The present website www.lemaire.fr (“the Site”) is edited by Jinghi (Lemaire trademark); Limited Liability Company with a capital of 7.680,00 Euros, registered under number 381 279 165, whose Head Office is located 170 rue du Temple -75003 Paris,- Phone number : +33 (0).44.78.00.01; e-mail address: firstname.lastname@example.org
The Lemaire trademark ensures the Publishing & Operations Direction
Lemaire strives to provide the best of its ability, the accuracy and the update of the information published on this Site, and reserves the right to change the content at any time and without prior notice. However Lemaire cannot guarantee the correctness, the accuracy or the comprehensiveness of the information available on the Site.
This section is dedicated to the Lemaire’s protection policy of privacy and specifies the origin and the use of navigation information during visit on the Site by Internet Users and their rights. This policy is therefore important for the Internet Users, who wish to have a positive and confident experience on the Site and for Lemaire, that it wants to respond accurately and completely to questions on the consultation and the use of the Site as well as take into account theirs wishes.
Lemaire’s intellectual property right
The entire site and each of its components (such as registered brands, domain names, texts, web spaces, animation software, images, photographs, illustrations, packaging, patterns, logos, sounds and music) are the exclusive property of Lemaire or duly authorized third parties to exploit these elements, which is the only one authorized to operate the intellectual property rights thereto.
None of the contents of the Site that is software, visual or sound may be used, reproduced, distributed or published in whole or in part without prior Lemaire’s written permission.
The creation of simple links or hyperlinks to the Site lemaire.fr is subject to Lemaire’s written prior consent, which can be revoked at any time.
Lemaire disclaims all liability (including editorial) concerning the access to the Site -and its comments- with an hyperlink to or from the Site.
TERMS OF SALES
Updated on 10/04/19
The company JINGHI manufactures and markets directly or indirectly its articles (clothing and accessories) under the brand name and brand LEMAIRE worldwide.
JINGHI is a simplified joint-stock company with a capital of 18 580 euros, registered in the Paris Trade Register under number B 381 279 165, with its registered office at 170, rue du Temple (75003) PARIS, telephone: +33 1 44 78 00 01, email: email@example.com , intracommunity VAT number: FR 47572034361 (hereinafter referred to as LEMAIRE or LEMAIRE).
ARTICLE 1: SCOPE
The present "General Conditions of Sale »(Hereinafter the GTC) apply to remote sales of LEMAIRE articles and are reserved for consumers acting exclusively for their personal use for delivery in France, as well as in any other territory, it being specified that French law applies to any order placed via the LEMAIRE website available at www.lemaire.fr or by telephone to the Customer Service, regardless of the delivery country chosen by the Customer.
Any order not corresponding to a retail sale and, more generally, any fraudulent order may be refused by LEMAIRE. LEMAIRE therefore reserves the right to limit the quantities of an article delivered to the same consumer or the same postal address.
The purpose of these Terms and Conditions is, firstly, to inform any potential Customer about the terms and conditions of the sale of items by LEMAIRE to the consumer and to define the rights and obligations of the Parties.
Concerning the telephone sales with the customer service, the customer is invited to consult the CGV appearing on the Site before his Order. Regarding the sale on the Site, the customer by checking a box provided for this purpose, acknowledges having read the Terms before placing the Order and have accepted without reservation. In accordance with the provisions of article 1369-4 of the Civil Code, the GSC can be kept by any person visiting the Site, by means of a download and can be printed.
ARTICLE 2: INFORMATION ON ARTICLES
Information on LEMAIRE products is available, with their references, in all LEMAIRE stores, as well as on the Site. The Customer may select one or more items among the different categories offered on the Site within the limits of available stocks. LEMAIRE may modify at any time the items offered for sale on the Site, without prejudice to Orders placed by the Customer. For any question or request for advice, the Customer may contact the LEMAIRE team of advisors by calling Customer Service on + 33 1 85 09 91 96 (price of a local call), during the opening hours of the Service indicated in the "Contact" section of the Site.
Despite the care taken in the presentation of the articles on the Site, LEMAIRE can not guarantee that their real appearance corresponds exactly to their appearance on the screen, in particular with regard to the variations of the colors. The company LEMAIRE can not be held responsible for non-substantial errors that may occur.
LEMAIRE reserves the right to remove items from the sale at any time. In case of unavailability of one of the items, the Customer will be informed at the earliest by the Customer Service and it will be offered either a partial delivery of the Order or cancellation of the Order. In case of total cancellation of the Order for unavailability, the Customer Order will be automatically canceled and the refund will be issued from the total value of the order. In case of partial cancellation of the Order, for unavailability, the Customer Order will be validated and his bank account will only be debited the amount of the available items actually shipped.
ARTICLE 3: ORDERS
Any Order implies acceptance of the GTCS and the Confidentiality Policy unless specific contractual conditions are concluded between the Parties.
3.1 Phone Orders
Orders will be received, in French or in English, by the Customer Service of LEMAIRE + 33 1 85 09 91 96 (price of a local call), from Metropolitan France from Monday to Friday, from 9 am to 6 pm, except public holidays.
3.2 Orders on the Website
Orders may be placed on the Website available at www.lemaire.fr (hereinafter the Website). The Customer shall bear the costs of telecommunications when accessing the Internet and using the Site. All steps necessary for the sale are specified on the Site. The Customer, before validating his Order definitively, checks the details and the total price of his Order, corrects possible errors, before confirming his final agreement on the payment of the Order.
The Customer's attention is drawn to the fact that the validation of an Order entails the obligation to pay the agreed price. To validate an Order definitively, click on the "Validate and pay" button ". From the moment the Customer has validated the Order, LEMAIRE will acknowledge receipt thereof without delay and electronically. As part of an Order delivered by "withdrawal in store", the Customer will receive an email confirming his Order after his purchase. He will then be notified by email of the availability of his parcel in the shop LEMAIRE chosen by the latter. The company LEMAIRE recommends its customers to keep these emails on paper or computer. In case of non receipt of these emails, it is recommended to the Client to check if they have not arrived in the box of junk mail. The Customer is informed that the emails are sent to the e-mail address he has entered. Consequently, if there is an error in entering the e-mail address concerned, or if the message confirming the dispatch or provision of the Order is not received, LEMAIRE's liability can not be engaged (unless the receipt of the confirmation message results from a fault of LEMAIRE). In this case the sale will be considered final. The Customer may nevertheless exercise his right of withdrawal under the conditions set out in article 8 of the GTC.
3.3 Order of articles without creation of account on the Site
If the Customer does not request the backup of the data necessary to execute the Order, he does not create an account on the Site. An invoice in electronic format will be available by clicking on the link in the email confirmation of his Order.
3.4 Refusal, Suspension or Cancellation of Orders
LEMAIRE reserves the right to refuse or cancel any Order whose number of items or the amount to be paid (for one or more Orders cumulated) would not correspond to the usual average use of a household and any Order that would imply that an economic activity is carried out by the Customer in connection with the items ordered or more generally, any Abnormal Order. Finally, LEMAIRE reserves the right to suspend or cancel any execution of an Order and / or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the Customer, in the event of a payment incident, or in case of fraud or attempted fraud relating to the use of the LEMAIRE Website, including on the occasion of Previous Orders.
ARTICLE 4: PRICE OF ARTICLES
The price of the items, indicated in Euros, includes all taxes.
Except in special circumstances, LEMAIRE does not charge shipping costs.
The different shipping methods are provided below in the GTC and are recalled on the Site. They can be modified at any time by LEMAIRE. Also, LEMAIRE advises any Customer to regularly consult the Terms and Conditions appearing on the Site. The selling prices of online items on the Site are those in effect at the time of placing the Order by the Customer. The selling prices of items can be changed by LEMAIRE at any time. This change will be reported to the Customer prior to any Order. LEMAIRE exercises regular control to verify that the prices charged are correct; however, some prices may be affected by an error. If LEMAIRE notices a price error in the Order, the Customer will be informed as soon as possible. LEMAIRE reserves the right to cancel the Order of the item affected by an obvious price error. If the Order has been settled, the Customer will be immediately refunded the amount paid.
The Customer will receive, upon confirmation of the Order, for each item, the written confirmation of the price paid detailing the price of the items.
ARTICLE 5: TERMS OF PAYMENT
The payment of Orders on the Site can be made:
• by the Customer's PayPal account. By choosing payment via PayPal, the Customer will be automatically directed to his PayPal account. Once the PayPal payment has been validated, the Customer will see the confirmation page of his Order on the Site.
• by bank transfer from a sender account in the name of the customer and in this case LEMAIRE communicates to the customer by e-mail bank details of the LEMAIRE account on which the transfer is to be made.
• by credit card (are accepted the cards of the network "CB", Visa, Eurocard / Mastercard, American Express). In this case the Customer's credit card is debited:
• upon shipment of the Order for all Orders, with the exception of Orders delivered by "store withdrawal";
• for orders delivered by « withdrawal in shop "At the time of the making available of the Order in the shop LEMAIRE chosen by the Customer:
When ordering by phone, the customer confirms to the Customer Service, that he is the holder of the credit card and that the name on this credit card to debit is his own. He then communicates, by telephone, the number and the expiry date appearing on the front of his credit card as well as the numbers of the visual cryptogram appearing on the back (or the front) of his credit card.
When placing an order on the internet, the customer guarantees to the company LEMAIRE, that he is the holder of the bank card and that the name appearing on this bank card to be debited is his own then communicates in a secure environment on Internet, the number and the expiry date appearing on the front of his bank card as well as the numbers of the visual cryptogram appearing on the back (or the front) of his bank card.
For any payment on the internet, a check will be made online at an organization. The latter will automatically store and process information relating to each order. The credit card details are part of this processing that takes place in a secure environment.
In order to fight against any fraud on the Internet, LEMAIRE implements a treatment related to the risk assessment and the prevention of payment fraud for online purchases. This treatment is carried out by the company « Shopify ".
All data collected are intended for the persons authorized to fight against fraud within the company LEMAIRE.
In the event that the debit of the sums due by the customer would be impossible for whatever reason, the sale made by telephone would be immediately resolved and the purchase process on the Internet would be immediately canceled.
ARTICLE 6 - DELIVERY AND RECEIPT
6.1 General rules
The items ordered by the Customer in accordance with the GCS are delivered to the address indicated by the Customer as delivery address on the Order concerned ("Delivery address"). All information regarding delivery terms is available from the Cart Validation Page. They are also before the payment of the order on the summary page of this one. The company LEMAIRE will not make any delivery if full collection of the price proves impossible.
LEMAIRE also offers delivery in a shop (delivery by "withdrawal in shop"
Delivery will only occur after payment of the order amount is recorded. In accordance with the Consumer Code, the delivery of the ordered items will take place within the time limits communicated by the company LEMAIRE, or failing this within a maximum period of 30 days from the day of the order (subject to full payment of the price).
6.2 Delivery methods
6.2.1 Delivery by "withdrawal in shop"
The " withdrawal in shop "Allows the customer to withdraw the ordered product in a shop of his choice from a list that will be proposed. The product will be within the deadline communicated by the company LEMAIRE or failing this, no later than 30 days after the order (subject to full payment of the price). As soon as the product is made available in the shop, the customer is immediately informed by email.
The customer has a period of 15 calendar days to come to withdraw his product in shop. For this purpose, the customer must present the order confirmation email as well as the credit card used for payment and a valid ID (with photo).
In addition, the Customer, by choosing this method of delivery, consents to a verification of his identity.
The purchased item will then be returned to the customer against the signing of a withdrawal order.
If the Customer decides to have the product withdrawn by a person of his choice, he will be asked to this person (mandated by the Customer) to bring :
• From his own ID
• From the customer's ID for which she has removed the item
• From the order confirmation email received by the customer
The Customer undertakes to inform any person he has appointed :
• The period of 15 days he has to pick up the item in store,
• Required documents that will be required for the withdrawal of the article to be made
• That this service implies a processing of personal data concerning this person in accordance with Article 12 of the GTC.
Once the period of 15 days expires from the sending to the customer by the company LEMAIRE the message informing him that his product is available, the sale will be resolved automatically. The customer will then be refunded the price of his order.
At the time of the delivery of the parcel, the customer or his representative will have to sign a delivery note of the order. This slip is proof of delivery by the company LEMAIRE and receipt by the customer or the recipient of the Order of the ordered items.
6.2.2 Delivery to a postal address
The package containing the items ordered and paid for is delivered by hand, to the exact address mentioned when placing the Order. All deliveries are made against signature in FEDEX delivery.
If delivery proves impossible given the absence of the addressee at the place of delivery, a notice will be left at the delivery address indicated by the customer and the carrier will make a new delivery attempt the next working day. In case of failure, a new passage will be made the next working day. If the delivery has finally been completed, the customer has five working days from the last passage of the carrier to contact the Customer Service before the items of his Order are returned to stock and the latter canceled and refunded.
6.3 Anomaly, damage, damaged package
The customer, or the recipient of the Order is invited to check the apparent condition of the package and items on delivery.
In case of anomaly relating to the parcel or the item (s) ordered (s) the Customer or his agent must imperatively follow the procedures described below.
Warning : Failure to comply with the appropriate procedure precludes any recourse against the carrier and the company LEMAIRE. Indeed, the customer can not claim any refund. The Customer or the recipient of the Order can not claim that the company LEMAIRE delivers the ordered items again if it does not follow the appropriate procedures.
The customer, or his agent, is asked to contact the Customer Service to find out how to return the damaged Order. A procedure will be communicated by the Customer Service, it must imperatively be followed by the Customer, failing which, the Customer will not be able to claim any refund or exchange of products causes
6.3.1 Procedures to follow when the package is damaged •
Delivery by "withdrawal in shop"
If at the time of delivery of the package the customer or the recipient of the Order notices an anomaly on it (damage, opening, trace of liquid), he may refuse the receipt.
In this case the LEMAIRE company will keep the package or package, notify the anomaly and refund the customer.
Delivery by FEDEX to a postal address:
If the customer or the recipient of the Order notices an anomaly on the parcel (damaged parcel, open parcel, liquid trace), he will have to write detailed handwritten reserves on the delivery note.
These reservations constitute a means of proof of the existence and extent of the damage.
The Customer or his agent must make sure to be precise and complete in their writing. He will not have to open the package.
The Customer, within a maximum period of fourteen (14) days after the reception of the parcel concerned, will have to bring its number of Order and the number of slip written at the bottom of the bar code to indicate the anomaly by email or to the Service customers, who will organize the collection at the Customer
6.3.3 Procedure to follow in case of missing or damaged article
Within a short period of time and a maximum period of 14 days after receipt of the package, the customer or the recipient of the order must report the absence or degradation of its product to customer service : +33 1 85 09 91 96 (price of a local call).
Customer Service may request any information relating to the identity of the customer or the recipient of the order and carry out any useful verification on this occasion.
6.4 Delivery times
Delivery times begin to run upon receipt of the order confirmation by email. Delivery times for orders to France are those announced when ordering.
Delivery times take into account the time of order and the working days of the country of destination.
Delivery times may, during the holiday season (from November 23 to December 31), be lengthened due to the strong activity of the company LEMAIRE at this time of the year. Nevertheless these delays can not exceed 30 days after the conclusion of the order.
ARTICLE 7: RIGHT OF WITHDRAWAL AND RETURN OF ARTICLES
In application of Article L. 221-18 of the Consumer Code, the customer has a right of withdrawal. The customer can thus exercise this right, without having to motivate it, within a period of 14 days from the receipt of the product by the Customer or his agent.
If the Customer has placed an order with multiple products, the withdrawal period does not begin until the customer or the designated third party has received the last product.
In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal can not be exercised for orders relating to:
• the supply of goods made to the client's specifications or clearly personalized;
• the supply of goods that have been unsealed after delivery and can not be returned for reasons of hygiene or health protection.
To notify the withdrawal decision, the customer may use the withdrawal form at the bottom of the GTC or any other unambiguous declaration. This request must be sent to Customer Service by email at the following email address : firstname.lastname@example.org The customer will receive an acknowledgment of receipt of his request for withdrawal, which will be sent by email and accompanied by a return slip ( a copy is also in the package received by the customer).
To return the items, the customer can:
• Benefit from a free pick-up service at the place of your choice (in Metropolitan France). For this purpose, the Customer must contact the Customer Service to arrange an appointment (date) for the removal of the item (s) by the company LEMAIRE. This abduction must take place no later than fourteen (14) days after the communication of the client's decision to retract
• Return the item (s) in the following shop: 28 rue de Poitou 75003 Paris, with the items delivered in their original packaging, complete (boxes, accessories, protections, labels, booklets, etc.) and accompanied by a copy of the invoice and the credit card used for the purchase, in order to proceed with the return.
• Return items by post. In this case, the customer must, within fourteen (14) days of the communication of its decision to retract, return the article concerned to the following address: E-commerce - 170 rue du Temple, 75003 Paris, France .
Whatever the method of return chosen, the refund will be made no later than fourteen (14) days after the date on which the customer has notified the company LEMAIRE its withdrawal (or, if the customer chooses to return items by lane within fourteen (14) days of the receipt by LEMAIRE of the returned items or the date on which the client provided proof of the shipment of the items, whichever is the earlier date ).
The reimbursement of the sums paid for the item (s) returned (s) will be made, depending on the method of payment of items, credit to the bank account of the Client corresponding to the credit card used for payment, via PayPal or by transfer to the Customer's bank account.
Pursuant to Article L.221-24 of the Consumer Code, additional costs paid by the customer and linked to the choice of a specific delivery method will not be reimbursed.
No refunds will be made in the shop except for the case of exchanges for a product of lower value in the case where the Order has been paid by credit card and under the conditions envisaged in article 9. Moreover, in the case of a gift, the right of withdrawal remains the exclusive benefit of the Customer and can in no case be exercised by the recipient of the gift.
Whatever the method of return chosen the Customer must return the items delivered in their original packaging, complete (boxes, accessories, protections, labels, booklets, etc.) and accompanied by the return form duly completed and a Copy of the bill.
If the returned product is incomplete, deteriorated, soiled, or in a condition that reasonably suggests that it was used or worn, it may not be refunded or exchanged.
ARTICLE 8: EXCHANGE
LEMAIRE also offers its customers the opportunity to exchange the product ordered under the following conditions :
Only the customer having made a payment by credit card will be able to exchange the article delivered for an article of a lower price.
For all other payment methods, the exchange can only be made against an item of equal or greater price .
The Customer may, according to his choice, within thirty days (30) following the delivery date:
• Or proceed to the remote exchange. In this case, the Customer may call the Customer Service and Agree the removal offered articles on the place of his choice (in Metropolitan France) by LEMAIRE,
• Return the items delivered in their original packaging, complete (boxes, accessories, protections, labels, booklets, etc.) and accompanied by the duly completed return form and a copy of the invoice, to the following address: . In the latter case, the cost of returning the item will be borne by the Customer. It will be up to the Customer to arrange the proof of this return, which supposes that the articles will have to be returned by registered delivery, or by any other mean giving certain date, the expenses of return remaining with the load of the Customer. Any new delivery will be able to intervene only from the reception by the company LEMAIRE of the articles returned by the Customer.
• Either present yourself in the shop of the following company LEMAIRE: 28 rue de Poitou, 75003 Paris, with the articles delivered in their original packaging, complete (boxes, accessories, protections, labels, booklets, etc.) and accompanied by a copy of the invoice and the credit card used to pay for the purchase (or the payment confirmation email sent by Paypal), in order to proceed with the exchange.
If the returned product is incomplete, deteriorated, soiled, or in a condition that reasonably suggests that it was used or worn, it may not be refunded or exchanged.
These products will be returned to the Customer by post in the case of a remote exchange.
The exchange will be refused in case of presentation in shop. Thus, with regard to shoes, the sole must also be intact: as such, it is strongly recommended to try LEMAIRE shoes on a carpet or rug type surface. In case of exchange of items, the initial sale will be resolved.
The payment of the new sale will be made by compensation with the amount of the previous sale.
After exchange of the product, and as part of a payment by credit card, if there is an overpayment, the credit card of the customer will be subject to a re-credit.
In the case of a gift, the recipient of the gift may exercise his right to exchange. However, in the context of a remote exchange via the customer service of the company LEMAIRE, no refund can be made on behalf of the recipient of the gift in case of price difference.
In case of exchange of items via the Customer Service, the new sale will be subject to the Terms.
As part of the commercial exchange policy proposed under this article, LEMAIRE reserves the right to refuse an exchange beyond two (2) successive requests. In addition, delivery charges paid by the customer, if any, will not be reimbursed.
ARTICLE 9: COMPLIANCE - GUARANTEE - AFTER-SALES SERVICE
In accordance with Articles L217-4 and following of the Consumer Code, all items for sale on the website of the company LEMAIRE benefit from the legal guarantee of conformity. Furthermore the provisions of articles 1641 and following inherent in the guarantee against latent defects are applicable. The Customer can therefore return the delivered items that are defective or non-compliant at no cost.
9.1. Legal guarantee of conformity
Article L217-4 of the Consumer Code provides that: "The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility. "
In accordance with Article L211-5 of the Consumer Code, to comply with the contract the property must :
• Be fit for the usually expected use of a similar good and, where appropriate
• Correspond to the description given by the seller and possess the qualities that he has presented to the Customer in the form of a sample or model;
• Present the qualities that a buyer can legitimately expect for this type of product
• Or have the characteristics defined by mutual agreement by the parties or be suitable for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods as provided for in Article L211-12 of the Consumer Code.
He can choose between the repair or the replacement of the article, subject to the conditions of cost envisaged by the article L. 217-9 of the code of consumption;
The guarantee of conformity is a legal guarantee, it thus applies independently of any commercial guarantee possibly granted by the company LEMAIRE.
9.2 Warranty against hidden defects
Article 1641 of the Civil Code provides that: "The seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which diminish so much this use, that the buyer would not have acquired it, or would have given a lower price, had he known them. "
Article 1648 of the Civil Code stipulates that: "The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect ".
In the framework of the legal guarantee of latent defects, the company LEMAIRE, according to the choice of the Customer, undertakes, after evaluation of the vice:
• Either to refund the full price of the returned item,
• Or to refund part of the price of the item if the customer decides to keep the article.
In this case, he can choose between the resolution of the sale or a reduction of the selling price in accordance with Article 1644 of the Civil Code.
These provisions are not exclusive of the right of withdrawal defined in Article 8 above.
9.3 Exclusion of guarantees
The articles modified or repaired by the Customer are excluded from warranty. In the same way the guarantee will not play for apparent defects in application of article 1642 of the Civil Code. Finally, the warranty will not support items damaged during transport or due to misuse.
9.4 Consequence of the implementation of the guarantees
In the framework of the legal guarantee of conformity, the company LEMAIRE, engages with the choice of the customer:
• Or to replace the article with an identical article according to available stocks,
• Either to refund the price of the article if the replacement of an article proved impossible.
Within the framework of the legal guarantee of latent defects, the company LEMAIRE, according to the choice of the customer, engages, after evaluation of the vice:
• Either to refund the full price of the returned item,
• Or to refund part of the price of the item if the customer decides to keep the article.
ARTICLE 10: CLAIMS - INFORMATION
For any information, complaint or question concerning the GSC or the articles themselves, the Customers must contact the Customer Service of the company LEMAIRE by phone: +33 1 85 09 91 96 (price of a local call), or on the Site via the "Contact" form, recalling their Order number if applicable.
ARTICLE 11: PERSONAL DATA
Pursuant to the GENERAL RULES FOR THE PROTECTION OF PERSONAL DATA (RGPD) the customer accepts that his personal data can be collected on the site of the company LEMAIRE which acts as controller in the sense of 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 the free movement of such data.
LEMAIRE undertakes to protect and ensure the security and confidentiality of its customers' personal data in accordance with the RGPD, in particular by taking all necessary precautions to prevent this data from being distorted, damaged or unauthorized third parties having access to it .
In particular, the personal data of the customers can be transmitted to the service providers and contractual partners who, as subcontractors in the sense of the RGPD, intervene and contribute directly to the management of the orders and for which it is absolutely necessary to access the data personal details provided by the customer when creating and using his account (identity, postal address, telephone number, email address). Subcontractors can only act on instructions from LEMAIRE
The personal data of the customers are collected for the following purposes:
• Order management and customer relations;
• Customer information relating to offers and commercial information related to the brand;
• Strengthening and improving the communication of the Website and the brand by sending, in particular, newsletters and special offers according to the preferences of the customer found on the site;
• Improvement and customization of services offered to customers ;
• Compliance with legal and regulatory obligations.
• The personal data of the customer are kept only for the period strictly necessary for the purposes previously set out.
According to the RGPD, the customer has a right of access, rectification and opposition to his personal data.
For any exercise of one or more Rights and Freedoms, the customer must send a request by email or mail to the customer service of the company LEMAIRE, by filling out the contact form located on the site.
Each request must be signed and accompanied by a photocopy of an identity document bearing the client's signature and specify the reply address.
The response to the request made on the basis of one or more Computer Rights and Freedoms will be sent within 2 months of receipt of the request.
The client may, in accordance with the RGPD, give instructions as to the use of his personal data to define how he intends to be exercised, after his death, the Computer Rights and Freedoms in accordance with the RGPD.
Finally the Customer is informed that he has the opportunity to oppose any solicitation by writing to the following address and indicating his last name, first name, e-mail address and customer references : Opposel Company, Bloctel service, 6 rue Nicolas Siret 10000 Troyes
ARTICLE 12 - RESERVATION OF PROPERTY
The LEMAIRE company retains the full ownership of the items sold until the full collection of the full price, in principal, costs, taxes and mandatory contributions included.
ARTICLE 13: INTELLECTUAL PROPERTY RIGHTS
The "LEMAIRE" mark, as well as all the figurative marks or not and more generally all the other brands, illustrations, images and logos appearing on the LEMAIRE articles, their accessories or their packaging, whether registered or not, are and will remain the exclusive property of LEMAIRE.
Any total or partial reproduction, modification or use of these marks, illustrations, images, logotypes, or any combination or conjunction with any other mark, symbol, logotype and more generally any distinctive sign intended to form a composite logo, on any support that this or, without express and prior agreement of the company LEMAIRE, is strictly prohibited.
It is the same for all copyrights, designs and models, patents that are owned by the company LEMAIRE.
The use of all or part of the Site, including downloading, reproduction, transmission or representation for purposes other than personal and private use for a non-commercial purpose is strictly prohibited.
Any violation of these provisions exposes its author to the penalties provided by the Civil Code in its articles 1240 and following (civil liability) and the Intellectual Property Code in its articles L335-1 and following (infringement of copyright), L716 -1 and following (trademark rights).
In addition, the creation of a hypertext link to the website of the company LEMAIRE, can only be done with the agreement of the company LEMAIRE.
This agreement may be revoked at any time.
Sites with a hypertext link to the online store or to which the online store could return are not under the control of the company LEMAIRE, therefore the company LEMAIRE declines all responsibility (including editorial) regarding the access and the content at these sites.
ARTICLE 14 - SIGNATURE AND PROOF
The company LEMAIRE works to protect the personal information of its customers by ensuring a high level of security.
The customer also has a role to play in the protection of his personal data. In particular, he must maintain the security of his online transactions by not communicating to anyone his username (e-mail address) and / or his password and by changing his password regularly.
Therefore, the company LEMAIRE can not be responsible for the disclosure of information about the customer to any individual who has used his identifier (e-mail address of the Customer) and / or his password.
Warning : the use of the identifier (e-mail address of the Customer) and / or the password of the customer will be proof of his identity, and payability, validation of the order, sums.
The company LEMAIRE declines any responsibility in case of fraudulent use of this information.
The provision of the credit card number and the final validation of the order will be proof of the acceptance of said order and also the payment of the sums incurred by the seizure of the items appearing on the Order.
The computerized registers kept in the computer systems of LEMAIRE and its partners will be considered as proof of communications, orders and payments between the Parties.
ARTICLE 15: FORCE MAJEURE
Pursuant to Article 1218 of the Civil Code, LEMAIRE will suspend any performance of its contractual obligations in the event of a case of force majeure.
LEMAIRE will inform the Customer within seven (7) days of its occurrence. If this suspension continues beyond a period of fifteen (15) days, the customer would then have the opportunity to cancel the order in progress, and it would then be refunded.
ARTICLE 16: DISPUTES - APPLICABLE LAW
If you encounter a problem relating to a Product, our Site or any other service of the company LEMAIRE related to the Site or a Product, please contact our customer service at the following address : email@example.com
In the event that your problem is not solved, in accordance with the provisions of the Consumer Code concerning "the process of mediation of consumer disputes", you have the right to free use of a mediation service.
Electronic link to the Online Dispute Resolution Platform (RLL): https://ec.europa.eu/consumers/odr/main/index.cfm
LEMAIRE has signed a framework agreement with the Medicys mediation body allowing it to arbitrate disputes out of court. This mediation body can be reached:
• By electronic means: www.medicys.fr
• By post: MEDICYS - Center of mediation and amicable settlement of the judicial officers - 73, Boulevard de Clichy, 75009 Paris
The dispute can only be examined by the consumer ombudsman when:
• The Customer justifies having tried, beforehand, to resolve his dispute directly with the Seller by a written complaint.
• The Client has submitted his request to the mediator within less than one year from his written complaint to the Seller.
The request must not be clearly unfounded or abusive. Finally, if the dispute has already been examined or is under consideration by another mediator or by a court, or if it does not fall within its jurisdiction, the mediator will have to reject the Client's request. In the event that his request is not admissible, the Client is informed by the mediator of the rejection of his request for mediation, within a period of three weeks from the reception of his file.
(Please complete and return this form only if you wish to withdraw from the contract). - For the attention of Customer Service of LEMAIRE Company at the following email address: firstname.lastname@example.org
I / We [*] hereby notify you [*] of my [*] retraction of the contract for the sale of the property below:
- Well ___ [reference] _____________
- Ordered on [*]
- received on [*]: ______________
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only in case of notification of this form on paper)
- Date [*] Delete what is not needed.