General Conditions of Sale

 

Preamble 

These General Conditions of Sale are intended to govern the contractual relationships that may arise from 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 "  Part  » or the «  Parts  ".

Article 1 – Purpose of the General Conditions of Sale

The purpose of these general terms and conditions of sale (hereinafter "GTC" or "General Terms and Conditions of Sale") is, on the one hand, to inform any potential 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  ") 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 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 placing his order.

LYNART reserves the right to modify these General Terms and Conditions of Sale at any time. However, the General Terms and Conditions of Sale applicable to the order are those accepted by the Buyer at the time the order is placed.

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 binding on the Parties, to the exclusion of any other document, prospectus, catalog or photograph, having only an informative and indicative value. 

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

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

 

Article 2 – Identity of the company

Name  : LYNART SAS
Address: 15 allée des Eiders, 75019  Paris, France
Siren  : 909934606 RCS Paris
E-mail  : info@lynartstore.com

Article 3 – Formation of the contract and orders

              3.1. Rates

The selling prices of the Products presented on the Site, indicated in euros, are those in effect at the time the Buyer places the order. The selling prices of the Products may be modified by LYNART at any time. This modification will be notified to the Buyer before any order. The prices are applicable within the framework of distance selling.

These prices do not include shipping costs, which may be charged in addition to the price of the Products purchased. Shipping costs will be indicated before the Buyer places the order.The various shipping methods are provided below in the General Terms and Conditions and are recalled on the Site when the order is placed; they may 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

3.2.1 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, in particular depending on 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 for non-compliance with the legislation of the country in which the product will be delivered (e.g., in the event of a product ban, etc.). It is the Buyer's responsibility to check with the local authorities in the country where the Products are delivered regarding the possibilities of importing or using the Products and services they plan 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 contact form available in the "  Contact us  " of the Site.

3.3. Availability

The offers presented by LYNART are valid as long as they are advertised 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 or partial cancellation of his order.

In the event of total cancellation of the order:

• The Buyer's order will be automatically cancelled and their bank account will not be debited.
• The Buyer will be informed of this 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 with the amounts corresponding to the available Products,
• The Buyer's order will be partially cancelled with regard to unavailable products and his bank account will not be debited with any amount corresponding to these unavailable products,
• The Buyer will be delivered the available Products.

3.4. Order

Any order constitutes 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 confirming his order, the Buyer has the possibility to check the details of his draft order and to correct any errors.

The distance selling 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 to pay 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 set out in Article 6 of these General Terms and Conditions of Sale). The Order will be confirmed to the Buyer by any appropriate means and an email will be sent to him when his 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 amount 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 in the event of previous orders.

Article 4 – Payment 

The Buyer may pay for their order on the Site under the conditions set out below. The Buyer guarantees to LYNART that they have all the necessary authorizations to use the payment method they have chosen for their order, when registering the order.

 4.1. Payment methods on the site

4.1.1. Bank cards

The following bank cards are accepted on the Site: Carte Bleue, Visa, American Express, and MasterCard. 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. Payment terms

All orders require payment. Orders are payable in euros, including all taxes and mandatory contributions. 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 applied automatically to unpaid amounts after a period of ten days following the date of the order or upon notification of the rejection of bank payment.

LYNART reserves the right to suspend or cancel any execution of an order and/or delivery, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount 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 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 send 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 Buyer's identity, 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. Any Buyer has the right to access, rectify and delete personal data concerning them and processed by LYNART, under the conditions provided for in our Privacy Policy.

The Site is equipped with an online payment security system that encrypts the transmission of the Buyer's banking data and complies with the various banking regulations applicable in France.

Article 5 – Delivery and receipt

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 that are subject to an embargo that would make delivery impossible from mainland France.

5.2. Characteristics of the Site’s delivery methods

5.2.1 Delivery methods for Metropolitan 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 insufficiently large, the Buyer or the recipient of the order, informed by the Buyer, receives a delivery notice, allowing them to collect the package at the place indicated in this delivery notice within 10 to 14 days.

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

5.2. International Delivery

LYNART relies on one of the local postal services in each country and reserves the right to change international carriers if it deems it necessary. It is understood that this choice by LYNART will have no consequences for the Buyer.

Delivery terms vary from country to country.

Generally, upon delivery, a delivery slip or an 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 could not be delivered, particularly in the event of 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 them to collect the package from the post office indicated in the delivery notice, within a period of 10 to 21 days. However, since 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 dispatch of their order, to obtain information relating to the delivery of their order.

In the event that the package is not collected within 10 to 21 working days from receipt of the delivery notice (or failing the first delivery attempt by the local postal service), the package 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, less delivery costs.

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 the products upon delivery.

In the event of an anomaly concerning the package (damaged package, open package, trace of liquid, etc.) or 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 5.3.2 and 5.3.3 of these General Terms and Conditions of Sale). Failure to follow the appropriate procedure excludes any recourse against the carrier and LYNART. In particular, the Buyer will not be entitled to any refund. The Buyer or the recipient of the order will also not be able to claim that LYNART redelivers the products ordered.

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

5.3.2 Procedures to follow 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 detected anomaly in a clear and detailed manner. These reservations must be indicated by the Buyer or the recipient of the order on the delivery receipt signed by the delivery person.
• 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 “report of spoliation” with La Poste.
• Report the refusal 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 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 a report of anomaly (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.
  
  

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

The Buyer or the recipient of the order must report the absence or damage to the product to LYNART Customer Service by email at the address  : info@lynartstore.com  as soon as possible and at the latest within 3 working days from 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 that the delivery times indicated below are subject to availability and provided that no events affect deliveries. They take into account a preparation time of 1-6 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 business 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 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 according 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 T&Cs which remain fully applicable.

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

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 by him during the return and cannot claim any compensation. 

In the event that the Buyer notifies LYNART of his wish to withdraw before even having received his package, the Buyer is informed that it is not technically possible for LYNART to block the shipment of the products once 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 this information given to LYNART.

General provisions applicable to all returns:

The products must be returned to LYNART in a condition suitable for resale (products in perfect condition accompanied by their original packaging, accessories, instructions, etc.) 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 sent after this period will not be accepted.

If the Buyer has benefited from an offer on the Site against purchase, entitling him, under conditions, to one or more product(s) offered in return for his order and, due to 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 product(s) offered received in return for the order of the returned product(s) so that LYNART can take into account his request for withdrawal.

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 affected Product(s),
• Return the affected Product(s) to the following address by completing the following form  :

 

First and last name Address Postal Code - City RECIPIENT  : LYNART SAS - LIOR BRAHAMI 15 Eider Alley 75019 Paris France   At ..., on ... (date of letter) Sir, On ... (indicate the date shown on the order form), I ordered ... (description of the item: for example, the DVD collection, the armchair, etc.) which you delivered to me (or which I received) on ... (date). In accordance with Article L. 221-18 of the Consumer Code, I exercise my right of withdrawal.  Consequently, I ask you to kindly return to me as soon as possible and at the latest within 14 days of receipt of this letter, the sum of ... euros that I paid you when I placed my order, in accordance with the provisions of Article L. 221-24 of the Consumer Code. Please find enclosed (indicate the returned item) that I am returning to you. Please accept, Sir, the expression of my distinguished sentiments. 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 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.

7.1.1 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 that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility under the contract or has been carried out under his responsibility.  »
• Article L.217-5: “ The good is in conformity 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 has the qualities that the latter has presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by 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 Warranty against hidden defects

The French Civil Code provides the following in terms of the guarantee against 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 so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.  »

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

7.1.3 Exclusion of warranties

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

7.2. Methods of implementing legal guarantees

When acting under the legal guarantee of conformity, the Buyer:

• benefits from a period of two years from delivery of the goods to act;
• may 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 used goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

The Buyer may decide to implement the warranty against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

For any request concerning legal guarantees, the Buyer must then contact Customer Service via the "  Contact us  " from the LYNART Site or by email to 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

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.

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

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

 

Article 8 – Retention of title clause

LYNART retains full ownership of the Products sold until full payment of the price, including principal, costs, taxes and mandatory contributions.

Article 9 – Intellectual property

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

Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, or any other content of the Site for any reason and on any medium whatsoever, without the express, written and prior 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 order tracking, returns, complaints about an order or any additional information, LYNART Customer Service can be contacted by email at info@lynartstore.com  or via the contact form in the "  Contact us  " of the Site.

Article 11 – Liability

11.1. Capacity

The Buyer, prior to placing an order, declares that they have full legal capacity, allowing them to commit to these General Terms and Conditions of Sale. LYNART cannot under any circumstances be required to verify the legal capacity of its visitors and Buyers. Consequently, if a person without legal capacity were to order items on the Site, their legal guardians (parents, guardians, in particular) would assume full responsibility for this order and would have to honor the price.

11.2.Limitation of liability

LYNART shall not be liable for the obligations of these General Terms and Conditions of Sale in the event that the failure to perform its obligations is attributable to the actions of a third party, even if foreseeable, to the fault of the Buyer, or to the occurrence of a force majeure event as defined by the French courts or to 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 the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Site or their suitability for the use that the Buyer intends to make of them. LYNART DISCLAIMS ALL LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED DURING THE USE OF THE SITE. IN THE EVENT THAT LYNART'S LIABILITY SHOULD BE ESTABLISHED AND RETAINED DUE TO LOSS SUFFERED BY THE BUYER AND ATTRIBUTABLE EXCLUSIVELY TO THE PLACING OF AN ORDER, THIS LIABILITY IS LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER TO LYNART. Any claim filed by a user, including any Buyer, against LYNART must be made within 6 months of the occurrence of the event giving rise to the claim.

Article 12 – Processing of personal data

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

He also has the right to information, opposition, data portability and a right to limit processing.

The User also has the right to withdraw his consent at any time for data processing based on his 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 – Amendments

LYNART reserves the right to modify and update the General Terms and Conditions of Sale without prior notice. To be informed of these possible modifications, LYNART invites the Buyer, and in general any user or visitor of the Site, to reread the General Terms and Conditions, the Legal Notices and the Privacy Policy of the Site regularly.

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

Article 14 – General

14.1.  Partial invalidity

If one or more provisions of these General Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

14.2. Non-waiver

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

14.3. Duration

The General Terms and Conditions apply for the entire period during which the Products offered by LYNART are online until the end of the warranty periods. In any event, the "liability" clause will survive the termination of the General Terms and Conditions.

15.There  Mediation and Arbitration

Any disputes that may arise regarding the validity, interpretation, performance or non-performance, interruption or termination of this contract shall be subject to the mediation rules and, if this fails, to the arbitration rules to which the parties declare they adhere.

In accordance with Articles L. 611-1 et seq. of the French 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 having unsuccessfully attempted an amicable resolution of the dispute, for any consumer dispute whose settlement has not been successful. The referral to the Mediator is made either by mail by writing to The User may also contact him by email at the address  : ************and/or by post to the following address  : ********

16. Applicable law and attribution of jurisdiction

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

Any dispute arising from these General Terms and Conditions of Sale, concerning their application, their interpretation and/or the liabilities incurred, and which could not be settled amicably by the parties, will be submitted to the competent court.