Terms of sale
ARTICLE 1 - Scope
The present Terms of Sale (TOS) are applicable but not restricted to all sales concluded by the Vendor with non-professional buyers (“the Customers” or “the Customer”) who wish to acquire the products offered for purchase (“The Product”) by the Vendor via the https://lin.je website. The Products available for purchase on the website are as follow:
Dish towels, bed spreads, textiles, bed sheets, household linen, table dish towels, bath dish towels, dish toweling, dishes, table art.
The Customer is responsible for consulting the Product’s features and specifications, illustrations, dimensions and capacity as indicated on the https://lin.je website. The Customer is responsible of the selection and purchase of any Product. The Product offerings are dependent upon inventory availability as communicated at the time of purchase.
The TOS are accessible at all times on the https://lin.je website and will prevail over any other document. The Customer declares having read and understood the present TOS and accepts them by checking the indicated box before proceeding to checkout when ordering from the https://lin.je website. Unless proven otherwise, the data saved in the Vendor’s computer system is considered proof of all transactions concluded between the Vendor and the Customer.
The Vendor’s contact information is as follows:
Share Capital of 10,000 Euros
Registered with the Paris RCS, under the number 913185393
16, rue Henri Bocquillon 75015 Paris
Intra-Community VAT number FR32913185393
The Products featured on the https://lin.je website are available for sale in the following territories: Worldwide.
For orders shipped to countries outside Metropolitan France, the Customer is the designated importer of the concerned Products. For all Products shipped outside the European Union and Overseas France, pricing will automatically exclude tax. Customs duty and other local taxes or import taxes and fees could be required. The Customer is solely responsible of paying these fees.
ARTICLE 2 - Price
The products are available for the prices indicated on the https://lin.je website at the time the purchase order is recorded by the Vendor. Prices are expressed in Euros, before and after taxes. Indicated fees include potential reductions offered by the Vendor on the https://lin.je website. These fees are fixed and cannot be revised during their validity period but the Vendor maintains the right to revise pricing at any moment outside the validity period.
Prices do not include shipping, handling, transportation or delivery fees which can be charged separately according to the indicated conditions mentioned on the website and calculated before the order confirmation. The payment requested of the Customer includes both the total purchase price and these fees. A receipt is created by the Vendor and given to the Customer at the time of Product delivery.
ARTICLE 3 – Orders
It is up to the Customer to choose what they wish to order on the https://lin.je website according to the following terms:
The Customer chooses a Product to add to their cart which they can delete or change before confirming their order and accepting these general Terms of Sales. They will then enter their contact information, log onto their profile and choose a delivery method. Once the information has been verified, the order will be considered definitive and require payment from the Customer according to the appropriate terms.
Offers on Products are valid as long as they are visible on the website and inventory is available. The sale will only be considered valid upon complete payment of the price. The Customer is responsible of checking the exactness of their order and to immediately flag any errors. Any order completed on the https://lin.je website constitutes a remote contract between the Customer and the Vendor. The Vendor maintains the right to cancel or refuse any order from a Customer with a payment dispute over a previous order. The Customer can track their order on the website.
ARTICLE 4 – Payment Terms
The price is paid through secure payment following these terms: bank card payment. The amount is to be paid in full by the Customer on the day of the purchase.
The payment information is encrypted and shared in accordance to the protocols defined by the authorized payment provider assigned to the financial transactions made through the https://lin.je website.
The payments made by the Customer are considered definitive only once the owed amount has been received by the Vendor. The Vendor is under no obligation to deliver the Products ordered by the Customer if the agreed price has not been received in full according to the aforementioned terms.
ARTICLE 5 - Delivery
The Products ordered by the Customer will be delivered in Metropolitan France or in the following zone(s): Worldwide.
Deliveries are shipped to the address given by the Customer at the time of purchase in:
- 2 to 4 business days in France.
- 2 to 8 business days in the European Union
- 5 to 15 business days for the rest of the world.
Delivery consists of the transfer to the Customer of the possession or the Product control. All Products from an order will be delivered in a single shipment except for exceptional cases or one or more of the products are unavailable. The Vendor commits to do their best to deliver all products ordered by the Customer within the aforementioned delays.
If the ordered Products are not delivered within ten business days following the indicated date of delivery for any reason other than a case of force majeure or a specific request from the Customer, the purchase can be resolved through an expressly written request from the Customer in accordance to the terms expressed in the articles L 216-2, L 216-3 and L 241-4 of the Consumer Code. The money paid by the Customer will then be refunded within fourteen days of the denunciation of the contract, excluding any indemnities or deductions.
Deliveries are carried out by an independent transporter to the address given by the Customer at the time of purchase and which is to be easily accessible to the transporter. Should the Customer choose to call on the services of their own choice of transporter, the delivery is considered complete from the moment the Vendor has surrendered the Products to the transporter who accepts them openly. The Customer therefore recognizes that it is up to the transporter to fulfill the delivery and that they do not dispose of an appeal to the warranty against the Vendor if the transporter fails to deliver the merchandise. In case of a specific request from the Customer concerning the packaging or transportation of the Products ordered, once received in written form by the Vendor, the related costs will be billed separately based on an estimate previously accepted by the Customer.
The Customer is responsible for validating the state of the Products delivered. They dispose of a 14-day period from the day of delivery to make a claim by email, accompanied with justifications and proof (such as photos). Beyond this period and these terms, the Products will be considered intact and exempt from any apparent vice, and therefore the Vendor will accept no further claim. The Vendor will cover any refund or replacement as quickly as possible for any defective Products delivered where visible or hidden defects have been duly reported by the Customer in accordance to the terms expressed in the articles L 217-4 and on in the Consumer Code and expressed in these present Terms of Sales. The transfer of responsibility for risk of loss and damage associated will only take place when the Customer takes physical possession of the Products. The Products are therefore transported under the responsibility and risk of the Vendor unless the Customer has themselves selected the transporter. As such, the risks are then transferred at the time of the pickup of Products by the transporter.
ARTICLE 6 – Property Transfer
The property transfer of the Products will only take place between the Vendor and Customer once the price has been paid in full by the latter, no matter the delivery date of said Products.
ARTICLE 7 – Right of Withdrawal
According to the terms stated in the article L221-18 of the Consumer Code, contracts offering a steady delivery of products over a defined period of time, the grace period begins at the reception of the first product. The Customer disposes of a 14-day grace period from the delivery date of the Product to claim their right of withdrawal without penalties.
In order to claim their right of withdrawal, Customers must notify the Vendor by email at email@example.com. The subject of the email should be “Right of withdrawal + order number” and should include the withdrawal form named ANNEX I.
All products must be returned in full and in perfect resale condition (packaging, accessories, notes, …), accompanied by the original purchase order. Any damaged, soiled or incomplete Products will not be accepted The Customer is responsible for all fees and risks associated to the product returns. Exchanges (product availability permitting) or refund will be completed within 14 days from the date of delivery of the returned products to the Vendor, in the aforementioned condition.
ARTICLE 8 – Vendor Responsibilities – Warranties
Products offered by the Vendor benefit from:
- The legal warranty of conformity for defective, flawed or damaged Products or Products that do not represent the order placed,
- The legal warranty against hidden defects originating from material, manufacturing and production defects of the delivered Products rendering them unfit to use.
Legal provisions on the warranty
Article L217-4 du Code de la consommation
« Le vendeur est tenu de livrer un bien conforme au contrat et répond des défauts de conformité existant lors de la délivrance. Il répond également des défauts de conformité résultant de l'emballage, des instructions de montage ou de l'installation lorsque celle-ci a été mise à sa charge par le contrat ou a été réalisée sous sa responsabilité. »
Article L217-5 du Code de la consommation
« Le bien est conforme au contrat :
1. S'il est propre à l'usage habituellement attendu d'un bien semblable et, le cas échéant :
- s'il correspond à la description donnée par le vendeur et possède les qualités que celui-ci a présentées à l'acheteur sous forme d'échantillon ou de modèle ;
- s'il présente les qualités qu'un acheteur peut légitimement attendre eu égard aux déclarations publiques faites par le vendeur, par le producteur ou par son représentant, notamment dans la publicité ou l'étiquetage ;
2. Ou s'il présente les caractéristiques définies d'un commun accord par les parties ou est propre à tout usage spécial recherché par l'acheteur, porté à la connaissance du vendeur et que ce dernier a accepté. »
Article L217-12 du Code de la consommation
« L'action résultant du défaut de conformité se prescrit par deux ans à compter de la délivrance du bien. »
Article 1641 du Code civil
« Le vendeur est tenu de la garantie à raison des défauts cachés de la chose vendue qui la rendent impropre à l'usage auquel on la destine, ou qui diminuent tellement cet usage, que l'acheteur ne l'aurait pas acquise, ou n'en aurait donné qu'un moindre prix, s'il les avait connus. »
Article 1648 alinéa 1er du Code civil
« L'action résultant des vices rédhibitoires doit être intentée par l'acquéreur dans un délai de deux ans à compter de la découverte du vice. »
Article L217-16 du Code de la consommation.
« Lorsque l'acheteur demande au vendeur, pendant le cours de la garantie commerciale qui lui a été consentie lors de l'acquisition ou de la réparation d'un bien meuble, une remise en état couverte par la garantie, toute période d'immobilisation d'au moins sept jours vient s'ajouter à la durée de la garantie qui restait à courir. Cette période court à compter de la demande d'intervention de l'acheteur ou de la mise à disposition pour réparation du bien en cause, si cette mise à disposition est postérieure à la demande d'intervention. »
In order to claim their rights, the Customer must inform the Vendor (by email or mail) of the irregularity of the Products or the presence of hidden defects as soon as they are discovered. The Vendor will then refund, replace or repair the defective or irregular Products or parts under warranty. Shipping fees will be refunded based on the charged fee and return fees will be reimbursed upon presentation of proof. Refunds, replacements or repairs of the irregular Products will be done as quickly as possible and within 14 days of the Vendor’s acknowledgement of the irregularity or defect. This refund can be done by money transfer or cheque.
The Vendor cannot be held responsible in the following instances:
- Failure to comply with legislation of the country of delivery, for which responsibility falls on the Customer to verify.
- In case of misuse, professional use, negligence or lack of maintenance by the Customer, or in case of natural wear and tear of the Product, accident or force majeure.
- Photos and graphic art presented on the website do not follow contractual obligation.
The Vendor warranty is, in any case, limited to the replacement or refund of the irregular or defective Products.
ARTICLE 9 – Personal Data
The Customer is informed that the personal information collected is necessary to the sale of the Vendor Products and to their transmission to third parties for delivery purposes. This personal data is collected for the sole purpose of honoring the sales contract.
9.1 Collecting Personal Data
The personal information collected on the https://lin.je website is as follow:
When the Customer places an order:
Name, Surname, postal address, phone number and email address.
While processing payment for the Products offered on the https://lin.je website, the Customer/User’s banking information and credit card information are saved.
9.2 Sharing of Personal Data
The personal data collected by the Vendor and their collaborators is solely used for the execution of the contract and to ensure efficiency for the sale and delivery of the Products.
Our collaborators include:
- Transportation services
- Payment services
9.3 Data Controller
The Vendor constitutes the data controller as per the digital and freedom legislations and, as of May 25 2018, as per the 2016/679 Ruling for the protection of personal data.
9.4 Limitation of Control
Unless the Customer specifically expresses their consent, the collected data is not used for advertising or marketing purposes.
9.5 Data Retention Period
The Vendor retains the data collected for a period of 5 years from the time of applicable civil contractual responsibility.
9.6 Security and Confidentiality
The Vendor ensures organizational, technical, logistical and physical measures in terms of digital security to safeguard all personal data against alterations, destruction and unauthorized access. However, let it be known the Internet is not a fully secure environment and the Vendor cannot guarantee the safety of transmission and stocking of information on the Internet.
9.7 Implementation of Customer and User rights
In accordance with the applicable legislation for personal data, Customers and users of the https://lin.je website have the following rights:
- They can delete their accounts by writing to the email provided in the article 9.3 “Data Controller”.
- They have the right to access their personal information by writing to the email provided in the article 9.3 “Data Controller”.
- If any personal information held by the Vendor is inaccurate, they have the right to ask to update the information by writing to the email provided in the article 9.3 “Data Controller”.
- They have the right to request the deletion of their personal information in accordance with the applicable laws for data protection by writing to the email provided in the article 9.3 “Data Controller”.
- They also have the right to request the transfer of the information detained by the Vendor to another service provider.
- Finally, they have a right to oppose the control of their data by the Vendor.
These rights, as long as they are not in opposition with the finality of the transaction, can be accessed by emailing or mailing a request to the Data Controller whose contact information is provided below. The data controller must then reply within a period of time no longer than a month. The data controller must offer proper motivation to refuse the Customer’s request. In case of a refusal, the Customer is informed they can file a claim with the CNIL (3 place de Fontenoy, 75007 PARIS), or contact legal authorities. The Customer can be prompted to check a box in order to accept to receive informative or advertising emails from the Vendor. They will always have the right to opt-out by contacting the Vendor (see contact information below) or by clicking through the unsubscribe link.
ARTICLE 10 – Intellectual Property
The contents on the https://lin.je website belong to the Vendor and their partners and is protected by French and international laws on intellectual property. Any partial or complete reproduction of this content is strictly forbidden and susceptible of constituting a counterfeiting offense.
ARTICLE 11 – Applicable Law - Language
These TOS and the operations that ensue are registered and submitted to French law. The TOS were originally written in French. Should they be translated in one or more languages, only the French text will be considered in case of litigations.
ARTICLE 12 - Litigation
For any claims, please contact customer service at the Vendor’s postal address or email indicated in Article 1 of these TOS.
The Customer is informed that they can always call upon a conventional mediator with the existing mediation instances or any alternate method of conflict resolution (conciliation, for example) in case of contention. The Customer is also informed that they can use the Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
Any litigation for which the sales operation concluded using these TOS haven’t been amicably resolved between the Vendor and Customer or haven’t been resolved through mediation will be submitted to the appropriate tribunals according to common Law application.
Right of Withdrawal Form
This form must be completed and sent only if the Customer wishes to withdraw an order made at https://lin.je except for exclusions or limitations to the right of withdrawal indicated in the applicable Terms of Sales.
SARL ASAR - LINJE
1, rue de l'Artisanat
I wish to withdraw from the contract regarding the following item:
Order number: ........................................................... From: ……./……./…………..
Customer name: ...............................................................................................................
Customer Address: .........................................................................................................