Terms and conditions of sale

• Article 1: General principles
• Article 2: Products
• Article 3: Customer account
• Article 4: Prices
• Article 5: Payment
• Article 6: Retention of title
• Article 7: Ordering
• Article 8: Delivery
• Article 9: Acceptance
• Article 10: Returns and exchanges
• Article 11: Warranties
• Article 12: Right of withdrawal
• Article 13: Responsibilities
• Article 14: Intellectual property
• Article 15: Protection of personal data
• Article 16: Force majeure
• Article 17: Applicable law and jurisdiction
• Article 18: Duration of the General Terms and Conditions of Sale
• Article 19: Recourse to the consumer ombudsman and the European RLL platform

 

The present General Terms and Conditions of Sale govern the
relationships between :

GROUPE LEPAPE, a société par actions simplifiée (simplified joint-stock company) with share capital of €5,840,000, registered in the Paris Trade and Companies Register under number 751 554 445, headquartered at 39-41 rue d’Artois, 75008 PARIS, Tel. Phone : 01 53 75 00 00, Mail : info@lepape.com

On the one hand

And

Any consumer making a purchase on the lepape.com website (hereinafter referred to as the “Purchaser”)

On the other hand

Hereinafter referred to collectively or individually as the “Party(ies)”.

IT HAS BEEN PREVIOUSLY EXPLAINED THAT :

(i) GROUPE LEPAPE is the operator of the lepape.com website (hereinafter the “Site”).

(ii) The Site is an online merchant site which offers for sale sports equipment and articles intended for private individuals (hereinafter the “Product(s)”).

 

Article 1: General principles

These General Terms and Conditions of Sale define the rights and obligations of the Parties in the context of
the online sale of Products via the Site.

They are written in French in their original version, which alone is authentic and prevails over any other version.

They are accessible on the Site at any time, and are transmitted to the Buyer on a durable medium before and/or after any order.

When placing an order on the Site, ticking the box ” I accept and acknowledge having read the general terms and conditions of sale” indicates the Buyer’s consent to the application of these terms and conditions.

The present form a contract between the company GROUPE LEPAPE and the Purchaser.

The Buyer declares and warrants that he/she has the legal capacity to contract.
The failure to exercise, at any time, a prerogative recognized herein, shall in no way be interpreted as a modification of the contract, nor as an express or tacit waiver of the right to exercise said prerogative in the future.

In the event that any provision of this agreement is held by a court of law to be invalid or unwritten, the remaining provisions shall remain in full force and effect.

GROUPE LEPAPE reserves the right to adapt or modify these terms and conditions at any time.
The General Terms and Conditions of Sale applicable are those in force on the date of the order placed by the Buyer.

 

Article 2: Products

2.1 – Product characteristics

The essential characteristics of the Products are described for each of them in the online catalog accessible on the Site. They have been presented to the Buyer prior to the order, as part of the pre-contractual information provided.

2.2 – Product availability

Product offers presented on the Site are only valid while stocks last.

Stock availability is indicated on the detailed product sheets posted on the Site. It is updated as often as possible.

The various stock levels displayed are detailed below:

– In stock:

Shipped today before 4pm

This icon means that the Product is in stock in the warehouse of the company GROUPE LEPAPE, and that it can be dispatched the same day if the order is validated before 15h30. For orders placed over the weekend,
the Product in stock will be dispatched on the following working Monday.

– Contact us – Further information on 01 53 75 00 00

This icon means that a restocking of the Product is in progress near the suppliers of the company GROUPE LEPAPE.

– Product sold out – This product is no longer available or not available for sale.

This icon means that a product is still listed, but is no longer available for sale.

 

Article 3: Customer account

In order to place an order on the Site, the Buyer must first create a customer account.

Once a customer account has been created, a confirmation e-mail is sent to the address previously provided.

The Purchaser commits himself supplying to the company GROUPE LEPAPE of the complete and exact data, and to update these data. He agrees not to create an account under a false identity.

The connection identifier is the Buyer’s e-mail address. Access to the customer account is protected by a personal and confidential password. The Buyer undertakes to keep it secret and not to communicate it to third parties. The Buyer is responsible for the password associated with his customer account. If it notices that its customer account is the subject of a fraudulent use, the Purchaser commits himself immediately announcing it to the company GROUPE LEPAPE.

 

Article 4: Prices

4.1 – Product prices

Orders placed on the Site are subject to payment.

Product prices are indicated in euros, inclusive of all taxes. They take into account the VAT in force on the day of the order. In all the cases, the prices include the eco-contribution whose amount is specified on the Site or on the brochure of the company GROUPE LEPAPE.

Unless otherwise specified, the advertised prices do not include delivery charges, in accordance with article 4.2 hereof.

Invoices are issued at the prices in force on the day the sale is concluded.

Promotional prices are only valid for the duration of the offer in question.

4.2 – Shipping costs

Unless otherwise specified, shipping costs are the sole responsibility of the Buyer. They include order processing and packaging.
The carriage costs are indicated in the basket, at the time of the order of a product, in the catalogs as well as on the paper order forms of the company GROUPE LEPAPE.
Shop2Shop 48-hour Chrono Relay or 48-hour Colissimo Suivi delivery is offered on orders of 90 euros or more, all taxes included.

List of carriers and details of each service :

Destination	Delivery mode	Average delay observed	Price (incl. VAT)
France excluding Corsica & Monaco	All non-wholesale orders equipment
	Chrono Relais	Delivered to the nearest delivery point in approximately 48 working hours* from Monday to Saturday. Shipped Monday if ordered Friday after 3:30 pm.	Free from €90 purchase, €4.99 otherwise
	Colissimo	Delivered to your door in about 48 working hours* from Monday to Saturday. Shipped Monday if ordered Friday after 3:30 pm.	Free from €90 purchase, €5.99 otherwise
	Chrono Express	Delivered to your door within 24 working hours, Monday to Saturday. Shipped Monday if ordered Friday after 3:30 pm.	4.99 from €90 purchase, €9.99 otherwise
	Home-trainer
	UPS	Door-to-door delivery within 2 to 5 working days.	Free from €90 purchase, €9.99 otherwise
	Large equipment Fitness
	Messaging	Door-to-door delivery within 2 to 5 working days.	Free from €90 purchase, €29.99 otherwise
	Bikes
	Transportation with services	We deliver the bike 100% assembled, marked and repacked on the doorstep.	Free from €90 purchase, €49.99 otherwise
Corsica	All non-wholesale orders equipment
	Colissimo	Delivered to your door in approximately 72 working hours* from Monday to Saturday. Shipped Monday if ordered Friday after 3:30 pm.	Free from €90 purchase, €5.99 otherwise
	Chrono Express	Delivered to your door within 24 working hours, Monday to Saturday. Shipped Monday if ordered Friday after 3:30 pm.	29,99 €
	Home trainers and wholesale fitness equipment
	Messaging	Door-to-door delivery within 5 to 7 working days.	39,99 €
	Bikes
	Transportation with services	We deliver the bike 100% assembled, marked and repacked on the doorstep.	74.99 from €90 purchase, €24.99 otherwise
Belgium, Luxembourg, Netherlands, Germany, Italy, Spain, Portugal & Ireland	All non-wholesale orders equipment
	Chrono Relais	Delivered to the nearest relay within approximately 72 working hours* from Monday to Saturday. Shipped Monday if ordered Friday after 3:30 pm.	Free from €90 purchase, €4.99 otherwise
	Chrono Classic	Delivered to your door in approximately 72 working hours* from Monday to Saturday. Shipped Monday if ordered Friday after 3:30 pm.	Free from €90 purchase, €5.99 otherwise
	Chrono Express	Delivered to your door within 24/48 working hours, Monday to Saturday. Shipped Monday if ordered Friday after 3:30 pm.	4.99 from €90 purchase, €9.99 otherwise
	Home trainer
	Messaging	Door-to-door delivery within 3 to 6 working days.	Free from €90 purchase, €9.99 otherwise
	Large equipment Fitness
	Messaging	Door-to-door delivery within 3 to 6 working days.	Free from €90 purchase, €29.99 otherwise
	Bikes
	Transportation with services	We deliver the bike 100% assembled, marked and repacked on the doorstep.	Free from €90 purchase, €59.99 otherwise
United Kingdom & Switzerland	All orders excluding large items
	Chrono Relais (Switzerland)	Delivered to the nearest relay within approximately 72 working hours* from Monday to Saturday. Shipped Monday if ordered Friday after 3:30 pm.	4.99 ex VAT from €90 purchase, €9.99 ex VAT otherwise
	Colissimo (Switzerland & UK)	Delivered to your door in approximately 72 working hours* from Monday to Saturday. Shipped Monday if ordered Friday after 3:30 pm.	4.99 ex VAT from €90 purchase, €9.99 ex VAT otherwise
	Home trainers, cardio training and bodybuilding equipment
	Messaging	Door-to-door delivery within 3 to 6 working days	49,99 €
	Bikes
	Transportation with services	We deliver the bike 100% assembled, marked and repacked on the doorstep.	49.99 from €90, €99.99 otherwise
DOM (Guadeloupe, Martinique, St Martin, Réunion, Guyane, Mayotte, St Barthélémémy, St Pierre & Miquelon)	All orders excluding large items
	Colissimo	Delivered to your door in approximately 5 to 7 working days* from Monday to Saturday. Shipped Monday if ordered Friday after 3:30 pm.	24.99 EXCLUDING VAT
TOM (New Caledonia, French Polynesia, Wallis & Futuna, French Southern and Antarctic Territories )	All orders excluding large items
	Colissimo	Delivered to your door in approximately 7 to 15 working days*. Shipped Monday if ordered Friday after 3:30 pm.	39.99 (EXCL. VAT)
	Chronopost Express	Delivered to your door in 3 to 5 working days from Monday to Saturday. Shipped Monday if ordered Friday after 3:30 pm.	49.99 (EXCL. VAT)
Other European countries (Denmark, Sweden, Norway, Finland, Iceland, Liechtenstein, Czech Republic, Poland, Hungary, Greece, Croatia, Slovakia, Slovenia, Estonia, Latvia, Lithuania, Bulgaria, Romania, Malta & Cyprus)	All orders excluding large items
	Chrono Relais	Delivered to the nearest relay within 96 working hours* from Monday to Saturday. Shipped Monday if ordered Friday after 3:30 pm.	4.99 from €90 purchase, €9.99 otherwise
	Chrono Classic	Delivered to your door within 96 working hours* from Monday to Saturday. Shipped Monday if ordered Friday after 3:30 pm.	9.99 from €90 purchase, €14.99 otherwise
	Chronopost Express	Delivered to your door in about 48 working hours* from Monday to Saturday. Shipped Monday if ordered Friday after 3:30 pm.	14.99 dice €90 purchase, €19.99 otherwise
	Home trainers, cardio training and bodybuilding equipment
	Messaging	Door-to-door delivery.	49,99 €
	Bikes
	Transportation with services	We deliver the bike 100% assembled, marked and repacked on the doorstep.	49.99 from €90, €99.99 otherwise
* : average delivery times estimated by our partner carriers La Poste, Chronopost and UPS

4-3 – The cost of using a
remote communication

Access to the Site is via the Internet. The cost of access to the Internet by means of a remote communication service shall be borne by the Buyer.

 

Article 5: Payment
Payment must be made in full at the time of ordering, unless a specific offer is indicated on the Site. At no time may the sums collected be considered as deposits or advance payments.

The company GROUPE LEPAPE reserves in particular the right to refuse to honor an order emanating from a Purchaser who would not have regulated completely a preceding order.

Constitutes a payment within the meaning of this article the effective provision of the company GROUPE LEPAPE of the price of the Products, the expenses of delivery and the possible interests of delay.

5.1 – Terms of payment

The invoices are payable in euros with the seat of the company GROUPE LEPAPE.

Payment can be made by credit card, bank transfer or PayPal, under the following conditions.

Payment validation is instantaneous in the case of payment by credit card or PayPal. For a payment by transfer, the payment is validated with reception of the payment by the accounting department of the company GROUPE LEPAPE.

Concerning the payments by bank card, the company GROUPE LEPAPE proposes via the service Alma the possibility of paying in 2 times for any order higher or equal to 90 euros including all taxes, in 3 times for any order higher or equal to 200 euros including all taxes or in 4 times for any order higher or equal to 300 euros including all taxes (except expenses of management and delivery). The instalments are monthly and can therefore be spread over a maximum period of 99 days in the case of payment in 4 instalments.
The management costs inherent in this service are free, regardless of the amount of the Buyer’s order.
The acceptance of the payment in 2, 3 or 4 times is done subject to the validation of the order of the Purchaser by the services of company GROUPE LEPAPE. The Buyer may be asked for additional information when validating his order.

Payment by credit card is available via the Alma service. The execution of the payment is conditional upon the signature of the credit contract proposed by Alma.
GROUPE LEPAPE accepts in advance the granting of credit concluded between Alma and the Buyer in accordance with article L. 312-46 of the French Consumer Code. If Alma agrees to grant credit to the Buyer, the amount will be paid by credit in accordance with Article L. 312-45 of the French Consumer Code.
Any refusal by Alma to grant credit for an order may result in the cancellation of the order, unless the Buyer agrees to pay cash. In the event of retraction, the Buyer’s costs and interest will be reimbursed in accordance with the regulations.

Concerning the payments by transfer, the Buyer can contact the sales department of the company GROUPE LEPAPE by telephone to 01 53 75 00 00 or by e-mail to the address info@lepape.com, to obtain the RIB of the company.

The Buyer may also use his PayPal account to pay for his order.

If a due invoice is not regulated, even partially, the company GROUPE LEPAPE reserves the right to claim, after preliminary injunction by LRAR (or other equivalent means) remained without effect passed a time of 8 days, and without damage of all damages, penalties of delay, calculated by application to the sums due, of an interest rate equal to 3 times the legal interest rate in force.

In the event of non-payment, all the sums due to company GROUPE LEPAPE become immediately due, without formality, notwithstanding the possibility of suspending or cancelling the orders in progress at the only initiative of company GROUPE LEPAPE.

The Buyer shall also pay a flat-rate contribution of 45 euros per unpaid invoice to cover the administrative costs incurred in processing the unpaid invoice.

5.2 – Transaction security

In order to optimize the security of credit card payments, GROUPE LEPAPE uses the Hipay e-commerce solution, and the Site uses an SSL (Secure Socket Layer) online payment system.

Payment in 2, 3 or 4 instalments and payment by credit card are available via the Alma service. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure. Alma is a telepayment manager and issues an electronic certificate as proof of the amount and date of the transaction. Any termination of these General Terms and Conditions of Sale between GROUPE LEPAPE and the Buyer shall result in the termination of the General Terms and Conditions of Use or the credit agreement between Alma and the Buyer.

 

Article 6: Reservation of rights
property

The company GROUPE LEPAPE remains owner of the sold Products until the complete payment of the price.

 

Article 7: Ordering

Any order implies acceptance of the price and description of the Product available for sale.

As soon as an order placed on the Site is validated, the Buyer receives an automatic acknowledgement/receipt e-mail.

However, only the receipt of an order confirmation from info@lepape.com constitutes acceptance of the order. Acceptance is normally given within 24 hours of receipt of the order.

The orders can reach the company GROUPE LEPAPE:
– or via the Site, whose address is www.lepape.com ;
– or by e-mail, to the following address: info@lepape.com ;
– or by telephone, on 01 53 75 00 00.

In the event of definitive unavailability of the Product ordered, notably due to suppliers or manufacturers, the Buyer will be informed as soon as possible and will have the option of cancelling or modifying his order. The Purchaser will then have the choice to ask either for the refunding of the cashed sums (intervening in the 14 days at the latest following the date of cancellation of the order), or an exchange with a Product of characteristics and equivalent price, in agreement with the company GROUPE LEPAPE. In the event of impossibility of exchange, the company GROUPE LEPAPE reserves the right to cancel the order of the Purchaser and to refund the cashed sums to him.

 

Article 8: Delivery

8.1 – Delivery terms

Delivery is made according to the Purchaser’s choice of one or other of the delivery methods indicated on the Site when the order is placed.

The parcel number will be indicated by e-mail to the Buyer, to enable him to track his delivery.

Shipping costs will be invoiced at the rate in effect on the day of the order.

The Buyer is informed of the terms of delivery before final validation of his order.

8.2 – Delivery times

The Products are dispatched as from the reception of the payment by the company GROUPE LEPAPE.

Delivery times are indicated on the Site when the order is placed. They vary according to the Product and the delivery method chosen.

However, in the absence of indication as for the delivery date of the Products, the company GROUPE LEPAPE makes a commitment in any event to deliver the Products within 30 days as from the reception of the payment, except if the Parties agree otherwise.

If several items ordered at the same time have a different delivery date, the latest delivery date will be that which is furthest away.
However, in this assumption, the company GROUPE LEPAPE reserves the possibility of delivering the order in several times.

8.3 – Late delivery

In the event of temporary unavailability of the ordered Product, the company GROUPE LEPAPE will endeavour to warn the Purchaser of any foreseeable delay of delivery, by an appropriate mention on the Site and a personalized information with the address e-mail or postal indicated at the time of the order.
In the event of a delay in delivery of at least 7 days after the announced deadline, the Buyer may cancel the sale of the Product:
– or by post to the following address: GROUPE LEPAPE, 39 rue d’Artois, 75008 PARIS;
– or by any other durable medium, in particular by e-mail, to the following address: info@lepape.com.

In this assumption, the sale will be regarded as cancelled with the reception by the company GROUPE LEPAPE of the request for cancellation, unless the company GROUPE LEPAPE did not carry out in the meantime.

In the event of cancellation of the sale, the company GROUPE LEPAPE will refund the Purchaser within 14 days as from the date of the cancellation.

Failure to meet delivery deadlines shall not give rise to the payment of any compensation whatsoever.

The Purchaser must check the exhaustiveness and the conformity of information concerning the address of delivery which it provides to company GROUPE LEPAPE.
The latter cannot be held responsible for any input errors and the consequences thereof, such as delays or errors in delivery. In this context, all costs incurred for the reshipment of the order will be entirely at the Buyer’s expense.

 

Article 9: Acceptance

The Buyer is obliged to check the condition of the packaging and the Product at the time of delivery, and must immediately inform the delivery agent of any reservations he may have on this subject, so that they can be noted on the transport document.

 

Article 10: Returns and exchanges

10.1 – Refund or exchange of Products
defective or non-conforming

In the event of a defect, non-conformity of the Product or damage linked to transport, the Products are, at the Purchaser’s option, reimbursed or exchanged for an equivalent Product.

The expenses of return are dealt with by the company GROUPE LEPAPE by means of a label Colissimo franked if the Purchaser is in Metropolitan France. For DOM/TOM and abroad, the return costs will be reimbursed to the Buyer on the basis of a simple colissimo without insurance.

In the event of a refund request, payment is made using the same means of payment as that used by the Buyer for the initial transaction.

10.2 – Exchange of Products in case of error on the
size

A Product can also be exchanged for another of the same reference in the event of a size error.

In this case, the Buyer has 30 days from delivery to return the Product received.

Return shipping costs are at the Buyer’s expense.

The company GROUPE LEPAPE will carry out the exchange under 5 days with reception of the turned over Product, provided that the Product requested in exchange is available in the size requested.

10.3 – Return and exchange conditions

Any request for return of a Product must be communicated by the Purchaser to the company GROUPE LEPAPE:
– or by logging into your user account, using the “Make a return request” tab;
– or by post to the following address: GROUPE LEPAPE, 39 rue d’Artois, 75008 PARIS;
– or by any other durable medium, in particular by e-mail, to the following address: info@lepape.com.

The Products are to be turned over to the company GROUPE LEPAPE to the following address: GROUPE LEPAPE, Service retours/échanges, 22 rue Louis Blériot, ZA de Ti Lipig, 29700 Pluguffan.

The Buyer must enclose with the returned Products a copy of the invoice, an explanatory letter stating the reason for the return (providing, where applicable, any justification as to the reality of the defects, non-conformities or damage noted), details of the Products concerned, and the nature of the request (refund or exchange).

To be validly refunded or exchanged by the company GROUPE LEPAPE, the Products must not have been used and must be turned over intact in their packing of origin with their possible accessories and manuals of use. In defect, the company GROUPE LEPAPE reserves the right to reduce the price to be refunded in proportion to the damage or the missing elements and to engage the responsibility for the Purchaser, or to refuse the exchange.

Returned Products are shipped under the Buyer’s responsibility. The assumption of responsibility by the company GROUPE LEPAPE starts with the reception of the Products in its warehouse.

Products must be returned in the original shipping carton or in an equivalent carton (if the original carton has been damaged or discarded). Product packaging (particularly shoe boxes) cannot be used as shipping cartons.

The shipment of the Products requested in exchange is offered to the Buyer (by Colissimo).

 

Article 11: Warranties

The Buyer benefits from the legal guarantee of conformity (articles L. 217-4 to L. 217-12 of the French Consumer Code) and the legal guarantee relating to defects in the item sold (articles 1641 to 1648 and 2232 of the French Civil Code).

In addition, GROUPE LEPAPE provides the Buyer with contractual warranties negotiated with the manufacturers of each Product.

11.1 – Conformity warranty

Article L. 217-4 of the French Consumer Code :

The seller delivers goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery.

He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter is his responsibility under the contract or was carried out under his responsibility.

Article L. 217-5 of the French Consumer Code :

The property conforms to the contract:

1º Whether it is fit for the use ordinarily expected of similar goods and, if so :

– if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;

– it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2º Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter.

Article L. 217-12 of the French Consumer Code :

Any action arising from a lack of conformity must be brought within two years of delivery of the goods.

Article L. 217-16 of the French Consumer Code :

When the buyer asks the seller, during the course of the commercial warranty granted at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period.

This period runs from the date of the buyer’s request for service, or from the date the goods in question are made available for repair, if the goods are made available after the request for service.

11.2 – Warranty against hidden defects

Article 1641 of the French Civil Code:

The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Article 1648 paragraph 1 of the Civil Code:

The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.

 

Article 12: Right of withdrawal

In accordance with article L. 221-18 of the French Consumer Code, the Buyer has a 14-day withdrawal period, without penalty, from the date of receipt of the Product, to cancel his or her order.

It is specified that in the case of an order for several goods delivered separately or in the case of an order for a good 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.

For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.

To exercise its right of retractation, the Purchaser has 14 days to inform the company GROUPE LEPAPE of its intention to retract by filling and by sending the form of retractation reproduced at the end of present or any other declaration stripped of ambiguity, expressing its will to retract:
– or by logging into your user account, using the “Make a return request” tab;
– or by post to the following address: GROUPE LEPAPE, 39 rue d’Artois, 75008 PARIS;
– or by any other durable medium, in particular by e-mail, to the following address: info@lepape.com.

When the right of retractation is transmitted electronically on line starting from the Site, the company GROUPE LEPAPE will address without delay to the Purchaser an acknowledgement of receipt of the retractation.

The Buyer must return the Products within 14 days of sending the withdrawal form, together with a copy of the invoice.

The Products are to be returned to the company GROUPE LEPAPE at the following address: GROUPE LEPAPE, Service retours/échanges, 22 rue Louis Blériot, ZA de Ti Lipig, 29700 Pluguffan.

The cost of returning the Products shall be borne exclusively by the Buyer.

Returned Products are shipped under the Buyer’s responsibility. The assumption of responsibility by the company GROUPE LEPAPE starts with the reception of the Products in its warehouse.

The company GROUPE LEPAPE is committed refunding with the Purchaser the price of its order, including if necessary the expenses of delivery, in the 14 days of the reception of the Products or at least of the proof of the forwarding of the Products (first of the two dates).

Refunds are made using the same means of payment as that used by the Buyer for the initial transaction.

Products must not have been used or damaged and must be returned intact in their original packaging with any accessories and user manuals. Failing this, GROUPE LEPAPE reserves the right to reduce the price to be reimbursed in proportion to the damage or missing elements and to hold the Purchaser liable.

The right of withdrawal cannot be exercised for Products made to the Buyer’s specifications or clearly personalized, as well as for audio or video recordings or computer software when they have been unsealed by the Buyer after delivery.

 

Article 13: Responsibilities

13.1 – Information

GROUPE LEPAPE makes every effort to ensure to the best of its ability the accuracy, precision, completeness and up-to-date nature of the information published on the site, which it reserves the right to modify at any time and without notice. However, it accepts no responsibility for any inaccuracies or incompleteness in the information provided.

13.2 – Definitive unavailability of
Products

The definitive unavailability of a Product could not engage the responsibility for company GROUPE LEPAPE, nor to open right to damages for the Purchaser.

13.3 – Conformity of Products to standards
applicable

GROUPE LEPAPE commits itself to sell Products in conformity with the regulations and the standards in force in France and in the European Union at the time of the sale.

13.4 – Use/installation/storage
unsuitable Products

Before any use of a Product, the Purchaser is invited to read carefully the methods and precautions of use, and to consult his doctor before the act of purchase in order to ensure the adequacy of the sports practice he envisages with his physical condition and aptitudes. In the event that a Product is made available to a third party, the Buyer is responsible for ensuring that said third party is in the physical condition necessary and indispensable for its use.

GROUPE LEPAPE declines all responsibility and cannot be held responsible for any damage caused to the Buyer, to a third party or to the Product, due to an installation or a use of the Product not in conformity with its destination, or resulting from its storage in abnormal conditions or incompatible with its nature.

13.5 – Impossibility of using the
Products

The total or partial impossibility of using the Products, in particular because of incompatibility of hardware, cannot give place to any compensation, refunding or questioning of the responsibility for the company GROUPE LEPAPE, the Purchaser remaining only judge of the compatibility of the ordered Products with those already in its possession.

 

Article 14: Intellectual property

The Buyer has no intellectual property rights whatsoever on the Products sold or their packaging.

Any unauthorized use by the Buyer of an intellectual property right belonging to the company GROUPE LEPAPE is strictly prohibited.

Failure to comply with this prohibition constitutes an infringement of copyright, for which the infringer may be held civilly and criminally liable.

Nothing herein shall be construed as conferring upon the Buyer a license to any intellectual property right whatsoever.

 

Article 15: Data protection
personal

GROUPE LEPAPE’s policy regarding the protection of personal data is detailed in the section
Processing of personal data and cookies
.

 

Article 16: Force majeure

Neither Party shall be deemed to have failed in its contractual obligations to the extent that their performance is delayed, hindered or prevented by an act of God or force majeure. An act of God or force majeure shall be deemed to be any act or circumstance that is irresistible, external to the Parties, unforeseeable, unavoidable, beyond the control of the Parties and which cannot be prevented by the latter, despite all reasonable efforts.

The Party affected by such circumstances will notify the other within 10 working days of becoming aware of them.

The two parties will then meet within 1 month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which performance of the contract will continue.

 

Article 17: Applicable law and jurisdiction
competent

These termsand conditions are governed by French domestic law, to the exclusion of any international convention.

In the event of a dispute relating to these General Terms and Conditions of Sale or to the sale, the Parties will make every effort to resolve their dispute amicably.

Failing amicable agreement, the competent court will be that of the defendant’s place of residence or that of the actual delivery of the Product.

If the Buyer is not a consumer within the meaning of the French Consumer Code, the Paris Commercial Court shall have exclusive jurisdiction.

 

Article 18: Duration of the General Terms and Conditions
Sales

The present contract is concluded for the duration necessary for the performance of the obligations incumbent on the Parties.

 

Article 19: Recourse to the mediator at the
and the European RLL platform

In the event of failure of a request for written complaint made with the customer service of the company GROUPE LEPAPE, in particular by email with the address info@lepape.com, the Purchaser can have recourse to a conventional mediation procedure or any other alternative mode of payment of the disputes. In particular, he/she may have recourse, free of charge, within one year of his/her complaint, to the following consumer mediator:
CM2C
14 rue Saint Jean
75017 Paris
cm2c@cm2c.net
01 89 47 00 14
https://www.cm2c.net/

The Buyer may also, in order to resolve its dispute, access the European online dispute resolution platform provided for by Regulation (EU) No. 524/2013 of May 21, 2013, accessible at the following URL address: http: //ec.europa.eu/consumers/odr/.

If these mediation or amicable settlement procedures fail, or if the Buyer does not wish to resort to them, the Buyer remains free to submit its dispute to the competent courts.

 

APPLICATION FORM
RETRACTATION

Please complete and return this form only if you wish to withdraw from an order for a Product placed through the Site.

To the attention of GROUPE LEPAPE (39 rue d’Artois, 75008 PARIS or info@lepape.com)

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the order for a Product concluded via the Site below:

Ordered on (*)/received on (*) :

Name of Buyer(s) :

Address of Buyer(s) :

Signature of Purchaser(s) (only if this form is submitted on paper) :

Date :

(*) Cross out
if not applicable.