Terms & Conditions

Terms & Conditions

Terms of use

 

This website is operated by La Deuxième Chance. On this site, the terms "we", "us" and "our" refer to La Deuxième Chance. La Deuxième Chance provides this website, including all the information, tools and services available to you, the user, subject to your acceptance of all the terms, conditions, policies and notices set out herein.

By visiting this site and/or purchasing one of our products, you agree to be bound by the following terms and conditions ("General Terms and Conditions of Sale”, “General Terms and Conditions of Sale and Use”, “Conditions"), including the additional terms, conditions and policies referred to herein and/or accessible by hyperlink.

These Terms and Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, who are sellers, customers, merchants, and/or content contributors.

Please read these General Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Sale and Use.

If you do not agree to all the terms and conditions of this agreement, then you should not access the website or use the services offered on it. If these General Terms and Conditions of Sale and Use are considered as an offer, acceptance is expressly limited to these General Terms and Conditions of Sale and Use.

All new features and tools that will be added later to this shop will also be subject to these Terms and Conditions of Sale and Use. You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these General Terms and Conditions of Sale and Use by posting updates and/or modifications on our website. It is your responsibility to check this page regularly to see if any changes have been made. Your continued use of or access to the website after any changes are posted constitutes your acceptance of those changes.

These general terms and conditions of sale are intended to define the rights and obligations of La Deuxième Chance and the customer of products presented by "La Deuxieme chance" on its website www.ladeuxiemechance.com.They apply exclusively between: Richard Newell for "La Deuxieme Chance" registered under siret                          number 499 102 135 00039,                                                                         whose registered office is located at 7 rue de la Croix Cholette, 79120, Bois de Messé, France (hereinafter referred to as "La Deuxieme Chance") and any consumer who is a natural person visiting or making a purchase via the said site (hereinafter referred to as "the Customer").

On the site, "la Deuxième Chance" allows the Customer to order products online according to these general conditions. Any order placed with "La Deuxième Chance" therefore implies the Customer's unreserved acceptance of these conditions. These general conditions may be modified at any time and without notice by La Deuxième Chance, the applicable conditions being those in force on the date of the order by the Customer.

 

Terms and conditions of sale

CHARACTERISTICS OF THE GOODS

The products available for sale are those that are shown online on the "La Deuxième Chance" website. We have done our best to display as clearly as possible the colours and images of our products that appear on our shop. We cannot guarantee that the display of colours on your computer screen will be accurate. The photographs illustrating the products are for guidance and are not contractual. If errors occur, in no event will “La Deuxième Chance " be liable.

 All product descriptions and prices may be changed at any time without prior notice, at our sole discretion. We reserve the right to stop the sale of a product at any time. We do not guarantee that the quality of all products, information, or any other merchandise you have obtained or purchased will meet your expectations. We recommend that clients contact us directly if they are unsure of any information provided.

ACCURACY OF INVOICING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed on the site "la Deuxième Chance". In the event that we are obliged to cancel an order, you will be notified by one of the following means: e-mail, telephone, sms, mail (billing address) according to the information provided at the time the order was placed. You agree to provide up-to-date, complete and accurate order and account information for all orders placed on our shop website. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary. For more details, please consult our Return Policy.

 

PERSONAL INFORMATION

The submission of your personal information to our store is governed by our Privacy Policy.

 

ERRORS, INACCURACIES AND OMISSIONS

There may be information on our site that contains typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping costs, delivery times and availability. We reserve the right to correct any error, inaccuracy, omission, and to change or update information or cancel orders, if any information is inaccurate, at any time and without notice (including after you have placed your order).

PROHIBITED USES

In addition to the prohibitions set forth in the General Terms and Conditions of Sale and Use, you are prohibited from using the Site or its content: (a) for unlawful purposes; (b) to induce or participate in unlawful acts by third parties; (c) to violate any regional order or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, injure, defame, slander, denigrate, intimidate or discriminate against anyone on the basis of sex, sexual orientation, religion, ethnic origin, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in a manner that compromises the functionality or operation of the Service or any associated, independent, or Internet website; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extract information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to breach or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating prohibited uses.

TERMINATION

Obligations and liabilities incurred by the parties prior to the termination date will remain in effect after the termination of this agreement for all purposes. These General Terms and Conditions of Sale and Use are effective unless and until terminated by either you or not. You may terminate these Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site. If we determine, in our sole discretion, that you are failing, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions, we may also terminate this agreement at any time without giving you prior notice and you will remain liable for all amounts due up to and including the termination date, and/or we may refuse you access to our Services (or any part thereof).

ENTIRE AGREEMENT

Any failure by us to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision. These Terms and Conditions of Sale and Use or any other policies or operating rules that we publish on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior version of the Terms and Conditions of Sale and Use).

Any ambiguity as to the interpretation of these General Terms and Conditions of Sale and Use shall not be interpreted to the disadvantage of the drafting party.

APPLICABLE LAW

These General Terms and Conditions of Sale and Use, as well as any other separate agreements through which we provide Services to you, shall be governed by and construed in accordance with the laws in force at 7 rue de la Croix Cholette,79120,Bois de Messé, France.

MODIFICATIONS TO THE GENERAL CONDITIONS OF SALE AND USE

You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page. We reserve the right, at our sole discretion, to update, modify or replace any part of these General Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site after the publication of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of such changes.

 

CONTACT DETAILS

Questions regarding the General Terms and Conditions of Sale and Use should be sent to admin@ladeuxiemechance.com.

 Ordering information - The buyer, who wishes to buy a product must necessarily: -fill in the identification form on which he will indicate all the requested contact details or give his customer number if he has one, - fill in the online order form giving all the references of the products, - validate his order after checking it, - make the payment under the conditions provided for, - confirm his order and payment. The confirmation of the order implies acceptance of these terms and conditions of sale, recognition of having full knowledge of them and waiver of the right to invoke its own terms and conditions of purchase or other conditions.

All the data provided and the recorded confirmation will be worth proof of the transaction. Confirmation shall constitute acceptance of the operations carried out. The seller will communicate by email confirmation of the contract offer. No exchange or return will be made in case of error by the buyer from the moment the package is delivered to the Post Office or the main carrier.

 

PAYMENT TERMS

Payment is due at the time of order. Any order implies acceptance of the prices and description of the products available for sale.

 

METHODS OF PAYMENT ON THE SITE "La Deuxième Chance" : - Credit Card (secure payment) - Cheque -Bank transfer to the "shop" account IBAN SWIFT

Any order paid by cheque or bank transfer will only be processed upon receipt of payment. The subscription of a possible contractual guarantee does not prevent the application of the legal provisions relating to the legal guarantee of conformity, as set out in Articles L211-4 et seq. of the Consumer Code, and the guarantee against hidden defects, as set out in Articles 1641 to 1648 of the Civil Code, hereinafter reproduced: Article L211-4 of the Consumer Code The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility. Article L211-5 of the Consumer Code To be in conformity with the contract, the property must: 1) Be suitable for the use usually expected of a similar asset and, if applicable: - correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; have the qualities that a buyer can legitimately expect in respect of public statements made by the seller, producer or his representative, in particular in advertising or labelling;  or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. Article L211-12 of the Consumer Code The action resulting from the lack of conformity is time-barred after 2 years from the delivery of the goods. Article 1641 of the Civil Code The seller is bound by the warranty for hidden defects in the item sold that make it unfit for the use for which it is intended, or that reduce this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them. Article 1648 paragraph 1 of the Civil Code the action resulting from the fundamental defects must be brought by the buyer within 2 years of the discovery of the defect. In the event of non-compliance of a product sold, it may be returned to the seller who will take it back, exchange it or refund it.

All complaints, exchange or refund requests must be made by email to the following address: admin@ladeuxiemechance.com within thirty days of delivery.

 

LIABILITY

The seller, in the online sales process, is bound by an obligation of result. However, it cannot be held liable for any damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, service disruption, or other unintentional problems.

 

Intellectual Property

All elements of the "La Deuxième Chance" website are and will remain the exclusive intellectual property of "La Deuxième Chance". No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the site, whether software, visual or sound. Any simple or hypertext link is strictly prohibited without the express written consent of "La Deuxième Chance".

Archiving - Proof

"La Deuxième Chance" will archive purchase orders and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of article 1348 of the Civil Code.

 

Dispute resolution

These online sales conditions are subject to French law. In the event of a dispute, jurisdiction is conferred on the competent courts, notwithstanding multiple defendants or warranty claims. Any contrary condition by the purchaser will, in the absence of express acceptance, will be deemed unenforceable to the seller regardless of when it may have been brought to its attention. The price mentioned on the order form is understood to be including taxes. TVA is not applicable, according to Article 293B of the CGI.

For deliveries outside of mainland France the price does not include taxes in the destination country. Shipping costs are charged according to the tariff quoted on the order form. They include packaging, and are calculated according to weight accumulated for each item.