General terms and conditions
INTRODUCTION
The company L.Hôtel, an SNC with capital of 12,128,788 Euros, 43 boulevard Raspail, 75006 Paris, registered in the Paris Trade and Companies Register under no. 451 324 867 (hereinafter referred to as MANDARIN ORIENTAL LUTETIA, PARIS), publishes the website accessible at the following address:
laboutique.hotellutetia.com
Its Siret number is 45132486700022 and its intra-community VAT number is FR16451324867. Its telephone numberis+ 33 (0)1 49 54 46 00 and itse-mail address is contact@hotellutetia.com .
LUTETIA PARIS offers Internet users who connect to the "Lutetia Shop" section (hereinafter the " Site ") the opportunity to purchase the " Lutetia " products offered for sale there.
SCOPE OF APPLICATION
The present general terms and conditions of sale (hereinafter: the " General Terms and Conditions of Sale ") - which specify, in particular, the terms and conditions of order, payment, delivery and possible return - are applicable to all sales of products concluded via the Site, either for delivery in metropolitan France, including Corsica, or for collection by the Customer by click and collect under the conditions described in the present General Terms and Conditions of Sale.
Perishable goods, food products and beverages are available exclusively by click and collect and are not delivered by MANDARIN ORIENTAL LUTETIA, PARIS.
Consequently, the customer declares to have read the General Sales Conditions before placing his order. In this respect, with each order on the Site, the customer must confirm his acceptance of the General Terms and Conditions of Sale by checking the box " I have read and accepted the general terms and conditions of sale of the Lutetia Paris online store ". This validation at the time of the order is thus worth acceptance without restriction nor reserve of the aforementioned General Conditions of Sale. These can be kept by computer recording and/or be reproduced by printing by the customer. We advise you to keep a copy.
The General Terms and Conditions of Sale will be applicable for as long as they appear on the Site. MANDARIN ORIENTAL LUTETIA, PARIS may modify and update these General Terms and Conditions of Sale at any time, it being specified that the General Terms and Conditions of Sale applicable will be those in force at the date of the order by the customer and as formally accepted by the latter.
CUSTOMER IDENTIFICATION
The online sale of products on the Site is exclusively reserved for consumer customers, as defined by law and jurisprudence, who are not acting for professional purposes, domiciled on the territory of the European Union as well as on the territories of Japan, the United States of America, Switzerland, San Marino, and Andorra. The customer must also be at least sixteen (16) years old, the order of alcoholic products being in any case reserved for adults over eighteen (18) years.
The customer's attention is drawn to the fact that MANDARIN ORIENTAL LUTETIA, PARIS offers delivery of products only within the territory of Metropolitan France, including Corsica, as recalled below. The customer must therefore ensure, unless he wishes to be delivered, that he has a valid address in France, including Corsica, for this purpose, allowing smooth delivery.
As for the click and collect, the customer will have to ensure the possibility of going to the point of withdrawal communicated at the day and hour reserved for this purpose in order to take possession of the ordered product(s).
Alcoholic beverages only available through click and collect may only be sold to persons of legal age under the conditions defined below.
In order to protect itself against product orders made for other purposes and, in particular, to prevent any risk of parallel sales of its products, MANDARIN ORIENTAL LUTETIA, PARIS has decided to limit the order of each product to a maximum of six (6) identical copies and twelve (12) for porcelain plates.
PROTECTION OF PERSONAL DATA
In order to enable the online sale of its products and the conclusion of the sales contract, MANDARIN ORIENTAL LUTETIA, PARIS will collect personal data essential to the registration, processing and follow-up of orders, such as, in particular: title, surname, first name, age, delivery address, billing address, e-mail address, telephone numbers (office, home, mobile), etc. of each customer.
The company responsible for processing the data isL.Hôtel, SNC located at 43 boulevard Raspail, 75006 Paris, registered with the Paris Trade and Companies Register under number 451 324 867.
In order to purchase a product for the first time, the customer must complete an order form specifying certain mandatory fields so that MANDARIN ORIENTAL LUTETIA, PARIS can take into account the product selection. The customer may object to the processing of his personal data, it being however specified that in such a case MANDARIN ORIENTAL LUTETIA, PARIS will not be able to respond favorably to his order, the collection and processing of his data being essential for the purposes of carrying out the sale, collection and delivery.
The information provided by the customer at the time of each order must be complete, accurate and up-to-date. Failing this, MANDARIN ORIENTAL LUTETIA, PARIS will not be able to execute orders.
The collection and processing of the customer's personal data is carried out in accordance with current legislation on the protection of personal data.
The customer is informed that personal data may be communicated in whole or in part only to employees and service providers (notably subcontractors) of MANDARIN ORIENTAL LUTETIA, PARIS involved in the execution of orders (notably, for payments and deliveries) and bound by confidentiality and security commitments and in compliance with current legislation on the protection of personal data. The customer's personal information will be kept for as long as is necessary for MANDARIN ORIENTAL LUTETIA, PARIS to perform its services, unless the customer exercises his or her right to delete the data concerning him or her, or if a longer retention period is authorized or imposed by virtue of a legal or regulatory provision.
During this period, we take all necessary steps to ensure the confidentiality and security of your personal data, so as to prevent damage, deletion or access by unauthorized third parties.
Some of the recipients of your data are located outside the European Union, in the state, in Canada.
The following guarantee has been taken to ensure a sufficient level of protection of your information since Canada offers an adequate level of protection by decision of the European Commission for any commercial activity, it being specified that if this state of affairs were to change MANDARIN ORIENTAL LUTETIA, PARIS would ensure that the transfer is supervised, in accordance with the requirements of European Regulation n°2016/679/EU of April 27, 2016 (standard protection clauses adopted by the European Commission or the CNIL, binding company rules validated by the CNIL, code of conduct approved by the CNIL or certification issued by an approved certification body).
Apart from the cases set out above, we undertake not to sell, rent, transfer or give access to third parties to your data without your prior consent, unless we are obliged to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defense, etc.)."
In accordance with the regulations applicable to personal data, the customer has the following rights, which can be exercised by providing proof of identity (in order to verify its accuracy):
- he can exercise his right of access, to know the personal data concerning him, by writing to the following e-mail address dpo@thesethotels.com.
- he can ask for the correction of the information, by writing to the following e-mail address: dpo@thesethotels.com;
- the customer may request the deletion of his/her personal data, in accordance with applicable data protection laws, by writing to the following e-mail address dpo@thesethotels.com ..
- The customer can ask for the update of his data by writing to the following e-mail address dpo@thesethotels.com.
- The customer can request the portability of his personal data, by writing to the following email address dpo@thesethotels.com.
- During the time of implementation of the above operations by the data controller, the Customer may request the limitation of the processing of his data by writing also to the following e-mail address dpo@thesethotels.com ..
The customer may also exercise the above rights by writing to Lutetia, DPO, 45 boulevard Raspail, Paris, 75006 France
For any additional information or complaint, you can contact the Commission Nationale de l'Informatique et des Libertés (more information on www.cnil.fr).
HOW TO ORDER ONLINE
For each product selected and added to the customer's shopping cart displayed on the Site (hereinafter " Shopping Cart "), a summary web page will be displayed, including the product's photograph, its description and reference, the quantity selected, the unit price (excluding VAT and taxes), the shipping methods and costs as well as the total amount of the order.
MANDARIN ORIENTAL LUTETIA, PARIS takes the utmost care and accuracy in the presentation and description of the products offered on the Site (including photographs and graphics) within the limits of technology, the computer equipment used and in compliance with the best market standards. However, it is possible that non-substantial errors may appear on the Site, which the customer acknowledges and accepts. The customer may contact the switchboard at + 33 (0)1 49 54 46 00 of MANDARIN ORIENTAL LUTETIA, PARIS by calling the number indicated on the Site for any additional information or questions he or she may have before ordering products. In any event, in the event of non-conformity of the product delivered in relation to its description on the Site, MANDARIN ORIENTAL LUTETIA, PARIS undertakes to correct this error: the consumer may either exercise his right of withdrawal, or implement the guarantee of conformity of MANDARIN ORIENTAL LUTETIA, PARIS under the conditions defined below.
The customer will have the opportunity to check the details of his order and its total price mentioned in his Shopping Cart and, if necessary, to correct any errors, before definitively validating his order and formally expressing his acceptance by clicking on the " Order and Pay " icon. Upon validation, the order is transmitted to MANDARIN ORIENTAL LUTETIA, PARIS for processing. It may only be modified and/or cancelled under the conditions expressly set out in the General Terms and Conditions of Sale.
A summary of the order will be sent to the customer without delay by e-mail to the address communicated by the customer. To this end, the customer formally accepts the use of electronic mail for the summary by MANDARIN ORIENTAL LUTETIA, PARIS of the contents of his/her order. By keeping this e-mail and/or printing it out, the customer has proof of the order, which MANDARIN ORIENTAL LUTETIA, PARIS recommends that he/she keep. It is also recommended that the customer immediately inform MANDARIN ORIENTAL LUTETIA, PARIS of any errors and/or omissions contained in this summary.
This email includes, in particular, all the information communicated by the customer as well as the total price of his order, the delivery time and costs, or the date and time reserved for taking possession of products by means of click and collect, with indication, if necessary, of any difficulties or reservations raised by the order.
The data recorded by the Site as summarized in said e-mail constitutes proof of all transactions between MANDARIN ORIENTAL LUTETIA, PARIS and the customer.
MANDARIN ORIENTAL LUTETIA, PARIS reserves the right to refuse and/or cancel any customer order that does not comply with the General Terms and Conditions of Sale.
MANDARIN ORIENTAL LUTETIA, PARIS, in accordance with article L. 121-11 of the French Consumer Code, also reserves the right to refuse an Order for legitimate reasons, and in particular, when there is a dispute with the Customer concerning the payment of a previous order.
MANDARIN ORIENTAL LUTETIA, PARIS, directly or via its transport provider, will also send the customer an order tracking number by e-mail, enabling him to check the progress of his order and delivery, or its availability via click and collect.
MINORS
In accordance with the provisions of Article L3342-1 of the French Public Health Code, the sale of alcohol to minors under the age of eighteen (18) is prohibited. Consequently, the purchase of any alcohol-based product during the Order process is strictly forbidden to minors under the age of eighteen (18). By placing an order for an alcoholic product on our site, you expressly declare that you are over the age of 18. Since alcoholic beverages are only available for pick-up by Click and Collect, the Customer will be asked to show proof of identity when picking up his or her Order by Click and Collect.
PRICE
The price of the products presented on the Site in Euros is exclusive of tax (HT) and all taxes included (TTC) according to the details on the Site and, in any case, excluding delivery costs.
The price of each of the products that the customer wishes to purchase, as well as the amount of delivery charges -which vary according to the shipping method and delivery address chosen by the customer- will be communicated to the customer on the Site in the Shopping Cart before the order is validated, as well as in the electronic message summarizing the order that will be sent to the customer by MANDARIN ORIENTAL LUTETIA, PARIS. In addition, the customer will receive, upon delivery and for each product delivered, written confirmation of the price paid, detailing the price of the products and the delivery charges.
AVAILABILITY
Product offers and prices are valid as long as they are visible on the Site, and within the limits of available stocks, the customer being informed of the availability of products at the time of placing his order.
If, despite the vigilance of MANDARIN ORIENTAL LUTETIA, PARIS and exceptionally, products ordered are not available (in particular, in the case of simultaneous orders of the same product by several customers), MANDARIN ORIENTAL LUTETIA, PARIS will inform the customer by e-mail as soon as possible, proposing either to order another product presented on the Site as a replacement, or to cancel the order. If the customer chooses to cancel the order, the price will be reimbursed by crediting the customer's bank account if it has been previously debited.
It is specified that MANDARIN ORIENTAL LUTETIA, PARIS reserves the right to change at any time and without notice the products and prices of the products offered on the Site, it being specified that those offered for sale and their corresponding prices will be those in force at the time of the order as selected by the customer when validating the latter.
PAYMENT CONDITIONS
Any order placed on the Site must be paid by the customer immediately after the validation of the order by credit card by clicking on the tab " Order and Pay ".
Products ordered remain the property of MANDARIN ORIENTAL LUTETIA, PARIS until full payment has been received by MANDARIN ORIENTAL LUTETIA, PARIS.
PAYMENT BY CREDIT CARD
The customer guarantees MANDARIN ORIENTAL LUTETIA, PARIS that he/she is the holder of the bank card used for payment and that the name appearing on the card is his/her own. He/she communicates, in a secure internet environment integrated into the Site by MANDARIN ORIENTAL LUTETIA, PARIS's financial partner, the sixteen-digit number, the expiry date and the cryptogram numbers appearing on his/her bank card. It is hereby specified that MANDARIN ORIENTAL LUTETIA, PARIS does not collect or retain the customer's credit card details.
The transaction is then carried out according to the banking security standards. The debit of the bank card will occur at the time of the confirmation of the payment operation carried out by the customer in the secured payment environment. The customer therefore authorizes his bank in advance to debit his account on the basis of the records or statements transmitted via the aforementioned secure payment environment, even in the absence of invoices signed by the bank card holder.
In the event that, for any reason whatsoever (opposition, refusal of the issuing center, etc.), the debit of the sums due by the customer proves impossible, the purchase process on the Site will be cancelled, the order will not be recorded by MANDARIN ORIENTAL LUTETIA, PARIS and/or will be cancelled. In such a case, MANDARIN ORIENTAL LUTETIA, PARIS will inform the customer on the Site and/or by e-mail.
PREPARATION AND DELIVERY
Preparation time of the order: 24 hours (working days),
Products purchased on the Site and available for delivery can only be delivered to the address indicated by the customer on the Site, in metropolitan France, including Corsica. Any delivery address located outside of these territories will be refused during the online ordering process.
The customer must ensure that he/she has provided accurate and complete information regarding the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.). Inaccurate information may result in additional delays in delivery or even reshipment.
The delivery of the products to the customer's address will take place, after the payment of the order has been recorded, at the delivery address communicated by the customer, on the date or within the period indicated by MANDARIN ORIENTAL LUTETIA, PARIS and at the latest within thirty (30) days following the date of the order.
If the order is not delivered by the deadline, the customer may request the resolution of the sale and the refund of all sums paid by sending an email with proof of identity as soon as possible to the address: laboutique@hotellutetia.com
He will inform MANDARIN ORIENTAL LUTETIA, PARIS without delay and undertakes not to take receipt of the product ordered in the event that it is delivered to him, despite the dispatch of his cancellation notice.
The customer must check the conformity of the products at the time of delivery and, in particular: either, to indicate on the delivery order, in the form of handwritten reserves accompanied by his signature the possible anomalies noted, or -as soon as possible- to contact MANDARIN ORIENTAL LUTETIA, PARIS by electronic mail or postal mail if possible with photograph or by telephone, with MANDARIN ORIENTAL LUTETIA, PARIS exposing the noted nonconformity.
The Customer is also obliged to make any reservations and claims that he/she deems necessary, or even to refuse the package, when the package is obviously damaged upon delivery. These reservations and claims must be addressed to the carrier by registered letter with acknowledgement of receipt within three working days, not including public holidays, following the date of delivery of the Products.
The Customer must also send a copy of this letter to the Seller. Failure to file a claim within the aforementioned period shall extinguish any action against the carrier in accordance with Article L. 133-3 of the French Commercial Code.
RIGHT OF WITHDRAWAL
The customer benefits for the majority of the products available on the site of a right of retraction.
The Customer is hereby informed that, in accordance with Article 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for:
1° The supply of services fully performed before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, whose performance has begun with his prior and express agreement and with his acknowledgement of the loss of his right of withdrawal, when the service will have been fully performed by the professional;
2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3° The supply of goods made to the consumer's specifications or clearly personalized;
4° The supply of goods likely to deteriorate or expire rapidly, in particular perishable goods;
5° The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° The supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
7° The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the control of the professional;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to meet the emergency;
9° The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11° Sales concluded at a public auction;
12° The supply of accommodation services, other than residential accommodation, goods transport services, car hire, catering or leisure activities which must be provided on a specific date or at a specific time;
13° The supply of digital content without material support, where performance has begun before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, where:
a) He has previously given his express consent for performance of the contract to begin before expiry of the withdrawal period; and
b) He has acknowledged that he will lose his right of withdrawal; and
c) The trader has provided confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of article L. 221-13.
For products other than those mentioned above, the Customer has a right of withdrawal that he/she may exercise, without having to justify his/her reasons, within fourteen (14) days from the date of receipt of the products ordered on the Site. If this period expires on a Saturday, a Sunday or a holiday, it is extended to the next working day.
To exercise the right of withdrawal, you must notify us of your decision to withdraw by means of an unambiguous statement (e.g. letter sent by registered post).
A model withdrawal form is appended to these general terms and conditions of sale. You may use this model, but it is not obligatory.
In order for the withdrawal period to be observed, it is sufficient for you to send your notice of withdrawal before the expiration of the withdrawal period.
In the event of your withdrawal from this Agreement, we will refund all payments received from you, including delivery charges (except for any additional charges arising from the fact that you have chosen a delivery method other than the cheaper standard delivery method offered by us) without undue delay and in any event no later than fourteen days from the day we are informed of your decision to withdraw from this Agreement.
We will process the refund using the same payment method you used for the original transaction.
In any case, this refund will not cause any expenses for you, only the expenses of return remaining with your load
In this case, you must return the products to the following address in their original condition (or, at least, in packaging that provides equivalent protection for the said products during their return transport), in perfect condition to allow them to be sold by LUTETIA PARIS, and complete with the return/retraction slip placed in the package:
Mandarin Oriental Lutetia, Paris
MANDARIN ORIENTAL LUTETIA, PARIS
Online store returns service / Marketing
21 rue de Sèvres
75006 Paris
It is recommended to the customer to keep the proof of this return, which supposes that the products are returned by registered mail, or by any other means giving certain date. The costs and risks of return remain in any case the responsibility of the customer.
Products returned incomplete, altered, damaged and/or soiled by the customer will not be refunded in full.
CLICK AND COLLECT
MANDARIN ORIENTAL LUTETIA, PARIS also offers products on the Site that are only available by click and collect, in other words products that cannot be delivered and are only available, after ordering on the Site, for collection by the customer at MANDARIN ORIENTAL LUTETIA, PARIS.
The products only available in click and collect are perishable products, food products or drinks
When the order is placed, the customer chooses one of the proposed pick-up times to pick up the order directly at the Lutetia Paris - 45 boulevard Raspail - 75006 Paris. The proposed pick-up time cannot be later than 30 days after the order has been validated. MANDARIN ORIENTAL LUTETIA, PARIS undertakes to deliver the order to the customer on the day and at the time selected on the site, upon presentation of the order confirmation e-mail and an identity card.
For perishable Products, food products or beverages, MANDARIN ORIENTAL LUTETIA, PARIS will not be able to keep an order that has been forgotten by the Customer or that the Customer has not come to collect on the day and time selected. Any order forgotten or not collected on the said day and time will not be reimbursed, and no new provision will be made, unless a new agreement is reached between MANDARIN ORIENTAL LUTETIA, PARIS and the Customer.
For other products, MANDARIN ORIENTAL LUTETIA, PARIS will keep them for a maximum of 15 days, and the Customer undertakes to contact MANDARIN ORIENTAL LUTETIA, PARIS in order to arrange a new day and time for collection during this storage period, by mutual agreement with the seller, on the following telephone number:
+ 33 (0)1 49 54 46 00.
An email confirming the new time slot will be sent to the Customer's email address provided when the initial order was placed.
If this new window is not respected, MANDARIN ORIENTAL LUTETIA, PARIS will no longer be obliged to keep the product, which will not be reimbursed to the Customer.
The Customer is required to ensure the conformity of his order at the time of its collection.
CONTRACTUAL NON-CONFORMITY
In the event of non-conformity of the product delivered to the customer, the latter may ask MANDARIN ORIENTAL LUTETIA, PARIS to repair or replace the product by contacting the MANDARIN ORIENTAL LUTETIA, PARIS customer service department on 01 49 54 46 00 in order to obtain the prepaid label and the specific procedure to follow.
To this end, the products concerned must be returned complete and in their original condition (or, at least, in packaging that provides equivalent protection for the said products during their return transport) and enclosing the return/retraction slip placed in the package to the following address
Mandarin Oriental Lutetia, Paris
MANDARIN ORIENTAL LUTETIA, PARIS
Online store returns service / Marketing
21 rue de Sèvres
75006 Paris
MANDARIN ORIENTAL LUTETIA, PARIS will only accept the return of non-conforming or defective products using the prepaid label sent by MANDARIN ORIENTAL LUTETIA, PARIS by email.
Subject to compliance with the aforementioned reservations, in the absence of possible replacement of the returned product, MANDARIN ORIENTAL LUTETIA, PARIS will refund the price of the non-conforming products to the customer's bank account corresponding to the bank card used on the day of the order within fourteen (14) days of receipt by MANDARIN ORIENTAL LUTETIA, PARIS of the returned products. In the event of total or partial reimbursement of a purchase made with a gift card, a new card will be created and credited with the balance of the aforementioned card and the amount to be reimbursed.
LEGAL GUARANTEES
The above specific warranty conditions do not deprive the customer of the benefit of the legal warranties of conformity and relative to the defects of the sold product or of the warranty of the hidden defects whose main specificities are described below:
WARRANTY OF CONFORMITY :
The good conforms to the contract within the meaning of the provisions of article L 217-4 of the French Consumer Code, if it meets, in particular, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for in the contract;
2° It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of conclusion of the contract and accepted by the latter;
3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;
4° It is updated in accordance with the contract.
As stated in Article L 217-5 of the French Consumer Code, goods are also considered compliant if they meet the following criteria:
"1° It is fit for the use normally expected of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it possesses the qualities that the seller presented to the consumer in the form of a sample or model, prior to the conclusion of the contract;
3° Where applicable, the digital elements it contains are supplied according to the most recent version available at the time the contract is concluded, unless the parties agree otherwise;
4° Where applicable, it is supplied with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5° Where applicable, it is supplied with updates that the consumer can legitimately expect, in accordance with the provisions of article L. 217-19;
6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the good as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.
II.-.However, the seller is not bound by any public statements mentioned in the preceding paragraph if he can demonstrate:
1° That he was not aware of them and could not legitimately have been aware of them;
2° That at the time the contract was concluded, the public statements had been corrected under conditions comparable to the initial statements; or
3° That the public statements could not have influenced the decision to purchase.
III. -The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the good, which he was specifically informed deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately consented when the contract was concluded."
MANDARIN ORIENTAL LUTETIA, PARIS is liable for defects in conformity existing at the time of delivery of the goods within the meaning of article L. 216-1, which appear within two years of delivery. Defects of conformity which appear within twenty-four months of delivery of the goods are, in the absence of proof to the contrary, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the defect claimed.
The legal guarantee of conformity gives the customer the right to repair or replace the goods within thirty days of his request, without charge and without major inconvenience to him.
Any goods repaired under the legal warranty of conformity benefit from a six-month extension of this warranty.
If the consumer chooses to have the goods repaired but this is not carried out by MANDARIN ORIENTAL LUTETIA, PARIS, the customer is entitled to a new period of legal warranty of conformity for the goods replaced. This provision applies from the date on which the replacement item is delivered to the customer.
MANDARIN ORIENTAL LUTETIA, PARIS may, however, refuse to bring the good into conformity if this is impossible or would entail costs disproportionate to 1° the value that the good would have had in the absence of the lack of conformity;2° the importance of the lack of conformity; and 3° the possible possibility of opting for the other choice without major inconvenience for the consumer.
The customer may obtain a reduction in the purchase price by retaining the good, or terminate the contract by obtaining a full refund against return of the good, if: 1° MANDARIN ORIENTAL LUTETIA, PARIS refuses to repair or replace the good; 2° The repair or replacement of the good occurs after a period of thirty days; 3° The repair or replacement of the good causes a major inconvenience for the customer, in particular when the customer definitively bears the costs of taking back or removing the non-conforming good, or if he bears the costs of installing the repaired or replacement good; 4° The non-conformity of the good persists despite MANDARIN ORIENTAL LUTETIA, PARIS' attempt to bring it into conformity remaining unsuccessful.
The customer is also entitled to a reduction in the price of the goods or to rescission of the contract when the lack of conformity is so serious that it justifies the reduction in price or the rescission of the contract being immediate.
The customer is then not obliged to ask for the repair or replacement of the good beforehand.
However, the customer is not entitled to rescind the sale if the lack of conformity is minor.
Any period of immobilization of the good for its repair or replacement suspends the guarantee which remained to run until the delivery of the good restored.
The customer is invited for all these questions to refer to the texts of articles L 217-1 to L 217-32 of the code of consumption available on the site www.legifrance.gouv.fr.
WARRANTY AGAINST DEFECTS
In addition, the customer benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect.
The warranty for hidden defects entitles the purchaser to a price reduction if the goods are kept, or to a full refund in exchange for the return of the goods. Goods must be returned to MANDARIN ORIENTAL LUTETIA, PARIS in the condition in which they were received, with all components (accessories, instructions, etc.) in packaging that allows them to be transported in good condition. Shipping costs will be reimbursed to the customer on the basis of the invoiced rate and return shipping costs will be covered by MANDARIN ORIENTAL LUTETIA, PARIS.
These guarantees are without prejudice to the right of withdrawal provided for above that the customer may in any case implement.
INTELLECTUAL PROPERTY RIGHTS
The trademarks reproduced on the site, as well as all trademarks, whether figurative or not, and more generally all other trademarks, illustrations, images and logos appearing on the site, the Goods, their accessories and their packaging, whether registered or not, are and shall remain the exclusive property of MANDARIN ORIENTAL LUTETIA, PARIS. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of MANDARIN ORIENTAL LUTETIA, PARIS, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logotype or, more generally, any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs, models and patents that may affect the Goods and the Site, which are the property of MANDARIN ORIENTAL LUTETIA, PARIS.
NON-WAIVER
The fact that MANDARIN ORIENTAL LUTETIA, PARIS refrains from requiring at a given moment the execution of any of the stipulations of the General Terms and Conditions of Sale cannot be interpreted as a waiver of the right to invoke the said total or partial non-execution at a later date.
VALIDITY OF THE GENERAL CONDITIONS OF SALE
If any of the provisions of the General Terms and Conditions of Sale are declared null and void or are wholly or partly unenforceable, the other provisions, rights and obligations arising from these General Terms and Conditions of Sale shall remain unaffected and shall continue to apply unless their application is rendered impossible.
MAJOR FORCE
Performance by MANDARIN ORIENTAL LUTETIA, PARIS will be suspended in the event of a fortuitous event or force majeure that hinders or delays performance.
MANDARIN ORIENTAL LUTETIA, PARIS will notify the Customer of the occurrence of such a fortuitous event or force majeure within three days from the date of occurrence of the event.
If MANDARIN ORIENTAL LUTETIA, PARIS continues to suspend the performance of its obligations for a period of more than one hundred and twenty days, the Customer may cancel the current Order and MANDARIN ORIENTAL LUTETIA, PARIS will refund the Order.
MEDIATION
The general terms and conditions of sale are governed by French law, unless otherwise stipulated by EC regulation no. 593/2008 of June 17, 2008 on the law applicable to contractual obligations (Rome I).
Under article L. 612-1 of the French Consumer Code, all consumers have the right to free recourse to a consumer mediator with a view to amicably resolving their dispute with a professional.
In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, we offer a consumer mediation service.
The mediation entity selected is: MEDIATION CONSOMMATION DÉVELOPPEMENT/MED CONSO DEV
In the event of a dispute, you can file your complaint on its website: https://www.medconsodev.eu or by mail by writing to:
CONSUMER MEDIATION DEVELOPMENT/MED CONSO DEV
Centre d’Affaires Stéphanois SAS
L’HORIZON BUILDING – ESPLANADE DE FRANCE
3, RUE J. CONSTANT MILLERET – 42000 SAINT-ÉTIENNE
In addition, the European Commission has set up a dispute resolution platform which collects any complaints from consumers following an online purchase, and forwards them to the relevant national ombudsmen. This platform can be reached via the following link: http: //ec.europa.eu/consumers/odr/
APPENDIX
SAMPLE RETRACTION FORM
(Please complete and return this form only if you wish to withdraw from the contract)
Attn: [insert name, geographic address and email address] :
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/services (*):
Ordered on (*)/received on (*) :
Name of consumer(s):
Consumer(s) Address:
Signature of consumer(s) (only if notifying this form on paper) :
Date:
(*) Cross out what is not applicable.