Terms & Conditions
These general conditions of sale are up to date on January 6, 2017.
These general conditions of sale (hereinafter ‘’ CGV ‘’) are offered by the company Leon & Harper (hereinafter "The Company"), SAS company with a capital of 80,000 euros, registered in the Paris Trade and Companies Register under number 519 041 719, whose head office is 68 rue Charlot, 75003 Paris. Its email address is valentin@leonandharper.com and its individual intra -community VAT identification number FR 77 519 041 719.
The company is the owner and publisher of the Leonandharper.com website (hereinafter ‘’ Le Site ‘’). The site is hosted by Typhon Claranet, company SAS, domiciled at 18-20 rue du Faubourg du Temple 75010 Paris, reachable at 0826007656.
The director of publication is Philippe Corbin.
The site offers the customer (hereinafter ‘’ the client ‘’) the possibility of acquiring clothing shoes and fashion accessories.
Before any use of the site, the customer must ensure that he has the technical and computer means allowing him to use the site and order the products of the site, and that his browser allows secure access to the site. The customer must also ensure that the computer configuration of his equipment/equipment is in good condition and does not contain viruses.
The purpose of these CGVs are to define all the conditions under which the company markets products as offered for sale on the site to customers. They therefore apply to any order (‘’ order ‘’) of products placed on the site by the customer.
The Customer declares that they have read and accepted these GTCs before placing his order.
The validation of the order is therefore worth acceptance of these GTC. These are regularly updated, the applicable GTC are those in force on the site on the date of ordering the order. The customer will be kept informed of the CGV changes by any means.
Any contrary condition made by the customer would therefore be, in the absence of express acceptance, unenforceable in the company whatever the moment when it has been able to be brought to its attention.
The fact that the company does not prevail at some point of any provision of these GTCs, cannot be interpreted as a waiver of reinforcement of any provision of said CGVs later.
The products offered for sale are described and presented with the greatest accuracy possible. Nevertheless, a minimal variation in the color of the products does not engage the responsibility of the company and does not affect the validity of the sale
The company reserves the right to correct the content of the site at any time.
The customer selects the product (s) he wants to buy, and can access his order summary at any time.
The summary of the order presents the list of the product (s) that the customer has selected, and includes any additional costs such as the delivery price adding to the price of the order (s) of the order. The customer has the possibility of modifying his order and correcting any errors before making it to accept his order.
After accessing the summary of his order, the Customer confirms the acceptance of his order by checking the CGV validation box, then clicking on the order validation icon.
After acceptance of the GTC and validation of the order with payment obligation, the contract is validly concluded between the company and the customer and irrevocably engages them.
After the validation of his order and in order to be able to make the payment, the Customer seizes the contact details to which he wishes to obtain the invoicing of the ordered product (s), and the delivery if these addresses are different. The product delivery process (s) is described in article 5 of these GTC.
The customer validates his billing and delivery contact details the case undergoes by checking on the validation box of the contact details. The company then sends him an order confirmation by email, taking up the elements of the summary of his order and the invoicing addresses and, if necessary, delivery entered.
After having validated his billing coordinates and if necessary delivery, the Customer pays his order according to the terms specified in articles 5.3 and following of these GTC.
The prices are mentioned on the site in the descriptions of the products, in euros and all taxes included. If the sale implies the payment of customs law, these are the responsibility of the customer, in accordance with the inciter: Delivered at Place (DAP).
The total amount is indicated in the summary of the order, before the Customer accepts these CGV, validates his order, informs and validates his billing coordinates and if necessary to delivery and proceeds to payment. This total amount is indicated in all taxes included.
The order of products on the site is payable in euros. All of the payment must be made on the day of the order by the Customer, by bank card, unless special conditions of sale expressly accepted by the Customer and the Company.
In the event of payment by bank card, the site uses the security system of shopify payment, provider specializing in online payment security. This system guarantees the customer the total confidentiality of his banking information. The bank transaction by bank card, made between the customer and the secure system, is therefore fully encrypted and protected. This means that information related to the ordering and number of the bank card does not circulate on the internet. The customer's bank details are not stored computerly by the company.
Payment can be made via Paypal (Paypal Europe S.à R.L. & Cie, S.C.A. 22-24 boulevard Royal. 5th floor. 2449 Luxembourg), which uses the SSL (Secure Socket Layer) protocol in such a way that the information transmitted is encrypted by software and that no third party can read it during transport on the Internet. The customer is not required to have a PayPal account to pay the order. On the paypal.com payment page, there is an option dedicated to non -holders of a PayPal.com account that the customer can use. The site not being responsible for the Paypal.com site, it may in no case be held responsible by the customer for the consequences of improper use of the said sites on its part, nor for the inaccessibility of this site if the possibility came to arise. The customer's account will be debited immediately.
The customer guarantees the company that he has the authorizations necessary to use the payment method, when placing the order.
The company reserves the right to suspend or cancel any execution and/or delivery of an order, regardless of its nature and level of execution, in the event of default of payment or partial payment of any sum which would be Due by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site and the payment of an order.
The products offered on the site can be delivered to the European Union to (exclusion of French overseas departments and territories and Spain), Switzerland and Norway. In the event of delivery outside the European Union, customs and delivery costs being borne by the customer.
The company undertakes to deliver the products within a period not exceeding 7 days from the date of order.
The customer is informed by email, when his order is ready, of his shipment. The ordered product (s) is delivered to the delivery address indicated by the Customer when ordering under the conditions specified in article 5 (in full) of these GTC .
The Customer must ensure that the information communicated referred to in article 8 and mentioned in the confirmation email referred to in article 3.9 of these GTCs are correct, and that they remain until complete delivery of the Product (s) ordered. The Customer therefore undertakes to inform the company of any change in billing and/or delivery contact details which could intervene between order and delivery, by sending, without delay, an email to email customer service. Otherwise, in the event of late and/or delivery error, the Customer cannot in any case engage the responsibility of the company in the event of a delivery defect, and the customer service of the company will contact the Customer for a second delivery on client fee.
The company will not be responsible either if the non-reception of products is due to a third party outside of its intervention or in the event of theft.
If the order is returned due to the absence of the Customer, the company's customer service will contact the customer for a second delivery to the customer.
The Customer may follow the delivery of his order by contacting Customer Service, the number of which appears in article 6 of these GTC.
For any request for information, details or for any complaint, the customer must contact, as a priority, the company's customer service, in order to allow the latter to try to find a solution to the problem.
The company's customer service is accessible from Monday to Friday by:
- Email: valentin@leonandharper.com
- mail : Leon & Harper, Customer Service, 68 rue Charlot 75003 Paris, France
Legal guarantees:
All the products offered by the company are subject to the legal guarantee of compliance provided for by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and Guarantee of hidden defects provided for in articles 1641 and 1648, first paragraph, of the Civil Code:
Article L.217-4 of the Consumer Code: '' The seller delivers a property in accordance with the contract and responds to existing compliance faults during delivery. It also responds to compliance defects resulting from the packaging, instructions from assembly or installation when it was charged by the contract or was carried out under its responsibility ''.
Article L.217-5 of the Consumer Code: ‘’ Good is in accordance with the contract:
1 ° If it is specific to the usually expected use of a similar property and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that he presented to the buyer in the form of a sample or model;
- if he presents the qualities that a buyer may legitimately expect having regard to public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2 ° or if it presents the characteristics defined by mutual agreement by the parties or be specific to any special use sought by the buyer, brought to the attention of the seller and that the latter accepted ‘’.
Article L.217-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the issuance of the property."
Article 1641 of the Civil Code: '' The seller is held from the guarantee due to the hidden defects of the thing sold which make it unfit for the use to which it is intended, or which reduce this use so much that the buyer does not would not have acquired, or would have given only a lower price, if it had known them. ''
Article 1648 of the Civil Code, first paragraph: ‘’ Action resulting from crippling vices must be brought by the buyer within two years from the discovery of the vice. ’’ ’’ ’’ ’’ ’’ ’’ ’’ ’’ ’’ ’’ ’’ ’
If a customer considers to have received a product which he considers as defective or non-compliance, he must contact the company, as soon as possible from the reception of the order, at the following email address: Valeint (AT) leonandharper.com, or by registered mail with acknowledgment of receipt to the following address: Leon & Harper, Customer Service, 68 rue Charlot, 75003 Paris, France, specifying the defect or non-compliance in question.
It will be up to the customer to provide any justification for the designation of apparent defects and/or anomalies noted. The customer must leave the company any facilitated to proceed to the observation of these vices or non -conformity and to remedy them if necessary. He will refrain from intervening himself or to bring a third party to this end.
If the vices and/or anomalies are confirmed by the company, the latter will then send the customer his instructions on how to proceed after having read the complaint thus made and, if necessary, will replace the product whose company would have been led to note the lack of conformity, or the defect.
In the event that the exchange of the product is impossible, the company will be required to reimburse the customer within fourteen days of receipt of the product. The refund will be made on a proposal from the company by credit on the customer's bank account, the customer who can opt for another method of reimbursement than that offered.
The Customer undertakes to respect the terms of these GTCs.
The customer undertakes to use the site and the products in accordance with the company's instructions.
The customer agrees that he only uses the site for his personal use, in accordance with these GTCs. In this regard, the customer should abstain:
To use the site anyway illegal, for any illegal purpose or in any case incompatible with these GTC.
To sell, copy, reproduce, rent, lend, distribute, transfer or concede under subsidiary all or part of the content appearing on the site or decompile, burn, difficult, modify, display in readable form by the customer, try to discover Any source code or use any activating software or including all or part of the site.
To try to obtain unauthorized access to the computer system of the site or to engage in any disturbing activity, reducing quality or interfering with performance or deteriorating the functionalities of the site.
To use the site for abusive purposes by voluntarily introducing viruses or any other malicious program and trying to access the site in an unauthorized manner.
To infringe the intellectual property rights of the company and/or to resell or to try to resell the products to third parties.
To denigrate the site and/or the products as well as the company on social networks and any other means of communication.
If, for any reason, the company considers that the customer does not respect these GTC, the company can at any time, and at its sole discretion, delete its access to the Site and take all measures including any civil and criminal legal action His one.
In accordance with articles L.121-18 and following of the Consumer Code, the Customer has a period of 14 clear days from the reception of the last product ordered on the Site to exercise his right of withdrawal with the Company, Without having to justify reasons or pay penalty.
To exercise his right of withdrawal of the order, the Customer must notify his decision to withdraw by means of a declaration devoid of ambiguity, without justifying reasons. The Customer can communicate his decision to withdraw to the Company by any means, in particular by sending it by mail to the Company to the following address: Leon & Harper, Customer Service, 68 rue Charlot, 75003 Paris or by email in Valentin (AT) Leonandharper.com.
The customer has a return platform in order to exercise his right of withdrawal, accessible from the account space or directly via this link: https://www.leonandharper.com/a/return. Once the procedure is followed, the withdrawal decision is transmitted directly to the company.
In the event of notification to the Company by the Customer of his withdrawal decision, regardless of the means employed, the company will send him without delay an acknowledgment of receipt of the withdrawal on a lasting medium (in particular by email).
The customer must return the product (s) in the same state as that in which he received them, and with all packaging elements, accessories and notices (even if the product (s) A or have been unpacked (s)), as soon as possible and at the latest within 14 days from the notification of the decision to withdraw from this contract, at the following address: Leon & Harper, Ecommerce returns, 122 rue Paul Vaillant Couturier, 93130 Noisy-le-Sec. In accordance with the law, the customer pays for the costs of returning the product (s).
The customer is invited to indicate the reason for return/withdrawal, to help the company improve its service.
In the event of customer withdrawal, the reimbursement of the product (s) which has (have) been the subject of the right of withdrawal is made by the company by the same means of payment as that used for the initial transaction, unless the customer agrees expressly of a different means. In any event, this reimbursement will not cause costs for the customer. The reimbursement is made as soon as possible, and no later than 14 days from the day the company is informed of the decision of the customer to withdraw their order.
In accordance with article L.221-23 of the Consumer Code, the Customer is informed that his responsibility is not engaged in respect of the company for a depreciation of the product (s), returned following the 'Exercise of his right of withdrawal, resulting from manipulations other than those necessary to establish the nature, the characteristics and the proper functioning of this or these goods.
The company implements all measures to ensure the customer the supply, under optimal conditions, of quality products. However, it cannot in any case be its responsibility engaged for any non -performance or poor execution of all or part of the services provided for in the contract, which would be attributable either to the customer, or to the unpredictable and insurmountable fact of a third party foreign to the contract, or to A case of force majeure. More generally, if the responsibility of the company was engaged, it could in no case agree to compensate the customer for indirect damage or whose existence and/or quantum would not be established by evidence.
The site may contain links to other unpublished sites or controlled by the company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
The implementation of such links or the reference to any information, articles or services provided by a third person, cannot and cannot be interpreted as an express or tacit approval, by the company, of these sites and these elements neither of their content.
The company is not responsible for the availability of these sites and cannot control its content or validate the advertising, products and other information disseminated on these websites.
It is expressly stipulated that the company can in no way be held responsible, in any way whatsoever, in case the computer equipment or the electronic messaging of customers rejects, for example because of an anti-spam, the Electronic letters addressed by the company, and in particular, without this list being exhaustive, the copy of the payment ticket, the summary state of the order referred to in article 4.9 of these GTCs and the electronic mail email .
The Customer is fully aware of the provisions of this article and in particular the above -mentioned guarantees and limitations of responsibility, essential conditions without which the company would never have contracted.
PERSONAL DATA
The company attaches great importance to compliance with privacy and takes all the necessary measures to ensure the confidentiality and security of the personal data of customers. It will keep the cookies of the site recovered by computer, tablet and telephone for 13 months.
As part of the supply of products, the company collects personal data from customers and in particular the following data:
- E-mail address
- First name
- Name
- Postal address and delivery address
- Date of birth
- Country
- Password
- Consumption data
- Banking contact details only in the event of an order (transmission to the payment provider)
To this end, the processing of customer data is declared to the CNIL under number 1556330.
The company collects and processes the personal data of customers for the following purposes:
Supply of products and services on the site;
Order management ;
Returning management, exercise of the right of withdrawal, payment, invoicing, etc.;
Information on the company, the services, and the activities of the company;
Answer to any questions/complaints of customers;
Development of statistics;
Management of requests for access, rectification and opposition rights;
Management of unpaid and litigation.
Data relating to the management of personal data of customers is kept for the strictly necessary duration as defined by the Data Protection Act as modified.
The personal data of customers is processed by the company's sales department as well as by partner and subcontractors of the company.
The company can also communicate personal data in order to cooperate with the administrative and judicial authorities.
The company ensures that customers' personal data is adequate and appropriately and has taken useful precautions in order to preserve the security and confidentiality of data and in particular prevent it from being distorted, damaged or communicated to unauthorized persons.
Customer bonds
Customers recognize that personal data disclosed by them is valid, up to date and adequate;
Customers undertake not to infringe privacy, image and protection of personal data from any third party and thus not to communicate to the company the data of thirds without their consent.
Under Decree No. 2011-219 of February 25, 2011 relating to the conservation and communication of data to identify any person who has contributed to the creation of a content posted online, the customer is informed that the host of the site has the obligation to keep for a period of one year from the day of content creation, for each operation contributing to the creation of content:
The connection identifier at the origin of communication;
The identifier awarded by the content information system, the object of the operation;
The types of protocols used for connection to the service and for the transfer of content;
The nature of the operation;
The date and time of the operation;
The identifier used by the author of the operation when the latter provided it.
In the event of termination of the contract or the closure of the account, the host must also keep for one year from the day of the termination of the contract or the closure of the account The information provided when subscribing to a contract (order ) by the customer or when creating an account, namely:
At the time of the account creation: the identifier of this connection;
Names and surnames or corporate name;
Associated postal addresses;
The pseudonyms used;
Email or associated account addresses;
Telephone numbers;
The password as well as the data allowing to check it or modify it, in their latest updated version.
Each computer connected to the Internet has an IP address. As soon as a customer navigates on the site, the company collects the client's IP address in order to analyze traffic on the site and control the activity of the customer on the site in order to ensure that the latter does not does not carry out acts likely to undermine the general conditions of sale appearing on the site.
Finally, in accordance with the Data Protection Act dated January 6, 1978, customers have a right of access, rectification, deletion as well as the right of opposition for legitimate reasons for the processing of their collected data and Treaty by the company, by directly contacting the company to the following email address: Valentin (at) leonandharper.com
Cookies and statistical tools
As part of the use of the site by customers, the company is likely to use cookies.
In accordance with the deliberation of the CNIL n ° 2013-378 of December 5, 2013, the company also informs customers that cookies record certain information which is stored in the memory of their computer equipment/equipment. This information is used to improve the use and operation of the site as well as the other services of the company. An alert message asks each person visiting the site beforehand, if they want to accept cookies. These cookies do not contain confidential information concerning customers.
The customer going to the site's home page will be informed:
precise purposes of the cookies used;
the possibility of opposing these cookies and changing the parameters by clicking on a link present in the banner;
And because the continuation of its navigation is worth an agreement to the deposit of cookies on its terminal.
To guarantee the free, informed and non -equivocal consent of the customer, the banner will not disappear as long as it has not continued its navigation.
Unless the customer's prior consent, the deposit and reading of cookies will not be carried out:
If the customer goes to the site (home page or directly on another page of the site) and does not continue his navigation: a simple absence of action cannot be assimilated to a manifestation of will;
Or if he clicks on the link present in the banner allowing him to configure cookies and, if necessary, refuses the deposit of cookies.
SECURITY
The Customer undertakes not to infringe the security of the site. To this end, he undertakes not to carry out any fraudulent access and/or maintenance in the company's information system. The customer cannot harm or hinder the company's information system. Otherwise, the company may take any measure against it and in particular to engage its criminal responsibility for articles 323-1 and following of the Criminal Code.
All the elements of this site and the site itself are protected by copyright, the law of brands, drawings and models and/or any other intellectual property rights. These elements are the exclusive property of the company. All of these rights are reserved for the whole world.
No title or any right on any elements or software will be obtained by download or copy of items from this site. The customer is strictly prohibited to reproduce (apart from their personal and non -commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this site and to the elements and software it contains, no more Whether modifying them or doing any work by taking them as a basis or selling or participating in any sale in relation to this site, the elements of this site or any software relating to it.
The company grants the customer a non -exclusive license to use the site. This license is strictly personal and cannot in any case be assigned or transferred to any third party. The license is conceded for the duration of use of the site.
Any use by the Customer of Social Denominations, Brands and Distinct signs belonging to the Company is strictly prohibited except in the event of an express prior agreement of the Company.
By registering on the site, the user expressly gives his agreement to the company so that it can send him, at a frequency and in a form determined by the customer electronic messages such as notably SMS, MMS, RCS , newsletter or any electronic communication.
For each of the shipments, the company will offer in the body of the message the ability to unsubscribe from the distribution list. By registering on the site by choosing to give their contact details, the user agrees to receive commercial offers from the company, electronically.
These GTC are governed and interpreted in accordance with French law, without taking into account the principles of law conflicts.
In the event of a dispute likely to occur on the occasion of the interpretation and/or the execution of these or in relation to these GTC, the Customer may decide to submit the dispute with the Company to a conventional mediation procedure or Any other alternative mode of dispute settlement. The customer can in particular contact the Paris Mediation and Arbitration Center, 39 avenue Franklin Roosevelt, 75008 Paris, 01 44 95 11 40, email: cmap@cmap.fr. In the event of a persistent dispute, the parties undertake to bring their dispute in the competent courts depending on the jurisdiction of the Paris Court of Appeal.