Terms and Conditions
The seller is engaged with online commercial activities, and offers a service of selling products online via the website www.lekki.fr. These general conditions (here in after are referred to as "Terms and Conditions") are exclusively for individual buyers and consumers (non professional).
ARTICLE 1 - DEFINITIONS
Terms used in the Terms and Conditions have the following meanings: Buyer: individual acquiring products via the internet site Seller: Company Ltd. LËKKI, 4 rue turgot, 21000 DIJON, France, email@example.com; n°siret: 519 917 504 00028.
ARTICLE 2 - OBJECT
The Terms and Conditions are intended to define the rights and obligations of the seller and the buyer in connection with the sale of products through the website.
ARTICLE 3 - SCOPE
The Agreement applies to all sales of products by the seller to the buyer, via the internet site. LËKKI reserves the right to adapt or modify at any time the present general conditions of sale. If changed, the Terms and Conditions applicable to each order are the ones in place on the day of the order. An order will be taken into account by the Seller only after acceptance of the Terms and Conditions by the Buyer.
ARTICLE 4 - ORDER
The buyer orders through the site. All contractual information is presented in French and English and will be subject to confirmation at the latest on the time of delivery. Article 4.1: Orders Validation The buyer declares he took note of Terms and Conditions prior to the order and acknowledges that validation of its command implies acceptance of the Terms and Conditions. The Purchaser further recognizes that Terms and Conditions are placed at his disposal in a manner that allows their conservation and reproduction, in accordance with the Article 1369-4 of the Civil Code. To pass the Order, the buyer shall provide the seller data and information, and complete an online form accessible from the site. Until the final step, the buyer will have the opportunity to return to previous pages, correct and amend its order and the information provided in advance. An e-mail confirmation, acknowledging receipt of the order and covering all of this information will then be sent to the buyer as soon as possible. The buyer must therefore provide a valid e-mail address when filling out the fields relating to his identity. 4.2 Validity of the offer - Unavailability of products Offers submitted by the seller on the site are valid as long as they are visible on the site, within the limits of available stocks. Pictures and descriptions of the products are only indications, and will undergo minor modifications without the seller’s liability being incurred, or without the validity of the sale being disputed. Upon receipt of your order, we check the availability of the product (s) ordered. In the event of a product ordered by the buyer being unavailable, the seller agrees to inform the buyer by email when knowledge of such unavailability. In the event of unavailability, we commit to exchange or refund the order within 30 days. If running out on one of the products of your order we ship the rest of your order.
ARTICLE 5-PRICE - PAYMENT Prices of the products listed on the site’s pages is tax included and except the logistic costs of preparing and shipping. The Seller reserves the right to change prices of products featuring on the Website. However, products will be billed to the buyer on the basis of the rates in effect at the time of order validation. Article 5.1 Forms of payment: Payment of the order will be: - By credit card: Payment by credit card is therefore totally secure through PAYPAL secured system. For more information please consult www.paypal.com. Payment by credit card cannot be cancelled. Therefore, payment of the order by the buyer shall be irrevocable, without prejudice to the buyer to exercise its right of withdrawal or cancellation after the order. Article 5.2 Transfer of ownership: TRANSFER OF OWNERSHIP TO THE BUYER ONLY TAKES PLACE AT COMPLETE CASHING OF THE PRODUCT PRICE BY THE SELLER. BUT STARTING FROM THE RECEPTION OF THE ORDER BY THE CUSTOMER, THE RISKS ASSOCIATED TO THE DELIVERED GOODS ARE TRANSFERRED TO THE BUYER. Article 5.3 Payment Default: LËKKI reserves the right to refuse to make a delivery or to honor an order from a consumer who has not paid wholly or partially a previous command, or has a litigious payment in process.
ARTICLE 6 - DELIVERY
LËKKI is bound by contract with the Posta Polska. All packages are shipped via their services. Shipping costs are calculated according to the weight and destination, it is automatically added when validating your shopping cart, and included in the total price to pay for your order.
The product will be delivered to the address provided by the buyer in the order form. Lëkki is not responsible for incorrect address provided by the customer. All the announced delays for delivery are calculated in working days. Seller agrees to complete the Order within thirty days from the day following the Order validation.
The products always travel at the risks of buyer. In the event of delay or damage, customer must open a complain against the shipping company or make the necessary reserves to allow such remedies. Lëkki is not responsible of any damage resulting from the transport. We highly recommand to check your parcel front of the deliver man in order to directly claim in case of problem.
ARTICLE 7 - VOID - RETURN - REIMBURSEMENT Following receipt of the products, the buyer has a period of 7 days enabling him, without having to give any reasons, to return the delivered product at his charge. If the buyer uses this withdrawal right within 7 days after receipt of the products, the seller agrees to refund the buyer without delay and no later than thirty days from the date on which this right has been exercised. CAUTION: To exercise this right, the buyer must first contact our customer service at firstname.lastname@example.org. A confirmation acknowledging receipt of this request will be sent back via e-mail. Upon receipt of our agreement, you have 7 days to return the product and inform us of the parcel tracking number. After this period, your return will be rejected.We suggest you make the return by post with tracking number. Otherwise, if the package is sent by you, and gets lost on the way back to our services, you would not be able to complain against the postal services and urge them to locate it. Please note that all packages not shipped by us are not under our responsibility. Only the sender of the package can complain against the postal services.
CAUTION: No withdrawal will be accepted if the returned product is unfit for its resale. The product must be returned in perfect condition, in its original packaging, undamaged, unmarked. The product must be accompanied by all its accessories. Otherwise, the product will be returned to you at your expense. The return postage will be borne by the buyer. If your return is made under the wrong reason, your product may be refused and returned at your expense. The reason for return may be requalified. Therefore, you will be notified by e-mail and processing of your return will be based on the new reason.
ARTICLE 8 - GUARANTEE
Without prejudice to his/her withdraw right mentioned above, the buyer benefits the hidden defects guarantee on the product as specified in section 1641 of the Civil Code. In addition, as refurbished products, LËKKI offer effective warranty of 3 months from date of purchase. Products having break or oxidation due to the customer will not be covered by the guarantee. As consumable, the battery is not subjected to guarantee. Both the product and invoice or receipt stating the date of purchase must be returned together. To exercise this right, the buyer must first contact our customer service email@example.com. A confirmation acknowledging receipt of this request will be sent back via e-mail. Upon receipt of our agreement, you have 15 days to return the product with tracking number. After this period, your return will be rejected.
ARTICLE 9 - RESPONSIBILITY
The seller’s responsibility is limited to direct and predictable damages which may result from the use by the buyer of the site and the delivered products. Responsibility of the seller shall not be involved if the non-fulfilment or bad fulfilment of its obligations is attributable to the buyer, or to an unforeseeable and irresistible act from any third party not linked to the supply of provision planed in terms of conditions, or an unpredictable, compelling and outside case of Force Majeure. Seller shall not incur liability for damages resulting from a fault of the buyer in connection with the use of the products.
ARTICLE 10 - INTELLECTUAL PROPERTY
All the published elements within the Site, such as sounds, images, photographs, videos, writing, animation, programming, graphic design, utilities, databases, software is protected by the clauses of the Intellectual Property Code and belong to the Seller. The Buyer shall prohibit from infringing the intellectual property rights relating to these features, and in particular to reproduce, represent, modify, adapt, translate, to extract and / or reuse a qualitatively part or quantitatively substantial part, to the exclusion of necessary acts to their normal and true use. Lëkki is not an authorized reseller of Motorola, Nokia, Siemens, Nintendo and Ericsson products. Products available on lekki.fr are aftermarket customised and refurbished products. All hardware related warranty service is the sole responsibility of Lëkki. The original manufacturer is under no obligation to repair or refund these products. Motorola StarTAC is registered trademark of Motorola. Game Boy Pocket is a registered trademark of Nintendo.
ARTICLE 11 - PERSONAL DATA
The buyer is informed that during his navigation and in the context of the order, personal data about him are collected and processed by the seller. This treatment is the subject to declaration at the Commission Nationale Informatique et Libertés pursuant to Act No. 78-17 of January 6th 1978. The buyer is informed that his data: -Are collected fairly and lawfully, - Are collected for specified, explicit and legitimate purposes - Will not be further processed in a incompatible way with those purposes - Are appropriate, relevant and not excessive in relation to the purposes for which they are collected and their subsequent treatment - are accurate and complete- Are preserved in a way permitting identification of concerned persons for a period that does not exceed the necessary time to the purpose for which they are collected and processed. The seller is also obliged to take every precaution to safeguard the security of data, and in particular that they are distorted, damaged or that unauthorized parties have access to it. These data are used for the treatment of the order as well as to improve and customize the services offered by the seller. They are not intended to be disclosed to third parties. The buyer shall have the right to refuse that his personal data are subject to treatment, and that this data is used for prospecting purposes, including commercial purposes. The buyer can question the seller in order to obtain confirmation that his personal data are or are not the subject of this treatment, information relating to treatment purposes, to the categories of personal data processed and to the receivers or categories of receivers to whom the data are disclosed, the communication of personal data regarding him as well as any available information as regards the origin of the latter. The buyer may also require the seller to correct, complete, update, lock or delete personal data which would be inaccurate, incomplete, ambiguous, outdated, or whose collection, use, disclosure or Conservation is prohibited. In order to exercise that right, buyer will send an email to the seller in its quality of responsible person for such issues, at the following address: firstname.lastname@example.org.
ARTICLE 12-CONVENTION ON EVIDENCE
It is expressly agreed that the parties can communicate with each other electronically for the needs of Terms and Conditions, with the provision that technical security measures intended to ensure the confidentiality of data exchanged are put in place. Both parties agree that the exchanged e-mails between them prove legitimately the terms of their exchanges and, when appropriate, of their commitments, particularly regarding the transmission and acceptance of orders.
ARTICLE 16 - PARTIAL INVALIDITY
If a part of the Terms and Conditions appeared to be illegal or invalid, such invalidity would not lead to the nullity of the other clauses of these Terms and Conditions, unless those clauses present are by nature non dissociable with the invalidated stipulation.
ARTICLE 17 – APPLICABLE LAW
The Terms of Conditions are ruled by the French law.
ARTICLE 18 - ASSIGNATION OF JURISDICTION
The parties agree that in case of a dispute that may arise concerning the implementation or interpretation of the terms of conditions, they should try to find a compromise. In case of failure of this attempt of amicable resolution of the dispute, the latter shall be referred to the jurisdiction court.