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    LEGAL NOTICE

     

    EDITOR:
    CHRISTINE LOMBARD SAS
    Joint stock company with a capital of 150,000 euros
    Registered with Trademark and Hauts de Seine Companies under number 811 908 680.

    TVA number: FR 83 811 908 680. CNIL: n°1946776 v0
    Headquarters: 83 avenue Victor Hugo, 92100 Boulogne Billancourt. FRANCE
    Phone: +33 (0) 6 16 15 30 48
    Publishing Director : Christine Lombard.
    ACCOMMODATION OVH 2 Kellermann Street
    59100 Roubaix France

    PHOTO CREDITS
    Christophe Gstalder, André Carrara, Olivier Jacquet, Thierry Legay, Christophe Cufos.
    TRANSLATION
    Samantha Marin, Marie Guillon, Léopold Guillon, Marie Laure Leloup


    Disclaimers : The information on this website is carefully checked and regularly updated. However, there is no guarantee that the information is complete, correct and current. All data can be deleted or modified at any time without any preceding notice. Despite careful content control, we can not be held responsible for the material within external links. christinelombard.fr is not responsible for the content of external websites which are linked to the site christinelombard.fr

     

    TERMS AND CONDITIONS OF SALE - SAS CHRISTINE LOMBARD

     

    SAS Christine Lombard is registered at Hauts de Seine trade register under the number 811 908 680. Its head office address is 83 avenue Victor Hugo, 92100 Boulogne Billancourt and its email address is cl@christinelombard.fr. Every order of a product from the e-shop of the trading website www.christinelombard.fr means consultation and previous acceptance of the present Terms and Conditions of Sale. The click of validation implies the complete agreement of these Terms and Conditions of Sale. This click represents an electronic signature.

    Article 1 - Definitions

    “Customer” refers to any person who navigates, orders and/or buys a product on the website.

    “Product” refers to any product proposed for sale on the website.

    “Website” refers to the infrastructure developed by SAS Christine Lombard under Internet protocol using various type of data particularly text, sounds, images, videos, data bases, designed to be consulted by the Internet user in order to know its products and services.

    Article 2 – Scope of application

    These Terms and Conditions of Sale are the rules for the sale of any product from the website www.christinelombard.fr.

    The orders placed on the website www.christinelombard.fr can only be made by non-trading natural persons who are at least 18 years of age and have the status of consumers and full legal capacity.

    The parties agree that their relation will only be governed by this contract. Any opposite condition proposed by the customer will be ignored by SAS Christine Lombard, unless otherwise agreed by SAS Christine Lombard, regardless of the moment it has been brought to its notice.

    These Terms and Conditions of Sale have been updated on the 20th of October 2016. This version cancels and replaces any former version.

    The present Terms and Conditions of Sale shall be governed by French law, which shall apply to both rules of substance and rules of form. Only the French version of the present Term and Conditions of Sale may be used as evidence against SAS Christine Lombard.

    Article 3 - Purpose

    These Terms and Conditions govern the parties right and obligations with respect to online sales of products offered on the website.

    Article 4 - Offer

    Products may only be supplied within the limit of stocks available. They will be send at the delivery address that you have indicated during the purchase. The proposed products are described and presented as accurate as possible. In case of doubt, or if you want more information, you can contact SAS Christine Lombard by email. If, despite of all these precautions, any mistakes or omissions are made, the liability of SAS Christine Lombard cannot, in any case, be committed for this fact.

    The photographs and texts presented to illustrate the products are not contractually binding. SAS Christine Lombard may not be held liable for any errors in particular of a typographic nature, or for any colour differentials between onscreen images and reality.

    SAS Christine Lombard reserves the right to change, at any time and without advance notice, the products proposed on the website.

    During the Sales period or private offers, no exchange or refund will be accepted.

    Article 5 - Purchase

    You can purchase online using the online catalogue on the present website.

    Wishing to place orders, you must complete the form provided, supplying in particular the information needed for the treatment of your request. At the end of this operation, a summary page will allow you to correct eventual mistakes and you will have the choice between “Pay” or “Cancel” your purchase. You will be directed to the secure payment site PayPal where you will be able to pay your purchase. It is specified that in no way, the client bank details transit in the SAS Christine Lombard’s computer system. Once you have confirmed your purchase, you are presumed to have accepted the GTCS, the prices of the products, the content of your order and the delivery address and no cancelation can be done. An email will be send to you to confirm that SAS Christine Lombard has taken the purchase into consideration.

    These General Terms and Conditions are systematically reported to you while you do the purchase. All purchases imply the irrevocable adhesion of the General Terms and Conditions, the acceptation of the prices and the description of the products available in the sale.

    SAS Christine Lombard commit itself to honour the order received on the website only in the limits of the available product stocks. In case the product is no longer available, SAS Christine Lombard will inform you in the shortest delay, and you will be able to ask for the cancelling and the refund or the exchange of the purchase. SAS Christine Lombard has the right to refuse a client’s purchase in case of being in dispute with the latter about a previous purchase, or if SAS Christine Lombard rationally estimates that this client has infringed the general Terms and Conditions, or if he is engaged in a fraudulent activity, or for all other legitimate motif.

    A confirmation email with the contractual information will be sent at the address indicated by the client during the purchase order.

    Article 6 - Proof of the transaction

    The data base, kept in SAS Christine Lombard IT system with reasonable conditions of security, are considered as evidence of communication, purchase and payments operated between the parts.

    Purchase orders and sale receipts filing is done by a reliable and long-term support, which can be used as evidence.

    Article 7 – Product information

    All efforts have been done to ensure the exactitude of the information presented on www.christinelombard.fr . However, SAS Christine Lombard or its suppliers are not responsible for the consequences, incidents, and special damage resulting from the electronic transmissions or the exactitude of the transmitted information even in the case where SAS Christine Lombard may have the knowledge of these potential damages. The pictures, descriptions and product prices are not contractual.

    Article 8 – Prices

    The prices are presented in euro including all taxes, without the delivery costs, which remain at your expense, except for special conditions.

    SAS Christine Lombard retains the right to change prices at any time. The products will be charged on the basis of the current tariff at the moment of the purchase registration.

    Article 9 – Methods of payment

    The price of the purchase is payable immediately at the time the order is taken.

    SAS Christine Lombard accepts only credit card payments. The credit cards accepted are Blue Card, Visa, MasterCard, and American Express.

    The credit card payment is done online using the secured system PayPal. The bank details are encrypted (security norm ssl) and do not circulate uncoded on our Internet network. You will communicate your name, your card number, its expiration date and its cryptogram. You will acknowledge that the information communication regarding your payment card and the order’s final approval will be evidence, in accordance with the law of the 13 March 2000 about the electronic signature, of the totality of the order and the debit authorisation of your bank account to the profit of SAS Christine Lombard, at the rate of the total amount, fees included.

    The purchase expedition will be done from the moment your account is debited to the profit of SAS Christine Lombard. If so, unless fraudulent use, the payment is irrevocable.

    No sale receipt is automatically sent with the delivered articles.

    The order products remain exclusive property of SAS Christine Lombard until the total encashment of the price amount.

    Article 10 - Delivery

    The products are delivered at the address indicated by the customer on the purchase order only in the geographic location that we provide service to : metropolitan France and Europe.

    SAS Christine Lombard won’t fill orders for which the postal box or a Cedex address is given.

    The client is informed that delivery fees are at his expense in addition to the price of the product. They will be specifically indicated in the purchase summary and in the confirmation email.

    The delivery will be done according to the delivery method chosen by the client in his order and depending of the delivery country and the charge proposed by the transporter.

    The client will be informed in the purchase confirmation of the delivery rate proposed by the transporter.

    For the deliveries in metropolitan France and in the European community, they will be delivered to the client by the transporter Colissimo, Chronopost or any other provider competitor.

    All the products leave our premises in perfect state. The client must inform the transporter of any impact on the package (holes, …), and if so, has the right to refuse the package. A new and identical product will be sent without any fees.

    The exchange of any products declared, at posteriori, damaged during the transport, without any report done at the package reception moment, won’t be taken in charge.

    As with every shipping, a delay or a product loss is possible. In that case, we will contact the transporter to begin an investigation. All the efforts will be done, as long as necessary, to find the package. If not, the merchant will be refund by the transporter and he will deliver a new identical product without any fees.

    We decline all responsibility for the prolongation of the delivery timeline due to the transporter, particularly in case of loss of the product, bad weather or strikes.

    Article 11 - Delivery problem due to the transporter

    All anomaly concerning the delivery (damage, missing product from the delivery note, damaged package, damage products…) must be indicated on the delivery note under the form of “handwritten reserve”, followed by the client’s signature.

    The customer must also confirm this anomaly by addressing to the transporter during the next two (2) working days after the delivery date a registered letter with acknowledgement of receipt exposing the complain requested.

    The consumer must also send a copy of the letter to SAS Christine Lombard, 29 rue du Maréchal Gallieni, 78000 Versailles. Without this acknowledgement, we won’t operate any change.

    Article 12 - Delivery errors

    The customer must formulate at SAS Christine Lombard, the same day or the next working day after the delivery, any reclamation of delivery mistake and/or non-conformity in kind or in quality of the products in accordance with the indications figuring in the purchase order.

    Beyond this delay, any claim will be rejected. The formulation of this claim to SAS Christine Lombard can be done to SAS Christine Lombard, 29 rue du Maréchal Gallieni, 78000 Versailles. Any claim not following the rules reported above and in the allocated time won’t be considered and it will clear all responsibilities of SAS Christine Lombard in relation to the consumer.

    In case of delivery mistake or exchange mistake, all products to exchange or to refund must be given back to SAS Christine Lombard as a whole and in its original package in perfect state to SAS Christine Lombard, 29 rue du Maréchal Gallieni, 78000 Versailles.

    To be accepted, all return must be reported and must have SAS Christine Lombard’s prior agreement, which in case of agreement will send back the package to the correct address.

    The shipping fees are at SAS Christine Lombard expense, except in the case where the product doesn’t correspond to the original declaration done by the consumer in the common sense of return.

    Article 13 - Legal guarantee

    All the Products are covered by the legal compliance guarantee provided for in the French Consumers’ Protection Code, as well as the Civil Code guarantee concerning hidden defects, providing that the use was normal and that the care advice was followed.

    Article L211-4 of the French consumers’ code : vendors are required to deliver items that comply with the relevant contract, and shall be answerable for any non-compliance that exists when the items are handed over. It is also answerable for any non-compliance arising from packaging, and for instructions regarding assembly or installation if said instructions are required of it under the terms of the contract or are produced under its responsibility.

    Article L211-5 of the consumers’ code: in order to comply with the provisions of the relevant contract, the item must :

    1) be fit for the purpose generally intended for an item of this kind and, if applicable :

    - correspond to the description provided by the vendor and possess the qualities presented by the vendor to the purchaser in the form of a sample or model ;

    - possess the qualities that a purchaser may legitimately expect in view of the public statements made by the vendor, by the producer or by its representative, in particular in the form of advertising or labelling.

    2) or possess the characteristics defined by joint agreement between the parties, or be suitable for any specific use required of it by the purchaser, of which the vendor has been notified and has accepted.

    Article L211-12 of the consumers’ code : there is a two-year time limit - counted from the day the item is handed over - for legal action on the grounds of non-compliance.

    Article 1641 of the French civil code: the vendor is guarantor of quality with regard to latent defects in the item sold that render it unfit for the purpose intended for it, or which reduce the utility of it in this area to such an extent that the purchaser would not have acquired it, or would not have paid as much for it, had he or she been aware of these defects.

    Article 1648 section 1 of the civil code : legal action on the grounds of redhibitory defects must be initiated by the purchaser within two years of discovery of said defect.

    SAS Christine Lombard won’t be responsible to its client if he has been restrained or delayed from the accomplishment of his duties in the application of these Terms and Conditions, by anything that the client (or someone acting on his behalf) might have done or failed doing, because of an event beyond SAS Christine Lombard’s reasonable control.

    SAS Christine Lombard responsability in accordance with these Terms and Conditions can’t exceed 100% of the product(s) price ordered by the client on www.christinelombard.fr in addition to the products delivery costs to the indicated address.

    SAS Christine Lombard rejects any declaration, warranty, condition (expressed or implied, provided by the law, by operation of case law or any further way) when allowed by the law. SAS Christine Lombard accepts no responsability in case of loss or damages that can’t be envisaged in a reasonable way, and which directly or indirectly arise from these Terms and Conditions or from the website usage.

    Except if required by the law, SAS Christine Lombard can’t be responsible to anyone for loss or damages arising from the use of any content or information published on the website or the reliance granted to this content or information.

    SAS Christine Lombard can’t be responsible for fees applied by the client credit card issuer or, by its bank due to the payment treatment by credit/debit card by SAS Christine Lombard ( or/and Paypal service) as required during the order.

    Article 14 – Withdrawal period

    The right of withdrawal is only applicable to the physical persons.

    In accordance with the articles L. 121-21, the customer has 14 calendar days as from receipt of the package in which to return, at his fees, the products that don’t fit. All return must be reported beforehand to the customer service of SAS Christine Lombard. The product must be returned to SAS Christine Lombard, 29 rue du Maréchal Gallieni, 78000 Versailles.

    Only the product send in their totality, in their original and intact package, in perfect state of resale will be accepted. All products that have received damages, or that the package is worsen, won’t be refund, accepted or exchanged. This right of retraction is done without penalties, except the sending and return fees. In the event of the exercise of retraction right, the customer has the choice between the refund of the amount paid, or the exchange of the product. In the case of an exchange, the customer will pay the new expedition fees. In case of the exercise of the retraction right, the SAS Christine Lombard will do all the efforts to refund the customer in the fourteen (14) days delay.

    Article 15 – Intellectual property

    All the content published or available on the website (drawings, models, illustrations, texts, pictures, logos, brand) are exclusive property of SAS Christine Lombard, of their licensor and of the suppliers of images. Any other reproduction, integrally or in parts, from content of the website is systematically subject to the authorization of SAS Christine Lombard.

    Any person disposing a personal website and that want to, for a personal use, put a link sending to SAS Christine Lombard’s website must beforehand ask for the permission by a written way. In any circumstance, any non-authorized link must be removed by SAS Christine Lombard’s simple request.

    Article 16 - Force majeure

    None of the parts will have failed their contractual obligation when the execution will be delayed, hampered or barred by any major force case. Will be considered as a major force case any fact or irresistible circumstance, outside the parts, unpredictable, inevitable, independent of the parts’ will and that can’t be prevented by the parts, despite all the possible reasonable efforts. The part concerned by these circumstances must notify the other part in the ten (10) working days after the knowledge of it. The two parts will then draw near, in a three months delay, except an impossibility of major case, to review the event’s incidence and agree for the conditions in which the contract execution will continue. If the major force case has a period superior of one month, the existing general conditions will be able to be cancelled by the parts.

    In a express way, are considered as major force case or fortuitous case, beside the ones that are retained by the case law from the courts and French tribunal : the freeze of the means of transport, fire, storms, flooding, thunderbolt, the stop of the telecommunication networks or the difficulties of the telecommunication outsides the clients ones.

    Article 17 - Invalidation of a clause

    In the event of one or more clauses of the present General Terms and Conditions of Sale being deemed invalid or being declared invalid by application of a law or regulation, or following a definitive ruling by a court holding jurisdiction in the matter, the other stipulations shall retain their full force and effect, with the invalid stipulation being replaced with the closest valid stipulation designed to produce the result intended by the parties.

    Article 18 - Non renunciation

    Should either of the parties fail to object to a failure by the other party to fulfil any of the obligations set out in the present General Terms and Conditions of Sale, this may not subsequently be interpreted as a renunciation of the obligation concerned.

    Article 19 – Applicable law and settlement of disputes

    The present General Terms and Conditions of Sale shall be governed by French law, which shall apply to both rules of substance and rules of form. Only the French version of the present General Terms and Conditions of Sale may be used as evidence against SAS Christine Lombard. In case of a dispute or a claim, the customer shall address himself in priority to SAS Christine Lombard in order to seek an amicable solution.

    Article 20 - Protection of personal data

    The personal information collected on the Website by SAS Christine Lombard will only be used for the purposes of processing the Customer’s order. In compliance with the French data protection law 78-17 of 6 January 1978, the processing of personal information collected on the Website has been the subject of a declaration to the CNIL (Commission Nationale de l’Informatique et des Libertés, or national commission on information technology and civil liberties) under the reference number 1946776v0. The Customer has a right of access, rectification, deletion and opposition relating to his personal data.

    Article 21 – Duration

    The present General Terms and Conditions of Sale will apply during the period that SAS Christine Lombard provides its online e-shop.