Terms of sale
The present general terms and conditions of sale are made between:
LES DUNES
Limited company with a capital of 4000 €
The head office is :
23 avenue Jean-Rieux
MBE Box 122
31500 Toulouse
FRANCE
E-mail : boutique@lesdunes-store.com
Called « The Seller »
and :
Any individual wishing to make a purchase on the Seller web site, at the https://www.lesdunes-store.com/ address,
Called « The Client » or « The Buyer »
Table of contents:
Article 1 : Object
Article 2 : The website
Article 3 : The products
Article 4 : Prices
Article 5 : Payment
Article 6 : The order
Article 7 : The delivery
Article 8 : Return of a Product : Right of withdrawal
Article 9 : Data protection
Article 10 : Liability – Force Majeure
Article 11 : Intellectual Property
Article 12 : Commercial offers & Newsletters
Article 13 : Contact
Article 14 : Partial non validity
Article 15 : The entire contract
Article 16 : Applicable Law and the Jurisdiction Concerned
Legal notices
Article 1 : Object
The terms and conditions of sale define the contractual relation between the Seller and the Client, and the conditions that apply to all purchases made on the Seller retail website https://www.lesdunes-store.com/, called “the Website”.
With the present terms and conditions of sale, the Client is forbidden to purchase for resale, according to clause L 110-101 of the Commercial Code.
The Client must be at least 18 years old and have judicial capacity or have a parental authorization to order on the Website.
The acquirement of a product on the Website implies the Client’s complete acceptation of the General Terms and Conditions of Sale. These override any of the Client’s general or particular conditions.
The Seller has the possibility to change the General Terms and Conditions of Sale. However, the Conditions applied to the Client are those in effect at the date of his order on the Site.
The present General Terms and Conditions of Sale are the exclusive propriety of the Seller. All reproductions, even partial, are strictly forbidden.
Article 2 : The website
2.1 The Website lesdunes-store.com is an e-commerce website that is accessible on the Internet at the address www.lesdunes-store.com and it is open to any user of the Internet.
It is edited and distributed by the limited company LES DUNES, a limited company with a capital of 400 euros.
Its head office's address is
23 avenue Jean-Rieux, MBE box 122, 31500 Toulouse, France.
It is registered in the Toulouse Trade and Companies Register under the number 904538857.
2.2 The Website offers to sell a variety of clothes and accessories for men and women to Net users browsing on the Website.
By virtue of the Terms of sale, it is agreed that the User and LES DUNES will be collectively named "the parties" and individually called the "party", and that the User who validated an order will then be called the "Buyer".
The rights and duties of the User inevitably apply to the Buyer.
2.3 LES DUNES reminds that the Products are exclusively for the personal use of the Buyer and it must not have any direct link with his professional activity. LES DUNES reserves the right to refuse the carrying out of the order.
2.4 The Buyer declares that he has full legal capacity.
2.5 The order of any Product offered on the Website presupposes the consultation and the express consent of the General Terms of Sale by ticking the box provided to that effect before ordering anything.
As a reminder, according to the provisions laid down in the articles 1316 to 1316-4 of the Civil Code, supplemented by the Decree n° 2001-272 of 30 March 2001, for the application of the article 1316-4 of the Civil Code and concerning the e-signature, LES DUNES specifies that the validation of the order form as specified in the article 5.3 hereafter, constitutes an e-signature that has, between the Parties, the same value as a handwritten signature.
2.6 The aim of the General Terms of Sale is to define the rights and duties of the Parties born from the online sale of the Products offered on the Website.
Article 3 : The products
a) Description of the Products
3.1 The Products offered by LES DUNES are those shown on the Website on the day of its consultation by the User and within the limits of available stocks.
3.2 The Products are described and presented with the greatest precision possible. The photos illustrating, in support of the text, the products do not enter in the contractual field.
As such, if LES DUNES tries to represent as faithfully as possible the Products of which the photos are displayed on the Website, variations may occur, particularly given the technical limitations of color renderings of computer equipment.
b) Availability of the Products
3.3 LES DUNES is committed to honor the orders only within the limits of available stocks.
If one or several Products are not available, LES DUNES is committed to inform the User as soon as possible.
LES DUNES incurs no liability for a stock shortage or the unavailability of the Products.
3.4 The unavailability of the Product can be notified to the User:
When he enters his order, he will be told that the Product he wants is unavailable at this moment.
After the validation of his order, an email will be sent to the Buyer from LES DUNES to notify him.
3.5 If the payment has already been made, LES DUNES is committed to contact the payment system Stripe or Paypal to deduct the price of the unavailable Product(s) from the amount taken on the bank account of the Buyer.
c) Retention of title
3.6 LES DUNES retains title to the Products ordered until they are fully paid.
Article 4 : Prices
4.1 The Prices of the Products are given in euros, dollars, pounds (customs fees and duties excluded) without the participation to the delivery costs, on the day of the order.
The VAT tax for European Union countries is included in the displayed price.
4.2 The price billed to the Buyer is the price given on the order confirmation that LES DUNES sent by email.
4.3 LES DUNES reserves the right to update the prices at any time without notice.
The Products will be billed on the basis of the rates in force when the order is entered, within the limits of available stocks.
The rate in force is the one given on the Website, errors of typography excepted, for which LES DUNES is not responsible.
4.4 Prices are payable in full in a single installment when the order is confirmed.
4.5 The data recorded by the Website are a proof of the transactions between LES DUNES and the Buyer.
The data recorded by the payment system are the proof of financial transactions.
The sale is final when the secure services accept the transaction.
The articles remain the entire property of LES DUNES until the complete payment of the price, which is recognized and accepted by the client.
Article 5 : Payment
5.1 It is stated that you can pay on the Website by credit cards, Apple Pay or Paypal - depending on your country of delivery.
The payment for the Products bought on the Website can be done safely, from France or from foreign countries, 24/7, with the bank cards below:
American Express, Mastercard, Visa, Discover & Diners, Japan Credit Bureau (JCB), China UnionPay (CUP).
5.2 The User will enter his card number, the cardholder’s name, the term of validity and the 3 numbers of the visual cryptogram that is on the back of your card.
5.3 LES DUNES reserves the right to refuse to honor the order of a User if LES DUNES and the User are under dispute, of any nature whatsoever.
5.4 LES DUNES uses the secure payment system Stripe. The integrity of the data exchanged between the Buyer and the secure platform Shopify Payments is protected against any hacking attempt.
The confidential data are directly transmitted on the server of the bank, without ever being sent through the servers of LES DUNES.
5.5 Shopify Payments leans on the encrypted exchange protocol TLS and provides all insurance required for transactions on the Internet.
5.6 LES DUNES reserves the right to cancel any order presenting a risk of fraudulent use of the bank card.
Article 6 : The order
a) Browsing the Website
6.1 The User may navigate freely on the Website with no commitment to purchase via an order.
b) Adding items to the order
6.2 To add an item to the shopping cart, the User must click on the "Add to cart" button after having chosen the desired product characteristics (size, color).
6.3 The User will be able to continue browsing the site and add other items by the same process by going to the page of the desired products.
c) Registering an order
6.4 To order, the User has to click on the “Shopping Cart” symbol.
6.5 An order form appears on the screen, summing up: the nature, the quantity and the price of the Products ordered by the User, as well as the total amount of the order.
6.6 The User will have to identify himself by filling in the form with great care, especially the mandatory information: his first name, his name, his email address, his password, his birth date, the delivery address and the billing address.
6.7 The User is informed and accepts that the capture of his identifier is a proof of his identity and shows his consent.
d) Final confirmation of an order
6.8 The confirmation by the User of his order on the Website implies the agreement to the General Terms of Sale.
6.9 The User may choose the desired delivery method and its price. He will then be invited to pay for his order by entering his bank details or by connecting to his Paypal account.
e) Confirmation of an order
6.10 When the Buyer confirms the payment of his order, a summary will appear with the transaction number.
This summary also appears in the email of confirmation of the order.
6.11 An email of confirmation of the sending is sent to the Buyer on the sending date of the products which includes the tracking of the parcel
6.12 Pursuant to article L.132-4 of the Consumer Code, when an order is for an amount greater than or equal to €120, LES DUNES keeps the verbiage stating that the contract entered into electronically between LES DUNES and the Buyer for the period of time from the start of the contract until the date of delivery and for 10 years thereafter (in compliance with the decree 2005-137 of 16 February 2005).
f) Exception for the UK
As a result of the Brexit and new border regulations in effect, orders to the UK must be over 135 GBP in value.
Article 7 : The delivery
a) Terms and time of deliveries
7.1 The Products ordered are, according to the Purchaser's choice, delivered in the zones proposed (see Shipping policy page). The delivery address is indicated by the Buyer.
7.2 Orders are shipped by the carrier of the Buyer's choice at the time of payment.
7.3 The estimated delivery time takes into consideration the operation in pre-orders: it is set on the moment when the production of the items is finished and ready to be shipped, and not on the moment of the order’s payment.
The estimated delivery time is shown on the product sheet at the time of purchase, and in the Order confirmation e-mail.
The delivery time depends on the time needed and the volume of production of all the pre-ordered Products, which is why it remains approximate.
7.4 The Products ordered by the Buyer will be delivered to the address indicated by the latter on the order form, in a relay point or to the Buyer's home.
In the case of a home delivery with signature, the absence of the recipient of the Products at the time of the delivery remains of its only responsibility.
The rescheduling of deliveries or collection from the warehouse shall be managed between the Buyer and the carrier.
7.5 The delivery address cannot be a PO Box. The information submitted by the Buyer is part of the sales contract.
In case of error in the delivery information given by the Buyer, LES DUNES could not be held responsible for failure in delivery.
7.6 The shipping costs are based on the destination and weight of the parcel, according to the rates of the postal services in effect.
If the forwarding is imputable to you (the delivery address you gave was not correct, or you did not get the parcel at the post office within the 15 days), there will be additional charges, upon acceptance of the Buyer.
If the Buyer does not accept to pay these additional charges, the order will be cancelled and the Buyer will be refunded the amount of the order on his bank account, minus the delivery charges.
For shipments to a country outside of Metropolitan France (including the DOM), the client will have to pay the local taxes of the country of consumption. LES DUNES will not be committed to pay these local and customs fees which are the responsibility of the Buyer.
b) Delivery issues
7.7 Delivery times are to be considered according to the carrier, delivery method chosen by the Buyer, and the availability of the ordered items.
The Buyer takes into consideration that the operation in pre-orders engages delays due to the production of the articles.
This delay is indicated for information purposes in the "Pre-order" tab of the product page and in the order confirmation email. It is voluntarily approximate because it will be made according to the volumes to be produced and by considering the variables of the human capital.
The delivery times displayed by the carriers are in working days and correspond to the average preparation and delivery times of the order in the territory.
The Seller undertakes to make its best efforts to deliver the products ordered by the Buyer within the above-mentioned time limits as from the receipt of the collection by the Buyer.
However, these deadlines are communicated as an indication and a possible overtaking will not be able to give place to any damage and interests, withholding or cancellation of the order by the Purchaser.
The Customer is solely responsible for the non-execution or the bad execution of the contract due to a lack of indication at the time of the Order (erroneous or incomplete address, error on the name...).
7.8 The Customer is required to check the wrapping state as well as the Articles upon delivery.
It is the Customer's responsibility to express reservation and claims that he consider necessary, nay to refuse the parcel, when the parcel is manifestly damaged at the Delivery.
The aforesaid reservations and claims shall be addressed to the carrier by registered letter with acknowledgement of receipt within 3 business days, except public holidays, that follow the Delivery date.
Otherwise, the Customer has to send a copy of the letter to the Seller. The default of claim within the afore mentioned period cancels any lawsuit against the carrier in accordance with the provisions of article L.133-3 of the commercial Code.
The Customer must make sure that the delivered Goods correspond to the Order. In case of non-compliance of the Goods in kind or in quality to the mentioned specifications in the Delivery slip, the Customer must inform the Seller by e-mail and send the Goods back to the given address within 7 days and the return label is provided by the Seller
c) Limitation of liability
7.9 The Products offered follow the French legislation force. LES DUNES is not to blame in case of non-compliance with the legislation of the country where the Products are delivered.
It is up to the Buyer to check with the local authorities if he is authorized to import or to use the ordered Products.
7.10 Only guarantee made: The Products delivered are in perfect condition during the handing-over to the carrier. No other express or tacit guarantee is issued. According to the L217-4 article of the Consumption code, the seller is responsible for the conformity defaults which exist during the delivery.
Article 8 : Return of a Product: Right of withdrawal
EXCHANGE
Since we operate on pre-orders and with limited-quantity items, we cannot offer exchanges for logistical reasons.
We recommend that you return your item(s) for a refund and reorder according to the items available on the site.
RETURN
8.1 The Buyer has a right of withdrawal for the following reasons:
- Non-fulfillment of the Product for any reason (except made-to-measure articles).
- Non-compliance of the Product
The Buyer has up to 15 days to return its item(s) in their original condition.
He will be responsible for the return costs.
In the event of errors of articles or defective articles, the Buyer has 7 days to express himself by email.
To return the order, the Buyer can go through two channels:
- Directly through his order history available on his account and click on "Return" to the right of the order concerned.
- By going to the Returns page. He will have to enter his order number and his email address used for the order.
-
He will select the item(s) he wishes to return and select the reason for the return.
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He will choose the way he wants to be refunded
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He will have the possibility to update his information
4) He will have to include the invoice of the order with the returned item(s) so that it can be identified at its reception. If he has lost his invoice, he will be able to find it by accessing his account and print it.
The invoice is essential. The Buyer is responsible for including the invoice, without which it cannot be identified. The Seller will not be able to proceed with the refund.
The return costs are the responsibility of the Buyer.
Items must be returned to the following address:
LES DUNES – Return Service
8 rue Mado Maurin
75018 Paris
France
The refund will be made within 15 days from the date the return is received by LES DUNES if all conditions mentioned in the return procedure are met.
8.2 In both cases referred to in 8.1, the Buyer will have the possibility to ask LES DUNES for a refund of the Product.
8.3 Items must be returned in perfect condition, unworn and with their tags. Items returned without tags, damaged, soiled or already worn will not be refunded.
8.4 If the Product is found leading to non-compliance with the order, or if the product is defective, the return shipping fees will be the responsibility of LES DUNES.
In this case, LES DUNES will provide a prepaid return mailing label that the Buyer can use to return his shipment. He has to contact the customer service at boutique@lesdunes-store.com to get it. This claim must be made within 7 days of delivery.
8.5 LES DUNES does not accept the postage due parcels. In accordance with the article L216-4 of the Consumption code, the return label without transporter, any risk associated with the transport is carried by the Buyer. The Seller is not responsible if the parcel is lost.
8.6 If the above-mentionned conditions are met and if the Buyer wanted a refund of the Product, LES DUNES will pay back the amounts of the Product(s) bought by the Buyer to him, within 15 days starting on the date of receipt of the returned Product by LES DUNES, the sums corresponding to the Product(s) acquired by him and excluding delivery charges.
Article 9 : Data protection
9.1 Supplying personally identifiable information is obligatory in the framework of distance selling, since such information is necessary for processing and delivering orders, as well as for drawing up the relevant invoices. Such information is strictly confidential.
Failure to supply information required shall lead to the order being automatically rejected.
9.2 The security protocol ensures total confidentiality of the information sent. LES DUNES is committed not to transmit or exploit any personal information of the Buyers (Data Protection Act n°78-17), except if they are linked to his strict activity.
9.3 In accordance with the Data Protection Act n°78-017 of 6 January 1978, the User has the right of access, modification, correction, or removal of data relating to him or her.
To exercise this right, the User must address a request to LES DUNES by email or by mail (see the contact details in article 12).
9.4 The processing of personally identifiable information is subject to formal declaration registered with the National Commission for Information Technology and Civil Liberties (CNIL): n°1359103.
Article 10 : Liability – Force Majeure
10.1 LES DUNES has only a mere best efforts obligation for every step to access and order on the Website (order process, delivery, customer service, etc.).
10.2 LES DUNES cannot be held liable for any harm inherent in using the Internet, such as a breach in service, outside intrusion or the presence of a computer virus, or for any event deemed to fall under force majeure, in accordance with the case-law, in particular a strike of the postal services, a stock out from the manufacturer, the destruction or the total loss of the stock, a model not made any more that LES DUNES would not know about, as well as any exceptional event.
Article 11 : Intellectual Property
All elements of the Website, visual or sonorous, are protected by copyright and are under intellectual and artistic property around the world.
Reproduction in whole or in part is strictly prohibited without prior agreement.
The non compliance of this obligation is an infraction that engages the criminal justice responsibility of the author.
All techniques such as framing or deep-linking are strictly forbidden unless special written authorization is delivered by LES DUNES.
The “LES DUNES” name was subject to a trademark registration at the INPI (brand n°4711211). In consequence, all reproductions of this brand, non authorized by LES DUNES constitute a counterfeit act that can be the object of penal or criminal prosecutions.
The web user is thus forbidden to harm the “LES DUNES” brand. It is strictly forbidden to use or reproduce the LES DUNES name for any reason, on any medium without the prior and written authorization of LES DUNES.
Article 12 : Commercial offers and newsletters
LES DUNES may send commercial offers to the Clients by mail, email, sms, telephone or via all the web spaces animated by LES DUNES or any of its subsidiaries on the social networks, subject to prior acceptance.
The Client has at any time the possibility to oppose without any cost to the commercial prospecting by clicking on the link "unsubscribe" in each email.
Article 13 : Contact
By email: boutique@lesdunes-store.com
By mail:
LES DUNES
MBE Boîte 122
23 avenue Jean-Rieux
31500 Toulouse
FRANCE
We don't accept any unsolicited return at this address. Please log in to your account and make your return application.
Article 14 : Partial non validity
If a particular stipulation of these General Terms of Sale is held invalid or declared as such by any Authority of res judicata of competent jurisdiction, the remaining provisions will remain in full force and effect.
Article 15 : The entire contract
15.1 These General Terms of Sale and the order summary transmitted to the Buyer form a single contract and constitute the whole of the contractual relationship between the Parties.
15.2 In case of contradiction between the documents, the General Terms of Sale have priority.
Article 16 : Applicable Law and the Jurisdiction Concerned
These General Terms of Sale and the contractual relationship between the Parties are subject to French law.