CGV – Applicable to consumers
1. IDENTITY OF SELLER. LDLC EVENT (Our Company), owner of the site www.ldlc-ol.com (the Site), is an SAS with a share capital of 30,304 euros whose head office is located at 2 rue des Érables – 69760 LIMONEST (telephone number + 33 (0)188.8.131.52.77), registered in the Trade and Companies Register of Lyon under number B 820 257 103 (VAT FR 49 820 257 103).
2. APPLICATION OF TERMS. These GCS are applicable to all sales concluded with consumers on the Site. You agree that the information requested for the conclusion of the contract or that sent during its execution be transmitted electronically. The GCS may be modified at any time and without notice by Our Company, the modifications then being applicable to all subsequent orders. The applicable GCS are those in force on the day of the order, they are sent by email with the invoice.
3. ORDERS . The essential characteristics of the product are indicated in the “product sheet”. Our Company may update, improve its files, withdraw products from sale. The period of availability on the market of the spare parts essential for the use of the good is communicated when we are informed of it by the manufacturer. For products not stocked in our warehouses, our offers are valid subject to availability from our suppliers. Delivery restrictions are indicated in the product sheet. It is your responsibility to inform yourself with the local authority of your country of any restrictions on the import or use of the products or services that you plan to order. Any abnormal or bad faith order, any fraud or attempted fraud, any incident of payment of the price of an order may lead to the deletion and/or deactivation of the customer account concerned and/or the refusal of the order.
4. STEPS TO CONCLUDING THE AGREEMENT. During the first online order, any new customer must create a “Customer Account”; an identifier (“login”) and a password will be requested. During each order validation, you will be directed to your account via a secure connection recalling the content of your order. Your order can be modified at any time before its final validation. It will only be definitively registered after providing the various information and final validation. The order placed on our site is automatically canceled if payment is not received. French is the only language offered for the conclusion of the contract. Our Company archives purchase orders and invoices on its servers (a copy can be delivered to you on request subject to payment of reproduction costs). The contract is validly concluded due to the “double-click” procedure (possibility to check the details of your order and its total price, and to correct any errors, before confirming it to express your acceptance). The taking into account of your order is confirmed by the sending of an e-mail automatically generated by our website to the e-mail address indicated when creating the customer account.
5. PRICE. The prices appearing on the site are indicated in euros including French VAT, excluding delivery costs. The amount of the delivery costs is calculated automatically according to each order; it appears on the summary of your order, before final registration. For deliveries outside French territory, French VAT applies. Any order delivered outside metropolitan France may be subject to any local taxes, customs duties, dock dues and customs clearance costs upon delivery. Their acquittal is at your expense and is your responsibility. Check with the competent authorities of the country of delivery.
6. PAYMENT. Any payment paid to Our Company cannot be considered as a deposit. The means of payment accepted are indicated in particular on the “Methods of payment” page of the website. You can never, on the grounds of a claim, withhold all or part of the sums due or set off. In the event of total or partial late payment of a due date, Our Company may, by this sole fact and without the need for prior formal notice, immediately suspend deliveries. As part of the fight against fraud, Our Company may ask you to prove your identity. In this case, your order will be processed upon receipt of these documents. In the absence of receipt of these supporting documents or in the event of receipt of supporting documents deemed non-compliant, the order may be canceled and the account blocked.
7. DELIVERY TIMES. Failing any indication, Our Company shall deliver the goods without undue delay and no later than thirty days after the conclusion of the contract. Delivery is made to the address you provided when placing the order. In the event of unavailability of the goods or in the event of the Seller’s failure to fulfill its obligation to deliver, the Customer may implement the provisions referred to in Article L216-6 of the Consumer Code.
8. TRANSPORTATION. Any risk of loss or damage to the goods is transferred to you when you, or a third party other than the carrier proposed by Our Company and designated by you, takes physical possession of these goods (article 216-2 of the consumer code ). It is recommended to refuse delivery if the package has been damaged, opened or repackaged and failing to enter specific and detailed reservations on the delivery note. We invite you to immediately check the contents of the package and contact us if a product is damaged or missing from the list of the preparation order. It is recommended to reiterate your protests and reservations by recorded delivery to the carrier within three days of receipt, in order to allow the retention of appeals against the latter (Article L133-3 of the Commercial Code).
9. CONTACT AND AFTER-SALES SERVICE. For any request, we invite you to contact our services by connecting to our website contact page https://shop.ldlc-ol.com/contact or by writing to us at SAS LDLC Event, 2 rue des Érables – 69760 LIMONEST Cedex.
10. WITHDRAWAL. Under the conditions provided for by articles L221-18 and following of the Consumer Code, you have a withdrawal period of 14 days from the delivery of the goods. For orders relating to several goods delivered separately, the withdrawal period runs from the day on which the buyer, or a third party other than the carrier and designated by him, takes physical possession of the last good. To exercise the right of withdrawal, you must notify Our Company of your decision to withdraw by an unambiguous statement, for example by using the electronic form and indicating the word “withdrawal” in the contact field available on our CONTACT page or attached to these attached conditions. From the notification of withdrawal, you have a period of 14 days to return, at your expense, the goods to our depot located in Lyon Gerland, France. In order to ensure better traceability of the return, the use of tracking is recommended. Failing this, you can return the product to our after-sales service warehouse LDLC Event, Technopark 3 – Batiment C – 27 Rue Saint Jean de Dieu – 69007 Lyon, FRANCE, accompanying the returned product with any useful information regarding your contact details and your order. . The costs related to the shipment of your goods, within the framework of this request for withdrawal, are your responsibility. Your liability may be incurred in the event of depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the goods. In the event of withdrawal, Our Company shall reimburse all payments received, including delivery costs, with the exception of additional costs arising from the fact that the buyer has chosen, where applicable, a mode of delivery other than the mode of least expensive delivery offered by Our Company when ordering; it is generally a simple Colissimo delivery. The costs of returning the products are the responsibility of the customer; their amount depends in particular on the carrier chosen by the customer, the weight, the distance; an estimate of the return costs can be made on the post office website (https://www.laposte.fr/particulier ) by clicking on “calculate a price”. The cost of returning the product when it, due to its nature, cannot normally be returned by post, can be provided to you for information only by contacting us. Our Company proceeds to the reimbursement within 14 days following the notification of the withdrawal using the same means of payment as that used for the initial transaction, unless the buyer has expressly agreed to the use of a different means. Regarding specific payments made by means of a virtual credit card, these will be reimbursed by bank transfer. Our Company may defer reimbursement until receipt of the goods. The right of withdrawal cannot be exercised, in the cases provided for by article L221-28 of the Consumer Code and in particular, for: – the supply of goods made according to the consumer’s specifications or clearly personalized, such as in particular clothing or goodies personalized by a “pseudonym at the request of the buyer; – products which, by their nature, cannot be reshipped or are likely to deteriorate or expire rapidly, such as CD or DVD cases, etc. – Unsealed clothing and products that cannot be returned for reasons of hygiene or health protection – Purchases made by professionals.
11. WARRANTY. When a problem arises with equipment, we invite you to contact our after-sales service, in particular by visiting our website and using the CONTACT page.
11.1. Legal guarantees
Legal guarantee of conformity
When you act as a legal guarantee of conformity, you:
- Benefit from a period of 2 years from the delivery of the property to act (–
- Can choose between the repair or the replacement of the good, subject to certain cost conditions provided for by article L.217-19 of the Consumer Code
- You are exempt from providing proof of the existence of the lack of conformity during the twenty-four months following the delivery of the goods, and twelve months for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
Legal guarantee against hidden defects on the products sold: You can decide to implement the legal guarantee against hidden defects of the thing sold provided (article 1641 of the Civil Code). In this case, you can choose between canceling the sale or reducing the sale price (article 1644 of the Civil Code).
Legal guarantee of conformity (Consumer Code)
This guarantee allows you to choose between the repair and the replacement of the good and in the event of impossibility, to obtain the refund or to keep the good and to be made refund part of the price. The implementation of this guarantee is done at no cost to you.
Article L217-3: The seller delivers goods that comply with the contract as well as with the criteria set out in Article L. 217-5.
He responds to defects of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within a period of two years from this.
In the case of a contract for the sale of goods containing digital elements:
1° When the contract provides for the continuous supply of digital content or a digital service for a period less than or equal to two years, or when the contract does not determine the duration of supply, the seller is liable for the lack of conformity of this digital content or this digital service which appears within a period of two years from the delivery of the goods;
2° When the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller is liable for any lack of conformity of this digital content or this digital service which appears during the period during which it is provided under the contract.
For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 217-19.
The seller also responds, during the same time limits, for lack of conformity resulting from the packaging, the assembly instructions, or the installation when this has been charged to him by the contract or has been carried out under his responsibility. , or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller.
This warranty period applies without prejudice to Articles 2224 and following of the Civil Code. The starting point for the prescription of the consumer’s action is the day of knowledge by the latter of the lack of conformity.
I.-In addition to the criteria of compliance with the contract, the good is compliant if it meets the following criteria:
1° It is specific to the use usually expected of a good of the same type, taking into account, if applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of the conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, it is delivered with all the accessories, including the packaging, and the installation instructions that the consumer can legitimately expect;
5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;
6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, which the consumer can legitimately expect for goods of the same type, having regard to the nature of the property as well as to public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling.(…)
Article L217-13: Any property repaired under the legal guarantee of conformity benefits from an extension of this guarantee of six months. As soon as the consumer chooses the repair but that it is not implemented by the seller, the bringing into conformity by the replacement of the good causes a new period of legal guarantee to run, for the benefit of the consumer. of conformity attached to the replaced good. This provision applies from the day on which the replacement good is delivered to the consumer.
Legal warranty against hidden defects on products sold (Civil Code)
Article 1641: The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lesser price, if he had known them.
Article 1644: In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned.
Article 1648 paragraph 1: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
11.2. Commercial guarantees
Any commercial guarantee applies without prejudice to the right for the consumer to benefit from the legal guarantee of conformity, under the conditions provided for in articles L217-1 to L217-32 of the consumer code, and of that relating to hidden defects, in the conditions provided for in articles 1641 to 1649 of the civil code.11.3. Builder’s or manufacturer’s commercial warranty. Some builders or manufacturers offer a specific warranty (support of the warranty directly by the builder or manufacturer, or on-site warranty, or specific warranty extension). Our Company cannot be held responsible for any failure of the constructor or manufacturer under this warranty.
12. RETENTION OF OWNERSHIP. The goods that will be delivered and invoiced to you will remain the property of Our Company until full payment of their price. Failure to pay the full amount may result in the claim of the goods by Our Company, the restitution being immediate and the goods delivered at your expense, risk and peril. During the period from delivery to transfer of ownership, the risk of loss, theft or destruction, as well as the damage you may cause remain your responsibility.
13. COMPUTER AND FREEDOMS. Our Company collects information about you when creating your Customer Account. This information allows us to carry out operations relating to customer management, prospecting, the development of commercial statistics, the management of requests for the right of access, rectification and opposition, the management of outstanding debts and disputes, the management of promotional operations, the management of reviews. This data may be used to send information and promotional offers from the LDLC Group, from which you can unsubscribe at any time by unchecking the My Account / Manage my Newsletter subscriptions page option. The legal basis for this data processing is the execution of these T&Cs. Prospecting operations relating to similar goods and products are based on the legitimate interest of our Company. Other prospecting operations are based on your consent. The recipients of your data are the services of our Company, our subcontractors and the authorities and auxiliaries of justice legally authorized to receive communication. Your data will only be kept for the time necessary to achieve the aforementioned purposes, and in accordance with the legal retention rules applicable in commercial matters. In accordance with the provisions of the Data Protection Act of January 6, 1978 (modified) and the General Data Protection Regulations, you have the right to access, rectify, portability and delete your personal data. You can also request the limitation of the processing of data concerning you. For more information or to exercise your rights, write to email@example.com or to GROUPE LDLC, DPO, 2 rue des Érables CS21035 – 69578 LIMONEST. Cedex. Your request must specify your surname(s), first name(s), customer number. You can also, for legitimate reasons, oppose the processing of data concerning you and have the right to withdraw your consent at any time when the processing of personal data implemented is based on it. The consumer is informed of the possibility that he has to register on the Bloctel cold calling opposition list. Finally, you have the option of lodging a complaint with the competent supervisory authorities for the protection of personal data.
14. ENVIRONMENT. Recovery free of charge. For the products concerned, our company takes back or has taken back, free of charge on its behalf, the used products which the end user discards, within the limit of the quantity and type of product sold or the products it replaces. For this purpose, contact our customer service. It is reminded of the obligation not to dispose of the waste concerned above with household waste, – that there are collection systems available to you – of the potential effects of the dangerous substances present in certain waste on the environment and human health. You are informed of the unit costs borne for the elimination of historical WEEE thanks to the eco‐contribution.
15. MEDIATION. In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Our Company adheres to the Mediation Service of SAS CNPM Médiation Consumption, After prior written action by consumers vis-à-vis Our Company, the Mediator Service may be seized for any consumer dispute whose settlement would not have succeeded.
To find out how to refer to the Mediator: https://cnpm-mediation-consommation.eu or by post by writing to CNPM – MEDIATION – CONSUMPTION, 27 avenue de la Liberation, 42400 SAINT-CHAMOND. The consumer is also informed of the existence of the platform put online by the European Commission, the purpose of which is to collect any complaints arising from an online purchase from European consumers and then to forward the cases received to the competent national mediators: http://ec.europa.eu/consumers/odr/ .
16. FINAL PROVISIONS. Our Company will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code. The computerized registers of Our Company will be considered by the parties as proof of communications, orders, payments and transactions between the parties, unless proven otherwise. French law is applicable without however ruling out the application of mandatory legislative rights granted to consumers or of a more protective mandatory law by the foreign judge seized by a consumer of the corresponding country. If one of the clauses or provisions of these GCS were to be canceled or declared illegal by a final court decision, this nullity or illegality will in no way affect the other clauses and provisions, which will continue to apply.
Model withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract)
For the attention of LDLC EVENT – SAV, Technopark 3- Building C – 27 rue Saint Jean de Dieu – 69007 LYON:
I/We* hereby notify you of my/our* withdrawal from the contract relating to the sale of the property below.
Order No.: Ordered on /Received on : Surname/First name: Address:
*Strike out what is not applicable