General Conditions of Sale 2022 - LYNART Store

Preamble

These General Conditions of Sale are intended to govern the contractual relationships likely to arise during sales 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 “Parties”.

Article 1 – Purpose of the General Conditions of Sale

These general conditions of sale (hereinafter “CGV” 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 Code of French Consumption (hereinafter the “Buyer”) on the conditions and terms under which the seller (hereinafter “LYNART” or the “Seller”) proceeds with the sale and delivery of the products presented on the Site and ordered (hereinafter the “Products”) and, on the other hand, to define the rights and obligations of the Parties in the context of the sale of the Products by LYNART to the Buyer.

The General Terms and Conditions 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 State.

Consequently, the fact of the Buyer ordering a Product offered for sale on the Site implies full and complete acceptance of these General Conditions of Sale of 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 Buyer 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 enforceable against the Parties, at 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 contractual or informative information mentioned on the Site, in French.

Access to the Site is open and free for any person with legal access to the internet network.

Article 2 – Identity of the company

Name: LYNART, SAS
Address: 15 allée des Eiders, 75019 Paris
Siren: 909 934 606 RCS Paris
Email: info@lynartstore.com

Article 3 – Formation of the contract and orders

3.1 Prices

The sales prices of the Products presented on the Site, indicated in euros, are those in force at the time the order is placed by the Buyer. The sales prices of the Products may be modified by LYNART at any time. This modification will be notified to the Buyer before any order. 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. Shipping costs will be indicated before the order is registered by the Buyer. The different shipping methods are provided below in the General Terms and Conditions and are recalled on the Site when placing the order; they can be modified at any time by LYNART. LYNART therefore advises all Buyers to regularly consult the General Terms and Conditions appearing on the Site.

3.2 Product Characteristics

3.21 General provisions

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

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

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 (e.g. in the event of a ban on a product.) It is up to the Buyer 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 plans to order.

For any questions relating to the Products and their use, any additional questions or requests for advice, the Buyer can contact customer service by email at the address info@lynartstore.com or via the form contact information 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 while stocks last.

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 the total or partial cancellation of your order.

In case 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 Products available,
  • The Buyer's order will be partially canceled with regard to unavailable products and his bank account will not be debited for any sum corresponding to these unavailable products,
  • The Buyer will be delivered the Products available.

3.4 Order

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

Before validating his order, the Buyer has the possibility of checking the details of his proposed order and correcting any errors.

The distance sales contract is concluded from the moment the Buyer 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 an obligation of payment 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 their order. The sale will be final (subject to the Buyer exercising 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 Buyer by any appropriate means and an email will be sent to them when their order is shipped.

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. which would be owed 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 in connection with previous orders.

Article 4 – Payment

The Buyer has the possibility 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 registering the order.

4.1 Payment methods on the site

4.11 Bank cards

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

4.12 Paypal

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

4.2 Payment terms

All orders imply payment. Orders are payable in euros, all taxes and compulsory contributions included. Any bank charges remain the responsibility of the Buyer (including in the case of a refund).

Penalties of an amount equal to the legal interest rate may, at the discretion of LYNART, be automatically applied to unpaid amounts after a period of ten days following the date of the order or upon notification of 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 which would be owed 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 in connection with previous orders.

4.3 Security in payment transactions

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

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 payment method used and the planned delivery.

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. All Buyers have the right to access, rectify and delete personal data concerning them and processed by LYNART, under the conditions provided for in our Confidentiality Policy.

The Site is equipped with an online payment security system allowing the transmission of the Buyer's banking data 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 Buyer in accordance with these General Terms and Conditions will be delivered to the address indicated by the Buyer 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

5.21 Delivery methods for mainland France, Corsica and Monaco

  • Colissimo:

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

In the event that the mailbox is insufficient in size, the Buyer or the recipient of the order, informed by the Buyer, receives a delivery notice, allowing him to collect the package from the place indicated in this notice of passage within 10 to 14 days.

In the event that the package is not collected within the time 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, using the same means of payment as for the purchase, unless expressly agreed by the Buyer 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 have no consequences for the Buyer.

Delivery terms differ from one country to another.

Generally speaking, upon delivery, a delivery slip or acknowledgment of receipt must be signed by the Buyer or the recipient of the order, as provided by the Buyer when placing the order. This acknowledgment of receipt constitutes proof of delivery by LYNART, and of receipt by the Buyer or the recipient of the order, of the Products ordered.

When the package cannot 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 delivery notice, allowing him to collect the parcel to the post office indicated in the delivery notice, for a period of 10 to 21 days. However, as delivery methods vary from one country to another, the Buyer is invited to regularly check the tracking of their package, via the link in the email informing the Buyer of the shipment of their order, to obtain information relating to the delivery of your order.

In the event that the package is not collected within 10 to 21 working days from receipt of the delivery notice (or in the absence of the first delivery attempt by the local postal service), the The parcel will be returned to LYNART and the Buyer reimbursed, using the same means of payment as for the purchase, unless the Buyer expressly agrees to another means of reimbursement of the amount of his order, delivery costs deducted.

5.3 Anomaly, damage, damaged package

5.31 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, opened package, trace of liquid,.) or on the Product(s) ordered (missing product(s), damaged product(s)), the Buyer or the recipient of the order must follow the procedures described below (articles 5.32 and 5.33 of these General Conditions of Sale). Failure to follow the appropriate procedure excludes any recourse against the carrier and LYNART. In particular, the Buyer will not be able to claim any reimbursement. The Buyer or the recipient of the order will also not be able to claim that LYNART will deliver the ordered products.

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

5.32 Procedures that must be followed when the package is damaged

(i) Home delivery in mainland France

If the delivery person 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 Buyer or the recipient of the order on the delivery person's receipt.
  • Immediately report the refusal to LYNART Customer Service by email at: info@lynartstore.com.

If the delivery person is not present:

  • Do not open the package. Please note: opening the package excludes any recourse against LYNART
  • Return the unopened package to the Post Office within five working days of delivery
  • Establish a “spoliation report” with La Poste.
  • Report the refusal to LYNART Customer Service by email to the address: info@lynartstore.com.
  • Notification of incidents and the formulation of reservations must be made promptly and at the latest within 3 working days from the delivery date.

(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 business 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.
  • Notification of incidents and the formulation of reservations must be made promptly and at the latest within 3 working days of delivery.

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

The Buyer or the recipient of the order must report the absence or damage of the product to LYNART Customer Service by email at the address: info@lynartstore.com promptly and at later within 3 working days of delivery.

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

5.4 Delivery times

Delivery times begin upon Order Confirmation.

Please note, the deadlines indicated below are announced subject to availability of the items and on the condition that no event affects deliveries. They take into account a preparation time of 1-6 working days** for standard home delivery.

5.41 Home delivery in mainland France and Monaco

  • Standard delivery: 2 to 4 business days *

5.42 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 day of receipt of the package containing the Products ordered, to exercise his legal right of withdrawal without having to justify his 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 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 General Terms and Conditions which remain fully applicable.

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

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

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 care when returning them.

The Buyer is held responsible for any damage caused during the return and will not be able to claim any compensation.

In the event that the Buyer notifies LYNART of his 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 your 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 this information provided 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.) within fourteen (14) days from the date on which the Buyer informed LYNART of his intention to withdraw and at the latest within fourteen (14) days following their date of receipt. Returns of Products returned after this deadline will not be accepted.

If the Buyer has benefited from an offer against purchase on the Site, 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 Buyer must then send the product(s) he wishes to return accompanied by the offered product(s) received in return for the order of the product(s). returned so that LYNART can take into account its withdrawal request.

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

The Buyer or 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 by completing the following form:

First name and last name

Address

Postal code - City

Recipient:

LYNART – Lior Brahami
15 allée des Eiders
75019 Paris
France

To ., THE (date of letter)

Sir,

The . (indicate the date on the order form), I ordered. (designation of the object: for example the DVD collection, the armchair.) that you delivered to me (or that I received) on . (date).

In accordance with article L. 221-18 of the Consumer Code, I exercise my right of withdrawal.

Consequently, I kindly ask you to return the sum of . euros that I paid you when I ordered, in accordance with the provisions of article L. 221-24 of the Consumer Code.

Please find attached (indicate the returned item) that I am returning to you.

Please believe, Sir, the expression of my distinguished feelings.

Signature

If the Buyer or the recipient of the order does not demonstrate that he has actually ensured the deposit of the product with a carrier, any risk linked to the return of a Product is the responsibility of the Buyer or of the recipient of the order.

Article 7 – Guarantees

7.1 Legal guarantees

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

7.11 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. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his 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, where applicable: - if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; - if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it presents the characteristics defined by mutual agreement between 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 two years from the delivery of the goods.»

7.12 Guarantee against hidden defects

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

Article 1641 of the Civil Code: “ The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would have only given a lower price, if he had known them. »

Article 1648 of the Civil Code: “The action resulting from redhibitory 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 the year following the date on which the seller can be released from the apparent defects or lack of conformity. »

7.13 Exclusion of guarantees

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

7.2 Terms of implementation of legal guarantees

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

  • benefits from a period of two years from the delivery of the goods to take action;
  • can choose between repair or replacement of 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 independently of any commercial guarantee 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 canceling the sale or reducing the sale price in accordance with article 1644 of the civil code.

For any request regarding legal guarantees, the Buyer must contact Customer Service via the “Contact Us” section of the LYNART Site or by email at the address info@lynartstore.com.

These provisions do not exclude the right of withdrawal defined in article 6 above.

7.3 Consequence of the implementation of guarantees

As part of the legal guarantee of conformity, LYNART undertakes to choose the Buyer:

  • 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.

As part of the legal guarantee against hidden defects, LYNART, according to the Buyer's choice, undertakes, after evaluation of the defect:

  • Either to reimburse the entire price of the returned product,
  • Or to reimburse part of the price of the product if the Buyer decides to keep the product.

Article 8 – Reservation of title clause

LYNART retains full and complete ownership of the Products sold until full payment of the full price, in principal, fees, taxes and mandatory contributions included.

Article 9 – Intellectual property

All 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 the owner of the property rights intellectual concerned. The protection applies for the legal duration of protection and for the entire 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 holder of the intellectual property rights 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 questions relating to the tracking of an order, a return, a complaint relating to an order or any additional information, LYNART Customer Service can be reached by email 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 placing his order, declares that he has full legal capacity, allowing him to commit to these General Conditions of Sale. LYNART cannot under any circumstances be required to verify the legal capacity of its visitors and Buyers. Consequently, if a person who does not have legal capacity ordered items on the Site, their legal guardians (parents, guardians, in particular) would assume full responsibility for this order and should in particular honor the price.

11.2 Limitation of liability

LYNART's liability under the obligations of these General Conditions of Sale cannot be incurred in the event that the non-performance of its obligations is attributable to the actions of a third party, even if it is foreseeable, to the fault of the Buyer, or upon the occurrence of a force majeure event as defined by the 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 warranty of any kind, whether implicit or explicit, concerning in particular integrity, accuracy, timeliness, non-infringement, availability , the reliability or completeness of the information, products, accessories or services appearing on the Site or their suitability for the use that the Buyer plans to make of them. LYNART DISCLAIMS ANY LIABILITY FOR DIRECT OR INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED IN CONNECTION WITH THE USE OF THE SITE. IN THE HYPOTHESIS WHERE LYNART'S LIABILITY SHOULD BE ESTABLISHED AND HELD BECAUSE OF DAMAGE SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACEMENT OF AN ORDER, THIS IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER IN LYNART. Any complaint filed by a user, including any Buyer, against LYNART must be made within 6 months following the occurrence of the event, the subject of the complaint.

Article 12 – Processing of personal data

LYNART informs that the User has the right to access, modify, rectify and delete data concerning them.

He also has the right to information, opposition, data portability as well as a right to limitation of processing.

The User also has the right to withdraw their consent at any time for data processing based on their consent as well as the right to deactivate Cookies.

For more information, LYNART invites you to refer to its Privacy Policy accessible on all pages of the Site

Article 13 – Modifications

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 Buyer, and in general any user or visitor to the Site, to reread the General Terms and Conditions, the Legal Notices and the Site's Confidentiality Policy regularly.

The Order will be subject to the General Terms and Conditions in force at the time of the order.

Article 14 – General

14.1Partial invalidity

If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will remain all their strength and reach.

14.2 Non-waiver

The fact for one of the Parties not to claim against the other Party a failure to fulfill any of the obligations referred to in these General Terms and Conditions cannot be interpreted for the future as a waiver to the obligation in question.

14.3 Duration

The General Terms and Conditions apply for the entire duration of the online availability 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 General Terms and Conditions.

Article 15 - Mediation and Arbitration

Disputes which may arise regarding the validity, interpretation, execution or non-execution, interruption or termination of this contract, will be subject to the mediation rules and , in the event of failure, to the arbitration rules to which the parties declare to adhere.

In accordance with articles L. 611-1 et seq. of the Consumer Code concerning the amicable settlement of disputes, LYNART adheres to the mediation services of the National Association of Mediators (ANM). The mediator's service may be contacted, after unsuccessfully attempting an amicable resolution of the dispute, for any consumer dispute whose settlement has not been successful. Referral to the Mediator is made either by mail by writing to The User can thus contact him by email at the address: ************ and/or by post to the following address : ********

Article 16 - Applicable law and attribution of jurisdiction

The interpretation and execution of this contract are subject to French law.

Any dispute arising in connection with these General Conditions of Sale, relating to their application, their interpretation and/or the responsibilities incurred, and which could not be settled amicably by the parties, will be submitted to the court of competent jurisdiction.