CONDITIONS OF SALE


Preamble

The company Linge au Coeur publishes an e-commerce Site, which can be accessed via the Internet at the following address: http://www.lingeaucoeur.com (hereafter “the Site” or “Linge au Cœur Site”).
The present General Terms and Conditions of Sale are applicable to any purchase made on the Linge au Coeur Site, which for the purposes thereof acts as distributor. Pursuant to the present terms and conditions, it is agreed that Linge au Coeur may also be termed “Seller” or « Linge au Cœur », the Site user is termed « User » and the User who placed an order is termed « Buyer ».
The User and Linge au Coeur will be collectively termed “the Parties”, and individually termed “Party”. Once the User has placed an order, the User will be termed “Buyer”. The User’s rights and obligations necessarily apply to the Buyer. A User who wishes to make purchases on the Linge au Coeur Site, confirms that s/he is legally capable of committing to the present General Terms and Conditions of Sale.
The products offered for sale by the Seller on the Site are called "Products".

Any order placed for a Product offered on the Linge au Coeur Site implies that the present General Terms and Conditions of Sale have been read and agreed to, without this acceptance requiring a hand-written signature from the User. In compliance with legal provisions, it is noted that placing an order constitutes an electronic signature, as specified in Article 4.4 below. This signature has the same value for the Parties as a hand-written signature and is proof of the integral nature of the order, as well as of the required payment of amounts due in processing the said order.

Article 1. – Purpose

The purpose of the present General Terms and Conditions of Sale is first, to inform any potential Buyer of the conditions and modalities according to which the Seller proceeds with the sale and delivery of Products ordered, and second, to define the rights and obligations of the Parties within the context of the sale of Products by the Seller to the Buyer.
They apply without restriction or reservation to all sales by Linge au Coeur of the Products offered on its Site.
Therefore, ordering a Product offered for sale on the Linge au Coeur company’s Site implies the full acceptance of the present General Terms and Conditions of Sale, which the Buyer recognises having read prior to placing the said order.

Orders placed on the Linge au Coeur Site are reserved for individuals and businesses "final buyers" other than for resale. Resale or distribution of the Linge au Coeur Products purchased on the Site is strictly prohibited.

Article 2. – Company Details

Name and type of company: LINGE AU CŒUR SAS
Address: 2, rue de Valois – 75001 Paris - France
Company registry: Paris B 562 048 561
Intra-community VAT: FR30562048561
Directors of the Publication: Madame Pascale Duchenoy et Monsieur François Duchenoy
Mail du service client : eboutique@lingeaucoeur.com
Hébergeur : OVH

Article 3. - Site Access

The Buyer is responsible for the IT means necessary to access the Site.
The Buyer is responsible for all telecommunication expenses for accessing the Internet, and for using the Linge au Coeur Site.

Article 4. - Contract and Order Process

4.1. Prices

Online Product prices on the Linge au Coeur Site are indicated in Euros, inclusive of tax, and are the prices applicable when the order is placed by the Buyer. They do not include order processing and shipping costs, which are invoiced in addition to the price of the Products purchased, and according to the total order amount. Packaging and shipping costs will be indicated prior to the Buyer’s placing the order.
For every order, Products will be invoiced on the basis of the prices applicable at the time the order is placed. Prices include the value added tax (VAT) applicable on the day of the order, and any change in the applicable rate will be automatically added to the price of the Products sold on the Site. Linge au Coeur may modify Product prices at any time. The Buyer will be notified of any modification before any order is processed.
Products remain the property of Linge au Coeur until paid for in full.

4.1.1 Special Cases of Orders Shipped Outside of the European Union:

In the case of an order shipped to a country outside of the European Union, the Buyer is the importer of the Product or Products in question. For all Products expedited outside of the European Union and French Overseas Departments and Territories (DOM-TOM), prices will be automatically calculated excluding tax on the invoice. Customs duties or any other local taxes, import rights, or state taxes may be payable. Linge au Coeur is not responsible for these duties and amounts due. They will be at the Buyer’s expense, and the Buyer is fully responsible for these taxes and duties, both in terms of the declarations as in terms of payments to the authorities and other competent entities in the Buyer’s country. The Buyer is also responsible for obtaining information as to any potential import restrictions on Products that the Buyer intends to order, and LINGE AU COEUR shall assume no liability in this regard.

Professionals who wish to place an order should contact in advance with Linge au Coeur by e-mail or telephone. The procedure will be specified. The orders which will be placed directly on the Site without prior contact will not qualify for discount, regardless of the amount of the order.

4.1.2. Special Cases of Orders Shipped Within the European Union:

The price calculated includes tax. Professionals with a European VAT number, who wish to be exempt from VAT, must first contact Linge au Coeur by e-mail or telephone. The required procedure will then be specified. Orders made directly on the Site without prior contact may not benefit from VAT exemption, even if the Buyer provides a European VAT number.

4.2. Product Characteristics

In compliance with Article L. 111-1 of the French Consumer Code, Buyers can obtain information on essential characteristics of the Product(s) the Buyer wishes to order from the Linge au Coeur Site prior to placing an order. The Buyer selects one or several Products from among the various categories offered on the Linge au Coeur Site. The Buyer, who is informed as to the Products and their characteristics as sold by Linge au Coeur, is solely responsible for selecting Product(s), according to the Buyer’s needs as determined prior to placing an order, which are subsequently included in the Buyer’s order. Available Product photographs, graphics and descriptions are merely indicative, and do not in any way engage the liability of the Seller. Should the supplier modify a Product, the graphic representation of the said Product does not in any way engage the liability of the Seller, nor does it affect the validity of the sale.

4.2.1 Product dimensions

Fibers used by Linge au Coeur for the manufacture of its products for sale on the Linge au Cœur Site are natural, they can reduce the first wash with a withdrawal of about 5%.

4.2.2 Product information and fabric care

Information, usage tips, practical advice on products manufactured and distributed by Linge au Coeur, provided on the Site or by e-mail in response to a question electronically sent by a Buyer, are indicative.

4.3. Orders

Orders are placed exclusively through the Site: https://www.lingeaucoeur.com/boutique
Any order implies agreement, without restriction or reservation, to the present General Terms and Conditions of Sale.
The User can freely browse the different Site pages, without being committed to placing an order.
Should a Buyer wish to place an order, the said Buyer will select different Products that the Buyer is interested in, and will indicate this interest in purchasing the item(s) by clicking on “Add to basket”.
The User may at any moment:

  • Obtain a summary of Products selected by clicking on “My Basket",
  • Continue to select Products by clicking on “Continue Shopping”,
  • Finish selecting Products and ordering the said Products by clicking on “Checkout”

To order the Products the Buyer has chosen, after having clicked on “Place My Order”, all Buyers must identify themselves, either by entering their email address and password if the Buyer has previously placed an order with Linge au Coeur, or by filling out the appropriate form in the case of a new customer. As a new customer, the Buyer will have to complete the form provided, and must specifically provide information on the Buyer’s identity, namely the Buyer’s name, address and e-mail address.
The Buyer is notified and accepts that entering the sign-on information (e-mail address and password) acts as proof of the Buyer’s identity and consent. Once the Buyer is identified, the Buyer will have to confirm the delivery address and then an order form will appear on the screen, summarising as follows: the type, quantity and price of the Products selected by the Buyer, as well as the total amount of the order, the Buyer’s exact coordinates, and the delivery address for the Products.

4.4. Placing an Order

-Placing the order implies acceptance of these General Terms and Conditions of Sale.
After being notified of the order status, and once the Buyer has completed all of the required information, the Buyer will click on “Select Your Choice of Payment” to definitively place the order. The Buyer must provide a credit or debit card number, as well as the type of card, the card’s expiration date, and the card code verification number (3 or 4 numbers on the back of the card).
With an immediate card payment as specified in Article 8 below (this is the only payment method offered by Linge au Coeur on its Site) the User will make a payment via the Linge au Coeur Site using the bank’s EPT system (Electronic Payment Terminal). The Linge au Coeur Site has encryption security provided by the sage pay system in order to effectively protect all payment related data. As such, the Buyer’s bank data will be retransmitted to the bank, which also uses encryption security, and at no time will the Buyer’s bank details transit on the Linge au Coeur IT system. Linge au Coeur therefore exonerates itself from responsibility in this regard.
On placing the order, the Buyer’s order is registered in the system and becomes irrevocable, without prejudice to the provisions of the article 9.1 below. The purchase order will be registered in the Linge au Coeur IT systems, which are in turn maintained on a reliable and durable support, and will be considered proof of the contractual relationship agreed between the Parties. The conservation of these data will be conducted in accordance with legal provisions.

4.5.Order Confirmation

Once the Buyer has confirmed payment (especially by providing the card number and expiration date), an order summary will be sent to the Buyer by e-mail, to the e-mail address indicated by the Buyer when placing the order. This confirmation will include all constitutive elements of the contract that has been concluded between the Parties. The sale will only be considered definitive after Linge au Coeur has sent the Buyer the order confirmation, and after Linge au Coeur has received payment for the full amount. Linge au Coeur advises Buyer to keep this information in either a paper or electronic format.

Article 5. – Availability

Products offered for purchase by Linge au Coeur are valid, insofar as stock is available.
Linge au Coeur reserves the right to modify the variety of Products.
Should a Product become unavailable after the Buyer has placed an order, (stock error, discontinued Product), Linge au Coeur will inform Buyer thereof by e-mail.The Buyer will then be able to choose:

  • reimbursement for the unavailable Product(s) within a maximum period of 30 days
  • the replacement of the missing Product by other Products of the Buyer’s choice of an equivalent value, as well as a goodwill discount. This measure will not be approved until having received a response from the Buyer.

Article 6. – Delivery

6.1 Delivery Address

Products will be dispatched to the delivery address indicated by the Buyer upon placing the order.
In the event of the Buyer’s absence at the time of delivery at the address indicated by the Buyer, two new delivery attempts will be made by our transporter. The successive notices will normally be left in the post box. The Buyer must then contact the transporter to agree on a new delivery date or a new delivery address. Failing a successful delivery at the address indicated, it will then be possible to collect the parcel at the transporter delivery service’s office.
Should the time frames indicated above be exceeded, the parcel will be sent back to Linge au Coeur. The Linge au Cœur Customer service will then make contact with the Buyer in order to organise the eventually re-delivery of the parcel, at the Buyer own expense. All deliveries are notified by electronic mail.

6.2. Delivery Time Frame

The maximum delivery time frame is 15 working days from ordering the Product, unless specifically stated otherwise and indicated to the Buyer prior to the Buyer’s placing the order, as well as prior to the definitive confirmation of the said order. In this case, Linge au Coeur will provide the Buyer with an estimated delivery time frame.
This time frame will be stated in the order summary as well as in the order tracking service on the Site.
Orders are shipped within three working days of the order being confirmed online. Orders confirmed on Friday are shipped on the following Tuesday. Orders confirmed on Saturday are shipped on Wednesday, and orders confirmed on Sunday are shipped the following Wednesday. This applies except for bank holidays, in which case orders will be expedited the following working day.
Delivery time frames indicated above are valid under normal service conditions and for shipments made using the UPS company which is the Seller’s transporter.
To estimate delivery time you can visit UPS's website :
https://www.ups.com/content/fr/fr/shipping/cost/zones/index.html?WT.svl=SubNav
If processing the order (particularly due to the weight of the parcel(s)…) requires a particular haulage solution, then delivery time frames will be specified to the Buyer on the order confirmation. If these time frames are unsatisfactory to the Buyer, the Buyer will then be able to cancel the order.
In the event of a strike by the delivery service, by road haulage companies (generally any disruption due to social reasons), or climate incidents, delivery time frames may be extended, without engaging the liability of Linge au Coeur.

The above UPS delivery time frames are given for information only and does not bind the Seller for any reason whatsoever.

6.3. Partial Deliveries

The Buyer will be informed by e-mail of any partial delivery of an order. A second e-mail will inform the Buyer of the delivery of the other Products ordered. In the case of a partial delivery, a delivery slip will be included in the parcel summarising the Products included in the said parcel.

6.4. Completed Delivery

Every delivery is deemed complete as soon as the transporter provides the Buyer with the required Product, which is confirmed by the transporter’s verification system. Without prejudice to the time frame the Buyer disposes of in light of the Buyer’s right to withdrawal, as defined in Article 9.1 below, the Buyer must verify shipments upon arrival and make any reservations and claims that seem justified, and even refuse the parcel, if the parcel has been opened, or shows marked signs of deterioration. The said reservations and claims must be addressed to the transporter by registered letter with return receipt requested, within three working days from receiving the products, a copy of which must be immediately addressed to Linge au Coeur.

Article 7. – Fixed participation fees for processing and shipping

For each order, it is called a participation fee that includes shipping, packaging and order processing.

Fixed participation fees for processing and shipping by areas :

  1. Metropolitan France and Monaco : 15.00 € incl. tax.
  2. Belgium, Luxembourg and Netherlands : 20.00 € incl. tax.
  3. 3- Germany, Andorra, England, Austria, Denmark, Scotland, Spain (except Canary Islands, Ceuta and Melila), Northern Ireland, Italy, Wales, Portugal (excluding Azores and Madeira) and the Republic of Ireland : 35.00 € incl. tax.
  4. Bulgarie, Estonie, Finlande, Grèce, Létonie, Lituanie, Roumanie, Suède : 55.00 € TTC
  5. Other countries : 80.00 € incl. tax.

Basket Buyer's default indicates the fixed participation fee for processing in metropolitan France. If the Buyer chooses another country of delivery, the basket is automatically updated with the amount of the fixed participation fee for processing corresponding to the destination of his choice.

This participation is waived by the Linge au Coeur depending on the amount of purchase and shipping area:

  1. Metropolitan France and Monaco : fees are waived for a purchase of 150.00 € incl. tax. or more,
  2. Belgium, Luxembourg and Netherlands : fees are waived for a purchase of 250.00 € incl. tax. or more,
  3. Germany, Andorra, England, Austria, Denmark, Scotland, Spain (except Canary Islands, Ceuta and Melila), Northern Ireland, Italy, Wales, Portugal (excluding Azores and Madeira) and the Republic of Ireland : fees are waived for a purchase of 350.00 € incl. tax. or more,
  4. Other countries : fees are waived for a purchase of 800.00 € incl. tax. or more.

In this case, if the Buyer has not reached the threshold required information on its, flat fee is automatically entered into the basket (depending on the selected destination).
In case of re- shipping, the particpation fee will not be waived again.
Customs taxes and charges are the resposability of the Buyer for all orders where delivery abroad. For more information, the Buyer shall check the customs website.

Article 8. – Payment

Credit and debit cards are the only payment method available on the Linge au Cœur website.
The amount due by the Buyer is the amount indicated in the order confirmation as communicated by Linge au Coeur to the Buyer by e-mail.
Full payment must be made upon the Buyer’s placing the order. At no time may sums paid be considered deposits or instalments.
All orders are payable in Euros. Payment for purchases is made via the sage pay system, which enables card payments. We currently accept the following cards: Visa, MasterCard, American Express. Payments are secured by the E-Transaction solution, in coordination with the Seller’s bank. In compliance with current regulations, and in order to ensure information security and confidentiality, Linge au Coeur does not keep its Buyer’s bank details. The Buyer is therefore responsible for recording and printing the payment confirmation should the Buyer wish to retain its bank and transaction details.
In all cases, Linge au Coeur reserves the right to refuse any order or delivery in the event of the following: existing litigation with the Buyer, full or partial non-payment of a previous order by the Buyer, banks having denied a card payment authorisation, non-payment or partial payment. Linge au Coeur cannot in these circumstances be held liable for its refusal.
In the context of the fight against online fraud, information relative to the order may be transmitted to any authorised entity for verification.

Article 9. – After-Sales Service – Buyer Protection

9.1. Withdrawal Period

In compliance with Article L. 121-20 of the French Consumer Code, the Buyer has a period of forteen full days from the date of receiving the products, to return the Products ordered for reimbursement, at the Buyer’s own expense. Should the Buyer wish to exercise the above mentioned right to withdrawal, the Buyer is asked to contact Linge au Coeur. Products must imperatively be returned to Linge au Coeur in a perfect resale condition, in their original state (packaging, accessories, tag...), duly sealed and accompanied by a copy of the invoice, to the following address:
Linge au Coeur
56 Rue Victor Hugo – 92270 Bois Colombes – France

Linge au Coeur will never accept the return of Products that have been opened, whose packaging has been damaged, or that do not include a copy of the invoice.
If the above mentioned conditions are fulfilled, Linge au Coeur will reimburse the Buyer of the amounts paid by the Buyer, within a period of fifteen (15) days counting from Linge au Coeur’s receipt of the parcel (Linge au Coeur’s reception date acts as notification to Linge au Coeur of the Buyer’s exercising the right of withdrawal). However, the Buyer remains responsible for all shipping costs and costs incurred in returning the Products to Linge au Coeur. To contact Linge au Coeur’s customer service department and exercise the right of withdrawal, the Buyer must send an e-mail within the above-specified time frame to the following e-mail address: eboutique@lingeaucoeur.com
If the address provided by the Buyer is incorrect, or the parcel was delayed, the transporter will return the parcel to the sender. Linge au Coeur will alert the Buyer thereof as soon as possible. A second delivery may be authorised, at the Buyer’s own expense. If the Buyer prefers to cancel the order, the order will be refunded, excluding shipping costs.

9.2. Exceptions to the right of refunds

In accordance with Article L.121-20-2 of French Consumer Code, the Buyer cannot exercise his right of withdrawal on goods made to measure by order according to specifications or substantially customized.

9.3. Lost Parcel / Non-Delivered Parcel

In the event of a lost parcel, the Buyer must contact the transporter UPS’s customer service department, whose contact information is listed on the delivery e-mail previously sent to the Buyer. The goods are insured up to the declared value.

9.4. Defective or Damaged Products

In the event of a claim concerning Product quality, Linge au Coeur will proceed with all necessary verifications and will, if necessary, ask the Buyer for information or useful photos. Following this process, Linge au Coeur will be able to respond either favourably or unfavourably to the Buyer’s claim. In the event of a favourable response, Linge au Coeur will exchange the apparently defective or damaged Product(s).
In this case, the Buyer must contact Linge au Coeur. No Product return or replacement will be accepted after a period of one month following the order.
The goods are insured up to the declared value.

9.5 Exchanges

The Buyer shall have a period of 30 days to exchange a Product (from the date of receipt of its Products). After this period, the Products delivered are deemed compliant and accepted by the Buyer and Linge au Coeur reserves the right to refuse the exchange.
The Products must not have been used, be in their original packaging and accompanied by a copy of the packing slip and the reason for the return.

In case of exchange, the costs of returns are at the Buyer’s own expense.

In the case of a stock about the product exchange and borne by the company Linge au Coeur, the Buyer will be reimbursed and compensated by a purchase and shipping will be refunded if they had not been offered.
For obvious reasons it is impossible to sell a Produit tailor-made to another Buyer, bespoke items can not be returned or exchanged, except in the case of quality problem.

Article 10. - Reimbursement

The reimbursement of Products as specified in Article 9 will be made within the best possible time frames, and at the latest within 30 days following the date by which the Buyer invoked the right of withdrawal. Linge au Coeur will proceed with the Reimbursement, by crediting the card that was used to pay for the Products.

Article 11. – Legal Guarantee

In the event of the delivery of a faulty Product or a Product with a hidden flaw, Linge au Coeur will either reimburse the Buyer for the price of the Product, or exchanging the Product for an identical Product, depending on available stock, or exchange the Product for a Product of an equivalent quality and price, depending on available stock, according to the Buyer’s choice.
Product shipping costs and return shipping costs to Linge au Coeur are at the Buyer’s expense. For any request of this type, the Buyer must contact Customer Service. These provisions are not exclusive of the right of withdrawal.

It is clarified that the Seller does not warrant that the Product respond to a specific need of the Seller, the latter being responsible for the suitability of the Product purchased on the destination he intends to give.

Article 12. – Modification of the General Terms and Conditions of Sale

Linge au Coeur reserves the right to modify the present General Terms and Conditions of Sale. Any new version of the terms and conditions will be signalled in advance on the first page of the section entitled General Terms and Conditions of Sale. Buyers who do not wish for their contractual relationship with Linge au Coeur to be governed by the new version of the General Terms and Conditions of Sale applicable to any new order, will have to clearly notify Linge au Coeur thereof and, counting from the date upon which the new version takes effect, they will have to cease using Linge au Coeur’s services.

Article 13. – Linge au Coeur’s Liability

Linge au Coeur will in no case be liable vis-à-vis the Buyer or any third party for any indirect, incidental, special or incidental - which includes, without limitation, any loss of profit, revenue or other consequential loss resulting from the sale of products.

Linge au Coeur disclaims all liability, either tort or criminal, which could result from the improper use of the Products sold, or for damages, liability for which lies with the supplier of the Product in question. Linge au Coeur reserves the right to withdraw or modify any content published on its Site, for legal or technical reasons. Photos and Site content are non-contractual, and provided for illustrative purposes only.
Linge au Coeur cannot be held liable for a breach of contract in the event of a Product shortage or unavailability due to force majeure, disruption, of the total or partial strike of delivery services and means of transportation and/or communication.
Will be considered as force majeure the events that fulfil the criteria determined by the case law of the Court of Cassation.
The Parties agree that they will have to work together, in the best possible time frame, in order to jointly determine the modalities for fulfilling the order throughout the duration of the force majeure
Linge au Coeur Site also contains information from third parties, and links to other websites. Linge au Coeur is not in any case liable for damages resulting from the use, access to, or impossibility of using this third party information, nor is it liable for the content of other websites.

Article 14. - Applicable Law - Disputes

The present contract is subject to French law. The present General Terms and Conditions of Sale are drafted in both French and English and will be executed and interpreted according to French law. In the event of a dispute, the Buyer and Linge au Coeur agree before any legal action to try and reach an amicable settlement. Failing this, the competent court of law is that of the defendant’s domicile or, in accordance with the defendant’s choice, the location of the delivery made.

Article 15. –Full text

In the event that one or more of the clauses in this contract be declared null and void through a change in legislation, regulation or through a judicial decision, this will have no effect whatsoever on the validity and adherence to these standard terms and conditions.

Article 16. – Intellectual property

All aspects of the Linge au Coeur Site are and remain the exclusive intellectual property of Linge au Coeur. No one is authorised to even partially reproduce, exploit, diffuse or use any aspect of the Site (whether software, visual or audio) for any purpose whatsoever.
Any simple link or hypertext is strictly forbidden without prior written agreement from Linge au Coeur.