Terms of sale
1. SUBJECT
The purpose of these general terms and conditions of sale is to define the contractual relationship between Les pensionnaires and the Customer, and the conditions applicable to any purchase made via the Les pensionnaires merchant site www.lespensionnaires.fr (hereinafter ‘the Site’).
They apply exclusively between the company Les pensionnaires, 31 rue des Capucins 69001 Lyon, Siret: 833 409 675 00018 (hereinafter ‘Les pensionnaires’) and any individual consumer visiting or making a purchase on the said Site (hereinafter the ‘Customer’).
On the Site, Les pensionnaires allows the Customer to order Les pensionnaires brand products online (hereinafter ‘the Product(s)’) in accordance with these general terms and conditions.
Any order placed with Les pensionnaires therefore implies the Customer's unreserved acceptance of these conditions. These general conditions may be modified at any time and without prior notice by Les pensionnaires, the applicable conditions being those in force on the date of the Customer's order on the Site.
These General Terms and Conditions of Sale are the exclusive property of Les pensionnaires. Any reproduction, even partial, is strictly prohibited.
2. ACCESSIBILITY OF THE SITE
The Site is accessible to all Internet users in principle 24 hours a day, 7 days a week, except in the event of interruption, whether scheduled or not, by Les pensionnaires or its service providers, for the purposes of its maintenance and/or security or in the event of force majeure (as defined below) or for reasons of annual closure. Les pensionnaires shall not be held liable for any damage whatsoever resulting from the unavailability of the network.
Les pensionnaires reserves the right to make changes to the Site for technical or commercial reasons. Where these changes do not substantially alter the conditions of the provision of services, the Customer may be informed of the changes made, but his acceptance is not requested.
The Site is open to any Internet user or mobile user meeting the conditions set out in article 5.1, provided that they have an Internet connection.
3. PRE-CONTRACTUAL INFORMATION
Prior to placing an order and entering into a contract, the Customer acknowledges having been provided, in a legible and comprehensible manner, with these General Terms and Conditions of Sale and with all the information listed in article L. 221-5 of the French Consumer Code.
The following information is provided to the Customer in a clear and comprehensible manner:
- the essential characteristics of the good or service
- the price of the good or service
- any additional transport, delivery or postage costs and any other costs;
- in the absence of immediate performance of the contract, the date or time by which the service provider undertakes to deliver the good or perform the service, regardless of its price;
- information relating to the identity of the service provider, its postal, telephone and electronic contact details, and its activities, information relating to legal guarantees, the functionality of the digital content and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions.
Les pensionnaires provides the Customer with the following information:
- its name or company name, the geographical address of its establishment and, if different, that of its registered office, its telephone number and e-mail address;
- the methods of payment, delivery and performance of the contract, as well as the methods provided by the professional for handling complaints;
- in the case of a sale, the existence of and the procedures for exercising the legal guarantee of conformity provided for in articles L.217-1 et seq. of the Consumer Code, the guarantee against hidden defects provided for in articles 1641 et seq. of the Civil Code, as well as, where applicable, the commercial guarantee and after-sales service referred to respectively in articles L.217-15 and L.217-147 of the Consumer Code;
- the duration of the contract, in the case of a fixed-term contract, or the conditions under which it will be performed, in the case of an open-ended contract.
With regard to digital content, the boarders indicate any relevant interoperability of this content with certain hardware or software of which the professional has or ought reasonably to have knowledge.
4. PRODUCTS
The products offered for sale are those that appear on the Les pensionnaires website on the day the Customer consults the Website, within the limit of available stocks. Les Pensionnaires reserves the right to modify the range of products at any time.
Les pensionnaires takes the greatest care in the presentation and description of its Products in order to provide the Customer with the best possible information.
The products are accompanied by a description whose elements such as photographs, texts and graphics are not contractual, which the Customer acknowledges.
The photographs are as accurate as possible, but under no circumstances can they present a perfect similarity with the product offered. In some cases, the photographs offer suggestions for presentation, not all of which are systematically offered for sale.
Consequently, Les pensionnaires cannot accept any liability in the event of error or omission of any of the aforementioned elements or in the event of modification of said elements by suppliers and/or publishers.
The products offered by Les pensionnaires comply with the standards applicable in France.
Les pensionnaires, 31 rue des Capucins 69001 Lyon France, is the guarantor of the conformity of the goods to the contract, allowing the Customer to make a claim under the legal guarantee of conformity provided for in articles L.217-4 et seq. of the Consumer Code or the guarantee of defects in the item sold within the meaning of articles 1641 et seq. of the Civil Code.
In the event that the legal guarantee of conformity is invoked, please note that :
- the Customer has a period of 2 years from the date of delivery of the goods in which to take action;
- the Customer may choose between repairing or replacing the goods, subject to the cost conditions set out in article L.217-17 of the French Consumer Code;
- the Customer is exempt from having to prove the existence of the lack of conformity of the goods during the 24-month period.
In addition, it should be noted that :
- the legal guarantee of conformity applies independently of the commercial guarantee;
- the Customer may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, the Customer may choose between rescinding the sale or reducing the price in accordance with article 1644 of the French Civil Code.
5. OBLIGATIONS OF THE CUSTOMER
The Customer declares that he/she is at least 18 years of age and has the legal capacity or parental authorisation to place an order on the Site.
The Customer undertakes to provide Les pensionnaires with the actual information required to carry out the service that is the subject of these terms and conditions as requested online and according to his/her situation, in particular his/her surname, first name, address, telephone number and valid e-mail address.
The Customer is responsible for the consequences arising from false or inaccurate information transmitted or the use of which would be unlawful.
Once the order has been placed, Les pensionnaires will send the Customer an e-mail confirming the order. It informs the Customer that the Products have been dispatched.
The Customer can change his details in the ‘My account’ section.
Les pensionnaires may delete the Customer's account at any time, for any reason, at its sole discretion.
6. ORDER
Orders placed on the Site are subject to compliance with the procedure set up by Les Pensionnaires on the Site, which comprises successive stages leading to validation of the Order:
To enter an Order, the Customer must first log on to the Site.
The Customer then browses the various products in order to make their choice. They can place an Order simply by clicking on the button to add the product to the shopping basket.
Once this operation has been completed, the number of products in the Customer's shopping basket is displayed. The contents of the shopping basket may be subject to an expiry date.
The Customer may then continue their visit or click on their shopping basket to display the contents of their basket, which includes all the elements of the order and in particular the essential characteristics of the products, the total amount of the order, the invoicing and delivery details, the delivery times, costs and any delivery restrictions, as well as the rights and legal guarantees available to the Customer.
The Customer may return to this Order, add to it, modify it or cancel it as long as it has not been validated. If the Customer wishes to choose other Products, they may continue browsing the Site. The Products they have just selected remain in their shopping basket.
At any time during the Order process - i.e. until payment has been made in accordance with these GTC - the Customer may go back over the order, add to it, modify it or cancel it, until it has been definitively confirmed.
Once the selection of Products has been completed, the Customer may confirm his/her order by clicking on the button provided for this purpose.
Orders will only be validated once payment has been accepted.
A confirmation email summarising the Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer by Les pensionnaires. To this end, the Customer formally accepts the use of electronic mail for confirmation by Les pensionnaires of the content of his/her Order. Invoices are available in the ‘my account’ section of the Site.
Les pensionnaires reserves the right to cancel or refuse an order in the event of a dispute with the Customer over a previous order or if an order is abnormal, particularly with regard to the quantities ordered.
Les pensionnaires may accept orders within the limits of available stocks. It informs the Customer of the availability of the Products sold on the Site when the Order is confirmed.
If, despite the vigilance of Les pensionnaires, the Products are unavailable, Les pensionnaires will inform the Customer by e-mail as soon as possible. The Customer may then cancel the order and, if applicable, be reimbursed for any sums already paid.
Definitive or temporary unavailability shall in no way incur the liability of Les pensionnaires, nor shall it give rise to any right to compensation or damages in favour of the Customer.
For any Order containing a pre-ordered item, Les pensionnaires will send the entire Order as soon as the item in question is back in stock.
7. PRICES
The prices displayed on the Site are indicated in euros, inclusive of all French taxes (French VAT and any other taxes that may be applicable), but exclusive of delivery charges, a contribution towards the cost of processing the order and packaging costs.
Delivery charges, contributions to order processing costs and packaging costs will be indicated in the Customer's basket before the order is finally confirmed.
Prices may be modified at any time, without prior notice, particularly in the event of changes in tax or economic data. Items will be invoiced on the basis of the prices in force at the time the order is registered.
Products are payable in cash when the order is placed.
8. DELIVERY
TERMS AND CONDITIONS
Delivery refers to the transfer to the Customer of physical possession or control of the goods. It is made only after confirmation of payment by the banking institution of Les pensionnaires.
Les pensionnaires delivers its products in metropolitan France and in all countries of the European Union and can on request deliver to any country.
The products ordered are delivered using the following methods: Colissimo, Mondial Relay and Chronopost International.
Delivery cannot be made to campsites, hotels, post boxes or poste restante.
Any parcel returned to the seller because of an incorrect or incomplete delivery address will be automatically refunded.
For parcels delivered by the carrier Mondial Relay, the Customer has 8 days in a relay point and 5 days in Lockers to collect their order. After this time, the parcel will be returned to the seller. The order will then be reimbursed upon receipt of the return.
The Customer may, on request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
The delivery times indicated on the site are the maximum delivery times.
In order for these times to be respected, the Customer must ensure that they have provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc).
In the case of an order comprising several products, the longest delivery time indicated for one of the products is applied to the entire order.
In the case of an order including personalised products, the lead time will be one week in addition to the lead times stated.
Les pensionnaires undertakes to keep the Customer informed of the progress of the order.
If the purchaser is absent on the day of delivery, the deliveryman will leave a delivery notice in the letterbox, which will allow the parcel to be collected from the place and within the period indicated.
The parcel will remain at your post office for 8 days. After this period, the parcel will be returned to the seller. If desired, Les pensionnaires will invoice the Customer for the return shipment upon receipt of the parcel.
The Customer must confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to Les pensionnaires at the address indicated in the Site's Legal Notices.
RETURNS AND/OR EXCHANGES
If the products need to be returned to Les pensionnaires, they must be the subject of a return request to the seller within 14 days of delivery. In the event of a claim submitted outside this period, the Purchaser will be required to pay the cost of returning the parcel.
Returns are free of charge in mainland France only (excluding discounted products).
Les pensionnaires reserves the right to defer reimbursement of the returned product until it has been received.
Product returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.). Les pensionnaires undertakes to reimburse the Customer upon receipt of the returned package.
All orders for personalised products are unique, so no returns or refunds will be accepted.
Les pensionnaires does not make standard exchanges. For another article, the Customer will have to order it on the e-shop.
Returns are free for metropolitan France and at the buyer's expense for orders abroad. Returns are also at the customer's expense when the product purchased is discounted.
ERRORS
The Customer must notify Les pensionnaires on the day of delivery or at the latest on the first working day following delivery of any claim of error in delivery and/or non-conformity of the products in kind or quality compared to the indications on the order form. Any claim made after this deadline will be rejected.
The complaint may be made, at the Customer's option :
- by telephone: +33 6 61 95 77 64
- by e-mail: bonjour@lespensionnaires.fr
Any claim not made in accordance with the rules set out above and within the time limits set will not be taken into account and will release Les Pensionnaires from all liability towards the Customer.
In the event of a delivery error on the part of Les pensionnaires, any product to be exchanged or reimbursed must be returned to Les pensionnaires in its entirety and in its original packaging, by registered Colissimo, to the following address: 31 rue des Capucins 69001 Lyon France.
The return costs are at the seller's expense.
DELAIS
Les pensionnaires cannot be held responsible for the consequences due to a delay of route not being caused by him.
In the event of non-compliance with the agreed delivery date or time, the Customer must, before terminating the contract, instruct the boarders to execute it within a reasonable additional period.
If the contract is not performed by the end of this new period, the Client may freely terminate the contract.
The Client must complete these successive formalities by registered letter with acknowledgement of receipt or in writing on another durable medium.
The contract shall be deemed to have been terminated upon receipt by the boarders of the letter or writing informing them of such termination, unless the boarders have since completed the contract.
The Client may, however, immediately terminate the contract if the dates or time limits mentioned above are an essential condition of the contract.
In this case, when the contract is terminated, Le spensionnaires are obliged to reimburse the Client of the totality of the sums paid, at the latest within 14 days following the date on which the contract was terminated.
Les pensionnaires may defer reimbursement until the goods have been recovered or until the consumer has provided proof of dispatch of the goods, whichever is earlier.
In accordance with article L. 242-4 of the consumer code, when Les pensionnaires have not reimbursed the sums paid by the Client, the amounts due are automatically increased:
- the statutory interest rate if repayment occurs no later than 10 days after the expiry of the 14-day period set out above,
- 5% if the delay is between 10 and 20 days,
- 10% if the delay is between 20 and 30 days,
- 20% if the delay is between 30 and 60 days,
- 50% between 60 and 90 days
- and five additional points per month of delay until the product price, then the legal interest rate.
In case of unavailability of the ordered product, the Customer will be informed as soon as possible and will have the possibility to cancel his order. The Customer will then have the choice to request either the refund of the amounts paid within 30 days of their payment, or the exchange of the product.
CUSTOMS FEES AND IMPORT TAXES
Customs fees, as well as any taxes or import duties, are the sole responsibility of the buyer. Depending on the country of destination, the buyer may be required to pay these fees directly to the local customs authorities at the time of receipt of the package. It is the buyer’s responsibility to inquire about any charges applicable in his country before placing an order.
Les pensionnaires will not be held responsible for delays or additional costs related to customs management or import of products.
9. PAYMENT
Payment is made in full upon order.
The order can be settled in a 100% secure way by credit card (Carte Bleue, Visa, Mastercard) thanks to the secure server of Stripe and thanks to the SSL protocol.
Les pensionnaires retain ownership of the item until full payment of the price by the Customer.
The online provision of the credit card number of the buyer and the final validation of the order will be proof of the agreement of the buyer:
- due amounts under the purchase order,
- signature and express acceptance of all transactions performed.
In case of fraudulent use of the credit card, the Customer is invited, upon finding this use, to contact the boarders on 0661957764.
Electronic records, kept in Les pensionnaires' computer systems under reasonable security conditions, will be considered as evidence of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
10. RIGHT OF WITHDRAWAL
The customer has a cooling off period of fourteen (14) days, from the day of delivery of the order, to return the ordered product(s), without having to justify reasons or pay penalties, with the exception of any return costs and gift packaging and cards which are at its expense.
The customer must complete a return/exchange request for this purpose using the form available on the Site on this page in annex to the GTC (hereinafter) and send it to the following address : bonjour@lespensionnaires.fr
Any other form of withdrawal is accepted. It must be unambiguous and express the intention to withdraw.
Upon receipt, Les pensionnaires acknowledge receipt of this request by sending an e-mail or a letter.
The customer then has a period of fourteen (14) days to return to Les pensionnaires – 31 rue des Capucins 69001 Lyon the complete product(s), not used, in its original packaging intact and in their original condition and complete (packaging, accessories, instructions...) allowing their re-marketing in new condition, as well as the return slip and a copy of the invoice. If the products are not returned within fourteen (14) days from the day on which the order is actually received, the order shall be deemed final and no refund may be made, except in the cases provided for in these GTC.
Damaged, dirty, incomplete or customized products are not taken back.
The refund will be made within a maximum of fourteen (14) days from receipt by Les pensionnaires of the products returned by the buyer under the conditions provided above.
Les pensionnaires does not exchange product. After returning the product, the Customer can order again on the e-shop of Les pensionnaires (subject to availability).
The boarders undertake to reimburse the Client for all sums paid. The refund is made according to the payment method used by the Customer.
11. LEGAL GUARANTEES AND LIMITATION OF LIABILITY
Les pensionnaires is only obliged to deliver Products in accordance with the contractual provisions. The Products are deemed to be in conformity with the contractual provisions if the following conditions are met: (i) they must conform to the description and possess the characteristics shown on the Site; (ii) they must be suitable for the purpose for which such products are generally designed; (iii) they must meet the quality and strength criteria that are generally accepted for products of the same kind and which can reasonably be expected.
Les pensionnaires have, for all stages of access to the site, from the ordering process to the shipment of the package or subsequent services, only an obligation of means. Les pensionnaires cannot be held responsible for all inconveniences or damages inherent in the use of the internet network, including a break-in service, an external intrusion or the presence of computer viruses, or any act of force majeure, in accordance with the law and case-law.
12. INTELLECTUAL PROPERTY
Under no circumstances is the Customer authorized to download or modify all or part of the site, including the graphic elements, text, sound, videos that the Site contains.
All reproductions and representations of the Site are subject to the express prior authorization of Les pensionnaires.
In general, all copyright, trademarks and other distinctive signs and property rights or intellectual property appearing on the Site shall remain the full and complete property of Residents.
The Customer is therefore bound to respect intellectual property rights and may not use the trademarks appearing on the Site and on the Products, or file a trademark that would harm the owner of the rights, unless contractually agreed otherwise.
The same applies to any other intellectual property right.
13. PERSONAL DATA
The personal data provided by the Customer are necessary for the processing of his order and the establishment of invoices.
They may be communicated to the seller’s partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the website www.lespensionnaires.fr has been declared to the CNIL.
The Customer has a right of permanent access, modification, rectification and opposition regarding the information concerning him. This right may be exercised under the conditions and in accordance with the terms set out on the website www.lespensionnaires.fr
14. GENERAL CONDITIONS
FORCE MAJEURE
In the event of an event of force majeure, all obligations of the parties under this contract are suspended, for the duration of the event, without compensation.
Force majeure shall be considered to include all facts or circumstances that are compelling, external to the parties, unpredictable, unavoidable, beyond the control of the parties and which cannot be prevented by them despite all reasonable efforts. Are considered as force majeure or fortuitous cases, in addition to those usually considered by the jurisprudence of the French courts and tribunals, full or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil disturbance, insurrection, war, bad weather, epidemic, transportation or supply blockage for any reason, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes in marketing forms, computer failure, blocking of telecommunications, including wired or terrestrial telecommunication networks, and any other case beyond the control of the parties that prevents the normal performance of the contractual relationship.
The party invoking the circumstances referred to above must notify the other party within 15 working days (fifteen working days) of the occurrence of this event, by registered letter with acknowledgement of receipt.
The parties will come together to review the impact of the event and agree on the terms under which the contract will continue. If the case of force majeure has a duration of more than three months, these general conditions may be terminated by the injured party.
INTEGRALITE
These General Terms and Conditions of Sale and the order summary sent to the customer form a contractual package and constitute the entire contractual relationship between the Parties.
PARTIAL VALIDITY
If any particular provision of this Agreement is declared void or unenforceable by a court, it shall be declared non-written and shall not render the other provisions invalid.
Amendments
These general conditions may be modified at any time and without notice by Les pensionnaires, the applicable conditions being those in force on the date of the order by the Customer.
The current general terms and conditions of sale can be permanently consulted at the following address: https://lespensionnaires.fr/en/policies/terms-of-sale in a computer format allowing their printing and/or downloading, so that the Client can reproduce or save them, provided however they are not modified.
APPLICABLE LAW AND COMPETENCE
These General Terms and Conditions of Sale are subject to French law. Any dispute must be the subject of an attempt to amicable settlement.
The Client may use conventional mediation, in particular through the Commission de la médiation de la consommation or existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In the absence of an amicable settlement, the parties agree prior to any action in Justice that any claim will be subject to a prior formal notice by registered mail with request for acknowledgement of receipt.
Any party may then, after a period of ten days following the dispatch of the letter referred to in the preceding paragraph, initiate any appropriate procedure.
Jurisdiction is assigned to the French courts.
ANNEX: Withdrawal form
To the attention of Les pensionnaires, 31 rue des Capucins 69001 Lyon
I hereby notify you of my withdrawal from the contract for the sale of the following property: ......... (complete)
Ordered on: ..... (complete)
Received on: ..... (complete)
Consumer name: ..... (to be completed)
Consumer address: ..... (to be completed)
Date: ..... (to be completed)
