GENERAL TERMS AND CONDITIONS OF SALE

 

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Updated on 14/09/2020

The company JINGHI manufactures and markets directly or indirectly its articles (clothing and accessories) under the brand name and commercial name LEMAIRE worldwide.
JINGHI is a simplified joint-stock company with a capital of 18,580 euros, registered in the Paris Trade Register under number B 381 279 165, with its registered office at 170, rue du Temple (75003) PARIS, telephone: +33 1 44 78 00 01, email: customerservice@lemaire.fr , intracommunity VAT number: FR 47572034361 (hereinafter referred to as LEMAIRE or the LEMAIRE company).


Article 1: scope of application

The present "General Terms and Conditions of Sale »(hereinafter to as the GTCS) apply to distance selling of LEMAIRE articles and are reserved for consumers acting exclusively for their personal use (hereinafter the customer), being specified that French law applies to any order placed via the LEMAIRE website available at www.eu.lemaire.fr (hereinafter the site) or by telephone with the sales advisors of LEMAIRE boutique, regardless of the delivery country chosen by the Customer.

Any order not corresponding to a retail sale and, more generally, any fraudulent order may be refused by LEMAIRE. LEMAIRE therefore reserves the right to limit the quantities of an article delivered to the same consumer or the same postal address.
 
The purpose of these GTCS is, firstly, to inform any potential customer about the terms and conditions of the sale of LEMAIRE articles to the customer and to define the rights and obligations of the parties.
 
Concerning the telephone sales, the customer is invited to consult and download the GTCS available on the site before confirming his order. Concerning the sale on the site, the customer by checking a box provided for this purpose, acknowledges having read the GTCS before placing the order and have accepted without reservations. The GTCS can be kept by any person visiting the Site, by means of a download and can be printed.

LEMAIRE reserves the right to modify the GTCS at any time. Nevertheless, the GTCS applicable to the order are those accepted by the customer at the time of placing the Order. 

The GTCS are supplemented by the rules of the use of cookies and the privacy policy available on the site (insert hypertext links).
 
 
Article 2: information on articles
 
Information on LEMAIRE articles are available, with their references, in all LEMAIRE stores, as well as on the site. The customer may select one or more items among the different categories offered on the site within the limits of available stock. LEMAIRE may modify at any time the items offered for sale on the site, without prejudice to orders placed by the customer. For any question or request for advice, the customer may contact the LEMAIRE team of advisors by writing to the following address: customerservice@lemaire.fr or calling the customer service on + 33 1 84 25 36 14 (price of a local call), during the opening hours from 10.00 AM to 6 PM, except national holidays.
 
Despite the care taken in the presentation of the articles on the site, LEMAIRE cannot guarantee that their real appearance corresponds exactly to their appearance on the screen, in particular with regard to the variations of the colours. The company LEMAIRE can not be held responsible for non-substantial errors that may occur.
 
LEMAIRE reserves the right to remove items from the sale at any time. In case of unavailability of one of the items, the customer will be informed at the earliest by the customer service and, the customer will be refunded by a credit on its credit card or on its PayPal account and will be able to place a new order.
 
 
Article 3: orders
 
Any order implies acceptance of the GTCS and the Privacy Policy unless specific contractual conditions are concluded between the parties.
 
3.1 Phone Orders
 
Orders will be received, in French or in English, by the sales advisors of LEMAIRE boutique at +33 1 44 78 00 09 (price of a local call), from Metropolitan France from Monday to Friday, from 11 am to 7 pm, except public holidays.

The customer is invited to acknowledge the prices of the articles on the site and the GTCS also available and downloadable on the site, before confirming its order by phone.

The order is payable by credit card. The customer communicates, by telephone the number and the expiry date appearing on the front of his credit card as well as the numbers of the visual cryptogram appearing on the back (or the front) of his credit card. The order is delivered at the home address as specified by the customer.
 
3.2 Orders on the site
 
Orders may be placed on the site. The customer shall bear the costs of telecommunications when accessing the Internet and using the site. All steps necessary for the sale are specified on the site. The customer, before validating his order definitively, acknowledges the GTCS, checks the details and the total price of his order, corrects possible errors, before confirming his final agreement on the payment of the order.
 
The customer's attention is drawn to the fact that the validation of an order entails the obligation to pay the agreed price and that once an order is confirmed, the customer shall not cancel its order, subject to exercise its right of withdrawal (see article 7 below). To validate an order definitively, the customer clicks on the "Pay now" button. 

From the moment the customer has validated the order, LEMAIRE will acknowledge receipt thereof without delay and electronically. The company LEMAIRE recommends its customers to keep these emails on paper or computer. In case of non-receipt of these emails, it is recommended to the client to check if they have not arrived in the box of junk mail. The customer is informed that the emails are sent to the e-mail address he has entered. Consequently, if there is an error in entering the e-mail address concerned, or if the message confirming the dispatch or provision of the order is not received, LEMAIRE's liability can not be engaged (unless the receipt of the confirmation message results from a fault of LEMAIRE). In this case the sale will be considered final. Nevertheless, the customer may exercise his right of withdrawal under the conditions set out in article 7 of the GTCS.
 
3.3 Order of articles without creation of account on the site

If the customer does not request the backup of the data necessary to execute the order, he does not create an account on the site. An invoice in electronic format will be sent via email at the date of the expedition of the order.

3.4 Refusal, suspension or cancellation of orders
 
LEMAIRE reserves the right to refuse or cancel any order whose number of items or the amount to be paid (for one or more orders cumulated) would not correspond to the usual average use of a household and any order that would imply that an economic activity is carried out by the customer in connection with the items ordered or more generally, any abnormal order. Finally, LEMAIRE reserves the right to suspend or cancel any execution of an order and / or delivery, regardless of its nature and level of performance, in the event of non-payment or partial payment of any amount due by the customer, in the event of a payment incident, or in case of fraud or attempted fraud relating to the use of the LEMAIRE site, including on the occasion of previous orders.


Article 4: price of articles

The price of the items include all taxes.

The price is displayed in euros for deliveries in European Union, in pound sterling for deliveries in United Kingdom and in American dollars for any other delivery country.
 
LEMAIRE offers a free standard delivery or a paid express delivery in European Union and United Kingdom. The customer is informed about the price of its delivery when placing its order. The selling prices of online items on the site are those in effect at the time of placing the order by the customer. The selling prices of items can be changed by LEMAIRE at any time. LEMAIRE exercises regular controls to verify that the prices charged are correct. However, some prices may be affected by an error. If LEMAIRE notices a price error in the order, the Customer will be informed as soon as possible. LEMAIRE reserves the right to cancel the order of the item affected by an obvious price error. If the order has been settled, the customer will be immediately refunded the amount paid.
 
The customer will receive, upon confirmation of the order, for each item, the written confirmation of the price paid detailing the price of the items.


Article 5: terms of payment

The customer guarantees to the company LEMAIRE, that he is the holder of the credit card and that the name appearing on this credit card to be debited is his own, then communicates in a secure environment on Internet (PSP Stripe), the number and the expiry date appearing on the front of his bank card as well as the numbers of the visual cryptogram appearing on the back (or the front) of his credit card.


When ordering by phone, the customer confirms that he is the holder of the credit card and that the name on this credit card to debit is his own. He then communicates, by telephone, the number and the expiry date appearing on the front of his credit card as well as the numbers of the visual cryptogram appearing on the back (or the front) of his credit card.

In the event that the debit of the sums due by the customer would be impossible for whatever reason, the sale made by telephone would be immediately resolved and the purchase process on the Internet would be immediately cancelled.


Article 6 - delivery and receipt

All information regarding delivery terms is available from the Cart Validation Page.

6.1 Delivery Period

Delivery Period is communicated to the customer when placing its order. The delivery of the ordered items will take place within the time limits communicated by the company LEMAIRE, within a maximum period of 30 days from the date of the order (subject to full payment of the price).

The delivery period starts as of the receipt of the confirmation of the order by email. The delivery periods takes into account the hour of the order and the opening days of the destination country.

The delivery period might, during the bank holidays or during the sales season, be extended because of a solid activity of LEMAIRE at this period of the year. However, these delays might not exceed 30 days after the placing of the order.

6.2 Delivery Address

The items ordered by the customer in accordance with the GCTS are delivered to the address indicated by the customer as delivery address on the order concerned ("Delivery address") by Colissimo for standard deliveries in France; by Chronopost for express pay deliveries in France and by UPS for international deliveries. 

If delivery proves impossible given the absence of the addressee at the place of delivery, a notice will be left at the delivery address indicated by the customer and the carrier will make a new delivery attempt the next working day. 
  
6.3 Damaged package or damages articles, missing articles
 
The customer, or the recipient of the order is invited to check the apparent condition of the package and items on delivery.
 
Warning: In case of anomaly relating to the package or the item(s) ordered by the customer or his agent must imperatively follow the procedures described below. Failure to comply with the appropriate procedure precludes any recourse against the carrier and the company LEMAIRE.
  
The customer is asked to contact the customer service within 7 days as of the receipt of the package by writing to the customer service at the email address: customerservice@lemaire.fr, enclosing a picture of the concerned item and follow the same return procedure as the one described and detailed in article 7 below.
   
 
Article 7 – right of withdrawal 

In application of Article L. 221-18 of the French Consumer Code, the customer has a right of withdrawal, when placing a distance order by phone or on the site. The customer can thus exercise this right, without having to motivate it, within a period of 14 days from the receipt of the product by the customer or his agent. If the return request is processed after this period, it might be rejected by Lemaire.
 
If the customer has placed an order with multiple products, the withdrawal period does not begin until the customer or the designated third party has received the last product.
 
In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal can not be exercised for orders relating to:
•      the supply of goods made to the client's specifications or clearly personalized;
•      the supply of goods that have been unsealed after delivery and can not be returned for reasons of hygiene or health protection.
 
To notify the withdrawal decision, the customer may use the withdrawal form at the bottom of the GTCS or any other unambiguous declaration. This request must be sent to customer service by email at the following email address: customerservice@lemaire.fr or at the postal address 170, rue du Temple 75003 Paris.  

In order to assure the return and reimbursement within a short period, the client or his agent shall imperatively follow the proceedings as described below. In case of non-compliance with this procedure, the return might be refused and the order sent back to the customer.

Make a return request:

The customer will contact the Customer service team to request their return. It is necessary to specify their two-letter and four-digit order number and which items they would like to return in their request. Once their return has been approved, they will receive a printable return label via email. 

Return the item(s):

•      Place your item in the LEMAIRE box or envelope and in its original cardboard box or any other sturdy cardboard box.

•      Close the box and tape it securely.

•      Use the return label sent to you by our Customer service team and place it on the shipping box.

•      Please make sure that your package does not have any other shipping or tracking labels on it.

•      For returns operated from a country outside of the EU, please attach the 3 copies of your proforma invoice provided in your initial package by checking off the returned items and be inserted in a pouch outside the box.

•      It is necessary to tick the items you wish to return and sign each proforma invoice.

For returns from out of France: Organise the collection of your parcel on ups.com: go to the section Shipping – Schedule a collection. You can choose a UPS (location or UPS Access Point nearby you to drop off your box or plan the collection date and time.

For returns from France : drop your box in your mailbox (www.colissimo.fr/retourbal), in a post office or in a La Poste partner point. (www.colissimo.fr/retour).

•      Items must be returned to the address on the return slip provided.

In order to ensure a prompt return of the package, please remove any slips from the package and only attach the return slip provided.

Refunds

The refund will be credited to the credit card of the buyer who holds the card or to the customer’s PayPal account.

The refund will be made within 14 days of receipt of the returned item.

No refund will be made if the item is not returned in perfect condition.

If shipping costs have been paid during shipment, they will be refunded.

Important information

Items must be returned in perfect condition, exactly as they were sent, with the slip and seal still attached. All shoes must be tried on a padded surface until the customer decides to keep them. The above policy also applies during sales.

  
Article 8 – legal guarantees

All LEMAIRE articles are eligible to the guarantee of conformity and the guarantee of hidden defects. These are legal guarantees provided by French Law, which apply independently of any commercial guarantee possibly granted by the company LEMAIRE and subject to the exercise of the right of withdrawal as provided for in article 7.

8.1. Guarantee of conformity
  
Article L217-4 of the Consumer Code provides that: "The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility. "
 
Article L211-5 of the French Consumer Code provides that: “the good is in accordance with the contract:

(1) If it is fit for the usually expected use of a similar good and, when applicable
- If it corresponds to the description given by the seller and possesses the qualities that he has presented to the customer in the form of a sample or model;
- If it presents the qualities that a buyer can legitimately expect for this type of product
(2) Or has the characteristics defined by mutual agreement by the parties or be suitable for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.”

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods as provided for in Article L211-7 of the French consumer code.
 
The customer can choose between the repair or the replacement of the article, subject to the conditions of cost envisaged by the article L. 217-9 of the French consumer code.

It is possible that stocks do not allow the item by the same article. It will be consequently and in any case, proceed to the refund of the non-compliant article and its replacement by an article of equivalent price, if the customer wishes it by placing a new order. 
 
8.2 Warranty against hidden defects
 
Article 1641 of the Civil Code provides that: "The seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which diminish so much this use, that the buyer would not have acquired it, or would have given a lower price, had he known them. "
 
Article 1648 of the Civil Code stipulates that: "The action resulting from the hidden defects must be brought by the purchaser within two years from the discovery of the defect."
 
In compliance with the warranty for hidden defects and article 1644 of the French civil code, the company LEMAIRE, according to the choice of the customer, undertakes, after evaluation of the hidden defect:
•      Either to refund the full price of the returned item,
•      Or to refund part of the price of the item if the customer decides to keep the article.
  
8.3 Return of items

In the event of a hidden defect or non-compliant product, the customer is invited to contact customer service at the following address customerservice@lemaire.fr and follow the same return procedure as described in Article 7 above.

8.4 Exclusion of guarantees
 
The articles modified or repaired by the customer are excluded from warranty. In the same way the guarantee will not play for apparent defects in application of article 1642 of the French Civil Code. Finally, the warranty will not support items damaged during shipment or due to misuse.
  
 
Article 9: claims - information
 
For any information, complaints or questions concerning the GTCS or the articles themselves, the customer must contact the customer service of the company LEMAIRE by phone: +33 1 84 25 36 14 (price of a local call), or by email at the address customerservice@lemaire.fr by recalling their order number if applicable.
 
 
Article 10: personal data and rules of use of the cookies
  
LEMAIRE undertakes to protect and ensure the security and confidentiality of its customers' personal data in accordance with the GENERAL RULES FOR THE PROTECTION OF PERSONAL DATA (RGPD), in particular by taking all necessary precautions to prevent this data from being distorted, damaged or unauthorized third parties having access to it.

The customer is invited to acknowledge and download the privacy policy and the rules of use of the cookies available and downloaded on the site (insert hypertext links).

 
Article 11 - reservation of ownership
 
The LEMAIRE company retains the full ownership of the items sold until the full collection of the full price, in principal, costs, taxes included, and additional delivery and other costs incurred at the express customer’s demand. 


Article 12 : intellectual property rights

The "LEMAIRE" mark, as well as all the figurative marks or not and more generally all the other brands, illustrations, images and logos appearing on the LEMAIRE articles, their accessories or their packaging, whether registered or not, are and will remain the exclusive property of LEMAIRE.
 
Any total or partial reproduction, modification or use of these marks, illustrations, images, logotypes, or any combination or conjunction with any other mark, symbol, logotype and more generally any distinctive sign intended to form a composite logo, on any support that this or, without express and prior agreement of the company LEMAIRE, is strictly prohibited.
 
It is the same for all copyrights, designs and models, patents that are owned by the company LEMAIRE.
 
The use of all or part of the site, including downloading, reproduction, transmission or representation for purposes other than personal and private use for a non-commercial purpose is strictly prohibited.
 
Any violation of these provisions exposes its author to the sanctions provided by the French Civil Code the French Intellectual Property Code.
 
In addition, the creation of a hypertext link to the website of the company LEMAIRE, can only be done with the express and prior agreement of the company LEMAIRE.
 
This agreement may be revoked at any time if the conditions of the authorization are no longer met.
 
The LEMAIRE company declines all responsibility for the conditions of use and the content, whatever it is, of third party sites from which hypertext links allow access to the LEMAIRE site.   


Article 13 - signature and proof
 
The company LEMAIRE works to protect the personal information of its customers by ensuring a high level of security.
 
The customer also has a role to play in the protection of his personal data. In particular, he must maintain the security of his online transactions by not communicating to anyone his username (e-mail address) and / or his password and by changing his password regularly.
 
Therefore, the company LEMAIRE can not be responsible for the disclosure of information about the customer to any individual who has used his identifier (e-mail address of the customer) and / or his password.
  
The company LEMAIRE declines any responsibility in case of fraudulent use of this information.
 
The provision of the credit card number or the payment of the amount due and the final validation of the order will be the proof of the acceptance of said order.
 
The computerized registers kept in the computer systems of LEMAIRE and its partners will be considered as proof of communication, orders and payments between the Parties.


Article 14: force majeure
 
Pursuant to Article 1218 of the French Civil Code, LEMAIRE will suspend any performance of its contractual obligations in the event of a case of force majeure.
 
LEMAIRE will inform the customer within seven (7) days of its occurrence. If this suspension continues beyond a period of fifteen (15) days, the customer would then have the opportunity to cancel the order in progress, and it would then be refunded.
 
 
Article 15: disputes - applicable law

If the customer encounters a problem relating to a product, our site or any other service of the company LEMAIRE related to the site or a product, the customer is invited to contact the customer service at the following address:customerservice@lemaire.fr
 
In the event that the problem is not solved, in accordance with the provisions of the French Consumer Code concerning "the process of mediation of consumer disputes", the customer has the right to free use of a mediation service.
 
LEMAIRE is affiliated to the FEVAD mediation organisation: https://www.mediateurfevad.fr

Fevad - Center of mediation and amicable settlement of the judicial officers – 60 rue de la Boétie 75008 Paris- France.

The dispute can only be examined by the consumer ombudsman when:
•      The customer justifies having tried, beforehand, to resolve his dispute directly with the seller by a written complaint.
•      The client has submitted his request to the mediator within less than one year from his written complaint to the seller.
The request must not be clearly unfounded or abusive. Finally, if the dispute has already been examined or is under consideration by another mediator or by a court, or if it does not fall within its jurisdiction, the mediator will have to reject the client's request. In the event that his request is not admissible, the client is informed by the mediator of the rejection of his request for mediation, within a period of three weeks from the reception of his file.

The customer is also informed that he can use the European platform for the resolution of the disputes on line for international litigations (RLL) available at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm 

 
Withdrawal form
 
(Please complete and return this form only if you wish to withdraw from the contract). - For the attention of customer service of LEMAIRE company at the following email address: customerservice@lemaire.fr / or 170 rue du Temple 75003 Paris France.
 
I / We [*] hereby notify you [*] of my [*] withdrawal of the contract for the sale of the item below:

•      Well ___ [reference] _____________

•      Ordered on

•      received on  ______________

•      Name of the consumer (s)

•      Address of the consumer (s)

•      Signature of the consumer (s) (only in case of notification of this form on paper)

•      Date

 

[*] Delete what is not needed.
   

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