms and Conditions apply to all purchases made online on the WEBSITE, as long as the WEBSITE is available online.
The Terms and Conditions are dated accurately and may be modified and updated by the SELLER at any time. The applicable Terms and Conditions are those in effect at the time of the order.
Changes on these Terms and Conditions shall not apply to previously purchased PRODUCTS.
Article 19. Jurisdiction and applicable law
These Terms and Conditions and the relationship between the CUSTOMER and the SELLER shall be governed by French law.
In case of dispute, the French courts will be competent.
However, before any recourse to arbitration or state judge, the trading in a spirit of loyalty and good faith will be privileged to reach an amicable agreement during the occurrence of any dispute relating to this contract, including on its validity.
The party wishing to implement the negotiation process must inform the other party by a registered letter acknowledging receipt stating the elements of the conflict. If, after a period of fifteen (15) days, the parties were unable to agree, the dispute shall be submitted to the competent court hereafter.
During the negotiation process and until its conclusion, the parties shall not pursue any legal action against each other or linked to the object of the conflict negotiation. Exceptionally, the parties are permitted to enter the jurisdiction of the Court or request the issuance of order upon request.
An action before the Court or implementing a procedure upon request does not result from the waiver of the clause amicable arrangement unless it’s clearly expressed.
ANNEX 1
RETURN POLICY
Cancellation principle
The CUSTOMER has by principle the right to return the PRODUCT to the SELLER or a person designated by the latter, without excessive delay and no later than fourteen (14) days after the notification of his decision to withdraw, unless if the SELLER offers to collect the PRODUCT himself.
Withdrawal period
The withdrawal period will expire fourteen (14) calendar days after the day the CUSTOMER or a third party other than the delivery company takes physical possession of the PRODUCT.
In the case where the CUSTOMER has ordered several PRODUCTS via one order with several DELIVERIES (or in the case of an order of a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) calendar days after the day the CUSTOMER or a third party other than the delivery company takes physical possession of the PRODUCT.
Notification of withdrawal
To exercise his right of withdrawal, the Customer must notify its decision to withdraw from this contract by an unequivocal statement: Laurent Nay Maroquinerie / Maison Victor sarl 16 grande rue – 03110 Brout Vernet – France or info(at)laurentnay.com.
It can also use the form below:
FORM OF WITHDRAWAL
For the attention of [*] (* Contact the SELLER)
SELLER telephone number *:
Email address * SELLER:
I notify you hereby of my withdrawal from the contract for the sale of the PRODUCT below:
PRODUCT Reference
No invoice:
No purchase order:
– Ordered on [____________] / received [________________]
– Method of payment used:
– Name of the CUSTOMER and, when appropriate, the recipient of the order:
– CUSTOMER address:
– Delivery address:
– Signature of the CUSTOMER (except in case of transmission by email)
– Date
To respect the withdrawal period, the Customer must send a communication on the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
In case of withdrawal from the CUSTOMER, the SELLER agrees to refund the total amount paid, including the shipping charges, without undue delay. In any case, no later than fourteen (14) days after the day the SELLER is notified by the CUSTOMER to his wish to retract.
The SELLER will refund the CUSTOMER by the same method of payment used for the initial transaction unless the CUSTOMER expressly wants to be refunded by a different process. In any case, this reimbursement does not cost any fees to the Customer.
The SELLER may differ the reimbursement until the goods receipt or the Customer has provided evidence of the PRODUCT shipment. The selected date is the first of these two options.
Return Policy
CUSTOMER must, without undue delay, and in any case, no later than fourteen (14) days after the day the CUSTOMER notifies the SELLER to his wish to retract, return the property to: Maison Victor sarl, 16 grande rue – 03110 Brout Vernet – France.
This deadline is met if the CUSTOMER returns the PRODUCT before the end of the fourteen days.
Return fees
The CUSTOMER will have to pay the direct costs of the return of the goods.
Condition of the returned property
The PRODUCT must be returned by the SELLER’s instructions and contain all delivered accessories.
The CUSTOMER’s responsibility is only engaged in the case where the PRODUCT’s depreciation results from a manipulation other than those necessary to establish the nature, the characteristics, and good working of the PRODUCT. In other words, the CUSTOMER can test the PRODUCT, but his responsibility could be engaged if he performs further manipulation than those necessary.
Packaging
The current transport standards pack the PRODUCTS to ensure maximum protection for the PRODUCTS during the DELIVERY. The CUSTOMER must follow the same standards when he returns the PRODUCTS. Therefore, the CUSTOMER is asked to return the PRODUCT in its original packaging and in good condition, ready to be sold.
Exclusions of the withdrawal right:
The right of withdrawal is excluded in the following cases:
• The supply of goods or services for which the price depends on fluctuations in the financial market
• The supply of goods made with specifications or clearly personalized by the CUSTOMER
• The supply of goods which have lots of risks to become damaged or expiring rapidly
• The supply of sealed audio or video recordings software which was unsealed after the delivery
• Newspaper, periodical, magazine (except subscription contract)
• The supply of accommodation other than for residential purposes, transport of goods, car rentals, restoration or linked to leisure activities, if the offer provides a specific date or execution period
• The supply of goods which are by nature, inseparably associated with other articles
• The supply of sealed goods that cannot be returned for health reasons and which have been unsealed by the CUSTOMER after the DELIVERY.
• The supply of alcoholic beverages with a price agreed during the conclusion of a contract, and with a delivery which can be ensured only after 30 days, and for which the value depends on fluctuations in the market out of control of the SELLER
• The supply of digital content not furnished is dematerialized if the execution has begun with the express consent of the consumer, who has also recognized he will then lose his right of withdrawal
• The contracts concluded during a public auction
ANNEX 2
DELIVERY POLICY
Delivery zone
The PRODUCTS offered can only be delivered on the TERRITORY.
It’s impossible to place an order for a delivery address located outside this TERRITORY.
The PRODUCTS are shipped to the delivery address(es) indicated by the Customer during the ordering process.
Delivery time
The delay in preparing an order and preparing the invoice before shipping the PRODUCTS in stock is listed on the WEBSITE. These delays do not include weekends or public holidays.
An email message will be automatically sent to the CUSTOMER at the time of the PRODUCTS shipment, provided that the email address in the registration form is correct.
Shipping & DELIVERY charges
The SELLER indicates to the CUSTOMER the possible periods and shipping options to purchase a PRODUCTS during the ordering process.
Shipping costs are calculated according to the method of delivery. These costs will be due by the Customer in addition to the price of purchased PRODUCTS.
The details of delivery times and costs are detailed on the WEBSITE.
Terms and Conditions of Shipping
The package will be delivered to the CUSTOMER against a signature and on presentation of an ID card.
In case of absence, a notice will be left to the CUSTOMER to enable him to get his available package at his post office.
Problems of DELIVERY
The CUSTOMER is informed of the delivery date when he chooses the transporter, at the end of the online order process, before confirming the order.
It’s specified that the deliveries will be made within thirty (30) days. Otherwise, the CUSTOMER must give notice to the SELLER to deliver within a reasonable time, and in a case where the delivery is not ensured within that period, he would have the possibility to cancel the contract.
The SELLER must reimburse, without undue delay, after the receipt of the termination letter, the CUSTOMER the total amount paid for the PRODUCTS, taxes and shipping included by using the same method of payment used by the Customer to buy the products.
The SELLER is responsible until the delivery of the PRODUCT to the CUSTOMER. As a reminder, the CUSTOMER has a period of three (3) days to notify the transporter of the damage or partial loss recognized during the delivery.