Terms of Sales
Terms of Sales
ARTICLE 1.
DEFINITIONS AND SCOPE
"Customer(s)" means the Internet user(s) browsing the lostenn.com site and making an online purchase of product(s) for personal use.
"Product(s)" means the clothing, accessories and all items offered for sale on the e-commerce website accessible at lostenn.com
"Label" or "Tag" refers to the sheet attached to the product which allows the management of returns (see article below)
"Store" or "Online Store" means the electronic commerce website accessible via the Internet at the address lostenn.com.
"General Conditions of Sale" means the present general conditions of sale of Products on the Site.
These general conditions of sale (hereinafter referred to as the « CGV ») apply automatically to the sale of any article of the brand LOSTENN through the Site.
In the context of these T&Cs, the term " User " refers to any person browsing the Site and the term « Client » refers to any person wishing to place or having placed an order on the Site.
The sale is deemed concluded on the date of acceptance of the order by LOSTENN.
Prior to this date, and in accordance with the provisions of Articles L. 112-1, L. 112-2 and L. 141-1 of the Consumer Code, these GCS are made available to all Customers for information purposes.
The validation by the Customer of any order implies full acceptance of these GCS.
ARTICLE 2.
ACCEPTANCE OF ORDERS
Before submitting your order, you will have the opportunity to check your selection as well as the total price of your order (delivery costs included) and to correct any possible input errors.
By placing an order, you acknowledge having read and accepted these General Conditions.
For any order that you send to us, we will send you an order confirmation email mentioning the number of your order and the details of the products ordered (hereinafter the “Products”). All orders will be accepted by LOSTENN, except in the cases provided for in these General Conditions (for example: unavailability of a product, payment problem).
On the occasion of your first order, you will have to register and fill in the fields appearing on the order form. We will ask you to use usernames and passwords, or any other means, to access certain areas of our Online Store, such as the "My Account" section of the Online Store (hereinafter the “Secure Access Codes”). You will be responsible for maintaining the security and confidentiality of such Secure Access Codes at all times.
You must comply with all of our security guidelines and rules, and notify us immediately if you learn of or suspect any unauthorized use of your Secure Access Codes, or if your Secure Access Codes are made available to unauthorized third parties. Without prejudice to our other rights and remedies, we may suspend your access to the Online Store without incurring our liability if we reasonably believe that it is necessary to take such action to ensure the security of the Online Store.
LOSTENN however 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 for any other legitimate reason relating in particular to the abnormal nature of the order.
If certain products appearing in our Online Shop are not available, display an incorrect price or if their description is incorrect, we will not be obliged to sell them to you. We will inform you in the event of unavailability of the Products ordered.
Only the Products that have been sent to you will be invoiced to you (delivery and credit card processing costs included).
Although we do our best to reproduce the colors of our Products in the Online Store, we cannot guarantee that their actual appearance corresponds exactly to their appearance on the screen.
To have information on the follow-up of your orders, you can reach the customer service by e-mail, contact@lostenn.com;
ARTICLE 3.
PRICE
All prices in the Online Shop are indicated in euros. They are expressed including VAT, excluding delivery costs.
We make every effort to ensure that the prices of the Online Store are accurate. But an error may occur, and the price of some Products may be wrong. If the correct price of a Product is lower than that indicated in the Online Store, we will charge you the lower amount and send you the Product. If the correct price of a Product is higher than that indicated in the Online Store, we will contact you and ask you whether you keep the order at the correct price or cancel it (in which case we will confirm the cancellation to you). We shall not be obliged to supply you with the Products which are incorrectly priced.
LOSTENN may change the prices indicated on the Online Store website at any time and without notice. However, the prices thus modified will only be applicable to new orders and not to those which have already been accepted.
ARTICLE 4.
PAYMENT TERMS AND METHODS OF PAYMENT
The total amount of your order will correspond to the purchase price of the Products, delivery costs included.
Payment for purchases is made with the SOGECOMMERCE secure payment solution. You can pay for your purchases with Carte Bleue, Visa, Mastercard and American Express bank cards.
You must provide your bank details when ordering. You also confirm that the credit card you are using is yours.
All credit card holders are subject to a validation and authorization check carried out by the issuing body. If this organization refuses to authorize payment, we will not accept your order. In such a case, we will not be liable for any delay or refusal of delivery and will not be required to inform you of the reason for this refusal. We are not responsible for the costs that are charged by your issuing body or your bank, on the occasion of the payment by credit card of your order.
Lostenn.com also offers you the possibility of paying for your order by Paypal.
ARTICLE 5.
BILLING
We reserve the right to issue electronic invoices, and you accept this type of invoicing.
As the electronic invoice constitutes proof of purchase, we recommend that you save and print this document for future reference.
ARTICLE 6.
DELIVERY, OWNERSHIP AND RISK
The products will be delivered to the delivery address that you indicated to us on the order form, at your expense. We cannot be held responsible if this address is incorrect. Please note that we do not deliver to PO boxes. The delivery of products in our Online Store may be subject to territorial restrictions. We will provide you with the list of delivery zones on request. See below.
Your order will be delivered within 7 working days. To this end, please note that a working day corresponds to a day during which French banks are open, with the exception of Saturdays and Sundays. If we have not succeeded in delivering your order within the aforementioned period, your only recourse against us consists of your right to cancel the order in question and to be fully reimbursed for the sum you have paid to us for the said order.
The transfer of ownership of the Products is made on the date of delivery of the Products to the address you have indicated to us.
Once you have received the Product, you bear all risk of damage to or loss of the Product.
In the presence of an apparent anomaly in the package (in particular damaged package, open package, traces of liquid, etc.), the Buyer or the Recipient of the ordered products must not open the package but is invited to bring it back unopened in a period of five working days in a post office or to refuse it in the presence of the deliverer and draw up a "report of spoliation".
The opening of said package excludes any recourse to the carrier (La Poste, DHL, etc.). The Buyer or the Recipient is also invited to report the problem encountered to lostenn.com by contacting customer service via contact@lostenn.com
In the case of multiple orders, we reserve the right to deliver the Products separately (each partial delivery being deemed to constitute a separate contract) or to deliver only part of the order.
The online store delivers orders to the following areas:
- Zone 1: Metropolitan France.
- Zone 2: Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden
- Zone 3: Switzerland
Costs and delivery times for zone 1:
- Colissimo: 10 euros - Delivery within 48 to 72 working hours** with delivery against signature.
** Valid for all orders placed before 11 a.m. (working day).
Delivery costs for zone 2:
- DHL Standard: 20 euros
Delivery costs for zone 3:
- DHL Express: 30 euros
Any customs or import charges are the responsibility of the customer.
ARTICLE 7.
RETURN OF PRODUCTS
If for any reason whatsoever you are not satisfied with your purchase, in accordance with article L.121-20 of the consumer code, you have a period of 14 clear days from the date of receipt to exercise your right of withdrawal and return to us at your expense the products ordered for reimbursement.
Incomplete, damaged, worn or soiled items are neither refunded nor exchanged. Similarly, returns are only accepted if the products have their original label still attached.
We will send you an email to confirm that your refund has been processed within fourteen (14) days of receipt of the returned item.
To proceed with returns, you must inform us by e-mail at contact@lostenn.com indicating your contact details, your order number, and the references of the items ordered.
We will then refund you the price of the Product and the related delivery costs, excluding return costs, within fourteen (14) days of the date on which you exercised your right of cancellation. The refund will be made to the card you used to place your order.
To make returns, it is necessary to replace the item in its original packaging with all the accessories and user manuals that accompany it, making sure to protect it properly, and return it to us, accompanied by the packing slip, to the following address:
LOSTENN DIFFUSION
We remind you that the costs of returning the items remain your responsibility, except in the event that we have delivered an item to you by mistake or if the item in question is damaged or defective.
Any order not received must be declared by the customer within a maximum period of 14 working days from the exceeding of the maximum period indicated for the delivery of the products by email to contact@lostenn.com. Upon receipt of the email declaring the non-receipt of the order, LOSTENN will carry out an investigation with the carrier concerned.
ARTICLE 8.
INTELLECTUAL PROPERTY
The "LOSTENN" trademark and all trademarks, whether figurative or not, and all other trademarks, trade names, service marks, illustrations, images, logos, registered or unregistered designs and models, copyrights and patents (hereinafter “the Elements of intellectual property”), appearing on our Products, in our Online Shop, on all accessories or packaging, registered or not, are and remain the exclusive property of LOSTENN DIFFUSION.
Any reproduction, complete or partial, modification or use of the Intellectual Property Elements, for any reason whatsoever or on any medium whatsoever, is strictly prohibited without the express prior written authorization of LOSTENN DIFFUSION. This prohibition also applies to any combination or use associated with any other mark, symbol, logo or, more generally, any distinctive sign intended to compose a logo.
ARTICLE 9.
LIMITATION OF LIABILITY
LOSTENN strives to ensure, to the best of its ability, the accuracy and updating of the information disseminated on the Shop, the content of which it reserves the right to correct at any time and without notice. However, LOSTENN cannot guarantee the accuracy, precision and completeness of the information made available on the Shop.
Consequently, LOSTENN declines all responsibility:
- FOR ANY INACCURACY, INACCURACY OR OMISSION RELATING TO INFORMATION AVAILABLE ON THE STORE.
- FOR ANY DAMAGE resulting from intrusion by a third party leading to a modification of the information made available on the Store.
- AND MORE GENERALLY FOR ANY DAMAGE, direct or indirect, whatever the causes, origins, nature and consequences, caused by anyone's access to the Shop or the impossibility of accessing it. Similarly, the use of the store and/or the credit granted to any information coming directly or indirectly from the latter cannot give rise to direct or indirect damage.
ARTICLE 10.
DATA PROTECTION PRIVACY POLICY AND COOKIES POLICY
Each user may at any time request the deletion of all of their personal data stored by LOSTENN by writing an email to contact@lostenn.com
The visitor is likely to provide personal data. The provision of this personal information is optional.
By entering this data in the Online Store, you guarantee that you are using your real identity, and that all the information you provide is true, current, real and complete at the time you provide it to us.
By placing an order, you agree and understand that we may store and process your personal data. LOSTENN fully respects the privacy of individuals using the Online Store.
LOSTENN DIFFUSION's privacy policy is an integral part of these General Terms and Conditions of Sale. The Privacy Policy defines in particular the conditions under which the personal data of Customers collected by the Seller on behalf of LOSTENN DIFFUSION are processed, or that the Customer provides to the Seller when the Customer places an order on the Site.
In addition, the cookie use policy applies to the www.lostenn.com site which is operated by or on behalf of LOSTENN DIFFUSION. It sets out how we use cookies and other similar technologies on our Sites.
The use of cookies is common on the Internet. Although most web browsers automatically accept cookies, the decision whether or not to accept cookies is yours. You can choose to accept or refuse cookies with or without giving your consent. You can adjust your browser settings to prevent the receipt of cookies, or to receive a notification each time a cookie is sent to you.
By using our Sites, you consent to the use of cookies in accordance with this Cookies Policy. If you do not agree to our use of cookies in this manner, you must refuse the use of cookies by selecting the appropriate settings on your browser or not use our Sites. The most common browser settings in this regard will be described below. However, please note that if you set your browser to refuse cookies, you may not be able to access all of the features of our Websites.
What is a cookie? Cookies are small files or data stored on your computer (or other Internet-enabled device, such as a smartphone or tablet) when you visit one of our Sites. A cookie typically contains the name of the website the cookie originated from, the "lifetime" of the cookie (i.e. how long it will stay on your device), and a value, which is usually a randomly generated unique number.
What are cookies used for? We use cookies to improve your browsing experience, make our Sites easier to use, and to better tailor the Sites and our products to your interests and needs. Cookies may also be used to make your future activities and experiences on our Sites faster. For example, they are used to remember your preferences (language, country, etc.) while browsing and on future visits. We also use cookies to compile anonymous aggregate statistics that allow us to understand how people use our Sites and help us improve their structure and content. We cannot personally identify you from this information. Sometimes, if we have obtained your informed consent in advance, we may use cookies, tags or other similar devices to obtain information that allows us to show you, either on our own Websites or on third party sites or by any other means, advertisements based on the analysis of your browsing habits.
What are the cookies used on this site not used for? We do not store sensitive personal information, such as your address, password, credit or debit card details, etc., in the cookies we use.
Who uses the information stored in cookies? The information stored in cookies on our Websites is used exclusively by us, with the exception of that from the “third-party cookies” identified below, which are used and managed by external entities to provide the services we have requested. to improve our services and the user experience when browsing our Websites. "Third-party cookies" are used mainly to obtain access statistics and to guarantee the payment transactions carried out.
Do we set cookies on a third-party medium? We may place our cookies on the websites of our partners displaying advertisements for our brands and/or products. These cookies are mainly used to present you with appropriate content, corresponding to your interests, and to evaluate the consultation of our content (including advertising).
What types of cookies do we use? Our Sites use cookies and/or other similar technologies such as device IDs, web beacons or web beacons to collect and store certain information. Typically, when using these technologies, pieces of information or code are transferred or accessed by a website to/from your computer's hard drive or mobile device to store and sometimes track information. about you. Cookies and similar technologies allow you to be recognized when you use the same computer or mobile device to interact again with websites and online services and can be used to manage a range of features and content, to store searches and to present personalized content.
WE USE THE FOLLOWING TYPES OF COOKIES: Strictly Necessary Cookies and Functionality Cookies. These are cookies which are necessary for the operation of our Sites and which are used according to the conditions defined with you. They include, for example, cookies that enable you to log into secure areas of our Sites and use a shopping cart. Functionality cookies allow us to recognize you when you return to our Sites. This allows us to personalize our content, to greet you by name and to store your preferences (for example your choice of language or region) subject to your choices and preferences.
Statistical cookies. They allow us to recognize and count the number of visitors and to determine how visitors move around our Sites. This helps us pursue our legitimate interests and improve the way our Sites work, for example by ensuring that users find what they are looking for easily.
Social and advertising cookies. These cookies record your visit to our Sites, the pages you have visited and the links you have followed. We will use this information, subject to your choices and preferences, to make our Sites and the advertisements displayed on them more relevant to your interests. We may also share this information with third parties for this purpose.
COOKIES FROM SOCIAL NETWORK PARTNERS AND ANALYSIS AND ADVERTISING PARTNERS
Google Analytics: Our Sites use Google Analytics, a web analytics service. Google Analytics uses cookies to help the Sites analyze how visitors use the Sites. The information generated by the cookie and relating to your use of the Sites (this information includes your IP address) will be transmitted and stored on a Google server located in the United States. Google uses this information for the purpose of evaluating your use of the Sites, compiling reports on Site activity for Site operators, and providing Site operators with other services relating to Site activity. Sites and Internet Use. You can prevent the storage and processing by Google of data relating to your use of the Sites generated via the cookie (this data includes your IP address) by downloading the browser plug-in available at the following link: https:// tools.google.com/dlpage/gaoptout?hl=en
Google Tag Manager: Our Sites also use Google Tag Manager. This service makes it possible to manage the “tags” of the Sites via an interface. "Tags" are small pieces of code that are used, for example, to measure traffic and visitor behavior, understand the effect of online advertising and social media, implement remarketing and marketing strategies. orientation towards target groups, and testing and optimizing websites. Google Tag Manager only implements tags. This means that no cookies are used and therefore no personal data is stored. We list them here to be exhaustive and to be transparent about the tools we use. If you have opted out at domain or cookie level, this opt-out remains in place for tracking tags if implemented with Google Tag Manager.
How to customize your cookie preferences in your internet browser settings? Internet browser settings are generally programmed by default to accept cookies, but you can make adjustments easily by modifying your browser settings. However, if you choose to disable cookies on your browser, you may not be able to take advantage of all the features offered by our Sites.
FOR MORE INFORMATION ON HOW YOU CAN CUSTOMIZE YOUR COOKIE OPTIONS IN YOUR BROWSER SETTINGS, PLEASE CONSULT THE FOLLOWING LINKS: For Internet Explorer™: http://windows.microsoft.com/en-us/windows7/how -to-manage-cookies-in-internet-explorer-9; For Safari™: http://support.apple.com/kb/HT1677?viewlocale=en_US; For Chrome™: https://support.google.com/chrome/answer/95647?hl=en; For Firefox™: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences; For Opera™: http://help.opera.com/Windows/10.20/en/cookies.html.
For information on other commonly used browsers, please visit http://www.allaboutcookies.org/manage-cookies/.
Please note that if cookies are disabled, some features of the Sites (eg online ordering) may not work as intended.
ARTICLE 11.
AMENDMENTS TO THESE GENERAL CONDITIONS
LOSTENN informs visitors to the Store that these conditions may be modified at any time. These modifications are published by posting them online and are deemed to have been accepted without reservation by any visitor who accesses them after they are posted online.
ARTICLE 12.
FORCE MAJOR
We cannot be held responsible for any delay or failure in the performance of our obligations under these General Conditions, if this delay or failure is attributable to a cause beyond our control.
ARTICLE 13.
APPLICABLE LAW AND JURISDICTION
These General Conditions, and all transactions relating to the Online Store, are governed by French law.
Any dispute will therefore be subject to the jurisdiction of the French courts.