Terms and conditions
1. About us
www.leywess.com is a website that is used by leywess.com (official website). Leywess is a joint stock company with capital of 15 000 euros. We are registered in France in SCR Annecy under the number 819182403. Our registered office is at 437, route des Plants – 74330 POISY - FRANCE. Our email address is: email@example.com.
2. Our services
We accept orders of consumers physical people of the countries we serve (See the page concerning information on our deliveries and countries served by Leywess company.
3. About You
By pacing an order on our website, you warrant that you are 18 years old and that you live in a country served by Leywess website and you can enter into a contract committing yourself.
4. Agreement between you and us
4.1. After the order, you receive an email from us indicating that We have received your order. We do our best to update the product offering on the website according to the state of stocks. However for the logistical reasons, all orders are subject to verification after conducting the audit of our stocks. This confirmation will be indicated by email from us informing you of the product (the confirmation of consignment note). Order confirmation worth signing and acceptance of transactions. However if a product was not in stock, we will notify you by email of the cancellation of the order and will be refunded promptly. The contract signed between You and Us will be effective only when we address the confirmation of expedition to you.
4.2. Payment will be made Upon the sending of confirmation of shipment.
4.3. Any errors you might make in your order can be corrected by letting us via email prior to processing your order. If your order has already been processed, you can not change it. If your order has been processed, shipped, please return the products by exercising your right of withdrawal in accordance with the return policy.
4.4. The contract relate only to products shipped We have confirmed in the email confirmation of dispatch. We will not be required to send any other product that can be included in your order until the dispatch of these products has been confirmed by a confirmation of shipment.
4.5. Leywess company reserves the right not to accept payment and not to confirm an order for any reason, particularly in the event of supply problems, or in case of difficulty concerning the order.
4.6. When you make a claim, you agree that all information that you communicate about the goods or services are truthful and accurate. You attest to use the credit card or direct certify to be moreover authorized debit card used to place order and what you dispose of sufficient money to cover the complete price of you order. It is up to you to informs us as soon as possible about any change concerning this information.
5. Your right
In accordance with the dispositions of L21 article -21 of the code of consumption, you have a 14 days withdrawal period from the receipt of your products to exercise your right of withdrawal without any reasons or pay penalty.
The returns should be in their original condition and complete (packaging, accessories note). In this context, you are liable. Damage to the product at that time may be such as to frustrate the right of withdrawal.
The cost of returning its your responsibility.
In case of exercising the right of withdrawal, Leywess company will refund the (SUMS or Money) paid within 14 days of the notification of your application and via the same means of payment used when ordering.
5.1 Exceptions to the right of withdrawal
In accordance with Article L.21-21-8 of the Consumer Code, the retraction law does not apply to :
- The provision of services of fully executed before the end of the helper began after prior express consent of the consumer and express renunciation of its right of withdrawal.
- 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.
- The supply of goods made to the consumer’s specifications or clearly personalized.
- The supply of goods which were unsealed by the consumer after delivery and can not be dismissed for reason of hygiene or health protection.
- The supply of goods which having been delivered and by their nature, are mixed inseparably with other items.
- The supply of alcoholic beverages whose delivery is delayed beyond thirty days and the value agreed to conclude the contract depends on market fluctuations outside the control of professional.
- Providing audio or video recordings or computer software when they were unsealed by the consumer after delivery.
- The supply or newspaper, periodical or magazine, except for the subscription contracts in these publications.
- The negotiations concludes at a public auction.
- The supply of digital content not supplied on a tangible medium in which to execute helper began after prior express consent of the consumer and express renunciation to the right of withdrawal.
6. Availability and delivery
Products are delivered to the address indicated during the ordering process within the time specified on the order confirmation page.
In case of the delayed shipment an email will be sent to inform you of a possible impact on the delivery time was stated you.
In accordance with the legal tendencies, in the event of delays of delivery, you profit from the possibilities of canceling the order under the conditions and procedures defined in the articles L6138-2 of the code of consumption. So meanwhile you receive the product we will proceed to his refunding and the expenses of routing under the conditions of the article L138-3 of code of consumption.
In the event of delivery by a carrier, the Leywess company cannot be held for person in charge of delay of delivery due exclusively to an unavailability of the customer after several proposals of appointment.
7. Price and payment
7.1. The price of the products will be the price indicated on our website all inclusive tax but do not include the expenses of delivery. The expenses of delivery are specified separately when you place order and must also be regulated at time of the order (see information concerning the delivery). Your payment must be carry out according to the methods specified on the website. The payment famous will be carried out only when we receive payment of the integrity of the naps indicated on the order. The displayed prices of modifications will not affect the orders already carried out and confirmed.
In the event of order towards a country other than the Metropolitan France you are the importer of the products concerned. Customs duties or other taxes local or right of importation or taxes of state are likely exigible. These rights and SUMS do not concern your whole responsibility as well in terms of declarations as of payments at the authorities and qualified organizations of your country. We advise you to inform you about these aspects near your local authorities.
All orders whatever their origin are payable in EUROS.
7.2. Our Website offering a large number of products and it is always possible despite our effort, that the prices of certain products displayed on our website are inaccurate. We check the prices within the framework of our procedure of forwarding so that if the exact price of a product is lower than the price than we display, we invoice you low the amount at the time forwarding of the product. We do not have any obligation to provide you the product to the incorrect price (lower) even after the sending of the confirmation of forwarding since the error of price is manifest and that it could have been noticed by you as being an error of price is manifest and than it could have been noticed by you as being an error of price. On this assumption, we can make the choice to refuse the order and to inform you. You will be concern then to the rectified price.
Products remaining property of the Leywess company until the complete payment of the price.
Caution : As soon as you take possession physically ordered products, the risks of losses or damage of the products are transferred to You.
7.3. Payments of all our products must be made by credit Card. We accept payment by Visa, Electron...
7.4. The price of goods and services from abroad may experience fluctuations. All prices on the Website are subject to such variations.
7.5. Only one promotional code can be used per order.
All our products have the legal guarantee of compliance and liability for defects hidden under Article 1641 of the Civil Code. In case of non-compliance of a product old, it can be returned, exchange or refunded.
All claims, request for exchange or refund must be made by mail to the following address : firstname.lastname@example.org within 30 days of delivery.
Products must be returned in the condition in which you receive them with all the elements (accessories, packaging, manuals...) shipping fees will be refunded upon presentation of receipts.
The provision of this article do not prevent you from enjoying the right of withdrawal provided for in Article 5.
To Know about more about the modalities of refund, please consul tour Politics back.
9. Our responsibility
9.1. If we can not deliver your order or if the products we deliver are not what you ordered, or if they are faulty or damaged, or if the quantity delivered is incorrect, we will:
9.1.1 Remedy any shortage or non delivery or incorrect delivery or replace or repair all products that are defective or damage or refund the amount you paid for the products in question.
9.2. Any provision of these terms and conditions shall exclude or limit our liability for death or personal injury or if fraud or any other liability which can not be excluded or limited under applicable law.
9.3. Any provision of these terms and conditions shall exclude or limit the rights you have under the application law. In case, you have legal guarantees that you will find a list in Appendix 1.
9.4. Every person who did not have to the present contract has no right to demand the application of any condition of present.
The offered products are in conformity with the French legislation into force. The responsibility for company Leywess could not be committed in the event of non-observance of the legislation of the country where the product is delivered. It belongs to you to check near the local authorities the possibilities of importation or use of the products or services which you plan to order.
In additional, company Leywess could not be held for person in charge of the damage resulting from a misuse of the bought product.
Finally the responsibility for company Leywess could not be committed for all the disadvantages damage inherent in the use of Internet Network, in particular a rupture of service an intrusion external or the presence of computer viruses.
11. Duties applicable in the event of litigation
The Original language of this contract is the French Language. The present conditions of sale are subjected to the french law. In the event of litigation. The French Courts will be the only qualified ones.
12. Intellectual Property
All elements of the leywess.com website are and remain the intellectual property an exclusive of the Leywess company. No one is not authorized to reproduce, exploit, repeat or use with some title that it is, even partially, of the elements of the Website which they are Software, visual or Sound any simple link or by hypertext is strictly interdict without a purposely written agreement of the Leywess company.
13. Written communications
The law in force require that some of information or the communications that we send to you be transmitted in by using this website, you accept that these communications are done mainly by electronic way. We will contact you by email or we will provide you information by displaying opinions on the website for contractual reason, you accept these electronic means of communication and you recognize that all the contracts opinions, information and other communications that we will provide you by electronic way are in conformity with the legal requirements providing that the mentioned communications are made in writing. These conditions do not affect your statutory duties.
14. The transfer of the rights and obligations
14.1. The contract concluded between YOU and US mutually binds us like our successors a hang respective rights. You cannot transfer to yield, invoice, or differently to have a contract or any of your rights or obligations rising and this one at any time throughout contract.
15. Events independent of our will
15.1. We will not be held responsible for any failure or days for execution for any of our stipulate obligations with the contract which would result of independent of our will (cases of absolute necessity). An emergency understands any act, event, not supervening, omission or accident independent of our will. The emergency includes in particular (without that not being restrictive), the following events :
15.2. Strikes, the lockout or another social movements. Civil disorders, riots, war (declared or not) or threats or reparations of war. Fires explosions, storms, floods, earth quakes, depression, epidemics or other natural disasters. Impossibility of using the transports rails, maritime, air, road or the other means of transport public or private. Impossibility of using the telecommunication networks private or public. Acts, decrees, laws, regulations or other restrictions of a government.
15.3. In the event of cause beyond control Our obligations under the terms of any Contract famous are suspended during the period which the emergency continues. We will profit from an additional time for the duration of this period. We will put all works about it to put an end to the disadvantage caused by the emergency and to find a solution allowing us to carry out our contractual obligations in spite of the emergency.
16.1. If we do not succeed, constantly throughout contract, to put forward the execution of any of Our obligations under the terms of the contract or of any of Our obligations under the terms of the contract or the one of the terms of these general terms, or if we do not exert any of our rights or recourse to which We are entitled within the framework of this contract, that could not constitute a renunciation of the known as rights or recourse in question nor of releasing you from your obligations.
16.2. A renunciation of Our share of any failure could not constitute a renunciation of later failure. No renunciation of Our share of any of the terms of these general terms will be effective unless it is expressly established as being a renunciation and that it is not communicated to You in writing.
17.1. If any stipulation of these general terms of sale or the contract is invalidated by a competent jurisdiction or declared illegal or impracticable in certain measures, the aforementioned stipulation will be in this case of figure, removed remaining stipulation will continue to be valid to the full extend authorized by the law.
17.2. In the contrary case, you accept that the clause is rectified and interpreted in such way that it approaches the original direction of the clause / sub paragraph in accordance with the applicable law.
18. Entirety of the agreement
18.1. The present General terms of sale and any document to which they return explicitly constitute the entirety of the agreement between you and Us compared to the object of the Contract and replace any contract, agreement or former agreement between us, whom he is written or oral.
18.2. You and We recognize, that by concluding a Contract, any us was not based on a representation, a commitment or an unspecified promise given by the other part or rising from an orally expressed or written unspecified matter lasting the negotiations or prior to such a Contract, except if that is expressly specified under the present General terms of sale.
18.3. Neither you nor We lay out of any recourse concerning any untrue statement made by the other part, that she oral or is written, before the date of any Contract (unless such an untrue statement is made fraudulently) and the only recourse the other part will have will be on the base of the contract (a violation of the Contract within the limits under the conditions envisaged by the present General terms of sale. We can revise and modify occasionally the present General terms of sale in order to reflect the changes of the market rates, the technological changes, the changes of the means of payment, the modifications of laws and regulations relevant as well as the changes of the capacities of our system or for any other reason which We consider useful, and this with our whole discretion.
18.4. You will be subjected to the policies and General terms of sale in force at the time when you order Products, unless any change carried out with the known as policies and General terms of sale is required by the law or a governmental authority (in which case that will apply to your former orders in the measurement required by the law), or if We inform you of the change of these policies and General terms of sale before you to send the Confirmation of forwarding (in which case We have the right to suppose that you accepted this change of our General terms of sale, unless you indicate to Us the opposite in the seven working days following your reception of the Products).
19. After-sale services
19.1. The questions, comments or requests concerning these General terms of sale or our Products must be addressed to: email@example.com.
19.2. Any claims will have to be addressed e-mail to firstname.lastname@example.org.
20. Personal data
The Leywess company reserves the right to collect personal information and the personal data concerning you. They are necessary to the management of your order, like with the improvement of the services and information that we address to you.
They can also be transmitted to the companies which contribute to these relations, such as those in charge of the execution with the services and orders for their management, execution, treatment and payment.
This information and data are also preserved at ends of security, in order to respect the legal requirements and lawful.
In accordance with the law of January 6th, 1978, you have a right of access, of correction and opposition to personal information and the personal data concerning you, directly on the website.
21. Filing proof
The Leywess company will file the goods of orders and the invoices on a reliable and durable support constituting a copy faithful in accordance with the provisions of article 1348 of the Civil code.
The computerized registers of the Leywess company will be regarded by all the parts concerned as proof of the communications, orders, payments and transactions occurred between the parts.
General terms concerning the promotional codes
The official promotional Codes of Leywess give you the right to an additional percentage (specific to the promotional Codes in question) to deduce from your next order online on www.leywess.com. To claim your reduction, enter the specific code then click on “recomputing the order” when it is asked to you to enter your information of payment on the page “payment”.
Because of the superb offers that we propose to you online, other promotional codes can not be applicable.
Only one code by customer can be used and it cannot be accumulated with any other promotion or offers. The promotional codes remain our property and are not transferable nor do not function for the purchase of cards or gift certificates. No exchange in cash is possible. The promotional Codes and the dependent offers are not opened to the employees of leywess.com and We reserve the right to withdraw them or refuse or restrict any order constantly.
The promotional Codes are valid only on leywess.com and for the payments carried out by people residing in France, in euros. The payments in euros can be carried out by selecting the suitable flag in the pull-down menu of selection of the currency in top on the right of the homepage. The goods are provided subject to our General terms of sale which you can consult on...
Appendix 1: your legal warranties
Article 1641 of the civil code
The salesman is held of the warranty at a rate of the hidden defects of the sold thing which make it unsuitable with use for which one intends it, or which decrease this use so much that the purchaser would not have acquired it, or only one less price would have given any, if he had known them.
L211-4 Article of the consumption code
The salesman is held to deliver a good in conformity with the contract and answers of the defects of conformity existing during the delivery. He also answers of the defects of conformity resulting from packing, the instructions of assembly or the installation when this one was put at its load by the contract or was carried out under its responsibility.
L211-5 Article of consumption code
To be in conformity with the contract, the good must:
1- To be specific to the usually expected use of a similar good and, if necessary, to correspond to the description given by the salesman and to have qualities that this one presented to the purchaser in the form of sample or of model, to have qualities until a purchaser can legitimately wait in view of public statements made by the salesman, the producer or his representative, in particular in publicity or labelling or show the characteristics defined by mutual agreement by the parts or be specific to any special use searched by the purchaser, made available of the salesman and whom this last accepted.
L211-9 Article of consumption code
In the event of defect of conformity, the purchaser chooses between the repair and the replacement of the good.
However, the salesman can not proceed according to the choice of the purchaser if this choice involves an obviously disproportionate cost in comparison with the other method, taking into account the value of the good or the importance of the defect. It is then held to proceed, except impossibility, according to the method non selected by the purchaser.
L211-10 Article of consumption code
If the repair and the replacement of the good are impossible, the purchaser can return the good and be made restore the price or keep the good and be made return part of the price.
Of another choice are open for him:
1- If the solution required, suggested or agreed pursuant to the article
L. 211-9 cannot be put in work within one month following the claim of the purchaser.
2- Or if this solution cannot the being without major drawback for this one taking into account the nature of the good and the use which it searches. The resolution of the sale cannot however be marked if the defect of conformity is minor.
L211-12 Article of consumption code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article 1648 sub paragraph 1st of the civil code
The action resulting from the prohibitory defects must be brought by the purchaser within a period of two years as from the discovery of the defect.