1. SCOPE AND ACCEPTANCE
These are the General Terms and Conditions of Sale (hereinafter «T&Cs») of EDITIONS JEAN LENOIR, société par actions simplifiées with registered capital of 78,770 euros, headquartered at 1600 chemin du plan d'olive 13260 Cassis, France, listed in the Marseille trade register under number 327763959 (hereinafter «Seller»).
The Seller operates the website www.lenez.com (hereinafter «Website»), through which it offers:
· products (hereinafter «Products») such as object-books (containing a collection of aromas and a book) designed to train and enrich one’s olfactory memory so as to better analyze certain beverages;
· training courses (hereinafter «Training») providing students with sensory education for tasting purposes.
The purchasing of Products and Training courses through the Website shall be governed by the T&Cs.
All Products and Training are exclusively intended for sale to individual end consumers or non-commercial legal entities as set out in the introductory Article of the French Consumer Code (hereinafter «Client»), to the exclusion of all resellers and intermediaries.
Consequently, the Client affirms that s/he is acting as an end consumer, in a non-commercial capacity, and does not intend to resell any Product or Training Course for commercial purposes.
The Seller can update these T&Cs at any time. The T&Cs in effect at the time of contracting are those that are enforceable upon the Client.
For any request or to exercise their rights under the T&Cs, Clients can contact the Seller by mail at the address Editions Jean Lenoir, 1600 chemin du plan d'olive, 13260 Cassis, France, or by e-mail at commercial@lenez.com.
2. MANAGING ACCESS CREDENTIALS
Access credentials are personal. The choice of usernames shall comply with current legislation, notably that against identity fraud or trademark and copyright infringement.
Clients shall ensure the confidentiality of their access credentials. Any account log-in from a Client’s credentials is presumed to be the Client’s doing. The Client is solely responsible for the use of his usernames by third parties and actions undertaken via his account. Clients hold the Seller harmless against any claim made in this respect.
The Seller has no obligation to verify every Client’s identity. Therefore, in the event of misuse of a Client’s identity, the Seller cannot be held responsible. In any case, if a Client suspects fraudulent use of his/her account, s/he shall immediately alert the Seller.
The Seller shall make every effort to preserve the confidentiality and security of the Client’s access credentials.
3. AVAILABILITY OF PRODUCTS
The Products are offered for sale as long as are they displayed on the Website, subject to availability. Errors or changes (mistaken determination of available stock, simultaneous orders of the same Product by several Clients, etc.) may exceptionally occur. In the event that a Product ordered is not available, the Client will be informed as soon as possible by e-mail or telephone.
The Client will then be able to:
· order a replacement Product; or
· cancel the order.
The parties acknowledge and accept that the Seller shall not be held liable if a Product ordered is out of stock or unavailable.
The Seller reserves the right to modify the Products offered on the Website at any time and without prior notice.
To ensure better quality of service and availability of Products for all Clients, the Seller reserves the right to limit the quantity of Products that any one Client can buy.
4. PRICES
Prices of Products are provided in euros, including tax for orders delivered inside of the European Union. For orders delivered outside of the European Union, taxes and customs duties may apply. These taxes and customs duties are payable by the recipient upon delivery. The total price of your order does not include these taxes and customs duties.
Beside refunds made under the right of withdrawal or for non-compliance and hidden defects, the Seller shall not refund the VAT applied to purchases made on the Website.
The Seller reserves the right to change the prices of Products at any time and without notice.
The Products are billed on the basis of prices displayed on the Website at the time when the order is placed, provided that the Products ordered are available at that time.
Orders shall be paid in full at the time they are placed.
5. RETENTION OF TITLE
In the event of a fraudulent payment, the Seller expressly retains ownership of the Product ordered.
6. DELIVERY
The Products purchased shall be delivered in the manner set out on the Website, according to the countries and prices provided.
It is impossible to place an order for any delivery address outside of the delivery territory provided by the Seller. As such, the Client accepts that the Seller may apply certain territorial restrictions, which may render the delivery of the Product impossible depending on the Client’s location.
The Products are shipped to the delivery address provided in the Client’s account or order. The Seller shall not be liable in the event of any incorrect delivery address.
The shipping fee is calculated according to the Products ordered, the total amount of the order and the delivery method chosen.
The time required for delivery is provided on the website www.lenez.com.
Any late or non delivery of Products shall be called to the Seller’s attention as soon as possible. Any claim made later than thirty (30) calendar days after the order confirmation date will not be taken into account.
If the order is not delivered on time, the Client can cancel the order by mail or e-mail sent to the addresses listed in Article 1 of the T&Cs.
The Seller shall refund the whole amount paid, at the latest fourteen (14) days after the date of said cancellation.
If the Client receives the order after cancelling it as above, s/he shall return the Product(s) as stipulated in Article 7.4 or contact the Seller to settle the payment.
7. WITHDRAWAL
7.1. Cooling-off period
The Client has a period of fourteen (14) days to exercise his right of withdrawal without giving any reason or incurring any penalty.
7.2. Procedure
The Client sends a clearly-worded statement expressing his decision to cancel the sale or the filled-out withdrawal form by mail or e-mail to the address provided in Article 1.
If the Client uses the withdrawal form provided, the Seller shall promptly send back an e-mail confirming its receipt.
7.3. Restrictions
The right of withdrawal does not apply to recreational services reserved for a given date or period. Thus the Client’s right to withdraw does not apply to the Training Courses.
7.4. Product return
The Client shall return the Product to the mailing address provided in Article 1 at the latest fourteen (14) days after informing the Seller of a decision to withdraw. The Product shall be returned in its original packaging and without any alteration.
The Client is liable only for any depreciation of the Product resulting from any handling other than what is required to establish the nature, characteristics and proper operation of the Product.
7.5. Refund
In the event of withdrawal, the Seller shall refund all payments received from the Client, including delivery fees (except for any additional expenses incurred by a choice of delivery method other than the standard delivery method offered by the Seller) at the latest fourteen (14) days from the date when the Seller is informed of the Client’s decision to withdraw.
The Seller shall refund the payment using the same method used by the Client in the initial transaction, unless both parties agree on a different method. In any case, such refund shall not result in any expense for the Client.
The Seller may defer the refund until receiving the Product.
8. EXCHANGE
In the event of an exchange request, the Client shall indicate what Product s/he wishes to receive in exchange.
If the price of the Product chosen as a replacement is higher than that of the Product returned, the Client shall pay the difference.
If the price of the replacement Product is lower than that of the Product returned, the Seller shall refund the difference to the Client.
For an exchange, the shipping cost of the first delivery is refunded, but that of the second delivery will be billed according to the shipping method chosen.
9. LEGAL WARRANTIES
The Products are subject to the following legal warranties, excluding all other warranties:
9.1. Legal warranty of compliance
The Product delivered by the Seller shall be consistent with its description and intended use.
This warranty applies only on the condition that the Client invokes it within two (2) years after the delivery of the Product. Any non-compliance appearing within that timeframe is deemed to have existed at the time of delivery, unless proven otherwise.
The Client can choose between the repair and the replacement of the Product, unless one of these choices entails a manifestly disproportionate cost for the Seller.
If the repair or replacement of the Product is impossible, the Client can:
· receive a refund of the price paid and return the Product; or
· keep the Product and get a partial refund.
Returning, replacing or refunding the cost of the Product shall entail no expense for the Client and shall not preclude allocating any damages, provided that the Client proves that harm exists.
This being so, the sale cannot be cancelled if the non-compliance is minor.
9.2. Legal warranty against hidden defects
The Seller shall deliver to the Client a Product that is free from hidden defects that would make it unfit for its intended use or would reduce its use to the extent that the Client would not have bought it or would have paid a lower price for it had he known.
This warranty applies only on the condition that the Client invokes it within two (2) years from realizing the defect.
In case of a hidden defect, the Client can either:
· return the Product and receive a refund for the price paid and expenses incurred by the sale; or
· keep the Product and receive a partial refund determined by the Seller.
In any case, it is up to the Client to prove that he meets the conditions for this warranty to apply.
In the event of non-compliance or hidden defects, the Client shall return the Products to the address provided in Article 1 of the T&Cs.
10. COMMERCIAL WARRANTY
The Seller guarantees the quality of the aromas used in the Product. The quality of the aromas used means the non-alteration of the Product’s aromas for a period of five (5) years from the time of its delivery. This warranty applies only on the condition that the Client invokes it within this term.
In the event that said aromas are of defective quality, the Client can:
· return the Product and receive a refund for the price paid and expenses incurred by the sale; or
· keep the Product and receive a partial refund determined by the Seller.
In any case, it is up to the Client to prove that he meets the conditions for this warranty to apply.
In the event of deficient quality of the aromas, the Client shall return the Products to the address provided in Article 1 of the T&Cs.
11. EXCLUSIVITY OF WEBSITE CONTENT
11.1. Exclusivity of rights to the Website content
All Website content —brands, logos, slogans, graphics, photographs, animations, videos and texts (hereinafter «Content»)— may not be reproduced, used or represented without the Seller’s express written prior consent, under penalty of legal proceedings.
Any total or partial representation or reproduction of Content, by any method, without the Seller’s express prior consent is forbidden and is liable to constitute infringement of copyright.
In particular, the Seller explicitly prohibits:
· any extraction, by permanent or temporary transfer of all or part of the Content to another medium, by any means and in any form whatever;
· any reuse, by making available to the public all or part of the Content, in any form whatever.
Acceptance of the T&Cs is tantamount to commitment by the Client not to extract or reuse any Content.
11.2. License to use the Website
The Seller grants visitors and Clients a personal, non-exclusive and non-transferable license to view the Website and the data it contains in accordance with the T&Cs.
Any other use of the Website and of its Content is excluded from the scope of this license and is not allowed without the Seller’s express prior consent.
12. PERSONAL DATA PROTECTION
As part of operating the Website, the Seller may collect personal data, which is required for the proper execution of the T&Cs and shall be processed in accordance with the purpose of data collection.
Clients have the right to access and rectify their personal information, and the right to object the processing of said data for a legitimate reason.
For this purpose the Client may write to the addresses mentioned in Article 1 of the T&Cs.
13. GOVERNING LAW AND JURISDICTION
The T&Cs are governed and interpreted according to French law.
However the T&Cs shall not preclude the Client from availing himself of a more favorable provision, which cannot be waived by agreement, by virtue of the law of the country where the Client habitually resides.
Furthermore, the Terms of Use apply without prejudice to complying with the rules of public order.
In any case, the Vienna Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980 is not applicable to these T&Cs.
In the event of a disagreement on the application and/or interpretation of the T&Cs, the Client can resort to contractual mediation or any other alternative dispute resolution procedure.
Any consumer dispute or disagreement can be settled amicably by mediation through FEVAD (Federation of e-merchants) by request mailed to 60 rue de la Boétie, F-75008 Paris, or e-mailed to mediateurduecommerce@fevad.com.
In case of any disagreement or legal proceeding, the original French version shall prevail.