TERMS AND CONDITIONS OF SALE
1/ Preamble
These General Terms and Conditions of Sale are drawn up by LINDELL & Co, SASU with a capital of 2,000.00 euros, registered with the RCS of Paris under no. 502 952 112 - NAF 4759 B - SIRET 505 952 112 00014 - Numéro d'identification intra-communautaire / VAT Identification FR 08 502 952 112, whose registered office is located at 62, rue Condorcet, France.75009 Paris, hereinafter referred to as "LINDELL & Co",
LINDELL & Co holds the domain name and is the publisher of the website www.lindellandco.com.
2/ Definitions
The following definitions apply in these terms and conditions of sale according to the meaning indicated below (whether the terms are used in the singular or plural).
"General conditions of sale": refer to these general terms and conditions, applying to sales of products by LINDELL & co to any customer and to the use of the site by any user.
"Order" means the purchase order of the customer for one or more product(s).
"Site": means the website accessible at the address www.lindellandco.com edited by LINDELL & co.
"Product": means a product offered for sale on the website.
"Client" means any physical or legal person, consumer and/or professional, of a French or foreign nationality, who acquires one or more products, for his own needs, through the website (or by any other means) by having beforehand agreed to the General conditions of sale.
"Adressee": means the natural person designated by the customer to receive the order.
"User": means any physical person, acting on his or her behalf or on behalf of a legal entity, consumer and/or professional, who uses the website.
3/ Integrality
Upon each use of the site and each order, the customer accepts in advance and without reservation all the provisions of the general terms and conditions of sale.
In the event of disagreement with the general terms and conditions of sale, the customer/user must not use the website or place an order.
These general conditions of sale cancel and supersede all those previously communicated. They apply to all customers and users, notwithstanding their general terms and conditions of purchase.
Thus, no general or specific conditions contained in the documents sent or submitted by the client may be incorporated herein and will not be enforceable against LINDELL & co.
LINDELL & co reserves the right to adapt or modify these terms and conditions of sale at any time and without notice, the adaptations or modifications being applicable to any orders subsequent to these adaptations or modifications.
In case of modification, the General conditions of sale applicable to the customer's order are those which were online and which the customer accepted on the day of the placing of his order.
The general terms and conditions of sale may be supplemented by LINDELL & co if necessary by conditions specific to certain products, which supplement these general conditions and, in case of contradiction, prevail over the latter.
4/ Object
The purpose of these general terms and conditions of sale is to define the terms and conditions applicable (I) to the contractual relations between LINDELL & Co and the customer and in particular to any purchase of product(s) made by the customer on the site www.lindellandco.com (or by any other means) and (ii) the use of the site by any user.
5/ Acceptance and opposition of the general terms and conditions of sale
5.1/ Access
Any customer/user can take notice at any time of the general terms and conditions of sale accessible and printable on the website www.lindellandco.com by clicking on the hyperlink at the bottom of each page of the site.
5.2/client/user legal capacity
Only persons who are legally able to use the site and subscribe to contracts for products offered for sale on the site may place an order on the website.
By placing order, the customer/user declares and guarantees to have full legal capacity to adhere to the General conditions of sale, use the site, place order and conclude a sale.
The client/user physical person must be at least 18 years of age or have the authorisation of the person empowered on the date of validation of his order.
The client/user legal person must be represented by a natural person having any ability to validly engage the client/user.
The client that he or she is a natural or legal person may be a consumer or a professional residing in France or abroad.
5.3/ Acceptance of the general terms and conditions of sale
Any use of the website and any placing of order of one or more product(s) through the site (or by any other means) implies the prior, irrevocable and unqualified acceptance of the entire general terms and conditions of sale by the Client/user.
The client/user acknowledges that they have taken full cognizance of the terms and conditions of sale and expressly declares to accept them irrevocably and without reservation as soon as he has confirmed his order on the site.
Regarding orders that are not placed online on the site (email, telephone, etc.) the customer acknowledges having taken full knowledge and expressly declares irrevocably and unconditionally accept the general terms and conditions of sale as soon as it receives and does not dispute its order confirmation email.
The applicable general conditions of sale are those in force on the site on the date of the validation of the order by the customer.
The general terms and conditions of sale are valid for the duration necessary for the supply of the products, until their warranties are extinguished.
6/ Product characteristics and prices
6.1/ Consultation of product characteristics
LINDELL & Co presents on its site the products as well as their detailed descriptions allowing the customer to know, before the final order taken, their essential characteristics.
The photographs of the products presented on the site are the most faithful possible but cannot guarantee a perfect similarity with the products offered, especially with regard to the colors.
Prior to any order, the customer may at any time ask LINDELL & co any additional information that he deems necessary by phone + 33 1 43 57 43 42 or by email [email protected].
6.2/ Availability of products and validity of the offer
The offers of the products as well as the prices appearing on the site are valid for the current day. A product that has become unavailable is indicated with the word "out of stock".
It is also clarified that the mere fact of adding a product in the basket is not worth order validation. In other words, the product may become unavailable between the time of the addition in the basket and the validation of the order by the customer.
In case the unavailability of the product is determined after the payment has been validated, LINDELL & co undertakes to cancel the order and to reimburse the full price paid by the customer. In this case the reimbursement will be made without delay and at the latest within fourteen (14) days of payment of the sums paid by the customer on the credit card of the customer used during the order or by bank transfer by requesting the customer's bank details.
6.3/Price
The prices of the products presented on the site are indicated in euro all taxes included (TTC).
They are applicable during the validation of the order by the customer and do not include the participation in the transport costs, invoiced in addition and indicated on the summary page of the order before the validation.
The value added tax ("VAT") is invoiced in accordance with the legislation in force between France and each country of destination. The final price includes the applicable VAT rate
The articles subject to VAT are in French VAT. Any change in the legal rates of French VAT will be passed on to the prices of the products presented on the website, on the date stipulated by the implementing decree referring thereto.
6.4/ Reservation of ownership
Lindell & Co shall retain full ownership of the Products sold until full payment, including principal, costs and taxes, has been received.
7/ Payment
The total amount of an order is comprised of the price incl. items and shipping costs. You can use the following payment method: Stripe (Visa, MasterCard and American Express).
If the payment is refused by the authorisation centre, we will not be able to proceed with the dispatch of the order.
8/ Order confirmation
Subject to payment being received in full, you will receive a confirmation email as soon as we receive your Order. Please make sure you have this email reference for all correspondence. If you do not receive this confirmation email, please contact : [email protected].
9/ Modification of your order
If the customer wishes to change the delivery address or add products to his order, he can contact by mail: [email protected]. No modification of order will be accepted once the products have been shipped.
10/ Delivery
10.1/ Delivery costs
The shipping costs dedicated to our online sales site have been determined according to the volume and weight of the product based on the current rates of La Poste and our carriers.
The customer will be responsible for any customs clearance and local VAT charges.
10.2/ Delivery times
Small and medium-sized items are shipped by a carrier (UPS, DHL, etc.) within 2 to 5 working days after confirmation of the Order, subject to the availability of the Product. If one or more items are no longer available without this being indicated in the Product description, the Customer will be informed by email or telephone and LINDELL & Co will proceed with the reimbursement of these items by crediting the card used to pay for the Order or by bank transfer, requesting the Customer's bank details.
The larger items will be sent within a larger timeframe, depending on the information on the product sheet.
10.3/ Sending
All orders placed on the LINDELL & Co online sales site can only be sent to the proposed destinations. For all requests to ship to non-provided areas, please contact : [email protected].
11/ Right of withdrawal (excluding custom made product)
In accordance with articles L221 and following of the consumer code, the customer has a period of time up to the fourteenth (14th) free day following the date of receipt of the products to exercise his right of withdrawal on all or part of his order, without having to justify reasons or to pay penalties with the exception of the cost of return that will be borne.
The withdrawal period begins on the day the Order is placed and ends on the fourteenth (14th) clear day following the date of receipt of the Product: when the fourteenth (14th) day expires on a Saturday, Sunday or public holiday, it is extended until the next working day. LINDELL & Co recommends that customers wishing to exercise their right of withdrawal inform us by e-mail: [email protected].
The customer wishing to exercise his right of withdrawal must send to LINDELL & co by email and/or mail the withdrawal form available by clicking on this link (English version) duly completed and signed by his care. It must also and imperatively comply with the terms of return of the product as defined in article 13 hereof.
Subject to the perfect compliance with the terms of return, the customer will be reimbursed by LINDELL & co in accordance with the provisions of article 14.
Exception for custom made products:
As the elaboration and manufacture of tailor-made Products is carried out on the basis of specifications specifically established with the Client and for its own needs, no retraction may be accepted by LINDELL & Co; the Order being considered firm and irrevocable as soon as it is validated by the Client.
12/ Warranties
12.1/ Transportation-related warranty
Assuming the risks associated with the transport, LINDELL & co undertakes to deliver the products ordered by the customer in a closed, resistant packaging, suitable for the contents and the requirements of the transport.
The transport guarantee is only valid if the customer or his consignee has signed the delivery note or freight receipt submitted by the carrier on which he has taken care to issue precise, dated and signed handwritten reserves. By affixing its signature on the delivery note or the transport receipt, without issuing a reservation, the customer acknowledges that his parcel has not been damaged during transport. In case of dispute, the original packaging must be kept until the dispute is resolved.
LINDELL & co advises the customer or his addressee to inform us by mail: [email protected]within a maximum of 72h from the date of delivery. After this period no complaints will be taken into account. This claim must be reasoned and accompanied by proof of the damage suffered (photos, etc.)
Subject to the validation of the claim by LINDELL & co, any product damaged or lost during transportation will be replaced. The return of the damaged product(s) may be requested by LINDELL & co at the expense of LINDELL & Co.
12.2/ Legal compliance guarantee
In accordance with article 211-1 and following of the consumer code, LINDELL & co undertakes to issue a product conforming to the order validated by the customer and complies with the defects of conformity existing on delivery.
LINDELL & co recommends to the customer who wishes to exercise his right of guarantee to inform us as soon as he is aware by mail to [email protected] or by phone at + 33 1 43 57 43 42. This claim must be reasoned and accompanied by proof of the damage suffered (photos, etc.). In the event of a failure to comply, the customer may apply to the exclusion of any other penalty, indemnity or damages: either the replacement of the product (within the limits of the stocks available on the day of the return of the product) or the refund of the product transportation costs included.
The legal guarantee of conformity applies only to the essential characteristics of the products.
The photographs of the products presented on the site are the most faithful possible but cannot guarantee a perfect similarity with the products offered, especially with regard to the colors.
All of our textile creations (cushions, carpets, embroidered skins, tapestries, plaids and stoles) are entirely handcrafted. A slight variation in size (4%) or colour may be ascertained and does not constitute a non-conformity of the product.
12.3/the legal guarantee of hidden defects or defects
In accordance with articles 1641 and following of the civil code, the customer also benefits from the legal guarantee of latent defects on the products sold on the site www.lindellandco.com.
The implementation of the legal guarantee of conformity does not preclude the action for the guarantee of latent defects.
Four (4) conditions must be met so that the customer can benefit from this guarantee:
- The defect or defect affecting the product purchased is serious
- The defect must be hidden;
- The defect existed before the purchase even if it was subsequently manifested;
- It must not be the consequence of misuse of the product.
Finally, in order to benefit from the guarantee, the customer must act as soon as possible two (2) years from the day on which the defect was discovered.
If the four (4) conditions are met the client may apply to the exclusion of any other penalty, indemnity or damages:
- replacement of the product (within the limits of the stocks available on the day of the return of the product),
- or the reimbursement of the product including transport costs.
- or keeping of the Product by the customer with reduced price.
12.4/implementation of safeguards
Subject to compliance by the customer with the terms referred to in this article 12 above, LINDELL & co undertakes to reimburse or Exchange defective products damaged or damaged or not corresponding to the customer's order in accordance with article 14.
12.5/customer's claim
The implementation of the safeguards must be the subject of a request made by e-mail to the [email protected]or by phone at + 33 1 43 57 43 42.
The complaint must be reasoned and accompanied by the proof of the damage suffered (photos, etc.). The customer must also indicate whether he wishes to replace the product or to refund it.
NB: the claims or disputes will always be received with attentive kindness, the good faith being always presumed in the one who takes the trouble to expose the dispute.
12.5.1/ Acknowledgement of receipt of claim
Upon receipt of the complaint made by the customer, LINDELL & co undertakes to send to the customer an acknowledgement of receipt indicating the consideration of his claim.
12.5.2/customer compensation/product replacement
In the event of a replacement arising from a customer's claim implementing any of its warranties, unless otherwise agreed by the parties, the product(s) will be shipped promptly and LINDELL & co will contact the customer or its Addressee no later than 2 working days after the acceptance notification of support by LINDELL & Co.
Subject to compliance by the customer with the terms of this article 12, in the event of reimbursement of the product arising from a claim by the client implementing one of its warranties, the reimbursement without delay and no later than fourteen (14) days the date of "acceptance notification of support" will be made. The refund included: the price of the product(s) subject to the claim, the transport costs associated with the product (ies) on the basis of the invoiced price, the costs of returns incurred by the customer upon presentation of a voucher (invoice, etc.) without any other penalty or indemnity of any kind.
13/ Return conditions for products (excluding custom made products)
The customer has a legal deadline of fourteen (14) days from the day of receipt of his order to notify LINDELL & co of his intention to return to us all or part of the products ordered and the reason for this return (legal withdrawal or default of compliance).
The return of the product(s) is carried out in their original packaging, intact, accompanied by all possible accessories and documentation, in perfect condition of resale, with the indication of the order number to which the product (s) relates (NT). The product must be returned in the original packaging or a package intended for this purpose, not allowing the identification of the product (postal parcel, bubble envelope, kraft paper, etc.). Any product that is damaged, incomplete, absent or whose original packaging has been deteriorated will not be refunded or exchanged and will be returned to the customer at its own expense. LINDELL & Co recommends that the customer make the return of his products with a recommendation or an additional insurance guaranteeing him, where appropriate, the compensation of the products at the level of their real market value in case of spoliation or loss of the parcel (or packages).
Return address:
LINDELL & Co
62 Condorcet Street
75009 Paris
France
14/ Reimbursement
In the event of exercising the right of withdrawal in accordance with article 11 or the implementation of one of the guarantees in accordance with article 12, and subject to compliance with the return arrangements referred to in article 13 above, LINDELL & co shall be required to reimburse the the client of the sums he paid, without penalty.
Reimbursement shall be due without delay and no later than fourteen (14) days after the date of receipt of the returned product(s).
Shipping and return costs are:
- at the expense of LINDELL & Co in case of returning a Product with hidden defect or non-complying.
- to the customer in the event of a return of the product due to a legal withdrawal
15/ Privacy / Personal data
The confidentiality and security of your personal data is very important, which is why we collect and manage it with the utmost care. We implement specific measures to preserve security.
Below you will find the main information on how LINDELL & co treats your personal data collected during your browsing on www.lindellandco.com and in relation to the use of the services offered.
To learn more about managing your personal data by LINDELL & co, please read our privacy policy.
Some services may be subject to specific legal terms, in which case we will ensure that all appropriate information is provided on a case-by-case basis.
Who's in charge?
The following is the main information on the processing of your personal data by SARL LINDELL & Co, with registered office at 62 rue Condorcet, 75009 Paris, France, in its capacity as data controller.
For any clarification, request or need related to your privacy and the processing of your personal data, you can contact us at any time by emailing : [email protected], telephone + 33 1 43 57 43 42 or by writing to the address of LINDELL & Co 's headquarters.
What data do we process and why?
The personal data that LINDELL & co treats are those that you provide to us when you place an order and you buy an item as well as the items we collect during your browsing or when you use the services available on www.lindellandco.com.
LINDELL & co can therefore collect data about you such as your first and last name, shipping address and billing address, browsing data and your shopping habits.
Your personal data is processed for the following purposes:
-conclude and execute the purchase contract of the items for sale on www.lindellandco.com;
- provide you with the services of www.lindellandco.com such as subscribing to the newsletter;
-allow you to register on the site to benefit from the services reserved for registered users;
- manage your requests;
In the aforementioned cases, the processing of your personal data is legitimate, as it is necessary for the proper execution of the contract with you or for the implementation of a service that you have expressly requested from us. In addition, we inform you that we may conduct statistical studies and analyses with data in aggregated and anonymized form to understand how users interact and use the site, in order to improve our offer and our services.
Only with your prior consent, we process your personal data to:
- carry out commercial communication activities;
- personalize the website on the basis of your interests.
Who will process your data?
Your personal data are processed by a staff duly trained by our company and, for organisational and operational requirements relating to the delivery of services on www.lindellandco.com, by our providers. The latter were evaluated and selected by LINDELL & co because of their reliability and competence. Some of these providers may also have their headquarters in States outside the European Union and, in such cases, the transmission of your personal data to those countries will be carried out in accordance with the law.
How long do we keep your data?
We keep your personal data for a limited time that depends on the purpose for which it was collected. At the end of this period, your personal data will be deleted or anonymized irrevocably. The period of preservation depends on the purpose of the treatment: for example, the data collected during the purchase of articles on www.lindellandco.com are processed until all the administrative and accounting formalities are concluded, and then they are archived in accordance with the local tax regulations (ten years), while those used to send you our newsletters will be kept until you unsubscribe.
What are your rights?
At any time, depending on the specific treatment, you can: revoke your consent to the treatment, know your personal data in our possession, their origin and how they are used, request the update, the rectification or integration as well as, in the cases provided for in the provisions in force, the deletion, the limitation of the treatment or oppose to their treatment. If applicable, you may request to receive personal data concerning you in the possession of LINDELL & co in a format readable from an electronic device and, where technically possible, we will be able to transmit your data directly to a third party that you have designated. If you believe that the processing of your personal data has been exercised in an illegitimate manner, you may file a complaint with one of the competent supervisory authorities to comply with the data protection standards at Personal.
This information note may undergo changes and integrations over time, so we invite you to periodically check the contents. To the extent possible, we will inform you in good time of the changes made.
16/ Intellectual property and counterfeit goods
LINDELL & co is the owner of all intellectual property rights attached to the products and in particular the rights to designs.
Any reproduction, representation, modification, publication, total or partial adaptation of a product or of any of its elements, whatever the means or process used, is strictly forbidden and considered to constitute a counterfeit accordance with the provisions of articles L. 335-2 et seq. of the intellectual property code.
17/ Applicable law
The General Terms and Conditions of Sale are governed by French law. In the event of a dispute, the Customer may file a claim with LINDELL & Co by e-mail at [email protected] or by telephone on +33 1 43 57 43 42 to seek an amicable solution. In the absence of an amicable agreement between the Parties, the dispute will be submitted to the French courts, which have sole jurisdiction in the matter.