General terms and conditions of use and sale (CGU/CGV)

Preamble

These General Conditions of Use and Sale (hereinafter the “GCU/CGV”) govern :

• access to and use of the www.leroux.com website (hereinafter the “Site”);
• sales of products made via the Site’s online store.

All browsing on the Site and all orders imply full acceptance of these GCU/CGV.

 

I. General Conditions of Use (GCU)

 

Summary of the General Terms of Use (GTU) :

I.1. Purpose

I.2 Publisher identification

I.3 Site access

I.4 Creating and managing a user account

I.5. User behavior

I.6. Site content

I.7. Intellectual property rights

I.8. Hypertext links

I.9. Personal data

I.10. Liability

I.11. Modification of the GCU

I.12. Applicable law and jurisdiction

 

I.1. Purpose

The purpose of these General Conditions of Use (hereinafter “GCU”) is to define the terms and conditions of access and use of the website accessible at www.leroux.com (hereinafter the “Site”), published by CHICORÉE LEROUX.

All browsing on the Site implies the user’s unreserved acceptance of these GTC.

 

I.2 Publisher identification

The Site is published by CHICORÉE LEROUX, a société par actions simplifiée (simplified joint-stock company) with a single shareholder and share capital of €5,251,466, registered with the Douai Trade and Companies Register under number 045 750 817, whose registered office is located at 84 rue François Herbo, 59310 Orchies, France.

Publication manager: Ghislain Lesaffre

Contact: serviceconso@leroux.fr – 03 20 64 48 00

 

I.3 Site access

The Site is accessible free of charge to any user with Internet access. All costs associated with access to the Site (hardware, software, Internet connection, etc.) are the responsibility of the user.

CHICORÉE LEROUX reserves the right to suspend, interrupt or limit access to all or part of the Site, in particular for maintenance operations, without prior notice or compensation.

 

I.4 Creating and managing a user account

Access to certain Site services (ordering, customer account, loyalty program) requires the creation of a personal account.

The user undertakes to provide accurate, complete and up-to-date information when creating an account, and to update this information in the event of any changes.

Login details are strictly personal and confidential. The user is solely responsible for their storage and use. Any action carried out from the user’s account is deemed to have been carried out by the user.

In the event of loss, theft or fraudulent use of his identifiers, the user must immediately inform CHICORÉE LEROUX.

 

I.5. User behavior

The user undertakes to use the Site fairly and in accordance with the regulations in force.

It is forbidden in particular:

• use the Site for illicit or fraudulent purposes;
• infringe the rights of CHICORÉE LEROUX or third parties;
• interfere with the proper operation of the Site;
• introduce viruses or other harmful devices.

CHICORÉE LEROUX reserves the right to suspend or delete a user account without prior notice in the event of a breach of these GCU.

 

I.6. Site content

In particular, the Site offers :

• informative content on CHICORÉE LEROUX products and activities;
• an online store;
• interactive areas (contact forms, customer area, newsletters).

The information published on the Site is provided for information purposes only. CHICORÉE LEROUX makes every effort to ensure its accuracy, but does not guarantee the absence of errors or omissions.

Sales made on the site are subject to the General Sales Conditions (GSC) available on the site.

 

I.7. Intellectual property rights

The entire Site, as well as all its components (texts, images, graphics, logos, trademarks, videos, sound elements, databases, etc.), are protected by intellectual property rights and are the exclusive property of CHICORÉE LEROUX or duly authorized third parties.

Any reproduction, representation, modification or use, in whole or in part, of the Site or any of its elements, without the prior written authorization of CHICORÉE LEROUX, is strictly prohibited.

 

I.8. Hypertext links

The Site may contain links to third-party sites. CHICORÉE LEROUX has no control over these sites and accepts no responsibility for their content, operation or practices.

The creation of hypertext links to the Site is subject to the prior authorization of CHICORÉE LEROUX.

 

I.9. Personal data

The procedures for collecting and processing personal data are described in the Privacy and Cookies Policy, which is accessible on the Site.

The user is invited there to take note of the information relating to their rights and how to exercise them in accordance with Regulation (EU) 2016/679 (RGPD).

 

I.10. Liability

CHICORÉE LEROUX endeavours to ensure that the Site is accessible and functions correctly, but is only bound by an obligation of means.

It cannot be held responsible:

• Site interruptions or malfunctions;
• direct or indirect damage resulting from use of the Site;
• incompatibility of the Site with the user’s hardware or software.

 

I.11. Modification of the GCU

CHICORÉE LEROUX reserves the right to modify these GCU at any time.

The applicable GCU are those in force on the day of browsing the Site. It is the user’s responsibility to consult them regularly.

 

I.12. Applicable law and jurisdiction

These GCU are governed by French law.

In the event of a dispute relating to the use of the Site and failing amicable resolution, the French courts shall have sole jurisdiction.

If any provision of these TOU is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

 

 

 

II. General Terms and Conditions of Sale (GTCS)

 

Summary of the General Terms and Conditions (GTC) :

II.1 Scope of application

II.2. Products

II.3. Quality

II.4. Price

II.5. Control

II.6. Purchase voucher

II.7. Payment

II.8. Shipping and deliveries

II.9. Loyalty program

II.10. Sponsorship

II.11. Right of withdrawal

II.12. Warranties

II.13. Liability

II.14. Disputes

II.15. Applicable law

 

II.1 Scope of application

These General Terms and Conditions of Sale (hereinafter the “GTCS”) apply to product sales between SAS CHICORÉE LEROUX (hereinafter “Chicorée Leroux”), a simplified joint stock company with a single shareholder and share capital of 5,251,466 euros, registered with the Douai Trade and Companies Register under no. of Douai under no. 045 750 817, and having its registered office at 84, rue François Herbo, 59310 Orchies, France, FR82045750817and any non-professional customer making a purchase for personal purposes (hereinafter the “Customer”) on the Chicorée Leroux merchant website accessible at the following address: https://www.leroux.com/produits (hereinafter the “Site”).
Chicorée Leroux and the Customer are collectively referred to as the “Parties”. Chicorée Leroux specializes in the processing of tea and coffee (hereinafter referred to as the “Products”).

The Customer declares that he/she is of legal age or has parental authorisation and that he/she has the legal capacity to enter into a contract enabling him/her to place an order on the Site.
The Customer declares that he/she has read and accepted the General Terms and Conditions of Sale and the General Terms and Conditions of Use of the Site, which are accessible on the Site. The GTC are applicable to all our Products.
Chicorée Leroux reserves the sale of Products on the Site to Customers located in mainland France, Corsica and countries within the European Union. It is not possible to make purchases where the total weight of the Products in the order exceeds 15kg. Chicorée Leroux also reserves the right to limit the number of units purchased per product. Customers wishing to make purchases weighing more than 15kg or exceeding the quantity limit set by Chicorée Leroux should contact the sales department at https://www.leroux.com/contact/ or by telephone on 03 20 64 48 00 or by e-mail at sales@leroux.fr. Chicorée Leroux reserves the right to limit the number of units purchased per product.

Any order of Products on the Site implies that the Customer has read and expressly accepted the General Terms and Conditions of Sale by checking, at the time of registration, the box “I have read and accept the General Terms and Conditions of Sale” reserved for this purpose.
The Parties agree that their relations are governed by the General Terms and Conditions of Sale. These terms and conditions may be modified from time to time. It is therefore understood that the applicable GTCS are those in force on the Site on the day the order is placed. Any order implies acceptance of the GCS in effect on the date the order is placed.

Login and customer account

When you place your first order, you choose and enter an e-mail address and create an account and password. The system will then check the uniqueness of the identifier. This strictly confidential password will be requested for each transaction with this account. If you lose or forget your password, you can click on “Forgot password” and enter your e-mail address. You will receive an e-mail with a link to reset a new password as soon as your e-mail address is recognized.

Use of the site is also governed by the General Conditions of Use (GCU) accessible on the Site.

 

II.2. Products

Food products and goodies described on the site.

Product offers are valid for as long as they are visible on the Site, except in the case of special operations whose validity period is specified on the Site. The Customer is invited to consult the availability of Products on the information page for each Product. Chicorée Leroux reserves the right to cease marketing any Product without prior notice. All information on products available for sale on the www.leroux.com website is available on the product page. Customers can find out about the weight, ingredients, nutritional values, storage and preparation methods of the product.

In the event of unavailability of a Product after the order has been placed, the Customer will be informed and reimbursed for the sums paid in accordance with the conditions set out in article L.216-2 of the French Consumer Code.

 

Personalization

Chicorée Leroux offers Customers a personalization service for boxes of Products ordered. This service is invoiced to the Customer on the basis of the rates indicated on the Site.

 

II.3. Quality

Chicorée Leroux guarantees the Customer that the Products have been manufactured and packaged in accordance with strict quality rules and preserved in compliance with the standards in force in France, provided that the Products have not been opened and that their packaging, in particular the lid or any other protective device, has remained intact.

However, Chicorée Leroux cannot guarantee the quality of its Products if the Customer has not stored them under the conditions indicated on the packaging, if the packaging has been opened or tampered with, or if the Products have been consumed beyond the date of minimum durability (DDM) indicated on the packaging.

Food Products must be stored in accordance with the instructions on their packaging. Chicorée Leroux cannot be held responsible for any alteration resulting from improper storage, handling or use, including after opening the packaging.

 

II.4. Price

The prices displayed on the Site are in euros and include all taxes, applicable in Metropolitan France, Corsica and countries within the European Union. Prices for products and delivery are therefore firm at the time of ordering, but may change at a later date.

VAT is applied at the rate in force on the day the Order is placed. The prices of products displayed on the Site do not include shipping costs, and do not include the price of other optional services such as, for example, the personalization of certain Products, which are expressly subscribed to by the Customer and remain at his/her expense.

The Customer will be informed of the latter on the summary screen before final validation of the order and before any payment.

 

II.5. Control

By clicking on the “I have read and accept” button, you accept these terms and conditions.

Customers wishing to purchase one or more of the Products offered for sale on the Site place an online order for the Product(s) they have selected (hereinafter referred to as the “Order”), and for which they have received all pre-contractual information. Validation of the Order placed by the Customer on the Site is subject to compliance with the process described below:

 

5.1 – Product selection

On the Site, the Customer, after having read all the pre-contractual, technical and commercial information, selects the identification and quantity of the Products to be ordered; these Products are added to the Customer’s virtual shopping basket (hereinafter the “Basket”).

The Customer may freely modify the Shopping Cart, delete a Product initially selected, modify the quantities ordered or add a Product within the maximum quantities per product set by Chicorée Leroux and the maximum order weight set by Chicorée Leroux.

 

5.2 – Product confirmation and order validation

Once the Customer has completed his/her selection, he/she validates the composition of his/her Basket. The Customer also selects the delivery method of their choice and the cost of delivery, which is calculated by Chicorée Leroux before the order is placed and before any payment is made. The Customer checks the summary of the Order proposed by Chicorée Leroux.

 

5.3 – Acknowledgement of order Chicorée Leroux undertakes to acknowledge receipt of the Order by sending an e-mail to the e-mail address provided by the Customer at the time of the Order or registration on the Site.

 

For orders placed via the www.leroux.com website, the order is accepted by Chicorée Leroux once the Customer has received the e-mail confirming the order. The Customer checks the completeness and accuracy of the information provided when placing the Order, in particular the delivery address. Chicorée Leroux cannot be held responsible for any typing errors and the consequences thereof.

Any costs incurred for the return of the Order shall be borne by the Customer. For orders placed by sending a cheque to Chicorée Leroux’s postal address, the order is accepted by Chicorée Leroux once Chicorée Leroux has received the cheque and has processed the order by computer. The Customer and Chicorée Leroux check the completeness and accuracy of the information provided when placing the Order, in particular the delivery address by telephone, e-mail or post.

The Customer is fully aware that Chicorée Leroux may proceed to the verification and analysis of previous Sales Orders. In the event of a previous dispute with the Customer, Chicorée Leroux reserves the right to refuse the Order. Chicorée Leroux shall not be held liable in the event of any misappropriation or fraudulent use of any means of payment not detected by this verification procedure. The confirmation of the Order sent to the Customer by Chicorée Leroux will be archived by Chicorée Leroux and considered as proof of the sale and notably of its date, price, Products and quantities. The Order is automatically archived by Chicorée Leroux and the Customer may access it upon written request. In the absence of proof to the contrary, the data recorded by Chicorée Leroux constitutes proof of all transactions between the Customer and Chicorée Leroux.

Contracts concluded on the Site are archived for a period of time in accordance with article L.213-1 of the French Consumer Code, and constitute proof of transactions.

 

II.6. Purchase voucher

The use of a promotional code is also subject to prior acceptance of the accessible General Terms and Conditions of Sale. To use your promotional code, simply enter the code for your promotional code in the “Promotional code” section on the order confirmation page when making a new purchase. Click on the “Apply promo code” button for the voucher to be applied. The discount will be automatically deducted from the total price of your order. Unless otherwise stipulated in a promotional code, promotional codes are not refundable, cannot be combined or split, and can only be used in conjunction with a credit card payment method.

Promotional codes may under no circumstances be converted into a sum refundable or payable to the Customer. Promotional codes that can be used on the Site can be obtained via the various commercial operations set up by Chicorée Leroux.

 

How to use :

Promotional codes are valid until the expiry date announced by Chicorée Leroux.

The promotional code cannot be broken and can only be used for a single online purchase.

Promotional codes are valid on the Site on the products indicated at the time of the commercial operation.

Promotional codes can be used on PCs, mobiles and tablets.

 

II.7. Payment

Cash and online payment by credit card (Carte Bleu, Mastercard, Visa) or Apple Pay or Google Pay are accepted by Chicorée Leroux. Payment by cheque is also accepted insofar as the Customer has made a request via the customer service department by e-mail or telephone. In this case, payment is considered final as soon as Chicorée Leroux has cashed the cheque.

The Customer expressly declares that he/she has all the necessary authorizations to use the bank card used to pay for the Order.

To use Apple Pay, the Customer must have an account with Apple and Apple’s terms and conditions of use will apply in addition to the GTC. To use Google Pay, the Customer must have an account with Google, and Google’s terms and conditions of use will apply in addition to these GTC.

 

II.8. Shipping and deliveries

Orders are processed by the Chicorée Leroux marketing department as soon as possible after confirmation of the Order by the Customer. Delivery times depend on the shipping method chosen by the Customer and will be a maximum of thirty (30) calendar days, except where the product is temporarily unavailable.

In accordance with article L.216-4 of the French Consumer Code, any risk of loss or damage to the Products is transferred to the Customer at the time the latter takes physical possession of the Products. Chicorée Leroux cannot be held responsible for the non-performance of its obligations in the event of force majeure as defined in article 1218 of the French Civil Code.

 

Chicorée Leroux offers different delivery methods for Orders, as chosen by the Customer:

 

Chronopost home delivery; mainland France: €5.99

By Chronopost delivery to a relay point; mainland France: €3.99 or free on orders over €20

Belgium, Luxembourg, Netherlands, Germany 0 to 5kg: €8.50 // 5.1 to 10kg = €11

Spain, Italy, Portugal 0 to 5kg: €10 // 5.1 to 10kg = €13.5

 

By collection directly from the Chicorée Leroux factory.

Opening hours: Monday to Friday, 9am to 12pm and 2pm to 5pm.

For home delivery by Chronopost :

The order is delivered to the recipient’s home. If the addressee is not present, the parcel is left in the addressee’s letterbox, size permitting. Otherwise, delivery is rescheduled for the following day.

If there is no letterbox or if the letterbox is inaccessible at the delivery address indicated, the order will be deposited at a collection point and deemed to have been delivered. If you are not the addressee, it is your responsibility to inform the addressee that a parcel is available at the collection point indicated on your parcel tracking. If the recipient does not appear within the time limit indicated, the parcel will be returned to Chicorée Leroux. If a new delivery is required, the Customer must pay the delivery charges.

In the event that the home address corresponds to a public establishment (hospital, etc.) or a private establishment (company, clinic, retirement home, etc.) and the parcel cannot be delivered personally to the recipient, the delivery will be considered as having been made when the parcel has been handed over to the reception desk or to the department of the establishment dedicated to receiving goods.

If the package delivery tracking indicates that it has been delivered but that the Customer has not received it, the Customer must :

• Check the delivery address given in the order confirmation e-mail.
• Look for a notice in your letterbox or by your door.
• Check with your neighbors, your janitor…
• Contact Chronopost by phone: 09 69 391 391 (toll-free)
• If, despite all this, the customer has still not found the parcel, please contact our customer service department at https://www.leroux.com/contact, quoting the order reference. The customer has up to 14 days after the delivery date to contact us.

 

For deliveries to Chronopost delivery points:

The order is delivered to the delivery point chosen by the Customer. If the recipient does not show up within the specified time, the parcel will be returned to Chicorée Leroux. If a new delivery is required, the Customer must pay the delivery charges.

If the parcel’s delivery tracking indicates that it has been delivered but is not available at the relay point:

• Check the delivery address given in the order confirmation e-mail.
• Contact Chronopost by phone: 09 69 391 391 (toll-free)
• If, despite all this, the customer has still not found the parcel, please contact our customer service department at https://www.leroux.com/contact, quoting the order reference. The customer has up to 14 days after the delivery date to contact us.

At all times, the Customer is informed of the status of his order by means of the tracking number and carrier link communicated to him at the time of dispatch. Upon receipt of the parcel, the Customer must physically examine the order and its contents. Any anomaly noted must be the subject of a written complaint to Chicorée Leroux either by e-mail to the following address serviceconso@leroux.fr or by post to the following postal address: 84 rue François Herbo, 59310 Orchies, France.

 

Parcel not collected from a relay point

If the Customer does not collect the parcel within the time limit set by the relay point and automatically returns it to the Vendor, the order will be considered undelivered.

CHICORÉE LEROUX will refund the amount of the order, including initial delivery costs, within fourteen (14) days of receipt of the returned package.

The return costs invoiced to CHICORÉE LEROUX may be deducted from the refund, these costs remaining the responsibility of the Customer. These costs correspond to the cost of returning the parcel invoiced to CHICORÉE LEROUX by the carrier following the Customer’s failure to collect the parcel.

 

For pick-up deliveries at the Chicorée Leroux factory: The order is prepared at Chicorée Leroux. As soon as the order is ready, the Customer is informed by e-mail that he can collect his order from the Chicorée Leroux factory at the following address: 84 rue François Herbo, 59310 ORCHIES. Pick-up times are Monday to Friday between 09:00 and
12:00 and between 14:00 and 17:00. These are specified in the confirmation e-mail the customer receives once the order has been completed.

The risks of loss or damage to the Products are transferred to the Customer at the time when the Customer, or a third party designated by the Customer, takes physical possession of the Products.

 

II.9. Loyalty program

The purpose of these rules is to define the conditions of participation in the loyalty program offered by Chicorée Leroux on its website.

The Program is free of charge and open to any natural person of legal age acting in a personal capacity (consumer).

• Membership: Program membership is automatic from the moment a customer account is created on the site.
• Single account: Only one loyalty account will be allocated per person (same name, same e-mail address).

 

Points acquisition

The Program allows you to accumulate points for each purchase made on the site, according to the following scale:

• Scale: 1€ spent = 1 point acquired, called a “vignette”.
• Calculation: Points are calculated on the total amount (including VAT) of products actually paid, excluding shipping costs and after deduction of any commercial discounts.
• Points credit : Points are credited to the customer’s account as soon as payment for the order has been confirmed.

The points accumulated can be converted into discount vouchers or benefits according to the terms defined on the page: (link to loyalty page)

Unless otherwise stated, loyalty program benefits cannot be combined with other current promotional codes. The use of a loyalty discount may be subject to a minimum basket.

Earned points are valid for 18 months from the date of the last order. After this period, points are permanently lost.

In the event of the exercise of the right of withdrawal or cancellation of an order, the points acquired for the said order will be automatically deducted from the loyalty account. If the customer has used points to pay for the returned order, these will not be credited back.

Chicorée Leroux reserves the right to modify, suspend or terminate the Program at any time, subject to informing customers by any appropriate means (e-mail or posting on the site) with 30 days’ notice. In the event of permanent closure, unused points will be deleted without any compensation being claimed.

As part of the Program, the Publisher processes personal data for customer relationship management purposes. In accordance with the RGPD, the customer has a right of access, rectification and opposition, which can be exercised by contacting: serviceconse@leroux.f

 

II.10. Sponsorship

The purpose of these rules is to define the conditions of participation in the sponsorship program offered by Chicorée Leroux on its website.

Sponsor: Any customer who has already placed at least one validated order on the site and has an active account.

Friend: Any individual who has never created an account on the site and has never placed an order.

Reward: Advantage granted to the Sponsor and/or the Recommendee following a first valid order by the Recommendee.

Sponsorship is strictly reserved for personal, non-commercial use. The Sponsor and the Recommendee must be distinct physical persons. Self-sponsorship (creating an account with a different e-mail address for oneself) is strictly forbidden. The Sponsor may not sponsor a member of his/her own tax household.

Referrals are made by sending a unique referral code available in the customer account area. Terms and conditions are defined on the following page: (link to sponsorship code)

• Advantage Filleul : The Filleul benefits from free delivery on his first order.
• Sponsor Advantage: The Sponsor receives a reward of double points on his next order once the Godchild’s order has been definitively validated (withdrawal period expired).

Unless otherwise stated, “Refer a friend” discounts cannot be combined with other ongoing promotions or discount codes.

Chicorée Leroux reserves the right to cancel any award or suspend an account in the event of :

• Misuse of the program (massive publication of code on coupon/promotion sites).
• Attempts to create fictitious or self-sponsored accounts.
• Any activity deemed fraudulent by Chicorée Leroux. In the event of cancellation of the Sponsoree’s order (retraction), the Sponsoree’s benefit will be automatically cancelled or deducted from his/her account.

The Sponsor undertakes to obtain the prior consent of his/her family and friends before providing Chicorée Leroux with their contact details. Chicorée Leroux undertakes to use the data of the Recommendee only to send the sponsorship invitation, unless the Recommendee explicitly agrees to subscribe to the newsletter when registering.

 

II.11. Right of withdrawal

Legal 14-day period except for personalized products and perishable food products (likely to deteriorate or expire quickly).

 

II.12. Warranties

The Customer benefits from :

• the legal guarantee of conformity (goods unfit for the use normally expected of similar goods, which do not correspond to the description given by Chicorée Leroux or which do not possess the qualities announced by Chicorée Leroux or agreed with the Customer), the legal provisions of which are reproduced in the Appendix.
• the legal guarantee against hidden defects (hidden defects in the item sold which render it unsuitable for its intended use, or which diminish this use to such an extent that the customer would not have acquired it, or would only have given a lower price for it, if he had known about them), the legal provisions of which are reproduced in the Appendix to the GCS;

11.1 – Legal warranty of conformity When acting under the legal warranty of conformity and as detailed in the Appendix, the Customer : The consumer has a period of two years from the date of delivery of the goods to obtain the implementation of the legal warranty of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance. Where the contract for the sale of goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty applies to this digital content or digital service throughout the period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service, and not the date of its appearance.

The legal warranty of conformity obliges the professional, where applicable, to provide all updates necessary to maintain the conformity of the good.

The legal guarantee of conformity entitles the consumer to repair or replacement of the good within thirty days of his or her request, free of charge and without any major inconvenience to the consumer. If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty. If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good. The consumer may obtain a reduction in the purchase price by keeping the good, or terminate the contract by obtaining a full refund in exchange for the return of the good, if :

1° The professional refuses to repair or replace the good;

2° The goods are repaired or replaced within thirty days ;

3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer 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 goods persists despite the seller’s unsuccessful attempt to bring them into conformity. The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. In such cases, the consumer is not obliged to request repair or replacement of the goods beforehand. The consumer is not entitled to rescind the contract if the lack of conformity is minor.

Any period of immobilization of the product for repair or replacement suspends the remaining warranty period until delivery of the repaired product.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects, in application of articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the good is kept, or to a full refund in exchange for the return of the good.

11.2- Warranty against hidden defects

In the event of hidden defects in the item sold, the Customer may return the Product and have the price refunded, or keep it and have part of the price refunded.

hese provisions are not exclusive of the right of withdrawal defined in article 9 below.

 

Exercising the right of withdrawal

In accordance with the legal provisions in force (articles L.221-18 et seq. of the French Consumer Code), the Customer has a withdrawal period of thirty (30) days from the date of receipt of the Order, without having to give any reason or pay any penalty, with the exception of the cost of returning the Order, which remains at the Customer’s expense. To exercise his/her right of withdrawal, the Customer must send an unequivocal e-mail to the following address: serviceconso@leroux.fr , or contact our customer service department at the following address: https: //www.leroux.com/contact/.

The Customer must use the model retraction form in accordance with the appendix to article R221-1 of the French Consumer Code, accessible via this link https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000032887061

The Customer may contact Chicorée Leroux customer service by e-mail and/or by telephone on 03 20 64 48 00 (Chicorée Leroux switchboard), before the expiry of the thirty (30) day period from the date of receipt of the Order by the Customer or a third party designated by the Customer. In the case of an order for several Products delivered separately or in the case of an order for a Product made up of multiple batches or parts whose delivery is staggered over a defined period, the time limit runs from receipt of the last good, batch or part.

The Customer undertakes to return or restitute the Product to Chicorée Leroux without undue delay and, at the latest, within thirty (30) days of communicating his/her decision to withdraw.

The Customer shall bear the direct costs of returning the Product. The Customer may be held liable in the event of depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.

If the right of withdrawal is exercised, Chicorée Leroux will reimburse the Customer for all sums paid, including delivery costs, within the legal period of thirty (30) days, in accordance with the provisions of article L. 221-24 of the French Consumer Code.

In the event of exercising the right of withdrawal for part of an order of Products, Chicorée Leroux will reimburse the Customer for the cost of shipping in proportion to the total amount of the order.

Chicorée Leroux will make this refund directly by crediting the amount of the sale to the Customer’s bank card or by cheque, depending on the Customer’s original means of payment. Chicorée Leroux may defer reimbursement until it has received the products returned by the Customer or until it has received proof of dispatch of the products by the Customer, whichever comes first.

Chicorée Leroux expressly informs the customer that, in accordance with the provisions of article L. 221- 28 of the French Consumer Code, none of the following conditions may be met

retraction is not possible for products that have been personalized (products referred to in article 11 of the GCS).

 

II.13. Liability

Chicorée Leroux cannot be held responsible for the non-performance of its obligations in the event of force majeure as defined in article 1218 of the French Civil Code.

 

 

II.14. Disputes

In the event of a dispute relating to the GCS or the Order, the Customer should contact Chicorée Leroux’s customer service department, with whom he/she will attempt to find an amicable solution. If no amicable solution can be found, the dispute may be submitted to consumer mediation. However, the parties remain free to accept or refuse recourse to consumer mediation.
It is suggested that recourse be made to the mediator set up by FEVAD, as described at the following address: http: //www.fevad.com/mediation. The solution proposed by the mediator is not binding on the parties. However, before resorting to the mediator, the Customer must first file a complaint with the customer service department at this address: https: //www.leroux.com/contact/. It is also possible to have recourse to the European platform for online dispute resolution via the following platform: https: //ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR2

Recourse to the mediator is free of charge for the consumer and presupposes a prior written complaint to the customer service department.

 

II.15. Applicable law

The GCS are governed by French law.

All content, offers and services are governed by French law. Any interpretation, dispute or claim concerning this Site shall be subject to the jurisdiction of the French courts.

If any provision of this legal notice is held to be invalid or declared to be invalid pursuant to any law, regulation or final decision of a competent court, the other provisions shall nevertheless remain in force.