TERMS OF SALES

PREAMBLE

The Platform www.lephilanthrope.com is published by the simplified joint stock company with a single shareholder Le Philanthrope SASU, whose head office is located at 10, rue de la Parfumerie, 92600 Asnières-sur-Seine, registered in the Trade and Commerce register. Paris companies under number 880578133. Its intra-community VAT number is FR36880578133.

These general conditions of sale apply to all orders placed with the company Le Philanthrope for all items and services offered on the site lephilanthrope.com by non-commercial individuals. Consequently, the fact for any person to order a product offered for sale on the Philanthropist's website implies full acceptance of these general conditions of sale of which the Customer acknowledges having read prior to his order.

The Philanthropist reserves the right to modify these general conditions of sale at any time. However, the General Conditions of Sale applicable to the order placed by a Customer on the Philanthropist's Site are those accepted by the Customer at the time of placing their order.

ARTICLE 1. ENTIRETY

These General Conditions express the entirety of the obligations of the parties. In this sense, the Customer is deemed to accept without reservation all of the provisions provided for in these general conditions of sale. The Philanthropist, for his part, undertakes to respect his role as reseller within the framework of said conditions.

 

ARTICLE 2. PURPOSE

The purpose of these General Conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by the company Le Philanthrope to the Customer, from ordering to delivery, including payment and delivery. use of services possibly made available by Le Philanthrope.

 

ARTICLE 3. SCOPE OF APPLICATION

These General Conditions govern the sale of products on the day the order is placed by the Customer. They apply to all methods of placing orders offered by Le Philanthrope.

 

ARTICLE 4. ORDER

ABILITY TO CONTRACT

Any Client of the company Le Philanthrope declares having the capacity to contract under the conditions described below, that is to say being an emancipated minor or having legal majority and not being protected within the meaning of article 488 of the Civil Code . The Philanthropist reserves the right to refuse any Order from a Customer with whom a dispute exists or appears during the processing of an Order, in particular a payment dispute.

 

ACCEPTANCE OF THE CONDITIONS BY THE CUSTOMER

These Conditions can be read directly on the lephilanthrope.com website. At the Customer's request, they can also be sent by email.

The fact for the Customer to check the box "I accept the general conditions of sale", before proceeding to the secure payment, constitutes an irrevocable acceptance which can only be called into question in the cases restrictively provided for in these general conditions of sale. sale under the “right of withdrawal” paragraph. The Customer acknowledges by this act that he has read and understood these Conditions and accepts them.

Purchasing by telephone and/or email and/or via social networks also implies acceptance of these Conditions which he acknowledges having previously read, understood and accepted in the conditions mentioned above.

 

PLACING AN ORDER

The Individual Customer can place his order with the Philanthropist via the internet 24 hours a day, 7 days a week, except during the site maintenance phase.

Any order constitutes acceptance of the prices and description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.

In all cases, the online provision of the bank card number and the final validation of the order by the Customer will constitute proof of the order and payable amounts for the products selected in the order. This validation constitutes signature and acceptance of all operations carried out on the lephilanthrope.com site.

 

ORDER CONFIRMATION

An email is automatically sent to the Customer to confirm the order has been taken provided that the email address indicated in the registration form does not contain an error.

The Client must verify the completeness and conformity of the information he provides to Le Philanthrope. The latter cannot be held responsible for possible entry errors and the consequences in terms of delay or delivery error. In this context, all costs incurred for recovery and/or reshipment will be the responsibility of the Customer.

 

ORDER TRACKING

The Customer receives an email at each key stage of order tracking. This latter delivery tracking is carried out in interface with the carriers' Internet tracking means. The Philanthropist cannot therefore be held responsible for unavailability, or errors that may affect the information provided by its carriers. The Philanthropist nevertheless strives to make this information as clear as possible and to make transport with its carriers as reliable as possible. The Customer can at any time contact the Philanthrope's customer service by an email addressed to cherphilanthrope@gmail.com in order to be informed of the progress of their order.

 

PROOF OF ORDER

The computerized records, kept in the computer systems of the company Le Philanthrope under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties.

The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

 

ARTICLE 5. PRODUCT INFORMATION

PRODUCT FEATURES

The information, characteristics, photographs and graphics presented on the sites or in emails sent by Le Philanthrope are presented with the greatest possible accuracy. Each Product sheet is drawn up based on information provided by the manufacturer or supplier of the Product, and presents the essential characteristics of the Product selected in accordance with article L.111-1 of the Consumer Code. This information is intended, without being exhaustive, to inform the Customer as completely as possible about the essential characteristics of the Products. The Customer is informed, subject to his rights, of the possibility of a difference in presentation upon Delivery resulting from a modification of packaging (photography and illustrations) by the manufacturer or supplier, this difference not affecting in any way the content and characteristics of the Product.

 

PRODUCT AVAILABILITY

The Philanthropist only undertakes to honor orders received within the limits of available stocks of the products or within the limits of stocks available from its suppliers. If the Product(s) are not available, The Philanthropist undertakes to inform the Customer as quickly as possible. The Philanthropist reserves the right to modify the assortment of products at any time, depending in particular on the constraints imposed by its suppliers.

Availability may vary in the same day depending on the level of sales. The Philanthropist updates availability very frequently. In the event of unavailability of the products, The Philanthropist will notify the Customer by telephone or email.

The unavailability of a product is mentioned on the product page.

If The Philanthropist cannot obtain an ordered product from its suppliers, the company will notify the Customer of the expected delay by email. The latter may then request reimbursement of the sums paid within 14 days at the latest of their payment, either the exchange of the unavailable product for another product, or the cancellation of the order. No cancellation penalty will be applied for such order cancellation. No cancellation compensation (apart from full reimbursement of the Order) may also be requested, such unavailability resulting from the time limit for updating these unavailability.

The company Le Philanthrope cannot be held responsible for the non-performance of the contract concluded in the event of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike in particular of postal services and means of transport and /or communications, flood, fire.

 

ARTICLE 6. PRICE

Prices are indicated in euros, all taxes included, and are only applicable on the date validation of the order is sent by the Customer.

As the prices of the Philanthropist's suppliers are constantly changing, the prices displayed on the site are subject to change at any time, upwards or downwards.

The prices do not take into account delivery costs, gift wrapping costs, possible promotional offers and personal discounts, indicated before final validation of the order.

The prices take into account the French VAT applicable on the day of the order and any change in the legal VAT rate will be automatically reflected in the price of the products presented on the site, on the date stipulated by the implementing decree. However, prices cannot be modified once the Customer's order has been placed. Likewise, if one or more taxes or contributions, particularly environmental, were to be created or modified, either up or down, this change may be reflected in the selling price of the items on the lephilanthrope.com site.

 

ARTICLE 7. PAYMENT

MEANS OF PAYMENT

The Customer can pay for their order online by credit card. The Customer guarantees to the company Le Philanthrope that he has the necessary authorizations to use the payment method chosen by him when validating the order form. The debit of purchases from the Customer's account is made at the time of processing the order.

The Philanthropist implements all necessary means to ensure the security and confidentiality of data transmitted online. For this purpose, the site uses a secure SSL (Secure Socket Layer) payment method which allows the encryption of your bank details during their transmission over the network. You will notice that the transmission is encrypted by software when the padlock symbol appears in your browser.

The company Le Philanthrope reserves the right to suspend all order management and delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment. The company Le Philanthrope reserves the right to refuse to make a delivery or to honor an order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. of administration.

As part of an order verification procedure intended to ensure that no person uses the bank details of another person without their knowledge, the Customer may be asked to send by fax or e-mail to the company Le Philanthrope a copy of an identity document as well as proof of address. The order will only be validated after receipt and verification by our services of the parts sent. If these documents are not received within 15 days of placing the order, the order will be deemed automatically canceled.

BILL

The order form that the Customer establishes online or the order confirmation sent by email to the Customer by Le Philanthrope does not serve as an invoice. The Customer may request the original invoice at any time by writing to cherphilanthrope@gmail.com. The invoice is not attached to the package.

TRANSFER OF OWNERSHIP

The Philanthropist remains the owner of the Products delivered until their full payment by the Customer. The above provisions do not prevent, upon delivery of the Products, the transfer to the Customer of the risks of loss or deterioration of the Products subject to retention of title as well as the damage that they could cause.

 

ARTICLE 8. DELIVERY

ZONES, MODES, PRICES AND DELIVERY TIMES

The Philanthropist now delivers to 2 areas and with 3 different carriers depending on your choice:

1. in France.
2. in Monaco, Belgium, Switzerland, Germany, Austria, Spain, Italy, Luxembourg, Portugal and the Netherlands.

If you are outside these areas, write to us on cherphilanthrope@gmail.com specifying what you would like to order, or contact us via the site contact form, so that we can find a solution.

Prices for Metropolitan France:

Colissimo delivery 100% free for purchases over €100 including tax.

Friendly price for delivery under 100€ of purchase including tax.

• If you wish to go to a relay point, delivery costs €4 per order with Mondial Relay,
• For home delivery (or to a post office if the carrier is unable to deliver directly to you) you can opt for Colissimo at €7 or Chronopost (= express) at €19 per order. Note that a shipment by Colissimo in France can cost the Philanthropist €20 depending on the weight of the package, hence the expression "Friendly Price".

Prices outside mainland France:

• By Mondial Relay at €8,
• By Colissimo at 14€,
• by Chronopost express at €22.

We prepare each order within 2 working days maximum, so that you receive your nuggets as quickly as possible and generally within 1 week. As soon as the package is sent, you will receive a tracking number by email to monitor its arrival. Then, you must add the carrier's lead time: for France for example, 1 to 2 working days by Chronopost and 4 working days on average for Colissimo and Mondial Relay.

Sometimes a product is on order or arrives in stock later. This is then specified on the product sheet and this extends the delivery time a little.

We inform you at each key stage of the arrival of your nugget but if you have not received a shipping confirmation email and/or a number to track delivery or if the number received is incorrect, contact us by email on cherphilanthrope@gmail.com so that we can help you as best as possible.

And to cancel your order before it is sent to you, contact us by email at cherphilanthrope@gmail.com . This step is essential for your request to be taken into account and we will do our best to help you, although we cannot guarantee cancellation if the package has already been shipped.

The products are delivered to the address indicated by the Customer on the order form. The Client must verify the completeness and conformity of the information he provides to Le Philanthrope. The latter cannot be held responsible for possible entry errors and the consequences in terms of delay or delivery error. In this context, all costs incurred for the recovery and/or reshipment of the order will be entirely the responsibility of the Customer.

The Philanthropist cannot be held responsible for delivery delays due to errors or disruptions attributable to carriers (including in the event of a total or partial strike of postal services and means of transport and/or communications).

In the case of an order which includes one or more unavailable products as well as one or more available products, Le Philanthrope ships the order upon receipt of all the products which constitute the order. If the Customer wishes to receive immediately available products as quickly as possible, he is advised to isolate these items in a separate specific order.

An email is automatically sent to the Customer when the Products are shipped provided that the email address indicated in the registration form does not contain an error.

CONDITIONING

The products are packaged in such a way as to comply with current transport standards, and to ensure optimal protection of the products during delivery. The Customer is asked to respect these same standards when returning a product, whether during after-sales service, or when returning for convenience. In the event of a product return, if we notice that the product returns to us damaged due to insufficient quality packaging, The Philanthropist may decide to only partially reimburse the product or to refuse to reimburse it if this is impossible. for resale as is.

GIFT WRAP

The Philanthropist can offer its Clients a gift wrapping service for non-bulky items, such as clothing and accessories, small toys and small decorative items. Large or bulky items cannot benefit from gift wrapping. A flat rate contribution is requested for the gift wrapping service, the amount is clearly indicated in the basket summary.

CUSTOMER RESPONSIBILITY FOR CHECKING PACKAGES UPON RECEIPT

The Philanthropist reminds that it is the Customer's responsibility to inspect their packages upon receipt in the presence of the delivery person and to immediately notify the carrier and the Philanthropist's customer service (by email to cherphilanthrope@gmail.com) of any anomaly observed ( shock, damaged package, delivery date not in accordance with the normal delivery service deadlines). In the event that such mentions have not been made on the delivery slip presented to the Customer by the carrier, no complaint relating to the condition of the package(s) could be accepted retrospectively by Le Philanthrope.

CARRIER RELATED DELIVERY DELAYS

In the case of a delay in delivery compared to the deadlines announced by the carriers, the Customer must first contact the carrier or its distribution office in the case of La Poste, to see if the package is not pending. If necessary, the Customer can contact Le Philanthrope Customer Service by telephone or email at cherphilanthrope@gmail.com in order to open a dispute or investigation file to search for the package.

Sometimes packages are lost by carriers. The deadlines imposed by the carriers imply that the Customer declares the loss within 10 days following receipt of the Philanthropist's shipping notice. Under these conditions, Le Philanthrope is responsible for making the necessary claims with the carrier concerned. Once the complaint and the opening of an investigation have been made, it may take 3 to 4 weeks to receive a response from the carrier.

If the package is found, it will be redirected immediately to the Customer's home. In the event that the package is not found, the Customer may then request the return of the same product (within availability times), at the expense of the Philanthropist, or reimbursement of the amount paid. If the product(s) ordered were no longer available at that time, The Philanthropist will reimburse the amount of the products affected by the carrier's loss.

DAMAGED PACKAGES

The Customer must check the condition of the package in front of the carrier and make the necessary reservations on the delivery slip in the event of partial or total damage. In the absence of reservations, the product is deemed accepted by the Customer and cannot be the subject of any dispute concerning its delivery. The Client must inform The Philanthropist by email as soon as possible, so that The Philanthropist can take the necessary measures as quickly as possible.

 

ARTICLE 9. RIGHT OF WITHDRAWAL, RETURN AND EXCHANGE

LEGAL PERIOD FOR WITHDRAWAL

If you buy a product it is because you love it, but as we are never safe from a bad surprise it is always possible to return it within 15 days of receipt, except for personalized products. and for underwear, for which return is not possible. This is in accordance with the provisions of articles L.221-16 et seq. of the Consumer Code.

Of course, the product must not have been worn other than for trying on and must be in perfect condition and returned in its original packaging, in order to be remarketed, otherwise the return is impossible.

To return a product, simply send us an email to cherphilanthrope@gmail.com, otherwise no request can be taken into account and no refund can be made. You must specify in the message your name, the name of the product, the order number, the reason for the return, if it is for an exchange or for a refund, and if it is an exchange what you wish to order from the place. We will tell you how to return the product, then once it has been received and verified we will refund or exchange it.

Returns and exchanges are free (limited to one return/exchange per order), provided of course that the product is returned in the perfect condition in which you received it. Reimbursement is made to the bank account where the initial purchase was made. The refund will be made as soon as possible and at the latest within 15 days following the effective exercise of the right of withdrawal by the Customer. This period may, however, be extended by Le Philanthrope until receipt by Le Philanthrope of the goods returned by the Customer, or until receipt by Le Philanthrope of proof of shipment of the Items by the Customer. When the fifteen (15) day period expires on a Saturday, Sunday or public holiday, it is extended until the first following working day.

In accordance with article L.221-23 of the Consumer Code, the right is exercised by returning the Item, only the shipping costs remain the responsibility of the Customer.

ITEMS EXCLUDED FROM THE LEGAL WITHDRAWAL PERIOD

In accordance with article L.221-28 of the Consumer Code, the Customer does not benefit, for the Order of Items which, due to their nature, cannot be reshipped or are likely to deteriorate or expire quickly, a right of withdrawal to return your Order. This includes goods whose original packaging has been unsealed, including any cosmetic item which has been opened or damaged, by the Customer after Delivery, because they cannot be returned for reasons of hygiene and health. Any item of lingerie and/or underwear is also excluded from the right of withdrawal, for hygiene reasons.

TERMS OF EXERCISE OF THE RIGHT OF WITHDRAWAL

The customer writes to cherphilanthrope@gmail.com then receives instructions allowing him to make the return.

The Philanthropist suggests that the Customer return their products by registered mail or with additional insurance, guaranteeing, where applicable, compensation for the products up to their actual market value in the event of theft or loss. of this merchandise. In all cases, the return is made at the Customer's risk. It will be up to the Customer to keep all proof of return. Return costs are the responsibility of the Customer, who is free to choose the shipping method.

Return package address:

The Philanthropist

10, rue de la Parfumerie

92600 Asnières-sur-Seine

France

If the deadlines are not respected, the Philanthropist will not be able to reimburse the Client.

Only Items returned in their original packaging in perfect resalable condition (shoe box, plastic bags, etc.) will be accepted. Consequently, returns of washed and/or worn clothing, as well as damaged boxes, will be refused.

Withdrawal can never be exercised if the Items delivered are Items which have been, even in part, washed, soiled, damaged or used. Likewise, these Items returned incomplete, damaged or soiled by the Customer will not be returned or exchanged.

The Items must also be accompanied by the order number, shown either on the return slip, sent with the Items delivered signed by the Customer, or on any other document.

The Customer's liability can only be incurred in the event of depreciation of the Item resulting from manipulations other than those necessary to establish the nature, characteristics and, where applicable, the proper functioning of the Items.

ARTICLE 10. GUARANTEES, CLAIM, MEDIATION

GUARANTEES

In accordance with article 4 of decree n°78-464 of March 24, 1978, the provisions hereof cannot deprive the Customer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of hidden defects in the item sold. .

The Customer is expressly informed that the company Le Philanthrope is not the manufacturer of the products presented on the website lephilanthrope.com, within the meaning of law n°98-389 of May 19, 1998 and relating to liability for the fact defective products.

Consequently, in the event of damage caused to a person or property by a defective product, only the liability of the manufacturer thereof can be sought by the Customer, on the basis of the information appearing on the packaging of said product. In addition, the company Le Philanthrope reminds that the products, services and information offered by Le Philanthrope in no way replace the constant vigilance of adults.

The Philanthropist cannot be held liable in the event of non-compliance with the legislation of the country where the products are delivered. It is up to the Customer to check with local authorities the possibilities of importing or using the products or services you plan to order.

COMPLAINT / MEDIATION

Any complaint must be made in advance by email to cherphilanthrope@gmail.com .

If applicable, the refund will be made within 15 days of receipt of the Item by Le Philanthrope depending on the payment method chosen during the Order, on the bank card used for payment. These provisions do not exclude the aforementioned right of withdrawal.

In accordance with article L.616-2 of the Consumer Code, The Philanthropist informs the Customer of the existence of the platform put online by the European Commission which aims to collect possible complaints resulting from a purchase in European consumer line and then transmit the cases received to the competent national mediators. The link is: http://ec.europa.eu/consumers/odr/

 

ARTICLE 11. LIABILITY

The products offered comply with current French legislation and the standards applicable in France. The company Le Philanthrope cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is up to the Customer to check with local authorities the possibilities of importing or using the products you plan to order.

The liability of the company Le Philanthrope cannot be held liable for inconveniences and damages relating to the use of the internet network, such as in particular a break in the service, the presence of computer viruses or external intrusions and more generally any cases qualified as force majeure or made by third parties by the courts.

Hypertext links may refer to sites other than the lephilanthrope.com site. The Philanthropist disclaims all liability in the event that the content of these sites contravenes the legal and regulatory provisions in force.

 

ARTICLE 12. FORCE MAJEURE

Neither party will have failed in its contractual obligations, to the extent that their execution is delayed, hindered or prevented by a fortuitous event or force majeure.

Will be considered as fortuitous event or force majeure any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts.

The party affected by such circumstances will notify the other within ten business days of becoming aware of them.

The two parties will then come together, within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which execution of the contract will be continued.

If the force majeure lasts for more than three months, these general conditions may be terminated by the injured party.

Expressly, the following are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals:

- Total or partial strikes, internal or external to the company, blocking of means of transport or supplies for any reason whatsoever, government or legal restrictions, computer failures, earthquakes, fires, storms, floods, lightning;

- The shutdown of telecommunications networks or difficulties specific to telecommunications networks external to Customers.

 

ARTICLE 13. PERSONAL DATA

Visitors or Customers of the lephilanthrope.com site have at any time a right of access, modification, rectification and deletion of data which concerns them in application of article 34 of the law "information technology and freedoms" of January 6, 1978.

When registering the Customer or placing an order, or as part of other specific operations, The Philanthropist offers Visitors or Customers the opportunity to receive its newsletters, its promotional offers, and/or to register for be informed of the holding of its exclusive sales. The Visitor or Customer can modify their subscription at any time through the hyperlink appearing at the bottom of the newsletters received by email.

The Philanthropist undertakes to effectively take into account changes to subscription and unsubscription to commercial emails sent by him as soon as possible depending on the necessary processing.

The Philanthropist can also offer his Visitors or Customers the opportunity to receive promotional offers from his partners. The Philanthropist may, for commercial purposes, transmit to commercial partners the identity and contact details of its Users or Clients, only to the extent that they have accepted the disclosure of their personal data.

The Philanthropist uses data collection systems such as cookies. The cookie is a computer file stored on the hard drive of the user's computer. Cookies make it possible to report a previous visit by the user to the site and to link the user to their personal data left on the site, in particular in the context of identifying the order basket.

The Philanthropist informs his Clients that the processing of this nominative and/or personal information has been declared to the CNIL under number 1309937 of July 31, 2008.

 

ARTICLE 14. INTELLECTUAL PROPERTY

The entire content (texts, comments, works, illustrations, images, videos, graphics, sound, etc. including the underlying technologies used) displayed on this site is reserved under copyright as well as under intellectual property and for the whole world. As such and in accordance with the provisions of the Intellectual Property Code, only use for private use is authorized, subject to different or even more restrictive provisions of the intellectual property code. Any other use constitutes counterfeiting and is punishable under Intellectual Property law without prior authorization from the Philanthropist. Any total or partial reproduction of the Le Philanthrope company catalog is strictly prohibited.

Any person with an Internet site wishing to place a simple link on their site directly to the lephilanthrope.com site must request authorization from the Philanthrope. An authorization given by Le Philanthrope will in no case constitute an implicit agreement of affiliation and will in no case be given definitively. At the simple request of the Philanthropist, this link must be removed.

 

ARTICLE 15. ENTIRE CONDITIONS

A change in legislation, regulations or a court decision rendering one or more clauses of these General Conditions of Sale null and void cannot affect the validity of these General Conditions of Sale. Such a change or observation could in no case allow the Customer not to respect these General Conditions of Sale.

If a condition was not explicitly mentioned, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

Relations between the company Le Philanthrope and the Client are governed exclusively by these conditions to the exclusion of any other conditions appearing on the site lephilanthrope.com.

 

ARTICLE 16. DURATION AND APPLICATION

These Conditions apply for the entire duration of the online availability of the services offered by the company Le Philanthrope. They can be modified at any time by Le Philanthrope. The applicable Conditions are those in force on the date the order is registered.

 

ARTICLE 17. TERRITORIALITY AND APPLICABLE LAW

Sales of products from Le Philanthrope are subject to French law. In the case of a particular Client, any dispute relating to the existence, interpretation, execution or breach of the contract concluded between The Philanthropist and the Client, even in the event of multiple defendants, will, in the absence of amicable agreement, under the exclusive jurisdiction of the court of the Customer's domicile. In the case of a professional Client, any dispute relating to the existence, interpretation, execution or breach of the contract concluded between the Philanthropist and the Client, even in the event of multiple defendants, will, in the absence of amicable agreement, under the exclusive jurisdiction of the courts of Paris.