Terms and conditions
These “General Conditions of Sale” apply to legal transactions relating to the products marketed to its customers by the company Michelange in its virtual shop.
The following words or expressions shall have the following meaning in this document:
- Registration for professionals: You will have to register as a “company” and enter your VAT number (or identification if you are not subject to VAT) or “In Creation” instead of the VAT number.
- Internet Shop: refers to the website through which the products are presented and sold to customers.
- Order: refers to the contract of sale concluded between and the customer of the Internet shop of Michelange SAS.
- Data sheet: refers to classified information concerning a product supplied by Michelange SAS when the product is put on sale in its internet shop.
- Products: refers to all goods and services offered for sale by Michelange SAS in its internet shop.
- Service: refers to the sale of products by Michelange SAS to clients of its Internet Boutique.
- Transaction: refers to all operations, secure processing, authorizations and agreements inherent in the payment of the price of products ordered by credit card.
ARTICLE 1 – PURPOSE
The purpose of these General Conditions of Sale is to define the terms and conditions which Michelange SAS proposes while selling its products to customers.
These general conditions of sale will prevail over any other conditions contained in any other document, except prior, express and written derogation.
ARTICLE 2 – ACCEPTANCE OF CONDITIONS
The customer acknowledges having taken note, at the time of placing of Order, of the present general conditions of sale and expressly declares that they accept them without reservation.
These general conditions of sale govern the contractual relations between the company, Michelange SAS, and its client, both parties accepting them without reservation.
ARTICLE 3 – PRODUCTS
The majority of products offered by Michelange SAS to its customers are immediately available.
ARTICLE 4 – ORDER
Automatic registration systems are considered to be proof of the nature, content and date of the Order.
Michelange SAS will confirm to the customer the acceptance of his Order by sending a confirmation message to the email address that the latter will have communicated. The sale will only be concluded once the order confirmation has been sent.
Michelange SAS reserves the right to refuse or cancel any Order of a customer, in particular in the event of the insolvency of the client or in the event of a default of payment of the Order concerned or a previous delivery or of a dispute relating to the payment of an earlier order. All offers are subject to availability. Nevertheless, if, despite the vendor ‘s vigilance regarding his inventory, the products proved to be unavailable after the order of the buyer, Michelange SAS undertakes to inform you as soon as possible, allowing you to cancel or modify your order.
The mentions indicated by the customer, when entering the information inherent to his Order, engage them. Michelange SAS cannot be held responsible for errors made by the customer in the address details of the recipient of the Order (delivery address, billing address in particular) and delays in the delivery or the inability to deliver the ordered Products that these errors could lead to.
ARTICLE 5 – DELIVERY
After confirmation of the order and, subject to the full payment of the price of the products ordered, Michelange SAS undertakes to send to its client, under its responsibility, the products ordered to the delivery address within a maximum of 7 Days without exception.
In such cases, the customer undertakes to settle upon reception all taxes, duties and other charges, current and to come, in respect of the delivery of the said products themselves; The joint liability of Michelange SAS can not be incurred in this respect at any time.
Delivery will be made by La Poste Suivi or Colissimo or a carrier as per our convenience.
Our delivery rates are available upon request.
Any delays in delivery attributable to the carrier or to Michelange SAS do not give the customer the right to claim damages.
The ordered products are transported at the risk of the recipient. Upon reception of the products ordered, the client or the recipient will have to verify the good functioning of the delivered good, and will be aware of its conditions of use indicated in the instructions of use which are provided to them.
In the event that one or more of the products ordered are missing or damaged, the customer or the consignee must make any reservations with the carrier at the time of delivery. Any incomplete order will be the subject of a voucher for the value of the missing products (excluding postage) which will be credited to the customer’s account. However, if the customer wishes to be reimbursed for the value of the products missing or out of stock, they must imperatively make the request by e-mail to our service, the reimbursement will take place within a maximum of 30 days.
Are considered as cases of force majeure relieving of its obligation to deliver, war, riot, fire, strikes, accidents and the impossibility of being supplied.
For reasons of availability of the ordered products, an order can be the subject of several successive deliveries to the customer.
In the event that the customer wishes the ordered products to be delivered to two separate addresses, it should be that the latter passes 2 separate orders.
Deliveries are made between Monday and Friday inclusive.
ARTICLE 6 – WITHDRAWAL
In this case, the customer must return the new Products, intact, accompanied by any accessories, user manuals and documentation to the following address:
11 rue Jean Jaurès – 95400 Arnouville, FRANCE
In the event of exercise of the right of withdrawal, Michelange SAS undertakes to reimburse the sums paid by the customer, at no cost, except for the costs of return.
The refund is due within a maximum of 30 days in accordance with the law in force.
ARTICLE 7 – PRICES
The price is expressed in euro.
All invoices for metropolitan France and the EEC are VAT included, country of departure. For export, outside the community for the purpose of simplification all invoices is assimilated tax exluded. This price includes the price of products, handling, packaging and storage costs, transportation and commissioning costs.
ARTICLE 8 – PAYMENT
The price charged to the customer is the price indicated on the order confirmation sent by Michelange SAS.
The price of the products is payable in cash by one of the means of payment proposed on the site on the day of the actual order.
The order validated by the customer will be considered effective only when the secure bank payment center has given its agreement on the transaction.
The goods will be shipped at the end of this period.
ARTICLE 9 – APPLICABLE LAW
These general conditions of sale are subject to French law.
ARTICLE 10 – RESPONSIBILITY
Michelange SAS can not be held liable for damages of any kind, whether material or immaterial or corporeal, which could result from a malfunction or misuse of the products marketed. The same applies to any changes in the products resulting from the manufacturers.
The liability of Michelange SAS will in any event be limited to the amount of the order and can not be called into question for simple errors or omissions which could have survived despite all the precautions taken in the presentation of the products. In case of difficulties in the application of the present contract, the customer reserves the possibility, before any legal action, to seek an amicable solution.
Failing this, for commercial customers, the Commercial Court of Cergy Pontoise is the only competent authority, regardless of the place of delivery and the method of payment accepted.
ARTICLE 11 – WARRANTY
In any case, the company Michelange SAS can not be held responsible for the non-respect of the regulations and legislative in force in the country of reception. The responsibility for this is systematically limited to the value of the product in question determined on the date of its sale and without recourse to the brand or company producing the product.
The defective product must be returned in its original packaging accompanied by a copy of its purchase invoice, including the whole product and its accessories. All costs and risks associated with the return of the product are the responsibility of the buyer.
The warranties do not cover the replacement of consumables; abnormal, illegal or non-compliant use of the products; breakdowns related to accessories; bamage resulting from abnormal shocks, broken lenses bound during transport; labor errors or modifications made by the purchaser; the defects and the consequences due to the intervention of a repairer not approved by the company Michelange SAS as well as the defects and the consequences related to any external cause.
In any event, the customer benefits from the legal guarantee of eviction and hidden defects provided for in articles 1625 and following of the Civil Code.
The customer can contact the customer service by phone at (+33) 01.39.85.50.33 or by email at the following address: firstname.lastname@example.org
Answer: 48 – 72 hours.
ARTICLES 12 – LEGAL INFORMATION
The filling of the personal information collected for the purpose of distance selling is mandatory, this information being essential for the processing and the routing of the orders, the establishment of the invoices and the contracts of guarantee. Failure to provide information will result in the order not being validated.
In accordance with the law “Informatique et Libertés”, the processing of personal information concerning customers has been the subject of a declaration to the National Commission of Informatics and Liberties (CNIL).
Terms of Sales
GENERAL CONDITIONS OF SALES / SITE: Leonard Trading
These general conditions of sale govern all relations between the company Michelange (SAS with a capital of 5,000 € whose registered office is located 11 rue Jean Jaurès – 95400 Arnouville, FRANCE, registered with the RCS of Pontoise under the number 805 089 463) and its customers for the sales of products offered on the website of Leonard Trading.
Michelange SAS recalls that its sales are exclusively reserved for major individuals or legal entities trading (or not trading) for their personal or professional needs and agreeing to fill in the mandatory fields presented at the time of registration. Sales are also reserved for persons with a registered office in France (or abroad) with an electronic mailbox regularly consulted and a delivery address located in metropolitan France (excluding Corsica and DOM-TOM). No delivery or after-sales service will be carried out outside this territory.
Prior to any transaction, the customer acknowledges having knowledge of the general conditions of sale and declares expressly to accept the present general conditions as soon as it validates the box “I agree to the terms of service and will adhere to them unconditionally”.
Michelange SAS therefore invites the customer to carefully read the following clauses.
1. Acceptance of special conditions
The customer acknowledges that at the time of placing an order, he/she has taken note of the special conditions of sale stated on the screen (name, price, weight, quantities, particularities, cost of services) and expressly accepts them without reservation. The placing of the order and its confirmation by the customer, materialize its full acceptance of the special conditions only applicable to the order. It is specified that the customer has, before this confirmation, a mechanism enabling him to correct or modify his choices. For merchants, only proof of your professional activity (KBIS or RCS sent by mail or fax) will trigger the departure of the goods.
The photographs illustrating the products are only indicative of the general presentation of the product.
Each item offered for sale is presented in summary form based on information provided by the manufacturer or supplier. The texts, accompanying these photographs, are established according to the elements appearing on the packaging and can not in any case lead to the responsibility of Michelange SAS.
Since the products offered for sale are beauty products and since all the information on the essential characteristics of the product is available to the customer on the packaging, any problem or damage resulting from the consumption of the product (eg allergenic or other disorders ) Is the sole responsibility of the customer and/or consumer.
3. Username and Password
At the first order, and in order to customize the environment of each customer, an identifier and a password are assigned. A check of uniqueness is then carried out by the system. The username and password are valid proof of the identity of the customer and commit it on all the order placed through them. They have the value of an electronic signature within the meaning of the law of 13 March 2000.
The customer is solely and exclusively responsible for his username and password and will bear the consequences of any use by third parties who are aware of it.
In case of forgetting the password or suspicions by the client of a fraudulent use of his identifier and password, he has on the site a function allowing him to find his identifier and get a new word Password.
Michelange SAS complies with the law of 6 January 1978 relating to data processing, files and freedoms, in particular the collection of personal data as stipulated in Article 11 hereof.
4. The formation of the order
4.1 Registration of the order
An order placed on the site Leonard Trading is limited, on the one hand, by a minimum amount of 1 € (cost of goods excluding VAT, excluding costs) and, on the other hand, by the maximum quantities of 5,000 kg.
Any order entry after the selection of the products is summarized by taking all the items (items, delivery time and place, amounts tax excluded and included, means of payment) that the customer confirms by checking the box “I agree to the terms of service and will adhere to them unconditionally”. By this maneuver, the order is automatically sent, saved and it becomes firm and definitive under the reserve below, the customer is then irrevocably bound by the information given in the order. The customer can not question his acceptance except under the provisions of Article 6.
The information stated by the customer, when taking the order, binds the customer. In the event of an error on the part of the customer in the name of his address or the place of delivery, resulting in the loss of the products, the customer remains responsible for the payment of said lost products.
All new orders can only be made after regular payment by the customer of sums due for previous orders.
Any order paid by credit card or bank transfer is considered as effective only when the payment centers concerned have given their agreement and have credited the account of Michelange SAS of the total amount of the order.
In case of refusal of the centers, the order is automatically canceled and the customer is notified by mail on his mailbox.
4.2 Order confirmation
Michelange SAS undertakes to confirm the order to the customer by e-mail summarizing the items ordered and all the particular conditions of the sale.
Michelange SAS reserves the right not to confirm the order in case of legitimate reason, such as a supply problem, a problem understanding the order, a foreseeable problem concerning the delivery or the abnormality of the order (the existence of a dispute with the customer regarding the payment of an earlier order, inconsistent delivery address). The customer will be informed by any means. In case of unavailability of the products, the customer will be refunded within 30 days following the payment of the order unless different agreement between the parties.
4.3 The processing of the order
Michelange SAS will use all means to process the order as soon as possible, knowing that a delay of 24 to 72 hours is necessary to prepare the order before sending.
4.4 The proof
Automatic registration systems Leonard Trading are considered to be proof of the nature, content and date of the customer’s order and the nature, content and date of confirmation of reception of the order by Leonard Trading and the nature, content and date of any electronic mail exchanged between Leonard Trading and the customer.
The information relating to any transaction made from the customer’s identifier will be stored and archived by Michelange and will serve as proof of case of any dispute in accordance with the law of 13 March 2000. They will be retained by Leonard Trading for an unlimited duration. In any case, the online supply of a credit card number or bank details and the sending of the order will be proof of the order and will entail the exigibility of the amount of the order confirmed by Leonard Trading.
5. Delivery Methods
We offer different modes of delivery, these modes can evolve according to the sale.
The place, in metropolitan France (excluding Corsica and DOM-TOM), is chosen by the customer. The customer may, when placing the order, expressly request that the delivery is not made certain days of the week.
Relay point delivery.
The cost of delivery is the responsibility of the customer.
Delivery to the address of your choice
The delivery costs could be the responsibility of Michelange SAS from an amount excluding taxes of an order of 1090 €. This amount may be revised by Michelange SAS at any time without notice.
5.1 Delivery time
Michelange SAS undertakes to deliver the order to the place mentioned by the customer at the earliest within 48 hours and at the latest within ten days (deliveries being made only on working days) of the confirmation by him of the order.
All events, such as force majeure, disaster, strike, administrative decision, stoppage of transport, or any circumstances beyond the reasonable control of Michelange SAS, which would delay, prevent and exorbitantly execute the supply constitute, by express agreement, a cause of suspension or extinction of Michelange’s obligations, without compensation for the benefit of the client. Michelange SAS will inform the customer by e-mail of the impossibility of the planned delivery.
In the situations referred to above, the customer is invited to contact Michelange SAS by any means to agree on the follow-up to be given to the order.
5.2 Shipping costs
Delivery charges are valid by delivery to the same customer, the same address and the same day and time.
Range 1 to 19 Kg 35 €
Range 20 to 39 Kg 40 €
Range 40 to 59 Kg 43 €
Range 60 to 79 Kg 45 €
Range 80 to 99 Kg 50 €
Range 100 to 149 Kg 55 €
Range 150 to 199 Kg 60 €
Range 200 to 249 Kg 70 €
Range 250 to 499 Kg 80 €
Range 500 to 999 Kg 100 €
Range 1000 to 1499 Kg 175 €
Range 1500 to 2000 Kg 225 €
Beyond 300 €
These amounts may be reviewed by Michelange SAS at any time without notice.
5.3 Delivery support
The customer undertakes to take charge of the goods on arrival, at the delivery address, by the customer or by any person of his choice likely to provide proof of the identity of the customer and to communicate to the deliverer the number of the order awarded by Michelange SAS. The client or any person authorized by him/her shall sign the warrant to which any necessary remark will be made. The signature of the warrant and the indication of the number of parcels received carry recognition of the delivery. If the customer discovers, after opening packages, that products are damaged or missing, he must contact customer service and claim within three (3) days following delivery, by e-mail at email@example.com or by telephone at (+33) 01.39.85.50.33.
When the delivery of the goods to the customer is not possible because of the latter (for example: in case of absence) within the time slots which he himself has validated, he will have to contact, thanks to the notice which will be left at the place of delivery, the carrier to agree with him how to recover the goods. Any costs incurred for a new passage at the place of delivery shall be borne entirely by the customer.
6. The withdrawal period
In accordance with the provisions of article L.121-20 and according to the Consumer Code, the customer has a period of withdrawal of seven clear days from the assumption of the goods to return any product (in its original packaging complete with accessories and instructions, in good condition and accompanied by a copy of the invoice) to Michelange, 11 rue Jean Jaurès – 95400 Arnouville, for exchange or refund, without penalty. In case of refund, this will be done within a maximum of 30 days and carried out by bank transfer or check. Michelange SAS reserves the right to claim damages if the product has not been returned in good condition in its original packaging.
7. The price and payment of the order
The prices of the products are indicated on the cards are in euros, excluding taxes and do not include delivery costs. The total price, inclusive of VAT, indicated in the confirmation of receipt of the order is the total price of the order entered expressed all taxes including VAT and the cost of transport.
The customer chooses at the time of the entry of his order to opt for payment by credit card or bank transfer. In case of payment by credit card, the customer immediately provides his card number or bank details to authorize payment.
In the absence of payment authorization by card or transfer, the order is canceled. Michelange SAS reserves the right not to proceed with the order of a customer in case of payment problems on previous orders.
Michelange retains ownership of the products ordered until full payment of the price by the customer.
The customer benefits from the legal guarantee of latent defects on products sold under the conditions of article 1641 of the Civil Code and following.
9. Suspending the client identifier
In the absence of payment of the sums owed by the customer, Michelange SAS may automatically suspend, immediately and until regularization of said sums, the validity of the identifier.
10. Customer service
For any difficulties, the customer can send an e-mail to: firstname.lastname@example.org or mail to: Michelange SAS, 11 rue Jean Jaurès, 95400 Arnouville, FRANCE.
11. Nominative information
By ordering via Leonard Trading, the customer consents to the use by Michelange SAS of the data concerning him, which he has communicated, or which are collected via the operation of the site. This data is necessary for us to process orders. We filed a document containing personal data with the French National Commission for Data Processing and Freedoms, in accordance with the provisions of the Data Protection Act of 6 January 1978. Under this law, Client has a right to access, modify or oppose the personal data that concerns him. This information can be found on the customer’s personal account and the customer can access it at any time with his/her login and password.
Through Michelange SAS, the client may receive proposals from other companies or organizations, or be informed of Michelange SAS’s offers by phone or e-mail if the client has previously accepted it. If the client later wishes to forgo these proposals, it is enough for him to send a mail with his coordinates to email@example.com.
12. Intellectual property
All items on the site Leonard Trading, whether visual or sound, are protected by all intellectual property rights relating thereto. The client refrains from copying or downloading all or part of its contents without the prior authorization and express of Michelange SAS.
13. External Links
The site Leonard Trading may contain hypertext links to other sites. The site Leonard Trading Makes no commitment to any other site that you may access through the Leonard Trading site and is in no way responsible for the content, operation, services offered and access to these sites.
Except for its own fault, Michelange SAS can not be held liable for damages of any kind, whether material or immaterial or corporeal, which could result from misuse of the identifier or the ordering procedure. In particular, Michelange SAS can not be held liable for any risk inherent in the use of the Internet, such as suspension of the service, intrusion or the presence of computer viruses.
Michelange SAS reserves the right to modify its service as of right without further formality and to make changes, if necessary, in the online terms and conditions, which the customer expressly accepts. Leonard Trading invites the customer to read carefully the general conditions of sale in force at each ordering.
The nullity of one of the clauses of this contract, in particular by virtue of a law, a regulation or the result of a final court decision, will not invalidate the other clauses of the contract.
17. Protection of minors
It is recalled that minors do not have the capacity to contract. Moreover, the collection of data from minors must be the subject of information of the parental authority which can oppose their conservation and/or transmission to third parties. According to article L.3342-1 of the Public Health Code, the sale of alcohol to minors under the age of sixteen (16) years is prohibited. Any customer ordering on the site, declares under his sole responsibility, by validating his order, to be of age and have full capacity to act.
These general conditions of sale are subject to French law. In the event of a dispute, the customer will first contact Michelange SAS to find an amicable solution. Failing this, the case will be brought before the competent courts.
19. Legal information
Site published by: Michelange, SAS with capital of 5,000 €, 11 rue Jean Jaurès – 95400 Arnouville, FRANCE.
N° SIRET : 805 089 463 00022
Hosting: The hosting is provided by 1&1 Internet.
20. Condition to order on the website
The website Leonard Trading PRO is exclusively reserved for merchants and all persons engaged in an independent professional activity justifying the existence of their goodwill and/or their professional quality by producing a Kbis extract.
The Customer undertakes to make exclusive purchases directly related to his professional activity. Persons who carry out an activity directly or indirectly and wholly or partly compete with Michelange SAS and also large and medium-sized companies may not be ordered.