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General Terms and Conditions

INTRODUCTION

This document (and any document mentioned below) establishes the general conditions of use of this website (www.loneel.fr) as well as the general conditions of purchase of products through the latter (hereinafter conditions").

Please read these Terms, our cookies policy and our privacy policy (hereinafter the “Data Protection Policies”) carefully before using this website. By using or placing an order through this website, you agree to be bound by these Terms and our Data Protection Policies. If you do not agree to all of the Terms and Data Protection Policies, please do not use this website.

These Terms are subject to change. It is your responsibility to consult them regularly, as the applicable conditions will be those in force at the time of use of this website or conclusion of the Contract (as described below).

For any questions regarding the Conditions or Data Protection Policies, please contact us by completing the form provided for this purpose.

The Purchase Agreement concluded between us (hereinafter referred to as the “Agreement”) may be entered into, at your option, in any language in which the Terms are available on this Website.

OUR CONTACT INFORMATION

The sale of products through this website is carried out under the name “LO NEEL” whose head office is located at 81 rue Brancion 75015 PARIS, registered in the Paris Trade and Companies Register under number 830 788 436, and under the following intra-community VAT number FR81830788436, reachable at the following email address: contact@loneel.fr

YOUR CONTACT DETAILS AND YOUR VISITS TO THE WEBSITE

The personal information or data you provide to us will be processed under the Data Protection Policies. By using this website, you agree to the processing of this information and contact details and you declare that all information or contact details provided are true and accurate.

USE OF OUR WEBSITE

By using this website and placing orders on it, you agree to:

Use this website only to carry out consultations or place orders legally
Do not place false or fraudulent orders. If we have reason to believe that such an order has been placed, we will be entitled to cancel it and notify the relevant authorities.
Provide us with your true and accurate email address, postal address and/or other contact information. Likewise, you authorize us to use this data so that we can contact you in the context of your order, if necessary (see our privacy policy).

You will not be able to place an order if you do not provide us with all the required data.

By placing an order on this website, you affirm that you are over 18 years of age and have the legal capacity to enter into contracts.

AVAILABILITY OF SERVICES

The delivery service for the products offered on this website is available in mainland France only.

VALIDATION OF THE CONTRACT

To place an order, you must follow the online purchasing procedure and click on “Authorize payment”. You will then receive an email confirming that your order has been taken into account (hereinafter the “Order Confirmation”). You will also be informed by email of the dispatch of your order (hereinafter the “Shipping Confirmation”).

PRODUCT AVAILABILITY

All product orders are subject to product availability. In this sense, in the event of supply difficulties or if the products are no longer in stock, we will reserve the right to inform you about the possibility of ordering replacement products of the same or greater quality or value. . If you do not wish to order these replacement products, we will refund any amount you may have paid.

REFUSAL TO PROCESS AN ORDER

We reserve the right to withdraw any product from this website at any time and to replace or modify any content or information contained therein. Although we always make every effort to respond as best we can to all orders, exceptional circumstances may arise such as a manufacturing or stock problem or a payment incident, and force us to refuse to process an order after have sent you the Order Confirmation. We reserve this right at all times. In this case, if payment has already been made, we will reimburse you for all amounts paid, including delivery costs as soon as possible, using the same payment method that you used during the transaction. In all cases, this reimbursement will not entail any costs to you.

We will not be held liable to you or any third party for the removal of a product from this website, the removal or modification of any material or content appearing there, or the failure to process an order. in the cases referred to above, after sending the Shipping Confirmation.

DELIVERY

Subject to the provisions of the clause relating to the availability of products, and except in the event of exceptional circumstances, we will endeavor to deliver to you the product(s) appearing on the Dispatch Confirmation before the deadline indicated on the same Shipping Confirmation. dispatch or, if no date is indicated, within the indicative period given when choosing the delivery method, and, in all cases, within a maximum period of 30 days from the date of Order Confirmation.

Delays may nevertheless occur in the event of unforeseen circumstances or for reasons related to the place of delivery.

If we are unable to meet the delivery date for any reason, we will notify you and offer to either continue the purchasing process with a new delivery date or cancel your order and refund you the full amount you paid. Please note that no home deliveries are made on Saturdays, Sundays or public holidays, except in the case of the virtual gift card, which will be delivered on the date you indicate to us.

For the purposes of these Conditions, “delivery” will be deemed to have been made, or the order will be deemed to have been “delivered”, at the time when you or a third party designated by you is in physical possession of the products, which materializes by signing the acknowledgment of receipt of the order to the delivery address that you have indicated to us.

IMPOSSIBILITY OF DELIVERY

If we are unable to deliver your order, we will endeavor to find a safe place to drop off your package. If we cannot find a safe location, your order will return to our warehouse.

We will also leave you a notice telling you where your order is and how to re-deliver.

If you are not at the delivery location at the agreed time, please contact us to arrange delivery at a later date.

If the order still cannot be delivered, for reasons not attributable to us, after a period of 30 days following the date on which your order was available for delivery, we will consider that you wish to place a term of the Contract and it will be terminated. As a result of termination of the Contract, we will reimburse you for all amounts paid, including delivery costs (except for additional costs linked to the choice of a delivery method other than the ordinary and least expensive delivery method that we offer you), as soon as possible and, in any case, within 14 days from the moment the Contract is considered to be terminated.

Please note that we will be entitled to charge you for any additional transport costs arising from the termination of the Agreement.

PRE-ORDER PRODUCTS

Pre-ordered products posted online on the website as “Pre-order” may be subject to longer delivery times than other orders. These delivery times will be mentioned on the website, but the products will in all cases be delivered within a maximum period of 45 days from the date of Order Confirmation.

Orders containing both standard products and Pre-ordered products (“Mixed Orders”) may be delivered separately and at different times.

As soon as the Pre-ordered products have been prepared, we will inform you of their shipment by sending a Shipping Confirmation.

You have the right to withdraw from the contract within 14 days from the date on which you or a third party other than the carrier you have designated comes into physical possession of the products without giving any reason. In the event of Mixed Orders, the withdrawal period expires after 14 days from the date on which you or a third party other than the carrier you have designated comes into physical possession of the last product ordered.

The preceding provisions are without prejudice to the contractual right of withdrawal of 30 days from the date of Dispatch Confirmation which you benefit from for each of the products which can be delivered separately in the event of mixed Orders.

If you make a purchase of a Pre-Ordered product, all provisions of these Terms will also apply to you.

OWNERSHIP OF PRODUCTS

Ownership of the products will only be transferred to you upon receipt of full payment of the sums due, including delivery costs, or at the time of delivery (as defined in the Delivery clause above) if it occurs at a date after payment.

PRICE AND PAYMENT

The price of the products will be that indicated at all times on our website, except in the event of an obvious error. Errors may occur despite our best efforts to ensure that prices shown on the Website are accurate. If we detect an error in the price of the product(s) you have ordered, we will inform you as soon as possible and offer to either confirm your order at the correct price or cancel this order . If we are unable to contact you, the order will be considered canceled and we will refund you the full amounts paid.

We are not required to sell a product at an incorrect lower price (even after sending you an Order Confirmation), if the error is obvious and unambiguous and you are reasonably able to identify it as such. .

The prices displayed on our website include VAT but exclude delivery costs, which will be added to the total amount to be paid, as established in our buying guide (see the “Shipping” section).

Prices may be changed at any time. However, no changes will have any effect on orders for which a Shipping Confirmation has already been sent, except in the cases described above.

After you have chosen all the products you wish to purchase, they will be added to your shopping cart. We will then process your order and you will be prompted to make payment. To this end, you must follow the different stages of the purchasing process by indicating or verifying the information required at each of them.

During the purchasing process, you always have the possibility to modify the data relating to your order before proceeding to payment. The purchasing process is explained in detail in our buying guide.

Furthermore, if you are registered as a user in our system, all data relating to the orders you have placed with us are available in the “My Account” section.

Your card data will be encrypted to reduce any risk of unauthorized access. Once your order has been placed, we will make a pre-authorization request for a credit card debit to ensure that you have sufficient funds to complete the transaction. The corresponding amount will be debited from your card when the products ordered leave our warehouse.

By clicking “Authorize Payment,” you confirm that the credit card belongs to you or that you are the rightful cardholder.

Credit cards are subject to validity checks and authorization from the card issuing organization. If we do not receive the required payment authorization, we will not be liable for any delay or failure to deliver the products and we will not be able to enter into a Contract with you.

The order confirmation email serves as the invoice. Keep it carefully so that you can justify your purchase.

PURCHASE OF PRODUCTS AS A GUEST

The site also offers you the opportunity to purchase products as a guest. Under this purchasing method, you must only provide the data necessary to process your order. At the end of the purchase process, you are prompted to register as a user or continue as an unregistered user.

The order confirmation email serves as the invoice. Keep it carefully so that you can justify your purchase.

VALUE ADDED TAX

Purchases made via this website are subject to value added tax (VAT) at the rate legally in effect on the day of sale.

EXCHANGE/RETURN POLICY

LEGAL RIGHT OF WITHDRAWAL

Right to retract

As a consumer, you have the right to withdraw from the Contract within 14 days without giving any reason.

The withdrawal period expires after 14 days from the date on which you or a third party other than the carrier you have designated comes into physical possession of the products or, in the case of several products forming part of the same order but delivered separately, after 14 days from the date on which you or a third party other than the carrier you have designated comes into physical possession of the last product ordered.

To exercise your right of withdrawal, please inform LO NEEL of your decision by an unequivocal written declaration (in particular by means of an e-mail or postal mail). You can contact us by email at the following address: contact@loneel.fr

You also have the option of using the withdrawal form attached, although this is not obligatory.

The withdrawal period is respected if you send your letter informing us of your decision to exercise your right of withdrawal before the expiration of this withdrawal period.

Effects of withdrawal

If you decide to withdraw from the Contract, we will refund the amounts paid, excluding delivery costs, as soon as possible and, in any case, within 14 days from the day on which we are informed of your withdrawal decision regarding this Contract.

The refund method will be the same as the payment method you used during the initial transaction. In all cases, this reimbursement will not entail any costs to you. Regardless of the above, we may withhold reimbursement until we have received the returned products or you have provided us with proof of their return, whichever is earlier.

Your liability is only incurred with regard to the depreciation of the value of the products resulting from handling other than that necessary to ensure the nature, characteristics and functioning of the latter.

COMMON PROVISIONS

You will not have the right to withdraw from the Contract if it relates to the delivery of one of the following products:

Customized products
Goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

Your right of withdrawal will only apply to products which are returned in the same conditions as those in which you received them. No refund will be given if the product has been used after being opened, if it is not in the same condition as when delivered or if it has been damaged. You are therefore requested to take good care of the product(s) in your possession. Please return the products using or including their original packaging, instructions and any other documents, if any, accompanying these products.

In the event of withdrawal from the Contract, the corresponding products must be returned at your expense.

After examining the returned product, we will advise you whether or not you are entitled to a refund of the amounts paid. Delivery costs will be refunded if the right of withdrawal is exercised during the legal period and if all the products in question are returned. The refund will be made as soon as possible and, in any case, within 14 days from the date on which you inform us of your decision to terminate the Contract. Regardless of the above, we may withhold reimbursement until we have received the returned products or you have provided us with proof of their return, whichever is earlier. The refund method will always be the same as the payment method for your purchases.

The risks and costs associated with returning the products will be your responsibility, as indicated above.

Please note that, following delivery of your order, in the event of exercising your legal right of withdrawal, we cannot assume the risk linked to the return of the products as long as it results from causes not attributable to LO NEEL.

You are also reminded that you are responsible for the contents of returned packages as long as you do not use any of the options offered by LO NEEL. In the event of an error in the contents of the returned package, not attributable to LO NEEL, if it is possible to organize the return of the package to your attention, we can pass on the corresponding costs to you.

In any case, no provision of this clause will prejudice your rights recognized by law.

RETURNS OF DEFECTIVE PRODUCTS

If you consider that the product does not comply with the Contract at the time of delivery, you must contact us immediately using the form provided for this purpose, indicating the characteristics of the product in question and the nature of the defect.

We will examine the returned product in detail and inform you by email, within a reasonable time, whether the product can be exchanged or are entitled to a refund (if applicable). We will refund or exchange the product as soon as possible and, in any case, within 14 days from the date on which we confirm to you by email that you are entitled to the refund or to the exchange of the product in question.

If a defect or damage is proven, the returned products will be subject to a full refund, including the delivery costs you paid and the costs incurred for the return. The refund method will always be the same as the payment method for your purchases.

All rights you enjoy under current regulations are preserved in all cases.

“SIZE CHANGE”

If you consider that the size of the item you purchased does not suit you, you can return this item to us by the carrier of your choice, within 14 calendar days from receipt of the package.

Once the item is returned, you will be refunded within 10 calendar days and you can reorder the item in another size.

LIABILITY AND DISCLAIMER

Our liability, under these Conditions, cannot be incurred in the event that the non-performance of our obligations is attributable to the actions of a third party, to your fault or to an event of force majeure as defined by article 1218 of the Civil Code and by case law.

Notwithstanding the foregoing, our liability will not be subject to any exclusion or limitation in the following cases:

death or personal injury caused by our negligence;
fraud or deception; Or
in any case where it would be illegal or contrary to law to exclude, limit, or attempt to exclude or limit our liability.

Due to the open nature of this website and the possibility that errors may occur in the storage and transmission of digital information, we do not guarantee the accuracy or security of any information transmitted or obtained through this website. website, unless expressly indicated otherwise.

All documents, descriptions and information relating to the products appearing on this website are provided “as is”, without being covered by any warranty, express or implied, with the exception of the warranties provided by law. In this sense, if you are party to the Contract as a consumer, we are required to deliver products to you that comply with the contractual provisions and we are held responsible to you in the event of a lack of conformity noted at the time of delivery. The products are considered to comply with the contractual provisions if the following conditions are met: (i) they must conform to the description that we have presented and have the characteristics that we have set out on this website; (ii) they must be suitable for the purposes for which products of this type are generally designed; (iii) they must meet the quality and performance criteria which are generally accepted for products of the same type and which can reasonably be expected.

To the extent provided by law, all warranties are excluded, with the exception of warranties benefiting consumers, which cannot legitimately be subject to any exclusion.

Indeed, LO NEEL guarantees consumers against lack of conformity and hidden defects for the products on sale on this website, in accordance with the legal guarantee of conformity provided for in articles L.217-4 et seq. of the Consumer Code, and to the guarantee against hidden defects, within the meaning of articles 1641 et seq. of the Civil Code, allowing you to return defective or non-compliant products delivered.

It is recalled that the consumer who decides to act under the legal guarantee of conformity:

Benefits from a period of two years from the delivery of the property to take action;
Can choose between repair and replacement of the good, subject to the conditions linked to cost, provided for in article L 217-9 of the Consumer Code;
Is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods.

The legal guarantee of conformity applies independently of any commercial guarantee granted.

The consumer may decide to invoke the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In this case, the consumer can choose between canceling the sale and reducing the sale price, in accordance with article 1644 of the Civil Code.

Reminder of the provisions of the Consumer Code:

Article L 217-4 of the Consumer Code: The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.

Article L 217-5 of the Consumer Code: To comply with the contract, the good must:

Be suitable for the use usually expected of similar goods and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect having regard to public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L 217-12 of the Consumer Code: Action resulting from lack of conformity is prescribed two years from delivery of the goods.

Reminder of the provisions of the Civil Code:

Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have it acquired, or would have given only a lower price, if he had known them.
Article 1648 paragraph 1 of the Civil Code: Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

The products we sell, particularly items of a artisanal nature, often have characteristics specific to the natural materials used in their manufacture. These characteristics may be subject to variations in fibers, texture, knots or color. These variations can in no case be considered as defects or damage. You must, on the contrary, be aware of the existence of these variations and be able to appreciate them. We choose only the highest quality products, but natural characteristics are inherent in our products and must be accepted as part of their intrinsic appearance.

The provisions set out in this clause will in no way affect your rights as a consumer, nor your right to terminate the Contract.

Mediation

As a consumer, if you believe that your rights have been violated, you can send your complaint to the following email address: contact@loneel.fr in order to request an amicable settlement.

INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademark and other intellectual property rights relating to all information or content appearing on this website will, at all times, be our property or that of those who have authorized us. granted the license. You may only use this information to the extent that you are expressly authorized to do so by us or by those who granted the license. This does not prevent you from using this website to copy information necessary for your order or your identification information.

VIRUSES, HACKING AND OTHER COMPUTER CRIME

You must not misuse the Website by intentionally introducing viruses, Trojan horses, worms, logic bombs or other malicious or technologically harmful devices. You must not attempt to gain unauthorized access to this website, the server on which this website is hosted or any server, computer or database connected to our site. You agree not to attack this website via denial of service or distributed denial of service.

Any violation of this clause constitutes an offense under the applicable regulations in this matter. We will notify the relevant authorities of any such breach and cooperate with them to discover the identity of the hacker. Likewise, in the event of non-compliance with this clause, you will immediately cease to be authorized to use this website.

We will not be liable for any loss or harm resulting from a denial of service attack, virus or other malicious or technologically harmful device or material caused to your computer, equipment, data or your information as a result of using this website or downloading files from it or files from other sites to which this site has directed you.

LINKS ON OUR WEBSITE

If our website contains links to other third party sites and data, these links will be provided for information purposes only, without us having any control over the content or data of these sites. Consequently, we accept no liability for any loss or harm resulting from the use of these links.

WRITTEN COMMUNICATIONS

Under applicable regulations, we are required to send you certain information or communications in writing. By using this website, you agree that your communication with us will be primarily electronic. We will contact you by email or notify you through alerts posted on our website.

For contractual purposes, you agree to the use of this electronic means of communication and you agree that all contracts, announcements, information and other messages that we send to you electronically comply with legal provisions requiring that such communications be formulated in writing. This provision does not affect your rights.

NOTIFICATIONS

Please preferably use our contact form to send us your notifications. Unless otherwise indicated, we may send you notifications to the email or postal address you provide to us when placing your order.

It is understood that notices will be properly made and received immediately upon posting on our website, 24 hours after an e-mail is sent, or three days from the date of postage of any letter. To prove that a notification has been delivered, it will be sufficient to demonstrate, in the case of a letter, that the address was correctly written and that it was stamped and posted; in the case of an email, it will be sufficient to demonstrate that it was sent to the email address indicated by the recipient.

TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract is binding on the parties, as well as their respective successors, assigns and assigns.

You may not transmit, assign, encumber or otherwise transfer a Contract or any of the rights or obligations arising thereunder without obtaining our prior written consent.

We may convey, assign, encumber, subcontract or otherwise transfer a Contract or any of the rights or obligations arising thereunder at any time during the term of the Contract. For the avoidance of doubt, these transmissions, assignments, charges and other transfers will not prejudice the rights which, where applicable, are recognized by law to you as a consumer, and will not constitute any limitation, restriction or exclusion of guarantees explicit or implicit that we could have granted to you.

FORCE MAJEURE

We will not be held responsible for any non-performance or any delay in the performance of our contractual obligations caused by events beyond our reasonable control (hereinafter “Force majeure”) as defined in article 1218 of the Civil Code and by case law.

It is understood, on the one hand, that our contractual obligations will be suspended for as long as the case of Force Majeure lasts and, on the other hand, that our execution deadlines for meeting these obligations will be extended for a period equivalent to that of the case of Force Majeure. We will endeavor as far as possible to put an end to the Force Majeure event or to find a solution enabling us to perform our contractual obligations despite the Force Majeure event.

WAIVER RIGHTS

If we cease to require strict performance from you of your obligations under the Contract or any of these Terms, or if we fail to exercise any rights or remedies to which we are entitled under this Contract or the any of these Conditions, this will in no way constitute a waiver or limitation of these rights or remedies and will not relieve you of compliance with your obligations.

No waiver by us of any specific right or remedy will constitute a waiver of any other rights or remedies arising under the Contract or the Terms.

No waiver on our part of any of these rights, remedies or conditions under the Contract will be effective until it is expressly described as such and communicated to you in accordance with the provisions provided for. in the notices clause above.

PARTIAL VOID

If any of these Conditions or any of the provisions of the Contract is deemed null and void by virtue of an irrevocable decision emanating from a competent authority, the other general conditions will remain applicable without being affected. by this decision.

ENTIRE CONTRACT

These Conditions and any document indicated in these same Conditions constitute the entire Contract concluded between the parties with regard to the subject of the latter, and replace any agreement, promise or pact concluded previously orally or in writing between the parties. parts.

The parties agree that neither of them has relied on any declaration or promise made by the other party or possibly arising from any written or oral declaration during the negotiations carried out between the parties before the conclusion of the Contract, except as expressly provided in these Conditions.

Each party waives the right to exercise any recourse concerning possible false oral or written statements made by the other party, before the date of signing the Contract (unless these false statements were made fraudulently). The only recourse that the other party may exercise will be for breach of Contract, as stipulated in these Conditions.

OUR RIGHT TO MODIFY THESE TERMS

We have the right to revise and modify these Terms at any time.

You are subject to the provisions and Conditions in force at the time you use this website or place an order, unless we are required by law or competent authorities to change these provisions, Conditions or the privacy policy retroactively. In this case, any possible modification will also apply to orders that you have previously placed.

APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and contracts for the purchase of products on this site will be governed by French law.

Any dispute arising from or linked to the use of the site or to said Contracts will be subject to the exclusive jurisdiction of the French courts and tribunals.

The provisions of this clause in no way affect the rights you benefit from as a consumer, under the applicable legislation in this area.