I – GENERAL TERMS
The following terms of sale govern online transactions between Editions Jean Lenoir (hereinafter the vendor) and our clients (hereinafter the purchaser); therefore, the purchasers’ acceptance of the vendor’s online offers implies, as an immediate consequence, their compliance with these terms and conditions.
The contract of sale is final only once the purchaser’s order has been expressly accepted by the vendor by email, fax or mail.
Il - TERMS OF PAYMENT
II.1. The price billed to the purchaser is the price stated on the order confirmation sent by the vendor, in euros or in dollars, including any taxes. Products are paid by bank card, through a secure environment on our provider’s server. The purchaser’s card is billed in euros or in dollars as the case may be, one to several days after the order is accepted by the vendor. The vendor retains ownership of the product until it is paid in full by the purchaser. The vendor reserves the right to change prices at any time. Products are always billed based on the prices in effect when the order is recorded.
II.2. In the event of late payment or non-payment, the total amount due by the purchaser to the vendor shall immediately incur interest, from the day of the order, at the maximum rate provided by French law number 66-1010 dated 28 December 1966.
II.3. Any order placed and delivered outside of France may be subject to taxes and customs duties upon arrival at the destination. Any such customs duties or taxes are incumbent upon the purchaser, who is responsible for their payment. Editions Jean Lenoir is not accountable for checking and informing clients of applicable taxes and customs duties. We advise the purchaser to inquire with the competent authorities in the destination country.
III – RECEIPT BY BUSINESSES AND CONSUMERS
III.1. Verification by businesses (retailers or distributors):
The purchaser must verify the quality, quantity, weight, size and proper condition of the goods upon delivery, and submit any claims relating to transport within forty-eight (48) hours, directly with the shipping company.
III.2. Claims by businesses (retailers or distributors):
Claims concerning an apparent defect in the goods or an error in the products or invoicing are valid only if submitted in writing to the vendor, excluding its representatives, within ten days of receiving such goods.
Defects in materials, and errors regarding size, quality, quantity or weight, simply compel the vendor to replace the products concerned, without any compensation; the products thus replaced remain the property of the vendor.
III.3. Return of goods by businesses (retailers or distributors):
The vendor shall not accept any return of goods without having given prior consent. Any return of goods shall be made in the original packaging and accompanied by the delivery slip.
III.4. RETURN POLICY (SPECIFIC PROVISION APPLICABLE SOLELY TO CONSUMERS EXCLUDING RESELLERS AND DISTRIBUTORS WHO BUY ONLINE)
Pursuant to French law of 15 January 2005, purchasers are entitled to a withdrawal period of 14 full calendar days from the date when goods are received to return any product* at their expense, for full refund or exchange without any penalty, to the vendor’s head office: Editions Jean Lenoir Z.I. - 14 Avenue Gay Lussac - 13470 Carnoux en Provence - France**.
Should the vendor fail to confirm the order, the withdrawal period is extended to three months, from the day on which the purchaser receives the goods. If, within this three-month period, the confirmation by e-mail is delivered and the consumer acknowledges its receipt, the period of 14 full calendar days begins upon receipt of the confirmation. If the right of withdrawal is exercised, a full refund is due within 14 days.
* In its complete original packaging (with accessories, inserts, etc.) shrink-wrapped, in good condition, with a copy of the invoice.
** Any item returned incomplete, damaged or soiled by the purchaser shall not be accepted.
IV - DETERMINATION CLAUSE
IV.1. As a fundamental condition of any sale, without which such sale could not take place, it is expressly stipulated that in the event of failure to pay a single installment of the price of the goods, and as soon as the vendor has shown by a formal and unequivocal notification that he fully intends to avail himself of this clause, in particular by the material repossession of the goods, the sale contracts indicated by the vendor shall be cancelled as of legal right, as the vendor sees fit.
IV.2. The purchaser undertakes to return to the vendor immediately and without delay, solely at his expense, the goods that he has received in relation to the sales referred to in the notification mentioned in paragraph IV.1. above, which is the only formality required to compel the purchaser to return the said goods immediately to the vendor's stores.
IV.3. In the absence of immediate compliance with this obligation, the purchaser may be compelled to comply by means of a simple injunction confirming that this determination clause has been invoked and authorizing the vendor to repossess the goods held by the purchaser or any third party, at the purchaser’s sole expense. Furthermore, failing return to the vendor's stores of the goods on the date stipulated in the notification, the purchaser shall pay the vendor interest for lateness at the rate of 0.05% per day, calculated on the price, taxes included, of the goods, applicable from the date set for their return.
V - RETENTION OF TITLE
As a fundamental condition of all sales agreed between the vendor and the purchaser, without which such sales would not take place, it is expressly stipulated that the transfer of ownership of goods delivered is subject to full payment of the purchase price and incidental charges by the purchaser, who, until full payment has been made, shall not make use of said goods in any way and shall immediately inform the vendor of any action by any third party that may affect the vendor’s right of ownership in any way. The handing over of commercial bills of exchange shall not count as payment until they have been cashed.
Goods covered by this Retention of Title clause shall be identified using the vendor’s documents, such as written agreements, order confirmations, delivery slips, invoices, statements or letters containing a description of the goods and a reference to this clause. Furthermore, for the purpose of identification with regard to third parties, the vendor reserves the right to attach, or have the purchaser promptly attach, identification plates, labels or any other means of identification on the goods concerned or in his warehouse.
V.3. Resale by distributors and retailers:
The purchaser is allowed to resell the products received from the vendor within the context of his normal activities, but if the purchase price has not been paid in full, the purchaser shall assign, to the benefit of the vendor, any receivables resulting from the resale, or, if the vendor‘s product is included in a set, the prorated sums corresponding to the amount of the vendor’s retention of title.
In the event that the vendor is obliged to exercise his right of recovery on the goods delivered, said goods shall be credited only to the extent of their value after deduction of any loss in value which may result from their condition at the time of recovery and any costs incurred in said recovery.
VI - PENALTY CLAUSE APPLYING TO BUSINESSES ONLY
By express agreement, unless deferment has been requested on time and agreed to by the vendor, non-payment of the vendor’s goods by the due date shall give rise to:
- immediate recovery of all sums remaining due, regardless of the agreed method of payment (bill of exchange, accepted or not).
- the recovery, by way of damages and under the penalty clause, of compensation equal to 15% of the sums owing, in addition to legal interest and any legal costs.
VII – GOVERNING LAW AND JURISDICTION
The validity, interpretation and performance of the Terms and Conditions of Sale, the contract of sale, whether domestic (metropolitan France and overseas France) or international, shall be governed by French Law. For any dispute arising between purchaser and vendor, even in the event of introduction of third parties or multiple defendants, the commercial court of Marseille, France, shall have sole jurisdiction. However, the vendor reserves the right to initiate legal proceedings in the court of competent jurisdiction for the purchaser’s domicile. Individuals may initiate proceedings in the court of their choice.