Conditions générales de ventes
L-S BUECHER is a société par actions simplifiée (simplified joint-stock company), located at 10 Rue Ramey in Paris (75018), registered with the R.C.S. of COLMAR under n°823 984 257, whose main activity is the manufacture and sale of jewelry items.
The present general conditions of sale are concluded between the company L-S BUECHER, hereinafter referred to as "L-S BUECHER", and any individual or legal entity, hereinafter referred to as "the customer", who places an order for items on the website https://leilabuecher.com, hereinafter referred to as "the website", or directly with L-S BUECHER.
ARTICLE 1 - COMPLETENESS
These general terms and conditions of sale express the entirety of the obligations of the parties. They constitute the sole framework of the contractual relationship between the parties and prevail over any other document, in particular any general terms and conditions of purchase of the customer. The customer acknowledges having accepted them without reservation.
L-S BUECHER reserves the right to modify these terms and conditions at any time.
The latest version of the general terms and conditions of sale published on the site is applicable to relations between the parties from the date of its publication. Orders are subject to the terms and conditions in force at the time the order is placed on the site.
ARTICLE 2 - CREATING A CUSTOMER ACCOUNT
The customer declares to be of legal age and to have the legal capacity to conclude a sale.
The customer undertakes to provide L-S BUECHER with truthful and complete information and not to infringe, in any way whatsoever, the rights of third parties.
The customer also undertakes to keep the above information up to date and to correct any errors spontaneously.
When created for a legal entity, the account is deemed to have been created by a person with the capacity and authority to bind the legal entity. In the event that the subscriber provides inaccurate, incomplete, misleading or obsolete information, L-S BUECHER reserves the right not to create the account or to suspend it after it has been created, in the event that L-S BUECHER becomes aware of it afterwards.
L-S BUECHER reserves the right to request supporting documents.
The customer is solely responsible for the use of his identifiers, and undertakes to make personal use of them and not to communicate them to third parties.
ARTICLE 3 - PRICES
The price of items is that displayed on the site in euros, inclusive of VAT at the rate in force on the day of the order. The price of items may vary over time without notice, depending on changes in the price of raw materials.
L-S BUECHER reserves the right to vary the price of its products over time, in particular during promotional campaigns.
Items will be invoiced on the basis of the prices in force at the time of order confirmation, subject to availability on that date.
The customer can choose to make a specific request to personalize the items.
Requests should be sent via the contact form available on the site or by e-mail to the following address: contact@lsbuecher.com.
In this case, L-S BUECHER provides the customer with an estimate of the final price of the item.
The quotation is valid for one (1) month from the date indicated on the quotation. After this period, the prices set by L-S BUECHER may change and a new quotation must be drawn up.
The amount of the order is to be paid by the customer in two instalments.
When validating the order, the customer must pay a deposit of 50% (FIFTY PER CENT) of the total price of the order.
When the item is ready to be delivered or shipped, the customer will be asked by e-mail to pay the balance. The customer has seven (7) days from the date of this e-mail to pay the balance.
After this period, a fixed indemnity of €40.00 (FORTY EUROS) will be applied.
No item will be delivered or dispatched until full payment has been received from the customer.
The transfer of ownership of the articles to the customer does not take effect until the price has been paid in full.
ARTICLE 4 - AVAILABILITY OF ITEMS
Items are sold while stocks last.
The items available for sale on the site are non-customizable models. For any request for a specific, personalized item, the customer must contact L-S BUECHER directly and will not be able to order the item on the site.
Personalized orders should be sent via the contact form on the site or by e-mail to the following address: contact@lsbuecher.com.
Offers of items and prices are valid as long as they are visible on the site, except for temporary promotional operations whose validity is indicated on the site.
In the event of an order for an item that proves to be unavailable, the customer will be informed by e-mail or telephone as soon as possible, and will be offered the option of cancelling the order.
In case of an order of several items, if one of the items is unavailable, L-S BUECHER will inform the customer of the impossibility to ship the unavailable item. The remainder of the order will be processed and shipped to the customer within the timeframe announced in the order confirmation email.
The customer may also opt for the total cancellation of his order, provided that he informs L-S BUECHER in advance, in clear and unambiguous terms, by e-mail to the following address: contact@lsbuecher.com.
ARTICLE 5 - ORDERING PROCESS
5.1. Prerequisites
The customer who wishes to purchase an item offered by L-S BUECHER must :
have a customer account created in accordance with article 2 of these terms and conditions,
select the desired items and their quantity on the site,
validate the order after checking it,
in the case of a customized order, please contact L-S BUECHER directly and accept the quotation,
make payment in accordance with the conditions set out below.
Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge of them, and waiver of the right to invoke one's own conditions of purchase or any other conditions.
When placed by a legal entity, the order for items marketed by L-S BUECHER is deemed to have been placed by a person with authority to bind the company.
In order to comply with regulations on the fight against money laundering and the financing of terrorism, in the case of an order amounting to more than €10,000.00 (TEN THOUSAND EUROS):
customers who are natural persons must provide a scan of an official identity document or present an original document (for French nationals: identity card, driver's license or passport; for non-French nationals: passport),
legal entity customers must provide a copy of their K-bis extract. If the legal entity is a company, the customer must identify the beneficial owner within the meaning of article R. 561-1 of the French Monetary and Financial Code, and provide a scan of an official identity document for this person, or present an original of this document (for French nationals: identity card, driving license or passport; for non-French nationals: passport).
No order over €10,000.00 (TEN THOUSAND EUROS) can be placed without this formality.
5.2. Payment
L-S BUECHER accepts the following methods of payment:
Bank transfer,
Debit card (Carte Bleue),
Cheques,
PayPal.
For all orders placed directly and exclusively on the site, only payments by debit card (Carte Bleue) or via PayPal are accepted.
Payment by bank transfer
For payment by bank transfer, L-S BUECHER's bank details are as follows:
Crédit Mutuel - C/C Eurocompte Pro Sérénité L-S Buecher
BIC: CMCIFR2AXXX
IBAN: FR7610278013000002121190145
Payment by debit card
L-S BUECHER only accepts debit cards (Carte Bleue).
The customer guarantees to L-S BUECHER that he is the holder of the credit card used and that the name on the credit card is his.
For all orders placed directly and exclusively on the site, only payments by debit card (Carte Bleue) or via PayPal are accepted.
When an order is placed on the site, the customer's credit card is debited at the end of the order validation process.
The customer provides all the bank details requested in a secure Internet environment. In order to guarantee the confidentiality and security of bank details, checks are carried out online with the relevant banking establishments and organizations, which are queried via the STRIPE system, the payment service provider. STRIPE is responsible for the storage and automated processing of information relating to each order, including bank details, in a secure environment.
The customer remains fully responsible for the banking information he communicates and for the security of his means of payment.
Payment by cheque
In the case of payment by cheque, the cheque must be made payable to the company.
Due to banking delays and the risk of non-payment, customers wishing to pay by cheque are informed that their order cannot be delivered or dispatched until confirmation has been received from the banking establishment or organization in which the drawn account is held.
Payment via PayPal
Customers can pay for their orders via the PayPal payment site (credit card or PayPal account). Bank details relating to the payment method are managed directly by the PayPal security service.
When an order is placed on the site, the customer's credit card or PayPal account is debited at the end of the order validation process.
The customer remains fully responsible for the banking information he communicates and for the security of his means of payment.
5.3. Order confirmation
The customer will receive an order confirmation email from L-S BUECHER with a summary of the items ordered. This order confirmation email signifies L-S BUECHER's acceptance of the customer's order and thus forms the sales contract between the parties.
When making a payment on the website, the customer will first receive an automatic payment confirmation email. The customer will then receive an order confirmation e-mail from L-S BUECHER with a summary of the items ordered. This order confirmation email signifies L-S BUECHER's acceptance of the customer's order and thus forms the sales contract between the parties.
As soon as the order is ready to be delivered or shipped, L-S BUECHER will send an order dispatch email to the customer.
L-S BUECHER reserves the right to refuse and cancel any order from a customer with whom there are present or past disputes, or in execution of its legal obligation of vigilance provided for in articles L. 561-5 et seq. and R. 561-5 et seq. of the French Monetary and Financial Code.
Once the order has been finalized and paid for, the customer may not cancel the order.
5.4. Proof of order
All data provided and the confirmation recorded by L-S BUECHER will be considered as proof of the transaction.
L-S BUECHER archives order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of article 1379 of the French Civil Code.
The computerized records of L-S BUECHER are considered by the parties as proof of communications, orders, payments and transactions between the parties.
ARTICLE 6 - DELIVERY TERMS
The present article details the terms of delivery valid in metropolitan France. For deliveries to DOM-TOM and abroad, the customer must enquire about specific delivery terms with L-S BUECHER before placing the order. Such a request may be made by e-mail to the following address: contact@lsbuecher.com.
When placing the order, the customer can choose between several carriers. If the customer wishes to benefit from a specific delivery method (express delivery or concierge service), he/she must request this from L-S BUECHER when placing the order. L-S BUECHER will then contact the customer to help arrange delivery.
The customer may also choose to collect his order from one of the following L-S BUECHER sales outlets:
78 rue Joseph De Maistre, 75018 Paris,
10 Rue Ramey, Paris (75018).
If the customer does not come in person, the person sent by the customer must present a release form signed by the customer.
Delivery costs depend on the delivery method chosen. These costs are charged to the customer.
The delivery times announced on the site are calculated in working days, subject to validation of the order by L-S BUECHER. The delivery date is calculated taking into account the shipping time of the order to which is added the delivery time of the carrier.
The delivery time begins to run when L-S BUECHER sends the parcel; it is therefore added to the time required to manufacture the jewelry and to the time required to dispatch the order. The manufacturing time of the jewel is specified on the card of each article as an indication as well as, if necessary, on the estimate transmitted to the customer, and is recalled on the invoice sent at the time of the acceptance of the order by L-S BUECHER.
The customer is informed by e-mail as soon as the order is dispatched.
The delivery time depends on the delivery method chosen, and corresponds to the usual delivery time indicated by the various carriers.
The customer is entirely responsible for the delivery address indicated at the time of ordering. Any parcel returned to L-S BUECHER due to an incorrect or incomplete delivery address will be reshipped at the customer's sole expense.
L-S BUECHER undertakes to inform the customer of any delay in delivery of which it is aware. Likewise, the customer shall inform L-S BUECHER of any delay in delivery exceeding eight (8) days from the initially scheduled delivery date.
If the parcel is damaged or incomplete, the customer will inform L-S BUECHER. It is specified that this notification by the customer does not affect the customer's right to take advantage of the guarantees mentioned in article 10 hereof.
ARTICLE 7 - AFTER-SALES SERVICE
L-S BUECHER offers an after-sales service only for items manufactured by L-S BUECHER and purchased directly from L-S BUECHER or on its website.
In order to benefit from this service, the customer must keep and present the invoice issued by L-S BUECHER upon validation of the order.
Customers wishing to take advantage of the after-sales service must make a request, specifying the desired restorations and enclosing a copy of the invoice for the item concerned, by sending an e-mail to the following address: contact@lsbuecher.com.
At the express request of L-S BUECHER, the customer must return the item in question:
or by dropping it off at one of the following L-S BUECHER sales outlets: 78 rue Joseph De Maistre, 75018 Paris, or 10 Rue Ramey, 75018 Paris,
or by returning it to the following postal address: L-S BUECHER, 10 Rue Ramey, 75018 Paris
Shipping costs will be charged to the customer.
The risks involved in returning the item are borne by the customer.
Please note that, in accordance with article D. 2 of the French Post and Electronic Communications Code, jewelry items may only be transported by declared-value (VD), registered or recorded delivery. When depositing the shipment, the customer must choose a guarantee level equal to or greater than the value of the items to be returned.
If the item has a value in excess of €5,000.00 (FIVE THOUSAND EUROS), VD shipment is not possible. In this case, the customer must send the item via a cash-in-transit company.
L-S BUECHER will check whether the item concerned is eligible for after-sales service and under what conditions.
Sizing
L-S BUECHER may pay the cost of sizing an item only in the following case: first sizing requested by the customer for the item concerned and provided that the customer makes the request within three (3) months of delivery of the item.
In particular, the customer must present the invoice for the item concerned.
ARTICLE 8 - EXCLUSION FROM THE RIGHT OF WITHDRAWAL
The customer is informed of the fact that he cannot exercise a right of withdrawal within the framework of the sales contract concluded with L-S BUECHER.
In accordance with article L. 221-28 of the French Consumer Code :
"The right of withdrawal cannot be exercised for the following contracts: (...)
2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
3° The supply of goods made to the consumer's specifications or clearly personalized;".
The right of withdrawal is independent of the legal warranties, the terms and conditions of which are set out in article 10 of these terms and conditions.
ARTICLE 9 - RETURNS POLICY
If the customer wishes to return an item or make an exchange, he must first make a request to L-S BUECHER by sending an e-mail to the following address: contact@lsbuecher.com.
The return or exchange must be expressly accepted by L-S BUECHER. L-S BUECHER is free to refuse any proposal. In any case, no return or exchange will be accepted before L-S BUECHER has carried out the necessary checks, including a series of expert appraisals on the item in question.
If necessary, L-S BUECHER will inform the customer directly about the return or exchange procedure.
It is hereby specified that all returns and exchanges will be refused:
special, customized or engraved orders,
items that have undergone modifications (e.g. sizing)
items not in perfect condition,
items sold as part of a promotional offer.
It is specified that the legal warranties, the terms of which are set out in article 10 of these general terms and conditions, are independent of the returns policy set out in the present article.
ARTICLE 10 - WARRANTIES AND LIABILITY
10.1. Legal warranty of conformity
The customer has a period of two (2) years from delivery of the item in question to contest the lack of conformity of the item, in accordance with articles L. 217-4 et seq. of the French Consumer Code. If the lack of conformity is proven, the customer may choose between repair or replacement of the item, subject to the exceptions provided for in articles L. 217-9 and L. 217-10 of the French Consumer Code.
If the customer chooses the replacement of the good, it is specified that the replacement may only concern an identical item or one of equivalent quality and price, subject to the aforementioned exceptions. The customer and L-S BUECHER agree to communicate in good faith.
The legal guarantee of conformity only applies to sales to consumers, and is not applicable to sales to professional customers.
10.2 Legal warranty against hidden defects
The legal warranty for hidden defects allows the customer to request, within two (2) years of the discovery of the defect, either rescission of the sale or partial reimbursement of the purchase price, in accordance with articles 1641 et seq. of the French Civil Code.
10.3 Terms and conditions of legal warranties
The customer shall contact L-S BUECHER, specifying the difficulties or malfunctions encountered with the item concerned, by sending an e-mail to the following address: contact@lsbuecher.com.
The customer must also return the item concerned to the following postal address: L-S BUECHER - 10 Rue Ramey - 75018 Paris.
Shipping costs will be paid by L-S BUECHER, upon presentation of receipts by the customer.
The customer advances the cost of the return shipment and encloses proof of advance payment with the shipment.
The risks involved in returning the item are borne by the customer.
Please note that, in accordance with article D. 2 of the French Post and Electronic Communications Code, jewelry items may only be transported by declared-value (VD), registered or recorded delivery. When depositing the shipment, the customer must choose a guarantee level equal to or greater than the value of the items to be returned.
If the item is worth more than €5,000.00 (FIVE THOUSAND EUROS), VD shipping is not possible. In this case, the customer must send the item via a cash-in-transit company, and retain proof of payment of shipping costs.
Once the item has been processed by L-S BUECHER, who will check in particular whether the item qualifies for a legal guarantee, the shipping costs advanced by the customer will be reimbursed and, depending on the case and subject to the exceptions, either the repair or replacement of the item, borne free of charge by the consumer customer, or the cancellation of the sale or partial reimbursement of the sale price.
10.4 Exclusion of liability
In addition to the cases provided for by law, L-S BUECHER's liability is excluded in the event of direct or indirect damage to property or persons, suffered by the customer or a third party, and resulting from the following cases:
negligence or fault attributable to the customer or to any third party having used the articles marketed by L-S BUECHER,
use of items in non-compliant conditions,
modification of the articles by the customer or by a third party.
ARTICLE 11 - MEDIATION OF CONSUMER DISPUTES
In accordance with articles L. 612-1 et seq. of the French Consumer Code concerning the mediation process for consumer disputes, the consumer customer has the right to free recourse to the internal mediation service offered by L-S BUECHER.
Customers are also informed that they may choose to use the European Commission's online platform for online dispute resolution (RLL), which can be accessed via the following link: http://ec.europa.eu/consumers/odr/
This platform enables consumers to settle their disputes with professionals out of court.
ARTICLE 12 - INTELLECTUAL PROPERTY
All texts, illustrations and images on this website are protected by copyright owned by L-S BUECHER. These rights are reserved worldwide.
The customer and all visitors to the site are therefore prohibited from copying, modifying, distributing, transmitting, broadcasting, representing, reproducing, publishing, licensing, transferring or exploiting in any other way the information on the site, any other use constituting an infringement.
The "LEILA BUECHER" sign is a European Union trademark registered with the EUIPO under n°018319379 for goods in class n°14.
In accordance with article L. 713-2 of the French Intellectual Property Code :
"Unless authorized by the trademark owner, use in the course of trade for goods and services is prohibited:
1° A sign identical to the mark and used for goods or services identical to those for which the mark is registered;
2° a sign identical or similar to the trademark and used for goods or services identical or similar to those for which the trademark is registered, if there exists, in the mind of the public, a likelihood of confusion including the likelihood of association of the sign with the trademark."
Any customer or visitor to the site who does not respect these intellectual property rights is liable to prosecution.
ARTICLE 13 - NON-WAIVER
The fact that L-S BUECHER does not take advantage of a default or breach by the customer of any of its contractual or legal obligations shall not be interpreted as a waiver of the right to take advantage of this default or breach.
ARTICLE 14 - NULLITY OF A CLAUSE
Should any of the provisions of these general terms and conditions of sale be invalidated, this shall not invalidate the other provisions of the general terms and conditions of sale, which shall remain in force.
ARTICLE 15 - FORCE MAJEURE
In addition to those normally accepted by case law, the following are considered to be cases of force majeure and exempt the parties from the performance of their obligations without compensation for the duration of the event: total or partial strike, insurrection or war, bad weather, epidemics and pandemics, blockages of means of transport or supply for any reason whatsoever, earthquakes, fires, floods, governmental or legal restrictions in France or in any third country, blockage of telecommunications, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship.
If the force majeure event continues for more than three (3) months, the contract in question may be terminated ipso jure without compensation for either party.
ARTICLE 16 - APPLICABLE LAW, DISPUTE RESOLUTION
These terms and conditions of sale and use are governed exclusively by French law.
The parties will make their best efforts to find an amicable solution to their disputes.
All disputes relating to the formation or execution of a sale between professionals governed by these terms and conditions of sale fall within the exclusive jurisdiction of the Colmar Commercial Court, notwithstanding multiple defendants, appeals, warranty claims or summary proceedings.
