Terms of sale
PREAMBLE
The Seller is engaged in e-commerce and offers an online service for the sale of Products on www.lelabostore.com website. The present terms and conditions (hereinafter referred to as the "Terms") are exclusively reserved for consumer and non-professional Buyers.
ARTICLE 1 – DEFINITIONS
The terms used in these Terms and Conditions shall have the meanings set out below :
Buyer : natural person acquiring Products through the Site Seller : SARL LE LABO, 17 Rue Sauniere, 26000 Valence, France, +33 4 82 39 89 76, support@lelabostore.com. N°siret : 808420293 00025 ; NAF : 4771Z. TVA intracommunautaire : FR 58 808420293.
ARTICLE 2 – PURPOSE
The purpose of the Conditions is to define the rights and obligations of the Seller and the Buyer in the context of the sale of Products via the Site.
ARTICLE 3 – SCOPE OF APPLICATION
The Conditions apply to all sales of Products by the Seller to the Buyer, made through the Site. www.lelabostore.com reserves the right to adapt or modify these general conditions of sale at any time. In the event of modification, the general terms and conditions of sale in force on the day of the order will be applied to each order. An Order will only be taken into account by the Seller after prior acceptance of the Conditions by the Buyer.
ARTICLE 4 – ORDERING
The Buyer places an Order via the Site. All contractual information is presented in French and English and will be confirmed at the latest at the time of delivery.
Article 4.1 : ORDER VALIDATION
The Purchaser declares that he/she has read the Terms and Conditions prior to placing his/her Order and acknowledges that validation of his/her Order implies acceptance of their terms. The Buyer further acknowledges that the Conditions have been made available to him/her in a manner enabling them to be preserved and reproduced, in accordance with article 1369-4 of the French Civil Code. In order to place an Order, the Buyer must provide the Seller with personal data and complete an online form accessible from the Site. Until the final stage, the Buyer will be able to return to the previous pages and correct and modify his/her Order and the information previously provided. A confirmation e-mail, acknowledging receipt of the Order and including all this information, will then be sent to the Buyer as soon as possible. The Buyer must therefore provide a valid e-mail address when filling in the identity fields.
ARTICLE 4.2 : OFFER VALIDITY, PRODUCT UNAVAILABILITY
The offers presented by the Vendor on the Site are valid as long as they are visible on the Site, within the limit of available stocks. The photographs and descriptions of the products are given as an indication, and may undergo slight modifications without our liability being incurred or the regularity of the sale being challenged. On receipt of your order, we will check the availability of the product(s) ordered. In the event that a Product ordered by the Buyer is unavailable, the Vendor undertakes to inform the Buyer by e-mail as soon as this unavailability is known. In the event of unavailability, we undertake to offer either an exchange or a refund within 30 days of validation of the order. If one of the products in your order is out of stock, we will ship the rest of your order.
ARTICLE 5 – PRICES, PAYMENT AND TAXES
The prices of the Products indicated on the Site pages correspond to prices including VAT and excluding participation in logistical preparation and shipping costs.
Please note, however, that Le Labo Store ships all its packages by DAP (Delivery at Place). In some cases, the carrier may contact you to ask you to pay an import tax. Indeed, each country has a different policy in terms of import fees, so this tax is specific to each country and we are not able to calculate its amount in advance, which is why it is not included in our prices. If you do not wish to pay this tax, you must contact the carrier to refuse the parcel. It will then be returned to us and we will reimburse you less the initial shipping costs.
The Seller reserves the right to modify the prices of the Products presented on the Site.
However, the Products will be invoiced to the Buyer on the basis of the prices in force at the time the Order is validated.
Article 5.1 : TERMS OF PAYMENT
Payment for the Order shall be made : - By credit card: payment is made via a secure bank server at the time the order is placed. This means that no banking information concerning you is transmitted via www.lelabostore.com website. Payment by credit card is therefore perfectly secure; personal information transmitted from www.lelabostore.com website to the processing center is protected and encrypted by the SSL (Secure Socket Layers) system; your order will therefore be recorded and validated as soon as payment is accepted by the bank. Payment by credit card cannot be cancelled. Payment of the Order by the Buyer is therefore irrevocable, without prejudice to the Buyer's right to retract or cancel the Order at a later date.
Article 5.2 : OWNERSHIP TRANSFER
The transfer of ownership of the Product to the Buyer does not take place until full payment of the price has been received by the Vendor. However, upon receipt of the order by the customer, the risks of the goods delivered are transferred to the customer.
Article 5.3 : PAYMENT PAYMENT
Le Labo reserves the right to refuse to make a delivery or to honour an order from a consumer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.
ARTICLE 6 – DELIVERY
SARL LE LABO ships all its parcels via DHL. The cost of shipping is calculated according to the destination, and is automatically communicated to you when you validate your basket, and is included in the total price of your order. However, if the shipping address entered is far from DHL's area of activity, the carrier may charge us an additional “Remote Area” fee when creating the packing slip. If this is the case, our support department will contact you to pay the difference and confirm shipment of the order. The Product will be delivered to the address indicated by the Buyer in the form filled in when placing the Order. All delivery times are calculated in working days. The Vendor undertakes to process the Order within thirty days from the day following the validation of the Order. If the shipping time is exceeded, the order may be cancelled if it is not shipped from our warehouses. To do this, simply contact our Customer Service department. If you receive the parcel, refuse it and request a refund from our Customer Service department. As soon as we have confirmation of the return of your parcel, we will reimburse you within 15 days. The times indicated are average times and correspond to the time required to process, prepare and dispatch your order (warehouse departures). They start as soon as the order is validated. To this period must be added the carrier's delivery period. Products always travel at the risk of the recipient, who in the event of delay, damage or shortage must take recourse against the carrier or make the necessary reservations with the carrier to enable this recourse to be exercised. If the Product is delivered after the Order has been cancelled, reimbursement will be made upon receipt by the Vendor of the Product in its original condition. The return of the Product and the reimbursement of the Buyer will take place under the conditions set out below in article 7 "Cancellation - Retraction - Refund".
ARTICLE 7 – CANCELLATION, RETRACTION, REFUND
Article 7.1 : RETURN RIGHTS
Procedure and general conditions : In the interests of identification and therefore optimal processing of returns, any product requiring a return must be the subject of a return request to our services, failing which it will be refused. The time you have to contact our customer service department depends on the reason for the return. The return request must be made to our customer service support@lelabostore.com Confirmation of receipt of the return request will be sent to you by e-mail. Upon receipt of this confirmation, you have 15 days to return the product. After this period, your return will be refused. We advise you to return your order by Colissimo with tracking. Otherwise, if the parcel sent by you and returned to us does not reach us, you will not be able to launch an inquiry with the postal services to ask them to locate it. Please note that we are not responsible for parcels not sent by us. Only the sender of the package is able to launch an inquiry with the postal services. In order to process your request correctly, please remind us of your order number and full contact details. Please note: On receipt, our services will check the conformity of the returned product and the reason for return. If the returned product is not in conformity, it will be refused by our services and sent back to you, at your expense. If your return is made for the wrong reason, your product may be refused and sent back to you at your expense. The reason for return may be changed. You will then be informed by e-mail and your return will be processed according to the new reason.
(Any return involving customs clearance fees will be automatically refused, and the buyer will have to pay for the costs, or the parcel will be reshipped).
For pre-sales (pre-orders), all purchases are final and cannot be subject to refund or exchange.
Article 7.2 : RETURN RIGHTS FOR RETRACTION
From the date of receipt of the Product by the Buyer, the latter has a 14-day right of withdrawal, allowing him/her to return the delivered Product without having to justify any particular reasons. If the Buyer makes use of this right of withdrawal within 14 clear days of receipt of the Product, the Vendor undertakes to reimburse the Buyer without delay and at the latest within thirty days of the date on which this right was exercised. ATTENTION: No retraction will be accepted if the returned product is unfit for resale. Consequently: - The product must be returned in perfect condition, in its original packaging, undamaged and unmarked. The product must be accompanied by all accessories. Failing this, the product will be returned to you at your expense. Return postage costs will be borne by the Buyer. To exercise this right, the Purchaser must first contact support@lelabostore.com. Confirmation of receipt of this return request will be sent by e-mail.
Products purchased in the "sale" collection cannot be returned or exchanged.
Article 7.3 : RETURNS FOR REFERENCE ERRORS
You have 15 days in which to inform us that the product you have received is not the product you ordered: reference error, problem of size, color, characteristics, completely different product, defective... so that our customer service can give you a return authorization number. The product must be returned in good condition and in its original packaging, even if it has been opened, with all its contents (accessories, cords, instructions, etc.). In order to process your request correctly, please quote your order number and full contact details. After receipt and acceptance of your parcel by our services, depending on the nature of the product, available stocks and according to your wishes, we will offer to reship the product originally ordered or an exchange product with equivalent characteristics. If you have chosen to be reimbursed, the full amount of the order (product(s) + shipping costs if your order consists of a single product) will be credited back to the debited account within 15 days of acceptance of your return. Upon presentation of proof of the costs incurred, our customer service department will reimburse these costs by sending a cheque or crediting your account. Please note : The amount of the reimbursement of these costs will be based on the current consumer rates communicated by La Poste for tracked colissimo. The maximum amount reimbursed may not exceed €15 including tax.
ARTICLE 8 – WARRANTY
Without prejudice to the aforementioned right of withdrawal, the Buyer benefits from the warranty against hidden defects in the Product as provided for in article 1641 of the French Civil Code. In addition, if the Product received by the Buyer does not conform to the Product designated in his/her Order, this Product will be replaced or reimbursed, depending on the Buyer's wishes.
ARTICLE 9 – LIABILITY
The Vendor's liability is limited to direct and foreseeable damage resulting from the Buyer's use of the Site and the Products delivered. The Vendor shall not be held liable if the non-performance or improper performance of its obligations is attributable to the Buyer, to the unforeseeable and insurmountable act of a third party unrelated to the supply of the services provided for in the Conditions, or to an unforeseeable, irresistible and external case of force majeure. The Vendor shall not be held liable for any damage resulting from a fault on the part of the Buyer in connection with the use of the Products.
ARTICLE 10 – INTELLECTUAL PROPERTY
All elements published on the Site, such as sounds, images, photographs, videos, writings, animations, programs, graphic guidelines, utilities, databases and software, are protected by the provisions of the French Intellectual Property Code and belong to the Vendor. The Buyer agrees not to infringe the intellectual property rights relating to these elements, and in particular not to reproduce, represent, modify, adapt, translate, extract and/or reuse a qualitatively or quantitatively substantial part of them, with the exception of acts necessary for their normal and proper use.
ARTICLE 11 – PERSONAL DATA
The Buyer is hereby informed that, during his browsing and within the framework of the Order, personal data concerning him is collected and processed by the Vendor. This processing is subject to a declaration to the Commission Nationale Informatique et Libertés in application of law n°78-17 of January 6th 1978. The Buyer is informed that his or her data: - is collected in a fair and lawful manner, - is collected for specific, explicit and legitimate purposes, - will not be subsequently processed in a manner incompatible with these purposes, - is adequate, relevant and not excessive with regard to the purposes for which it is collected and its subsequent processing, - is accurate and complete, - is kept in a form that allows identification of the persons concerned for a period that does not exceed the time necessary for the purposes for which it is collected and processed. The Vendor also undertakes to take all necessary precautions to protect the security of the data, and in particular to prevent it from being distorted, damaged or accessed by unauthorized third parties. This data is used to process the Order and to improve and personalize the services offered by the Seller. It is not intended for transmission to third parties. The Buyer has the right to object to the processing of personal data concerning him/her, and to the use of such data for canvassing purposes, in particular commercial canvassing. The Buyer may question the Vendor in order to obtain confirmation as to whether or not personal data concerning him/her is being processed, information concerning the purposes of the processing, the categories of personal data processed and the recipients or categories of recipients to whom the data is communicated, communication of the personal data concerning him/her and any available information concerning the origin thereof. The Buyer may also require the Vendor to rectify, complete, update, block or delete any personal data concerning him/her that is inaccurate, incomplete, ambiguous, out of date, or whose collection, use, communication or storage is prohibited. In order to exercise this right, the Buyer shall send an e-mail to the Seller in its capacity as data controller, at the following address : support@lelabostore.com.
ARTICLE 12 – AGREEMENT ON EVIDENCE
It is expressly agreed that the Parties may communicate with each other electronically for the purposes of the Conditions, provided that technical security measures designed to guarantee the confidentiality of the data exchanged are put in place. Both Parties agree that the e-mails exchanged between them are valid proof of the content of their exchanges and, where applicable, of their commitments, in particular with regard to the transmission and acceptance of Orders.
ARTICLE 13 – PARTIAL INVALIDITY
Should one or more of the stipulations of the Terms and Conditions be deemed unlawful or invalid, such invalidity shall not result in the invalidity of the other provisions of the Terms and Conditions, unless such provisions are inseparable from the invalidated stipulation.
ARTICLE 14 – APPLICABLE LAW
The Conditions are governed by French law.
ARTICLE 15 – ASSIGNMENT OF JURISDICTION
The Parties agree that in the event of any dispute arising in connection with the performance or interpretation of the Conditions, they will endeavor to find an amicable solution. Should this attempt at amicable resolution fail, the dispute will be referred to the competent courts.
KLARNA
In order to offer you Klarna's payment options, we may need to transfer your personal data to Klarna, including your contact details and order details, so that Klarna can assess whether you are eligible for them and tailor them to your needs. Your personal data will be treated in accordance with Klarna's privacy policy.
LEGAL INFORMATIONS
©LE LABO STORE – Société SARL LE LABO, 17 Rue Sauniere 26000 Valence, France, Tel : +33 4 82 39 89 76,
support@lelabostore.com
N°siret: 808420293 00025;
NAF: 4771Z.