1. SCOPE AND ACCEPTANCE   

These general terms and conditions of sale (hereinafter the “GTC”) are those of ÉDITIONS JEAN LENOIR, a simplified joint stock company with a share capital of €78,770, whose registered office is located at 1600 chemin du plan d’olive, 13260 Cassis, France, registered with the Marseille Trade and Companies Register under number 327 763 959 (hereinafter the “Seller”).

The Seller operates the website www.lenez.com (hereinafter the “Website”) through which it offers:

• products (hereinafter the “Products”), such as book-objects (containing a collection of aromas accompanied by a book) designed to train and enhance olfactory memory in order to better analyze certain beverages;
• training courses (hereinafter the “Training Courses”) enabling students to receive sensory education in tasting.

The purchase of the Products and Training Courses via the Website is subject to the GTC.

The Products and Training Courses are intended solely for sale to end consumers who are natural persons, or to non-professional legal entities within the meaning of the preliminary article of the French Consumer Code (hereinafter the “Customer”), to the exclusion of all resellers or intermediaries.

Consequently, the Customer declares that they are acting as an end consumer or as a non-professional and that they do not intend to resell the Products or provide the Training Courses for commercial purposes.

The Seller may update these GTC at any time. The GTC in force at the time of the conclusion of the contract are those that are binding on the Customer.

For any request or in order to exercise their rights under the GTC, the Customer may contact the Seller at the following address: SAS Éditions Jean Lenoir, 1600 chemin du plan d’olive, 13260 Cassis, France, or by email at the following address: commercial@lenez.com.

2. MANAGEMENT OF LOGIN CREDENTIALS

Login credentials are personal. The choice of credentials must comply with applicable legislation, in particular that prohibiting identity theft or the infringement of trademark or copyright.

It is the Customer’s responsibility to ensure the confidentiality of their login credentials. Any login to the account using these credentials is presumed to have been made by the Customer. The Customer is solely responsible for the use of their credentials by third parties and for any actions carried out through their account. The Customer shall indemnify the Seller against any claim made in this respect.

The Seller is not required to verify the identity of each Customer. Consequently, in the event of identity theft of a Customer, the Seller cannot be held liable. In any case, if a Customer suspects fraudulent use of their account, they must immediately notify the Seller.
The Seller shall use its best efforts to maintain the confidentiality and security of the Customer’s login credentials.Le Vendeur doit allouer ses meilleurs efforts afin de préserver la confidentialité et la sécurité des identifiants du Client.

3. AVAILABILITY OF PRODUCTS

The Products are offered for sale as long as they are visible on the Website and subject to available stock. Errors or modifications may exceptionally occur (such as miscalculation of available stock, simultaneous orders by different Customers for the same Product, etc.). In the event of a Product becoming unavailable after the Customer has placed an order, the Customer will be informed by email or by telephone as soon as possible.

The Customer may then:

• either order another Product as a replacement;
• or cancel the order.

The parties acknowledge and agree that the Seller shall not incur any liability in the event of a stock shortage or unavailability of the ordered Product.

The Seller reserves the right to change the Products offered on the Website at any time and without prior notice.

In order to ensure better service quality and Product availability for all Customers, the Seller reserves the right to limit the quantity of Products that may be purchased by a Customer.

4. PRICE

The prices of the Products are indicated in Euros, inclusive of all taxes for countries within the European Union. For orders delivered outside the European Union, taxes and customs duties may apply. These taxes and duties are the Customer’s responsibility and must be paid upon delivery. The total amount of the order does not include these taxes and duties.

Except in cases of reimbursement made in connection with the exercise of the right of withdrawal or for lack of conformity and hidden defects, the Seller will not refund the VAT applied to purchases made on the Website.

The Seller reserves the right to modify the prices of the Products at any time and without prior notice.

The Products are invoiced on the basis of the prices displayed on the Website at the time the order is placed, subject to the availability of the Products at that moment.

Orders must be paid in full at the time the order is placed.

5. RETENTION OF TITLE

In the event of fraudulent payment, the Seller expressly reserves ownership of the Product subject to the order.

6. SHIPPING

The purchased Products are delivered according to the terms specified on the Website, depending on the countries and applicable rates.

It is not possible to place an order for any delivery address located outside the delivery territory defined by the Seller. In this respect, the Customer accepts that the Seller may impose certain territorial restrictions that could make the delivery of the Product impossible depending on the Customer’s location.

The Products are shipped to the delivery address provided by the Customer when creating an account or during the ordering process. The Seller disclaims all liability in the event of an error in the delivery address.

The amount of delivery charges is calculated based on the Products selected, the total value of the order, and the chosen delivery method.

The delivery times are indicated on the website www.lenez.com.

Any failure or delay in the delivery of the Products must be reported to the Seller as soon as possible. Any claim made more than thirty (30) calendar days after the order validation date will not be considered.

In the event of non-compliance with the delivery deadline, the Customer may cancel the order by post or by email at the addresses specified in Article 1 of the GTC.

The Seller shall refund all amounts paid, no later than fourteen (14) days following the date of termination of the GTC.

If the Customer receives the Product after having exercised this option, they must return it in accordance with the provisions of Article 7.4, or contact the Seller to proceed with its payment.

7. RIGHT OF WITHDRAWAL

7.1. Withdrawal period

The Customer has a period of fourteen (14) days to exercise their right of withdrawal without having to provide any reason or pay any penalties.

7.2. Conditions for exercising the right of withdrawal

The Customer shall send an unambiguous statement expressing their intention to withdraw, or the withdrawal form provided for this purpose, by post or electronically to the addresses specified in Article 1.

If the Customer uses the withdrawal form, the Seller shall promptly send an acknowledgment of receipt of the withdrawal by email.

7.3. Restrictions

The Customer’s right of withdrawal cannot be exercised for leisure services that must be provided on a specific date or during a specific period. Consequently, the Customer does not have any right of withdrawal with regard to the Training Courses.

7.4. Product return

The Customer must return the goods to the address specified in Article 1 no later than fourteen (14) days after communicating their decision to withdraw. The Product must be returned in its original packaging and without any alteration.

The Customer is only liable for any depreciation of the Product resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the Product.

7.5. Refund

In the event of withdrawal, the Seller shall refund all payments received from the Customer, including delivery costs (except for any additional costs arising from the Customer’s choice of a delivery method other than the least expensive standard delivery method offered by the Seller), no later than fourteen (14) days from the day on which the Seller is informed of the Customer’s decision to withdraw.

The Seller shall carry out the refund using the same means of payment as that used by the Customer for the initial transaction, unless the parties expressly agree on a different method. In any case, this refund shall not incur any fees for the Customer.

The Seller may defer the refund until the Product has been received.

8. EXCHANGE

In the event of an exchange request, the Customer must specify the Product they wish to receive in exchange.

If the price of the replacement Product is higher than the price of the returned Product, the Customer shall pay the difference.

If the price of the replacement Product is lower than the price of the returned Product, the difference shall be refunded to the Customer by the Seller.

In the event of an exchange, the transport costs of the first delivery are refunded, but the transport costs of the second shipment are charged according to the chosen delivery method.

9. LEGAL WARRANTIES

The Products are subject to the following legal warranty conditions, to the exclusion of all other warranties:

9.1. Legal warranty of conformity

The Seller must deliver a Product that complies with its description and the purpose for which it is intended.

This warranty applies only if the Customer makes a claim within two (2) years from the delivery of the Product. Any lack of conformity that appears during this period is presumed to have existed at the time of delivery, unless proven otherwise.

The Customer may choose between the repair and the replacement of the Product, unless one of these options entails a manifestly disproportionate cost for the Seller.

If the repair or replacement of the Product is impossible, the Customer may:

• obtain a refund of the price paid and return the Product;

• or keep the Product and receive a partial refund of the price.

The return, replacement, or refund of the Product shall be carried out at no cost to the Customer and shall not preclude the awarding of any damages, provided that the Customer demonstrates the existence of a loss

However, the cancellation of the sale cannot be declared if the lack of conformity is minor.

9.2. Legal warranty against hidden defects

The Seller must provide the Customer with a Product free from hidden defects that would render it unfit for its intended use, or that so diminish its use that the Customer would not have acquired it, or would have paid a lower price for it, had they known of them.

This warranty applies only if the Customer makes a claim within two (2) years from the discovery of the defect.

In the event of a hidden defect, the Customer has the choice to:

• return the Product and obtain a refund of the price and the costs incurred by the sale;

• or keep the Product and obtain a partial refund of the price determined by the Seller.

In all cases, it is the Customer’s responsibility to prove that they meet the conditions of the warranty.

In the event of non-compliance or hidden defects, the Client shall return the Products to the address specified in Article 1 of the Terms and Conditions of Sale.

10. COMMERCIAL WARRANTY

The Seller guarantees the quality of the flavors used in the Product. The quality of the flavors shall be understood as the non-alteration of the Product’s flavors for a period of five (5) years from the date of delivery. This warranty shall apply only if the Client makes the request within this period.

In the event of a defect in the quality of said flavors, the Client may choose to:
return the Product and obtain reimbursement of the price and the costs incurred by the sale;
or keep the Product and obtain a partial refund of the price, as determined by the Seller.
In all cases, it is the Client’s responsibility to prove that the conditions of the warranty are met.

In the event of a defect in the quality of said flavors, the Client shall return the Products to the address specified in Article 1 of the Terms and Conditions of Sale.

11. EXCLUSIVE USE OF THE SITE CONTENTS

11.1. Exclusivity of rights over the Site contents

The trademarks, logos, slogans, graphics, photographs, animations, videos and texts contained on the Site (hereinafter the “Contents”) may not be reproduced, used or displayed without the prior, express and written authorization of the Seller, under penalty of legal action.

Any representation or reproduction, in whole or in part, of the Contents, by any means whatsoever, without the prior and express authorization of the Seller is prohibited and may constitute an infringement.

In particular, the Seller expressly prohibits:
the extraction, by permanent or temporary transfer of all or part of the Contents onto another medium, by any means and in any form whatsoever;
the reuse, by making available to the public all or part of the Contents of the database, in whatever form.
Acceptance of the Terms and Conditions of Sale constitutes an undertaking by the Client not to carry out any extraction or reuse of the Contents.

11.2. License to use the Site

The Seller grants visitors and Clients a personal, non-exclusive and non-transferable license authorizing them to access the Site and the data contained therein, in accordance with the Terms and Conditions of Sale.

Any other use of the Site and its content is excluded from the scope of this license and may not be carried out without the prior and express authorization of the Seller.

12. PROTECTION OF PERSONAL DATA

In order to offer you PayPal payment options, we may transmit your personal data to PayPal, including your contact details and order information, so that PayPal can assess whether you meet the requirements to benefit from such options and adapt them to your needs. Your transferred personal data will be processed in accordance with PayPal’s Privacy Policy.

In the context of operating the Site, the Seller may collect personal data. Such data is necessary for the proper performance of the Terms and Conditions of Sale and will be processed in accordance with the purposes specified at the time of collection.

The Client has the right to access and rectify the information concerning him/her, as well as the right to object to processing on legitimate grounds.

For this purpose, the Client may send a letter to the addresses specified in Article 1 of the Terms and Conditions of Sale.

13. APPLICABLE LAW – DISPUTES

The Terms and Conditions of Sale are governed by and construed in accordance with French law.

However, the Terms and Conditions of Sale do not prevent the application of a provision more favorable to the Client, which may not be waived by agreement, pursuant to the law of the country where the Client has his/her habitual residence.

Furthermore, the Terms of Use apply without prejudice to the observance of mandatory rules.

In any event, the Vienna Convention of April 11, 1980 shall not apply to the Terms and Conditions of Sale.

In the event of a dispute relating to the application and/or interpretation of the Terms and Conditions of Sale, the Client may have recourse to a conventional mediation procedure or to any other alternative dispute resolution method.

Any consumer dispute or claim may be settled amicably through mediation with the Federation of E-commerce and Distance Selling (FEVAD). The mediator may be contacted by mail at the following address: 60, rue de la Boétie, 75008 Paris, or by email at the following address: mediateurduecommerce@fevad.fr.