GENERAL TERMS AND CONDITIONS OF SALE
Welcome to Lucas du Tertre's online shop!
The present general terms and conditions of sale (hereinafter the "GTC") 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 du Tertre online shop (hereinafter the "Customer"), accessible at the address www.lepetitlucasdutertre.com (hereinafter the "Site").
LUCAS DU TERTRE
SAS with a capital of 592.39 euros, registered in the Paris Trade and Companies Register under n°451 760 441
117 Rue de Turenne - F-75003 Paris
E-mail address: firstname.lastname@example.org
Telephone: +33 1 42 36 42 07
Intra-community VAT number: FR51451760441
Acceptance of the T&C's
By validating his/her order, the Customer acknowledges that he/she has read these GTC and expressly declares that he/she accepts all of these GTC without reservation. These GTC shall prevail over any other conditions appearing in any contradictory document, the act of purchasing entailing acceptance of these GTC.
This confirmation, as well as all e-mails and data recorded by LDT, shall constitute proof of the transactions between LDT and the customer. LDT shall therefore keep all elements relating to orders for a period of ten years.
These GTC are subject to change at any time and without notice. The new GTC will come into force on the date of their publication on the Site. In case of modification of the GTC, the applicable GTC are those in force at the date of the order.
The GTC are written in French in their original version which alone is authentic and prevails over any other version.
LDT specialises in the creation and marketing of handmade clothing and household linen products (hereinafter the " Products ").
Information on all LDT's Products is available on the Site. Each Product is presented as follows:
- a detailed technical description (name, size, colour, and, if applicable, advice on care and use);
- a firm and definitive price indicated in euros, including all taxes (TTC), but excluding delivery costs. LDT reserves the right to modify the price of the products at any time, the applicable price being the price in force on the day of the order;
- a photograph (which is for illustrative purposes only, and is not contractually binding. LDT cannot be held responsible for any errors that may have been made).
The products comply with the regulations in force in France relating to the safety and health of persons, fair trading and consumer protection at the time they are placed on the market (Article L. 411-1 of the Consumer Code).
Any order implies 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 materialised by the completion of the following steps:
1) Choice of Product: The Customer consults the file presenting the Product. The state of available stock is indicated. The Customer selects the Product(s) he/she wishes to order;
2)Checking the order:
the Customer checks the contents of the order, while retaining the possibility of deleting the Products selected before the Customer validates the shopping bag,
3) Identification: the Customer must
fill in the "guest" identification form or create an account by providing his compulsory personal information (title, surname, first name, or company name, address, email, telephone number);
4) Delivery method: the Customer chooses the delivery method;
5) Method of payment: the Customer shall choose the method of payment for the Order and shall proceed with such payment. The Customer must confirm his/her acceptance of these GTC by ticking the corresponding box. The order can only be validated once this box has been ticked. Once this step has been completed, the Customer may no longer modify and/or cancel the order.
6) Order confirmation: LDT sends an email to the Customer confirming and summarising the Order (the "Order Confirmation ").
The Customer is advised to keep and print this document as official proof of the order.
The order can be modified at any time until its final confirmation by the Customer, which constitutes final acceptance of the offer and triggers the processing of the order.
LDT reserves the right to cancel any order from a customer with whom there is a dispute regarding the payment of a previous order or who does not comply with these GTC.
The information provided by the Customer when placing an order is solely binding. In the event of an error in the Customer's contact details, LDT cannot be held responsible for the impossibility of delivering the product.
7) Confirmation of the dispatch of the order: the Customer receives an e-mail summarising the contents of his order and confirming that it has been dispatched. The contract is deemed to have been concluded on the date this e-mail is sent.
8) Order tracking: A carrier tracking number is provided to the Customer when the order is validated.
If the Customer wishes to obtain information concerning the follow-up of his/her order, he/she can connect to the website of the chosen carrier.
The Products visible on the Site are available while stocks last. Consequently, and unless the Company validates a final order, it does not guarantee that the Products will be available for a given period of time, nor their price.
In the event that the Products are not available after the order has been placed and paid for, LDT will inform the Customer by e-mail. The order will then be automatically cancelled and no bank debit will be made or the Customer will be reimbursed by bank transfer.
LDT shall not be held liable in the event of stock shortages 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 a 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 provisions applicable in this regard and in particular those of Article L.121-11 of the French Consumer Code.
While every effort is made to ensure that the colour and print of the Products are faithful to the original Products, variations may occur, particularly due to the technical limitations of colour rendering on the Customer's computer equipment. Consequently, LDT cannot be held responsible for any errors or inaccuracies that are not substantial in the photographs or graphic representations of the Products on the Site.
LDT reserves the right not to accept an order from a customer with whom it is in dispute over a previous order, or if LDT reasonably believes that the customer has violated these terms and conditions or engaged in fraudulent activity, or for any other legitimate reason.
Payment of products
The prices are indicated in Euros,
including all taxes, excluding shipping costs, depending on the delivery method chosen by the Client. 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 force on the day of the order, subject to the availability of the Products ordered at that time.
All orders are payable in Euros and must be paid immediately upon placing the order.
In the event of an order to a country outside the European Union, the price will be automatically calculated exclusive of tax on the invoice. Any order placed on the website and delivered outside mainland France may be subject to customs duties and any taxes that are imposed when the parcel reaches its destination, the Customer being an importer of the product concerned.
These duties and taxes, related to the delivery of the product, are the responsibility of the Customer. LDT is not obliged to check and inform the Customer of the applicable customs duties and taxes. To find out about them, it is up to the Customer to contact the competent authorities in his country.
Terms of payment
Unless otherwise agreed, the payment of the order is due immediately on the date of validation of the shopping bag by the Customer.
Payment is made in Euros by credit card, Visa, MasterCard or Paypal account made out to LUCAS DU TERTRE. The payment is made by the Customer according to the banking security standards.
Payment confirmation - Payment incident
Upon receipt of payment, LDT will confirm the payment with the Order Confirmation by e-mail to the address provided by the customer.
The order validated by the customer shall not be considered accepted by LDT until the sums due to LDT have been effectively cashed. In the event of bank acceptance being refused, LDT reserves the right to cancel the customer's current order.
In accordance with the provisions of article L.221-11 of the Consumer Code, the Customer will receive, at the latest at the time of delivery, for each of the articles, written confirmation of the price paid detailing the price of the articles and the delivery costs, if any, payable by the Customer.
Shipping and Delivery
Delivery methods :
The Products are delivered to the place indicated by the Customer as the "delivery address" at the time of the Order, which address may be different from the "billing address" or to the address of the relay point selected by the Customer.
Delivery times :
The products shall be delivered 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 method of delivery chosen by the Customer at the time of ordering.
The date of availability of the Products depends on the state of stocks, the date of dispatch of the order and the availability period induced by the delivery method.
The dates and deadlines indicated by LDT are only indicative. LDT reserves the right to change the previously announced deadlines. Delays may occur due to unforeseen circumstances or for reasons related to the place of delivery.
LDT shall not be held responsible for reasonable delays or impossibility of fulfilling its contractual obligations due to force majeure events according to the case law in force. With the exception of deliveries in France, LDT declines all responsibility in the event that the Product delivered does not respect the legislation of the country of delivery. Lucas du Tertre is not responsible for late delivery, loss or damage caused by the carrier chosen by the customer.
Receipt of delivery :
Upon receipt the order, it is the responsibility of the Client, or the authorised recipient designated by the Client, 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 slip, and within forty-eight (48) hours by email to the address: email@example.com with confirmation by registered letter with acknowledgement of receipt to the customer service at the following address Lucas du Tertre, Service Réclamation, 117 rue De Turenne, 75003, Paris.
No complaint about the condition of the Products delivered will be accepted if the delivery note has been signed without reservation.
All the Products offered on the Site are subject to the legal guarantee of conformity (articles L. 217-4 and following of the Consumer Code) and to the guarantee of hidden defects (articles 1641 and following of the Civil Code), to the exclusion of all other guarantees.
These guarantees allow the Customer to return defective Products delivered and the corresponding items are listed in Annex 2.
LDT will not accept any claim for Products that have been used improperly or more
generally due to use not in accordance with its intended purpose.
Any complaint concerning the Products as such and not related to the delivery must be made by email to firstname.lastname@example.org followed by a written confirmation sent by registered letter with acknowledgement of receipt to the customer service at the following address
Lucas du Tertre - Claims Department, 117 Rue de Turenne, 75003 Paris
Legal guarantee of conformity :
LDT shall deliver to the Customer a Product that conforms to the Order and is free of defects in conformity at the time of
delivery of the Product, in that the Product shall be suitable for the use normally expected of a similar good and shall have the characteristics presented at the time of sale. LDT shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made its responsibility by the contract or was carried out under its responsibility.
Legal guarantee against hidden defects :
LDT shall deliver to the Customer a Product free of hidden defects that would make it unsuitable for its intended use, or that so diminish this use that the Customer would not have purchased it, or would have paid a lower price for it, if he had known about them.
These guarantees will only come into play if the Customer makes the request within twenty-four (24) months of the delivery of the Product (for the legal guarantee of conformity) or of the discovery of the defect (for the legal guarantee of hidden defects).
Defects of conformity which appear within twenty-four (24) months of delivery shall be presumed to have existed at the time of delivery, unless proven otherwise.
It is the Customer's responsibility to verify that the Products delivered correspond to his/her order as detailed in the Order Confirmation, and if not, to return the Products (i) after informing LDT by any means, and (ii) in their original packaging, or in packaging providing equivalent protection, in perfect condition, not used and accompanied by all accessories and documents provided (instructions, warranty, certificate of authenticity, etc.) as well as a copy of the invoice attached to the Products delivered.
LDT will pay the return shipping costs directly, up to a limit of one return shipment per order.
If no exchange is possible and if the customer does not wish to receive a credit note, the refund will be made by crediting the customer's bank account, at the latest within fourteen days of LDT's receipt of the returned products.
Within the framework of the legal guarantee of conformity, the Customer: (i) has a period of two (2) years from the delivery of the goods to act; (ii) can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code; and (iii) is exempted from proving the existence of the lack of conformity of the goods during the two (2) year period.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
Reservation of ownership
The Products remain the entire property of LDT until the Customer has paid the full price. However, the Customer assumes the risks (particularly of loss, theft or deterioration) concerning the Products delivered from the moment they are delivered to the address indicated at the time of ordering.
If the Customer fails to pay in full or in part, LDT may claim the Products delivered to the Customer without prior notice.
In accordance with articles L. 221-18 and following to the French 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/her right of withdrawal without having to justify his/her reasons or pay any 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 the customer service department, which will indicate the return address. This notification must be unambiguous, for example by email or post within the period of fourteen (14) days mentioned above.
A model withdrawal form, which is not compulsory, is available in Annex 1 of these GTC.
The Customer is advised to keep any proof of this return.
The procedures for returning Products are described below:
The Products must be returned in their original condition, in their original packaging, if necessary 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 associated with the return of the Products are borne by the Consumer Customer.
Any product that has been damaged or whose original packaging has been damaged will not be refunded or exchanged.
In the event of withdrawal, LDT shall refund all payments received from the Customer, including delivery costs, with the exception of any additional costs arising from the fact that the Customer has chosen a delivery method other than the cheapest standard delivery method offered by LDT, without undue delay, and in any event no later than fourteen (14) days after LDT has received the returned Products.
Refunds will be made via the payment method used by the Customer, or at the Customer's option, in the form of credit notes.
Cases of exclusion of withdrawal
In accordance of Article L. 221-28 of the Consumer Code, the right of withdrawal cannot be exercised for :
- goods made to the Customer's specifications or clearly personalised or which, due to their nature, cannot be returned or are likely to deteriorate or expire quickly.
- for reasons of hygiene, textile products delivered with hygiene seals when these have been removed, clothing that has been visibly worn and/or washed, jewellery such as piercings and earrings.
The information collected from customers on the website is intended for the exclusive use of LDT.
LDT only collects from website customers the nominative or personal information necessary for the proper execution of orders. This information is required to process and send orders and to prepare invoices. Otherwise, the order placed by the Customer will not be validated.
If the customer decides to create an account on the site, the information is stored and protected by a password that the customer chooses. This information is strictly confidential and is intended for LDT only. It is processed in strict compliance with the provisions of the French Data Protection Act No. 78-17 of 6 January 1978 and the General Data Protection Regulation 2016/679.
In this respect, LDT undertakes in particular to (i) guarantee the confidentiality of the personal data
processed under this agreement by implementing appropriate security measures in its field of activity, (ii) ensure that the persons authorised to process personal data under this agreement undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training in the protection of personal data, and (iii) ensure that any subcontractors comply with the legal obligations on behalf of 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. To exercise this right, he can make a request to LDT by email at: email@example.com.
Subject to validation by the Customer's opt-in, 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 newsletters or solicitations.
The Customer is informed that this automated processing of information has been declared to the Commission Nationale de l'Informatique et des Libertés (French National Commission for Information Technology and Civil Liberties) on 16 September 2012 under
The Site is the exclusive property of LDT (web pages, images, source scripts, graphics, photographs or any other content distributed on the Site, etc.). Consequently, they may not be reproduced, exploited or used for any purpose whatsoever without the authorisation of the publication director.
LDT's Products, LDT's trademarks and, more generally, all trademarks, illustrations, images, drawings and models and logos appearing on the Site and/or the Products sold by LDT are and remain the exclusive property of LDT. The Customer may not therefore distribute or reproduce these elements, in whole or in part, in any form whatsoever, without LDT's express prior written permission.
The Customer acknowledges LDT's intellectual property as such and undertakes not to infringe it in any way whatsoever. More specifically, the Customer expressly undertakes not to manufacture, sell, license or market in any way whatsoever, directly or through a third party, for his or her own benefit or for the benefit of a third party, the Products, imitations or reproductions of the Products or the intellectual property rights relating to the Products and the brands belonging to LDT.
LDT's performance of all or part of its obligations shall be suspended in the event of a fortuitous event or force majeure within the meaning of case law that prevents or delays their performance. LDT shall inform the Customer of such an act of God or force majeure within seven (7) days of its occurrence.
If the suspension of LDT's obligations continues beyond a period of fifteen days, the customer shall have the option of cancelling the current order and LDT shall refund the customer as soon as possible by crediting his bank account.
Exemption from liability
LDT shall not be held liable in the event of non-performance or poor performance of the contract due to the Customer's actions, or to the insurmountable and unforeseeable actions of a third party to the contract, or to force majeure.
The Company shall not be liable for any indirect, special or consequential loss or damage resulting from this.
The Company's liability may be incurred in the event of proven fault or gross negligence and shall in such case be limited to direct and personal damage, to the exclusion of any indirect damage of any kind.
The fact that LDT refrains from demanding the fulfilment of any of the provisions of these GTC at a given time shall not be interpreted as a waiver of the right to invoke the said total or partial non-fulfilment at a later date.
Validity of the sale's general conditions
If any provision of these GTC is declared invalid in whole or in part, the other provisions and the other rights and obligations arising from these GTC shall remain unaffected and shall continue to apply, unless it is an impulsive and decisive provision which led one of the parties to conclude the sales contract.
Applicable law - Dispute resolution
These GTC are subject to French law, unless otherwise stipulated. The language of these GTC is French.
In the event of difficulties in applying these GTC, the customer shall first contact LDT's customer service department.
All complaints about an order should be submitted to :
- to the following postal address
Lucas du Tertre
117 Rue de Turenne,
- or by e-mail : firstname.lastname@example.org
If the claim fails, the Customer shall have the possibility, before any legal action is taken, of seeking an amicable solution to any dispute that may arise during the performance of the contract by having recourse to a consumer mediator under the conditions set out in Title I of Book VI of the Consumer Code.
In accordance with the order n°2015-1033 of 20 August 2015 and the application decree n°2015-1382 of 30 October 2015, any dispute or so-called consumer dispute, subject to article L.612-2 of the Consumer Code, may be the subject of an amicable settlement by mediation with the CMAP - Centre de Médiation et d'Arbitrage de Paris. To submit a dispute to the mediator, the Customer may (i) fill in the form on the CMAP website: www.cmap.fr under the "you are: a consumer" tab (ii) send his request by simple or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to email@example.com. Regardless of the means used to refer the matter to CMAP, the Customer's request must contain the following elements in order to be processed quickly: his postal, email and telephone contact details as well as LDT's full name and address, a brief statement of the facts, and proof of prior contact with LDT.
Notwithstanding the foregoing, in the event of a dispute, the French courts shall have exclusive jurisdiction.
Model withdrawal form
Please complete and return this form only if you wish to withdraw from your order.
Lucas de Tertre
10, rue Saint Marc
E-mail address: firstname.lastname@example.org
I hereby notify you of my withdrawal from my order of Lucas de Tertre products below:
Ordered on (*)/received on (*):........................................................................................................
Customer's signature (if notification of form on paper):...................................................
(*) Strike out the unnecessary statement.
Article L. 217-4 of the French Consumer Code: "The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility".
Article L. 217-5 of the Consumer Code: "The goods are in conformity with the contract:
1º If they are fit 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 has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2º Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, which was brought to the seller's attention and which the latter has accepted »
Article L. 217-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
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 was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price, if he had known about them.
Article 1648 paragraph 1 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect".