General Terms of SaleForeword
The Store Laboratoires Legan (thereafter referred to as the Site ») is an electronic retail site accessed through the Internet at the address www.laboratoires-legan.com. It is available to any user of the web (thereafter referred to as « Internet User ». It is run by the Laboratoires Legan, SAS with a capital of 10,000 euros, with a street address at 9 rue du Bouloi, 75 001 Paris, registered on the « Registre du Commerce et des Sociétés de Paris » under number 793 758 459.
The Site allows Laboratoires Legan to offer for sale, food supplements and cosmetic products (thereafter referred to as « Products ») to Internet Users browsing the Site (thereafter referred to as « Users »). For the current application, it is understood that the User and the Laboratoires Legan are collectively called « Parties » and individually called the «Party», and the User who has validated a purchase is then called the «Buyer». The rights and obligations of the « User » will then necessarily apply to the Buyer.
It is stated that the products are intended for personal use of the User, without any direct connection with the occupation thereof. In this respect, the attention of the user is particularly drawn to the fact that the amount of the order must not exceed one thousand euros.
The Products are specifically intended for the personal use of the « User », without any direct connection to his professional activities. In this regard, the User’s attention is particularly called to the fact that the total of his purchase order must not exceed the sum of one thousand euros. The User who wishes to purchase from the Site declares having full legal rights to do so. Any purchase of a product available on the Site assumes the review and the express acceptance of these current General Terms of Sale, although this acceptance is not dependent upon a handwritten signature from the User. According to Articles 1316 to 1316-4 of the Code civil, completed by the Décret n° 2001-272 of March 30 2001, as applied under Article 1316-4 of the Code civil and related to electronic signature, it is noted that the validation of the purchase order as described in Article 3.3. cited below, constitutes an electronic signature which, between the Parties, has the same value as a handwritten signature.
Article 1. Purpose
The current general terms of sale have the purpose to define, across the entire world, exclusively in regard to the relationships established across the Internet network and uniquely on this Site, the rights and obligations of the Parties created from the online sale of the Products available on the Site. These terms apply to the exclusion of any other document.
These apply to the exclusion of any other document.
Article 2. Products – Prices
Products proposed for sale by LABORATOIRES LEGAN are the ones listed on the Site, on the same day of viewing of the Site by the User, and within the limits of available stock. The photographs illustrating the Products are not covered by the contract.
The prices of the Products are listed in euros. The prices account for the applicable taxes on the day of the order. LABORATOIRES LEGAN reserve the right, which is agreed upon by the User, to change the prices at any time, but the Products’ will be charged at the prices listed on the site at the time the order is recorded, while still dependent on the availability of said Products.
Article 3. Recording and validation of purchase order
3.1. Navigation within the Site
The User may freely navigate the various pages on the Site, without any commitment to a purchase order.
3.2. Recording of a purchase order
If the User wishes to order, then he may select among the different Products of interest, and indicates such interest by clicking on the link « Add to the Basket ». At any time, the User may :
At any moment, the User may :
– obtain a summary of all Products selected or modify the order by clicking on « My Basket », accessible on the top right corner of each page .
– end the Product selection and the order by clicking on «My Basket».
To order the Products which have been selected, the User then clicks on « see my Basket ». A summary of the order will appear on screen. If the list shown matches the Products selected, the User may then approve the summary by clicking on « Approve Purchase ». The User will then identify himself, either by entering his email address as well as his password, if he is an existing client, or by filling out the available form, on which he must enter the required identification data, particularly his first name, last name and mailing address.
The User is notified and accepts that the recording of identifying information is a proof of identity and indicates his consent.
3.3. Final approval of purchase order
Having reviewed the status of his purchase order, and once all the requested information is completed by the User, he then selects the mode of payment to pay for the purchase. He clicks on the link « Approve Purchase » to pay for the order and is then automatically routed to the credit card server at the Banque Crédit Mutuel. The buyer may pay for his purchases by credit card. The server at the Banque Crédit Mutuel uses S.S.L. (Secure Socket Layer) security encryption to provide the most efficient protection for all data related to means of payment, and assures that the User’s banking data will never be transferred to the computer system at LABORATOIRES LEGAN. Once the payment is approved, the User returns to the Site.
His order is now recorded and can no longer be modified. At this point, the User becomes the Buyer. The purchase order is recorded on the computer records at LABORATOIRES LEGAN, these records being kept on a reliable and lasting network, which will then be considered as proof of the contractual relations entertained between the Parties.
3.4. Confirmation of order
Once the payment is approved, a summary of the purchase order is e-mailed to the Buyer, at the email address indicated at the time of identification.
Article 4. Delivery
The order is executed within a timeframe no later than 30 (thirty) days starting with the day following the approval of the purchase order by the Buyer.
4.1. Modes of delivery
LABORATOIRES LEGAN decline any responsibility in case of delay in delivery because of the conveyor, as well as loss of the Products order or labor strike by postal services. In case of a delay in delivery, the Buyer should indicate the delay as soon as possible to the customer service at LABORATOIRES LEGAN, to the email address email@example.com or by telephone, at 01 73 79 10 63. Upon receipt of the ordered Products, the Buyer should verify the correct content of the Products. Any anomaly in delivery (Product missing or broken, damage to the package) should be noted by the Buyer on the receipt presented by the delivery service at the time of package transmittal and should emphatically be brought to the attention, if not on the same day of receipt then no later than the first day after receipt, to Customer Service at LABORATOIRES LEGAN, by e-mail to firstname.lastname@example.org or by telephone call to 01 73 79 10 63. Any claim made after this delay will be rejected and LABORATOIRES LEGAN will be free of any responsibility.
Article 5. Right of withdrawal
The Buyer has a time window of seven (7) days to return, at his own cost, the Product(s) which he has ordered, if this (or these) do not give him satisfaction. This time window includes the day of delivery of the order. The Product must be returned in its original condition and packaging, and must be accompanied by the receipt slip found at the bottom of the invoice or the delivery note, to the following address: LES LABORATOIRES LEGAN, 9 rue du bouloi 75001 Paris.
If the above conditions are met, then LABORATOIRES LEGAN shall reimburse the Buyer, within a thirty (30) day timeframe, the sum corresponding to the products purchased.
Article 6. Computer technology and freedoms
The submittal of required data collected through long-distance sales is compulsory, such data being necessary to the processing and delivery of orders as well as setup of invoices. The data is considered strictly confidential. Any lack of data will result in automatic rejection of the order.
In accordance with the rules and regulations on Computer Technology and Freedoms, regarding records and freedoms, the processing of required data collected by the Site is the subject of a declaration to the Commission Nationale de l’Informatique et des Libertés. The User has the right to access, to modify, to amend and to remove his own data. To exercise this right, the User may send a simple message to Consumer Service at LES LABORATOIRES LEGAN, 9 rue du bouloi 75001 Paris or an e-mail to email@example.com
Article 7 – Intellectual Property
All text, commentaries, illustrations and images reproduced or represented on the Site are strictly reserved under the right of authorship as well as by right of intellectual property across the entire world. As such and in conformance to the code for intellectual property, only private use as allowed by different and more restrictive dispositions by the rules and regulations governing intellectual property will be authorized. Any reproduction or representation of Site in full or in part of its elements is strictly forbidden.
Article 8. Miscellaneous Stipulations
8.1. Force majeure
No Party shall be held responsible for the failure of execution, in full or in part, of his obligations under the current contract, if such non-execution is provoked by an event considered force majeure.
In order to be considered force majeure events, these must meet the criteria set by the case law of the 2ème civil chamber of the Court of Appeals.
The Party invoking a force majeure even must notify the other Party within the five business days following the occurrence or the warning of such an event.
The Parties agree to discuss as soon as possible and determine the modes of execution for the order through the duration of the force majeure event.
8.2. Partial Invalidation
If one or several stipulations of the current general terms of sale are held as invalid or declared as such by application of a law, a regulation or as a result of a legal judgment, the other stipulations shall still retain their significance and impact.
8.3. Entirety of contract
The current general terms of sale and the summary of the order transmitted to the Buyer form a contractual set which constitute the entirety of the contractual relationship entered into by the Parties. In case of any contradiction within these documents, the general terms of sale shall prevail.
8.4. Applicable Law – jurisdiction of relevance
Selling the products of the company LES LABORATOIRES LEGAN is subject to French law regardless of the country of residence of the Buyer and the location where the purchase order is made. ANY LAWSUIT RELATED TO THE EXISTENCE, INTERPRETATION, EXECUTION OR BREAKUP OF THE CONTRACT ENTERED BETWEEN LES LABORATOIRES LEGAN AND THE BUYER, EVEN IN THE CASE OF MULTIPLE DEFENDANTS, SHALL BE, IN CASE OF LACK OF AGREEABLE ACCORD, THE EXCLUSIVE RELEVANCE OF FRENCH COURTS OF LAW WHICH ARE KNOWLEDGEABLE IN THE APPLICATION OF RULES PROMULGATED BY THE FRENCH CODE OF CIVIL REGULATIONS.