Terms and conditions
I - IDENTITY OF THE SELLER
Operation
The present website is operated by Lambertine, a one-man simplified joint stock company with a capital of 20 000€, registered in the Paris Trade and Companies Register under the number 911192417 00010, Intracommunity VAT number FR 87911192417
Editor
SAS Lambertine
231 rue Saint-Honoré
75001 Paris
Director of Publication: Charlotte Dequidt
Hosting
Our online store is hosted by Shopify Inc. located at 126 York St. Ottawa, ON K1N 5T5, in Canada , reachable at 1-888-746-7439.
II - GENERAL PROVISIONS RELATING TO THESE TERMS AND CONDITIONS OF SALE
Purpose of the Terms and Conditions of Sale
The present general terms and conditions of sale are concluded between the Company Lambertine (referred to as Lambertine), SAS with a capital of 20 000€, whose head office is located at 231 rue Saint-Honoré 75001 Paris, registered with the Trade and Companies Register of Paris under the number 911192417 00010, Intracommunity VAT number FR 87911192417.
AND
Any natural person, consumer visiting and/or wishing to make a purchase via the website www.lambertineparis.com, hereinafter referred to as "the Customer".
Governed by article L. 441-6 of the commercial code and in accordance with article L.111-1 of the consumer code, the present general conditions of sale aim to define the terms and conditions of distance selling between Lambertine and the customer, the order, the payments, the delivery, the possible returns as well as the exchanges and refunds.
By the mere fact of validating an order on the Site, the Customer declares to have read, understood and accepted without reservation the terms of the said order as well as the entirety of the present General Sales Conditions. The Customer who accepts the general conditions of sale declares to be of age and legally capable.
The Customer will have to open a customer account and fill in an order form with some mandatory fields so that the order can be taken into account by Lambertine. The information communicated to Lambertine when opening a customer account or when placing an order must be complete, exact and up to date. Lambertine may, if necessary, ask the Customer to confirm -by any means- this information and his identity.
The Customer also declares not to proceed to orders on the website http://wwww.lambertineparis.com for fraudulent purposes, with the aim of reselling them or using them for any form of communication without informing Lambertine. The customer agrees to provide Lambertine with correct personal and other information in order to process his requests and orders properly. Lambertine reserves the right to refuse an order if it does not come from a Customer who meets the above criteria.
Availability of the general sales conditions
The general sales conditions are available to the customer, directly and freely consultable on the website www.lambertineparis.com. They can also be communicated to the customer on simple request by electronic mail.
The general conditions of sale are opposable to the customer who recognizes, by validating his order, to have had knowledge and to have accepted them before placing order. All orders on the Site are subject to these GTC. These are subject to change and update; the conditions applicable to the order of a Product by a Customer are those in force on the day of the order.
Scope of application of the general sales conditions
The present general conditions of sale are exclusively applicable to products delivered in France and in all other countries of delivery. All the contractual information mentioned on the website www.lambertineparis.com is written in French. The general conditions of sale govern exclusively the contracts of online sale of the products proposed by the Company Lambertine, editor of the website www.lambertineparis.com to the customer.
Clauses of the general conditions of sale
In the hypothesis where one of the clauses of the present general conditions of sale would be null and void by a change of legislation, of regulation or following a decision of justice, that would not involve the nullity of the whole general conditions of sale. The temporary or permanent inapplication of one or several clauses of the general sales conditions by Lambertine does not imply a renunciation of the other clauses of the general sales conditions which continue to produce their effects.
III - PRODUCTS AND SERVICES
The products
The essential characteristics of the products are presented on www.lambertineparis.com inside each of the product sheets. However, the photos and colors of the products offered for sale on www.lambertineparis.com may not correspond to the real colors due to the effect of the Internet browser and the screen used. In no case can Lambertine be held responsible on the basis of these photos. Customers can obtain additional information by contacting Lambertine's Customer Service.
Moreover, as these are handmade creations, the articles may present irregularities in finishing, differences in size and/or colors inherent to this type of manufacturing which cannot be considered as major defects. The responsibility of the Company cannot be questioned, the validity of the order cannot be affected.
The offers presented on the website www.lambertineparis.com are valid as long as the products appear in the electronic catalog and within the limits of available stocks, except for offers whose particular duration is specified. In case an offer would have particular conditions of validity, these conditions would be indicated on the website of Lambertine in the details of the offer.
Prices presented and practiced
In accordance with article L.113-13 of the French Consumer Code, the prices of the products sold by Lambertine and presented on the website www.lambertineparis.com are indicated in Euros, VAT included.
These prices do not include the fixed contribution to the transport costs which include the packing, the preparation of the parcels and their carriage according to the tariffs in force. They take into account the V.A.T. applicable on the day the order is placed by the customer. Any change of the rate could be reflected on the price of the articles on sale on the website www.lambertineparis.com, and the Customer could be informed by e-mail.
Lambertine reserves the right to modify or adapt its prices at any time; however, in the event of a price change, the rates in force charged to the Customer are those indicated at the time the order is placed. The total amount due by the Customer is indicated on the order confirmation page.
Delivery costs
Lambertine allows the Customer to choose the delivery method among different options. These options can be consulted directly and freely on the website www.lambertineparis.com, when the order is placed. The amounts of the delivery costs are indicated in Euros.
They can differ according to the type of transport selected, the characteristics of the order and the geographical zone of delivery. Deliveries and services outside the French territory will be subject to the provisions of the General Tax Code relating to VAT. Orders placed on the website www.lambertineparis.com and delivered outside the French territory may be subject to possible taxes and customs duties imposed at destination. These possible taxes and customs duties are the responsibility of the Customer. Lambertine is not obliged to check and inform the Customer of the possible taxes and customs duties that are applicable. In order to be aware of them, the Customer is advised to check with the competent authorities of his country of delivery.
IV - ORDERING
Ordering process
The Customer must complete several steps prior to the conclusion of the sales contract:
- fill in his online basket
- indicate the quantities, the version(s) of the product he wishes to receive
- create a customer account and indicate the personal data necessary for the order
- select a delivery method
- select a payment method
- fill in the information related to the selected payment method
The Customer has the possibility to check the details of his order and its price in Euros before confirming his order.
The confirmation of the order constitutes an irrevocable acceptance which can only be questioned within the limits provided by the present general conditions of sale. It automatically entails the acceptance of the general sales conditions by the user and concludes the sales contract.
The contract is deemed concluded when Lambertine receives the order after verification by Lambertine of the accuracy of the data relating to the order.
After validation of your order, a notice of receipt will be sent by e-mail to the Customer, containing a summary of the order information.
Validation of the order
Lambertine reserves the right to refuse any order for legitimate reasons, and more particularly, if the quantities of products ordered are abnormally high for a user having the quality of a consumer. Lambertine will also have the right to refuse any order made by a Customer with whom there is a dispute relating to the payment of a previous order, as well as any order that does not comply with the present general sales conditions.
In these cases, Lambertine will inform the Customer by e-mail. If the customer does not proceed with the correction of the erroneous elements or contrary to the present general sales conditions, Lambertine reserves the right not to process the order.
Modification of the order
Once the order is confirmed by the customer, no modification can be made. If the customer wishes to modify the delivery address or the characteristics of the ordered product, he must communicate his request for modification to Lambertine by e-mail.
Any request for modification after the confirmation of the order by the customer is subject to the acceptance of the Société Lambertine.
Unavailability of the product or service ordered
In the event that the products presented on www.lambertineparis.com are no longer available or on sale at the time of the last access to the site or the sending of the order form, Lambertine must communicate to the Customer within fifteen working days from the day following the order, the possible unavailability of the ordered products. In case of transfer of the order form and payment of the price, Lambertine will do what is necessary to reimburse the amount advanced by the Customer.
Archiving and proof
In accordance with article 1348 of the French Civil Code, the archiving of communications between the parties, order forms and invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy of the origin.
These communications between the parties, order forms and invoices can be produced as proof of the contract.
The customer is advised to keep at least one electronic and/or paper copy of his order form, as well as the email acknowledging receipt of his order confirmation sent by the Lambertine Company.
V - PAYMENT
Accepted means of payment and security
Payment is due in full after confirmation of the order by the Customer. It is made immediately and in full upon confirmation of the order. The price is payable in Euros (€) only.
Several means of payment are offered to the user to pay his order: by credit card or Paypal transfer.
For credit card payments, the Customer must be the holder of the credit card used. He/she accesses a dedicated space made available by a banking institution, which ensures the security and registration of the payment order. The Client guarantees the Company, when validating the order form, that he/she is in good standing with the issuer of the payment card.
VI - DELIVERY
Terms of delivery
The pre-ordered products will be delivered to the Customer at the address indicated in the "My Account" information form filled in by the Customer during registration. In case of change of address, it is up to the Customer to notify it before placing the order by modifying its coordinates on the information form "My account". The Customer is solely responsible for any delivery failure due to a lack of information when placing the order.
The parcel is delivered according to the shipping method chosen by the Customer and is given to the recipient with or without signature of a delivery slip (depending on the delivery method), at the delivery address indicated during the ordering process.
Delivery time
Lambertine commits itself to ensure the shipment of the products ordered by the Customer within three days following the registration of his payment. (except in case of exception which will be notified to the Customer)
Delivery times may vary depending on the delivery method chosen by the Customer.
Additional delays may be added to the previously indicated delays in the case of international deliveries. Lambertine cannot be held responsible for these additional delays; however, Lambertine will inform the customer of any additional delays as soon as it becomes aware of them.
VII - RETURNS, EXCHANGES, REFUNDS AND CREDITS
Withdrawal
As from the reception of the products, the Customer has a fourteen (14) clear days retraction period to return the delivered products without having to justify himself, nor pay any penalty.
In exercising his right of withdrawal, the Customer can choose to be reimbursed or to obtain a credit note on the products offered on the website www.lambertineparis.com. He has to communicate his choice to Lambertine, taking care to specify the number of the order, his name and his address, by e-mail to the following address: hello@lambertineparis.com
The returned products must be in their original packaging, complete, in perfect condition and accompanied by the original purchase invoice. Lambertine reserves the right to refuse the return of any product worn, incomplete, damaged, soiled or modified by the Customer.
Refunds : The Lambertine Company commits to reimburse the Customer for the totality of the sums paid as soon as possible and at the latest within thirty (30) days after receipt and verification of the condition of the products.
The reimbursement in favor of the Customer can only be made in euros and by the same method of payment that he used when ordering.
Credit note: The company Lambertine commits itself to give a credit note to the Customer up to the amount of the sums engaged at the time of the confirmation of his order.
The shipping costs related to the return of the products are offered in Metropolitan France and remain the responsibility of the Customer for the other countries and territories except if the product received is not in conformity or presents a manufacturing defect.
Possible customs fees related to the return of a product from a foreign country are charged to the Customer. The exchange fees paid by the Customer at the time of the initial purchase will remain at the Customer's expense and will not be reimbursed by Lambertine.
VIII - GUARANTEES
Legal warranties
According to articles L.217-4 and following of the French Consumer Code, the Seller is bound to deliver a good that conforms to the contract concluded with the Customer and to answer for any defects of conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect exists on the day the Customer takes possession of the Product. However, when the defect appeared within 24 months after this date (or within 6 months if the order took place before March 18, 2016 or the Product is sold second-hand), it is presumed to meet this condition. But, in accordance with Article L.217-7 of the Consumer Code, "the Seller may rebut this presumption if it is not compatible with the nature of the Product or the claimed lack of conformity."
On the other hand, after this 24-month period (or 6 months if the order took place before March 18, 2016 or the product is sold second-hand), it will be up to the Customer to prove that the defect did exist at the time of taking possession of the product.
In accordance with Article L.217-9 of the Consumer Code: "in the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
According to articles 1641 to 1649 of the Civil Code, the Customer can ask for the exercise of the guarantee of hidden defects if the defects presented did not appear at the time of the purchase, were prior to the purchase (and thus do not result from the normal wear and tear of the Product for example) and are sufficiently serious (the defect must either render the Product unfit for the purpose for which it was intended, or diminish that purpose to such an extent that the purchaser would not have purchased the Product or would not have purchased it at such a price had he known of the defect).
In case of non-conformity of a delivered Product, it may be returned to the Seller who will exchange it. In case of impossibility of exchange of the Product (obsolete Product, out of stock, etc.) the Customer will be refunded by transfer of the amount of his order. The costs of the exchange or refund procedure (in particular the cost of returning the Product) shall be borne by the Seller. Claims, requests for exchange or refund for a non-compliant Product must be made by e-mail: hello@lambertineparis.com In order to ensure a fast and quality treatment of the request for guarantee, the Customer will specify his coordinates, his order number and the reference of the article concerned and will detail as much as possible the problem met and, as far as possible, will join to the e-mail a photograph of the defect of the product.
This guarantee does not apply to:
-non-conforming uses as well as to defects of use;
-deterioration due to a handling error, abusive or abnormal use, intentional or accidental physical modification, use for professional or commercial purposes
-in the event of abnormal maintenance operations or lack of maintenance and hygiene;
-in case of natural wear and tear;
-interventions carried out on the jewel by any person not mandated by the Customer Service as well as deterioration resulting from such an intervention.
IX - RESPONSIBILITY
The responsibility of the Lambertine Company cannot be engaged in case of total or partial non-performance of the contract, or of bad execution of the contract due to the fact :
- of the Customer
- insurmountable and unforeseeable by a third party to the contract
- a case of force majeure or fortuitous
The products proposed to the sale by the Lambertine Company are guaranteed in conformity with the French standards. Its responsibility cannot be engaged for non-conformity of the product to the legislation of the country of the Customer outside this territory; it is then up to the Customer to check if the product is not forbidden to the sale in its country.
The symbols, texts and illustrations represented on the Lambertine brand products are used for decorative purposes and cannot engage the responsibility of the Company Lambertine because of their primary or diverted meaning.
The Company Lambertine is in no way responsible for the offers and comments made by its resellers.
X - INTELLECTUAL PROPERTY
The Customer acknowledges that the Lambertine Products and the distinctive signs (brand, images, videos, photographs, packaging, text etc.) are the exclusive property of Lambertine. No transfer of intellectual property rights is made through the present general sales conditions.
The Customer shall refrain from any act of reproduction or use of product models, packaging, trademarks or distinctive signs used by Lambertine, as well as any act tending to the appropriation of these elements, whether or not they are protected by Lambertine through a patent, trademark, registered design or copyright.
Any reproduction or distribution of these elements, without prior written authorization from Lambertine, will expose the offenders to legal proceedings.
XI - PROTECTION OF PERSONAL DATA
Collection and processing of personal data
The collection of nominative data is necessary for the processing of orders, invoicing, payment and their proper delivery. These data are strictly confidential and are only intended for the Company Lambertine in its capacity as data controller. This data can also be communicated to the services in charge of the control (auditor in particular) and to the providers of payment and transport necessary for the good execution of the commercial relation. Personal data may also be sent to public bodies, exclusively to meet Lambertine's legal obligations, to judicial officers, to ministerial officers and to bodies responsible for debt collection. Concerned about respecting the privacy of Customers, Lambertine, the data controller, undertakes to ensure that the processing of personal data of Customers and users of the Site is carried out in accordance with the amended Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms and the Regulation (EU) 2016/679 of April 27, 2016 known as the "European General Data Protection Regulation".
Personal data will not be kept beyond the time strictly necessary to manage the commercial relationship between Lambertine and the Customer. However, the data allowing to establish the proof of a right or of a contract, which must be kept in order to respect a legal obligation, will be kept for the duration provided by the law in force. Moreover, in case of litigation or non-compliance with the General Conditions, Lambertine reserves the right to keep all data that it deems necessary for the duration of the procedure or the resolution of the dispute.
Concerning possible prospecting operations aimed at Customers, their data may be kept for a period of three years from the end of the commercial relationship.
Personal data relating to a prospect, not a customer, may be kept for a period of three years from the date of their collection or the last contact from the prospect.
At the end of this three-year period, Lambertine may contact the Customer or prospect again to find out if they wish to continue receiving commercial solicitations.
The Customer's personal data will not be transferred, rented or exchanged to third parties.
The Customer has the right to access, modify, rectify and delete his personal data at any time.
Use of cookies
The Customer is informed that the present Internet site www.lambertineparis.com resorts to the use of cookies.
Cookies are computer files stored on the Customer's computer, which allow to indicate a previous visit of the Customer on the website www.lambertineparis.com.
Lambertine intends to use cookies for the sole purpose of offering a personalized navigation to the Customer.
The Customer can at any time refuse the cookies via the popup that appears to this effect, but thus loses all the personalization of the website www.lambertineparis.com
XII - DISPUTE RESOLUTION
Complaints
All claims must be addressed to the attention of Société Lambertine, and sent by mail with acknowledgement of receipt to the following address:
Société Lambertine
231 rue Saint-Honoré
75001 Paris
France
Sales concluded with Lambertine via the website www.lambertineparis.com are subject to French law. In case of dispute, an amicable solution will be sought before any legal action. Failing this, all disputes to which the present contract could give rise, concerning its validity, its interpretation, its execution, its cancellation and their consequences will be submitted to the competent court in accordance with the rules of competence of the common law.
In the event of a cross-border dispute in the internal or external market, the competent courts to resolve the dispute concerning the order or the general terms and conditions of sale shall remain the French courts.
GTC updated on June 10, 2022.
Operation
The present website is operated by Lambertine, a one-man simplified joint stock company with a capital of 20 000€, registered in the Paris Trade and Companies Register under the number 911192417 00010, Intracommunity VAT number FR 87911192417
Editor
SAS Lambertine
231 rue Saint-Honoré
75001 Paris
Director of Publication: Charlotte Dequidt
Hosting
Our online store is hosted by Shopify Inc. located at 126 York St. Ottawa, ON K1N 5T5, in Canada , reachable at 1-888-746-7439.
II - GENERAL PROVISIONS RELATING TO THESE TERMS AND CONDITIONS OF SALE
Purpose of the Terms and Conditions of Sale
The present general terms and conditions of sale are concluded between the Company Lambertine (referred to as Lambertine), SAS with a capital of 20 000€, whose head office is located at 231 rue Saint-Honoré 75001 Paris, registered with the Trade and Companies Register of Paris under the number 911192417 00010, Intracommunity VAT number FR 87911192417.
AND
Any natural person, consumer visiting and/or wishing to make a purchase via the website www.lambertineparis.com, hereinafter referred to as "the Customer".
Governed by article L. 441-6 of the commercial code and in accordance with article L.111-1 of the consumer code, the present general conditions of sale aim to define the terms and conditions of distance selling between Lambertine and the customer, the order, the payments, the delivery, the possible returns as well as the exchanges and refunds.
By the mere fact of validating an order on the Site, the Customer declares to have read, understood and accepted without reservation the terms of the said order as well as the entirety of the present General Sales Conditions. The Customer who accepts the general conditions of sale declares to be of age and legally capable.
The Customer will have to open a customer account and fill in an order form with some mandatory fields so that the order can be taken into account by Lambertine. The information communicated to Lambertine when opening a customer account or when placing an order must be complete, exact and up to date. Lambertine may, if necessary, ask the Customer to confirm -by any means- this information and his identity.
The Customer also declares not to proceed to orders on the website http://wwww.lambertineparis.com for fraudulent purposes, with the aim of reselling them or using them for any form of communication without informing Lambertine. The customer agrees to provide Lambertine with correct personal and other information in order to process his requests and orders properly. Lambertine reserves the right to refuse an order if it does not come from a Customer who meets the above criteria.
Availability of the general sales conditions
The general sales conditions are available to the customer, directly and freely consultable on the website www.lambertineparis.com. They can also be communicated to the customer on simple request by electronic mail.
The general conditions of sale are opposable to the customer who recognizes, by validating his order, to have had knowledge and to have accepted them before placing order. All orders on the Site are subject to these GTC. These are subject to change and update; the conditions applicable to the order of a Product by a Customer are those in force on the day of the order.
Scope of application of the general sales conditions
The present general conditions of sale are exclusively applicable to products delivered in France and in all other countries of delivery. All the contractual information mentioned on the website www.lambertineparis.com is written in French. The general conditions of sale govern exclusively the contracts of online sale of the products proposed by the Company Lambertine, editor of the website www.lambertineparis.com to the customer.
Clauses of the general conditions of sale
In the hypothesis where one of the clauses of the present general conditions of sale would be null and void by a change of legislation, of regulation or following a decision of justice, that would not involve the nullity of the whole general conditions of sale. The temporary or permanent inapplication of one or several clauses of the general sales conditions by Lambertine does not imply a renunciation of the other clauses of the general sales conditions which continue to produce their effects.
III - PRODUCTS AND SERVICES
The products
The essential characteristics of the products are presented on www.lambertineparis.com inside each of the product sheets. However, the photos and colors of the products offered for sale on www.lambertineparis.com may not correspond to the real colors due to the effect of the Internet browser and the screen used. In no case can Lambertine be held responsible on the basis of these photos. Customers can obtain additional information by contacting Lambertine's Customer Service.
Moreover, as these are handmade creations, the articles may present irregularities in finishing, differences in size and/or colors inherent to this type of manufacturing which cannot be considered as major defects. The responsibility of the Company cannot be questioned, the validity of the order cannot be affected.
The offers presented on the website www.lambertineparis.com are valid as long as the products appear in the electronic catalog and within the limits of available stocks, except for offers whose particular duration is specified. In case an offer would have particular conditions of validity, these conditions would be indicated on the website of Lambertine in the details of the offer.
Prices presented and practiced
In accordance with article L.113-13 of the French Consumer Code, the prices of the products sold by Lambertine and presented on the website www.lambertineparis.com are indicated in Euros, VAT included.
These prices do not include the fixed contribution to the transport costs which include the packing, the preparation of the parcels and their carriage according to the tariffs in force. They take into account the V.A.T. applicable on the day the order is placed by the customer. Any change of the rate could be reflected on the price of the articles on sale on the website www.lambertineparis.com, and the Customer could be informed by e-mail.
Lambertine reserves the right to modify or adapt its prices at any time; however, in the event of a price change, the rates in force charged to the Customer are those indicated at the time the order is placed. The total amount due by the Customer is indicated on the order confirmation page.
Delivery costs
Lambertine allows the Customer to choose the delivery method among different options. These options can be consulted directly and freely on the website www.lambertineparis.com, when the order is placed. The amounts of the delivery costs are indicated in Euros.
They can differ according to the type of transport selected, the characteristics of the order and the geographical zone of delivery. Deliveries and services outside the French territory will be subject to the provisions of the General Tax Code relating to VAT. Orders placed on the website www.lambertineparis.com and delivered outside the French territory may be subject to possible taxes and customs duties imposed at destination. These possible taxes and customs duties are the responsibility of the Customer. Lambertine is not obliged to check and inform the Customer of the possible taxes and customs duties that are applicable. In order to be aware of them, the Customer is advised to check with the competent authorities of his country of delivery.
IV - ORDERING
Ordering process
The Customer must complete several steps prior to the conclusion of the sales contract:
- fill in his online basket
- indicate the quantities, the version(s) of the product he wishes to receive
- create a customer account and indicate the personal data necessary for the order
- select a delivery method
- select a payment method
- fill in the information related to the selected payment method
The Customer has the possibility to check the details of his order and its price in Euros before confirming his order.
The confirmation of the order constitutes an irrevocable acceptance which can only be questioned within the limits provided by the present general conditions of sale. It automatically entails the acceptance of the general sales conditions by the user and concludes the sales contract.
The contract is deemed concluded when Lambertine receives the order after verification by Lambertine of the accuracy of the data relating to the order.
After validation of your order, a notice of receipt will be sent by e-mail to the Customer, containing a summary of the order information.
Validation of the order
Lambertine reserves the right to refuse any order for legitimate reasons, and more particularly, if the quantities of products ordered are abnormally high for a user having the quality of a consumer. Lambertine will also have the right to refuse any order made by a Customer with whom there is a dispute relating to the payment of a previous order, as well as any order that does not comply with the present general sales conditions.
In these cases, Lambertine will inform the Customer by e-mail. If the customer does not proceed with the correction of the erroneous elements or contrary to the present general sales conditions, Lambertine reserves the right not to process the order.
Modification of the order
Once the order is confirmed by the customer, no modification can be made. If the customer wishes to modify the delivery address or the characteristics of the ordered product, he must communicate his request for modification to Lambertine by e-mail.
Any request for modification after the confirmation of the order by the customer is subject to the acceptance of the Société Lambertine.
Unavailability of the product or service ordered
In the event that the products presented on www.lambertineparis.com are no longer available or on sale at the time of the last access to the site or the sending of the order form, Lambertine must communicate to the Customer within fifteen working days from the day following the order, the possible unavailability of the ordered products. In case of transfer of the order form and payment of the price, Lambertine will do what is necessary to reimburse the amount advanced by the Customer.
Archiving and proof
In accordance with article 1348 of the French Civil Code, the archiving of communications between the parties, order forms and invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy of the origin.
These communications between the parties, order forms and invoices can be produced as proof of the contract.
The customer is advised to keep at least one electronic and/or paper copy of his order form, as well as the email acknowledging receipt of his order confirmation sent by the Lambertine Company.
V - PAYMENT
Accepted means of payment and security
Payment is due in full after confirmation of the order by the Customer. It is made immediately and in full upon confirmation of the order. The price is payable in Euros (€) only.
Several means of payment are offered to the user to pay his order: by credit card or Paypal transfer.
For credit card payments, the Customer must be the holder of the credit card used. He/she accesses a dedicated space made available by a banking institution, which ensures the security and registration of the payment order. The Client guarantees the Company, when validating the order form, that he/she is in good standing with the issuer of the payment card.
VI - DELIVERY
Terms of delivery
The pre-ordered products will be delivered to the Customer at the address indicated in the "My Account" information form filled in by the Customer during registration. In case of change of address, it is up to the Customer to notify it before placing the order by modifying its coordinates on the information form "My account". The Customer is solely responsible for any delivery failure due to a lack of information when placing the order.
The parcel is delivered according to the shipping method chosen by the Customer and is given to the recipient with or without signature of a delivery slip (depending on the delivery method), at the delivery address indicated during the ordering process.
Delivery time
Lambertine commits itself to ensure the shipment of the products ordered by the Customer within three days following the registration of his payment. (except in case of exception which will be notified to the Customer)
Delivery times may vary depending on the delivery method chosen by the Customer.
Additional delays may be added to the previously indicated delays in the case of international deliveries. Lambertine cannot be held responsible for these additional delays; however, Lambertine will inform the customer of any additional delays as soon as it becomes aware of them.
VII - RETURNS, EXCHANGES, REFUNDS AND CREDITS
Withdrawal
As from the reception of the products, the Customer has a fourteen (14) clear days retraction period to return the delivered products without having to justify himself, nor pay any penalty.
In exercising his right of withdrawal, the Customer can choose to be reimbursed or to obtain a credit note on the products offered on the website www.lambertineparis.com. He has to communicate his choice to Lambertine, taking care to specify the number of the order, his name and his address, by e-mail to the following address: hello@lambertineparis.com
The returned products must be in their original packaging, complete, in perfect condition and accompanied by the original purchase invoice. Lambertine reserves the right to refuse the return of any product worn, incomplete, damaged, soiled or modified by the Customer.
Refunds : The Lambertine Company commits to reimburse the Customer for the totality of the sums paid as soon as possible and at the latest within thirty (30) days after receipt and verification of the condition of the products.
The reimbursement in favor of the Customer can only be made in euros and by the same method of payment that he used when ordering.
Credit note: The company Lambertine commits itself to give a credit note to the Customer up to the amount of the sums engaged at the time of the confirmation of his order.
The shipping costs related to the return of the products are offered in Metropolitan France and remain the responsibility of the Customer for the other countries and territories except if the product received is not in conformity or presents a manufacturing defect.
Possible customs fees related to the return of a product from a foreign country are charged to the Customer. The exchange fees paid by the Customer at the time of the initial purchase will remain at the Customer's expense and will not be reimbursed by Lambertine.
VIII - GUARANTEES
Legal warranties
According to articles L.217-4 and following of the French Consumer Code, the Seller is bound to deliver a good that conforms to the contract concluded with the Customer and to answer for any defects of conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect exists on the day the Customer takes possession of the Product. However, when the defect appeared within 24 months after this date (or within 6 months if the order took place before March 18, 2016 or the Product is sold second-hand), it is presumed to meet this condition. But, in accordance with Article L.217-7 of the Consumer Code, "the Seller may rebut this presumption if it is not compatible with the nature of the Product or the claimed lack of conformity."
On the other hand, after this 24-month period (or 6 months if the order took place before March 18, 2016 or the product is sold second-hand), it will be up to the Customer to prove that the defect did exist at the time of taking possession of the product.
In accordance with Article L.217-9 of the Consumer Code: "in the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
According to articles 1641 to 1649 of the Civil Code, the Customer can ask for the exercise of the guarantee of hidden defects if the defects presented did not appear at the time of the purchase, were prior to the purchase (and thus do not result from the normal wear and tear of the Product for example) and are sufficiently serious (the defect must either render the Product unfit for the purpose for which it was intended, or diminish that purpose to such an extent that the purchaser would not have purchased the Product or would not have purchased it at such a price had he known of the defect).
In case of non-conformity of a delivered Product, it may be returned to the Seller who will exchange it. In case of impossibility of exchange of the Product (obsolete Product, out of stock, etc.) the Customer will be refunded by transfer of the amount of his order. The costs of the exchange or refund procedure (in particular the cost of returning the Product) shall be borne by the Seller. Claims, requests for exchange or refund for a non-compliant Product must be made by e-mail: hello@lambertineparis.com In order to ensure a fast and quality treatment of the request for guarantee, the Customer will specify his coordinates, his order number and the reference of the article concerned and will detail as much as possible the problem met and, as far as possible, will join to the e-mail a photograph of the defect of the product.
This guarantee does not apply to:
-non-conforming uses as well as to defects of use;
-deterioration due to a handling error, abusive or abnormal use, intentional or accidental physical modification, use for professional or commercial purposes
-in the event of abnormal maintenance operations or lack of maintenance and hygiene;
-in case of natural wear and tear;
-interventions carried out on the jewel by any person not mandated by the Customer Service as well as deterioration resulting from such an intervention.
IX - RESPONSIBILITY
The responsibility of the Lambertine Company cannot be engaged in case of total or partial non-performance of the contract, or of bad execution of the contract due to the fact :
- of the Customer
- insurmountable and unforeseeable by a third party to the contract
- a case of force majeure or fortuitous
The products proposed to the sale by the Lambertine Company are guaranteed in conformity with the French standards. Its responsibility cannot be engaged for non-conformity of the product to the legislation of the country of the Customer outside this territory; it is then up to the Customer to check if the product is not forbidden to the sale in its country.
The symbols, texts and illustrations represented on the Lambertine brand products are used for decorative purposes and cannot engage the responsibility of the Company Lambertine because of their primary or diverted meaning.
The Company Lambertine is in no way responsible for the offers and comments made by its resellers.
X - INTELLECTUAL PROPERTY
The Customer acknowledges that the Lambertine Products and the distinctive signs (brand, images, videos, photographs, packaging, text etc.) are the exclusive property of Lambertine. No transfer of intellectual property rights is made through the present general sales conditions.
The Customer shall refrain from any act of reproduction or use of product models, packaging, trademarks or distinctive signs used by Lambertine, as well as any act tending to the appropriation of these elements, whether or not they are protected by Lambertine through a patent, trademark, registered design or copyright.
Any reproduction or distribution of these elements, without prior written authorization from Lambertine, will expose the offenders to legal proceedings.
XI - PROTECTION OF PERSONAL DATA
Collection and processing of personal data
The collection of nominative data is necessary for the processing of orders, invoicing, payment and their proper delivery. These data are strictly confidential and are only intended for the Company Lambertine in its capacity as data controller. This data can also be communicated to the services in charge of the control (auditor in particular) and to the providers of payment and transport necessary for the good execution of the commercial relation. Personal data may also be sent to public bodies, exclusively to meet Lambertine's legal obligations, to judicial officers, to ministerial officers and to bodies responsible for debt collection. Concerned about respecting the privacy of Customers, Lambertine, the data controller, undertakes to ensure that the processing of personal data of Customers and users of the Site is carried out in accordance with the amended Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms and the Regulation (EU) 2016/679 of April 27, 2016 known as the "European General Data Protection Regulation".
Personal data will not be kept beyond the time strictly necessary to manage the commercial relationship between Lambertine and the Customer. However, the data allowing to establish the proof of a right or of a contract, which must be kept in order to respect a legal obligation, will be kept for the duration provided by the law in force. Moreover, in case of litigation or non-compliance with the General Conditions, Lambertine reserves the right to keep all data that it deems necessary for the duration of the procedure or the resolution of the dispute.
Concerning possible prospecting operations aimed at Customers, their data may be kept for a period of three years from the end of the commercial relationship.
Personal data relating to a prospect, not a customer, may be kept for a period of three years from the date of their collection or the last contact from the prospect.
At the end of this three-year period, Lambertine may contact the Customer or prospect again to find out if they wish to continue receiving commercial solicitations.
The Customer's personal data will not be transferred, rented or exchanged to third parties.
The Customer has the right to access, modify, rectify and delete his personal data at any time.
Use of cookies
The Customer is informed that the present Internet site www.lambertineparis.com resorts to the use of cookies.
Cookies are computer files stored on the Customer's computer, which allow to indicate a previous visit of the Customer on the website www.lambertineparis.com.
Lambertine intends to use cookies for the sole purpose of offering a personalized navigation to the Customer.
The Customer can at any time refuse the cookies via the popup that appears to this effect, but thus loses all the personalization of the website www.lambertineparis.com
XII - DISPUTE RESOLUTION
Complaints
All claims must be addressed to the attention of Société Lambertine, and sent by mail with acknowledgement of receipt to the following address:
Société Lambertine
231 rue Saint-Honoré
75001 Paris
France
Sales concluded with Lambertine via the website www.lambertineparis.com are subject to French law. In case of dispute, an amicable solution will be sought before any legal action. Failing this, all disputes to which the present contract could give rise, concerning its validity, its interpretation, its execution, its cancellation and their consequences will be submitted to the competent court in accordance with the rules of competence of the common law.
In the event of a cross-border dispute in the internal or external market, the competent courts to resolve the dispute concerning the order or the general terms and conditions of sale shall remain the French courts.
GTC updated on June 10, 2022.