Terms of sale



ARTICLE 1 - PURPOSE AND SCOPE OF APPLICATION

These general terms and conditions of sale (hereinafter "GTC") apply to all sales made by LANCASTER for the products (hereinafter "Product") offered on the website www.lancaster.com (hereinafter "Site") to consumer customers, natural persons not acting within the framework of a professional activity, aged at least 18 years and having the legal capacity (hereinafter "Customer"). The acceptance of the GTC is materialized by a box to be ticked during the order. The contract concluded with LANCASTER consists solely of the GTC and the special conditions mentioned in the order summary (hereinafter "the Contract"). Any contrary condition of the Customer will thus be, in the absence of express acceptance, inopposable to LANCASTER, whatever the moment when it could have been brought to its knowledge.

ARTICLE 2 - IDENTITY OF THE SELLER - CUSTOMER SERVICE

The company LANCASTER is a limited liability company with a capital of 250 000 €, registered at the RCS of PARIS under the number 387 651 565 and whose intra-community VAT number is: FR76 387 651 565. Its head office is located at 422 rue Saint-Honoré - 75008 PARIS.

Unique CITEO identification number: FR247396_01LIIT.

LANCASTER's Customer Service can be contacted for any question or information:

  • By e-mail at the following address: contact@lancaster.com

ARTICLE 3 - CREATION OF A PERSONAL ACCOUNT

To place an order on the website www.lancaster.com, the Customer must first create a Personal Account (hereinafter "Personal Account").

3.1 - Creation procedure: To create a Personal Account, the Customer must go to the Site and complete the mandatory fields of the registration form. Each Customer can only create one profile for his personal account.

3.2. - Management of identifiers : The identifiers, login and password, allowing access to the personal account are chosen by the Customer taking into account the availability of identifiers already created by other Customers. These identifiers are strictly personal and must be kept secret by the Customer under his responsibility. In the event of loss or theft of the Customer's login details or any unauthorized use of the Customer's Account, the Customer is responsible for contacting LANCASTER so that LANCASTER can provide the Customer with new login details.

3.3 - Activation of the personal Account: By validating the creation of his personal Account, the Customer :

  • Acknowledges having been able to verify and modify, if necessary, the information contained therein;
  • Guarantees to have provided accurate, up-to-date and complete information concerning his identity and contact details.

3.4 - Updating of the Personal Account: The Customer undertakes to regularly update all his personal information in his Personal Account in order to maintain their accuracy.

ARTICLE 4 - INFORMATION ON THE PRODUCTS

4.1 - Essential characteristics of the Products

The essential characteristics of the Products are presented to the Customer on the Site. However, the Customer has the possibility to ask questions about the characteristics of a Product by sending a request by email to the following address: contact@lancaster.com

Unless otherwise expressly indicated on the Site, all Products sold by LANCASTER are new and comply with the European legislation in force and the standards applicable in France. LANCASTER shall not be held liable in the event of non-compliance with the legislation of the country to which the product is delivered. It is the Customer's responsibility to check with the local authorities in the country where the Products are to be delivered to determine whether it is possible to import or use the Products that the Customer intends to order.

LANCASTER cannot guarantee that the information on the packaging of the Products is translated into the language of the country of delivery. However, this information is available at least in French.

4.2 - Availability of the Products

Product offers are valid as long as they are announced on the Site and within the limits of available stocks.

For products not stored in LANCASTER's warehouses, the offers of Products are valid subject to their availability.

In case of unavailability of a Product, LANCASTER will inform the Customer and may either cancel the order or propose a later delivery date. The Customer will be, if necessary, refunded of the sums which it paid under the cancelled order at the latest in the thirty days as from the date of cancellation of the order.

ARTICLE 5 - PRICES

5.1 - Prices of the Products: The products are sold at the prices in force on the website www.lancaster.com (hereinafter "Site") at the time the order is placed.

For France and the European Union, the prices are expressed in euros including all taxes. They take into account the VAT applicable on the day of the order. 

For all other countries, prices are expressed in euros excluding taxes.

Unless expressly indicated otherwise on the site, prices do not include any shipping and handling costs, which are invoiced in addition. Any change in the VAT rate will be applicable at the time of validation of the order by the customer.

5.2 - Delivery costs: The amount of the delivery costs is calculated according to the weight of the package, excluding packaging and gifts, the delivery address and the carrier or mode of transport chosen. The amount of the delivery costs is indicated to the customer prior to any validation of his order.

ARTICLE 6 - PROMOTIONAL CODES

The Promotional Codes issued by LANCASTER (hereinafter "Promotional Codes") are for promotional purposes only.

Promotional Codes must be used on the website www.lancaster.fr and expire on the date stated in the terms and conditions communicated with the Promotional Code. Promotional Codes may be subject to additional terms and conditions communicated with the Promotional Code.

Promotional Codes may not be used on any other website operated by LANCASTER, its affiliates or any other person. The Promotional Codes may not be sold, transferred, redeemed for cash or used on any other LANCASTER account, unless required by law or by the terms of these Terms and Conditions or the terms and conditions communicated with the Promotional Code.

Promotional Codes may not be resold, assigned, redeemed for cash or used on any other LANCASTER account, unless required by law. Promotional Codes not used in one LANCASTER account may not be transferred to another LANCASTER account.

SECTION 7 - ORDERING

The Customer must carefully read and accept the Terms and Conditions before proceeding with the payment of an order for Products placed on the Site. By validating the order, the Customer expressly declares that he/she accepts the T&Cs without restriction or reservation.

Before validating the Order, the Customer shall have the opportunity to check the details of his/her proposed order and to correct any errors.

The distance selling contract is concluded from the moment the Customer confirms his/her order by clicking on the "Confirm your payment" or "Confirm your basket" icon. The Customer is considered to have knowingly accepted the content and conditions of the order in question and, in particular, the General Terms and Conditions of Sale, the fact that his or her Order implies an obligation to pay, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Customer.

Once this step has been validated, the Customer will not be able to cancel the Order. The sale will be final (subject to the Customer exercising his/her right of withdrawal).

Once the Customer has validated the Order, LANCASTER shall confirm it by e-mail.

ARTICLE 8 - CONDITIONS OF PAYMENT

8.1 - Method of payment: The Customer pays his purchases either by bank card, or by Paypal.

Concerning the payment by bank card, :

Only the following credit cards are accepted: Visa, MasterCard or Maestro.

When choosing a payment method, the Customer will be asked to enter his bank details (name of the cardholder, the number of his bank card and, depending on the type of card, its expiry date as well as the cryptogram number - a 3-digit number appearing on the back of his bank card); this will be done securely.

By providing his or her credit card number, the Customer authorizes the Site's bank to debit the total amount of the order (including taxes and delivery charges, if applicable).

LANCASTER will take all necessary measures to ensure the security and confidentiality of the data transmitted online in the context of online payment on the Site.

Regarding payment by Paypal

By choosing the payment via PayPal, the Customer will be automatically directed to his PayPal account. Once the Paypal payment is validated, the Customer will be able to complete his order on the Website.

Regarding payment by Klarna

To choose payment by Klarna, the customer will have to add one or more items to their basket. At the time of payment, they will choose the Klarna payment method. The customer will then be asked to enter their bank details (cardholder's name, card number and, depending on the type of card, the expiry date of the card and the cryptogram number - the 3-digit number on the back of the card) in a secure manner. 

The customer will pay in three instalments: the first payment will be taken once the order has been processed, the two remaining payments will be collected automatically every 30 days.

Klarna can be used in the following list of countries: Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Netherlands, Norway, Poland, Portugal, Spain, Sweden, Switzerland, United Kingdom.

8.2 - Payment date : The Customer's account will be debited as soon as the order of Products is placed on the Website. If the order is cancelled due to the unavailability of the Products, the refund will be made in accordance with the last paragraph of article 4.2 of the GTC.

8.3 - Delay or refusal of payment data-mce-fragment="1">: If the bank refuses to debit a card or other means of payment, the Customer must contact Customer Service in order to pay for the order by any other valid means of payment. In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the Customer would be impossible, the order will be cancelled and the sale automatically terminated.

8.4 - Invoicing: An invoice is established by LANCASTER and transmitted to the Customer during the validation of the order.

ARTICLE 9 - DELIVERY OF THE PRODUCTS

9.1 - Terms of delivery: The terms of delivery are defined below: "Delivery and returns".

9.2 - Delayed delivery: In the event of a delay in delivery, the Customer must report this delay within 8 days to the customer service of LANCASTER, by e-mail addressed to contact@lancaster.com .

In the event of a delay in delivery or, failing that, no later than thirty days after the order, the Customer may terminate the contract by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having asked LANCASTER to deliver the Product within a reasonable additional period, the latter has not complied with this period. The Contract shall be deemed to be terminated upon receipt by LANCASTER of the letter or writing informing LANCASTER of such termination, unless LANCASTER has performed in the meantime. If the Agreement is terminated , LANCASTER shall refund to the Customer all sums paid within fourteen days of the date on which the Agreement was terminated.

9.4 - Receipt: Upon receipt of the Product(s) ordered, the Customer shall check the conformity of the Product (s). Any anomaly concerning the delivery (missing or broken Product, damaged package, ...) must be notified within 3 working days after receipt to the carrier and to the Customer Service by e-mail: contact@lancaster.com. These reservations must be sufficiently precise and complete to establish the existence and the importance of the damage.

ARTICLE 10 - RIGHT OF WITHDRAWAL

The terms of withdrawal are defined below: "Delivery and returns".

ARTICLE 11 - TRANSFER OF OWNERSHIP

LANCASTER remains the owner of the delivered Products until their complete payment by the Customer. The above provisions do not prevent the transfer to the Customer, at the time of delivery, of the risks of loss or damage of the Products which are the subject of the reservation of title, as well as the risks of damage which they may cause.

ARTICLE 12 - WARRANTY

12.1 - Warranty legal

LANCASTER warrants that, when purchased through the Site directly from LANCASTER, the Product will be free from defects in workmanship and materials under normal use for one (1) year from the date of original purchase through the Site. This limited warranty extends only to the original Customer, is non-transferable, excludes all accessories and is valid only in the country of original purchase.

This limited warranty covers only defects in workmanship and materials under ordinary consumer use and does not apply to damage to the Product resulting from deterioration, tearing, accident, misuse, abuse, neglect, damage by sand or liquids, shock or improper storage conditions.

Customer should first contact LANCASTER by e-mail at contact@lancaster.com with the invoice number and contact information. LANCASTER will contact the Customer, who must then return the defective Product in its original packaging with all original documents at its own expense. LANCASTER will inspect the Product.

If, upon inspection by LANCASTER and provided that the defect occurred under normal use within one year from the date of original purchase, the Product is found to be defective, LANCASTER will repair the Product or replace any defective product or part with a new or repaired product or part.

The exchanged Product is covered by this warranty for the remainder of the warranty period of the original Product.

12.2 - Legal warranties

In accordance with the applicable legal provisions, the above contractual warranty does not deprive the Customer of the legal warranties provided by the Consumer Code and the Civil Code in the articles as described below.

When the Customer is a consumer, he is informed that the Products sold by LANCASTER are likely, subject to the respect of the conditions envisaged by the legal texts, to profit from the legal guarantee of conformity (articles L 217-4 to L.217-13 of the Code of consumption) and the guarantee against the hidden defects (articles 1641 to 1649 of the Civil code).

In accordance with Article L211-2 of the Consumer Code, the Customer is informed that when he acts in legal guarantee of conformity, he :

- Has a period of two years from the delivery of the goods to act;

- May choose between repair or replacement of the good, subject to the cost conditions provided for by Article L. 217-9 may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;

-Is exempted from proving the existence of the defect of conformity of the good during the twenty-four months following the delivery of the good.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted. The Customer can also decide to implement the guarantee against the hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

Article L217-4 of the French Consumer Code: The seller delivers goods that conform to the contract and is responsible for any defects in conformity that exist at the time of delivery. He is also responsible for defects of conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at its charge by the contract or was carried out under its responsibility.

Article L217-5 of the French Consumer Code: The goods conform to the contract:

1° If it is fit for the purpose usually expected of a similar good and, where appropriate :
- if it corresponds to the description given by the seller and has the qualities that the latter has presented to the Customer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the Customer, brought to the attention of the seller and that the latter has accepted.

Article L217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article L217-16 of the Consumer Code: When the Customer asks the seller, during the course of the commercial guarantee which was granted to him at the time of the delivery of the goods, to remedy the defect, the seller must provide the Customer with the necessary information. of the acquisition or repair of a movable property, a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run.

This period runs from the date of the Customer's request for intervention or from the time the goods in question are made available for repair, if the goods are made available after the request for intervention.

Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects of the thing sold that make it unfit for the purpose for which it was intended, or that so diminish this use that the Customer would not have acquired it, or would have given only a lower price, if he had known them.

Article 1648 paragraph1 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

ARTICLE 13 - LIABILITY

LANCASTER cannot be held responsible for interruptions of services due to the characteristics and limits of the Internet network, in particular in the case of interruption of access networks, technical performance and response times for consulting, querying, downloading or transferring the information contained on the Site

.

LANCASTER is not responsible for any interruptions in the services of the Site due to technical or other difficulties.

Furthermore, LANCASTER is not responsible in any way for changes in player software that may prevent compatibility with any technical protection measures.

LANCASTER does not guarantee the Customer against the risks of misappropriation, intrusion, contamination and piracy of its data, programs and files, due to the intrinsic characteristics of the Internet. It is the customer's responsibility to take all appropriate measures to protect its own data, programs and files, particularly against computer viruses.

Ingeneral, LANCASTER is not responsible when the bad execution or the non-execution of the obligations resulting from the sale is ascribable either to the Customer, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure

.

ARTICLE 14- FORCE MAJEURE

Neither of the Parties shall be liable in the event that the performance of its obligations is delayed, restricted or rendered impossible due to the occurrence of a case of force majeure as defined in the new article 1218 of the Civil Code (hereinafter the "Force Majeure")

.

The Party suffering from Force Majeure shall notify the other Party without delay of its occurrence. In the event of Force Majeure, if the impediment is temporary, performance of the obligation shall be suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract shall be terminated ipso jure and the parties shall be released from their obligations under the conditions provided for in the new Articles 1351 and 1351-1 of the Civil Code.

ARTICLE15- PERSONAL DATA

LANCASTER implements personal data processing in order to ensure the management, the invoicing, the follow-up of the files of its customers and the prospection.

In accordance with the RGPD and articles 38 to 40 of the law n°78-17 of January 6, 1978, modified, relating to data processing, files and freedoms, you have a right of access, rectification, limitation, opposition, deletion and portability of the data which concern you. You also have the right to formulate general or particular directives relating to the conservation, deletion and communication of your personal data after your death in accordance with article 40 II of the law 78-17 of January 6, 1978. For more information, you can consult the Privacy Policy below: https://lancaster.com/policies/privacy-policy

To this end, you can make changes by accessing your Account when you have created one. You may also send any request accompanied by a copy of an identification document to LANCASTER:

  • By mail to the following address LANCASTER - 422 rue Saint-Honoré - 75008 PARIS
  • Or by e-mail to the following address: contact@lancaster.com

ARTICLE 16 - OPPOSITION TO TELEPHONE SOLICITATION

If the telephone number of the Customer is collected at the time of the creation of its account or the placing of its order, the latter is informed that its telephone coordinates will be used only for the good execution of its orders or to contact it in order to propose new services.

Without prejudice to the foregoing, in accordance with Articles L223-1 and L223-2 of the Consumer Code, the Customer is also informed that there is a list of opposition to telephone canvassing "Bloctel" on which it is possible to register online at the following address: https: //conso.bloctel.fr.

ARTICLE 17 - Intellectual property - PROTECTION OF DATABASES

All elements of the Site, whether visual or audio, including the underlying technology, as well as the Products are protected by intellectual property rights such as copyright, trademark or patent. They are the exclusive property of LANCASTER or its content providers. Any reproduction, representation or reuse, in whole or in part, in any medium is prohibited. Failure to comply with this prohibition constitutes an infringement that may engage the civil and criminal liability of the infringer. The Customer who has a personal Internet site and who wishes to place, for personal use, on his site a simple link referring directly to the Site, must obligatorily ask for the written and preliminary authorization to LANCASTER, without that this authorization can be regarded as an implicit agreement of affiliation. In any case, any link must be removed upon request from LANCASTER.

The systematic extraction and/or reuse of parts of the content of the LANCASTER website is prohibited without the prior written consent of LANCASTER. beforehand. In particular, you may not use a data-mining robot, or any other similar data collection or extraction tool to extract (in one or more instances), to reuse a substantial part of the LANCASTER website without LANCASTER's prior written consent. You may not create and/or publish your own databases that contain substantial parts (e.g. prices and product lists) of the LANCASTER website without LANCASTER's prior written consent.

ARTICLE 18 - PARTIAL INVALIDITY

If one or more of the provisions of the GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other provisions shall retain all their force and scope.

ARTICLE 19 - MODIFICATION OF THE SITE OR OF THE CONDITIONS OF SALE

LANCASTER reserves the right to make changes to its Website, procedures and Terms of Sale at any time. Each Customer is subject to the procedures and Conditions of Sale in effect at the time it orders a Product, unless a change to these procedures and conditions is required by an administrative or governmental authority (in which case, this change may apply to previous orders it has placed).

ARTICLE 20 - PROOF AND ARCHIVING

The Customer acknowledges that the order procedure and these Terms and Conditions are concluded online and constitute an "electronic contract" between the Customer and LANCASTER.

LANCASTER agrees to archive this information in order to monitor the transactions and to produce a copy of the contract at the Customer's request.

Accordingly, the Customer agrees, in accordance with the principles governing electronic contracts under the law, not to challenge the contract merely because it has been electronically archived by LANCASTER. In the event of a dispute, LANCASTER shall have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

ARTICLE 21 - COMPLAINTS

Any complaint can be addressed to LANCASTER:

  • Either by registered letter with acknowledgement of receipt to the following address: 422 rue Saint-Honoré - 75008 PARIS,
  • Or by e-mail to the following address: contact@lancaster.com

ARTICLE 22 - MEDIATION

When the Customer is a consumer, he may, in accordance with Article L.111-1 of the Consumer Code, in the event of a dispute arising from this agreement, have recourse to a consumer mediator:

Name: Mediator of the e-commerce of the FEVAD

Address: 60 rue la Boétie - 75008 PARIS
E-mail: mediateurduecommerce@fevad.com

Website: www.mediateurfevad.fr

ARTICLE 23 - APPLICABLE LAW - DISPUTE

The GTC are subject to French law. In case of translation, the French version prevails. ALL ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, EXECUTION OR BREACH OF THE CONTRACT CONCLUDED BETWEEN LANCASTER AND THE CUSTOMER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, SHALL BE THE EXCLUSIVE COMPETENCE OF THE FRENCH COURTS HAVING JURISDICTION IN APPLICATION OF THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.