GENERAL TERMS AND CONDITIONS OF SALE OF THE JOHNLOBB.COM   WEBSITE EUROPE (OUTSIDE THE UNITED KINGDOM) - OCTOBER 2013

 

General terms and conditions of sale of the Johnlobb.com website

The purchase of any products offered on Johnlobb.com website is subject to the present Terms and Conditions ("Terms and Conditions of Sale").

Orders may only be placed on the Johnlobb.com website by individual consumers and corporations purchasing goods other than for resale. Any resale or distribution of John Lobb products purchased on Johnlobb.com website is strictly prohibited.

JOHN LOBB SAS may update these Terms and Conditions of Sale at any time. You can access the most current version of the General Conditions of Sale at any time by contacting our Customer Services Department.

For each order on Johnlobb.com website, your acceptance of the current Terms and Conditions of Sale in force at the date of the order will be requested.

 

Terms of Ordering

The Johnlobb.com website may be used to order a selection of John Lobb products from JOHN LOBB SAS, directly online via the Internet for delivery to the metropolitan France including Corsica, Monaco, Germany, Belgium, the Netherlands (excluding the Netherlands Antilles and Aruba), Luxembourg, Spain (excluding the Canary Islands, Ceuta and Melilla), Italy, Ireland and Austria (see "Delivery Zone"). 

You may also place your order by phone at +33 1 45 44 95 77 from Monday to Friday, from 10.30 a.m. to 6.30 p.m, excluding public holidays.  

For any special unusual orders, please contact our Customer Services Department.

 

Availability

Products and prices are valid as seen on the Johnlobb.com website, subject to availability. Exceptionally, errors or amendments may be made, especially in cases of simultaneous orders of the same product by several customers. If a product is unavailable after ordering, you will be informed by e-mail or by phone as soon as possible. You will then be able to order an alternative from the Johnlobb.com website or cancel your order.

If you choose to cancel your order, you will be immediately refunded if your charge debit or credit card has been debited.

JOHN LOBB SAS shall not liable for a lack of stock or the unavailability of products.

JOHN LOBB SAS reserves the right to change at any time and without any previous notice the items proposed on the Johnlobb.com website.

 

In order to ensure better service quality and greater availability of our products for all clients of the Site Johnlobb.com, JOHN LOBB SAS reserves the right to limit the number of products which can be purchased by a client, in accordance with the provisions applicable to this effect and, in particular, those contained in Article L122-1 of the French Consumer Code.

 

Order Finalisation

You may at any time:

- Add John Lobb products to your selection by clicking on " Add to bag ",

- View the selected John Lobb products by clicking on " My bag ",

By clicking on " My bag ", a summary page will be displayed automatically featuring for each product selected on the Johnlobb.com website, a photograph of the item, its colouring and references, the quantity selected, its unit price and the total amount for your order. You should check that this information accurately reflects your selection before confirming your order.  

While every effort is taken to try to ensure that the colouring, design and style of the John Lobb products in the photographs displayed on the Johnlobb.com website are representative of the original products, variations may occur due to the technical restrictions of colour reproduction on your computer equipment. Accordingly, JOHN LOBB SAS shall not be liable for any error or inaccuracy in the photographs or graphical representations of John Lobb products displayed on the Johnlobb.com website. If you have any questions about the products, you may of course contact our Customer Service Department.

At the end of the ordering procedure, you are invited to click on " Proceed to checkout ". When clicking on this button, you will be asked to accept these General Terms and Conditions of Sale and Use and the Privacy Policy of the Johnlobb.com website in full. When finished, your order is transmitted to JOHN LOBB SAS for processing. You may only modify or cancel your order by contacting the Customer Services Department by phone at +33 (0)1 45 44 95 77.

JOHN LOBB SAS, reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or if JOHN LOBB SAS has reasonable cause to suspect that such customer has violated these Terms and Conditions, or is engaged in any fraudulent or criminal activity or on any other legitimate grounds.

You will receive an order summary by e-mail. The acknowledgement of receipt shall mention the description of the John Lobb products selected, the quantity, the price and the shipping cost. You can create an account in order to save your invoicing and delivery information for future orders. You will be asked to create your own password for subsequent use of the account.

For every order via Internet, you must provide complete and accurate information during the ordering procedure. The information requested shall include: title, surname, first name, phone number, e-mail address, delivery and invoicing address.

Under your own liability, you shall keep your login information confidential and never communicate it to third parties. Accordingly, any purchase made using the login information is presumed to be done by you as the owner of the login information. If your password is lost, stolen or used fraudulently, you must inform John Lobb immediately.

You may deactivate your account by sending an e-mail to the Customer Services Department at any time. After deactivating your account, you are free to create a new one at your convenience.

Any data recorded by the Johnlobb.com website will establish proof of transactions operated between JOHN LOBB SAS and its customers. In the event of a dispute between JOHN LOBB SAS and one of its customers about a transaction made on the Johnlobb.com website, the data recorded by JOHN LOBB SAS will be considered as irrefutable proof of the content of the transaction.

In accordance with article L. 134-2 of the Consumer Code, when an order concerns an amount equal to or greater than 120 Euros, JOHN LOBB SAS shall retain the document that embodies the contract concluded between JOHN LOBB SAS and a customer electronically for a period starting from the conclusion of the contract until the date of delivery of the product and for a period of ten years from this date (in accordance with decree 2005-137 of 16 February 2005). You shall have access to this document at any time upon request to our Customer Services Department and proof of your identity.

 

Price - Payment

The prices of John Lobb products are in EUROS, inclusive of taxes. Except for cases of reimbursement stated hereinafter (see “Returns – Exchange – Refunds”), JOHN LOBB SAS will not reimburse the VAT applied on the purchases made on the Johnlobb.com website (in particular in the event where the buyer, after reception, re-export the John Lobb products to a third country of the European Union). The final amount of your order includes the delivery fee (see "Shipping and delivery").

JOHN LOBB SAS reserves the rights to amend at any time and without any previous notice the prices of the products on the Johnlobb.com website. The invoicing of the products is based on a price list posted on the Johnlobb.com website at the time of the order, subject to the availability of the products ordered at this time.

Any order placed on the Johnlobb.com website has to be paid for immediately at the time of ordering.  All orders are payable in euros. We only accept payment by credit or debit card. We accept payment by Mastercard®, Visa® and American Express®. You cannot use customer credit offered by the John Lobb stores or the gift cards issued from the John Lobb stores for purchasing items on the Johnlobb.com website.

Your debit or charge credit card will have been debited by the time the goods are dispatched. If any of the ordered items are unavailable (see "Availability"), only the price and the delivery cost of the available products will be debited.

 

Title Retention

The products ordered remain the property of JOHN LOBB SAS as legal and equitable owner and no property in or title to the ordered products shall pass to the customer until full payment for the products has been received by JOHN LOBB SAS.

However, you assume the risks (in particular the loss, theft or damage) relating to the delivered products from the date of the delivery.

 

Delivery zone

Goods purchased via the Johnlobb.com website may be delivered within the metropolitan France including Corsica, Monaco, Germany, Belgium, the Netherlands (excluding the Netherlands Antilles and Aruba), Luxembourg, Spain (excluding the Canary Islands), Italy, Ireland, and Austria.

Orders cannot be placed for delivery addresses situated outside this territory.  For security reasons, JOHN LOBB SAS will not process any orders for which a General Delivery address, a PO Box or a CEDEX ("special business mail") address is provided.

Goods will be shipped to the delivery address(es) specified during ordering.

 

Shipping costs

Goods will be delivered using express courier and there is a fixed fee delivery cost of 20€ for each order payable in addition to the cost of the Goods.

 

Time required for delivery

During the ordering procedure, we will inform you of the time required for delivery.

Delivery to France and Monaco:

All orders placed before 2 p.m. on a business day will be delivered within 2 business days following your order. All orders placed after 2 p.m. on a business day shall be delivered within 3 business days following your order.

Delivery to Corsica Island: 3 business days following your order.

Delivery to Germany, Belgium, Luxembourg, the Netherlands, Spain, Italy, Ireland and Austria:

All orders placed before 2 p.m. on a business day will be delivered within 3 business days following your order. All orders placed after 2 p.m. on a business day shall be delivered within 4 business days following your order.

Subject to section “Events Beyond our Control ”, we aim to deliver your Goods in accordance with this delivery timing, but please wait up to eight (8) business days to avoid disappointment.  Sometimes circumstances may prevent us from delivering Goods on time and sometimes the geographical location and courier availability can restrict delivery service.  We will do our best to inform you in advance where this is the case.

JOHN LOBB SAS reserves the right to divide your order into several shipments. Your credit card shall then be charged accordingly to correspond to the price of products actually shipped. The shipping costs shall only be charged for a single shipment in accordance with the information contained in your order summary.

 

Delivery problems

A failure to deliver or late delivery of the goods exceeding eight (8) business days should be reported to our Customer Services Department as soon as possible. In order for your claim to be accepted, please notify us of the delay within a maximum of fifteen (15) calendar days from the date of confirmation of your order.

You should check that your shipment is correct on delivery. If there are any discrepancies or problems with your order when the products are delivered to you, you should note the nature of the discrepancy or problem (e.g., open package, damaged goods, etc.) on the delivery note, and sign it. You should then contact the Customer Services Department.

If the goods do not conform to your order or you are not satisfied with them, you may return them for an exchange or request a refund according to the terms and conditions contained in the section entitled "Returns - Exchange - Refunds".

 

Returns - Exchange - Refunds

To Johnlobb.com

You are entitled to exercise your withdrawal rights by returning any product ordered via the Johnlobb.com website within the fifteen (15) calendar days following the date of delivery, subject to the following terms and conditions: items must be returned in their original condition and with their original packaging complete with any related accessories to the following address: 226, boulevard Saint Germain 75007 Paris, France. You must enclose the original receipt with your returns or a copy if you are returning part of your order.

However, a product ordered on the Johnlobb.com website, which has been the subject of a personalized marking at your request, cannot be returned for exchange or reimbursement.

We do not issue refunds, even in part, if the item you wish to return was received by you as a gift.

We do not currently exchange or allow refunds for goods purchased in John Lobb stores via the Johnlobb.com website.

 In case of an exchange:

- If the amount of the product(s) selected in replacement is greater than the amount of the product(s) returned, you will have to pay the price difference in accordance with these Terms and Conditions.

- If the amount of the product selected in replacement is less than the amount of the product returned, the price difference will be refunded by JOHN LOBB SAS in accordance with these Terms and Conditions of Sale, except for a gift order.

- If you exchange goods, the shipping costs for the first delivery will be refunded. However, you will be charged for the shipping costs of the second delivery.

In case of a refund:

- You are entitled to return any ordered product on the Johnlobb.com website within fifteen (15) calendar days from the delivery date. The products have to be return in accordance with the previous paragraphs and JOHN LOBB SAS will use commercially reasonable efforts to ensure that any refund will be made within fifteen (15) business days following the receipt of the goods returned by crediting your credit card. Reimbursement will in any event occur no later than thirty (30) days after notification of your right of withdrawal.

- Under no circumstances will it be possible to grant you an electronic credit usable on the Johnlobb.com website, nor will the website issue a store credit for use in a John Lobb store.

- We do not issue refunds, even in part, if the item you wish to return was received by you as a gift.

- In case of a claim made under the right of withdrawal, the shipping costs charged by John Lobb will be refunded in full. 

In the event of an exchange or refund, the shipping costs incurred in returning any replacement goods to you will be refunded if you were justified in returning the goods because they were not as ordered (e.g. product reference error, damaged goods, etc.).

JOHN LOBB SAS has sole discretion in determining whether the products are in original condition when returned to Johnlobb.com website.

JOHN LOBB SAS will not be responsible or liable if any item you wish to return to the Johnlobb.com website is lost, misdirected or delivered late insofar as you have to bear the risks of the shipping you have chosen. 

To John Lobb stores

Any John Lobb product purchased (or received as a gift) from Johnlobb.com (with the exception of a product which has been the subject of a personalized marking at your request) may also be exchanged for a different product or for a store credit in a number of John Lobb stores within fifteen (15) calendar days following the date of delivery, subject to the following terms and conditions:

-          Returns must be in their original condition and with their original packaging

-          You must provide the original receipt along with your returns, or a copy of the receipt if you are returning part of your order. A list of John Lobb stores offering exchange can be found by clicking on the hyperlink labelled "Stores".

-          The shipping costs of the delivery of a product purchased on the Johnlobb.com website will not be refunded when you send back or (for exchange or store credit) the product to a John Lobb store.

John Lobb stores do not offer refunds on any goods purchased on the Johnlobb.com website. Under no circumstances will it be possible to credit your credit card.

In order to ask for refund for a product purchased on Johnlobb.com website by exercising your cancellation rights, you have to follow the previous procedure entitled "To Johnlobb.com".

 

Legal warranties

The products sold on the site Johnlobb.com are subject to terms of legal warranties provided for in Articles L 211-4, L 211-5 and L 211-12 of the French Consumer Code and in articles 1641 and 1648 du of the French Civil Code:

Art. 1641 Civil Code

A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.

Art. 1648 Civil Code

The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice.).

In the case provided for in Article 1642-1, the action must be brought, under pain of being time-barred, within the year following the date on which the seller may be discharged from patent defects.

Art. L211-4 of the Consumer Code

The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.

It is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.

Art. L211-5 of the Consumer Code

To conform to the contract, the product must:

1. Be suitable for the purpose usually associated with such a product and, if applicable:

- Correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;

- Have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;

2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to. 

Article L211-12 of the Consumer Code

Action resulting from lack of conformity lapses two years after delivery of the product.

 

Limitation of Liability

JOHN LOBB SAS shall not be liable for any indirect, incidental special or consequential damages, including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use the Johnlobb.com website.

 

Events beyond our control

We will not be liable for any breach of our obligations in any circumstances where our failure to perform our obligations is caused in whole or in part by your failure to perform any of your obligations under these terms of sale, including but not limited to any failure or delay in making payment or accepting delivery.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms of sale that is caused by events outside our reasonable control, such as strikes, lock-outs or other industrial action; terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or impossibility of the use of public or private transport. We will notify you as soon as we can, if any such event arises, and our obligations under these terms of sale will be suspended for the period that the event continues. We will take reasonable steps to bring any such event to a close or to find a means of performing our obligations despite the occurrence of the relevant event.

 

Law - Disputes

These General Terms and Conditions of Sale shall be governed by and construed in accordance with French law without consideration of the principle of conflict of laws. These General Terms and Conditions of Sale do not obstruct compliance by the Johnlobb.com website of public policy provisions of regulations of a European Union country from which the customer has ordered subject to him/her being legally domiciled there. The language of these Terms and Conditions of Sale is English.

In the event of a discrepancy between the General Terms and Conditions of Sale in English and the General Terms and Conditions of Sale in French, the latter shall prevail.

In the event of dispute, in accordance with the provisions of Regulation No. 44/2001 of 22 December 2000:

        - The client can either seize the courts where the client is domiciled, or the French courts,

        - JOHN LOBB SAS may seize the courts where the client is domiciled.

 

JOHN LOBB SAS reserves the right to seek and obtain injunctive or other equitable relief to protect its rights hereunder.

 

 

GENERAL TERMS AND CONDITIONS OF USE OF THE JOHNLOBB.COM   WEBSITE EUROPE (OUTSIDE THE UNITED KINGDOM) - OCTOBER 2013

 

The Johnlobb.com website is operated by the JOHN LOBB SAS.

The use of the Johnlobb.com website and the purchase of any products offered on the Johnlobb.com website are subject to the present terms and conditions ("Terms and Conditions of Use"). The use of the Johnlobb.com website constitutes your agreement to comply with, and be bound by, these Terms and Conditions of Use and your consent to the Privacy Policy for the Johnlobb.com website (see "Security and Personal Data").

JOHN LOBB SAS may update these Terms and Conditions of Use and the Privacy Policy at any time. By continuing to use the Johnlobb.com website following any such change, you agree to comply with and be bound by the Terms and Conditions of Use and consent to the Privacy Policy, each as modified. You can view the most current version of the Terms and Conditions of Use or of the Privacy Policy at any time by clicking on this section.

 

Security and Personal Data

The Johnlobb.com Privacy Policy (see "Privacy Policy") governs the use of any personal information that you agree to provide to JOHN LOBB SAS on this website. JOHN LOBB SAS may modify or amend the Privacy Policy at any time.

The Johnlobb.com website is not intended for use by minors.

 

Intellectual Property

All material on the Johnlobb.com website (drawings, designs, illustrations, photographs, sound tracks, written text, logos, trademarks...) are the exclusive property of JOHN LOBB SAS. You may not reproduce, by any means or process (except as expressly provided herein), totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on the Johnlobb.com website.

The ”John Lobb” trademark, and all other John Lobb related marks and logos, whether or not registered, displayed on the site, as well as the domain name "Johnlobb.com," are and will remain the exclusive property of JOHN LOBB SAS. Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose without prior, express agreement of JOHN LOBB SAS is prohibited.

You may not remove any copyright, trademark or other proprietary notice contained on the Johnlobb.com website or any content contained therein. You may make a single copy of web pages published on the site for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained therein.

 

Linking

The Johnlobb.com website may contain links to third party websites not under the operation or control of JOHN LOBB SAS. Such links are provided as a convenience only and cannot, and should not be interpreted as, an express or implied endorsement of such third party websites or any products or services offered thereon. You may only provide a link to the John Lobb website if expressly authorized in writing by JOHN LOBB SAS.

 

Limitation of Liability

JOHN LOBB SAS shall not be liable to you or any third party for any indirect, incidental special or consequential damages, including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use the Johnlobb.com website, even if JOHN LOBB SAS has been advised of the possibility of such damages.

 

Disclaimer

JOHN LOBB SAS does not guarantee or represent that:

- The Johnlobb.com website is free from viruses, worms, trojan horses or other destructive material;

- The information contained on the Johnlobb.com website is accurate, complete or up to date;

- The Johnlobb.com website may contain technical inaccuracies or other defects and JOHN LOBB SAS does not guarantee that any such defects will be corrected. The Johnlobb.com website and its contents are provided on an "as is" and "as available" basis.

JOHN LOBB SAS expressly disclaim all warranties of any kind, whether express or implied, including without limitation, the implied warranties of compliance appropriation of Johnlobb.com website or of its contents intended to a usual use or a specific use, of its quality or lack of infringement to ordinary statement from them.

 

Governing law and Jurisdiction

These General Terms and Conditions of Use shall be governed by and construed in accordance with French law without consideration of the principle of conflict of laws. The language of these Terms and Conditions of Use is English. In the event of a discrepancy between the General Terms and Conditions of Use in English and the General Terms and Conditions of Use in French, the latter shall prevail.

In the event of dispute, in accordance with the provisions of Regulation No. 44/2001 of 22 December 2000:

        - The client can either seize the courts where the client is domiciled, or the French courts,

        - JOHN LOBB SAS may seize the courts where the client is domiciled.

JOHN LOBB SAS reserves the right to seek and obtain injunctive or other equitable relief to protect its rights hereunder.