GENERAL TERMS AND CONDITIONS OF SALE OF PRODUCTS
ON THE LANDEMA.COM WEBSITE FOR CONSUMERS (INDIVIDUAL CUSTOMERS)
These general terms and conditions detail the rules applicable to the sale of Products offered by LANDEMA on the landema.com website (the "Site").
These general terms and conditions of sale apply to the exclusion of all other terms and conditions, in particular those applicable to sales in physical shops or by means of other distribution and marketing channels.
They are accessible on the landema.com website and shall prevail, where applicable, over any other version or any other contradictory document.
LANDEMA and the Customer agree that these general terms and conditions exclusively govern their relationship. They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.
It is specified that the purchase of Products is subject to the careful reading and prior acceptance of these General Terms and Conditions of Sale, which all Users undertake to respect.
Article 1 - Definitions
"Landema Address": Landema, 2760 route de Bélis, 40420 Le Sen, France.
"Boutique": refers to LANDEMA's physical boutique located at Le Sen (40420), 2760 route de Bélis;
"Customer": refers to a User holding an Account;
"Order": refers to the purchase of Products by the Customer on the Site via his/her Account;
"Account": refers to the space created via the Site, exclusively reserved for a User and allowing access to the purchase of Products;
"General Conditions of Use" or "GCU": refers to the general conditions of use of the Site which govern the relationship between LANDEMA and Users, with regard to access and/or use of the Site, to the exclusion of any other document;
"General Terms and Conditions of Sale" or "GTCS": means this document which governs the relationship between LANDEMA and Users with respect to the purchase of Products on the Site, to the exclusion of any other document;
"Order Confirmation": means the confirmation of the order made to the Customer by any appropriate means;
"Delivery Period" means the period between the date of Order Confirmation and the date of delivery of the Order to the Customer;
"Right of Withdrawal": refers to the right of each Customer to go back on their decision to purchase and place an Order, as detailed in Article 9;
"Product(s) Sheet(s)": refers to the descriptive sheet detailing the characteristics of the Product(s) marketed by LANDEMA and offered for sale on the Site;
"Delivery Costs": means the costs incurred by the Seller in bringing the Order to the Delivery address indicated by the Customer;
"LANDEMA": refers to the company LANDEMA, a simplified joint stock company with a single shareholder, with a capital of 500,000.00 euros, whose registered office is located at 2760 route de Bélis in Le Sen (40420), registered in the Mont-de-Marsan Trade and Companies Register under number 902 953 215, owner of the Site and holder, in particular, of the intellectual property rights relating thereto;
"Delivery Method": refers to any standard or express delivery method available on the Site at the time the Order is placed;
"Party(ies)": refers to LANDEMA and/or the Customer;
"Product(s)": refers to the product(s) marketed by LANDEMA and offered for sale on the Site;
"Customer Service": refers to the service (also commonly known as consumer service, after-sales service, SAV) accessible on +33 5 58 51 08 70, from Tuesday to Friday from 10am to 1pm and from 3pm to 6pm and on Saturday from 10am to 5pm, or at the following e-mail address: contact@landema.com or via the online form https://landema.com/nous-contacter which allows Users to have a contact person and to ask any questions they may have;
"Site": refers to the https://www.landema.com website;
"Territory": has the meaning given to this term in Article 4;
"VAT": refers to Value Added Tax;
"User" refers, unless otherwise stated, to any person accessing the Site directly or indirectly.
Article 2 - Content
The purpose of these General Terms and Conditions is to define the rights and obligations of the parties with regard to the online sale of Products offered by LANDEMA to the Customer via the landema.com website.
These GCS only apply to Orders placed on the Site. These General Terms and Conditions of Sale are supplemented by the General Terms and Conditions of Use of the Site, the Personal Data Protection Charter and the Cookie Management Charter.
These GTC must be read and accepted without reservation and are a condition of any Order.
To this end, the User must have full legal capacity to enter into these GTC for any Order.
Customers are informed of these GTC by clicking on the "General Terms and Conditions of Sale & Personal Data Protection Charter" tab located at the bottom of each page of the Site and, at the latest, on the Order form.
When placing an Order, the Customer is invited to read the General Terms and Conditions carefully and to accept them by ticking the box "I have read and accept the General Terms and Conditions of Sale" and by clicking on the "Order" button.
Clicking on "I have read and accept the Terms and Conditions of Sale" confirms that the Customer has read and accepted the Terms and Conditions of Sale in their entirety and agrees to be bound by them.
Article 3 - Products, precautions for use and usage
Customers are invited to follow the precautions for use indicated by LANDEMA on all its Products. The precautions for use are provided on the packaging of each of the Products as well as on each of the Product Sheets on the Site.
It is the Customer's responsibility to take note of the precautions for use before using the Products marketed and to respect them for each use.
LANDEMA cannot be held responsible for damage of any kind (material, immaterial or physical), which may result from the non-compliant use of the Products marketed on the Site.
Before placing an Order, the Customer may consult the Site to find out about the essential characteristics of the Products and the precautions and recommendations for use corresponding to each Product, in particular by consulting the Product Sheets.
In the event that the Customer wishes to obtain qualified advice on the Products for any use other than that provided for in the instructions for use, the Customer shall consult an appropriate specialist. For example, for use in aromatherapy, in particular for internal or pure use, they should consult an aromatherapist or their pharmacist.
In the event of a question about our Products, their method of manufacture or their composition, the Customer may contact Customer Service at the address given in article 1. LANDEMA makes every effort to respond within 24 hours, during the opening hours of Customer Service. The full response time to the request may be longer, depending on the nature of the information requested and the services to be involved.
The Customer understands and accepts that essential oils are, by virtue of their composition, very powerful concentrates of natural ingredients (such as plants, barks, etc.). It is therefore strongly recommended to carefully follow the recommended use for each of them and to respect the advice of a health professional. The information disseminated on the Site, on the Blog, Guide and social networks, or verbally by Customer Service, is written by qualified persons, taken from reference works on essential oils and aromatherapy or bibliographic summaries for educational and informative purposes, but in no way replaces the advice of an appropriate health professional, each case being unique, and cannot engage the responsibility of LANDEMA.
It is therefore expressly understood that LANDEMA in no way encourages self-medication. The Customer may not therefore rely on a lack of access to decisive information which could lead to a failure to assess the conditions relating to its Order.
Article 4 - Scope of application
These General Terms and Conditions of Sale are reserved solely for consumers, as defined by law and jurisprudence, acting exclusively on their own behalf and domiciled in mainland France (including Corsica) "the Territory".
In accordance with articles L. 111-1 and L. 111-3 of the French Consumer Code, the essential characteristics and prices of Products sold electronically are available on the Site.
These General Terms and Conditions of Sale apply to all sales of Products by LANDEMA via the Site.
The Customer declares that he/she has read and understood these General Terms and Conditions of Sale before validating the Order as defined in Article 6. Validation of the Order therefore implies acceptance without restriction or reservation of these General Terms and Conditions of Sale.
These General Terms and Conditions of Sale apply to Orders placed for delivery in mainland France (including Corsica).
Only persons who are legally responsible and capable of entering into contracts concerning the Products offered by LANDEMA may order on the Website. More specifically, and in application of article L.3342-1 of the French Public Health Code, all Customers must have reached the age of 18.
Article 5 - Prices
The price of Products sold on the Site is indicated by article and reference respectively.
The prices of Products sold on the Site are inclusive of all taxes and exclude additional costs (transport costs, customs duties, insurance).
At the time of Order Validation, the price to be paid is indicated on the Customer's Order summary screen and includes :
- The price of the Products chosen, including VAT but excluding additional costs;
- The amount of any discounts granted to the Customer;
- The amount of value added tax;
- The amount of transport and packaging costs.
Prices are stated and payable in Euros (€).
Any mention of Prices in currencies other than the Euro is given for information purposes only. It is the Customer's responsibility to find out, if necessary, the applicable exchange rate between the Euro and the currency of payment.
Telecommunication costs inherent in accessing the Site remain the sole responsibility of the Customer.
The period of validity of the offers and Prices is determined by the updating of the Site.
Article 6 - The Order
6.1 Any Order implies acceptance of these General Terms and Conditions of Sale, the General Terms and Conditions of Use and the Personal Data Protection Charter, without prejudice to any special contractual conditions that may have been agreed between the parties.
6.2 In order to place an Order on the Site, the Customer must complete the following steps:
- Select the Products of their choice and add them to their basket;
At any time, the Customer may :
- Obtain a summary of the Products they have selected by clicking on the basket.
- continue or modify their selection of Products
- Once all the Products have been selected, the Customer validates their basket;
- The Customer identifies themselves or creates an account if they have not already done so;
- The Customer enters their details (surname, first name, billing and delivery address, town, postcode, telephone number), which will be processed in accordance with Article 8 (delivery, delivery method) and Article 12 (protection & processing of personal data);
- The Customer then chooses their delivery method and an order form will appear on the screen, summarising: the nature, quantity and price of the Products selected by the Customer, as well as the total amount of the order, the delivery costs, the delivery time, the Customer's contact details and the delivery address for the Products;
- The Customer makes a secure payment request. The Customer must choose the method of payment with which they wish to make their payment in order to definitively confirm their order. It should be noted that by making an immediate payment by bank card, the User will automatically be transferred to the electronic payment server of the secure payment platform. This platform is secured by S.S.L. (Secure Socket Layer) encryption in order to protect all data linked to means of payment, and at no time will the Customer's bank details pass through LANDEMA's computer system. As soon as the Customer validates his/her payment, the order is recorded.
The order form will be recorded on LANDEMA's computer registers and will be considered as proof of the contractual relations between the Parties.
- The Customer will then receive an e-mail from LANDEMA confirming their Order.
The Customer will then have access to "order tracking" by clicking on "my account" and identifying himself by his e-mail address and password.
- The Customer will then receive a confirmation e-mail from LANDEMA informing them that their Order is being delivered.
Depending on the transport and the need, the carrier may contact the Customer.
It should be noted that any Customer may, having been asked for their telephone number when creating their account, request to be registered on the Bloctel telephone anti-solicitation list.
6.3 Before confirming their Order, Customers may check the details of their proposed Order and correct any errors. They may also modify or delete all or part of their basket before validating it.
The Order is formed when the Customer confirms his/her Order by clicking on the "Order" button, which is the stage of double consent.
The Customer shall be deemed to have knowingly accepted the content and conditions of the Order in question, and in particular (i) the General Terms and Conditions of Sale, (ii) the fact that their Order implies an obligation on their part to pay, (iii) the prices, volumes, characteristics, quantities and delivery times of the Products offered for sale and ordered by the Customer.
Once this stage has been validated, the Customer will no longer be able to cancel his/her Order. The sale will be final, subject to the Customer exercising his/her Right of Withdrawal under the conditions set out in Article 9.1 (Right of Withdrawal) of these GCS.
The Order Confirmation will be sent to the Customer by e-mail (the Customer is advised to keep the Order Confirmation e-mail as proof of the transaction), to the e-mail address provided by the Customer when creating his/her account, and may be accompanied by an order summary; it being specified that the latter is also accessible within the Customer's personal space on the Site. An e-mail will then be sent to the Customer when the Order is dispatched.
The sale will only be concluded once the Order has been confirmed and the payment has been validated by the bank concerned. The Order Confirmation e-mail signifies LANDEMA's acceptance of the Customer's Order and thus forms the distance selling contract between the parties.
LANDEMA will then send an Order dispatch e-mail to the Customer as soon as the Order has been dispatched in order to inform the Customer of the progress of the dispatch, and may provide the Customer with a link for the effective tracking of their Order. Once the Order has been dispatched, the paid invoice will be available in the Customer's "My Account" area of the Web site.
If the Customer has any questions, they may contact LANDEMA's Customer Service.
Finally, the Customer will receive the Products ordered by post or - depending on the option chosen - in a relay point at the address indicated when the Order was placed, or in the Shop.
6.4 LANDEMA reserves the right not to accept or to cancel any Order from a Customer in the following cases:
- total or partial unavailability of the Products ordered ;
- existing dispute(s) with the Customer, including in the event of total or partial non-payment of one or more previous Orders by the Customer;
- objective suspicion of fraud;
- refusal to authorise payment by banking organisations/partners, which must be done within seven (7) days of online payment in the case of credit card payments (or via a Paypal account if this function is available);
- Incorrect price due to an obvious computer bug (for example, a price of €0).
In any event, and in the event that Products are totally or partially unavailable after the Order has been placed, the Customer will be informed by e-mail as soon as possible of the unavailability of the Product and of the cancellation of his/her Order.
In the event of cancellation of the Order by LANDEMA :
- If the Customer has not already been debited, the Customer's Order will be cancelled without any consequences for the Customer;
- If the Product is out of stock, LANDEMA's Customer Service will contact the Customer as soon as possible to inform them of the cancellation of their Order and to find out if they wish to be reimbursed or if they would like LANDEMA to send them the Product(s) concerned as soon as they are available.
Article 7 - Terms of payment
Payment of the all-inclusive price by the Customer, i.e. the price including VAT of the Products plus delivery costs, is made solely by bank card (or via a Paypal account when this functionality is available). The bank cards accepted are those of the Carte Bleue, Visa, Eurocard / MasterCard networks.
The transaction is immediately debited from the Customer's bank card after verification of the card details, on receipt of debit authorisation from the company issuing the bank card used by the Customer.
In accordance with article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing his/her bank card details, the Customer authorises the Vendor to debit his/her bank card for the amount corresponding to the all-inclusive price as explained above.
To this end, the Customer confirms that he/she is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his/her own. The Customer communicates the sixteen digits and the expiry date of their bank card as well as, where applicable, the visual cryptogram numbers.
LANDEMA uses a secure payment provider and does not store the Customer's bank card details.
In the event that it is impossible to debit the price, the sale shall be immediately cancelled by operation of law and the Order shall be cancelled.
LANDEMA makes every effort to ensure the confidentiality and security of data transmitted on the Site.
Article 8 - Delivery of the Order
8.1. Delivery Method
The Customer chooses one of the Delivery Methods offered on the Site when placing the Order.
8.2. Delivery Address
The Customer shall choose a Delivery Address which must be located within the Territory, failing which the Order shall be rejected. The Customer shall be solely liable for any failure or delay in Delivery due to a lack of information or an error in entering information when placing the Order.
Any costs incurred for the reshipment of the Order due to an error in the information entered by the Customer when placing the Order shall be borne exclusively by the Customer.
The Customer may not have the Products delivered to a public place or a hotel. The Vendor reserves the right to refuse to honour any Order where the delivery address is a public place or a hotel.
8.3. Amount of Delivery Costs
The amount of the Delivery Charges depends on the Products ordered (potentially dangerous and/or flammable), the value of the Order and the delivery method chosen by the Customer. In any event, the amount of the Delivery Charges shall be indicated to the Customer prior to validation of the Order and shall be the Customer's responsibility.
8.4. Delivery times
Delivery times run from the date of Order Confirmation by LANDEMA.
The Delivery Time varies according to the product, and is indicated at the time of the choice of delivery.
The product is delivered within the time indicated on the Site.
If it is impossible to indicate a delivery time, the Product will be delivered within the legal time limit of 30 days after the Order has been confirmed.
8.5. Late delivery - Out of stock
8.5.1 Late delivery
An order that has not been received within 10 working days of order confirmation is considered to be late.
In the event of late Delivery, the Order will not be cancelled.
If the cause of the delay occurs before dispatch, LANDEMA will inform the Customer by e-mail that Delivery will be delayed. The Customer may then decide to cancel the Order by informing Customer Services as soon as possible, with written confirmation.
The Customer will be reimbursed for any sums debited within a maximum of fourteen days following receipt of the cancellation notice.
If the Order has already been dispatched, the carrier will inform the Customer directly of any delays or delivery problems, and the Customer will be able to track the dispatch via the link provided, which can also be accessed in the order tracking section of their Customer account. The Customer may cancel the Order by contacting Customer Services and refusing the parcel or returning it. The Seller shall then reimburse the sums debited and the return costs paid by the Customer, up to the amount of the initial delivery costs, within fourteen days of receipt of the return of the parcel refused in its entirety (due to delay) and in its original condition.
Landema may not be held liable for any consequences of late delivery.
8.5.2 Out of stock
Products sold on the Site are offered while stocks last. Stocks are updated in real time. Some Products are packaged to order. Errors are rare but possible (e.g. computer bugs, production problems).
Therefore, in the event of a Product ordered being out of stock, the Seller will contact the Customer by e-mail, post or telephone as soon as possible in order to inform the Customer and agree with the Customer:
- To postpone Delivery until the Product is restocked, where possible,
- To replace the Product with another equivalent in quality and price,
- cancel the order and refund the price paid.
8.6. Delivery tracking
The Customer may monitor the progress of the Order in the space reserved for this purpose on the Site.
8.7. Checking the Order on arrival
It is the Customer's responsibility to check the condition of the packaging and the Products upon Delivery.
It is the Customer's responsibility to make any reservations or complaints that they consider necessary, or even to refuse the parcel if the parcel is damaged on Delivery.
The Customer may, if he so wishes, ask the Carrier to return the parcel, which must be accompanied by a "spoliation report", a copy of which the Customer will keep.
The said reservations and complaints concerning the Carrier must be sent to LANDEMA within 48 hours of the Delivery of the Goods to the e-mail address contact@landema.com.
The Customer also undertakes to send a copy to LANDEMA of any document signed with the carrier or any letter sent to the carrier.
The Customer must also ensure that the Products delivered correspond to the Order.
In the event of non-conformity of the Products in kind (not conforming to the order summary) or in quality (not conforming to the technical specifications) the Customer must contact LANDEMA's Customer Service to be informed of the procedure to follow. Written confirmation of the complaint may be requested by registered letter with acknowledgement of receipt and the Products returned to the Landema address.
Article 9 - Returns and complaints
9.1 Withdrawal
9.1.1 Principle
In accordance with Articles L.221-18 et seq. of the French Consumer Code, for any Product Order, the Customer has a fourteen (14) day cooling-off period from the day following receipt of the Product in question, during which he/she may cancel all or part of his/her Order without having to give any reason for his/her decision or incur any costs other than the cost of returning the Product, which shall be borne by the Customer.
9.1.2 Exceptions
In accordance with legislative and regulatory provisions (art. L 221-28 of the French Consumer Code) and for health and safety reasons, the right of withdrawal may not be exercised in the following cases:
- The Product is a consumable product that has been opened and/or used (essential oils, vegetable oils, etc.);
- The Product and/or its packaging has/have been damaged, rendering it/them unfit for resale;
- Products that are likely to deteriorate or expire rapidly;
- Products which, after delivery and by their nature, are indissociably mixed with other products.
9.1.3 Procedures for exercising the right of withdrawal
To exercise its right of withdrawal, the Customer may use the standard withdrawal form (available in appendix 2 of these GTC) or any other means (plain paper) stating its unambiguous decision to withdraw and send it to LANDEMA before the expiry of the aforementioned period of fourteen (14) days by email to contact@landema.com.
LANDEMA acknowledges receipt of the Customer's request for withdrawal by email.
9.1.4 Return of Products
In accordance with the provisions of article L221-23 of the French Consumer Code, the Customer must return the Product no later than fourteen (14) days following the communication of its decision to withdraw. The Customer must return the Product in accordance with the conditions set out below.
The cost of returning the Products shall be borne by the Customer. The transport of Products returned in this way is the responsibility of the Customer.
9.1.5 Refunds
The return of all Products ordered will result in a refund equal to the total amount paid by the Customer, i.e. the purchase price of the Product(s) and any initial delivery costs (return costs are the Customer's responsibility). If the amount of the original Order has enabled the Customer to obtain a benefit (free delivery costs, gifts, etc.), the returned Products may be reimbursed subject to deduction of the corresponding benefits.
The refund will be made within a maximum period of fourteen (14) days from receipt of the Product by LANDEMA following the Customer's request to exercise the Right of Withdrawal.
The refund will be made by the same means of payment as that used by the Customer for their Order, unless the Customer expressly authorises LANDEMA to make the refund by another means of payment.
In the event of a problem with the Product, apart from exercising its Right of Withdrawal, the Customer may return the Product to LANDEMA. Before doing so, the Customer must contact Customer Service to find out the applicable terms and conditions and how to return the Product correctly.
9.2 Complaints - Non-conformities - Quality Returns
For Products that have been unsealed and/or used, LANDEMA reserves the right not to accept the return and refund of the Products.
The Customer must contact LANDEMA Customer Service (see contact details in article 1).
The Customer Service will return to the Customer to give instructions if the return of the Product(s) is necessary for analysis and acceptance.
The Customer will have to provide a certain amount of information in support of his request and in particular: the date of receipt of the Product, the date on which it was opened, the batch number appearing on the label as well as the use-by date and a precise description of the problem encountered, including photos and any other relevant form of evidence.
If the product is found to be faulty by our Quality Department, a refund or exchange will be offered to the Customer.
Article 10 - Warranties
All warranty claims must be sent to Customer Services:
- by post to : LANDEMA Customer Service, 2760 Route de Bélis 40420 LE SEN
- by e-mail: contact@landema.com
- on our website via our contact form https://landema.com/nous-contacter
The provisions relating to legal and commercial warranties are only applicable once the Order has been paid in full.
Any request to invoke the guarantee of conformity or the guarantee against hidden defects must be accompanied by photographs and a description justifying the complaint made by the Customer and thus enabling LANDEMA to make the necessary observations.
10.1 Legal warranties
The Customer is informed that the products sold on the Site are subject to the legal guarantee of conformity provided by articles L217-4 et seq. of the French Consumer Code and to the guarantee against hidden defects provided by articles 1641 et seq. of the French Civil Code, independently of any commercial guarantee that may be granted by the manufacturer.
In the context of the implementation of the legal guarantee of conformity, it is recalled that :
- the Customer has a period of 2 years from delivery of the goods in which to take action;
- the Customer may choose between repairing or replacing the good, in accordance with the provisions of article L. 217-9 of the French Consumer Code, subject to the conditions of cost;
- the Customer is exempted from having to prove the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.
If it is impossible to replace or repair the Product within thirty (30) days of the Customer's request in accordance with the conditions set out in articles L 217-9 and L 217-10 of the French Consumer Code, LANDEMA will reimburse the Customer in full (purchase price and any delivery costs) upon return of the Product.
The cost of repair or delivery of another Product will be borne by LANDEMA.
In addition, you are reminded that :
- the legal guarantee of conformity applies independently of the commercial guarantee provided below;
- the Buyer may decide to invoke the warranty against hidden defects in the item sold within the meaning of article 1641 of the French Civil Code. In this case, the Customer may choose between rescinding the sale or reducing the price in accordance with article 1644 of the French Civil Code.
The Customer may decide to invoke the warranty against hidden defects in the item sold within 2 (two) years of discovery of the defect and within 5 (five) years of delivery of the Product.
It is up to the Customer to prove that the defect existed before delivery of the Product and was not apparent at the time of delivery, by means of an expert opinion for example, it being understood that the Customer is solely responsible for the conservation of the Products from the day of their delivery and that LANDEMA cannot be held liable for any direct or indirect damage caused by the fault of the Customer, in particular consumption or use beyond the use-by date indicated on the Products concerned.
If the existence of a hidden defect is proven, LANDEMA, depending on the Customer's choice, undertakes, after evaluation of the defect :
- Either to refund the full price of the Product returned to LANDEMA,
- Or to refund part of the price of the Product if the Customer decides to request this.
10.2 Commercial warranty
Certain Products offered for sale also benefit from a commercial warranty granted by the manufacturer. Where applicable, the extent and duration of this warranty will be indicated on the Product Data Sheet, as well as in a warranty notice supplied with the Product on delivery. The implementation of the commercial warranty does not deprive the Customer of the provisions relating to the legal warranties set out in Appendix 1.
The Customer is expressly informed that LANDEMA is not the producer of all of the products presented within the meaning of law no. 98-389 of 19 May 1998 relating to liability for defective products.
10.3 Exclusion of warranties
The warranty does not cover Products modified, repaired, integrated or added by the Customer or any other person not authorised by LANDEMA. The warranty shall not apply to apparent defects. The warranty will not cover Products damaged during transport or misuse.
Article 11 - Liability and force majeure
LANDEMA cannot be held liable if the Customer does not comply, in whole or in part, with the GTC, or in the event of an act of a third party or in the event of force majeure.
The information accessible on the Site is provided "AS IS" without guarantee of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or exhaustiveness of the information, Products, accessories or services appearing on the Site or their suitability for the use that the Customer intends to make of them.
LANDEMA declines all responsibility for direct or indirect damage, material or immaterial, whether foreseeable or not, caused by the use of the Site. In the event that LANDEMA's liability should be established and/or retained as a result of damage suffered by the Customer and attributable exclusively to the placing of an Order, such liability shall be limited to the amount of the Order paid by the Customer to LANDEMA. In general, LANDEMA may under no circumstances be held liable for any failures in the services of carriers. Similarly, LANDEMA's liability under the obligations of these GCS may not be incurred in the event of any damage resulting from the use of the Internet network such as a virus, intrusion, loss of data, or disruption of Internet service.
Any claim filed by a Customer, including any Customer or User, against LANDEMA must be filed within 6 (six) months of the occurrence of the event that is the subject of the claim.
LANDEMA declines all responsibility for any breach of any of its contractual obligations in the event of a case of force majeure as defined by article 1218 of the French Civil Code and related case law.
Article 12 - Personal data and cookies
12.1 Cookies
When the User browses the Site, the latter may place "cookies", very simple text files, on the computer or other medium connected to the Site. To find out more, consult our cookies charter.
12.2 Personal data
The data collected via the Site's forms or when placing an Order or any other request related to an Order is processed automatically. The User may consult the page dedicated to the protection of personal data by LANDEMA.
Article 13 - Transfer of ownership
The Products become the property of the Customer upon validation of the Order and full payment of the Price.
The Products ordered travel at the Customer's own risk, and it is the Customer's responsibility, if necessary, to make any claim against the transport and delivery services in the event of theft, loss or any other inconvenience affecting the Product delivered.
Article 14 - Intellectual property
The Site is the entire and exclusive property of LANDEMA. The Site and all of its content, including text, still or animated images, databases, programs, etc., are protected by copyright. LANDEMA owns and/or is authorised to use all the rights relating to the logos, trademarks, distinctive signs, texts, illustrations, photographs, images and videos as well as the databases and software used in the operation of the Site.
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 prior written consent of LANDEMA 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 15 - Extended producer responsibility
LANDEMA is subject to the principle of EPR or extended producer responsibility and its unique identifier is FR289727_01PCCR.
Article 16 - Non-waiver and independence of clauses
The fact that LANDEMA does not exercise all or part of its rights with respect to a User, by virtue of these GCS, does not constitute a waiver of its subsequent exercise. If any of the clauses of the GTC were to be declared null and void or inapplicable for any reason whatsoever, the other clauses would nevertheless remain in force.
Article 17 - Language of the contract
These GCS are drawn up in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
Article 18 - Modification of the GTC
LANDEMA reserves the right to modify and update the content of the GTC at any time without prior notice, at its sole initiative. The provisions of these GTC will continue to apply to orders and sales made prior to their modification and the modified GTC will apply to any order made after the date on which the modified GTC take effect.
In order to be informed of these possible modifications, LANDEMA recommends that Customers reread the GTC when placing an Order on the Site. Each Order gives rise to acceptance of the GTC, it being specified that the Order will be subject to the GTC in force at the time of the Order.
Article 19 - Applicable law and jurisdiction
These GCS are governed by French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and formal rules, regardless of the Customer's country of residence and/or the place where the Order is placed, and LANDEMA may not be held liable for damages of any kind (material, immaterial or physical) which may result from the improper use of the Products sold.
The Customer is hereby informed of the possibility of having recourse, in the event of a dispute, to a conventional mediation procedure or any other alternative dispute resolution method.
Thus, in all cases, including if the Customer is not satisfied with the response provided by LANDEMA's Customer Service, or in the absence of a response or agreement reached between the User and LANDEMA, the Customer is informed of the possibility of resorting, in the event of a dispute relating to these General Terms and Conditions of Sale, to a conventional mediation procedure or any other alternative dispute resolution method.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, LANDEMA adheres to the FEVAD (Fédération du e-commerce et de la vente à distance) Consumer Mediation Service, whose contact details are as follows: Médiateur de la consommation FEVAD - BP 20015 - 75362 PARIS CEDEX 8 - https://www.mediateurfevad.fr.
After prior written representations by consumers to LANDEMA, the Mediation Service may be contacted for any consumer dispute which has not been settled. For information on how to contact the Mediation Department: www.mediateurfevad.fr/index.php/espace-consommateur/.
They may also submit the dispute to the European "Online Dispute Resolution" (ODR) platform accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm.
In the absence of an amicable settlement, any dispute relating to the existence, interpretation, performance or breach of the contract concluded between LANDEMA and the Customer, even in the event of multiple defendants, will, in the absence of an amicable agreement, fall within the exclusive jurisdiction of the competent French courts in application of the rules laid down by the French Code of Civil Procedure.
Version updated on 24 February 2024
APPENDIX 1 - Provisions relating to legal guarantees
Reproduction of art. L. 217-4, L. 217-5, L. 217-9, L. 217-10, L. 217-12, L. 217-16 of the French Consumer Code.
- Art. L 217-4 of the Consumer Code
"The goods conform to the contract if they meet the following criteria, where applicable:
1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for in the contract;
2° It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of conclusion of the contract and accepted by the latter;
3° It is delivered with all the accessories and installation instructions that must be supplied in accordance with the contract 4° It is updated in accordance with the contract."
- Art. L 217-5 of the French Consumer Code
"I.- In addition to the criteria for conformity with the contract, goods are considered to be in conformity if they meet the following criteria:
1° It is fit for the use normally expected of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it possesses the qualities that the seller has presented to the consumer in the form of a sample or model, prior to the conclusion of the contract;
3° Where applicable, the digital elements it contains are provided in the most recent version available at the time the contract is concluded, unless the parties agree otherwise;
4° Where applicable, it is delivered with all the accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5° Where applicable, it is supplied with the updates that the consumer may legitimately expect, in accordance with the provisions of article L. 217-19 ;
6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the goods as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.
II - However, the seller is not bound by any of the public declarations mentioned in the previous paragraph if he can demonstrate :
1° That he was not aware of them and could not legitimately have been aware of them ;
2° that at the time the contract was entered into, the public declarations had been corrected under conditions comparable to the initial declarations; or
3° That the public statements could not have influenced the decision to purchase.
III - The consumer may not contest the conformity of the goods by invoking a defect relating to one or more particular characteristics of the goods, which he was specifically informed deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately agreed when the contract was concluded."
- Article L 217-9 of the Consumer Code
The consumer is entitled to demand that the goods conform to the criteria set out in sub-section 1 of this section.
The consumer shall ask the seller to bring the goods into conformity, choosing between repair and replacement. To this end, the consumer shall make the goods available to the seller.
- Article L 217-10 of the Consumer Code
The goods must be brought into conformity within a reasonable period of time, which may not exceed thirty days following the consumer's request and without any major inconvenience for the consumer, taking into account the nature of the goods and the use intended by the consumer.
The repair or replacement of non-conforming goods includes, where applicable, the removal and return of the goods and the installation of the repaired or replacement goods by the seller.
A decree shall specify the terms and conditions for bringing the goods into conformity.
- Art. L 217-12 of the Consumer Code
"The seller may not proceed according to the choice made by the consumer if the compliance requested is impossible or entails disproportionate costs with regard to, in particular:
1° The value that the goods would have if there were no lack of conformity ;
2° the significance of the lack of conformity; and
3° the possibility of choosing the other option without major inconvenience to the consumer.
The seller may refuse to bring the goods into conformity if this is impossible or would entail disproportionate costs, particularly with regard to 1° and 2°.
If these conditions are not met, the consumer may, after formal notice, pursue compulsory performance in kind of the solution initially requested, in accordance with articles 1221 et seq. of the Civil Code.
Any refusal by the seller to proceed according to the consumer's choice or to bring the goods into conformity shall be justified in writing or on a durable medium."
- Art. L 217-16 of the French Consumer Code
"In the cases provided for in article L. 217-14, the consumer shall inform the seller of his decision to cancel the contract. He shall return the goods to the seller at the latter's expense. The seller shall reimburse the consumer the price paid and return any other benefit received under the contract.
If the lack of conformity relates only to certain goods delivered under the contract of sale, the consumer has the right to rescind the contract in respect of all the goods, even those not covered by this chapter, if he cannot reasonably be expected to agree to keep only those goods which are in conformity.
For contracts mentioned in II of article L. 217-1, providing for the sale of goods and, on an ancillary basis, the provision of services not covered by this chapter, the consumer is entitled to have the entire contract rescinded. In addition, in the case of a bundled offer within the meaning of article L. 224-42-2, the consumer has the right to rescind all related contracts.
The respective obligations of the parties to the contract, referred to in article L. 224-25-22 and relating to the consequences of termination for digital content and digital services, are applicable to termination of the contract for the sale of a good containing digital elements."
Reproduction of articles 1641 and 1648, paragraph 1 of the French Civil Code.
Art. 1641 of the Civil Code
"The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the Buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them.
Art. 1648 paragraph 1 of the Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
APPENDIX 2 - Withdrawal form
By post: ATTENTION DE LANDEMA - SERVICE CLIENTS - 2760 ROUTE DE BELIS - 40420 LE SEN - FRANCE
Or by e-mail to contact@landema.com
I(*)/We(*), (surname and first name), hereby inform you of my(*)/our(*) withdrawal from the contract for the purchase of Products from LANDEMA and/or Gift Card(s)(*) below:
- ________________________
- ________________________
- ________________________
Order number : _______________________
Ordered on _______/_______/_______
Received on:______/______/______
Our address:
______________________________________________________________________________________________________________________________________________________________________________________
Our e-mail address : __________________________________________________________________________
Date : ______/______/______
Signature, if this form is submitted on paper
(*) Delete as appropriate
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