General Conditions of Sale 2021 - LYNART Store

Preamble 
These General Conditions of Sale are intended to govern the contractual relations that may arise from the sale of products made on the website www.lynartstore.com (hereinafter the "Site") between the Seller and the Buyer. . For the purposes of these General Conditions of Sale, the Buyer and the Seller are individually or collectively referred to as the “Party” or the “Parties”.

 

Article 1 - Purpose of the General Conditions of Sale

The present general conditions of sale (hereinafter "GTC" or "General Conditions of Sale") are intended, on the one hand, to inform any possible consumer, professional or non-professional within the meaning of the French Consumer Code. (hereinafter the "Buyer") on the terms and conditions under which the seller (hereinafter "LYNART" or the "Seller") sells and delivers the products presented on the Site and ordered (hereinafter "LYNART" or the "Seller"). -after the “Products”) and, on the other hand, to define the rights and obligations of the Parties in connection with the sale of the Products by LYNART to the Buyer.

The GTC apply, without restriction or reservation, to all sales made on the Site of Products offered by LYNART to Buyers established in France and / or in a member country of the European Union and / or in a third country. .

Consequently, the fact that the Buyer orders a Product offered for sale on the Site implies full and complete acceptance of these General Conditions of Sale, which the Buyer acknowledges having read prior to his order.

LYNART reserves the right to modify these General Conditions of Sale at any time. However, the General Conditions of Sale applicable to the order are those accepted by the Purchaser at the time of placing the order.

These General Conditions of Sale are supplemented by the Privacy policy and the Cookies Policy of the Site and constitute, with the online order, the contractual documents opposable to the Parties, to the exclusion of any other document, prospectus, catalog or photograph, having only informative and indicative value. . 

The General Conditions of Sale are drawn up, as well as all the contractual or informative information mentioned on the Site, in French.

Access to the Site is free and open to anyone with lawful access to the Internet.

 

Article 2 - Identity of the company

Name: Lior BRAHAMI LYNART STORE
Address: 4 rue Claude Chahu, 75116 Paris, France
Siren: 845 334 614 RCS Paris
E-mail : info@lynartstore.com

 

Article 3 - Formation of the contract and orders

              3.1. Rate

The selling prices of the Products presented on the Site, indicated in euros, are those in force at the time of placing the order by the Purchaser. The selling prices of the Products can be modified by LYNART at any time. This modification will be notified to the Buyer before any order. The prices are applicable in the context of distance selling.

These prices do not include shipping costs, which may be invoiced in addition to the price of the Products purchased. The shipping costs will be indicated before the order is registered by the Buyer. The different shipping methods are provided below in the GTC and are recalled on the Site when placing the order; they can be modified at any time by LYNART. LYNART therefore advises all Purchasers to regularly consult the GTCs appearing on the Site.

3.2. Product Features

3.2.1 General provisions

The Buyer can select one or more Products among the different categories offered on the LYNART Site.

LYNART may modify the assortment of Products offered for sale on its Site at any time, depending in particular on the constraints linked to its suppliers, without prejudice to the orders placed by the Purchaser.

The Products comply with current French legislation. LYNART cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (eg: in the event of a product ban, etc.). It is up to the Purchaser to check with the local authorities of the country of delivery of the Products the possibilities of importing or using the Products and services that he intends to order.

For any questions relating to the Products and their use, any additional questions or requests for advice, the Purchaser may contact customer service by email at the address info@lynartstore.com or via the contact form available in the "Contact us" section of the Site.

3.3. Availability

The offers presented by LYNART are valid as long as they are announced on the Site and within the limits of available stocks.

In any event, and in the event of total or partial unavailability of Products after placing the order, the Buyer will be informed by email as soon as possible of the unavailability of the Product and of the total cancellation or partial order.

In the event of total cancellation of the order:

  • The Buyer's order will be automatically canceled and his bank account will not be debited.
  • The Buyer will be informed by email.

In the event of partial cancellation of the Order:

  • The Buyer's order will be partially validated and his bank account will only be debited for the sums corresponding to the available Products,
  • The Buyer's order will be partially canceled with regard to unavailable products and his bank account will not be debited for any amount corresponding to these unavailable products,
  • The Purchaser will be delivered with the available Products.

 

3.4. order

Any order implies acceptance of these General Conditions of Sale, of the Privacy policy and the Cookies Policy, without prejudice to the specific contractual conditions concluded between the Parties.

Before validating his order, the Purchaser has the possibility to check the details of his draft order and to correct any errors.

The distance sales contract is concluded from the moment the Purchaser confirms his order by clicking on the “Pay” button. He is considered to have knowingly accepted the content and conditions of the order in question and in particular these General Conditions of Sale, the fact that his order implies a payment obligation on his part, the prices, volumes, characteristics , quantities and delivery times of the Products offered for sale and ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel his order. The sale will be final (subject to the exercise by the Purchaser of his right of withdrawal under the conditions provided for in Article 6 of these General Conditions of Sale). The Order will be confirmed to the Purchaser by any appropriate means and an email will be sent to him when his order is dispatched.

LYNART will be entitled to collect the full price corresponding to the order upon confirmation of the order.

Finally, LYNART reserves the right to suspend or cancel any execution of an order and / or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum that may be due. by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including during previous orders.

 

Article 4 - Payment 

The Buyer has the option of paying for his order on the Site under the conditions set out below. The Buyer guarantees LYNART that he has all the necessary authorizations to use the payment method he has chosen for his order, when the order is recorded.

 4.1. Payment methods on the site

4.1.1. Bank cards

The bank cards accepted on the Site are as follows: Carte Bleue, Visa, American Express and Master Card. Payment by Carte Bleue is available via the Visa and MasterCard networks.

 4.1.2. paypal

The Buyer can use his PayPal account to pay for his orders on the Site.

 

4.2. Terms of payment

Any order implies payment. Orders are payable in euros, all taxes and compulsory contributions included. Any bank charges remain the responsibility of the Purchaser (including in the case of a refund).

Penalties of an amount equal to the legal interest rate may, at LYNART's discretion, be automatically applied to unpaid amounts at the end of a period of ten days following the date of the order or upon notification of the bank payment rejection.

LYNART reserves the right to suspend or cancel any execution of an order and / or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum that would be due by the '' Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including during previous orders.

 

4.3. Security in payment transactions

In order to ensure the security of payment by bank card on the Site, the Purchaser must send LYNART the visual cryptogram (CVV) appearing on the back of the bank card used by the Purchaser.

As part of the fight against Internet fraud, information relating to the Buyer's order may be transmitted to any third party authorized by law or designated by LYNART for the sole purpose of verifying the identity of the Buyer, the validity of the order, the method of payment used and the delivery envisaged.

Following this check, LYNART reserves the right to request a photocopy of the Buyer's identity card and / or any information relating to the Buyer's identity. Any Purchaser has the right to access, rectify and delete personal data concerning him and processed by LYNART, under the conditions provided for in article 7 of our Privacy Policy.

The Site is equipped with an online payment security system enabling the transmission of the Buyer's bank details to be encrypted and complies with the various banking regulations applicable in France.

 

Article 5 - Delivery and reception

5.1. General rules

The Products ordered by the Purchaser in accordance with these T & Cs will be delivered to the address indicated by the Purchaser as the delivery address on the order concerned (hereinafter the “Delivery Address”).

LYNART ensures international delivery, with the exception of all countries which would be subject to an embargo which would make delivery impossible from mainland France.

 

5.2. Characteristics of the Site's delivery methods

5.2.1 Delivery methods for mainland France, Corsica and Monaco

  • Colissimo:

The package containing the Products ordered and paid for is placed in the letterbox at the Delivery Address provided by the Purchaser.

In the event that the letterbox is of insufficient size, the Purchaser or the recipient of the order, informed by the Purchaser, receives a transit advice note, allowing him to collect the package at the place indicated in this transit advice note in a period of 10 to 14 days.

If the package is not collected within the time period indicated on the delivery notice, the package is returned to LYNART. In this case, the Buyer will be reimbursed for the amount of the order, delivery costs deducted, on the same means of payment as for the purchase, unless the Buyer expressly agrees for another means of reimbursement.

 

5.2. International delivery

LYNART relies in each country on one of the local postal services and reserves the right to change international carrier if it deems it necessary. It is understood that this choice of LYNART will be without consequence for the Purchaser.

Delivery terms differ from country to country.

In general, on delivery, a distribution slip or an acknowledgment of receipt must be signed by the Purchaser or the recipient of the order, as provided by the Purchaser when he places his order. This acknowledgment of receipt constitutes proof of delivery by LYNART, and of receipt by the Purchaser or the recipient of the order, of the Products ordered.

When the package could not be delivered, particularly in the absence of the Buyer or the recipient of the order, the Buyer or the recipient of the Order generally receives a transit advice note, allowing him to collect the package at the office. post indicated in the transit advice note, for a period of 10 to 21 days. However, delivery terms varying from one country to another, the Buyer is invited to regularly consult the tracking of his package, via the link in the email informing the Buyer of the shipment of his order, to obtain information relating to the delivery of his order.
In the event that the package is not collected within 10 to 21 working days from receipt of the transit advice note (or failing the first delivery attempt by the local postal service), the package will be returned. to LYNART and the Buyer reimbursed, on the same means of payment as for the purchase, unless the Buyer expressly agrees for another means of reimbursement of the amount of his order, delivery costs deducted.

 

5.3. Anomaly, damage, damaged package

5.3.1 General provisions

The Buyer or the recipient of the order is invited to check the apparent condition of the package and products upon delivery.

In the event of an anomaly relating to the package (damaged package, open package, trace of liquid, etc.) or to the Product (s) ordered (missing product (s), product (s) ( s) damaged), the Purchaser or the recipient of the order must imperatively follow the procedures described below (articles 5.3.2 and 5.3.3 of these General Conditions of Sale). Failure to comply with the appropriate procedure excludes any recourse against the carrier and LYNART. In particular, the Buyer will not be able to claim any reimbursement. The Purchaser or the recipient of the order may not also claim that LYNART re-delivers the products ordered.

It is also possible for the Purchaser or the recipient of the order to contact LYNART Customer Service to find out how to return damaged product (s). The procedure for returning damaged products which may be indicated by LYNART Customer Service must then be followed by the Purchaser. Otherwise, the Purchaser may not claim any reimbursement or exchange of the products in question.

 

5.3.2 Procedures to be followed when the package is damaged

(i) Home delivery in mainland France

If the deliveryman is present:

  • Refuse delivery and immediately issue all reservations regarding the anomaly detected in a clear and detailed manner. These reservations must be indicated by the Purchaser or the recipient of the order on the delivery voucher.
  • Immediately report the refusal to LYNART Customer Service by email at: info@lynartstore.com.

If the deliveryman is not present:

  • Do not open the package. Warning: opening the package excludes any recourse against LYNART
  • Return the unopened package to the Post Office within five working days of delivery
  • Establish a "report of spoliation" with La Poste.
  • Report the refusal to LYNART Customer Service by email at: info@lynartstore.com.
  • The notification of incidents and the formulation of reservations must be made as soon as possible and at the latest within 3 working days from the date of delivery.

(ii) International delivery:

  • Do not open the package. Please note: opening the package excludes any recourse against the local postal service, ColiPoste and LYNART.
  • Return the unopened package to the local post office within five working days of delivery
  • Establish an anomaly report (the name varies depending on the country)
  • Report the anomaly to LYNART Customer Service by email at: info@lynartstore.com.
  • The notification of incidents and the formulation of reservations must be made as soon as possible and at the latest within 3 working days from delivery.

 

5.3.3 Procedure to be followed in the event of a missing or damaged product

The Purchaser or the recipient of the order must report the absence or deterioration of the product to LYNART Customer Service by e-mail at the address: info@lynartstore.com as soon as possible and at the latest within 3 working days of delivery.

LYNART Customer Service may request any information relating to the identity of the Purchaser or the recipient of the order and carry out any useful verification on this occasion.

 

5.4. Delivery delay

Delivery times start to run from the Order Confirmation

Please note, the deadlines indicated below are subject to availability of the items. They take into account a preparation time of 1-4 working days ** for standard home delivery.

5.4.1 Home delivery in mainland France and Monaco

  • Standard delivery: 2 to 4 working days *

5.4.2 International delivery

International delivery times vary between 3 and 15 working days *.

*Working days: Monday to Saturday excluding public holidays
**Working days: Monday to Friday excluding public holidays

 

Article 6 - Right of withdrawal

In accordance with Article L. 221-18 of the Consumer Code, the Buyer has a period of 14 (fourteen) days from the date of receipt of the package containing the Products ordered, to exercise his legal right of withdrawal. without having to justify its decision.

In accordance with article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for orders relating to:

  • the supply of goods which have been unsealed after delivery and which cannot be returned for reasons of hygiene or health protection,
  • the supply of goods made to the consumer's specifications or clearly personalized (in particular the services relating to the "engraving workshop" cannot be subject to the right of withdrawal).

These provisions apply without prejudice to the guarantees provided for in article 7 of these GTCS which remain fully applicable.

The Purchaser exercising his right of withdrawal under the conditions provided for in this article in terms of time and methods of returning the products, may obtain a refund of the returned products as well as the delivery costs (at the standard cost) of the order, in accordance with in article L221-24 of the Consumer Code. The reimbursement will be made according to the means of payment used for the initial transaction, unless expressly agreed by the Purchaser for another means of reimbursement.

To request a return, you can contact us by email at info@lynartstore.com.

The return costs are the responsibility of the Buyer. 

The Buyer undertakes to return the Products purchased in their original packaging and undertakes to take the greatest possible care during the return. 

The Purchaser is held responsible for any deterioration caused by him during the return and may not claim any compensation. 

In the event that the Buyer notifies LYNART of its desire to withdraw even before having received his package, the Buyer is informed that it is not technically possible for LYNART to block the shipment of the products once that his order has been validated. The Order will then be shipped to the Buyer and the Buyer undertakes, in accordance with Article L.221-23 of the Consumer Code, to return the products concerned within a maximum period of fourteen (14) days from of this information made to LYNART.

General provisions applicable to all returns:

The products must be returned to LYNART in a condition suitable for re-marketing (products in perfect condition accompanied by their original packaging, accessories, instructions, etc.) within fourteen (14) days from the date on which the Purchaser has informed LYNART of his intention to retract and at the latest within fourteen (14) days of the date of receipt. Returns of Products returned after this period will not be accepted.

If the Purchaser has benefited on the Site from an offer against purchase, giving him the right, under conditions, to one or more product (s) offered in return for his order and, as a result of the exercise of his right of withdrawal, the latter is no longer eligible for the offer in question; The Purchaser must then send the product (s) he wishes to return accompanied by the product (s) offered (s) received in return for ordering the product (s) returned so that LYNART can take into account its request for withdrawal.

The Purchaser may be held liable in the event of depreciation of the Product resulting from handling other than those necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products.

The Buyer or the recipient of the order who exercises his right of withdrawal must follow the following instructions:

  • Use the original packaging to return the Product (s) concerned,
  • Return the Product (s) concerned to the following address:
LYNART STORE - Lior Brahami
15 Alley of the Eiders
75019 Paris - France
FRANCE

 

LYNART does not accept parcels or letters sent postage due.

If the Purchaser or the recipient of the order does not demonstrate that he has effectively deposited the product with a carrier, any risk associated with the return of a Product is the responsibility of the Purchaser or the recipient of the command.

 

Article 7 - Guarantees

7.1. Legal guarantees

All the Products for sale on the Site benefit from the legal guarantee of conformity (as defined in articles L.217-4 and following of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of the Civil Code), allowing the Purchaser to return defective or non-compliant products delivered free of charge.

7.1.1 Legal guarantee of conformity

The French consumer code provides the following in terms of legal guarantee of conformity:

  • Article L.217-4: " The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility. »
  • Article L.217-5: " The good complies with the contract: 1 ° If it is suitable for the use usually expected of a similar good and, if applicable: - if it corresponds to the description given by the seller and has the qualities that this presented to the buyer as a sample or model; - if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
  • Article L.217-12: " The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.»

 

7.1.2 Guarantee against hidden defects

The French Civil Code provides the following in terms of warranty against hidden defects:

Article 1641 of the Civil Code: " The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which so diminishes this use, that the buyer has not acquired it, or has not would have given a lesser price, if he had known them. »

Article 1648 of the Civil Code: " The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity. »

 

7.1.3 Exclusion of guarantees

Products modified, repaired, integrated or added by the Purchaser are excluded from warranty. The warranty does not cover apparent defects. The warranty will not cover products damaged during transport or due to improper use.

7.2. Methods of implementing legal guarantees

When acting as a legal guarantee of conformity, the Purchaser:

  • has a period of two years from the delivery of the property to act;
  • may choose between repairing or replacing the goods, subject to the cost conditions provided for in article L.217-9 of the Consumer Code;
  • is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.

The legal guarantee of conformity applies regardless of the commercial guarantee that may be granted.

The Buyer may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.

For any request concerning legal guarantees, the Purchaser must then contact Customer Service via the "Contact us" section of the LYNART Site or by e-mail at the address info@lynartstore.com.

These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

7.3. Consequence of the implementation of guarantees

Within the framework of the legal guarantee of conformity, LYNART undertakes at the choice of the Purchaser:

  • either to replace the Product with an identical Product depending on available stocks,
  • or to reimburse the price of the Product if the replacement of a product proves impossible.

Within the framework of the legal guarantee against hidden defects, LYNART, according to the choice of the Purchaser, undertakes, after evaluation of the defect:

  • Either to refund the full price of the returned product,
  • Or to reimburse him for part of the price of the product if the Purchaser decides to keep the product.

 

Article 8 - Retention of title clause

LYNART retains full and entire ownership of the Products sold until full receipt of the full price, in principal, costs, taxes and compulsory contributions included.

 

Article 9 - Intellectual property

All the elements reproduced on the Website and in the General Conditions of Sale, such as illustrations, images and any content appearing on the Site, are and will remain the exclusive property of LYNART or of the holder of the intellectual property rights concerned. The protection is valid for the legal term of protection and for the whole world. 

Any total or partial reproduction, modification or use of these brands, illustrations, images and logos, or any other content of the Site for any reason and on any medium whatsoever, without the express, prior written consent of LYNART or the rights holder intellectual property concerned is strictly prohibited. The same applies to all copyrights, designs and models, patents appearing and / or used on the Site.

 

Article 10 - Customer service

For any question relating to the follow-up of an order, a return, a complaint relating to an order or any additional information, LYNART Customer Service can be contacted by e-mail at the address info@lynartstore.com or via the contact form in the "Contact us" section of the Site.

 

Article 11 - Liability

11.1. Capacity

The Buyer, prior to his order, declares to have full legal capacity, allowing him to commit to these General Conditions of Sale. LYNART can under no circumstances be required to verify the legal capacity of its visitors and Buyers. Consequently, if a person who does not have legal capacity orders articles on the Site, his legal representatives (parents, guardians, in particular) would assume full responsibility for this order and should in particular honor the price.

11.2. Limitation of liability

The responsibility of LYNART under the obligations of these General Conditions of Sale can not be engaged in the event that the non-performance of its obligations is attributable to the act of a third party even if it is foreseeable, to the fault of the Purchaser. , or the occurrence of a force majeure event as defined by French courts or any other event which was not reasonably under the exclusive control of LYNART. The information accessible on the Site is provided "AS IS" without guarantee of any kind, whether implicit or explicit, in particular concerning integrity, accuracy, timeliness, non-infringement, availability. , the reliability or exhaustiveness of the information, products, accessories or services appearing on the Site or their suitability for the use that the Purchaser intends to make of it. LYNART DISCLAIMS ANY RESPONSIBILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED IN THE USE OF THE SITE. IN THE ASSUMPTION WHERE LYNART'S LIABILITY SHOULD BE ESTABLISHED AND RETAINED DUE TO DAMAGE SUFFERED BY THE PURCHASER AND ACCOUNTABLE EXCLUSIVELY ON THE PLACING OF AN ORDER, THIS IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE PURCHASER. BUYER AT LYNART. Any complaint lodged by a user, including any Buyer, against LYNART must be made within 6 months of the occurrence of the event, which is the subject of the complaint.

 

Article 12 - Processing of personal data

LYNART collects the personal data of the Purchaser as well as, where applicable, that of the recipient of the order. The purposes, recipients, retention periods and conditions under which LYNART collects and processes personal data are presented in the Site's Privacy Policy, which details all the information relating to the processing of personal data as well as the rights of the persons concerned. link with these treatments.

 

Article 13 - Amendments

LYNART reserves the right to modify and update the General Conditions of Sale without notice. To be informed of these possible modifications, LYNART invites the Purchaser, and in general any user or visitor to the Site, to re-read the GTC, Legal Notice and Privacy Policy of the Site regularly.

The Order will be subject to the GTC in force at the time of the order.

 

Article 14 - General

14.1. Partial invalidity

If one or more stipulations of the present GTC are considered as invalid or declared as such by law, regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and their reach.

14.2. No waiver

The fact that one of the Parties does not invoke with the other Party a breach of any of the obligations referred to in these T & Cs cannot be interpreted for the future as a waiver of the obligation involved.

14.3. Duration

The T & Cs apply throughout the duration of the online posting of the Products offered by LYNART until the end of the warranty periods. In any event, the “liability” clause will survive the termination of the GTC.

 

Article 15 - Competent jurisdiction and applicable law

Orders are subject to French law regardless of the Buyer's country of residence and the place where the Order is placed.

ANY LITIGATION RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR BREACH OF THE CONTRACT CONCLUDED BETWEEN LYNART AND THE PURCHASER, EVEN IN CASE OF PLURALITY OF DEFENDANTS, WILL BE, Failing a friendly agreement, of the exclusive jurisdiction of the COMPETENT FRENCH COURTS IN APPLICATION OF THE RULES DEDICATED BY THE FRENCH CIVIL PROCEDURE CODE.