In these General Terms and Conditions, each of the terms below is understood to have the meaning of the following definition:
– The term “Customer” is understood to be any physical person acting for purposes that are not part of his commercial, industrial, self-employed or liberal activity, aged at least 18 and making a purchase via “L’Esprit Français” website.
– The abbreviation “GTC” stands for the General Terms and Conditions of sale, which govern the contractual relationship between “L’Esprit Français” and the User / Customer.
– The term “Site” stands for the website accessible at the following URL address: http://www.lespritfrancais.com/
– The term “User” is understood to be any person using the Site or one of the services proposed on it.
GENERAL TERMS AND CONDITIONS FOR ACCESSING AND USING THE SITE
In accessing and/or using the site www.lespritfrancais.com, the Customer agrees to comply with and accept all the stipulations of these General Terms and Conditions, which form a contract between “L’Esprit Français” and the User / Customer.
The Site is accessible free of charge to any User who has access to the Internet.
The User is responsible for his computer equipment and for his Internet access. The User/Customer is responsible for paying all the costs linked to accessing the Site.
“L’Esprit Français” will make every effort to provide access to the Site 24 hours a day, 7 days a week, but may not be held liable for any problem or malfunction on the Site that may prevent access to the Site and/or the different services proposed by “L’Esprit Français”. “L’Esprit Français” will do its utmost to resolve any problems as soon as possible.
GENERAL TERMS AND CONDITIONS OF SALE
- Article 1: Field of application
- Article 2: Availability of articles
- Article 3: Orders
- Article 4: Prices
- Article 5: Payment
- Article 6: Customs
- Article 7: Delivery
- Article 8: Satisfied or refunded
- Article 9: Named or private information
- Article 10: Cookies
- Article 11: Exclusion of responsibility
- Article 12: Intellectual property
- Article 13: Disputes – Law applicable to relations with the customer
- Article 14: The customer’s acceptance
Article 1 : Field of application
These General Terms and Conditions of Sale set out the terms and conditions that apply to sales concluded between individuals making a purchase via the Site and “L’Esprit Français”. They apply to all orders received by “L’Esprit Français”.
“L’Esprit Français” reserves the right to modify these GTC, delete certain clauses or add new ones. These General Terms and Conditions of Sale may be modified at any time without notice.
Article 2 : Availability of articles
The articles are proposed within the limits of available stocks and, for those not kept in stock by “L’Esprit Français”, within the limits of their availability from its suppliers. Although the databases of “L’Esprit Français” are regularly updated, certain articles may be temporarily or permanently unavailable from its suppliers.
If the product ordered by the Customer cannot be delivered without a delay, “L’Esprit Français” agrees to inform the Customer as soon as possible of any delivery delay.
If the product cannot be replenished at all or without an abnormally long delay, “L’Esprit Français” agrees to replace the ordered article with an article that offers the same performance and is of a similar or higher value than the original product. If “L’Esprit Français” is unable to procure a replacement article, the Customer will be refunded within 14 days at the latest of the date on which he has exercised his right of withdrawal. The Customer’s order will then be automatically cancelled.
For any question relating to a cancellation or exchange, the Customer may contact Customer Services by e-mail at the following address: email@example.com
Article 3 : Orders
The Customer may place an order on the Site www.lespritfrancais.com
The order process is as follows:
- Choose the articles and add to the basket
- Confirm the contents of the basket
- Identify yourself on the Site www.lespritfrancais.com
- Set up an account
- Choose the delivery method
- Choose the payment method and accept the GTC
- Confirm the payment
The Customer will receive an order confirmation e-mail.
During these different stages, the Customer can view the details of his order and its total price and correct any errors before confirming the order to express his acceptance.
“L’Esprit Français” retains ownership of the articles until the order has been paid for in full, i.e. until the price of the order has been collected.
“L’Esprit Français” reserves the right to cancel or refuse any order from a Customer with whom it is in dispute relating to the payment of a previous order or which it considers to present any form of risk whatsoever.
All orders are considered to be an acceptance of the prices and the description of the articles on sale.
The Customer’s order is processed and delivered within a maximum of 30 days from its receipt by “L’Esprit Français”.
“L’Esprit Français” reserves the right to check the personal details communicated by the Customer and to take any steps it considers necessary to check that the person who has placed the order is the person who owns the means of payment used, in order to avoid any usurpation of identity or fraudulent payment.
Article 4 : Prices
The prices are shown on the Site in Euros, including VAT, but not including shipping costs. Any prices shown in another currency are given for guidance purposes only.
All orders, regardless of their origin, are invoiced and payable in Euros only.
Delivery charges will be calculated automatically once the Customer has confirmed his order; they will appear in the summary of the price to be paid.
The cost of delivery depends on the articles ordered and their number, the delivery zone and delivery service chosen by the Customer.
The Customer has sole responsibility for paying any Customs charges and local taxes applicable in the delivery country, as stated in article 6 below.
The prices shown may be modified at any time without notice. However, the articles will be invoiced at the price in force when the order is registered.
The articles remain the property of “L’Esprit Français” until the price has been paid for in full, regardless of the date on which the product is delivered. However, the burden of risk is transferred to the Customer as soon as he has received the articles. The Customer should therefore check the contents of the parcel.
Article 5 : Payment
The purchases made on the Site must be paid for with the order by bank card. The following networks are accepted: CB, VISA, AMERICAN EXPRESS, MASTERCARD, PAYPAL, JCB and CUP (Union Pay), unless stated otherwise (trial offer, authorized credit).
The cost of the orders paid by bank card is collected on the day on which the order is shipped (only products that are delivered are invoiced). Where the Customer has ordered more than one article, “L’Esprit Français” reserves the option of shipping the ordered products separately. In this case, the Customer will be invoiced only once for the delivery charges and the entire cost of the order and the delivery charges will be collected on the day on which the first article is shipped.
“L’Esprit Français” uses the SSL (Secure Socket Layers) system: all the information relating to the orders placed by the Customer (including his name, address, credit card number and control number) are encrypted so that the information communicated is protected when it is sent to the order processing centre. It never circulates unencrypted on the Internet. The “lock” icon at the bottom of the Customer’s browser window confirms that the secure mode has been activated.
The 3DSecure system is also used on the payment platform to limit the risk of Internet fraud linked to attempts to usurp the Customer’s identity. The system consists of ensuring that the card is used by its actual holder for every online payment.
Article 6 : Customs
Customs duties or other local taxes (local VAT, customs levy, import duties, etc.) may be payable on orders shipped to countries other than Metropolitan France. The Customer is responsible for paying these charges and takes sole responsibility for all declarations and payments to the competent authorities.
“L’Esprit Français” has no control over these costs. As customs policies vary significantly from one country to another, the Customer must therefore contact the local Customs authority for further information. Furthermore, by placing an order on the Site, the Customer is considered to be the official importer and must comply with all the laws and regulations of the country in which he receives the ordered articles. “L’Esprit Français” draws the attention of its international customers to the fact that cross-border deliveries are likely to be opened and inspected by the Customs authorities.
Article 7 : Delivery
7.1 The articles are delivered to the delivery address given with the order within a maximum of 30 days of receipt of the order. To ensure that there are no difficulties in delivering the order, we recommend giving an address to which your order can be received during working hours.
7.2 Concerning deliveries outside Metropolitan France, the ordered articles are imported into the destination country by the Customer and under his responsibility. It is up to him to seek all the necessary information from the local authorities concerned and to carefully carry out all the formalities specific to the importation of these articles into the destination country. The Customer takes sole responsibility for paying any Customs charges or local taxes, as stated in article 6 above.
7.3 In the event of a dispute over delivery (parcel damaged, already open, etc…), all claims must be sent to “L’Esprit Français” within 48 hours of receiving the order, in addition to any reservations expressed to the carrier under legal conditions. Following this, and subject to checks on the accuracy of the Customer’s reservations, the Customer may benefit from the terms and conditions set out in article 7 below relating to exchanges or refunds.
Article 8 : Satisfied or refunded
8.1 Right of withdrawal
The customer has a legal period of 14 clear days in which to exercise his right of withdrawal from the date on which he receives the goods. He does not have to give reasons or pay any penalties.
The arrangements for exercising the right of withdrawal are as follows:
The Customer must inform “L’Esprit Français” of his decision to withdraw by sending the Company either the withdrawal form (click here), or an unambiguous statement clearly expressing his wish to withdraw, to the following address: firstname.lastname@example.org
The Customer must then return the product and the corresponding invoice in the original packaging by post only within 14 days at the latest of communicating his decision to withdraw to:
CCI Portes de Normandie
215 Route de Paris
The Customer must pay the return costs.
8.2 Condition of the articles
All articles must be returned perfectly intact.
On receipt of the parcel, “L’Esprit Français” will decide whether or not the returned goods are in perfect condition. Returns will not be accepted if the returned articles have been visibly used or damaged by the Customer and if this use or damage has made the articles unfit for sale. If “L’Esprit Français” refuses the return, the articles will be returned to the Customer at “L’Esprit Français”’ expense and the Customer may not seek any form of compensation or have a right to a refund, unless he later exercises his rights concerning the guarantee on the goods sold to him.
8.3 Refunds on returns
The Customer will be refunded in full for the money he has paid (the price of the order that he has returned plus the shipping costs (except for extra costs arising from his choice of a more expensive delivery method than the standard method proposed by “L’Esprit Français”) on receipt of and following checks on the returned articles and within 14 days at the latest of the date on which he has exercised his right of withdrawal.
“L’Esprit Français” may defer the refund until the articles have been received in its warehouse or the Company has received proof that the articles have been shipped, the chosen date being the first of these two.
All the articles proposed by “L’Esprit Français” are covered by the legal guarantee referred to in articles L221-1 and following of the Consumer Regulations and by the hidden defects guarantee referred to in articles 1641 and following of the Civil Code.
The Customer has two (2) years in which to make a claim on one or the other of these guarantees.
The non-compliance deadline runs from the date of delivery.
The hidden defects deadline runs from the date on which the defect was discovered.
If an assessment shows that there the goods are affected by the visible defect, hidden defect or non-compliance declared by the Customer, “L’Esprit Français” undertakes to refund the Customer at its own expense and within fourteen (14) days at the latest.
“L’Esprit Français” may not however be held liable for any incorrect and/or intensive use of the articles by the Customer. Similarly, “L’Esprit Français” will not accept responsibility for the return by the Customer of a competitive product and/or a product not sold on the Site. It is the Customer’s responsibility to return the correct article.
Article 9 : Named or private information
“L’Esprit Français” treats all the information concerning its clientele with the utmost confidentiality.
9.1 “L’Esprit Français” undertakes to respect the confidentiality of the personal information communicated by the Customer on the Site and to process it in compliance with the “Loi Informatique et libertés” no. 78-17 of 6 January 1978.
9.2 “L’Esprit Français” informs the Customer that this information will be used by its internal services:
For processing the Customer’s order,
For reinforcing and personalizing its communication with the Customer.
9.3 “L’Esprit Français” informs the Customer that it may also communicate his personal information in order to accomplish the tasks required to execute the Customer’s order, deliver the goods and carry out certain services, to fight against fraud and, more generally, any criminally reprehensible activity, for certain aspects of after-sales service and to carry out satisfaction surveys.
“L’Esprit Français” may also communicate this information in response to an injunction issued by the legal authorities.
9.4 Furthermore, in accordance with the “Loi Informatique et libertés” no. 78-17 of 6 January 1978, the Customer may at any time exercise his right to access the file, his right of objection and his right to correct or delete any information concerning him by sending his request by e-mail to the following address: email@example.com or by post to the following address: L’Esprit Français, CCI Portes de Normandie, 215, Route de Paris, 27000 EVREUX.
Article 10 : Cookies
When the Customer browses on the Site, cookies from partner companies may be placed on his computer. These cookies aim to identify the articles consulted or purchased on the Site and to collect browsing data in order to personalize the advertising offer directed at the Customer outside the Site www.lespritfrançais.com.
As part of this advertising partnership, “L’Esprit Français” may send the partner data concerning the articles consulted by the Customer when he browses on the Site and the type of purchases he makes.
The Customer may refuse these cookies at any time by selecting the appropriate parameters in his browser. This refusal will, however, prevent him from accessing certain functionalities proposed by the partners of “L’Esprit Français”.
Article 11 : Exclusion of responsibility
The titles or appellations and images of the articles presented in the databases on the Site were entered according to the information communicated by the publishers or suppliers. “L’Esprit Français” is not responsible for their content and may not be held liable vis-à-vis the Customer.
The proposed articles comply with the French legislation in force. “L’Esprit Français” declines all liability if the delivered article does not comply with the legislation of the country to which it has been delivered. “L’Esprit Français” may not be held liable if the contract cannot be executed due to a stock shortage or the non-availability of products, a total or partial strike of the shipping services, a case of force majeure, flood, fire, etc.
Except in cases in which it has duly informed the Customer of the existence of illegal content under the terms of the legislation in force and has not acted promptly to withdraw it, “L’Esprit Français” may not be held liable for the content of websites to which the Customer may be directed via hypertext links.
“L’Esprit Français” declines all liability if the ordered products have been used in an abnormal way. To this end, the Customer will find all warnings and precautions to take when using his product on the labelling and/or explanatory notes attached to the product. “L’Esprit Français” recommends that Customer complies strictly with these precautions, and particularly the use-by date shown on the product and the storage precautions. In addition, in order to get the best out of his product, the Customer undertakes to carefully follow the manufacturer’s instructions.
Article 12 : Intellectual property
12.1 All the texts, comments, publications, illustrations, works and images reproduced or represented on the products and “L’Esprit Français” site are strictly protected by copy right and intellectual property rights for the entire world. In accordance with the provisions of the Intellectual Property Regulations, they may only be used for private purposes, subject to the different and even more restrictive provisions of the Intellectual Property Regulations. All total or partial reproduction or representation of the products and the “L’Esprit Français” site or all or part of the elements found on the products and site is strictly prohibited.
12.2 The company names, trademarks and distinctive signs reproduced on the products and “L’Esprit Français” site are protected by trademark law. The reproduction or representation of all or part of one of the above-mentioned signs is strictly prohibited and must be authorized in advance in writing by the holder of the trademark.
12.3 Any violation of “L’Esprit Français”’ rights exposes the perpetrator to the sanctions prescribed by the Intellectual Property Regulations for infringement of copyright (article L. 335-1 and following), trademark law (article L. 716-1 and following) and the Civil Code with regard to public liability (articles 1382 and following).
Article 13 : Disputes – Law applicable to relations with the Customer
These General Terms and Conditions are governed by French law. In the event of a persistent disagreement over the application, interpretation and execution of these GTC, and if an amicable agreement cannot be reached, all disputes will be referred to the competent French courts.
Article 14 : The customer’s acceptance
By clicking on the “Confirm” button, the Customer declares that he accepts the order and these General Terms and Conditions of Sale in their entirety. The information recorded by “L’Esprit Français” may be used to constitute proof of all the operations and financial transactions carried out by the Customer.