GENERAL SALES TERMS AND CONDITIONS
GENERAL SALES TERMS AND CONDITIONS
APPLICABLE TO SALES PROCESSED UNDER THE WEB SITE TRENCH & COAT
Last Update 03/08/2023
The Company Lener Cordier is a specialized in designing, producing and
distributing ready-to-wear articles and associated services. In this context,
the company develops under the Brand TRENCH & COAT, ready-to-wear and
sleeved articles (Coats, Trenches, Jackets…) distributed on the online store
TRENCH & COAT.
These general sales terms and conditions (thereafter « General Sales
Terms and Conditions ») shall apply to any purchase processed by a “Web
User”/physical person (thereafter « CUSTOMER ») under the Web Site
www.trenchandcoat.com (thereafter « Web Site ») alongside Lener Cordier, SA
Registered in the Dunkerque trade register under number 308199140, with its
head office located at 39 rue de Merville, 59190 Hazebrouck, France Tel :
+33(0)328429111, email : contact@lenercordier.fr (thereafter « SUPPLIER»).
The textile articles distributed under the brand TRENCH & COAT are
ready-to-wear and sleeved articles (Coats, Trenches, Jackets…). These articles
are proposed each season, at the rate of one collection per season, that is 2
collections per year: One collection for Autumn-Winter and one collection for
Spring-Summer. The PRODUCTS offered for retail sale on the Web Site TRENCH
& COAT, are current season’s PRODUCTS, PRODUCTS rolled over from one season
to another, or permanent PRODUCTS. Previous seasons PRODUCTS may be offered for
retail sale in the “OUTLET” section of the Web Site.
WARNING
Any order
processed under the Web Site implies mandatorily the unconditional acceptance
of the CUSTOMER to these General Sales Terms and Conditions.
ARTICLE1.DEFINITIONS
The words used thereafter have, in these General Sales terms and
Conditions, the following signification:
●
« CUSTOMER »: defines the
co-contractor of the SUPPLIER, who recognizes being considered as a CUSTOMER as
define by the French law and French case law. For this reason, it is,
specifically mentioned that this « CUSTOMER » acts outside any current or
commercialactivity
●
« DELIVERY »: defines the first
presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address
mentioned at the time of theorder.
●
« PRODUCT »: defines all the
PRODUCTS available on thewebsite.
●
« TERRITORY»: defines
Metropolitan France (Excluding DOM/TOM), DOM/TOM as well as some
foreigncountries.
ARTICLE2.PURPOSE
The General Sales Terms and Conditions herein govern sale of PRODUCTS
by The SELLER to the CUSTOMER.
The CUSTOMER is clearly informed and accepts that the Website is
addressed to non-professional CUSTOMERS and thus professional CUSTOMERS must
contact the commercial department of The SELLER in order to benefit from
specific contractual conditions.
ARTICLE3.
ACCEPTANCE OF GENERAL SALES TERMS ANDCONDITIONS
The CUSTOMER undertakes to read carefully the General sales terms and
conditions herein and to accept them before he proceeds and confirm the payment
of the PRODUCTS order registered on the Website.
The General Sales Terms and Conditions herein are mentioned in every
bottom page of the Website with a link and must be reviewed before ordering.
The CUSTOMER is invited to read carefully, upload, print the General Sales
Terms and keep a copy.
THE SELLER advises the CUSTOMER to read these General Sales Terms and
Conditions for each new order, as the last version of these General Sales Terms
and Conditions apply to any new PRODUCT order.
By clicking on the first button to order then clicking on a second
button to confirm the order, the CUSTOMER acknowledges having read understand
and accepted the General Sales Terms and Conditions.
ARTICLE4. CONSENT
OF THE CUSTOMER FOR PROCESSING PERSONALDATA
The consent must be expressed clearly and without ambiguity. Indeed,
when you accept to receive communication from us:
●
We explain how we will use the data, and the type
of communication that you willreceive
●
You must tick one box to validate your consent tosubscribe.
●
Children ageing less than 13 years old cannot
give theirconsent.
You can, at any time, whithdraw your consent. Should you wish to
unsubscribe out of our direct marketing via newsletters, you can unsubscribe by
clicking the link at the bottom of the emailing page.
If you already have an account on our Website, you can also
unsubscribe or change your personal preferences by connecting to your profile.
You have, at any time, the possibility to simply and freely oppose
your registration by getting in « My account » on our Website or by mail at the
following address: LENERCORDIER – TRENCH & COAT Department - 39, rue de
Merville - 59190 HAZEBROUCK - FRANCE
THE SELLER, as the responsible for the processing of the personal
data, consolidates the CUSTOMER personal data in his database. THE SELLER is
processing this database according to the amended French Data Protection Act
n°78-17 of January 6th, 1978 and to the regulation (EU) 2016/679 Of April 27,
2016, applicable as from May 25th, related to protection of personal data of
legal persons and free movement of these data.
The data collected by THE SELLER are processed for the purpose of
fulfilling an order on the Website, Managing the CUSTOMER account, analyzing
the orders and, if the CUSTOMER has chosen the option, sending commercial
prospecting mail, newsletters, promotional offers and/or information about
special sale events, except if the CUSTOMER do not wish to receive any more
these information from THE SELLER. The prospection by e-mail on PRODUCTS or
services not similar to THE SELLER’s PRODUCTS by third parties is possible only
if the CUSTOMER has given his/her prior written consent.
THE SELLER has set up a charter relative to personal data protection
of his CUSTOMERS an which is available at the following address:
https://www.trench-and-coat.com/gb/content/29-Personal-data (« Privacy policy -
Confidentiality and processing of Personal data»). The CUSTOMER acknowledges
having acquainted the chart related to personal data protection.
ARTICLE5. PURCHASE
OF PRODUCTS ON THEWEBSITE
In order to purchase a PRODUCT, the CUSTOMER must be at least 18 years
of age with full legal capacity or if under the age of majority, be able to
justify the agreement of his/her legal representatives.
Notwithstanding Article 4, the CUSTOMER provides information allowing
him/her to be identified by registering the registration form available on the
WEBSITE and consents to the processing of his/her personal data by Lener
Cordier or its sub-contractors. The symbol (*) indicates the required fields
that need to be completed so that The SELLER can proceed with the CUSTOMER
order. The CUSTOMER can track the status of his/her order on the WEBSITE. The
deliveries may, when possible, be tracked, by using online tracking tools of
carriers. The CUSTOMER may as well, contact, at any time, the commercial
department of The SELLER, by email at contact@lenercordier.fr, in order to
obtain information about his/her order status.
The information provided by the CUSTOMER to The SELLER when placing an
order, must be accurate, full and updated. The SELLER reserves the right to
require confirmation to the CUSTOMER, by any appropriate means, of his/her
identity, eligibility and information provided.
ARTICLE6. ORDERS
6.1. Characteristics of the PRODUCTS
The SELLER undertakes to show main characteristics of the PRODUCTS
(Available on the PRODUCT information sheets on the WEBSITE) as well as
compulsory information that must be provided to the CUSTOMER under the
applicable law (in accordance with the General Sales Terms and Conditions
herein).
The CUSTOMER undertakes to read carefully these information before
placing the order directly on the WEBSITE.
Unless expressly stated otherwise on the WEBSITE, all PRODUCTS sold by
The SELLER are new and in conformity with European legislation under European
standards applicable by the EEC as well as the applicable standards in France.
6.2. Order process
The PRODUCTS orders are directly placed on the WEBSITE. In order to
process an order, the CUSTOMER must follow the steps as described below (Please
note that depending on the starting page of the CUSTOMER, the steps described
below may slightly differ).
6.2.1. PRODUCTS selection and purchase options
The CUSTOMER will choose the PRODUCT(S) of his/her choice by clicking
the selected PRODUCT(S) and by choosing the desired characteristics and
quantities. Once the PRODUCT is selected, it is placed in the CUSTOMER’s
basket. The CUSTOMER may then add as many PRODUCTS as he/she wishes.
6.2.2. Orders
Once the PRODUCTS are selected and placed in the basket, the CUSTOMER
must click in the basket and check that the order content is correct. Should
the CUSTOMER has not done it before, he is then invited to log in or subscribe
to the WEBSITE.
Once the CUSTOMER has validated the content of his/her basket, and has
logged in or subscribed, a form automatically filled in will appear online and
which summarize the price, related VAT and if applicable, delivery expenses.
The CUSTOMER is asked to check the content of his/her order (including
the quantity, the
characteristics and references of the ordered PRODUCTS, the invoicing
address, mean of payment and the price) before confirming the order content.
The CUSTOMER may then proceed with the payment of the PRODUCTS
according to the instructions provided on the WEBSITE and give all information
necessary for the invoicing and to the PRODUCTS DELIVERY. Concerning the
PRODUCTS for which options are available, these specific references appear once
the right options are selected. All orders must be assorted with all the
necessary information to ensure the order is processed appropriately.
The CUSTOMER must select the shipping method as well.
6.2.3. Acknowledgement of receipt
Once all steps, as described above, are processed, a page
acknowledging receipt of the CUSTOMER order appears on the WEBSITE. A copy of
this order acknowledgment of receipt is automatically sent by email to the
CUSTOMER, provided that the email address registered in the registration form
is correct.
THE SELLER does not send any order confirmation by postal mail or
facsimile.
6.2.4. Invoicing
During the order process, the CUSTOMER will have to register the
information required for the invoicing (the symbol (*) indicates the required
fields that need to be completed so that the order can be processed by THE
SELLER)
The CUSTOMER has to register clearly all information related to the
DELIVERY, and specifically the exact DELIVERY address, as well as the access
code to the DELIVERY address.
The CUSTOMER will have to specify the selected mean of payment.
Neither the order form set by the CUSTOMER online, nor the
acknowledgement of receipt sent by The SELLER to the CUSTOMER by email can be
considered as an invoice. Regardless of the order method or payment mode
applied, the CUSTOMER will receive the original invoice with the PRODUCT
DELIVERY, inside the parcel.
6.3.
Date of orders
The order date is the date on which The SELLER acknowledges receipt of
the order online. The given period begins to run from this order date.
6.4. Price
On the WEBSITE, the CUSTOMER will find the price including all taxes
for each PRODUCT, as well as the applicable shipment expenses (these shipment
expenses being calculated taking into account the parcel weight, excluding
packaging and presents, the DELIVERY address and the carrier or the transport
mode selected).
These prices include in particular the VAT rate prevailing at the date
of the order. Any change in the applicable VAT rate may have an impact on the
PRODUCT prices as from the date of entry into force of this new rate.
The VAT rate applicable is expressed as a percentage of the value of
the PRODUCT sold.
The SELLER’s SUPPLIER prices may be subject to changes. Accordingly,
PRODUCT prices indicated on the WEBSITE may be amended. They also can be
modified in case of offers or special sales.
Prices indicated on the WEBSITE are applicable, except evident
mistake. The applicable price is the price specified on the WEBSITE at the date
when the order is placed by the CUSTOMER.
6.5. Products availability
The unavailability of a PRODUCT is in theory mentioned on the PRODUCT
page of the PRODUCT concerned. CUSTOMERS may as well be informed of the PRODUCT
assortment by TheSELLER.
In any case, should the unavailability be not mentioned at the date
when the order is placed, The SELLER undertakes to inform the CUSTOMER without
delay when the PRODUCT is unavailable.
The SELLER may, at the CUSTOMER’s request:
Either propose to ship all PRODUCTS together at the same time, once
the PRODUCT out of stock is available again,
Or to proceed with partial DELIVERY of the PRODUCTS available in first
place, then the remaining PRODUCTS out of stock will be shipped, once they are
available; this last proposal being subject to a clear information regarding
the additional shipment expenses that will be incurred.
Or to propose an alternative PRODUCT with equivalent quality and
price, and accepted by the CUSTOMER
Should the CUSTOMER decides to cancel his/her order of unavailable
PRODUCTS, he/she will obtain the reimbursement of the full amount paid for the
unavailable PRODUCTS within thirty (30) days starting from the date at which
the cancellation is required by the CUSTOMER.
The SELLER informs that deliveries are executed within maximum thirty
(30) days, starting from the date at which the CUSTOMER placed the order. In
default of The SELLER’s commitment, The SELLER should be obliged by the
CUSTOMER to deliver within a reasonable time and in case of non- delivery
within this time, he/she may terminate the contract.
The SELLER will reimburse to the CUSTOMER, without undue delay from
the date of receipt of the cancellation letter, the total amount paid for the
PRODUCTS, including taxes and delivery expenses, by using the same payment
method as the one used by the CUSTOMER to purchase the products online.
6.6. Offers and promotions
Welcome offer:
10€ offered on any first order with the code BIENVENUE10, without minimum purchase, on all non-discounted items. To take advantage of this offer, enter the code BIENVENUE10 at the time of payment. This code can only be used once and cannot be combined with other current offers.
Soft price : on a selection of summer items
Offer valid on trench-and-coat.com only, on a selection of items from the Spring-Summer 2023 collection, excluding exceptions and New Collection. Products concerned by the offer indicated on the site by round prices. Offer subject to availability while stocks last. Offer excludes all orders placed before Wednesday, august 2, 2023, 8:00am and after October 31st midnight. Cannot be combined with any other current promotional offers. The e-shop will present the commercial operations on French dates.
ARTICLE 7. RIGHT OF WITHDRAWAL
The provisions governing the right of withdrawal are provided in the «
withdrawal policy », available and accessible at the bottom of each page of the
WEBSITE through an hyperlink.
Withdrawal
principle
The CUSTOMER has in principle the right to send back the PRODUCT to
the SELLER or a third party appointed by the SELLER, without undue delay and
maximum fourteen (14) days following his/her withdrawal decision, unless The
SELLER propose to take back the product by himself.
Withdrawal period
The withdrawal period expires fourteen (14) calendar days after the
day when the CUSTOMER or a third party, other than the carrier, appointed by
the CUSTOMER, takes physically possession of the PRODUCTS.
Should the CUSTOMER has ordered several PRODUCTS together in one order
and subject to multiple shipments (or in the case of one PRODUCT order in
several lots), the withdrawal period will expire fourteen (14) calendar days
after the day when the CUSTOMER or a third party, other than the carrier,
appointed by the CUSTOMER, takes physically possession of the last PRODUCT
delivered.
Notice of the
right of withdrawal
To exercise his/her right of withdrawal, the CUSTOMER, must notify
his/her decision to withdraw from the contract herein by logging in his/her
CUSTOMER account and then access to the WEBSITE “Appendix 1” Withdrawal Form”.
To exercise his/her right of withdrawal, the CUSTOMER, must provide
his/her communication concerning the exercise of his/her right to withdrawal
before expiry of the withdrawal period.
Effect of the
withdrawal
In case of withdrawal from the CUSTOMER, the SELLER undertakes to
reimburse entirely the amounts paid, including shipment expenses within a
reasonable delay and in any case, not exceeding fourteen (14) days starting
from the date at which the SELLER is informed of the CUSTOMER will to withdraw.
The SELLER will proceed with the reimbursement by using the same
payment method as the one initially used by the CUSTOMER to purchase the
products, unless the CUSTOMER expressly requires another mean of payment, and
in any case, this reimbursement will not result in additional costs charged to
the CUSTOMER.
The SELLER may delay the reimbursement until the receipt of the
product or until the CUSTOMER has provided the proof of shipment, knowing that
the reference date is the date of receipt.
Return procedure
The CUSTOMER will, within a reasonable delay and in any case, not exceeding fourteen (14) days starting from the date at which he/she informed the SELLER of his/her decision to withdraw from the contract herein, send back the PRODUCT to the following address:
Lener Cordier
Service e- commerce
TRENCH & COAT
74 rue du milieu
59190 HAZEBROUCK
FRANCE
The delay is considered as met when the CUSTOMER sends back the PRODUCT before the end of the fourteen (14) day period.
The return of the product or its exchange must be made via the dedicated interface provided for this purpose here
Exchange procedure
Exchange of an item purchased from Trench & Coat : The exchange can be made only once for the same item in a different size or a product at the same price, subject to stock availability. Unless otherwise indicated, the exchange will be processed within a maximum of 20 days from the date Trench & Coat is informed of the customer's decision, provided that the product is returned in its original packaging, in new condition, unworn, unwashed, labeled, and properly folded. You will receive email notifications regarding the shipment of your product, as well as the shipping label. Upon receipt of your package and its acceptance, our logistics team will prepare the model you have chosen and send it to you as soon as possible. Exchanges are only possible within France and Europe. In metropolitan France and Europe, return costs are free. Return costs for products bought on marketplaces are at the customer's change.
For deliveries outside the European Union, customs fees may be applied and are the responsibility of the customer. Re-delivery costs are covered for one exchange per order number. If, after an exchange, the person requests a refund, the return costs will be deducted from the total amount to be refunded. If the buyer returns the items by their own means, it is strongly recommended to keep the tracking number until confirmation of receipt by Trench & Coat. In case of loss of the package by the carrier, this tracking number will be used as evidence.
Refund procedure
If the customer opts for a refund, Trench & Coat will reimburse the customer for the price of the product(s), unless otherwise specified, within a maximum of 20 days from the date of receipt of the items, La Poste tracking being proof, provided that the product is returned in its original packaging, in new condition, unwashed, unworn, labelled and correctly folded. If the product is returned in a condition that does not allow it to be sold again, it will not be reimbursed.
To obtain a refund, the customer must first complete the returns form available here. The procedure will then be specified by e-mail. The refund will be made using the same means of payment as that used for the initial transaction.
Returned product condition
The PRODUCT must be returned according to The SELLER instructions and
must include all related accessories delivered.
The CUSTOMER could be made responsible solely for the PRODUCT
depreciation resulting from PRODUCT handling other than those necessary to
state the nature, the characteristics and functioning of the PRODUCT. In other
words, the CUSTOMER may try the PRODUCT, but he could be made responsible if he
handles the PRODUCT beyond elementary handling.
Withdrawal rights
exclusion
The withdrawal right, linked with the PRODUCTS sold, is excluded in
the following cases :
●
Supplies of goods and services for which prices
depend on stock market fluctuation
●
Supplies of PRODUCTS made according to
specifications from the CUSTOMER or personalized
●
Supplies of PRODUCTS made that have worn at least
once by theCUSTOMER
●
Supplies of PRODUCTS made for which the labels,
price tags have been removed by the CUSTOMER
A withdrawal form is prepared for the purpose of withdrawal and
attached in APPENDIX 1
ARTICLE8. PAYMENT
8.1. Means
of payment
The CUSTOMER may pay his/her PRODUCTS on the WEBSITE by using the
means of payments proposed by The SELLER.
The CUSTOMER warrants to the SELLER that he/she has all authorization
required to use the payment mode chosen.
The SELLER will take all necessary measures to ensure the security and
the confidentiality of the data transmitted online as part of the online
payment on the WEBSITE.
In this respect, it is stated that all the information regarding
payment provided on the WEBSITE are transmitted to the bank WEBSITE and are not
processed in our WEBSITE.
8.2. Date
of payment
In Case of single payment by credit card, the CUSTOMER account will be
debited once the PRODUCT order is registered on the WEBSITE.
In case of partial delivery, the total amount will be debited from the
CUSTOMER account as soon as possible once the first parcel is shipped. Should
the CUSTOMER decide to cancel his/her unavailable PRODUCTS order, the
reimbursement will be processed in respect of article 6.5 of these General
sales terms and condition herein.
8.3.
Delayed or refusal of payment
Should the bank refuse to debit a credit card or other mean of
payment, the CUSTOMER will have to contact The SELLER in order to pay his/her
order by any other valid means of payment.
Assuming that for any reason, should it be stop payment, refusal of
payment or any other reason, the payment transfer from the CUSTOMER would be
made impossible and the order will then be cancelled and the sale automatically
terminated.
ARTICLE9. EVIDENCE
AND FILING
Any contract with a CUSTOMER corresponding to an order amounting to
over fifty (50) euros including VAT will be filed by The SELLER during five (5)
years.
According to GDPR law, the data are filed for five years.
THE SELLER accepts to file information in order to ensure tracking of
the transactions.
In case of dispute, The SELLER will be in a position to prove that his
electronic tracking system is reliable and that it guarantees the integrity of
transactions.
ARTICLE10. TRANSFER
OF OWNERSHIP
The SELLER remains the owner of the PRODUCTS delivered until he has
been paid in full by the CUSTOMER.
The above provisions do not hinder the transfer of risk to the
CUSTOMER, from the date of receipt by him/her or any third party appointed by
the CUSTOMER other than the carrier, in case of loss or damage to the PRODUCT
subject to retention title clause as well as the loss or damage that they it
may cause.
Article11. DELIVERYPOLICY
The delivery policy of the PRODUCTS is provided in the « Delivery
Policy » section and are accessible at the bottom of each page of the website
through an hyperlink.
Delivery zone
The PRODUCTS proposed online can be delivered only on the TERRITORY.
It is impossible to place an order for which the delivery address is
outside this TERRITORY.
The PRODUCTS are shipped to the delivery address(es) provided by the
CUSTOMER when placing the order.
Shipment delay
The delay under which the order is prepared and then invoiced, before
the PRODUCT available in
stock is shipped, is mentioned on the WEBSITE. This delay corresponds
to a timing excluding week ends and public holidays.
An e-mail is sent automatically at the time of shipment, provided that
the e-mail address registered in the form is correct.
Delay and
shipment expenses
During the order process, The SELLER mentions to the CUSTOMER the
shipment delay as well as the different shipment options proposed for the
PRODUCTS bought.
Shipment costs are offered for deliveries in Metropolitan France.
For shipments outside Metropolitan France, shipment costs are
calculated taking into account the weight, the destination and the delivery
method. These shipment costs will be paid by the CUSTOMER in addition to the
purchase price of the PRODUCT as mentioned after confirmation of the delivery
method in Step 4 of the payment process.
Delivery method
The parcel will be delivered to the CUSTOMER against the CUSTOMER
signature and subject to provide a proof of identity. Should the CUSTOMER be
not present at the time of delivery, a transit advice note will be left in
order to allow the CUSTOMER, getting the parcel in a post office or carrier
place.
Delay, Deliveries
and availability Problems
The CUSTOMER is informed of the delivery date when he selects the
carrier, at the end of the online order process and before confirming the
order.
The carrier undertakes the responsibility of the PRODUCT until its
delivery to the CUSTOMER. It is recalled
that the CUSTOMER has a three (3) days to notify to the carrier identified
during the delivery.
ARTICLE12. PACKAGING
The PRODUCTS are packed in compliance with transport standards in
force, in order to guarantee the best protection to the PRODUCTS during the
delivery. The CUSTOMERS undertake to abide by the same rules when he/she
returns the PRODUCT in a packaging at least equivalent to the packaging in
which it has been shipped by The SELLER.
The PRODUCTS shipped are folded in packaging which may differ
according to the size of the PRODUCT(S):
Non-rigid plastic bags (46.5 cm
length X 34.5 cm de width), for light and thin pieces
●
Small carton box with a closing system (41.5 cm
length X 52.5 cm width X 7.5 cm thick) for light and/or medium size pieces
Large carton box with a
closing system (57 cm length X 50 cm width X 12.5 cm thick) for heavy and large
pieces.
ARTICLE13. WARANTEES
13.1.
Guarantee ofConformity
THE SELLER is liable to deliver a compliant PRODUCT that is
appropriate to the use normally expected for a similar article and
corresponding to the description provided on the WEBSITE.
However, it should be noted that the color rendering of the PRODUCT
may differ from the color rendering of the photo showed on the WEBSITE.
This conformity implies as well that the PRODUCT shows qualities that
a buyer may legitimately expect taking into account the SELLER’s statement,
including advertising as well as product labelling.
In this context, the SELLER will be responsible for a lack of
conformity existing upon delivery as well as a lack of conformity resulting
from the packaging.
The actions resulting in the lack of conformity are prescribed after
two (2) years starting from the PRODUCT delivery.
In case of a lack of conformity, the CUSTOMER may require the
repairing or replacement of the PRODUCT depending on his/her decision.
However, should the cost resulting from the CUSTOMER’s decision be
obviously disproportionate compared to another possible option and taking into
account the PRODUCT value or the significance of the lack of conformity, the
SELLER may proceed with the reimbursement, without following the option chosen
by the CUSTOMER.
In the case where a replacement or repairing would not be possible,
the SELLER undertakes to refund the purchase price of the PRODUCT within ten
(10) days from the date of receipt of the returned PRODUCT and in exchange of
the returned PRODUCT by the CUSTOMER to the following address: Lener Cordier -
Service e-commerce TRENCH & COAT - 74 rue du milieu - 59190 HAZEBROUCK -
FRANCE
13.2.Warranty for
hidden defects
The SELLER is liable for the warranty for hidden defects in the
PRODUCT sold and which render it unfit for the use for which it was intended or
which diminish its usefulness in a such manner that the CUSTOMER would not have
bought it or would have offer a lower price if he/she had known it. (Article
1641 of the French Civil Code)
This warranty enables the CUSTOMER who can prove the presence of a
hidden defect to choose either the refund of the total price of the PRODUCT
when returns or the partial refund of the price of the PRODUCT if not returned.
In the case where a replacement or repairing would not be possible,
the SELLER undertakes to refund the purchase price of the PRODUCT within ten
(10) days from the date of receipt of the returned PRODUCT and in exchange of
the returned PRODUCT by the CUSTOMER to the following address: Lener Cordier -
Service e-commerce TRENCH & COAT - 74 rue du milieu - 59190 HAZEBROUCK –
FRANCE. The action resulting from redhibitory defect must be brought by the
CUSTOMER within a period of two (2) years following the discovery of the
defect. (Paragraph 1er the article 1648 of the French Civil Code)
ARTICLE14. RESPONSIBILITY
The SELLER’s responsibility can under no circumstances be held liable
in situations where the non- execution or poor execution of the contract is
attributable to the CUSTOMER, in particular when entering the order.
The SELLER shall not be held liable, or considered as having breached
the conditions herein when any delay or non-execution is due to force majeure
as retained by French courts and tribunals.
It is also stated that the SELLER does not control other websites
directly or undirectly linked to the WEBSITE. Therefore, the SELLER excludes
any responsibility, in respect of information published on
these other websites. The links to third parties’ websites are for
illustrative purpose only and no warranty is made for their content.
ARTICLE15. PROTECTION
OF PERSONAL DATA
The SELLER is committed to protecting personal data.
The SELLER is collecting CUSTOMER’s personal data on the WEBSITE,
including through cookies. Cookies are small files sent to the browser and
registered in the hard drive of computers, smartphone or digital tablet. They
register information related to the browser on the WEBSITE (like page views,
date and time you access to the site, etc.) that The SELLER will be able to
read in the future.
CUSTOMERS may deactivate these cookies by following the instructions
provided by their browser. Cookies are used by the SELLER over a maximum period
of thirteen (13) months. Beyond that period, the company requires the consent
of his customers.
The cookies policy is accessible at the following address:
https://www.trench-and-coat.com/fr/content/28-politique-cookies. The CUSTOMER
acknowledges having read the cookies policy.
The CUSTOMERS may at any time unsubscribe by logging into their
account or click on the hyperlink provided for this purpose at the bottom page
of each offer received by e-mail. Furthermore, the CUSTOMER may register to a
list protecting him from telemarketing on the website http://www.bloctel.gouv.fr.
Personal information of his CUSTOMERS may be stored, processed and
transferred by the SELLER to his sub-contractors and/or partners, including
outside the European Union, that will have access to this information solely in
strict conformity to applicable laws and regulations in force.
Furthermore, The SELLER undertakes to take appropriate organizational
and technical steps in order to guarantee a suitable level of security,
integrity and confidentiality of personal data and particularly to prevent them
from being deformed, damaged or become accessible to unauthorized third
parties.
According to regulation in force, the CUSTOMER benefits from a right
to access, correct, oppose (for legitimate reasons) and cancel these personal
data. The CUSTOMER may withdraw his/her consent at any time, when it
constitutes a legal base of data processing and this without affecting the
lawfulness of this processing founded on the consent prior to the withdraw.
The CUSTOMER may exercise that right by sending an email at the
following address: contact@lenercordier.fror by sending a postal mail to Lener
Cordier - Service e-commerce TRENCH & COAT - 39 rue de Merville - 59190
HAZEBROUCK - FRANCE. The customer must provide a copy of proof of identity
(identity card, passport or driving licence)
ARTICLE16. CLAIMS
The SELLER makes available to the CUSTOMER « a CUSTOMER call Service »
at the following number: +33(0)328429111 (not surcharged call in Metropolitan
France).
Any written claim from the CUSTOMER, will have to be sent to the
following address: Lener Cordier - Service e-commerce TRENCH & COAT - 39
rue de Merville - 59190 HAZEBROUCK - FRANCE.
ARTICLE17. INTELLECTUALPROPERTY
All items included in the website should it be visual or acoustic,
including underlying technologies used, are protected by the laws applicable to
copyright, trademarks and/or patents.
The items are the exclusive property of the SELLER. Any individual
that would publish a WEBSITE must ask the written authorization of the SELLER.
This authorization from the SELLER will by no means be granted once
and for all. The link will have to be cancelled at the SELLER’s request. The
hyperlinks towards the WEBSITE that use technics like framing or in-line
linking are strictly forbidden.
ARTICLE18. GENERAL
SALES TERMS AND CONDITIONS VALIDITY
Any change in the laws or regulation in force, or any decision from a
competent court that would invalidate one or several clauses of the General
Sales Terms and Conditions herein would not impact the validity of these
General sales Terms and Conditions. Such a modification or decision does not
authorize any CUSTOMER to ignore the General Sales Terms and Conditions in
force.
All conditions not specifically written in these General Sales Terms
and Conditions are governed according to accepted business to customer
practice, for Companies having their head office in France.
ARTICLE19. CHANGE
IN GENERAL SALES TERMS AND CONDITIONS
The General Sales Terms and Conditions set forth herein apply to all
purchases made online on the WEBSITE, as long as the WEBSITE is available
online.
The General sales Terms and Conditions are dated with precision and
may be modified or updates by The SELLER any time. The General sales Terms and
Conditions applicable are the one in force when placing the order.
The modifications brought to the General Sales Terms and Conditions
will not apply to PRODUCTS already purchased before the publication of the modified
General sales Terms and Conditions.
ARTICLE 20.
LAW AND JURISDICTION
The General Sales Terms and Conditions set forth, as well as the
relationships between the CUSTOMER and the SELLER are governed under French
Law.
In case of dispute, the competent jurisdiction will be the one to
which the head office of the company Lener Cordier S.A. belongs, that is
Dunkerque, as the contract has been set by the head office of the company Lener
Cordier SA.
However, when a conflict related to this contract, including its
validity arises, before recourse to the judge, a mediation will be privileged,
with a spirit of good faith and fair dealing in order to reach a gentleman’s
agreement.
The party wishing to launch a negotiation process, will have to inform
the other party by registered letter with an acknowledgement of receipt and
detailing the elements of conflict.
Should the parties would not reach to an agreement after fifteen (15)
days, then the conflict shall be referred to the competent jurisdiction as
designated below.
During the entire process of negotiation and until its outcome, the
parties shall not permit any legal action against one another and this in
relation with the conflict subject to negotiation. By exception, the parties
are authorized to seize the urgent-application court (“Juge des référés”) or to
ask for the sentence of an order on request.
A potential action, in the urgent-application court or the demand for
sentence of an order on request does not involve the enunciation by both
parties to the mutual agreement clause, unless the parties expressly provide
otherwise.
To the attention of:
LENERCORDIER
39 rue de Merville,
59190 Hazebrouck,
France
Phone : +33(0)328429111,
email : contact@lenercordier.fr
I / We (*) hereby notify you my / our (*) withdrawal from the contract
for the sale of the product below: Ordered on:
……………………………………………………………………………………………………
Reference of the product received:
………………………………………………………………………………
Received on:………………………………………………………………………………………………………
Address of the customer(s):……………………………………………………………………………………..
……………………………………………………………………………………………………………………….
……………………………………………………………………………………………………………………….
……………………………………………………………………………………………………………………….
E-mail contact: …………………………………………………………………………………………………….
Telephone: ……………………………………………………………………………………………….
Reason(s) for withdrawal request:
……………………………………………………………………………………………………………………….
……………………………………………………………………………………………………………………….
……………………………………………………………………………………………………………………….
Date: ………………………………….
Signature of the customer(s):
(In case of
notification of this form by letter)
* Delete as
appropriate
