Terms and conditions

General terms and conditions of sale

 

ARTICLE 1: SELLER

The company SAS LE MODERNE

Simplified joint stock company with a share capital of 9,000 euros;

Headquartered at 26 boulevard de Strasbourg in Paris;

Registered with the Paris RCS under number 843 409 228.

 

VAT number : FR59843409228

E-mail : serviceclient@lemoderne-paris.com

Téléphone : 00 33 (0)6 84 71 40 82

 

This site is operated by LE MODERNE SAS, whose registered office is located at 26 boulevard de Strasbourg – 75010 Paris (France) and registered in the Paris Trade and Companies Register under number 843 409 228.

These general terms and conditions of sale apply to all orders placed with LE MODERNE for all articles and services offered on lemoderne-paris.com site by non-commercial individuals. Consequently, the fact that any person orders a product offered for sale on the website of lemoderne-paris.com implies full and complete acceptance of these general conditions of sale of which the Customer acknowledges having read prior to his order.

LE MODERNE reserves the right to modify these general terms and conditions of sale at any time. Nevertheless, the General Terms and Conditions of Sale applicable to the order placed by a Customer on lemoderne-paris.com Site are those accepted by the Customer at the time of placing his order.

ARTICLE 2: PURPOSE
The purpose of these General Terms and Conditions is to define the rights and obligations of the parties in connection with the online sale of goods and services offered by Le Moderne to the Client, from the order to delivery, including payment and use of services made available by Le Moderne.

ARTICLE 3: SCOPE OF APPLICATION
These General Terms and Conditions govern the sale of products on the day the customer places an order. They apply to all methods of placing orders proposed by Le Moderne.

ARTICLE 4: ORDER

  • Capacity to contract

Any Client of Le Moderne declares that he/she has the capacity to contract under the conditions described below, i.e. to be an emancipated minor or to have reached the age of legal majority and not to be protected within the meaning of article 488 of the Civil Code.

Le Moderne 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 Client

These Terms and Conditions can be read directly on the lemoderne-paris.com website. At the Client’s simple request, they can also be sent by e-mail.

The fact that the Customer ticks the box “I accept the general terms and conditions of sale”, before proceeding with the secure payment, constitutes an irrevocable acceptance which can only be challenged in the cases restrictively provided for in these general terms and conditions of sale under the paragraph “right of retraction”. By this act, the Client acknowledges having read and understood these Conditions and accepts them.

  • Placing an order

The individual Customer can place his order with Le Moderne by internet 24 hours a day, 7 days a week.

The ordering process consists of 6 successive steps. Once the selection of products has been made, and the basket validated, the Customer must:

  • clearly identify the selected products with the options of colors, sizes,… indicated on the site Le Moderne.com;
  • indicate the quantities requested;
  • identify themselves either by entering their email address and password, which are strictly per- sonal, or by mentioning all the information usually requested for an online registration; ;
  • the customer also has the opportunity to place an order without creating an account but by sending us all the necessary information to contact him/her;
  • clearly indicate the information necessary for delivery. This concerns in particular the precise delivery address as well as any restrictions on the accessibility of the place of delivery (building, floor, digicode, etc.);
  • The products will be delivered by post only;
  • finally, indicate the payment method chosen.

Once the payment method has been selected, the Customer must proceed to the payment of his order on the secure interface, which will formalize in a firm and definitive way the sales contract between him and Le Moderne.

Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will occur in the context of a possible exchange and the guarantees mentioned below.

In all cases, the online provision of the credit card number and the final validation of the order by the Customer will be worth proof of the order and the sums due for the products selected in the order. This validation is equivalent to signature and acceptance of all operations carried out on the Le Moderne.com website.

  • Order confirmation

An e-mail is automatically sent to the customer to confirm the order, provided that the e-mail address indicated in the registration form is correct.

The Client must verify the completeness and conformity of the information it provides to Le Moderne. The latter cannot be held responsible for any input errors and the consequences in terms of delays or delivery errors. In this context, all costs incurred for the reshipment will be borne by the Customer.

  • Order follow-up

The Customer can at any time consult the status of his order directly on the Post Office website with the tracking number previously provided by Le Moderne. This tracking allows the Customer to know the status of his order processing, but also the status of shipment or delivery of his packages. This last tracking of delivery is carried out in interface with the Internet means of tracking carriers. Le Moderne cannot therefore be held responsible for unavailability or errors that may affect the information provided by its carriers. Nevertheless, Le Moderne strives to make this information as clear as possible and to make transport as reliable as possible with its carriers. The Customer may at any time contact Le Le Moderne‘s customer service department to be informed of the follow-up of his order.

  • Proof of order

The computerised registers, kept in Le Moderne‘s computer systems under reasonable security conditions, and in compliance with the General Data Protection Regulations (RGPD) 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 characteristics

The products sold by Le Moderne are manufactured in France.

The information, characteristics, photographs and graphics presented on the sites or in the emails sent by Le Moderne are its own creation. Le Moderne cannot be held liable for the difference in the perception of shapes and colors between the photographs or graphics presented and the products. Le Moderne will do its best to ensure that the photographic representation of the products on the Le Moderne.com website is as accurate as possible. However, it is possible that the perception of the product(s) does not fully correspond to the products. The pro- ducts are presented in photography. The description will mention what is or is not part of the product.

Le Moderne shall not be liable for any indirect damages hereunder, including but not limited to operating loss, loss of profit, loss of opportunity, damage or costs, which may arise as a result of the purchase of the products. Le Moderne cannot be held responsible for any loss of data, files or damage defined in the previous paragraph.

  • Product availability

Le Moderne undertakes to honour orders received only within the limits of available stocks of products. In the absence of availability of the Product(s), Le Moderne undertakes to inform the Customer as soon as possible. Le Moderne reserves the right to modify the product range according to the constraints imposed by its suppliers.

Availability may vary within the same day depending on the level of sales. Le Moderne updates its availability very frequently. In the event of unavailability of the products, Le Moderne will notify the Customer by telephone or e-mail.

The unavailability of a product is mentioned on the page of the product concerned and in the basket summary. Thus, the Products may appear with the mention of the shipping time of the type “in stock” or “immediate”, 4 to 6 weeks”, “Product not available”…

The shipping times indicated in the descriptive sheets are indicative times when the product (s) are not available in Le Moderne stocks. They may therefore be subject to variations for which the Customer will be informed by Le Moderne in its order follow-up in the event of a slight delay or by e-mail in the event of a prolonged delay.

If Le Moderne cannot obtain an ordered product from its suppliers, the company will notify the customer of the expected delay by e-mail. The latter may then request a refund of the sums paid within 30 days at the latest of their payment, either to exchange the unavailable product for another product or to cancel the order. No cancellation penalty will be applied for such an order cancellation. No cancellation compensation (other than full refund of the order) may also be requested, such unavailability resulting from the time required to update these unavailabilities.

Le Moderne 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, flooding, fire.
ARTICLE 6 : PRICE

Prices are indicated in euros All taxes included and are only applicable on the date of dispatch of the order validation by the Customer.

As the prices of Le Moderne‘s suppliers are constantly evolving, the prices displayed on the site are subject to change at any time.

Prices do not include delivery costs, gift wrapping costs, any promotional offers and personal discounts, indicated before the final validation of the order.

Delivery costs will be charged to the customer.

The prices take into account the French VAT applicable on the day of the order and any change in the legal VAT rate will automatically be reflected in the price of the products presented on the site, on the date stipulated by the implementing decree. However, the prices cannot be modified once the Customer’s order has been placed. Similarly, if one or more taxes or contributions, in particular environmental taxes or contributions, are created or modified, upwards or downwards, this change may be reflected in the selling price of the items on lemoderne-paris.COM website.

Orders to countries outside the European Union are not subject to French VAT. The prices indicated on the site for these orders are exclusive of VAT and therefore do not take into account VAT. However, these orders are subject to any taxes and customs duties in the country of destination.

The customer is also responsible for checking the import possibilities of the products ordered with regard to the law of the country of delivery. We recommend contacting the Customs Service for more information.

ARTICLE 7: PAYMENT

  • Payment methods

The Customer can pay online by credit card (Carte Bleue, Visa, Eurocard-Mastercard, American Express and E-carte bleue), by PayPal or by bank transfer. The Client guarantees Le Moderne that he has the necessary authorizations to use the payment method chosen by him, when validating the order form. Purchases are debited to the customer’s account when the order is processed.

Le Moderne implements all the necessary means to ensure the security and confidentiality of the data transmitted online. For this purpose, the site uses a secure SSL (Secure Socket Layer) payment method that encrypts your bank details when they are transmitted over the network. You will notice that the transmission is encrypted by software as soon as the padlock symbol appears in your browser. The transaction is carried out via the Crédit Mutuel bank.

Le Moderne reserves the right to suspend any order management and delivery in the event of refusal of authorization of payment by credit card from officially accredited organizations or in the event of non-payment. Le Moderne reserves the right to refuse to make a delivery or to honour an order from a Customer who has not fully or only partially paid for a previous order or with whom a payment dispute is being administered.

  • Invoice

The order form that the Customer issues online or the order confirmation sent by e-mail to the Customer by Le Moderne does not constitute an invoice. The Customer has the original invoice in his online account. The invoice can be attached to the package and sent by email if the cus- tomer orders without creating an account.

Le Moderne keeps an electronic copy of each invoice.

In the case of delivery to an address different from the billing address, the invoice will only be available in the online order tracking of the Customer’s account

  • Transfer of ownership

Le Moderne remains the owner of the delivered Products until they have been fully paid for by the Customer. The above provisions do not prevent, as soon as the Products are delivered, 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 they may cause.

ARTICLE 8: DELIVERY

  • Delivery areas

The geographical delivery area of the offer of Le Moderne online store is as follows:

– France and overseas departments and territories: metropolitan France, Corsica, Guadeloupe, French Guiana, Martinique, Monaco, New Caledonia, French Polynesia, Saint Barthélemy, Saint Martin

– Europe: Andorra, Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Fin- land, Germany, Greece, Guernsey, Hungary, Canary Islands, Ireland, Italy, Jersey, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom

– World: USA and JAPAN

The Customer may contact Le Moderne‘s customer service department for more information on delivery conditions in a specific country in the world not mentioned in the list above.

Orders to countries outside the European Union are not subject to French VAT. However, they are subject to possible taxes and customs duties in the country of destination. These costs and the related formalities are the responsibility of the client/recipient. They are to be paid directly to the carrier upon delivery.

The customer is also responsible for checking the import possibilities of the products ordered with regard to the law of the country of delivery. We recommend contacting the Customs Service for more information.
 

  • Delivery services

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 it provides to Le Moderne. The latter cannot be held responsible for any input errors and the consequences in terms of delays or delivery errors. In this context, all costs incurred for the reshipment of the order will be entirely at the expense of the Customer.

Le Moderne cannot be held liable for delivery delays due to errors or disruptions attributable to carriers (including in particular in the event of a total or partial strike, in particular by postal services and means of transport and/or communications).

 

  • Shipping times

Orders placed online via the lemoderne-paris.com website are recorded every day from Monday to Friday, except public holidays. Le Moderne does its utmost to process and ship as soon as possible, however the processing and preparation time of an order can be extended depending on the articles. Upon receipt of the shipping confirmation email, the Customer may take into account the delivery times of the carriers announced below.

Le Moderne informs its customers that these shipping times do not include Saturdays, Sundays and public holidays.

If the Customer wishes to receive the products immediately available as soon as possible, it is advisable to isolate these items in a separate specific order.

An e-mail is automatically sent to the Customer when the Products are shipped, provided that the e-mail address indicated in the registration form is correct.

  • Transport times

Transport times depend on the carrier chosen by the Customer and the place of delivery.

Le Moderne informs Customers of the deadlines announced to it by post. Shipping costs are calculated according to the country of delivery at the time of the basket and are definitively confirmed according to the chosen mode of transport and delivery destination, before the final validation of the order.

However, Le Moderne informs its Customers that the announced deadlines do not include Saturdays, Sundays and public holidays.

 

  • Delivery times

Delivery times can be as follows:

  • If the products are available, the delivery time is equal to the time indicated when the order is placed in the delivery mode section.
  • If the products are not available and therefore on order, the delivery time is equal to the time indicated in the product availability section.

 

If it appears that the shipping time cannot be met, a new time limit will then be communicated to the Customer, based on the data known by Le Moderne. In this case, a proposal for cancellation of the order, credit note or refund will also be made to the Customer.

 

  • Means of delivery in metropolitan France

 

  • Delivery in Relay Packages (Usually noted time of 48 hours)

This delivery method allows the customer to receive his parcel in the nearest parcel post office within 24 hours to 72 hours from Tuesday to Saturday excluding public holidays. The order must be placed from Monday to Friday before 11 am for delivery from the next afternoon (except public holidays). Orders placed from Friday afternoon to Sunday included, will be delivered from Tuesday afternoon. The customer is notified by e-mail as soon as the package arrives at the chosen relay point. The package remains available for 10 working days and 14 calendar days. After this period, the package will be sent back to our warehouses..

  • Standard delivery by Colissimo (usually within 48 hours)

This delivery method allows the Customer to receive his package within 48 hours from the date of shipment thanks to the Post Office and the Colissimo Expert or Profil service (excluding processing and order preparation time which can take from 1 to 2 days). Deliveries are made from Monday to Saturday morning, except on public holidays. The costs incurred for this option depend on the total weight and volume of the items ordered.

The package is processed by the Post Office and delivered against signature to the delivery address indicated by the Customer. In the event of absence during delivery, a delivery notice is left at the delivery address indicated by the Customer, which allows the latter to collect his package at the nearest post office. Packages are kept pending at the Post Office for 15 calendar days. In the event of failure to collect within the time limits set by the carrier, the products will be returned to Le Moderne, which reserves the right to refund the price of the products, the ship- ping costs remaining at the expense of the Customer.

 

  • Express delivery by Chronopost (usually within 24 hours)

This delivery method allows the Customer to receive his package within 24 hours from the date of shipment thanks to Chronopost (excluding processing and order preparation time which can take 1 to 2 days). Deliveries are made from Monday to Friday, except on public holidays. The costs incurred for this option depend on the total weight and volume of the items ordered.

The package is processed by Chronopost and delivered against signature to the delivery address indicated by the Customer. The Customer must ensure that when ordering, he/she correctly informs the conditions of access to the place of delivery (code, building, floor, door, etc.), as well as a telephone number where the Customer can be easily reached. In the event of absence, a notice of passage is left at the delivery address indicated by the Customer, which allows the latter to collect his package at the address and according to the methods indicated by the carrier. Packages are kept pending at the Post Office for 15 calendar days. In the event of failure to collect within the time limits set by the carrier, the products will be returned to Le Moderne reserves the right to refund the price of the products, the shipping costs remaining at the expense of the Customer.

 

  • Delivery by UPS (usually 24h-48h)

This delivery method allows the Customer to receive his package within 24-48 hours from the date of shipment thanks to UPS (excluding processing and order preparation time which can take 1 to 2 days). Deliveries are made from Monday to Friday, except on public holidays. This delivery method is mainly used to ship fragile, bulky or heavy products. The costs incurred for this option depend on the total weight and volume of the items ordered.

The package is processed by UPS and delivered against signature to the delivery address indicated by the Customer. The Customer must ensure that when ordering, he/she correctly informs the conditions of access to the place of delivery (code, building, floor, door, etc.), as well as a telephone number where the Customer can be easily reached. In the event of absence, the deli- very person leaves a notice of passage with the indication of his next passage. The Customer can call UPS Customer Service to set a new delivery date that is more convenient for him. Beyond 3 unsuccessful attempts to reach the delivery address, the package is automatically returned to Le Moderne, which reserves the right to refund the price of the products, the ship- ping costs remaining at the expense of the Customer.

The delivery times we indicate are indicative and those generally noted. No refund of shipping costs will be made in case of delivery within a longer period than indicated.

 

  • Means of delivery outside metropolitan France

In Europe and abroad, delivery is made via various carriers: Colissimo, Chronopost, Ducros, UPS,… The costs incurred depend on the destination country, the weight and total volume of the selected items. The costs and deadlines are indicated to the Customer before the final validation of his order.

Orders to countries outside the European Union are not subject to French VAT. However, they are subject to possible taxes and customs duties in the country of destination. These costs and the related formalities are the responsibility of the client/recipient. They are to be paid directly to the carrier upon delivery.

The customer is also responsible for checking the import possibilities of the products ordered with regard to the law of the country of delivery. We recommend contacting the Customs Service for more information.

 

  • Conditioning

The products are packaged in such a way as to comply with the applicable transport standards and to ensure optimal protection of the products during delivery. The Customer is requested 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 damaged due to insufficient packaging quality, Le Moderne may decide to refund only partially the product or to refuse to refund it if it is impossible to resell it in its original condition.

 

  • Responsibility of the Customer for the verification of packages upon receipt

Le Moderne Le Moderne reminds that it is the Customer’s responsibility to inspect his packages upon receipt in the presence of the delivery person and to immediately notify the carrier and Le Moderne customer service of any anomaly noted (shock, damaged package, delivery date not in accordance with the normal delivery service deadlines. In the event that such information has not been entered on the delivery note presented to the Customer by the carrier, no claim relating to the condition of the package(s) may be accepted a posteriori.

 

  • Delivery delays related to the carrier

In the event of a delay in delivery in relation 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 may contact Le Moderne Customer Service by telephone or e-mail to open a dispute or investigation file to conduct a search for the package.

Sometimes packages are lost by carriers. The delays imposed by the carriers require the Custo- mer to declare the loss within 10 days of receiving the shipping notice from Le Moderne. Under these conditions, Le Moderne undertakes to make the necessary claims against the carrier concerned. Once the complaint has been made and the investigation opened, he can run a delay of 3 to 4 weeks to have a return from the carrier.

If the package is found, it will be immediately redirected 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 the availability deadlines), at Le Moderne’s expense, or the refund of the amount paid. If the product(s) ordered were no longer available at that time, Le Moderne will refund the amount of the products concerned by the loss of the carrier.

 

  • Damaged packages

The Customer must check the condition of the package in front of the carrier and make the necessary reservations on the delivery note in the event of partial or total deterioration. In the absence of any reservation, the product is deemed to have been accepted by the Customer and may not be the subject of any dispute concerning its delivery. The Client must inform Le Moderne by e-mail as soon as possible, so that Le Moderne can take the necessary measures as soon as possible.

 

ARTICLE 9: RIGHT OF WITHDRAWAL, RETURN AND EXCHANGE

 

  • Legal withdrawal period

In accordance with the provisions of articles L.221-16 et seq. of the Consumer Code, the Customer has a withdrawal period of fourteen (14) calendar days from the date of receipt or withdrawal of the Articles to exercise his legal right of withdrawal and thus notify Le Moderne of his intention to return said Article to him. If the Articles may be subject to the legal right of retraction, the Customer exercising his right of retraction under the conditions provided for in this article in terms of time limit and modalities for returning the Articles, may obtain a refund of the returned Articles. Form available in GTC Article 9.4.

The refund will be made by the same means of payment as the one used by the Client for the initial transaction, unless specifically indicated by the Client, who would request a credit note, valid six (6) months from its issue. The refund will be made as soon as possible and at the latest within 14 days following the effective exercise of the right of withdrawal by the Customer. However, this period may be extended by Le Moderne until Le Moderne receives the goods returned by the Customer to the address indicated on the return form, or until Le Moderne receives proof that the Articles have been sent by the Customer. When the fourteen (14) day period expires on a Saturday, Sunday or statutory or non-working day, it is extended until the next business day.

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

Customers may benefit from a prepaid return voucher in accordance with Article 14 hereof, and (2) in the event of non-conformity of the delivered Articles with the Order (in this case, the return costs will be borne by Le Moderne).

The right of withdrawal is exercised under the same conditions from the Order and before Delivery.

 

  • Special case of limited and numbered series products:

As these products are unique pieces, they will not be refunded or exchanged.

 

  • Conventional withdrawal period

Le Moderne accepts the return by post to the address indicated by the Customer Service or on the Delivery Note of the Article concerned, within the above-mentioned legal withdrawal period. As such, the Customer has fourteen (14) days from the date of receipt of his order to retract and return his Articles. Returns of Articles after this deadline will not be accepted.

  • Procedures for exercising the right of withdrawal

To do this, the Client simply chooses one of the following methods:

The return request can be made by contacting customer service, by using the contact form, by e-mail or by telephone, which will inform the Customer of the procedures to follow, in particular by using the withdrawal form below.
Sample withdrawal form (Please complete and return the form and your order number only if you wish to withdraw from the contract).

We advise you to also specify your order number) For the attention of LE MODERNE – Customer Service -[Address] France E-mail :LE MODERNE – Service Clients – [Adresse] France E-mail : serviceclient@lemoderne-paris.com.

hereby notify you of my withdrawal from the contract for the sale of the property below:

Ordered on [……………………………………….] (*) received on […………………………………………………………………….] (*)
Order number : [………………………………………………………..]
Name of the consumer(s): [………………………………………………………………]
Address of the consumer(s): […………………………………………………………………… ……………………………………………………………………………………………………………………………] Signature of the costumer(s) (only if this form is notified on paper) Date : [……………………………………]

Le Moderne suggests that the Customer return his products by registered mail or with addi- tional insurance, guaranteeing him, if necessary, compensation for the products up to their actual market value in the event of spoliation or loss of this merchandise. In all cases, the return is at the Customer’s risk. It will be up to the customer to keep any proof of return. The return costs are the responsibility of the customer, who is free to choose the shipping method.

 

Return address:

LE MODERNE

26 boulevard de Strasbourg – 75010 PARIS (FRANCE)

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

Only items returned in their original packaging in perfect condition for resale (shoe box, plas- tic bags…) will be accepted. Consequently, returns of washed and/or worn clothing, as well as damaged boxes will be refused.

Retraction can never be exercised if the delivered Articles are Articles that have been, even partially, washed, soiled, damaged or used. Similarly, these Articles returned incomplete, damaged or soiled by the Customer will not be taken back or exchanged.

The Articles must also be accompanied by the order number, either on the return form, sent with the delivered Articles signed by the Customer, or on any other document. The Customer is informed that the use of the return form facilitates the processing of the return by Le Mo- derne. The Customer is therefore invited to use this return form.

The Customer may only be held liable in the event of depreciation of the Article resulting from manipulations other than those necessary to establish the nature, characteristics and, where applicable, the proper functioning of the Articles.

Refunds in the event of use of the right of withdrawal will be made by the same means of pay- ment as that used by the Client for the initial transaction, unless otherwise specified by the Client.

ARTICLE 10: GUARANTEES, CLAIMS, MEDIATION

      • Guarantees

In accordance with Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof may not deprive the Customer of the legal guarantee which obliges the professional seller to gua- rantee him against all the consequences of hidden defects in the item sold.

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

Consequently, in the event of damage caused to a person or property by a defective product, only the manufacturer of the product may be held liable by the Customer, on the basis of the information on the packaging of the said product. In addition, the company reminds that the products, services and information offered by Le Moderne are in no way a substitute for the constant vigilance of adults.

Le Moderne cannot be held liable in the event of non-compliance with the legislation of the country where the products are delivered. It is the customer’s responsibility to check with local authorities about 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 or by phone call to Customer Service.

Contact Address : serviceclient@lemoderne-paris.com

Téléphone : 00 33 (0)6 84 71 40 82

If applicable, the refund will be made within 14 days of receipt of the Article by Le Moderne depending on the payment method chosen when the Order is placed, either on the credit card used for payment, on the Customer’s PayPal account or by bank transfer. These provisions are not exclusive of the above-mentioned right of withdrawal.

 

ARTICLE 11: LIABILITY

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

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

Hypertext links may lead to sites other than Le Moderne.com. Le Moderne declines all respon- sibility in the event that the content of these sites contravenes the legal and regulatory provi- sions in force.

 

ARTICLE 12: FORCE MAJEURE

Neither party shall have failed to fulfil its contractual obligations, insofar as 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 circumstan- ces, external to the parties, unpredictable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonable efforts.

The party affected by such circumstances shall notify the other within ten working days of the date on which it became aware of them.

The two parties will then get 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 the contract will be continued.

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

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

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

– The termination of telecommunications networks or difficulties specific to telecommunications networks external to Customers.

 

ARTICLE 13: PERSONAL DATA

Visitors or Customers to the Le Moderne.com website have the right to access, modify, rectify and delete data concerning them at any time in accordance with the General Data Protection Regulations (RGPD).

When registering the Customer or an order, or as part of other specific operations, Le Moderne.com offers Visitors or Customers to receive its newsletters, promotional offers, and/or to register to be informed of the holding of its exclusive sales. The Visitor or Client may at any time modify his subscription through his personal account, or through the hypertext link at the bottom of the newsletters received by e-mail.
Le Moderne undertakes to effectively take into account changes in subscriptions and unsubscriptions to commercial e-mails sent by it as soon as possible according to the necessary processing.

Le Moderne may for commercial purposes transmit to commercial partners the identity and contact details of its Users or Customers, only to the extent that they have agreed to the disclosure of their personal data. Users and Customers can modify their choices at any time on Le Moderne ‘s website.

Modern uses data collection systems such as cookies. A cookie is a computer file stored on the user’s computer’s hard drive. Cookies make it possible to report a previous visit by the user to the site and to link the user to his or her personal data left on the site, in particular for the purpose of identifying the shopping cart.

Le Moderne informs its Customers that the processing of this personal and/or personal information has been declared to the CNIL.

 

ARTICLE 14: INTELLECTUAL PROPERTY

All content (texts, comments, works, illustrations, images, videos, graphics, sound… including the underlying technologies used) displayed on this site is protected by copyright and intellectual property rights worldwide. 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 Le Moderne. Any total or partial reproduction of the catalogue of the company Le Moderne is strictly prohibited.

Anyone with a website wishing to place a simple link directly to Le Moderne.com on their website must ask Le Moderne for permission. An authorization given by Le Moderne shall in no case constitute an implicit affiliation agreement and shall in no case be given definitively. At Le Moderne’s request, this link must be removed.

 

ARTICLE 15: ALL CONDITIONS

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

If a condition were not explicitly mentioned, it would be considered as governed by the prac- tices in force in the distance selling sector whose companies have their headquarters in France.

The relationship between Le Moderne and the Client is governed exclusively by these condi- tions to the exclusion of any other condition appearing on the Le Moderne.com website.

 

ARTICLE 16: DURATION AND APPLICATION

These Conditions apply throughout the duration of the online availability of the services offered by Le Moderne. They can be modified at any time by Le Moderne. The applicable Conditions are those in force on the date of registration of the order.
ARTICLE 17: TERRITORIALITY AND APPLICABLE LAW

Sales of Le Moderne products are subject to French law. In the case of a particular Client, any dispute relating to the existence, interpretation, execution or termination of the contract concluded between Le Moderne and the Client, even in the event of multiple defendants, shall, in the absence of an amicable agreement, fall within the exclusive jurisdiction of the court of the Client’s domicile. In the case of a Professional Client, any dispute relating to the existence, interpretation, execution or termination of the contract concluded between Le Moderne and the Client, even in the event of multiple defendants, shall, in the absence of an amicable agreement, fall within the exclusive jurisdiction of the Paris Commercial Court.