TERMS AND CONDITIONS OF SALE

1. INTRODUCTION

The terms and conditions of sale or TCS are applicable to the web site www.leonpanckoucke.com, hereinafter referred to as the Website, for the sale of products of the Leon Panckoucke brand, valid on the territory constituted by the countries of the European Union , Switzerland and Norway included. Any order on the website implies full acceptance of these TCS by the customer who makes a purchase. These TCS are printable and are accessible at any time while browsing the website. These TCS can be modified at any time. The applicable TCS are those accepted by the Customer when ordering. The Customer is invited to read them before validating his order.

2. IDENTITY

The Company La Maison Soulié SARL, hereinafter referred to as LMS, is the publisher and operator of the website www.leonpanckoucke.com. The purpose of the Website is the sale of scented candles, home fragrances and decorative objects. LMS is a limited liability company with a capital of 10,000 euros, with registered office at 3 avenue de la Marne - 59130 Lambersart, France. It is registered with the Trade and Companies Register of Lille under number 552 057 002 / contact@leonpanckoucke.com. The editor is Mr. Raphaël Soulié, in his capacity as CEO of the Company.

3. CUSTOMER

The Website allows LMS to sell products to consumer customers over 18 years old and having full legal capacity. Sales are made retail for strictly personal use. The use of the website is prohibited to minors from whom LMS does not knowingly solicit personal information. However, LMS can not be held liable if a minor person buys a product on the website without supervision or authorization. If you have any questions about an order, LMS can provide assistance through its Customer Service at the following e-mail address: onlinesales@leonpanckoucke.com

4. PRODUCTS AND SERVICES

LMS strives to be as specific as possible in its description of the products on the website. However, to the extent permitted by law, LMS can not guarantee that the product description (specifics, images, photos, descriptions, sizes, compositions, etc.) is completely accurate or error-free. LMS reserves the right to correct, modify or update the information at any time without notice.

If necessary, LMS completes the information on the description of its products at the latest on the delivery form.

Unless otherwise expressly stipulated in the terms of the Order, Products and Services of personalization of the Products are carried out in accordance with the European Union or French regulations in force at the date of the latter.

Regarding the quality of the Products or Services, LMS applies the state of the art as practiced in France and the quality as applied by the industrial sector concerned by the order.

The delivery of the products ordered and the promotional offers are ensured only within the limit of the available stocks. In case of unavailability of a product at the time of the order, the customer will be informed as soon as possible.

5. PRICE

The Customer is informed that the prices can change: the prices in force are those published on the website at the time of the order. The Customer must pay attention to the price applied when ordering. Prices are quoted in € (euros) inclusive of VAT (all taxes included) and excluding delivery costs or customs duties. The delivery costs are clearly stated before the final validation of the order and before the Customer settles it.

6. ORDER

The Customer selects the products he/she wishes to order and places them in the shopping cart by clicking on "Add to Cart".

The Customer may, at any time, consult, modify or delete the products he has placed in his shopping cart. All that is required is to click on the "shopping cart" link which will open the "Order Summary" window where he/she can make any changes at any stage of the order before final validation.

The delivery costs are systematically indicated on the window "Order Summary". They take into account information on the destination of delivery provided by the Customer.

By clicking on "next", the Customer validates his order and goes to the next page entitled "Identify". If this is a first order: the Customer must complete the identification form with his/her personal details (name, first name, telephone number, postal and electronic addresses). LMS can not be held responsible for any erroneous information that may have been entered by the Customer at this stage. The Customer then accesses his personal account to follow his/her orders and to update his/her personal information. If the Customer already has a personal account: he will be asked to identify himself/herself.

By clicking on "next", the Customer is directed to the "Address" tab. He/She must check the address of delivery and billing of his order, which are mentioned by default, or modify them if necessary.

By clicking on "next", the Customer is directed to the "Shipping Fees" tab. He/She must select the desired delivery mode. The price of the delivery is displayed according to the selection. After validating the TCS which appear on this page, the Customer must check the box "I have read the general conditions of sale and I agree to it without reservation" which is valid for agreement before final validation of the order.

By clicking on "next", the Customer then accesses the "Payment" tab. It must select the desired payment method. Once the payment has been confirmed, the Customer receives an email confirming the order. The Customer accepts the exclusive use of e-mail by LMS to confirm the order.

7. AVAILABILITY

The Products offered on the website are deliverable within the limit of available stocks. At the time of ordering, the selected product is displayed in the shopping cart only if it is actually available. In the event of unavailability of the Product, LMS may alert the Customer by e-mail, if he/she so requests, as soon as the product is available again. In the event that, despite our vigilance, the Product ordered is unavailable, LMS will inform the Customer as soon as possible by e-mail, telephone and/or SMS. In this case, LMS will not make any debit on the Customer's credit card.

8. CANCELLATION

After Customer has paid, the order made can no longer be canceled.

LMS reserves the right not to honor the order in case of dispute with the Customer.

LMS also reserves the right not to honor an order not from the eshop Website www.leonpanckoucke.com, but also in case of incorrect contact details of the Customer.

9. PAYMENT

By ordering, the Customer acknowledges and accepts its payment obligation.

Payment of the order can only be made by credit card. Accepted means of payment are: Visa and Mastercard. Payment is made via a Secure 3D Banking System.

In the event of payment of a deposit by the Customer for services designed to personalize the Product, the sums paid can not constitute a deposit.

10. DELIVERY

Delivery of orders is carried out by LMS in the countries of the European Union, Switzerland and Norway via Colissimo and Chronopost or any other carrier. A tracking number will be communicated to the Customer by email enabling him/her to consult at any time the steps of routing the order.

The parcel is sent by LMS upon receipt of the entire payment of the order.

For Metropolitan France, the deadlines vary between 48/72 working hours. For the countries of the European Union, the deadlines vary between 5 and 8 working days.

Outside the European Union or Switzerland and Norway, as well as Overseas Territories and Communities, special delivery conditions may be determined depending on the country, customs area or tax area and after consultation and agreement of LMS.

11. SHIPPING COST

The shipping costs are added to the price of the order of the Products. Pricing is included in the "Delivery" section of the Website. Shipping costs are free for all orders over € 100 (one hundred euros) of products, excluding shipping costs, in all countries of the European Union, Switzerland and Norway.

12. RECEIVING PRODUCTS

Upon receipt, the Customer must check in the presence of the carrier that the package is not damaged and that its contents conforms to the order made. In the event of a problem, Customer must immediately express all reservations concerning the facts found and report them to the Customer Service by e-mail at the following address: onlinesales@leonpanckoucke.com. The Customer has a maximum period of 48 hours from the date of receipt of the order to claim. Beyond this period, the claim will not be admissible.

13. RISK TRANSFER

The risks of loss or damage of the Products are transferred to the consumer, or a third party designated by him/she, who takes physical possession of the Products. In case of return of the Products, the risks are transferred again when giving the Products to the carrier.

14. RETURN OF PRODUCTS AND RIGHT OF WITHDRAWAL

The Customer has the right to withdraw by returning the Products addressed to him/her.

He/She loses his right to withdrawal when services are done according to the specifications or requests to personalize the Product with a message, logo, mark, sign, drawing or other representation of the Customer that will have been represented on the Product.

The withdrawal conditions are set out below.

In the event that the Product does not comply with the order or deteriorated, the Customer must immediately contact the Customer Service by e-mail at the following address: onlinesales@leonpanckoucke.com

The Customer has the right to withdraw a maximum period of 14 (fourteen) calendar days from the date of receipt of the order. The date is the one that appears on the receipt of the carrier signed by the Customer. If the delivery includes several shipments, the date of the last delivery is that taken into account. In the event that the fourteenth day falls on a holiday, a Saturday or a Sunday, the validity of the withdrawal would be extended to the next working day. After this date, the right of withdrawal will be considered obsolete.

To use its right of withdrawal, the Customer must contact the Customer Service at the following addresses:

  • by e-mail: onlinesales@leonpanckoucke.com
  • By post: Léon Panckoucke - Customer Service - 3 avenue de la Marne - 59130 Lambersart - France

The Customer must send to the Customer Service a declaration of withdrawal accompanied by the details regarding the Products concerned : order number, reference, description and quantity. The Customer must also attach to his/her shipment the identifying information: his/her name, first name, postal address, e-mail address and telephone number.

The Customer shall have 14 (fourteen) calendar days from the date of the withdrawal notice to return the Product by post to the following address: Léon Panckoucke - Customer Service - 3 avenue de la Marne - 59130 Lambersart - France. In the event that the deadline is not respected, the cancellation declaration will be considered obsolete due to non-compliance with the conditions set out in the TCS. In all cases, the shipping costs remain the responsibility of the Customer.

The returned Product must be in its original condition, not opened, excluding any customs duties and ordered on the LMS Official Website www.leonpanckoucke.com. Should this not be the case, the shipping costs of the Product for the return to the Customer will remain at the exclusive charge of the Customer.

If the conditions are met, LMS will refund by crediting the credit card used by the Customer at the time of the order. The amount credited corresponds to the price of the Product returned, including shipping costs. The shipping costs relating to the redirection of the Product remain the responsibility of the Customer. In the event that the Products of the same order are not all returned, LMS does not refund the delivery costs. The refund will be effective within 14 (fourteen) days after the date of return of the Product, the postmark being valid.

15. CUSTOMER SERVICE

Any complaint regarding a Product ordered on the Website must be imperatively made via the Customer Service by e-mail only to the following address: onlinesales@leonpanckoucke.com

Points of sale distributing the Léon Panckoucke brand are not entitled to exchange or return.

16. LIMITATION OF LIABILITY

LMS warrants that the Products or services are in conformity with their description and free from material defects for 2 months and are provided in accordance with the standards and specifications applicable in France and/or Europe, unless otherwise stipulated in the order.

Excluded from the commercial warranty are defects resulting from (I) any specification or destination of the Products not expressly stated in the order, (II) improper use or inadequate modifications by the Customer or any third party, not previously authorized by LMS (III) the Customer's failure or refusal to comply with the information or information provided with the Products (IV) or any deterioration of the Products resulting from improper storage or not used.

Regarding the Service designed to personalize the Products of LMS, the latter can not be held responsible for the defects that would be caused when transmitting the electronic files of the Client or the software used by LMS or its subcontractors.

In the event that the failure or non-performance of the contract is due to a case of force majeure, to the fact of the Customer or to the unpredictable and insurmountable fact of a third party to the contract, LMS can not be held responsible for the non-execution Of one of its obligations.

17. NON-COMPLIANCE AND HIDDEN DEFECTS

LMS is bound by the legal warranty of conformity and the warranty relating to defects in the goods sold.

The Customer must check that the Product complies with the order upon receipt within 48 hours. Otherwise, the Customer must immediately contact the Customer Service by e-mail at the following address: onlinesale@leonpanckoucke.com

The Customer can not invoke the conformity of a Service or a Product when the defect originates in the materials, the electronic files or the electronic data transferred or belonging to the Customer.

In the event of an important lack of conformity, LMS will propose the replacement of the products.

Concerning the guarantee of hidden defects, the Customer must contact the same service within 5 calendar days of the discovery of the defect.

In all cases, the Customer Service will inform the Customer about the procedure for returning the non-conforming Product and sending a new Product. LMS will not exchange a Product that has not been forwarded by the Customer. In the event that the Customer returns a Product that has not been ordered on the Site or that originates from any source other than the Site, LMS can not be held to the obligations mentioned above.

18. PERSONAL DATA

In accordance with the Data Protection Act of 6 January 1978, as amended in 2004, Customer has the right to access and rectify information concerning him/her:

19. INTELLECTUAL PROPERTY

The whole Website, including all its components, is protected by the laws of the intellectual property. LMS remains sole owner, including the domain name www.leonpanckoucke.com. Any violation will be sanctioned by law. LMS reserves the right to modify the Website and its contents at any time. Hyperlinks to the Website may only be implemented with the written permission of LMS. LMS can not be held responsible for the content of hypertext links to the Website.

When LMS performs services on the Products in such a way as to personalize them, LMS can not be held liable in case of dispute of the rights of third parties or of the Customer owning the rights relating to them.

20. APPLICABLE LAW AND DISPUTE

The contractual information is in French and the Products offered comply with French regulations. If applicable, it is your responsibility, as a foreign customer, to check with the local authorities the possibilities of using the product you are considering ordering. LMS can not be held responsible for non-compliance with the regulations of a foreign country, except the public policy provisions of a European country. In case of dispute, if an amicable solution can not be found, the dispute will be submitted to the jurisdiction of the Commercial Court of Lille, France.