Terms and Conditions
TERMS AND CONDITIONS
General terms and conditions of sale of the johnlobb.com Europe website (outside the United Kingdom) - March 2015
General terms and conditions of sale of the www.johnlobb.com website
IDENTIFICATION OF THE SELLER
These General Terms and Conditions of Sale are those of the John Lobb company (hereinafter referred to as JOHN LOBB SAS), a French simplified joint stock company (société par actions simplifiées) with share capital of €3,773,590, whose head office is located at 23 Rue Boissy d'Anglas, 75008 Paris, France, registered in the Paris Trade and Companies Register. Its SIRET number is 582 094 371 000. Its phone number is +33(0)1 43 47 58 14.
SCOPE AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE
The purchase of any products offered on the www.johnlobb.com website (hereinafter the "Website") is subject to these terms and conditions of sale on the website ("General Terms and Conditions of Sale").
The Products are exclusively intended to be sold to end consumers, whether natural or legal persons, to the exclusion of any resellers or intermediaries working on behalf of resellers. Any resale or distribution of Products purchased on the Website is strictly prohibited.
JOHN LOBB SAS may update these General Terms and Conditions of Sale at any time. You can access the most current version of the General Terms and Conditions of Sale at any time by contacting our Customer Services Department. The General Terms and Conditions of Sale in force at the time the contract is concluded are those which are legally binding on you.
In addition, for each order placed on the Website, your acceptance will be requested of the current General Terms and Conditions of Sale in force at the date of the order. These General Terms and Conditions of Sale can be viewed before and during the time when you are requested to confirm your acceptance. To materialise your acceptance, you must click on the box marked "I accept the General Terms and Conditions of Sale".
TERMS OF ORDERING
The Website may be used to order a selection of John Lobb branded products (hereinafter referred to as the "Products") from JOHN LOBB SAS, directly online via the internet for delivery to the metropolitan France area (including Corsica), to Monaco, Germany, Belgium, Luxembourg, the Netherlands (excluding the Dutch West Indies and Aruba), Spain (excluding the Canary Islands), Italy, Ireland and Austria (see the "DELIVERY ZONE" article below).
You may also place your order by phone at +33 (0)1 45 44 95 77 Monday to Friday (excluding French public holidays) from 10.30 a.m. to 6 p.m.
For any special unusual orders, please contact our Customer Services Department.
AVAILABILITY OF PRODUCTS
Product and price offers as seen on the Website, are valid, subject to availability. Exceptionally, there may be errors or modifications, especially in cases of simultaneous orders of a same Product by several customers. If a product is unavailable after you have placed your order, you will be informed by e-mail or by phone as soon as possible. You will then be able to order an alternative product from the Website to replace it or cancel your order. If you choose to cancel your order, you will be immediately refunded if your bank account has been debited.
JOHN LOBB SAS shall not liable for stock outages or the unavailability of products for orders not yet accepted by JOHN LOBB SAS.
JOHN LOBB SAS reserves the right to change the Products offered on the Site at any time and without prior notice.
In order to ensure better quality service and greater availability of our Products for all the Website's customers, JOHN LOBB SAS reserves the right to limit the number of products which can be purchased by a customer, in accordance with the provisions applicable to this effect and, in particular, those in Article L.122-1 of the French Consumer Code (Code de la Consommation).
You may at any time:
- Add Products to your selection by clicking on "Add to basket",
- View the selected Products by clicking on "My basket",
When you click on "My basket", a summary page is automatically displayed featuring for each product selected on the Website a photograph of the item, its colour 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 made to try to ensure that the colour, design and style of the Products in the photos displayed on the Site correspond to the original Products, variations may occur due to the technical restrictions of colour rendering on your computer equipment. Accordingly, JOHN LOBB SAS shall not be liable for any error or inaccuracy in the photographs or graphical representations of Products displayed on the Website. If you have any questions about the Products, you may of course contact our Customer Service Department.
When finished, your order is transmitted to JOHN LOBB SAS for processing.
JOHN LOBB SAS reserves the right not to accept an order placed by a customer with whom it has a dispute concerning a prior order, or if JOHN LOBB SAS reasonably considers that the customer has violated these General Terms and Conditions or is engaged in any fraudulent activity, or on any other legitimate ground.
You will receive an order summary by e-mail. The acknowledgement of receipt will mention the description of the Products selected, the quantity, the total amount of the order as well as information on delivery cost and time.
For every order placed via the Website, it is implied that you provide complete and accurate information during the ordering procedure. The information requested will include: title, surname, first names, phone number, e-mail address, delivery and invoicing address.
You can create an account to save invoicing and delivery information for your next order. You will be asked to create your own password to use it later in this account.
You undertake, under your responsibility, to keep your login information confidential and never to communicate it to third parties. Accordingly, any purchase made using the login information will be presumed to be made by you as the owner of the login information. If your password is lost, stolen or used fraudulently, you undertake to inform immediately the Customer Services Department of JOHN LOBB SAS.
You may have your account deactivated at any time by sending an e-mail to the Customer Services Department. After the deactivating of your account, you are free to create a new one at any time.
Any data recorded by the Site 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 Website, the data recorded by JOHN LOBB SAS shall be considered to be valid 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, JOHN LOBB SAS shall retain the document that embodies the contract concluded electronically between JOHN LOBB SAS and a customer for a period starting from the conclusion of the contract until the date of delivery of the item and for a period of ten years from this date (in accordance with decree 2005-137 of 16 February 2005). You will have access to this document at any time upon request to our Customer Services Department.
PRICE - ACCEPTED MEANS OF PAYMENT
The prices of Products are in euros, inclusive of taxes. Except for cases of refunds made (i) as part of the exercise of the cooling-off right or (ii) on account of lack of conformity and hidden defects, JOHN LOBB SAS will not refund the VAT applied on the purchases made on the Website (even if the purchaser, after receipt, re-ships the Products to a non EU country).
The final amount of your order includes the delivery expenses (see "TRANSPORT EXPENSES").
JOHN LOBB SAS reserves the right to modify at any time and without any previous notice the prices of the products on the Website. Invoicing of the Products is based on a price list posted on the Website at the time of the order placement, subject to the availability of the Products ordered at that time.
Any order placed on the Website must be paid for immediately at the time of ordering. We accept payment only by bank card. You may not use customer credits from John Lobb stores or the gift cards issued by John Lobb stores to purchase the Products offered on the Site.
All orders are payable in euros. We accept payment by Mastercard®, Visa® and American Express®. Your order will be shipped only once your means of payment has been checked and authorisation has been received to debit your card.
Your bank card or credit card will be debited only when the goods are actually dispatched. If any of the ordered Products are unavailable (see "Availability" below), only the transport price and expenses of the available Products will be debited.
RETENTION OF OWNERSHIP
All products ordered remain the property of JOHN LOBB SAS until full payment for the products has been received by JOHN LOBB SAS.
However, you assume all risks (in particular of loss, theft or damage) regarding the delivered Products from the time they are delivered to the address indicated when the order was made.
Goods purchased via the Website may be delivered only within the metropolitan France area (including Corsica), Monaco, Germany, Belgium, Luxembourg, the Netherlands (excluding the Dutch West Indies and Aruba), Spain (excluding the Canary Islands), Italy, Ireland, and Austria (hereinafter referred to as the "Delivery Zone".)
Orders may not be placed for delivery addresses located outside the Delivery Zone.
For security reasons in particular, JOHN LOBB SAS will not process any orders for which a General Delivery address, a P.O. Box or a CEDEX ("special business mail") address is provided.
Goods will be shipped to the delivery address(es) specified during ordering.
Goods will be delivered using the UPS Express Saver parcel service at a fixed rate of €20 for each order, payable in addition to the price of the Products.
During the ordering procedure, we will inform you of the shipping time for the Products purchased and the chosen country of delivery.
Delivery to France and Monaco: All orders placed before 2 p.m. on a business day will be delivered within two (2) business days following your order. All orders placed after 2 p.m. on a business day shall be delivered within two (2) or three (3) business days following your order.
Delivery to Corsica: three (3) or four (4) 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 three (3) business days following your order. All orders placed after 2 p.m. on a business day will be delivered within three (3) to four (4) business days following your order.
Subject to the article “EVENTS BEYOND OUR CONTROL”, we shall deliver your Products in accordance with the above delivery times, but these times could be extended by up to eight (8) business days at most. Sometimes delayed deliveries can be due to (i) the geographical location of the delivery address and (ii) the availability of UPS express 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 up deliveries. The debiting of your credit card will then be divided up in such a way as to correspond to the price of Products actually delivered. Transport expenses will be charged only for a single shipment in accordance with the information contained in your order summary.
Any failure to deliver or late delivery beyond than the times mentioned in the "DELIVERY TIMES" article should be reported to our Customer Services Department as soon as possible. Any claim made more than fourteen (14) calendar days from the date of validation of your order shall be accepted.
In the event of non-compliance with the delivery time, you can cancel the order just by e-mail or registered letter to the following address: JOHN LOBB, 226 Boulevard Saint-Germain, 75007 Paris, France. JOHN LOBB SAS shall then have to refund you in full for all sums paid, no later than fourteen (14) days following the date on which you cancelled the sale contract. However, if you should still receive the Product after having used this option, you must return it according to the return procedure described in the article "RETURNS - EXCHANGES - REFUNDS" below.
You should check the compliance of Products upon delivery and, if possible, write out your reservations in handwriting relating to any anomalies you noted (e.g., open package, damaged goods, etc.) on the delivery slip and sign it.
You should contact the Customer Services Department by e-mail or by phone at +33 (0)1 45 44 95 77. In the event of the non-compliance of Products purchased or if you are not satisfied with them, you may return them or request an exchange or a refund, in accordance with the conditions provided for in the article "RETURNS - EXCHANGES - REFUNDS".
a) Cooling-off right and time
In accordance with the conditions provided for in Articles L. 121-21, L.121-21-1 and L.121-21-2 of the Consumer Code, you have a statutory cooling-off right which you may exercise within a fourteen (14) day period, if you meet the conditions laid down in said provisions, without having to state any reasons and without having to pay penalties.
b) Procedure for exercising the cooling-off right
To exercise your cooling-off right you must, within a period of fourteen (14) calendar days, send to the following address, JOHN LOBB, 226 Boulevard Saint-Germain 75007 Paris, France, either (i) the duly completed cooling-off form or (ii) any other unequivocal statement expressing your wish to withdraw.
The Products must be returned in accordance with the terms and conditions in the article "RETURNS - EXCHANGES - REFUNDS", either (i) at the same time as notification of your decision to withdraw or (ii) within a fourteen (14) day period from the notification of your decision to withdraw.
c) Restrictions on the cooling-off right
In accordance with Article L.121-21-8 of the Consumer Code, your cooling-off right may not be exercised for orders of Products with customised markings at your request.
d) Consequence of the cooling-off right
In connection with the exercise of your cooling-off right or in the event of non-compliance, you may return the Product(s) you purchased and request an exchange or refund in accordance with the terms and conditions of the article "RETURNS - EXCHANGES - REFUNDS".
RETURNS - EXCHANGES - REFUNDS
1) On the Website:
When you exercise your cooling-right, the Products must be returned together with their purchase invoice or a copy thereof in the case of a partial return, in their original state and packaging, to the following address: JOHN LOBB, 226 Boulevard Saint-Germain, 75007 Paris, France. For arranging a collection of your return, please contact Saint Germain store by emailing firstname.lastname@example.org.
For gifts obtained on the Website, which were offered to you, only an exchange is possible. We do not offer refunds, even in part, if the Product in question is a Product that you received as a gift.
- If the amount of the Product(s) selected in replacement is greater than the amount of the Product(s) returned, you must pay the price difference in accordance with these General Terms and Conditions of Sale.
- If the amount of the Product(s) selected in replacement is less than the amount of the Product(s) returned, the price difference will be refunded by JOHN LOBB SAS in accordance with these General Terms and Conditions of Sale, except for a gift order.
- The standard delivery expenses for the first shipment will be refunded and the delivery expenses of the second delivery will be borne by JOHN LOBB SAS.
Requests for refunds:
- In connection with the exercising of the cooling-off right, the Products must be returned either (i) at the same time as notification of your decision to withdraw or (ii) within fourteen (14) days as from the notification of your decision to withdraw. JOHN LOBB SAS will ensure that any refund is made within fourteen (14) days from either (i) receipt of the proof of dispatch of the Product(s), or (ii) from receipt of the Product(s), the relevant date being the earlier of the two. The refund, including standard delivery expenses for the first order, will then be made using the same means of payment as used upon the first order.
- Under no circumstances will it be possible to grant you an electronic credit note that can be used on the Website and the Website will not issue a customer credit for use in a John Lobb store.
- In case of a claim for refund made in connection with the cooling-off right cooling-off form, the standard delivery costs for the first shipment will be refunded to you in full.
In both cases, (either an exchange or a refund), the transport costs incurred in returning Products will be borne by JOHN LOBB SAS.
JOHN LOBB SAS has sole discretion in determining whether the products are in their original condition when returned.
JOHN LOBB SAS will not be responsible or liable in the event of loss, misdirecting or late delivery of a Product that you wish to return insofar as you alone shall bear the risks of the transport that you choose and implement.
We do not currently offer the possibility of requesting a return or refund for Products purchased from the Website at a John Lobb store.
2) At John Lobb stores
Any Product purchased (or received as a gift) on the Website (with the exception of a Product that has been given personalised marking at your request) may be exchanged or be covered by a store credit note in some John Lobb stores within fourteen (14) calendar days following the date of delivery, subject to the following terms and conditions:
- Returned Products must be in their original condition and their original packaging.
- You must provide the original receipt along with your returned Products or a copy of the receipt if you are returning part of your order. To obtain a list of John Lobb stores offering the possibility of making exchanges, contact our Customer Services Department by e-mail or by phone at +33 (0)1 45 44 95 77.
- Delivery expenses for Product(s) purchased on the Website will be refunded when you return the Product (either for an exchange or store credit note) to a John Lobb store.
John Lobb stores do not offer refunds on any Products purchased on the Website. Under no circumstances will it be possible to credit your bank card.
In order to request a refund for a Product purchased on the Website upon exercise of your cooling-off rights, you must follow the procedure indicated in the paragraph above titled "1) On the Johnlobb.com Website".
The products sold by JOHN LOBB SAS are subject to the statutory warranties provided for in Articles L. 211-4 to L. 211-13 of the French Consumer Code and in Articles 1641 to 1648 of the French Civil Code (Code civil), to the exclusion of any other warranties:
- Statutory warranty of compliance
JOHN LOBB SAS shall deliver a Product to you that complies with the contract and is free of compliance defects when that Product is sent, i.e. the Product will be suitable for the use generally expected of similar goods and it will present the characteristics indicated at the time of the sale. JOHN LOBB SAS is also liable for any non-compliance resulting from packaging, assembly instructions or installation whenever it has been made responsible for the latter by the contract or it has been carried out under its responsibility. Any claim made against this warranty shall be valid only if you submit it within a period of two years of delivery of the Product. Any non-compliance which becomes apparent within a six (6) month period (which time is legally extended to twenty-four (24) months as from 18 March 2016) from the delivery shall be presumed to have existed at the time of delivery, unless proven otherwise.
You may choose either to have the Product repaired or replaced, unless one of these choices should entail a clearly disproportionate cost for JOHN LOBB SAS. If repair or replacement of the Product proves to be impossible, you may obtain a refund of the price paid and return the Product, or keep the Product and obtain a refund of part of the price, unless the non-compliance is a minor one. The refund of the price (in whole or in part), replacement or repair of the Product will be without cost to you and will not prevent any damages from being paid should you be entitled to them.
- Statutory warranty of hidden defects:
JOHN LOBB SAS will deliver a Product free from hidden defects that would render it unfit for its intended use, or which impair this use to such an extent that you would not otherwise have purchased it, or you would have paid a lower price for it if you had been aware of these defects. Any claim made against this warranty shall be valid only if you submit it within a two (2) year period as from discovery of the defect.
In the event of a hidden defect, you will have the choice between returning the Product and obtaining a refund of the price plus all costs arising from the sale, or keeping the Product and obtaining a refund of part of the price.
In any event, it is incumbent on you to prove that the defect meets the conditions of the warranty.
In the event of non-compliance or of hidden defects, you must return the Products to the following address: JOHN LOBB, 226 Boulevard Saint-Germain, 75007 Paris, France.
AFTER-SALES SERVICE AND AVAILABILITY OF SPARE PARTS
Any Product which is technically repairable is entitled to an after-sales service. The applicable conditions and procedures for after-sales service at JOHN LOBB SAS are available on the Website and accessible prior to purchase of the Product.
In accordance with Article L. 111-3 paragraph 1 of the French Consumer Code, JOHN LOBB SAS confirms that no period of availability is guaranteed for the spare parts essential to use of the Products. JOHN LOBB SAS will nevertheless make every effort to satisfy its Customers when one or more spare parts are requested.
LIMITATION OF LIABILITY
JOHN LOBB SAS can in no way be held liable for any damages which do not arise from a breach by JOHN LOBB SAS of any of its obligations.
EVENTS BEYOND OUR CONTROL
We shall 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 general terms and conditions of sale, including but not limited to any failure or delay in making payment or accepting delivery.
We shall not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under these general terms and conditions of sale that is caused by events outside our 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 shall notify you as soon as we can if any such event arises, and our obligations under these general terms and conditions of sale will be suspended for the period during which the event continues. We will make reasonable efforts to bring any such event to a close or to find a means of performing our obligations despite the occurrence of the relevant event.
APPLICABLE LAW AND JURISDICTION
These terms and conditions are governed by and construed in accordance with French law. However, pursuant to Regulation EC No. 593/2008 of 17 June 2008, these general terms and conditions of sale do not preclude the application of more favourable provisions to the customer, which cannot be derogated from by agreement, under the law of the country where the Customer habitually resides. In the event of a dispute related to the application and/or interpretation of these terms and conditions, the customer has the option to use conventional mediation or any other alternative dispute resolution procedure. In accordance with Order No. 2015-1033 of 20 August 2015 and Implementation Decree No. 2015-1382 of 30 October 2015, any consumer dispute or litigation subject to article L.152-2 of the French Consumer Code, may be amicably settled by means of mediation through the CMAP - Centre de Médiation et d’Arbitrage de Paris (Paris Centre for Arbitration and Mediation). To submit a dispute to the mediator, the customer may (i) complete the form on the CMAP website www.cmap.fr under the tab “vous êtes: un consommateur” (You are: a consumer), (ii) send his request by standard or registered post with recorded delivery to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) email email@example.com. Regardless of the method used to contact CMAP, the Customer’s request must contain the following details so that it can be processed quickly: postal address, email and telephone numbers, as well as JOHN LOBB’ full name and address, a clear, concise description of the facts, and evidence of all previous undertakings with JOHN LOBB. Notwithstanding the foregoing, in the event of a dispute, and in accordance with Regulation No. 1215/2012 of 12 December 2012:
- The customer may either apply to the court of their place of residence or to the French courts,
- JOHN LOBB may apply to the court of the customer's place of residence.
GENERAL TERMS AND CONDITIONS OF USE OF THE JOHNLOBB.COM EUROPE WEBSITE (OUTSIDE THE UNITED KINGDOM) - MARCH 2015
The Website is operated by the JOHN LOBB SAS, which publishes the Website.
SECURITY AND CONFIDENTIALITY
The Website is not intended for use by underage children.
All Website elements (drawings, designs, illustrations, photographs, sound tracks, written text, logos, trademarks, etc.) are the exclusive property of JOHN LOBB SAS. Apart from the exemptions expressly provided in the General Terms and Conditions of Use, you are prohibited from reproducing totally or in part, by any means or process, distributing, publishing, transferring, modifying or selling any or all the contents of the Website or from creating works derived from the Website.
The “John Lobb” trademark and all other John Lobb related marks and logos, whether registered or not, as displayed on the Website, as well as the domain name "Johnlobb.com," are and shall remain the exclusive property of JOHN LOBB SAS. Any reproduction, distribution, transfer, 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 exclusive proprietary notice from the Website or any content contained therein. You may make a single copy of web pages published on the Website for your own private, personal and non-commercial use, provided that any copy of such web pages retains all copyright and other exclusive proprietary notices contained therein.
The Site may contain links to third party websites not published or controlled by JOHN LOBB SAS. Such links are provided as a convenience only. They may not 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 install a link to the Website only if you are expressly authorised 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 accessory damages, which includes but is not limited to loss of profits or other indirect losses, arising out of or in connection with your use or inability to use the Website. This limitation of liability applies to the full extent authorised by the law.
JOHN LOBB SAS does not guarantee or represent that:
- The Website is free from viruses, worms, Trojan horses or other destructive material;
- The information contained on the Website is accurate, complete or up to date.
The Website may contain technical inaccuracies or other defects and JOHN LOBB SAS does not guarantee that any such defects will be corrected. The Website and its contents are provided on an "as is" and "as available" basis. JOHN LOBB SAS expressly disclaims all guarantees of any kind, in particular implicit guarantee regarding the usual conditions of the Website's use or of the Website's suitability for either normal use or for a specific use, its quality or of its compliance with any legal provisions. This limitation of liability applies to the full extent of the law.
APPLICABLE LAW - DISPUTES - ALTERNATIVE DISPUTE SETTLEMENT
These General Terms and Conditions of Use shall be governed by and construed in accordance with French law. However, in application of EC Regulation 593/2008 of 17 June 2008, these General Terms and Conditions of Use do not prevent JOHN LOBB from complying with a more favourable provision for customers and from which it may not be departed by agreement under the law where the customer has usual place of residence. These Terms and Conditions of Use are in French. Notwithstanding the foregoing, in accordance with the provisions of EC Regulation No. n° 1215/2012 of December 12th, 2012:
- You may apply either to the courts in your place of residence or the French courts, and
- JOHN LOBB SAS may apply to the courts in your place of residence.