Terms and Conditions of Online Sale

Preamble

The present terms and conditions of sale define the rights and obligations of parties in regard to the sales completed on the website lecoqsportif.com. They establish all the necessary stages to place, fill and follow through orders.

LE COQ SPORTIF reserves the right to adjust or modify the terms and conditions of sale at any time. In case of modification, each order shall come under the terms and conditions of sale in effect the day the order is placed.

1/ Identification of the Vendor

LCS International B.V.
Capital de 18 151,21 Euros
19, rue Icare
Aeroparc 1
67960 ENTZHEIM FRANCE Commercial Register, Rotterdam n°24257796
VAT nbr : NL 804 411 074 B01

2/ Application of the terms and conditions of sale

The customer declares having read and agreed to the present terms and conditions of sale before placing an order. When validating an order, the customer accepts the whole of the present terms and conditions of sale.

3/ Validity of offers

Our offers are aimed at consumers with a delivery address in metropolitan France, French Overseas Departments and Territories, Italy, Spain, Portugal, Germany and in the United Kingdom.

Items seen on the site are available until sold out. Should the customer's bank card debited for any unavailable order, lecoqsportif.com undertakes to credit or refund the customer within 15 days.

Moreover, lecoqsportif.com undertakes to email the customer having ordered an unavailable item as soon as possible.

4/ Product description

The products for sale are described and presented as accurately as possible.

However, should there be any error or omission in the description, lecoqsportif.com will not be held responsible. Product photographs and descriptive texts do not come under contract terms.

5/ Product prices

The prices of products delivered to France, Italy, Germany, Spain and Portugal are displayed in Euros, inclusive of all tax, and do not include postage and packing. The prices of products delivered to the United Kingdom and Germany are displayed in Pound Sterling, inclusive of all tax, and do not include postage and packing. Should the V.A.T rate change, those changes could be reflected on the product prices without prior notice.

For French Overseas Departments and Territories, the customer will still be responsible for any importation tax or custom charge that would apply.

lecoqsportif.com reserves the right to modify its prices at any time but the products will be invoiced at the price in effect at the time of the order registration.

6/ Order and terms of payment

The customer confirms his/her order as hereafter. Its confirmation means he/she accepts the present terms and conditions of sale. A customer interested in any item displayed on the lecoqsportif.com site proceeds as follows to place their order.

After having checked his/her cart (product, colour, size, price, etc.) the customer validates those details. Then, the customer has to verify the delivery information (name, delivery address, billing address) and accept the terms and conditions to proceed to the payment.

Should the Customer benefits from a special offer, he/she must beforehand enter his/her code in the field provided. When ordering for the first time, the customer should fill in a form with the following information: title, surname, first name, delivery address, e-mail, date of birth, phone number. It is at that point that the customer creates his/her password.

The customer is invited to pay by credit card: VISA, MasterCard, Carte Bleue. Payment by cheque is not accepted.

After having confirmed his/her payment, the customer definitely and irrevocably confirms his/her order with the following conditions:

Payment by credit card (Visa, MasterCard, Carte Bleue) on the site:

The customer confirms his/her delivery and billing address, the purchased item and the total price. The credit card number must be provided together with the expiry date and the CVX code. The order will be completed once the customer has clicked on "Yes, I confirm my order”.

Payment by PayPal on the site:

The customer confirms his/her delivery and billing address, the purchased item and the total price. The customer provides its PayPal login details. The order will be completed once the customer has clicked on "Yes, I confirm my order”.

In all cases, whatever is the payment option chosen by the customer, as soon as the order is confirmed, lecoqsportif.com will send by e-mail or by any other suitable correspondence to acknowledge receipt of the order. This order confirmation will summarize the conditions of sale together with product specifications and delivery address. The product remains lecoqsportif.com's property until the amount has been credited to the lecoqsportif.com's account.

Any customer's complaint concerning the order or delivery of an unavailable item will be regarded as unfounded.

lecoqsportif.com reserves the right to cancel or refuse any order from a customer with whom there has previously been a dispute over an order payment.

7/ Payment verification

lecoqsportif.com verifies all orders which have been confirmed on their website. These checking measures mean to protect lecoqsportif.com from consumer fraud. Our services may ask you all the necessary details to validate your order: proof of address or debit to your name, or proof of address to the name of the person listed on the delivery address, etc…

This information will be requested via email.

8/ Security of payments

Payment security is one of lecoqsportif.com major priority. Transactions effected on lecoqsportif.com are rendered secure by the Ogone payment system (www.ogone.com). All information exchanged to process the payment is encrypted using the SSL protocol. These data cannot be detected, intercepted or used by third parties, and are not kept on our computer systems either.

Moreover, all purchases made through www.lecoqsportif.com respect the 3-D Secure protocol. 3-D Secure is a protocol created by international payment company such as Visa (Verified By Visa) and Mastercard (Mastercard Secure Code) aiming to improve the security of Internet payments. 3-D Secure adds an authentication step for online payments in addition to the account data entered by the customer. This personal data is compulsory for the bank to identify its customer and validate the payment.

NB: Ogone is a technical service provider, and does not take care of disputes linked to the orders. These should be settled directly with www.lecoqsportif.com and/or your bank. More information about Ogone: www.ogone.com.

9/ Identification

The customer having already purchased on the lecoqsportif.com may want to choose a password which will enable them to place future orders without having to fill in the forms required again before placing an order.

The customer already registered is recognized as a lecoqsportif.com customer. The lecoqsportif.com customer's password is strictly personal and confidential. Under no circumstances should it be disclosed or passed on to anyone.

Should a lecoqsportif.com customer loses or forget his/her password, it is his/her responsibility to inform the website manager in the shortest possible time at e-shop@lecoqsportif.com. They will then be issued a new password within 48 hours which will replace the previous one by rights.

In order to simplify the customer's identification process via entering both their email address and password, the customer expressly authorizes lecoqsportif.com to place a cookie file on their computer for this use only.

10/ Delivery, promptness and shipping costs

10.1/ Order processing lead tom

Once the order has been confirmed, the usual processing time before dispatching is as follows:

  • Any order validated before 10:00 am from Monday to Friday is to be sent on the same day.
  • Any order validated after 10:00 am from Monday to Thursday is to be sent the following day.
  • Any order validated between Friday 10:00 am and Sunday 12:00pm is to be sent the next Monday.

10.2/ Forwarding times

Products are delivered to the delivery address the customer gave when placing their order.

10.2.1/ Metropolitan France and Corsica

The average delivery lead time for Metropolitan France and Corsica is 5 working days with standard delivery and 2 days with express delivery notwithstanding fortuitous events or circumstances beyond reasonable control which may delay deliveries.

REGULAR shipping costs in Metropolitan France and Corsica: 6,90€ (taxes included). If the order amount is greater than or equal to 80 €, the shipping costs are free.

EXPRESS shipping costs in Metropolitan France and Corsica: 14,90€ (taxes included). Express shipping is not available for Overseas Departments and Territorries

10.2.2/ Overseas Departments and Territorries

The average delivery lead time is 5 working days notwithstanding fortuitous events or circumstances beyond the control of lecoqsportif.com, which may delay deliveries.

REGULAR shipping costs for Overseas Departments and Territories: 14,90€ (taxes included). Express shipping is not available for Overseas Departments and Territorries

The customer will find enclosed in the parcel: the corresponding invoice and the CN23 administrative document. The customer will still be responsible for any importation tax that would apply.

10.2.3/ Italy, Spain, Portugal

Deliveries to Italy, Spain and Portugal are completed by a shipping company chosen by lecoqsportif.com. The average delivery lead time is 5 working days notwithstanding fortuitous events or circumstances beyond the control of lecoqsportif.com, which may delay deliveries.

REGULAR shipping costs: 6,90€ (taxes included). Express shipping is not available for Italy, Spain, and Portugal

The customer will still be responsible for any importation tax that would apply.

10.2.4/ United Kingdom

Deliveries to the United Kingdom are completed by a shipping company chosen by lecoqsportif.com. The average delivery lead time is 5 working days notwithstanding fortuitous events or circumstances beyond the control of lecoqsportif.com, which may delay deliveries.

REGULAR shipping costs for United Kingdom: £4,95 (taxes included). Express shipping is not available for the United-Kingdom.

The customer will still be responsible for any importation tax that would apply.

10.2.5/ Germany

Deliveries to Germany are completed by a shipping company chosen by lecoqsportif.com. The average delivery lead time is 5 working days with standard delivery and 2 days with express delivery notwithstanding fortuitous events or circumstances beyond the control of lecoqsportif.com, which may delay deliveries.

REGULAR shipping costs : 6,90€ (taxes included) if purchased in Euros or £4,95 (taxes included) if purchased in Great Britain Pound.

EXPRESS shipping costs : 14,90€ (taxes included).

The customer will still be responsible for any importation tax that would apply.

10.3/ Delivery problems

The customer must notify both the shipping company and lecoqsportif.com of any reservation about the delivered product (ex: damaged or already opened parcel, etc…) within 3 days of receiving the product, using the contact form found on the website in the "contact" section. Then, according to the cases defined in article 10 below, he may benefit from refund conditions provided for by this article.

11/ Satisfaction or your money back

Wherever the order is delivered, lecoqsportif.com undertakes to refund items which do not give full satisfaction, according to the conditions defined hereafter. In the special event of faulty products, lecoqsportif.com specifies that they may be refunded, but under no circumstances may they be exchanged.

11.1/ Items delivered to Metropolitan France and Corsica

Within 30 days after the order delivery, lecoqsportif.com refunds any items which do not give full satisfaction.

Refund conditions for products which are not on special offer or on sale

lecoqsportif.com refunds any item which do not give full satisfaction under certain conditions, in the same currency used to pay. The limit for a customer to ask for a refund or assert their right to retract is of 30 days after the order delivery. The return shipping cost is at le coq sportif’s expenses if the customer follows the process detailed below.

The return process has to imperatively comply with the following process:

Fill in the online return form, available on your lecoqsportif.com account, in the "Previous orders" section. If you do not have an account, please check the “order tracking” section. Enter your email address and your order number. Choose the relevant order number and click on "Return an item". Choose the article you are willing to return. Let us know the reason of your return request.

You will then receive an automatic e-mail from our customer service informing you of your return reference and the process to be followed. It is compulsory to write down this reference on the outer box. You will need to communicate to the Customer Service the date and address for le coq sportif to organize the parcel pick-up.

Returns are only allowed in the following countries: Metropolitan France, Corsica, French Overseas Departments and Territories, Spain, Italy, Germany, Portugal, United-Kingdom

Any damaged, soiled or incomplete item, which was not expressly mentioned as so by the customer upon receipt, will not be accepted by the vendor, according to the conditions stipulated in article 9.3

Refund conditions for products on special offer or on sale

lecoqsportif.com refunds any item which do not give full satisfaction under certain conditions, in the same currency used to pay. The limit for a customer to ask for a refund or assert their right to retract is of 30 days after the order delivery. The return shipping cost is at le coq sportif’s expenses if the customer follows the process detailed below

The return process has to imperatively comply with the following process:

Fill in the online return form, available on your lecoqsportif.com account, in the "Previous orders" section. If you do not have an account, please check the “order tracking” section. Enter your email address and your order number. Choose the relevant order number and click on "Return an item". Choose the article you are willing to return. Let us know the reason of your return request.

You will then receive an automatic e-mail from our customer service informing you of your return reference and the process to be followed. It is compulsory to write down this reference on the outer box. You will need to communicate to the Customer Service the date and address for le coq sportif to organize the parcel pick-up.

Returns are only allowed in the following countries: Metropolitan France, Corsica, French Overseas Departments and Territories, Spain, Italy, Germany, Portugal, United-Kingdom

Any damaged, soiled or incomplete item, which was not expressly mentioned as so by the customer upon receipt, will not be accepted by the vendor, according to the conditions stipulated in article 9.3

11.2/ Items delivered in other countries within the European Union

Within 30 days after the order delivery, lecoqsportif.com refunds any items which do not give full satisfaction.

Refund conditions for products which are not on special offer or on sale

lecoqsportif.com refunds any item which do not give full satisfaction under certain conditions, in the same currency used to pay. The limit for a customer to ask for a refund or assert their right to retract is of 30 days after the order delivery. The return shipping cost is at le coq sportif’s expenses if the customer follows the process detailed below.

The return process has to imperatively comply with the following process:

Fill in the online return form, available on your lecoqsportif.com account, in the "Previous orders" section. If you do not have an account, please check the “order tracking” section. Enter your email address and your order number. Choose the relevant order number and click on "Return an item". Choose the article you are willing to return. Let us know the reason of your return request.

You will then receive an automatic e-mail from our customer service informing you of your return reference and the process to be followed. It is compulsory to write down this reference on the outer box. You will need to communicate to the Customer Service the date and address for le coq sportif to organize the parcel pick-up.

Returns are only allowed in the following countries: Metropolitan France, Corsica, French Overseas Departments and Territories, Spain, Italy, Germany, Portugal, United-Kingdom

Any damaged, soiled or incomplete item, which was not expressly mentioned as so by the customer upon receipt, will not be accepted by the vendor, according to the conditions stipulated in article 9.3

Refund conditions for products on special offer or on sale

lecoqsportif.com refunds any item which do not give full satisfaction under certain conditions, in the same currency used to pay. The limit for a customer to ask for a refund or assert their right to retract is of 30 days after the order delivery. The return shipping cost is at le coq sportif’s expenses if the customer follows the process detailed below

The return process has to imperatively comply with the following process:

Fill in the online return form, available on your lecoqsportif.com account, in the "Previous orders" section. If you do not have an account, please check the “order tracking” section. Enter your email address and your order number. Choose the relevant order number and click on "Return an item". Choose the article you are willing to return. Let us know the reason of your return request.

You will then receive an automatic e-mail from our customer service informing you of your return reference and the process to be followed. It is compulsory to write down this reference on the outer box. You will need to communicate to the Customer Service the date and address for le coq sportif to organize the parcel pick-up.

Returns are only allowed in the following countries: Metropolitan France, Corsica, French Overseas Departments and Territories, Spain, Italy, Germany, Portugal, United-Kingdom

Any damaged, soiled or incomplete item, which was not expressly mentioned as so by the customer upon receipt, will not be accepted by the vendor, according to the conditions stipulated in article 9.3

11.3/ Refund period

The refund of any returned item will be done within 15 working days after the return has been received by le coq sportif. Allow 4 to 5 working days for the credit to post on your bank account.. If the payment has been made using PayPal, the refund will appear on the customer’s PayPal account.

11.4/ Other guarantee

In any case, the customer benefits from the "legal conformity guarantee" to be delivered goods in conformity with the contract and free from hidden defects according to the following regulations:

Article L211-4 Consumer code

The vendor is obliged to supply goods fit for the purpose of the contract between supplier and purchaser and is liable for existing defects in the product's conformity at delivery time. This guarantee also extends to defects resulting from packaging, directions for assembly or installation when the latter comes under the vendor's responsibility by contract.

Nota bene: Ordinance 2005-136 2005-02-17 art. 5: the clauses of the present ordinance apply to contracts concluded after its coming into effect.

Article L211-5 Consumer Code

To be in accordance with the contract, the goods should:

1 - Comply with the expected use of similar goods and, if the need be

  • Match the description given by the vendor and possess the qualities stipulated to the buyer in the form of sample or model
  • Have qualities that a buyer may legitimately expect in view of the public declarations made by the vendor, the producer or their representative, notably in advertising or labelling

2 - Or have the specificities defined by mutual agreement between the parties or comply with any special use sought by the buyer, brought to the vendor's knowledge and agreed by him.

Nota Bene: Ordinance 2005-136 2005-02-17 art. 5: the clauses of the present ordinance apply to contracts concluded after its coming into effect.

Article L211-12 Consumer Code

The action resulting from defects in the product's conformity lapses after 2 years as from the goods delivery time.

Nota Bene: Ordinance 2005-136 2005-02-17 art. 5: the clauses of the present ordinance apply to contracts concluded after its coming into effect.

Article 1641 Civil code

The vendor is bound by the guarantee against hidden defects in the sold product, which makes it unsuitable for its expected use, or reduces so much the use of it, that the buyer would not have purchased it or would not have paid as much if he had known them.

Articles 1648 paragraph 1 Civil code

The action resulting from those latent defects should be brought to attention by the buyer within 2 years as from discovery of the defect.

12/ Responsibility

lecoqsportif.com is solely responsible for providing the means to access any of the website's section, from consulting, filling in forms, placing orders, to delivering items or any other service.

Consequently, lecoqsportif.com should not be held responsible for any inconvenience or damage encountered through the use of the Internet network, in particular in matters entirely unrelated to lecoqsportif.com's diligence and care such as disturbances in the service supply, external intrusions or presence of virus.

Moreover, any event qualified as "beyond reasonable control" according to the Supreme court of appeal's case-law, exonerates lecoqsportif.com from any responsibility.

Customers benefit from the guarantees given by the trademarks present on the website.

13/ Intellectual property

Every element from the lecoqsportif.com website, whether visual or audio, underlying technology included, is protected by copyright (texts and images), patent and trademark law. They are lecoqsportif.com's exclusive property.

Any hypertext link to lecoqsportif.com website, notably using framing, deep-linking, in-line techniques or any other deep-linking techniques is strictly forbidden.

In all cases, any link, even tacitly authorised, shall be removed upon lecoqsportif.com's request. As a general rule, any partial or total reproduction of lecoqsportif.com website is strictly forbidden.

14/ Personal data

For business purposes, lecoqsportif.com reserves the right to collect personal data concerning the website users, notably via cookies as mentioned in article 8.

To that purpose, the lecoqsportif.com website is registered with the CNIL under the reference 1220398. Besides, lecoqsportif.com reserves the right to transfer for commercial use the data they will have collected on their website.

In any case and according to the law n° 78-17 dated January, 6th 1978, every website user or customer may at any time oppose the commercial use of the aforesaid data. Furthermore they have the right to access, correct or suppress any data related to them.

15/ Customer service

For any information or query related to a product or order on lecoqsportif.com, you may contact our customer service on the www.lecoqsportif.com website via the “E-business customer service” form.

In order to be able to process your requests in the best possible conditions, you should open a customer account with lecoqsportif.com or log into the website with the customer access features you received by email upon your first registration or first purchase. Should you not have those access features, you may request them in the lecoqsportif.com's " E-business customer service" section.

16/ Applicable law – disputes

In case of dispute, an amicable solution will be sought before taking any legal action. All relations resulting from the connection to and/or the use of the present website are subject to French law.