These general terms and conditions of sale (hereinafter the “General Terms and Conditions”) govern any sale of Products made by LSee SAS, a simplified joint stock company with a capital of €1,148.60, registered with the Ajaccio Trade and Companies Register under No. 809 569 254, whose registered office is located at 4 avenue du Mont Thabor, Immeuble Castellani, 20090 Ajaccio (hereinafter “LSee”).
The company LSee markets electronic meters for monitoring glycerol and consumable products (strips) intended for use with the Product “LSee meter”.
Governed by Articles L.111-1 et seq. of the French Consumer Code, these general terms and conditions of sale determine the rights and obligations of the parties. By the mere fact of validating his order on the website accessible at the address “www.lsee.com”, the user declares that he has read, understood and accepted without reserve the terms of the said order as well as the entirety of these general terms of sale.
1 – Definitions
Throughout the remainder of these terms and conditions and any other related contractual documents, capitalized terms shall have the following meanings in the singular and plural:
- « Customer » : refers to the professional, non-professional or consumer having placed an order for a product sold on the www.lsee.com website.
- « Contract » : the present general conditions and the Particular Conditions, signed by the Customer.
- « Products » : designates the material things that can be appropriated and which are offered for sale on the present Internet site www.lsee.com.
- « Party » : LSee and/or the Customer ;
2 – Object
The present General Terms and Conditions of Sale determine the rights and obligations of the parties worldwide within the framework of the online sale of Products offered on the website www.lsee.com and are systematically communicated to the Customer upon request.
These General Terms and Conditions of Sale (GTC) govern the sales of Products made through the LSee website and are an integral part of the Contract between the customer and LSee. In particular, they specify the conditions of Order, payment, delivery and management of any returns of Products ordered by the Customers. They are fully enforceable against the Purchaser, who has accepted them before placing an order.
LSee reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The general terms and conditions of sale then applicable are those in force at the date of payment of the order. The General Terms and Conditions of Sale can be viewed on the LSee website at the following address: www.lsee.com.
LSee ensures that their acceptance is clear and without reservation by putting a checkbox and a validation click in place. The Customer declares that it has read all of these General Terms and Conditions of Sale and accepts them without restriction or reservation.
The validation of the Order by the Customer constitutes acceptance without restriction or reserve and prior full and complete adherence to the General Terms and Conditions of Sale.
The main characteristics of the Products and in particular the specifications, illustrations and capacity indications of the Products are presented on the Site. It is up to the Customer to take them into account before purchasing.
To place an order on the Website, it is imperative to be of legal age and capable, i.e. legally considered as authorized to enter into a contract. The Customer acknowledges having the required capacity to contract and acquire the Products offered on the Website.
3 – Price
Unless otherwise stated in writing, the prices appearing on the website and the online store are prices in euros, all taxes included (TTC), including the VAT applicable on the day of the order and other taxes applicable on the day of the order, and excluding specific shipping costs.
Each order will be the subject of an invoice drawn up in accordance with the regulations in force, and which will be given to the Customer.
In the event of an order to a country other than metropolitan France, the price is calculé́ excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of LSee. They will be charged to the Customer and are the Customer’s responsibility (declarations, payment to the competent authorities, etc.). As such, LSee invites the Customer to inquire about these aspects with the corresponding local authorities.
LSee reserves the right to modify its prices at any time, but the Product will be invoiced on the basis of the price list in effect at the time of validation of the order and subject to availability.
4 – Features and compliance
The Customer acknowledges having been fully informed of the characteristics of the Products sold on the LSee website prior to ordering.
The Customer is invited to read any information attached to the Products or carried on them or their packaging, in particular information related to possible precautions for use, conditions and restrictions of use.
In particular, the Customer acknowledges that it is aware of all safety warnings, risks and precautions to be taken in connection with the use of LSee Products.
In particular, the Customer undertakes not to change, disassemble or modify the Products in any way whatsoever, nor to authorize anyone to do so, without the prior written consent (in particular by e-mail or mail) of LSee.
The Customer agrees not to use the Products supplied for purposes other than those specified in this Agreement or in the documentation and instructions for use.
The Products offered on the LSee website are manufactured or produced in compliance with the applicable Community regulations. They comply with the standards, laws and regulations applicable to them.
5 – Orders
The Customer must pay the price of the order indicated on the www.lsee.com website. The order will only be constituted upon receipt by LSee of full payment by the Customer and will be confirmed to the Customer by LSee at the time of validation.
LSee reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of a difficulty concerning the order received.
LSee reserves the right to suspend, delay, cancel or not follow up on an order in the event of force majeure, or for legitimate reasons, particularly in cases where the quantities ordered are abnormally high or abnormally low, or in the event of insufficient stock, it being up to LSee, in these cases, to notify the Customer as soon as possible and to reimburse the Customer if a payment has already been cashed, without the Customer being able to request any compensation on this count.
6 – Payment
The Customer makes his payment from the website www.lsee.com by credit card.
The Customer guarantees to LSee that it is the holder of the payment method used to pay for the order and that it has sufficient funds to cover the payment of its order in full.
Unless specifically agreed to by LSee, the order will only be considered to have been placed once the payment has been received by LSee. Any payment is due before the delivery of the LSee Device or the Product.
In the event that LSee is unable to debit or collect the sums due in settlement of the order, for any reason whatsoever, the order may be cancelled, without prejudice to any damages that LSee may request to compensate for its loss.
7 – Retractation
In accordance with the legal provisions in force, the Customer has a period of fourteen (14) clear days from receipt of the Product(s) to exercise its right of withdrawal from LSee, without having to justify its reasons or pay a penalty, for the purpose of exchange or reimbursement, provided that the Product(s) is (are) returned in their original packaging and in perfect condition within fourteen (14) days following the communication of its decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories …) allowing them to be put back on the market in new condition. Damaged, soiled or incomplete Products are not accepted.
The Customer has a right of withdrawal, except for the contracts mentioned in Article L. 221-28 of the Consumer Code.
To exercise this right of retraction, the Customer has up to fourteen (14) days after receipt of his Order to inform LSee by e-mail of his decision to retract at email@example.com. The Customer must then return the Product(s) in its (their) original packaging, at its (their) expense, within fourteen (14) days following the communication of its decision to retract, at the following address LSee, 4 avenue du Mont Thabor, 20090 Ajaccio.
When the fourteen (14) day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day.
If the Product(s) are not returned within the fourteen (14) day period, the Order shall be deemed final and no refund shall be made.
If the aforementioned conditions are met, LSee will reimburse the Client for the totality of the amounts paid by the Client, as soon as possible and at the latest within fourteen (14) days following the date on which the Company was informed of the Client’s decision to retract. LSee reserves the right to postpone the reimbursement until the date of recovery of the Product(s). The initial delivery costs are included, except for the return costs which remain at the Client’s expense.
8 – Delivery
LSee will be free to choose its carrier, and will make its best efforts to send the Products to the Customer as soon as possible.
The delivery charges applied to the Order depend on the Order and the transport costs specific to each delivery.
LSee shall in no way be held liable for any indirect or consequential damages, whatever the cause thereof, resulting from the loss or damage to the shipment of the Products by the shipping company to the Customer, nor for any direct or indirect financial consequences resulting therefrom.
The Customer will be notified by LSee of the date of shipment of the order. LSee undertakes to make its best efforts to deliver the Product(s) ordered by the Customer as soon as possible, these deadlines being communicated for information purposes only. In the event of a delay in shipment, an email will be sent to the Customer to inform it of a possible consequence on the delivery time that was indicated when the order was confirmed.
The delivery will then be made to the place indicated by the Customer at the time of the order. It is up to the Customer to ensure that the order can be received by himself or any person present at his delivery address.
In the event of a delay in delivery of more than thirty (30) days in relation to the initial scheduled date, the Customer may cancel his order by written request under the conditions provided for in Articles L. 216-2, L. 216-3 and L. 241-4 of the French Consumer Code. A refund of the sums paid for the undelivered Product(s) and shipping costs will then be made within fourteen (14) days.
In the event that the package is returned to LSee, for any reason whatsoever, through the fault of the Customer (particularly in the event of an incomplete delivery address, failure to retrieve the package, a missing entry on the letterbox, etc.), the reshipment of the Products will be subject to the Customer paying the new related delivery charges.
If the person receiving the order has mistakenly refused the package, the Customer may request its return by first paying the postal charges for the new shipment. Postal charges must be paid by the Customer.
The Customer or the person receiving the order may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, missing Product compared to the delivery note, damaged package, damaged Product…).
Any anomaly must then imperatively be indicated on the delivery form, in the form of handwritten reserves, accompanied by the signature of the Customer or the person receiving the order.
To exercise his right of refusal, the Customer or the person receiving the order must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods.
If the Customer fails to comply with these requirements, the Customer will not be able to exercise its right of refusal, and LSee will not be required to accede to the Customer’s request to exercise its right of refusal.
If the Customer’s package is returned to LSee, the latter will contact the Customer upon receipt of the returned package to ask the Customer what action to take with respect to its Order. A refund may be made within fourteen (14) days if the Customer so requests.
9 – Transfer of Ownership and Risk
Ownership of the Product(s) is transferred by the full payment of the Product(s) by the Customer.
Any risk of loss, theft or damage of the Product(s) is transferred to the Customer upon signature of the delivery note or receipt of the Product(s), if no signature is required.
10 – Warranties and claims
The Products sold on the LSee website comply with the regulations in force in France and have performances that are compatible with non-professional uses.
Pursuant to Article L. 217-4 of the French Consumer Code, LSee is required to deliver goods that comply with the contract and is liable for any defects in conformity existing at the time of delivery. It is also liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter was charged to it by the contract or was carried out under its responsibility.
In accordance with Article L. 217-5 of the French Consumer Code, in order to comply with the contract, the Product must correspond to the description given on the LSee website.
The Products supplied by LSee benefit by operation of law and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions (i) of the legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or that do not correspond to the Order and (ii) of the legal guarantee against hidden defects resulting from a defect in material, design or manufacturing affecting the Products delivered and making them unfit for use, under the conditions and according to the terms and conditions set forth below and defined in Appendix 2 hereto.
It is reminded that within the framework of the legal guarantee of conformity, the Customer :
- has a period of two (2) years from the delivery of the Product to take action against LSee
- can choose between repairing or replacing the Product(s) ordered, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code ;
- is exempt from having to provide proof of the existence of the Product’s lack of conformity during the six (6) months following the delivery of the Product(s). This period is extended to twenty-four (24) months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may cover the Product(s).
The Customer may decide to implement the warranty against hidden defects in accordance with Article 1641 of the Civil Code; in this case, the Customer may choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
In order to assert its rights, the Customer must inform LSee, in writing at the address 4 avenue du Mont Thabor, Immeuble Castellani,20090 Ajaccio, of the non-conformity of the Products within a maximum period of twenty-four (24) months from the delivery of the Products or the existence of hidden defects within the above-mentioned periods and return the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.).
On the basis of the items sent by the Customer and in accordance with the conditions set forth in Articles L. 217-4 et seq. of the French Consumer Code and those set forth in these General Terms and Conditions of Sale, LSee will proceed to verify the apparent or hidden defects, and then may authorize the return or reimbursement of any item that LSee recognizes as defective.
LSee may then, at the Customer’s option, replace the defective Product(s) as soon as possible or refund the price paid by the Customer for the defective Product(s).
The shipping costs will be reimbursed on the basis of the invoiced price and the return shipping costs will be reimbursed upon presentation of the supporting documents.
This warranty is also excluded in the event of use of the Product(s) by the Customer in a manner that does not comply with the customary precautions and instructions transmitted by LSee.
Refunds for Products deemed to be non-compliant or defective will be made as soon as possible and no later than fourteen (14) days following the Seller’s discovery of the lack of conformity or latent defect.
LSee shall not be held liable in the event of non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer’s responsibility to check, or in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
LSee’s warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
The replacement of Products does not extend the duration of the warranty.
The provisions of this Article do not prevent the Customer from benefiting from the right of withdrawal provided for in Article 7.
11 – Customer service
Le service clientèle de LSEE est accessible à l’adresse mail firstname.lastname@example.org ou par téléphone au 07-80-91-28-57 lundi au vendredi de 09h à 18h (sauf jours fériés).
12 – Responsibility
LSee shall only be liable for direct damages caused to the Customer, in the context of the sale of the Product(s).
In addition, LSee shall not be held liable for any physical or material damage resulting from the use of the Product(s) by the Customer, if the Customer has not complied with the usual precautions provided by LSee.
LSee shall in no event be held liable for any indirect damage caused to the Customer.
This limitation of liability concerns any type of indirect damage, including but not limited to operating losses, loss of turnover, loss of orders, loss of earnings, loss of data or other information, loss of customers, loss of expected savings, damage to image and reputation, loss of opportunity.
In all cases, LSee’s liability for damages suffered by the Customer may not exceed the price of the order.
13 – Intellectual property
The texts, images, domain names, trademarks, designs, models, patents, software, databases, software or sound elements used on the www.lsee.com website as well as the Products are the property of LSee.
These elements are protected worldwide.
These general terms and conditions do not grant any intellectual property rights to the Customer, who may not reproduce any of these elements, in whole or in part.
Any partial or total reproduction of these elements may constitute an infringement. LSee reserves the right to take any action that may be necessary to enforce its rights and to repair its prejudice.
14 – Personal data
LSee undertakes to comply with the regulations applicable to personal data, and in particular the General Regulations on Data Protection.
As part of the performance of the Agreement, LSee may collect and process the Customer’s personal data under the conditions detailed in Appendix 1.
15 – General
15.1 – Entire agreement
These general terms and conditions prevail over any other stipulation potentially applicable to the relationship between LSee and the Client. These general terms and conditions cancel and replace any prior commitment of the Parties relating to the subject matter and constitute the entire agreement between the Parties with respect to the subject matter hereof.
15.2 – Exclusivity
No exclusivity is concluded between the Parties by the acceptance of these general conditions. The Parties remain free to contract with third parties of their choice.
15.3 – Survival of certain stipulations
The end of the present general terms and conditions, for any reason whatsoever, shall not apply to clauses whose nature or content require their maintenance.
15.4 – Partial invalidity
If one or more provisions of these terms and conditions is/are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, it/they shall be deemed to be unwritten. The other stipulations will retain their full force and scope.
15.5 – Non-waiver and tolerance
LSee’s failure to enforce a breach of any of the obligations contained in these Terms and Conditions against the other Party shall not be construed as a waiver of such obligation in the future and shall not be deemed to be a waiver of the obligation in question and shall not have the effect of granting the other Party any vested rights.
A default or delay in the exercise of any right by LSee shall not be construed as a waiver of such right..
15.6 – Independence
Neither Party may make a commitment in the name and/or on behalf of the other. In addition, each Party shall remain solely responsible for its acts, allegations, commitments, services, products and personnel.
15.7 – Proof
The Parties agree that all electronic communications, including e-mail, shall be evidenced to each other.
In particular, the Customer acknowledges the evidentiary value of LSee’s automatic registration systems and, unless the Customer provides proof to the contrary, waives the right to contest them in the event of a dispute.
15.8 – Force Majeure
Within the framework of the execution of these general terms and conditions, LSee will not be held liable in the event of failure to perform its obligations due to any event of force majeure.
For the purposes of these general terms and conditions, force majeure is understood as any unforeseeable, irresistible event that is external to the Parties within the meaning of French law and jurisprudence.
In the event of the occurrence of an event of force majeure, this will have the effect of suspending the performance of LSee’s obligations, which will do its best to limit the consequences and resume the performance of the general terms and conditions as soon as the event or circumstances of force majeure disappear or cease.
15.9 – Applicable law and jurisdiction
The law applicable hereto is French law.
The general terms and conditions are written in French, and the French version shall be authentic even in the event of translation into another language.
Any dispute relating to the execution or interpretation of these general terms and conditions, not amicably resolved between the Parties, will be submitted to the competent court of the registered office of LSee, including in matters of summary proceedings, appeal in warranty or plurality of defendants.
APPENDIX 1 – PERSONAL DATA
The personal data collected and processed by LSee are as follows:
– Customer contact information: surname, first name, address, telephone, e-mail, age, gender.
LSee uses this data solely for the purpose of executing the Agreement, to the exclusion of any other purpose.
The Customer’s contact information is used to process orders.
LSee will implement all security measures necessary to protect and secure the data, in accordance with industry standards. Details of these security measures may be provided upon written request by the Customer.
LSee undertakes to take into account, with respect to its tools, products, applications or Services, the principles of data protection from the design stage and default data protection.
Personal data will never be transferred to a third party without the Client’s prior consent.
As an exception to the above, LSee is authorized to use the following sub-contractors :
– The aforementioned Hosting Provider to store personal data.
LSee guarantees the confidentiality of the personal data processed and ensures that the persons authorized to process personal data under this Agreement :
– Are committed to confidentiality or are subject to an appropriate legal obligation of confidentiality.
– Receive the necessary training in the protection of personal data.
In the event of a breach of personal data, LSee shall notify the Customer as soon as possible after becoming aware of the breach, if the Customer has provided a contact address. This notification is accompanied by any useful documentation in order to allow the Customer to take the necessary precautions to limit the impact of this violation of personal data.
The Customer has the possibility of exercising his/her rights of access, rectification, deletion and opposition, right to limit processing, right to portability of data, right not to be subject to an automated individual decision (including profiling), by contacting LSee’s customer service department, indicated herein. LSee will respond within a maximum of one (1) month.
LSee will delete the Customer’s personal data in the following manner:
– Order data: no later than five (5) years from its last order, unless LSee is required to keep it in order to comply with its legal and regulatory obligations.
APPENDIX 2 – PROVISIONS RELATING TO LEGAL GUARANTEES
Article L. 217-4 of the Consumer Code: “the seller delivers 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 of conformity resulting from packaging, assembly instructions or installation when the latter was charged to him by the contract or was carried out under his responsibility. »
Article L. 217-5 of the Consumer Code: “the good is in conformity with the contract: 1° If it is fit for the use usually expected of a similar good and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the seller.
Article L. 217-7 of the Consumer Code: “Defects of conformity which appear within twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For second-hand goods sold, this period is set at six months.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. »
Article L. 217-8 of the Consumer Code: “The buyer is entitled to demand that the goods conform to the contract. He may not, however, contest conformity by invoking a defect that he knew or could not have been unaware of when he entered into the contract. The same applies when the defect has its origin in the materials he himself supplied. »
Article L. 217-9 of the French Consumer Code: “In the event of a lack of conformity, the buyer chooses between repairing or replacing the goods.
However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In such a case, the seller is bound to proceed, unless it is impossible to do so, according to the method not chosen by the buyer. »
Article L. 217-12 of the Consumer Code: “The action resulting from the lack of conformity is time-barred two years after delivery of the goods. »
Article L. 217-16 of the Consumer Code: “When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable property, for a restoration covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period starts from the date of the buyer’s request for intervention or from the date the goods are made available for repair, if this availability is subsequent to the request for intervention. »
Article 1641 of the Civil Code: “the seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known about them. »
Article 1644 of the Civil Code: “In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and having part of the price refunded. »
Article 1645 of the Civil Code: “If the seller was aware of the defects of the thing, he is liable, in addition to the restitution of the price he received, for all damages to the buyer. »
Article 1646 of the Civil Code: “If the seller was unaware of the defects of the thing, he will only be bound to return the price and reimburse the buyer for the costs incurred by the sale. »
Article 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »