Terms of sale
ARTICLE 1 - APPLICATION FIELD
The present Terms of sale (sometimes called ToS) apply, without restriction or reserve, to any purchase on the website LENAPPY.us, owned by the brand " LENAPPY ".
The present Terms of sale apply without prejudice to all other conditions called "Particular Terms of Sale" to which belong in particular the information contained on a purchase order and the page presenting an article sold in its various variants and components.
These ToS are accessible at any time on the website and will prevail, if necessary, over any other version or any other contradictory document.
The Customer declares that he/she has read and accepted these General Terms of sale before placing an order online.
The Customer declares that he/she has full legal capacity to commit himself/herself under these ToS.
These ToS may be subject to change at any time. The version applicable to the purchase made by the Customer is the one displayed on the website at the date of the order.
Are bound to these ToS, the brand LENAPPY represented by LENAPPY called here sometimes "the Seller", "us" or "LENAPPY.us" and any person beginning the execution of the act of purchase of one of the articles exposed on the website https://LENAPPY.us (designated here under LENAPPY.us), hereinafter referred to as the "Customer" or "You".
ARTICLE 2 - ARTICLES CHARACTERISTICS
Each item has its own sales page sometimes called "product page".
The main characteristics for each article are presented on LENAPPY.us via a dedicated page, the product page. They are divided and accessible by "categories" according to their use of destination and are arranged by "collections" according to the idea of coherence that LENAPPY makes of its commercial offer.
The customer is required to take note of these characteristics before any order.
The choice and the purchase of one or several articles are the sole responsibility of the customer.
The items offered for sale are those that are on the site, on the day the Customer places his order.
The Customer is deemed to have consulted the product pages of the items ordered.
ARTICLE 3 - ORDERS
3.1. Order placement
The orders are made on the website LENAPPY.us
The customer selects on the site the articles he wishes to order, according to the following criteria:
Information on the main characteristics of the articles;
Choice of the methods of payment;
Verification of the order and correction of errors if any;
Identification of the Customer by means of his personal data;
Acceptance of the present Terms of sale;
Choice of payment methods and actual payment of the item(s) selected by the Customer;
Sending of an email confirming the order to the Customer;
Sending of the access codes to the platform.
The sale of items will be considered completed only after sending the customer confirmation of acceptance of the order by LENAPPY through an email and after the collection by LENAPPY of the full price of the order.
Any order placed on the website constitutes the formation of a contract between the customer and LENAPPY. Unless proven otherwise, the data recorded in LENAPPY's computer system constitutes conclusive proof of all transactions made by LENAPPY and the customer via the website.
The information communicated by the customer when placing an order is binding. Thus, the responsibility of LENAPPY can in no way be sought or committed in the event that an error in the placing of the order prevents or delays the execution or delivery of the goods.
3.2 Order modification
No modification of the order by the customer will be possible after confirmation by LENAPPY, which is expressly accepted by the customer, subject to the provisions of Article 9 of these ToS.
3.3. Order cancellation
LENAPPY reserves the right to cancel or refuse any order from a customer with whom there is a dispute over payment of a previous order on the website or with LENAPPY.
Similarly, LENAPPY may refuse or cancel an order placed by a customer when there is a legitimate reason to suspect that the order is not legitimate or reflects an illegal maneuver such as the unauthorized use of means of payment belonging to a person other than the one placing the order.
LENAPPY can ask the customer who placed the order to produce documents or proof of his identity, his legal capacity to contract the purchase or proving that he is legitimately authorized to use the means of payment used for the order.
ARTICLE 4 - PRICES
The articles are supplied at the prices in force on the website on the day the order is registered.
Unless otherwise stated, prices are expressed in US Dollar and include all taxes.
The prices take into account possible reductions which would be granted by LENAPPY in the conditions specified elsewhere on the site or on the page of product.
These rates are firm and non revisable during their period of validity, as indicated on the website. LENAPPY reserves the right, outside this period of validity, to modify the prices at any time.
An invoice is established by LENAPPY and given by email to the customer at the time of the confirmation of the taking into account of its order.
ARTICLE 5 - PAYMENT
The payment of the order is made by credit card (Blue, Visa, Mastercard, American Express) or by PAYPAL.
The payment is made in cash and in full on the day the order is placed by the Customer if the articles do not benefit from a payment in several times.
The price paid by the customer corresponds to the addition of the price of each ordered article and the services subscribed at the time of the validation of the order such as insurances, express delivery, priority treatment of the order, contractual guarantees, extension of guarantee... this list not being exhaustive.
LENAPPY reserves the right, in the event of non-observance of the conditions of payment appearing above, to suspend or to cancel the supply of the articles ordered by the customer. The customer will not be able to request any compensation or reimbursement in this regard.
LENAPPY cannot be held responsible in case of fraudulent use by third parties of the means of payment used.
The payments made by the customer will be considered final only after effective collection by LENAPPY of all sums due.
The customer using means of payment belonging to a third party, victim of theft or extortion, exposes himself to a complaint from LENAPPY and to legal proceedings.
5.1 Access to the ordering platform
The articles are accessible on the platform, website or application that is made available to the customer by LENAPPY. The customer has access to the platform through a login and password that he receives by email after the confirmation of payment or by a hyperlink referring to his order or his cart. The login and password, as well as the hyperlink, are strictly personal and confidential. The Customer is exclusively responsible for the confidentiality of his login and password once they have been delivered to him. It is up to him when the option is available to personalize and remember his password and identifiers.
Access to the platform is individual. Consequently, it is only available and valid for one person. In the event that it is proven or proved that the platform would be used by several people on a single identifier and password, LENAPPY reserves the right to suspend or interrupt the access of the customer or to charge additional fees.
In addition, the right of access to this platform is personal, non-transferable and non-transferable. In case of non-compliance with this rule by the customer, LENAPPY reserves the right to immediately remove his access to the platform, without the customer being able to claim any compensation or refund. The sums already paid to LENAPPY will remain acquired as compensation.
ARTICLE 6 - DELIVERY TERMS
The articles are delivered to the delivery address that was indicated at the time of the order within the time indicated on the card of the ordered articles.
This time does not take into account the preparation time of the order.
When the Customer orders several items at the same time, they may have different delivery times and be sent according to different methods.
In the event of late delivery, the customer has the option to cancel the contract under the Terms of sale defined in Article L 138-2 of the Consumer Code. LENAPPY then proceeds to the reimbursement of the articles and the costs imposed on the seller by Article L 138-3 of the Consumer Code.
LENAPPY reminds that when the customer takes physical possession of the items, the risks of loss or damage of the items are transferred to him.
It is the customer's responsibility to notify the carrier of any reserves on the delivered items.
ARTICLE 7 - RIGHT OF WITHDRAWAL
After the issuance of an order, the Customer has a right of withdrawal involving for LENAPPY the obligation to refund the sums paid within the framework and limits prescribed by the LAW No. 2014-344 of March 17, 2014 relating to consumption and more generally the laws governing the relationship Seller and Consumer applicable to the subjects of the European Union law.
LENAPPY does not bear the cost of returning goods when the Customer exercises his right of withdrawal.
If LENAPPY decides to take charge of these costs for a particular customer, this would only be a one-time commercial gesture that does not give the beneficiary or anyone else a general and absolute right to take charge of the cost of shipping the goods in the event of retraction.
In this case, LENAPPY neither applies nor extends the application of European law to persons having placed an order outside the territories of the European Union.
Furthermore, LENAPPY decides at its own discretion on the amount of costs related to the delivery of goods in France or abroad. If it decides to grant a free delivery on a given territory, deliveries on other territories can be charged at different rates.
The right of withdrawal is applicable on lenappy.us only to physical goods covered by the above mentioned laws.
In order to be refunded the returned goods have to be returned in our head office based in France. Do not return any goods without contacting us first.
ARTICLE 8 - 100% MONEY BACK GUARANTEE
Notwithstanding the provisions of article 7 above, LENAPPY may offer the customer a period of time exorbitant to common law from the day of delivery of the ordered items to cancel the sale in the event that he is not satisfied with the items. In this case, the guarantee applies only to the articles designated by LENAPPY.
The customer is reimbursed for the totality of the sums paid at the latest within thirty days from the date on which LENAPPY collects the goods delivered.
ARTICLE 9 - INTELLECTUAL PROPERTY
9.1. Objects and services concerned
LENAPPY is the exclusive owner of all intellectual property rights attached to the texts, including the present ToS, videos or sound contents and digital books available on lenappy.us. No transfer of intellectual property rights is made through these Terms of sale.
The Customer shall not have the right to use the text, video or audio content and digital books for reproduction, modeling, adaptation, sharing or exploitation for personal purposes or for the benefit of third parties. In addition, the Customer may not claim or collect any sum whatsoever, with or without interest, from the commercial exploitation by LENAPPY of any content made available to the public on lenappy.us
The Customer accepts the principles and effects that any violation of this clause is likely to cause financial damage to LENAPPY which may seek compensation.
All texts including these ToS, comments, works, illustrations, photographs, videos, soundtracks, trademarks, integrated into the website lenappy.us are the exclusive property LENAPPY and are protected by French and international laws governing intellectual property.
Any total or partial reproduction of this content is prohibited and may constitute an infringement of copyright.
ARTICLE 10 - LIMITATION OF LENAPPY'S LIABILITY
10.1. Website usage
LENAPPY reserves the right to modify, suspend or interrupt the website lenappy.us as well as the platform and the articles at any time, with or without notice, without its responsibility being sought by the Customer or third parties due to the exercise of this right.
Without prejudice to the above, LENAPPY implements the means to ensure that the website and the platform are functional and accessible at all times. However, its responsibility in the matter could not be committed in the event of interruption of the services due in particular to the host of the Web site, to the suppliers of the means of payment, to the force majeure, to the consequences of an action of the public force or in the event of malicious acts initiated by thirds or computer hackers.
In the event of an anomaly discovered by the customer, the latter undertakes to inform LENAPPY as soon as possible so that the latter can remedy it.
LENAPPY does not guarantee that the use of the website lenappy.us and the platform will be without interruption or error, the Customer accepts that LENAPPY may periodically suspend access to the website or the platform, even for indefinite periods, or may withdraw access at any time to the website or to the items sold without notice.
LENAPPY does not warrant that the lenappy.us website and platform will always and at all times be protected against loss, corruption, attacks, viruses, interference, hacking or any other breach of security and disclaims all liability in this regard. The customer is aware and accepts that the use of a service or the recourse to a commercial transaction by Internet does not contain zero risk and renounces to seek the responsibility of LENAPPY in this case.
LENAPPY cannot be considered responsible for the total or partial non-performance of the contract due to a fortuitous event independent of its will or the occurrence of a force majeure making it impossible for LENAPPY to perform its contractual or legal obligations in good faith.
10.2. Use of items purchased on lenappy.us
As for the functionalities of the articles and the response to a need that they are supposed to bring, LENAPPY is held only by an obligation of means. Consequently, LENAPPY cannot be held responsible for the use and the objectives that the customer would like to reach by ordering such or such article.
ARTICLE 11 - PARTIAL INVALIDITY
In the event that a stipulation of the Terms of sale is invalidated for any reason whatsoever, this invalidation shall have no effect on the validity of other stipulations.
ARTICLE 12 - DATA PROTECTION ACT
In application of the law 78-17 of January 6, 1978, it is recalled that the personal data requested from the customer is necessary for the processing of his order and in particular for the establishment of invoices. This data can be communicated to possible partners of LENAPPY in charge of the expedition, the treatment, the management and the payment of orders.
The customer has a permanent right of access, modification, rectification and opposition to the information concerning him.
In this case, the customer must send a letter and prove his identity, using the contact form on the site lenappy.us.
ARTICLE 13 - JURISDICTION
The Terms of sale and the operations resulting from them are governed by and subject to French law.
All disputes to which the purchase and sale operations concluded in application of the present Terms of sale could give rise, as much concerning their validity, their interpretation, their execution, their cancellation, their consequences and their consequences and which could not find an amicable resolution between the parties are the responsibility of the courts of the jurisdiction of LENAPPY's registered office.
The customer is required before any recourse to a conventional mediation, in particular with the Commission of Mediation of Consumption or the intermediary of the authorities of sectorial mediation or any other alternative mode of settlement of the disputes such as the conciliation.
ARTICLE 14 - PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The Customer assures to have obtained communication, in particular at the time of the conclusion of the sale contract and this in a legible and comprehensible way, the present ToS and all the information enumerated by the code of the consumption, and in particular the following ones:
Essential characteristics of the articles,
Price of the articles and the additional expenses;
Information relating to the identity of the salesman, its postal and electronic coordinates, and its activities;
Information relating to the legal and contractual guarantees and their methods of implementation,
Possibility of resorting to a conventional mediation in the event of litigation;
Information relating to its right of withdrawal;
Accepted means of payment.
The fact that an individual or a legal entity orders on the lenappy.us website implies full acceptance of these Terms of sale and the obligation to pay the exact price of the items ordered and services subscribed to.
ARTICLE 15 - MINKY, DUO, TRIO OFFERS
Full or partial refunds can be obtained under these promotions by returning the eligible items, along with the free or discounted item(s) and your proof of purchase. We cannot process refund requests without all of these items. Excluding applicable warranties, the free or discounted item cannot be refunded or credited. The exchange must be for a similar item of equal or lesser value. In the case of a remote sale for which you would exercise your right of retraction by returning one or more eligible articles, the benefit of the reduction conditioned to the number of articles bought could be lost. In this case, LENAPPY will deduct from the amount of your refund, the amount corresponding to the difference between the reduced price that you have paid and the normal unit price of the product(s) returned.