TERMS OF SALES

Welcome to the Lucas du Tertre online store!


These general conditions of sale (hereinafter the “CGV”) are concluded between the company LUCAS DU TERTRE (hereinafter “LDT”) and any natural person having the status of consumer, making a purchase via the Lucas online store du Tertre (hereinafter the “Client”), accessible at the address www.lepetitlucasdutertre.com (hereinafter the “Site”).

Name of seller

LUCAS DU TERTRE
SAS with capital of 592.39 euros, registered with the Paris RCS under number 451 760 441
117 Rue de Turenne – F-75003 Paris
Email address: contact@lucasdutertre.com
Telephone: +33 1 42 36 42 07
Intracommunity VAT number: FR51451760441

Acceptance of the General Terms and Conditions

By validating his order, the Customer acknowledges having read these T&Cs and expressly declares to accept all of these T&Cs without reservation. These T&Cs will prevail over all other conditions appearing in any contradictory document, the act of purchase entailing acceptance of these T&Cs.

This confirmation as well as all emails and data that LDT has recorded will constitute proof of existing transactions between LDT and the Client. As such, LDT will retain all elements relating to orders for a period of ten years.

These General Terms and Conditions are subject to change at any time and without notice. The new General Terms and Conditions will come into force on the date of their publication on the Site. In the event of modification of the General Conditions of Sale, the applicable General Conditions of Sale are those in force on the date of the order.

The General Conditions of Sale are drawn up in French in their original version which alone is authentic and prevails over any other version.

Product characteristics

LDT specializes in the creation and marketing of handmade clothing and household linen products (hereinafter the “ Products ”).

Information relating to all LDT Products is present on the Site. Each Product is presented as follows:

— a detailed technical description (name, size, color, and, where applicable, maintenance and use instructions);
— a firm and final price indicated in euros, all taxes included (TTC), excluding delivery costs. LDT reserves the right to modify the price of the products at any time, the applicable price being the price in effect on the day of the order;
— a photograph (having only an illustrative value, and does not enter into the contractual field. If errors are introduced, under no circumstances can LDT be held liable).

The products comply with the requirements in force in France relating to the safety and health of people, the fairness of commercial transactions and the protection of consumers at the time of their placing on the market (article L. 411-1 of the code consumption).

Any order constitutes acceptance of the prices and description of the products.

Placing the order

In accordance with article 1369-5 of the Civil Code, the placing of an order is materialized by the completion of the following steps:

1) Choice of Product : The Customer consults the sheet presenting the Product. The status of available stock is indicated. The Customer selects the Product(s) he wishes to order;

2) Verification of the order :
the Customer checks the contents of the order, while retaining the possibility of deleting the Products he has selected before validation of the basket by the Customer,

3) Identification : the Customer must
complete the “guest” identification form or create an account by providing mandatory personal information (title, surname, first name, or company name, address, email, telephone number);

4) Delivery method : the Customer chooses the delivery method;

5) Payment method : the Customer chooses the method of payment for the Order and proceeds to said payment. The Customer must confirm his acceptance of these General Terms and Conditions by checking the corresponding box. Validation of the order is only possible after checking this box. After this step, the Customer can no longer modify and/or cancel his order.

6) Order confirmation : LDT sends an email confirmation and summary of the Order to the Customer (the “Order Confirmation ”).
The Customer is advised to keep and print this document, official proof of his order.

The order may be modified at any time until its final confirmation by the Customer, which constitutes definitive acceptance of the offer and triggers the processing of his order.

LDT reserves the right to cancel any order from a Customer with whom there is a dispute relating to the payment of a previous order or which does not comply with these General Terms and Conditions.

The information provided by the Customer when placing the order is his sole responsibility. In the event of an error in the wording of the Customer's contact details, LDT cannot be held responsible for the impossibility in which it may be unable to deliver the product.

7) Confirmation of dispatch of the order : the Customer receives an e-mail summarizing the content of his order and confirming dispatch. The contract is deemed to be concluded on the date this e-mail is sent.

8) Order Tracking : A carrier tracking number is communicated to the Customer when their order is validated.

If the Customer wishes to obtain information regarding the tracking of his order, he can connect to the website of the chosen carrier.

Product availability

The Products visible on the Site are available while stocks last. Consequently, and unless the Company validates a final order, it in no way guarantees the maintenance of the Products for a given period, nor their price.

In the event of unavailability of the Products after placing and paying for the order, LDT will inform the Customer by e-mail. The order is then automatically canceled and no bank debit will be made or the Customer will be reimbursed by bank transfer.

LDT incurs no liability in the event of stock shortage or unavailability of Products for orders not yet accepted by LDT.

LDT reserves the right to change the Products offered on the Site at any time and without notice.

In order to ensure better quality of service and availability of its Products to all
Customers of the Site, LDT reserves the right to limit the quantity of Products that can be purchased by a Customer, in accordance with the applicable provisions in this area and in particular those of Article L.121-11 of the French Consumer Code .

While every effort is made to ensure that the color and pattern of the Products photographed
displayed on the Site are faithful to the original Products, variations may occur, in particular due to technical limitations in color rendering on the Customer's computer equipment. Consequently, LDT cannot be held responsible for non-substantial errors or inaccuracies in the photographs or graphic representations of the Products appearing on the Site.

LDT reserves the right not to accept an order from a Customer with whom it is in dispute for a previous order, or if LDT reasonably considers that this Customer has violated these General Terms and Conditions or that he has engaged in an activity fraudulent, or for any other legitimate reason.

Payment for products

Product prices

Prices are in euros,
all taxes included, excluding shipping costs, depending on the delivery method chosen by the Customer. Furthermore, the Company reserves the right to modify its prices at any time. The Products will be invoiced on the basis of the prices in effect on the day of the order, subject to availability of the Products ordered at that time.

All orders are payable in Euros and must be paid immediately upon placing the order.

Customs duty

In the event of an order to a country outside the European Union, the price will be calculated excluding taxes automatically on the invoice. Any order placed on the Site and delivered outside mainland France may be subject to customs duties and possible taxes which are imposed when the package reaches its destination, the Customer being the importer of the product concerned.

These duties and taxes, linked to the delivery of the product, are the responsibility of the Customer and are their responsibility. LDT is not required to verify and inform the Customer of applicable customs duties and taxes. To find out about them, it is up to the Customer to obtain information from the competent authorities in their country.

Payment Terms

Unless otherwise agreed, payment for the order is due immediately on the date of validation of the basket by the Customer.

Payment is made in Euros by Carte Bleue, Visa, MasterCard or Paypal account to the order of LUCAS DU TERTRE. Payment is made by the Customer according to banking security standards.

Payment confirmation - Payment incident

Upon receipt of payment, LDT confirms said payment with the Order Confirmation, by e-mail to the address provided by the Customer.

The order validated by the Customer will only be considered accepted by LDT after effective collection of the sums due to LDT. In the event of refusal of bank acceptance, LDT reserves the right to cancel the current order placed by the Customer.

In accordance with the provisions of article L.221-11 of the Consumer Code, the Customer will receive, at the latest upon delivery, for each item, written confirmation of the price paid detailing the price of the items and the shipping costs. delivery if necessary at his expense.

Shipping and Delivery

Delivery methods:

The Products are delivered to the location indicated by the Customer as the “delivery address” at the time of the Order, this address may be different from the “billing address” or to the address of the relay point selected by the Customer .

Delivery delay :

Delivery of the products will take place on the date or within the period indicated by LDT, or at the latest within thirty (30) days following the date of the order, in accordance with the delivery method chosen by the Customer when ordering.

The date the Products are made available depends on the stock status, the date the order is shipped and the availability time induced by the delivery method.

The dates and delivery times indicated by LDT are given for information purposes only. LDT reserves the right to postpone previously announced deadlines. Delays may occur due to unforeseen circumstances or for reasons related to the delivery location.

LDT cannot be held responsible in the event of reasonable delays or inability to perform its contractual obligations linked to force majeure events according to current case law. With the exception of deliveries to France, LDT declines all liability in the event that the Product delivered does not comply with the legislation of the country of delivery. Lucas du Tertre is not responsible in the event of late delivery, loss or damage due to the carrier chosen by the customer.

Receipt of delivery:

Upon receipt of the order, it is up to the Customer, or the authorized recipient designated by him, to take physical possession of the Products ordered, and to verify their conformity with the order, before signing the delivery note.

In the event of a problem, the Customer must express his reservations to the carrier, on the delivery note, and within forty-eight (48) hours by email to the address: contact@lucasdutertre.com with confirmation by registered letter with acknowledgment receipt to customer service at the following address: Lucas du Tertre, Claims Department, 117 rue De Turenne, 75003, Paris.

No complaint about the condition of the Products delivered will be admissible if the delivery note has been signed, without reservation.

Legal guarantees

All Products offered on the Site are subject to the legal guarantee of conformity (articles L. 217-4 et seq. of the Consumer Code) and to the guarantee of hidden defects (articles 1641 et seq. of the Civil Code), exclusion of all other guarantees.

These guarantees allow the Customer to return defective Products delivered and the corresponding items are recalled in Appendix 2 .

LDT will refuse any claim relating to Products which have been used inappropriately or more
generally due to use not in accordance with its intended purpose.

Any complaint concerning the Products as such and without links to delivery must be made by email to the address contact@lucasdutertre.com followed by written confirmation sent by registered letter with acknowledgment of receipt to customer service at the address next :

Lucas du Tertre - Claims Department, 117 Rue de Turenne, 75003 Paris

Legal guarantee of conformity:

LDT will deliver to the Customer a Product conforming to the Order and free from defects in conformity upon delivery.
delivery of said Product, in that the Product will be suitable for the use usually expected of a similar good and that it will present the characteristics presented during the sale. LDT is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been its responsibility by the contract or has been carried out under its responsibility.

Legal guarantee against hidden defects:

LDT will provide the Customer with a Product free from hidden defects which would make it unfit for the use for which it is intended, or which reduce this use to such an extent that he would not have acquired it, or would have only given a lesser one. prices, if he had known them.

These guarantees will only apply on the condition that the Customer makes the request within twenty-four (24) months from the delivery of the Product (for the legal guarantee of conformity) or the discovery of the defect (for the legal guarantee against hidden defects).

Defects in conformity which appear within twenty-four (24) months from delivery are presumed to exist at the time of delivery, unless proven otherwise.

It is up to the Customer to check that the Products delivered correspond to their order as detailed in the Order Confirmation, and if not, to return the products (i) after having informed LDT by any means, and (ii) within their original packaging, or in packaging providing equivalent protection, in perfect condition, unused and accompanied by all accessories and documents provided (notes, warranty, certificate of authenticity, etc.) as well as a copy of the invoice attached to the delivered products.

Return costs are directly covered by LDT, within the limit of one return shipment of products per order.

If no exchange is possible and if the Customer does not wish to have a credit, the reimbursement will be made by credit to the Customer's bank account, at the latest within fourteen days following receipt, by LDT, of the returned products. .

As part of the legal guarantee of conformity, the Customer: (i) benefits from a period of two (2) years from delivery of the goods to act; (ii) can choose between repairing or replacing the goods, subject to the cost conditions provided for by article L.217-9 of the Consumer Code; and (iii) is exempt from providing proof of the existence of the lack of conformity of the goods during the period of two (2) years.

The legal guarantee of conformity applies independently of any commercial guarantee granted.

The Customer may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.

Reservation of title

The Products remain the entire property of LDT until full and effective payment of their price by the Customer. However, the Customer assumes the risks (in particular loss, theft or deterioration) concerning the Products delivered from the moment they are delivered to the address indicated when ordering.

In the event of full or partial non-payment by the Customer, LDT may, without prior notice, claim the Products which have been delivered to the Customer.

Withdrawal

Terms

In accordance with articles L. 221-18
et seq. of the Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Products, by the Customer or any third party designated by the latter, to exercise his right of withdrawal without having to justify reasons or to pay penalties, with the exception of the cost of returning the Product.

In order to be able to exercise this right of withdrawal, the Customer must notify his decision to withdraw from the
contract to customer service who will indicate the return address. This notification must be unambiguous, for example by email or postal mail within the fourteen (14) day period mentioned above.

A model withdrawal form, not obligatory, is available in Appendix 1 of these General Terms and Conditions.

The Customer is advised to keep all proof of this return.

The terms and conditions for returning Products are described below:

The Products must be returned in their initial condition, in their original packaging, where applicable accompanied by their accessories and instructions for use and documentation, in perfect condition for resale, to the following address:

Jem Logistique, 5 rue Louis Armand - Lot n.4, 94190 Villeneuve Saint Georges

The costs and risks linked to the return of the Products are the responsibility of the Consumer Customer.
Any product which has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.

In the event of withdrawal, LDT will reimburse all payments received from the Customer, including delivery costs, with the exception of additional costs arising from the fact that the Customer has chosen, where applicable, a delivery method other than the current method. less expensive standard delivery offered by LDT, without undue delay, and in any event, no later than fourteen (14) days following receipt by LDT of the returned Products.

Reimbursements will be made via the payment method used by the Customer, or at the Customer's choice, in the form of credit notes.

Case of exclusion of withdrawal

In accordance with the provisions of article L. 221-28 of the Consumer Code, the right of withdrawal cannot be exercised for:

- goods made according to the Customer's specifications or clearly personalized or which, due to their nature, cannot be returned or are likely to deteriorate or expire quickly.
- for hygiene reasons, textile products delivered with hygiene seals when these have been removed, clothing which has been visibly worn and/or washed, jewelry such as piercings and earrings.

Personal data

The information collected from Customers on the Site is intended for the exclusive use of LDT.

LDT only collects from Site Customers the nominative or personal information necessary for the proper execution of orders. This information is essential for the processing and delivery of orders, as well as the preparation of invoices. Otherwise, the order placed by the Customer cannot be validated.

In the event that the Customer decides to create an account on the Site, his information is stored and protected by a password that the Customer chooses. This information is strictly confidential and is intended for LDT exclusively. They are processed in strict compliance with the provisions of the “Informatique et Libertés” law n° 78-17 of January 6, 1978 and regulation 2016/679, General Data Protection Regulation.

As such, LDT undertakes in particular to (i) guarantee the confidentiality of personal data
processed hereunder by implementing appropriate security measures in its field of activity, (ii) ensure that the persons authorized to process personal data hereunder undertake to respect the confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training in the protection of personal data, and (iii) that its possible subcontractors comply with the legal obligations on behalf and in accordance with the instructions of LDT.

At any time, the Customer has the right to access, modify, rectify and delete data concerning him or her. To exercise this right, he can make a request to LDT by email at the address: contact@lucasdutertre.com .

Subject to validation by an “opt-in” from the Customer, personal information (personal data, e-mail address, gender, etc.) may also be used by LDT and/or its partners for commercial purposes such as sending messages. newsletter or solicitations.

The Site, to better meet the Customer's needs and personalize them, uses cookies. The purpose of the cookie is to signal your visit to the Site and can be used for the operation and processing of orders placed on the Site.
The Customer is informed that this automated processing of information was the subject of a declaration to the National Commission for Information Technology and Liberties dated September 16, 2012 under
the number 1615528
[LB1] .

Intellectual property

The Site is the exclusive property of LDT (web pages, images, script sources, graphics, photographs or any other content distributed on the Site, etc.). Consequently, they cannot be reproduced, exploited or used for any reason whatsoever without authorization from the publication director.

LDT Products, LDT brands and more generally all brands, illustrations, images, designs and logos appearing on the Site and/or the Products sold by LDT are and remain the exclusive property of LDT. The Client cannot therefore distribute or reproduce these elements, totally or in part, in any form whatsoever, without the express prior written authorization of LDT.

The Customer unreservedly recognizes LDT's intellectual property as such and undertakes not to infringe it in any way. More specifically, the Customer expressly undertakes not to manufacture, sell, license or market in any way whatsoever, directly or through a third party, for its own benefit or for the benefit of a third parties, the Products, imitations or reproductions of the Products or the intellectual property rights relating to the Products and brands belonging to LDT.

Force majeure

The execution by LDT of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure within the meaning of case law which would prevent or delay its execution. LDT will inform the Customer of a similar fortuitous event or force majeure within seven (7) days of its occurrence.

In the event that this suspension of the execution of LDT's obligations continues beyond a period of fifteen days, the Customer will then have the possibility of terminating the current order and it will then be reimbursed by LDT within as soon as possible by credit to the Customer's bank account.

Disclaimer

LDT cannot be held liable in the event of non-performance or poor performance of the contract due either to the Customer's actions, or to the insurmountable and unforeseeable act of a third party to the contract, or to a case of force majeure.

The Company declines all liability for any losses or indirect, special or incidental damages resulting therefrom.

The Company's liability may be incurred in the event of proven fault or serious negligence and will in such a case be limited to direct and personal damage, to the exclusion of any indirect damage of any nature whatsoever.

Non-waiver

The fact that LDT refrains from requiring at a given time the execution of any of the stipulations of these General Terms and Conditions cannot be interpreted as a waiver of the right to subsequently invoke said total or partial non-performance.

Validity of the general conditions of sale

If any of the stipulations of these T&Cs is declared void in whole or in part, the other stipulations and the other rights and obligations arising from these T&Cs will remain unchanged and will remain applicable, unless it is an impulsive clause and determining factor which led one of the parties to conclude the sales contract.

Applicable law – Dispute Resolution

These General Terms and Conditions are subject to French law, unless otherwise mandatory. The language of these General Terms and Conditions is French.

In the event of difficulties in applying these General Terms and Conditions, the Customer will first contact LDT customer service.

Any complaint relating to an order must be submitted:

— to the following postal address:
Lucas du Tertre
Claims Service
117 Rue de Turenne,
75003
Paris

— or by e-mail: contact@lucasdutertre.com

In the event of failure of the complaint request, the Customer will have the possibility, before any legal action, to seek an amicable solution in the settlement of any dispute that may arise during the execution of the contract by resorting to a consumer mediator. under the conditions provided for in Title I of Book VI of the Consumer Code.

In accordance with Ordinance No. 2015-1033 of August 20, 2015 and Implementing Decree No. 2015-1382 of October 30, 2015, any dispute or so-called consumer dispute, subject to Article L.612-2 of Consumer Code may be the subject of an amicable settlement through mediation with the CMAP – Paris Mediation and Arbitration Center. To submit a dispute to the mediator, the Customer can (i) complete the form on the CMAP website: www.cmap.fr tab “you are: a consumer” (ii) send their request by simple or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to consommateurs@cmap.fr . Regardless of the means used to enter the CMAP, the Customer's request must contain the following elements to be processed quickly: their postal, email and telephone contact details as well as the full name and address of LDT, a brief statement of the facts, and proof of prior steps taken with LDT.

Notwithstanding the above, in the event of a dispute, the French courts will have sole jurisdiction.

ANNEX 1

Withdrawal form template

Please complete and return this form only if you wish to withdraw from your order.

TO THE ATTENTION OF
Lucas de Tertre
10, rue Saint Marc
75002 Paris
Email address: contact@lepetitlucasdutertre.com

I hereby notify you of my withdrawal from my order for Lucas de Tertre products below:
Ordered on (*)/received on (*):........................................ .................................................. ................
Client name :.............................................. .................................................. .............................
Customer address:........................................................ .................................................. .........................

Signature of the client (if notification of the form on paper):................................................ .............
Date :..............................
(*) Delete what is unnecessary.

ANNEX 2

Article L. 217-4 of the Consumer Code: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. ".

Article L. 217-5 of the Consumer Code: “The good complies with the contract:
1º If it is suitable for the use usually expected of similar goods and, where applicable:
– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
– if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2º Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »

Article L. 217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed two years from the delivery of the good. »

Article 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer does not would not have acquired, or would have only given a lower price, if he had known them.

Article 1648 paragraph 1 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect”.