1) General Information
The products offered on the e-commerce website www.lancel.com are marketed by Lancel SOGEDI, S. A. CAPITAL €20,000,000 - 612036376 RCS PARIS – APE CODE 4772 B – VAT CODE FR 20612036376 (“Lancel”). Its email address is assistance@lancel.fr; the telephone number is 01 85 53 38 30. Purchases made online on the e-commerce website are governed by French law and by these contractual terms indicated on the website at the time the order is placed (the “General Terms and Conditions”). For any dispute that may arise regarding the conclusion, interpretation and performance of a sale made via the Lancel e-commerce website, the parties acknowledge the exclusive jurisdiction of the French courts.
2) Users and Orders
The Lancel e-commerce website may only be used by end consumers, i.e. adult natural persons acting for purposes unrelated to any commercial, business, craft and/or professional activity they may carry out and who fall within the definition of “consumers” contained in Legislative Decree 206/2005 and subsequent amendments (the “Consumer Code”). Lancel shall only deem valid and effective, and shall only process, purchase orders with the following characteristics:
- orders may only originate from the following countries – for each of which the corresponding price list will be specified: France, Germany, Belgium, Austria, Cyprus, Spain, Estonia, United States, Finland, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Romania, United Kingdom, Slovakia, Slovenia, Switzerland.
- orders will only be fulfilled by Lancel if shipment is requested within one of the countries listed above. Any orders lacking the characteristics indicated above shall not be accepted and, if accepted, may be considered null and void by Lancel. Indeed, Lancel reserves the right not to fulfill orders lacking the characteristics indicated above. It is also understood that Lancel may refuse to process the order and/or consider it null and void where it is not possible to verify the accuracy of the shipping address and billing information or where the order has been placed for resale purposes, in which case Lancel reserves the right to terminate the contract with immediate effect by simple written notice via email.
3) Products
The products offered for sale by Lancel are those displayed on the website www.lancel.com on the day the customer consults it. Each product will have a descriptive sheet which, in addition to the photograph, will contain: the price, available sizes and colours, composition, as well as specific characteristics. Minor differences may exist between the product and its photograph, depending in particular on the resolution and colour definition of the user’s screen.
Lancel undertakes to deliver products that comply with the applicable requirements relating to the safety and health of persons in accordance with European provisions, and in particular legislation on regulated chemical substances.
4) Prices
The purchase prices of Lancel products shall be specific to each country from which the order originates and shall be indicated in euros (or dollars, pounds sterling, Swiss francs, or Romanian leu), all taxes included, excluding delivery charges and customs duties; it being specified that value added tax is that applicable under the regulations governing distance selling. Customs duties shall be borne by the customer.
The prices applied are those communicated on the website and confirmed to the customer when the order is validated.
Delivery charges are communicated to the customer in the order summary before final validation and are expressed inclusive of all taxes. These charges are payable by the customer and are billed in addition to the sale price of the products.
Lancel may apply special promotions to one or more products available on the website, thereby modifying their price. We reserve the right to change our prices at any time, but we undertake to apply the rates indicated on the website at the time of your order.
Please note that in the event of a clearly incorrect price being displayed, manifestly negligible (“derisory price”), whatever the reason (computer bug, manual error, technical error), the order, even if validated by us, will be cancelled, and we will inform you as soon as possible. You will then be able, if you wish, to place your order again at the corrected and accurate price.
5) Delivery
Metropolitan France
Chronopost Express: Delivery time is 3 working days (including preparation of your order) - Free delivery for all orders delivered in France over €120, otherwise delivery charges are €16.
International
DHL Standard: Delivery times are between 1 and 8 working days (including 1 working day for preparation) - Free delivery for all orders over €120/$120/£120/CHF120, otherwise charges are €9 for Europe, $16 for the USA, £9 for the United Kingdom and CHF15 for Switzerland.
Lancel undertakes, acting on behalf of the user, to enter into a shipping contract with leading transport companies, taking into account the conditions applied by the carrier itself. The user:
- may indicate that the purchase is to be shipped to an address different from that of the person placing the order and/or the billing address (but always within the same country);
- must provide a shipping address where someone is always present to receive the parcel. If no one is available at the stated address to receive it, another address must be provided other than the residence address, where this condition is nevertheless met;
- Lancel will generally ship the order within 48 hours following receipt of payment confirmation. Estimated delivery times depend on the selected carrier. In addition, once the shipment has been made, Lancel will send an email containing all the information the user needs to track the order, including the direct link to the DHL portal or the selected carrier for immediate checking of the delivery status. Lancel shall not be held responsible for missing and/or late delivery of the parcel if the collection arrangements described above have not been complied with or if incorrect information has been provided by the customer;
- if the ordered items are not delivered within a period of 10 working days for metropolitan France and 20 working days for any other destination from the order confirmation, the user may contact Lancel customer service directly. We will check the status of the order and/or shipment through the transport company. Products will in any event be delivered as soon as possible and within the time limits provided by law (i.e. under Article 61 of the Consumer Code, 30 days from the delivery date).
-Upon delivery of the order, we invite our customers to open the parcel in the presence of the carrier. Indeed, if no reservation is made upon delivery of the parcel, Lancel will not be able to process any claim relating to damage or the absence of an item in the parcel received and cannot be held liable.
For orders outside France, when the parcel intended for export arrives at destination, the recipient will be responsible for paying any taxes or customs duties applicable in the destination country. Local authorities can provide you with information.
6) Drafting of Orders
To conclude the purchase contract, the purchasing user must complete the order procedure provided on the website in all its parts and confirm payment for the order in question on the website of the selected payment provider. It is understood that orders originating from countries other than those indicated and having characteristics different from those provided above (in terms of quantity and place of shipment) shall in no case be accepted.
7) Procedure for Drafting and Information
Before placing an order, the customer must go to the FAQ section, where the identity, address and email address of LANCEL, the delivery costs, and all other information concerning performance of the contract, the existence of the right of withdrawal and the procedures and deadlines for returning the product, where applicable, as well as the other information concerning the general terms and conditions, are indicated. The general terms and conditions may be saved and/or printed by the user who wishes to archive them.
8) Procedure for Drafting and Technical Information Notes
The customer / user of the website may access the FAQ section, which contains additional information on the operational procedures to be followed for the conclusion of the contract and on the technical means to be used to correct any errors before placing the order.
9) Order and Information Notes
During the ordering procedure, a whole series of summary information is provided on the characteristics of the product, the price, shipping costs, and the methods of delivery and payment for the product.
10) Drafting of Orders and Responsibilities
To finalise the purchase contract, the order and payment procedure must be completed on the website of the selected provider. Both operations must be carried out by following the instructions provided on the website. If the user has only filled in orders by their characteristics (quantities and/or prices), they must not complete the procedure in question. The user is responsible for the accuracy of the information provided during the order and payment procedure and Lancel declines all responsibility with respect to “unwanted” orders shipped by mistake and/or by minors, and will execute them in accordance with the information provided by the user, while being entitled to claim the established equivalent payment. If, during the order drafting procedure and conclusion of the contract, the customer/user notices that the price of one or more products, which they intend to select for subsequent purchase, is visibly lower than the price normally applied net of any discounts and/or promotions in force at that time, due to an obvious technical problem occurring on the website, they are requested not to complete their purchase order and to report the above-mentioned technical error to Lancel by sending an email to assistance@lancel.fr. If the customer/user has completed their purchase order including a product whose price is visibly lower than the price normally applied, net of any discounts and/or promotions in force at that time, due to an obvious technical problem occurring on the website:
(a) if the customer has not yet received the product, Lancel shall (i) cancel the order, the delivery of which shall therefore not be executed, by simultaneously sending a communication to that effect by email to the email address provided by the user when drafting and transmitting the order and (ii) reimburse the user for the payments made in relation to the cancelled order, including delivery costs, without undue delay and, in any event, no later than 14 days from cancellation of the order, using the same means of payment used by the customer for the initial transaction;
(b) if the customer has received the product, Lancel shall inform the user in due time by email of the error that occurred during the completion of their order, offering them, as an alternative, to (i) pay Lancel, within a maximum period of 5 (five) subsequent days, by one of the available payment methods, the amount corresponding to the difference between the correct price of the product and the erroneous price resulting from the purchase order or (ii) cancel their order, by following the instructions contained in the same communication and returning the product to Lancel, at the latter’s expense, within a maximum period of 14 (fourteen) subsequent days, by sending it to Lancel, unchanged, equipped with all its components and accessories (including tags and labels intact and attached to the product), accompanied by the annexed instructions/notes/manuals, original boxes and packaging and the warranty certificate as well as the return form, duly completed, which will be attached to the email sent by Lancel. If the user chooses the option referred to above in point (b) (ii), Lancel shall reimburse the customer for the payments made in relation to the cancelled order, including delivery costs, without undue delay and, in any event, no later than 14 days from the cancellation of the order, using the same means of payment used by the user for the initial transaction.
11) Order Confirmation
The order confirmation and the corresponding data shall be archived in Lancel’s database for the period necessary for shipment of the order and for the period provided by law. The customer shall receive an order confirmation by email with all the reference data relating to the order in question. These data shall also be visible, for registered users, in the My Account section. The customer who has placed an order on www.lancel.com shall have the possibility of printing their invoice by logging on to the website in the order area provided for this purpose.
Lancel reserves the right not to validate orders in the event of:
- abnormal or abusive claims,
- abnormal orders with regard to the quantities ordered,
- abnormal product pricing due to a website bug,
- abnormal or abusive exchanges and returns,
- existing dispute(s) with the customer.
The customer service department of the Lancel website is available to the customer for all questions relating to their order. Customer service is available by email (assistance@lancel.fr) and by telephone on 01 85 53 38 30, Monday to Friday, from 10 a.m. to 6 p.m.
12) Order Archiving
The contract is concluded at the latest between the moment when Lancel receives the order confirmation by electronic means and the moment when Lancel receives payment confirmation from the selected provider, after verifying the accuracy of the data contained therein. Lancel has the right to refuse the order, by notifying it by email within 2 days of receipt thereof, in the event of incorrect data or the communication of a null and/or incorrect credit card code to the selected provider.
13) Product Unavailability
If the products displayed on Lancel’s e-commerce website are no longer available, Lancel shall notify any possible unavailability of the products in store within 30 days following receipt of the order. If the price of the product has already been paid, Lancel shall reimburse the amount paid. In this case, nothing shall be owed by Lancel by way of damages or on any other basis.
14) Legal Warranties and Insurance
The consumer has a period of two years from delivery of the goods in which to obtain implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
With regard to the legal guarantee of conformity, which entitles the consumer to repair or replacement of the goods free of charge and without major inconvenience, the consumer must make the request within 30 days after receipt of the product.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The rights mentioned above result from the application of Articles L.217-1 to L. 217-32 of the French Consumer Code.
Warranty Exclusion
The above warranties do not cover damage resulting in particular from improper handling of the products, inappropriate use, accidents, exposure to water or solvents, normal wear and tear, or damage caused by carriers. More generally, damage due to external factors and not attributable to a lack of conformity of the products is also excluded.
No refund shall be granted for damage related to the partial or total loss of the product by the buyer, or to the impossibility of using the product in question.
Insurance
Lancel has taken out insurance covering its liability in the course of its professional activity in all of the territories listed in Article 2, with the insurance company AXA, whose details are as follows: Corso Como 17 - 20154 Milano.
15) Payments
The price of the products purchased is payable in cash, in full, on the day the order is placed by the customer. Payment for online purchases made on the Lancel website may be made only and exclusively by Visa, American Express, Mastercard credit card, via Shopify Payment, Paypal or Alma.
It is specified that Alma payment is currently only active for France.
The amount relating to the order will be debited from the credit card when the order is validated. Payment for orders takes place outside the Lancel systems (within the servers of Adyen and Paypal or Alma), which is therefore in no way the holder of or responsible for the processing of banking data or data relating to the credit card used to make the payment in question.
In the event of non-payment, an incorrect address or any other issue on the customer’s account, Lancel reserves the right to block the customer’s order until the issue has been resolved.
In the event of fraudulent use of their bank card on the website, the customer is invited to contact Lancel by email at the following address: assistance@lancel.fr
Lancel implements the means necessary to ensure the confidentiality and security of banking data transmitted on the website. The website is equipped with a secure online payment system enabling your banking data to be encrypted. Payment information is transmitted according to the highest security standards. The transmission of your banking data is guaranteed by our partner: Shopify Payment.
Shopify Payment is not registered in France.
All information exchanged to process payment is encrypted using the SSL (Secure Socket Layer) protocol. This data cannot be detected, intercepted or used by any third party. At no time does the customer’s financial data pass through Lancel’s IT system. Shopify Payment verifies that the connection with the web browser is secure before sending the payment form to the banking institution carrying out the financial transaction.
As Shopify Payment is a technical service provider, it does not handle disputes related to orders, which are dealt with directly by Lancel as specified above or, where applicable, by the customer’s bank.
16) Right of Withdrawal
The customer has a right of withdrawal within thirty (30) days from the day following receipt of the order. The customer exercising their right of withdrawal is not required to provide any justification.
The right of withdrawal is not available for products made to the customer’s specifications or personalised, nor for products used by the customer after delivery and which cannot be returned for reasons of hygiene or health protection.
To do so, they must complete the Withdrawal Form and send it by registered letter (L.Sogedi, Customer Service, 34 rue Pasquier 75008, Paris) or by email to assistance@lancel.fr. Return shipping costs remain payable by the customer.
The buyer may also use this link to complete the return form.
The Customer must return the Products to Nippon Express / L.Sogedi, Quai C et D - Web Returns, 15 boulevard de Beaubourg, 77183 Croissy Beaubourg, France, without undue delay and no later than fourteen days following communication of their decision. The costs of returning the products remain payable by the customer.
Once Lancel has received the returned products, Lancel shall reimburse the customer for the price of the order and any delivery charges paid by the customer using the same payment method as that used by the customer to pay for the order, within 14 days.
The customer’s liability is only engaged with respect to any depreciation in the product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of that product.
17) Returns
The customer must check the conformity of the products upon delivery and report any anomaly (damaged parcel, missing, damaged or non-compliant product) within the legal time limits, by contacting customer service by registered letter or at assistance@lancel.fr or via this link.
In the event of a Lancel error or receipt of a damaged product, the return is free of charge thanks to a prepaid label (Chronopost for Metropolitan France, DHL for international). For a return related to dissatisfaction, the customer initiates the request online and bears the shipping costs. Returns must be made within 30 days following receipt and items purchased online cannot be returned in store.
18 ) Personal Data
LANCEL collects the information necessary for processing orders and communicating commercial offers, with the customer’s consent when validating their order. This data, marked with an asterisk when mandatory, remains strictly confidential.
Lancel undertakes to protect this information through appropriate security measures to prevent any alteration or unauthorised access.
19) Cookies
In order to process the customer’s order, and with a view to better understanding their needs and personalising the services offered on the website, Lancel uses cookies. A cookie is a computer file stored on the hard drive of the customer’s computer, the purpose of which is to signal their visit to the website.
Cookies store, for the duration of the customer’s visit to the website, their identity (known through their email address and password) and the contents of their shopping basket. Once logged out of the website, this information is stored for 30 (thirty) days before being permanently deleted.
The customer may object to the storage of cookies by configuring their Internet browser. They will then lose all customisation of the service offered on the website.
20) Dispute – Applicable Law
These general terms and conditions of sale are governed by French law.
In the event of any difficulty arising in connection with the order or delivery of Lancel items, the customer shall have the option, before taking any legal action, of seeking an amicable solution and referring the matter to CMAP – Centre de Médiation et d’Arbitrage de Paris, the consumer mediator to which Lancel belongs.
To submit a dispute to the mediator, the customer may complete the form on the CMAP website: www.cmap.fr under the tab “you are: a consumer”, send their request by ordinary or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or send an email to consommation@cmap.fr.
Whatever method is used to refer the matter to CMAP, the customer’s request must contain the following elements in order to be processed quickly: their postal, email and telephone contact details as well as the full name and address of Lancel (LANCEL SOGEDI - 34 rue Pasquier, 75008 PARIS), a brief statement of the facts, and proof of the steps taken by the customer with Lancel prior to referring the matter to CMAP.
In addition, the European Commission provides an online dispute resolution platform (ODR) for online sales or service contracts between a consumer residing in the European Union and a professional established in the European Union.
This platform is accessible at the following address: https://webgate.ec.europa.eu/odr/. Mediation is an alternative mechanism which does not constitute a prerequisite for bringing legal action.
Any dispute or claim relating to these General Terms and Conditions of Sale and the relationship between the parties shall be subject to the exclusive jurisdiction of the Commercial Court of Paris, France.