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Preamble

These General Terms and Conditions of Sale for the website www.lepoppers.com define the rights and obligations of the parties regarding the sale of products by Lepoppers through its sales website www.lepoppers.com. The consumer is deemed to accept without reservation all the provisions provided for in these conditions. Lepoppers, in turn, commits to fulfilling its role as a reseller under these same conditions. Furthermore, these conditions apply to the exclusion of all other conditions. This website and its content are exclusively reserved for B2B professional resellers and adults.

Article 1: Products

1.1 - Validity of Product Offer

The offers presented by Lepoppers are only valid within the limits of available stocks. Lepoppers reserves the right to modify the range of products, their availability times, and their prices, according to the constraints imposed by suppliers and/or manufacturers and to inform the consumer accordingly.

1.2 - Conformity of Product Offer

The products offered comply with the current French legislation and applicable standards in France. The photographs, texts, graphics, information, and characteristics reproduced and illustrating the presented products are not contractual. Consequently, Lepoppers cannot be held responsible in the event of an error or omission in one of these photographs, texts, or graphics, information, or product characteristics, or in the event of a modification of these characteristics by suppliers and/or manufacturers.

1.3 - Availability

Availability times are mentioned on the detailed product sheets for information purposes. Information on product availability is provided by suppliers and/or manufacturers; the permanent unavailability or possible postponement of these dates shall not engage Lepoppers' responsibility or entitle the consumer to damages. In the event of a product's unavailability, Lepoppers commits to informing the consumer as soon as possible. In the case of a product's availability being postponed, Lepoppers will inform the consumer of the new dates announced by suppliers and/or manufacturers. In the event of prolonged unavailability of a product, Lepoppers will offer the consumer the validation of their modified order and the refund of the unavailable item(s).

Article 2: Prices

2.1 - Prices/VAT

Prices on the website are indicated in Euros excluding taxes (HT) and exclude additional shipping costs, which are indicated before the final confirmation of the order. Prices are subject to French VAT, and any change in the legal rate of this VAT will be implicitly reflected in the prices of the products presented on the Lepoppers website on the date indicated by the referring decree.

2.2 - Transfer of Ownership

Lepoppers retains full ownership of the products sold until full receipt of all amounts due by the consumer within the framework of their order, including costs and taxes.

Article 3: Order

3.1 - Consumer Data

The consumer must verify the completeness and accuracy of the information regarding the delivery address provided to Lepoppers. Lepoppers cannot be held responsible for any input errors and the resulting consequences, such as delays and/or delivery errors. In this context, if the merchandise cannot be delivered to the buyer and is returned to Lepoppers by the carrier, Lepoppers will either offer a new shipment at the buyer's expense or cancel the order and refund the price of the ordered products, with shipping costs remaining the responsibility of the buyer.

3.2 - Non-Execution of the Order

Lepoppers cannot be held responsible for the non-performance of the contract in case of stock shortage or unavailability of the product, force majeure, disruption, total or partial strikes, including postal services, means of transport and/or communications, flooding, fire. Lepoppers will not incur any liability for any indirect damages arising from the purchase of products, such as loss of business, loss of profit, loss of opportunity, damages, or expenses. In case of unavailability of the ordered product, especially due to suppliers and/or manufacturers, the consumer will be informed as soon as possible and will have the option to cancel their order. The consumer will receive a refund of the amounts collected (within 30 days at the latest following the date of order cancellation). In case of impossibility to exchange, Lepoppers reserves the right to cancel the consumer's order and refund the amounts collected.

3.3 - Shipping Costs

Lepoppers reserves the right to charge the consumer a flat-rate fee for shipping costs. This requested contribution will be clearly indicated on the website www.lepoppers.com.

3.4 - Order Confirmation

In accordance with the law of March 13, 2000, regarding the validity of the electronic signature, any order signed by the Consumer through the "double-click" procedure constitutes an irrevocable acceptance that can only be challenged in the cases expressly provided for in these general terms and conditions of sale, namely the exercise of the right of withdrawal and insufficient stock. Similarly, by clicking on the "Je confirme ma commande" (I confirm my order) tab during the order process, the Consumer declares that they accept these General Terms and Conditions of sale without reservation.

Contractual information will be confirmed by email. Some orders will need to be verified by Lepoppers' verification service. In this case, the consumer will be notified by email of the supporting documents to be sent in order to obtain final validation of the order. In the context of an order verification, the consumer must send Lepoppers, by fax or email, a legible photocopy of proof of address and/or a piece of identification. The order will only be validated after receiving and verifying these documents. In the absence of receiving these documents within 15 days following order validation by the consumer, it will be deemed canceled automatically.

3.5 - Execution of the Order

The order will be processed within a period of 48 hours to 5 days (excluding weekends and holidays) from the date of final validation by Lepoppers (upon receipt of payment and completion of the order verification process).

3.6 - Proof of the Order

The data recorded by Lepoppers constitutes evidence of all transactions between Lepoppers and its contracting parties. Archiving of orders and invoices will be carried out on a reliable and durable medium that can be produced as legal evidence in case of a dispute.

3.7 - Cancellation of the Order

Lepoppers reserves the right to cancel or refuse any order from a customer with whom there is a dispute related to the payment of a previous order.

Article 4: Payment

4.1 - Validation

Payments by credit card are collected upon processing the order by Lepoppers. Credit card payments are subject to the same collection conditions, except for specific and/or one-time payment offers presented on the website www.lepoppers.com.

4.2 - Payment Method

To settle their order, the consumer has the option to choose from all the payment methods offered during the final validation of the order. The availability and shipping times will be recalculated based on the date of payment method registration.

Article 5: Delivery

5.1 - General

An order will be considered settled when all the products have been shipped, and the consumer has fully paid for the products and their participation in shipping costs.

5.2 - Terms

The products will be delivered to the address provided by the consumer on the order form, specifically to metropolitan France, Monaco, and Europe within a period of 1 to 10 business days. The choice of the mode of transport will be determined by Lepoppers based on the weight and/or volume of the products. Lepoppers reminds the consumer to ensure they have provided all the necessary information for the delivery of their order.

5.3 - Usual Reservations (in accordance with GLS General Terms and Conditions)

The consumer has a legal and contractual obligation to inspect the physical condition and contents of the package(s) upon delivery, in the presence of the delivery person.

Any anomaly regarding the delivery (damage, product missing compared to the delivery note, damaged package, broken products, etc.) must be clearly stated on the carrier's delivery note as "handwritten reservations," detailed, dated, explicit, and accompanied by the consumer's signature. The consumer must also report this anomaly to the carrier within three (3) business days following the delivery date by sending a registered letter with acknowledgment of receipt, detailing the claims.

Simultaneously, the consumer must send a copy of this letter (accompanied, if applicable, by the "spoliation report" or the "anomaly report" obtained from the carrier) by regular mail to: FCC, 790 avenue de la Quiera, 06370 Mouans-Sartoux, France. Any claim received beyond the deadline will be definitively rejected without recourse for the consumer.

5.4 - Anomaly / Spoliation

In the case of a delivery by a transport company, if the package arrives open and/or damaged (especially with the presence of tape) and is accepted upon delivery with "handwritten reservations," it is essential for the consumer to obtain an "anomaly report" from the postman, the post office, or the delivery person. This form should be sent to Lepoppers' Customer Service for them to initiate an investigation and potential compensation process. In the event of refusal of the merchandise upon delivery, in addition to the "handwritten reservations" to be made, the consumer must request the carrier to return this package to the FCC warehouse at 790 avenue de la Quiera, 06370 Mouans-Sartoux, France, accompanied by a "spoliation report" (constat 170), and retain a copy of this form, if applicable. In the case of delivery by other carriers, any open and/or damaged package, whether accepted or not upon delivery, must be accompanied by "handwritten reservations." These should be noted on the delivery person's form by the consumer, who must also inform the carrier and Lepoppers in writing within two (2) business days following delivery. Some carriers may be required to conduct an inspection at your premises to assess the condition of the delivered package before retrieval and, if necessary, rerouting to Lepoppers' after-sales service, accompanied by an incident notification. Only damages and anomalies mentioned in these reservations made by the consumer will be considered in resolving the dispute by the carrier. Lepoppers reminds you that, in the event of a delivery problem, the consumer must keep all received items as they are (including packaging) until a complete resolution of their case.

Article 6: Receipt

6.1 - Procedures

The consumer must report to Lepoppers' Customer Service any claims of delivery errors and/or non-compliance of products in terms of nature or quality with respect to the information on the order form within two business days of receiving the package. Claims made beyond this deadline will be rejected without recourse for the consumer.

6.2 - Product Compliance

The consumer can make this claim to Lepoppers' Customer Service by phone at 04 92 28 26 00 from 10 am to 12 pm and from 2 pm to 5 pm, Monday to Friday, excluding holidays, or by email: from the homepage of our site, under the Contact section. The consumer must provide a detailed description of the reasons justifying non-compliance.

Article 7: Right of Withdrawal

7.1 - General

In accordance with Article L121-20 of the Consumer Code, the consumer has a right of withdrawal for a period of fourteen (14) clear days, starting from the day of receiving the goods. The consumer then has two (2) weeks to return the product to Lepoppers. This right is limited by Article L121-20-2 of the Consumer Code concerning audio, video, or software recordings, to products that have not been unsealed.

7.2 - Conditions for Exercising the Right of Withdrawal

The right of withdrawal is exercised by the Consumer at their discretion. The consumer returning the item does not have to provide reasons or pay a penalty. This right of withdrawal cannot be exercised if the product(s) have clearly been used. The products must be returned correctly, in their original packaging, in a perfect resalable condition (undamaged, unspoiled, unsoiled, with all possible accessories, documentation, etc.) to the following address: FCC, 790 avenue de la Quiera, 06370 Mouans-Sartoux - France. The consumer must also include the original invoice with the return and keep a copy.

7.3 - Refund

The return of products will result in a refund equal to the purchase price of the product as well as the shipping costs. The return costs are the responsibility of the consumer exercising the right of withdrawal. The right of withdrawal can also be exercised prior to delivery. If it occurs after the product has been shipped, the return costs will remain the responsibility of the consumer. Upon processing the return, Lepoppers will contact the consumer to confirm the exercise of their right. The refund will be made either by check or by crediting the consumer's credit card. Lepoppers undertakes to refund the Consumer within 14 days after receiving the returned goods.

Article 8: Liability Exemption

Neither party shall be deemed to have failed to fulfill its contractual obligations to the extent that their performance is delayed, hindered, or prevented by an unforeseeable event or force majeure. Unforeseeable events or force majeure shall be understood to mean all irresistible events or circumstances, external to the parties, unpredictable, unavoidable, beyond the control of the parties, and which cannot be prevented by them, despite all reasonably possible efforts. The party affected by such circumstances shall notify the other party within ten (10) working days from the date on which it became aware of them. The two parties shall then meet within one month, except in cases of force majeure, to assess the impact of the event and agree on the conditions under which the contract will be continued. If the force majeure event lasts for more than three months, these general terms and conditions may be terminated by the injured party. Expressly considered as force majeure or unforeseeable events are, in addition to those typically accepted by French courts and tribunals:

  • Transportation or supply means blocking
  • Earthquakes
  • Fires
  • Storms
  • Floods
  • Lightning
  • The interruption of telecommunication networks
  • Difficulties specific to telecommunication networks external to customers

Registered Office: FCC, 790 avenue de la Quiera, 06370 Mouans-Sartoux, FRANCE

RCS Antibes No. 000 000 000

VAT: FR00 000 000 000

Phone: +33 (04) 92 28 26 00

Last updated on 08/07/2022