These General Terms and Conditions (hereinafter the "Terms") apply to any purchase you make as a natural person (hereinafter "Customer") on the website www.lancaster.fr (hereinafter the "Website") from LANCASTER, who is a limited-liability company with a capital of 250 000 euro, registered with “Registre du Commerce et des Sociétés de Bobigny “, identification number B 387 651 565, whose head office is located at 14 rue Auber, 75009 Paris, France, phone number +33 (0)9 70 72 88 90 (hereinafter "LANCASTER").
These Terms govern the sale of LANCASTER products available on the Website (hereinafter the "Products") by LANCASTER to its Customers; from the moment the Customer orders the products on the aforementioned Website and pays, up to the delivery to the Customer. All products are listed on the Website. LANCASTER does not sell products that are not listed on the Website, and does not distribute printed catalogs. The Customer is clearly informed and recognizes that the site is aimed at consumers, and that professionals should contact the LANCASTER sales department to benefit from specific contractual conditions.
2. ACCEPTANCE OF THE TERMS
The Customer must read these Terms and accept them, before proceeding to the payment of an order for Products placed on the Website. The Terms are referenced at the bottom of each page via a hyperlink and must be read before clicking the button "Continue to Payment" to place the order. The Customer is prompted to read carefully, download, print the Terms and retain a copy.
LANCASTER advises the Customer to read the Terms for each new order; the latest version of these Terms applies to all new orders for Products.
By clicking "Continue to Payment" to place the order, and then on the "Continue" button to confirm the aforementioned order, the Customer acknowledges having read, understood and accepted the Terms without limitation or conditions.
3. CREATION OF AN ACCOUNT - PURCHASE OF PRODUCTS ON THE WEBSITE
In order to buy a Product, the Customer must be at least 18 years old and have legal capacity.
The Customer will be invited (if not yet registered) to create an account on the Website by filling out the registration form available on the Website. The asterisk (*) indicates required fields that must be completed for the Customer's order to be processed by LANCASTER. Before creating an account, the Customer must read and accept LANCASTER’s data protection charter and Terms, available at the bottom of each page of the Website via a hyperlink ("Legal Notice").
During the registration process, the Customer can agree to receive promotions from LANCASTER by checking the box provided for this purpose.
Once registered, the Customer can track his order free of charge, at any time, by logging on his account on the Website. The Customer can check the status of his order, and whether the order was shipped and delivered. The delivery tracking system is performed using the online tracking system of the carrier.
Customers may also contact the LANCASTER sales department anytime by e-mail at firstname.lastname@example.org to obtain information on the status of their order.
The information provided by the Customer to LANCASTER when creating an account or when placing an order must be complete, accurate and up-to-date. LANCASTER reserves the right to ask the Customer to confirm, by any appropriate means, his identity, eligibility and all disclosed information.
4.1. PRODUCTS CHARACTERISTICS
LANCASTER strives to present as clearly as possible the main features of Products through the information available on the Website, as well as the required information which the Customer must receive according to the applicable law through these Terms.
Therefore, the Customer agrees to read them carefully before placing an order on the Website.
LANCASTER reserves the right to modify the selection of Products available on the Website, especially according to the constraints related to its suppliers.
The photographs are presented for informational purpose only and do not have contractual value.
Unless expressly stated otherwise on the Website, all products sold by LANCASTER are brand new and comply with current European legislation and French standards.
4.2. ORDERING PROCESS
Product orders are directly placed on the Website. To place an order, the Customer must follow the steps below (please note, however, that depending on the homepage of the Customer, the steps may differ slightly).
4.2.1. Product Selection and purchase options
The Customer must select one or several Product(s) of his choice by clicking on the Product(s) in question and choosing the color and the desired quantity (up to five (5) identical Products can be purchased simultaneously). A product description (with the main characteristics of the product, etc.) will be available to the Customer on the Website.
Once the Product is selected, the Product is placed in the Customer’s cart. The Customer may add to as many Products as he wishes to his cart.
Once the Products are selected and placed in the cart, the Customer must click on the cart, and check that his order is correct. If the Customer has not yet logged in or is not registered, he will be invited to do so.
Once the Customer has approved the contents of the cart, and once he has logged in or created an account, an automated online form summarizing the price, the applicable taxes and the shipping costs, if applicable, will be displayed for the Customer.
The Customer should check the contents of the order (including the quantities and the references of the ordered Products, the billing address, the payment method and the price) before clicking on the button "Finalize my order".
Proceeding to the payment of the Products is the next step, the Customer must follow the instructions on the Website in order to make a secure payment and provide all the necessary information for the billing and delivery of the Products.
Concerning the Products for which options are available, these specific references appear when the right options have been selected.
The placed orders must include all necessary information which is required to proceed to the order in the approved manner.
The Customer must also specify the delivery method chosen by selecting it in the third step “Choice of carrier”.
4.2.3. Order Confirmation
Once all the above steps have been completed, a page will appear on the Website in order to confirm the Customer's order. A copy of the order confirmation will be automatically sent to the Customer by e-mail, provided that the e-mail address listed through the registration form is correct. LANCASTER will not send order confirmation by mail or fax.
During the ordering process, the Customer shall enter all information necessary for billing (the asterisk (*) indicates required fields that must be filled out for the Customer's order to be processed by LANCASTER). The Customer must clearly indicate all information related to the delivery, in particular the exact address of delivery, as well as any possible access code to the delivery address.
The Customer shall then specify the payment method chosen and give their banking information before clicking the button "Finalize my order".
Neither the purchase order that the Customer establishes online, nor the order confirmation sent by e-mail by LANCASTER, constitute and represent an invoice. Whatever the order mode or the payment method used, the Customer will receive the original invoice when receiving the Products, inside the package.
LANCASTER retains an electronic copy of each invoice.
4.3. DATE OF ORDER
The date of order is the date LANCASTER acknowledges online the reception of the order. The delivery and processing time indicated on the Website are only in effect from that date.
For all Products, the Customer will find on the Website prices displayed in euro, they include tax as well as the applicable shipping fees (depending on the package weight but excluding gifts wrapping, on the delivery address, and on the carrier or the chosen transportation means). Prices include in particular the value added tax (VAT) at the rate in force on the date of order. Any change in the applicable rate may impact the price of the Products starting on the day that the new rate has come into force. The VAT rate is a percentage of the value of the Product sold.
Prices of LANCASTER’s suppliers are subject to change. As a result, prices indicated on the Website may be impacted and change. They can also be modified in case of special offers or sales.
Indicated prices are valid, unless a substantial mistake was made. The applicable price is that indicated on the Website on the date the order is placed by the Customer.
4.5. AVAILABILITY OF PRODUCTS
Depending on the Product in question, LANCASTER uses “just-in-time” stock management. Therefore, according to the situation, the availability of Products depends on LANCASTER’s stocks.
LANCASTER is committed to fulfill all received order, provided that the Products are in stock.
The unavailability of a Product is usually indicated on the page of the Product in question. Customers can be informed of restocking for this particular Product by clicking on the button "Be notified when this product is available again" (provided the Customer is logged onto his account).
If the unavailability was not specified at the time of order, LANCASTER commits itself to inform the Customer immediately if the Product is unavailable. LANCASTER may, at the request of the Customer:
- propose to ship all products at the same time as soon as out-of-stock Products will be available again, or
- first carry out a partial shipment of the available Products, then ship the rest of the order when other Products are available, subject to clear information about additional shipping charges that may be incurred, or
- propose an alternative Product of equivalent quality and price, which must be accepted by the Customer.
If the Customer decides to cancel his order for Products that are not available, the sum of money paid for the unavailable Products will be promptly refunded to him, no later than thirty (30) days following the date of payment.
5. RIGHT OF WITHDRAWAL
In accordance with regulations stipulated by the law, the Customer has fourteen (14) days from the date of delivery of the Products to exercise his right of withdrawal without justification or penalties, with the exception of the cost of the return postage. This right of withdrawal may be exercised for one (1) or several Products, provided that the returned Products are undamaged, should not be wore, still in their original packaging, complete and in the same condition as when they were delivered.
When the deadline for exercising the right of withdrawal expires on a Saturday, Sunday or a holiday, it is extended until the first following working day. The Customer will be refunded as soon as possible, and no later than thirty (30) days following the date on which he exercised his right. The refund will be made via the same payment method used to purchase the Products (bank transfer or PayPal) and will correspond to the total amount paid for the returned Products, taxes and shipping included, except the cost of return postage for the Products in question, which will be at the expense of the Customer. If the returned Product is an alternative Product, the cost of return postage for the Product in question will be at the expense of LANCASTER.
6.1. PAYMENT METHOD
Customers can pay for their Products on the Website in several ways:
credit Card (Visa, MasterCard or American Express), or
through PayPal, a secure payment method.
When selecting a payment method, the Customer will be requested to enter his credit card informations. Our website is secure.
The Customer guarantees LANCASTER that he has all the permissions required to use the payment method selected.
By giving his credit card number, the Customer authorizes the Website bank to debit the total amount of the order (taxes and shipping included, if applicable).
LANCASTER will take all necessary measures to ensure the security and confidentiality of the data transmitted online through the online payment process on the Website.
6.2. DATE OF PAYMENT
In case of one sole payment by credit card, the Customer's bank account will be debited from the date the order was placed on the Website.
In case of partial delivery, the total amount will be debited from the Customer’s bank account at the earliest when the first package is shipped. If the Customer decides to cancel his order for non-available Products, the refund will be made in accordance with the last paragraph of Section 4.5 of these Terms.
6.3. DELAY OR DENIAL OF PAYMENT
In the event that transmission of the flow of money owed by the Customer is impossible, for any reason whatsoever; payment stop, denial of payment or others, the order and the sale will be canceled automatically.
7. EVIDENCE AND ARCHIVING
The Customer acknowledges that the ordering process and these Terms are finalized online and constitute an "electronic contract" between the Customer and LANCASTER.
LANCASTER agrees to store this information in order to monitor transactions and produce a copy of the contract at the request of the Customer.
Therefore, the Customer undertakes, in accordance with the lawful principles governing electronic contracts, not to question the contract simply because it has been archived electronically by LANCASTER. In case of dispute, LANCASTER will be able to prove that the electronic tracking system is reliable and it guarantees the integrity of the transaction.
8. TRANSFER OF OWNERSHIP
LANCASTER is the owner of the delivered Products until full payment by the Customer. The above provisions do not prevent that, at the time of the delivery of the Products, the risk of loss or damage of the Products, subject to the ownership provisions, and the risk of damage they can cause, will be transferred to the Customer.
9.1. SHIPPING AND TRANSPORT
All items sold on the Website are only delivered in Metropolitan France, Belgium, Luxembourg, UK, Finland, Denmark, Sweden, Austria, Germany, Italy, Portugal, Spain, Netherlands, Ireland, Norway
Each morning, Monday through Friday, a statement of all orders placed online on the Website is established. LANCASTER will prepare and send the same day all the orders placed before noon.
LANCASTER informs its Customers hereby that this preparation time excludes weekends or public holidays.
An e-mail will be automatically sent to the Customer at the time of dispatch and shipping of the Products, provided that the e-mail address in the registration form is correct.
LANCASTER offers one carrier :
Colissimo (Belgium, Luxembourg, UK, Finland, Denmark, Sweden, Austria, Germany, Italy, Portugal, Spain, Netherlands, Ireland, Norway) :
The parcel will be delivered against a signature from you, upon presentation of proof of identity. The average delivery time is 3 to 4 working days, from the day your package is supported and handled by the carrier's network. The delivery can be extended by 48 hours during special operations.
Price: 8 euro for all orders less than 99 euro. Shipping is offered for all orders greater than or equal to 99 euros. Except for Finland, 15 EUR for all orders.
DHL (Belgium, Luxembourg, UK, Finland, Denmark, Sweden, Austria, Germany, Italy, Portugal, Spain, Netherlands, Ireland, Norway) :
The parcel will be delivered against a signature from you, upon presentation of proof of identity. The average delivery time is 1 to 3 working days, from the day your package is supported and handled by the carrier's network. The delivery can be extended by 48 hours during special operations.
Price: Depends of the country of expedition
Products will be packaged in accordance with existing shipping standards, to ensure maximum protection for products during shipment. Customers must meet the same standards when returning Products.
LANCASTER reserves the right to refuse a Product that has not been returned in its original packaging.
11.1. WARRANTY AGREEMENT
LANCASTER guarantees the Customer, in case of purchase on the Website directly from LANCASTER, that the Product will be free from defects in material or workmanship, under normal use, for one (1) year from the date of original purchase on the Website. This limited warranty is only available to the original purchaser, is not transferable, excludes all accessories and is only valid in the country of original purchase.
This limited warranty covers only defects in material and workmanship under normal consumer use, and does not apply in case of damage to the product resulting from degradation, a tear, an accident, misuse, abuse, neglect, damage caused by sand or liquids, shock or poor storage conditions.
First the Customer must contact LANCASTER by e-mail at email@example.com, stating the invoice number and his contact information. LANCASTER will contact the Customer, who will be asked to return the defective Product in its original packaging with all original documents, at his own expense. LANCASTER will inspect the Product.
If, after inspection by LANCASTER, and provided that the failure occurred under normal use within one year following the date of original purchase, the product proves to be defective, LANCASTER will repair the Product or will replace any defective product (or part of the product) by a new or repaired Product (or part of the Product).
The exchanged Product is covered by this warranty for the remainder of the warranty period of the original Product.
11.2. WARRANTY OF CONFORMITY
According applicable law, the warranty agreement above does not deprive the Customer from the legal guarantee provided by the articles of the Consumer Code and by the Civil Code as described below.
The seller is obliged to deliver a product complying with the contract and is liable for defects of conformity existing at delivery. The seller is also liable for the lack of conformity resulting from the packaging, from the assembling instructions, or from the installation instructions when it is stated in the contract that the Customer is responsible for installing the Product.
To comply with the contract, the Product must comply with the expected use of a similar product, must correspond to the written description given by LANCASTER on the Website, and must have the qualities that a buyer might reasonably expect given the public statements of the seller, the producer or his representative, including in advertisement and on labels.
The photographs are presented for information only and have no contractual value.
Any action resulting from lack of conformity must be attempted within two (2) years from the issuance of the Product.
In case of lack of conformity, the Customer may request either the replacement or repair of the Product, according to the option he chooses. However, if the cost of the Customer's choice is clearly disproportionate compared to the other option, given the value of the Product or the size of the defect, LANCASTER will be allowed to process a refund without complying with the option chosen by the Customer.
11.3. WARRANTY OF HIDDEN DEFECTS
LANCASTER is required to guarantee hidden defects in the Product sold which render it unfit for the intended use, or which decrease its use to the point where the Customer would not have acquired it or the Customer would only have given a lower price if he had known about those hidden defects.
This warranty allows the Customer, who can prove the existence of a hidden defect, to choose between receiving a full refund for the product if it is returned and a partial refund if the product is not returned.
The action resulting from hidden defects must be attempted by the Customer within two (2) years from the discovery of the defect.
LANCASTER will be responsible for direct damages caused to the Customer due to the order or the purchase of Products on the Website.
LANCASTER does not control the websites that are directly or indirectly linked to the Website, consequently, it excludes all liability for information published therein. Links to third party websites are provided for information only and no warranty is given as to their content.
13. PERSONAL DATA
On the Website, LANCASTER collects personal data about its Customers, including through cookies. Customers can disable cookies by following the instructions provided by their browser.
The data collected by LANCASTER are used in order to process orders placed on the Website, to manage the Customer's account, to analyze orders and to fight against credit card fraud. The Customer can also choose the option to have LANCASTER send to him commercial prospecting letters and e-mails, newsletters, promotional offers and / or information about special sales, unless the Customer does not wish to receive such communications from LANCASTER. Customers may unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of every offer received by e-mail.
The data can be disclosed, in whole or in part, to LANCASTER’s service providers who are dealing with order processing, to the Customer Service and to LANCASTER’s general management.
Customers are also advised that, in the context of the fight against Internet fraud, an audit will be conducted by banks and credit card agencies via the PayPal system. PayPal SARL & Cie, SCA is responsible for the conservation and automatic processing of information for all orders, including credit card details, in a secure environment.
Concerning the processing operations performed by PayPal, Customers can exercise their right of access, rectification, opposition or objection (for legitimate reasons) and deletion of their personal data by sending a letter with proof of identity to the following address: PayPal SARL & Cie, SCA ("PayPal Europe") 22-24 Boulevard Royal L-2449 LUXEMBOURG (telephone +352-27 302 143).
For commercial purposes, LANCASTER may transfer to its trading partners the names and contact information of its Customers, provided that they have given their prior consent upon registration on the Website. LANCASTER will specifically instruct Customers if they want their personal data to be disclosed, they may change their mind at any time by changing the option on the Website or by contacting the sales department of LANCASTER.
LANCASTER can also ask their Customers if they wish to be contacted by business partners for commercial purposes.
The Customer has a right of access, rectification, opposition (for legitimate reasons) and deletion of personal data. He may exercise this right by sending an e-mail at: firstname.lastname@example.org.
14. INTELLECTUAL PROPERTY
All visual and sound elements of the Website, including the underlying technology used, are protected by copyright, trademark law and / or patents. These elements are the exclusive property of LANCASTER.
Anyone who publishes a website and wishes to create a direct hyperlink to the Website must request LANCASTER’s permission in writing. This authorization given by LANCASTER will in no case be granted permanently. This link must be removed at the request of LANCASTER.
Hyperlinks to the Website that use techniques such as framing or by inserting hyperlinks (in-line linking) are strictly prohibited.
15. VALIDITY OF THE TERMS
Any change in the legislation or current regulations, or any decision of a competent court invalidating one or more provisions of whole or part of these Terms shall not affect the validity of these Terms. Such amendment or decision authorizes in no way any Customers to disregard the present Terms.
All conditions not specifically addressed herein shall be governed in accordance with customs of the trade sector dealing with individuals, for companies whose headquarters are located in France.
These Terms apply to all purchases made online on the Website, as long as the Website is available online. The Terms are precisely dated and may be amended and updated by LANCASTER at any time. The applicable Terms are those in effect at the time of ordering. Changes to the Terms shall not apply to products already purchased.
17. JURISDICTION AND APPLICABLE LAW
These Terms as well as the relationship between the Customer and LANCASTER are governed by French law.
Any dispute shall be subject to the jurisdiction of the courts according to the place of residence of the Customer, or if the Customer takes action against LANCASTER, either in the courts of the Customer’s place of residence, or in the courts of the place where LANCASTER’s principal business is located at, depending on the Customer’s choice.