General Terms and Conditions of Sale

[ Last update 01/04/2024 ]

Welcome to lienou.fr

Liénou, and/or its affiliated companies ("Liénou"), provides you with website features and other products and services when you visit the website www.lienou.fr (the "website"), make purchases on the website, use Liénou’s devices, products, and services, use Liénou mobile applications, or use software provided by Liénou in connection with any of the above (collectively referred to hereinafter as the "Liénou Services").

These General Terms and Conditions of Sale (hereinafter "GTC") are intended to provide the legal framework for the availability of the website and services offered by Liénou and to define the conditions for access to and use of the services by the "User." These GTC are available on the website in the "GTC" section. Please read these terms carefully before using Liénou’s Services. By using Liénou’s Services, you agree to be bound by these terms. It is specified that these terms exclusively govern the sales of all items and products sold by Liénou. These products are sold as new, unless otherwise specified on the product page of www.lienou.fr. These items are intended for both professional and non-professional consumers. Please refer to our (Personal Information Notice) and our (Cookies Notice) to understand how we collect and process your personal information in connection with the Services. Liénou provides the Services and sells products according to the conditions defined on this page.

1. Acceptance of the General Terms and Conditions of Sale (GTCS)

The customer declares having read and accepted these General Terms and Conditions of Sale before placing their order. The confirmation of the order therefore constitutes acceptance of these General Terms and Conditions of Sale. Unless proven otherwise, the data recorded by Liénou constitutes evidence of all transactions between Liénou and the customer. The following terms define the contractual relationship between the company Liénou Store SAS (Seller) and the individual or entity (Buyer) purchasing the services and/or products from the company sold on the website www.lienou.fr. The company can be contacted by email by clicking on the contact form accessible via the Contact Page of the site. Any order placed on the site https://www.lienou.fr implies the unconditional acceptance by the Buyer of the General Terms and Conditions of Sale. Liénou reserves the right to modify its terms at any time by publishing a new version on its website. The General Terms and Conditions of Sale in effect at the time of payment for the order will apply.

2. Order

The customer is solely responsible for completing the online order form by specifying the references of the chosen products and their quantity. The customer must also provide their name, first name, and (if applicable) customer number, as well as the delivery address. In the event of a data entry error, Liénou cannot be held responsible for any delays or inability to deliver. All costs related to the redelivery of products due to a customer’s data entry error will be the sole responsibility of the customer. The customer can review the details of their order and the total price before sending it to Liénou. The customer has the option to modify or even cancel their order before it is sent to Liénou. Liénou will acknowledge receipt of the order by sending an email to the address provided on the order form. Consent is given by a "click," and the sales contract is then considered valid. The contract involves the full payment corresponding to the order. Liénou reserves the right to refuse an order if there is an ongoing payment dispute with the customer.

3. Disponibility

Information about product availability on the Site is continuously updated. Product and price offers are valid as long as they are visible on the Site. Offers are displayed on the Site in real-time. Each product is accompanied by a detailed description. In the event of product unavailability after the order has been placed, the customer will be informed by email or phone according to the contact details provided on the order form. Liénou may offer the customer a replacement product of at least equivalent quality, subject to the customer’s acceptance. If the customer refuses the replacement product, they may cancel their order by sending an email to Liénou at the following address: support@lienou.fr. The customer will be fully refunded within a maximum of 30 days after refusing the replacement product, using the same payment method as used for the order.

4. Products

The customer is informed that there may be minor differences between the photos of the products displayed on the Site and the products themselves (such as color rendering by the software, wood grains, knots, manual finishes, handcrafted items, recycled old wood or metal, unique pieces, etc.).

5. Price

The prices of our products are listed on the Site in euros and include all taxes. The prices are displayed excluding handling and shipping costs (see Article 6 Delivery/Terms and Costs). There may be delivery fees for the products and services sold. The customer is informed of the order processing costs and delivery fees directly at the time of confirming their cart.

6. Delay and Delivery

Products purchased on the Site are delivered within metropolitan France, and shipping costs are indicated to the customer before the final order confirmation. In the case of specific delivery conditions, the customer must IMPERATIVELY inform Liénou of any information related to truck access to the delivery location (such as difficult access, narrow or rocky roads, slopes, high altitudes, islands or peninsulas, pedestrian streets, restricted traffic access) using the "comments" section just before confirming the order. A specific quote may be provided for delivery by a special vehicle to a difficult-to-access location. This quote will be subject to acceptance and payment. Without acceptance and prior information, packages will be delivered in a STANDARD manner by truck without additional delivery services. Unloading must be arranged by the customer's personnel. In the event of a delivery error due to incorrect address entry by the customer at the time of ordering, any re-shipment of the order will be charged and borne by the customer.

6.1. About delivery delay :

– As indicated in the order confirmation sent to the customer by email: The delivery time for the shipment equals the carrier's transit time (approximately 20 business days). Liénou cannot be held responsible for delays beyond the announced delivery time after shipment.

– The delivery times are in addition to the manufacturing and shipping times of the supplier. If the announced delivery times cannot be met by Liénou, the customer has the option to cancel their order by registered letter with acknowledgment of receipt, in accordance with legal provisions, or by email exchange with confirmation. In this case, Liénou will process a refund for the product within a maximum of 30 days from the receipt date of the cancellation letter, excluding any other penalties.

– If an order includes both in-stock products and products with delayed shipping, Liénou will ship all products in a single shipment after the awaited products are received in stock. Any partial shipment is subject to a specific quote with a contribution to shipping costs.

In case of delivery failure due to an error in the address and/or phone number entered by the customer during the order process, any re-shipment of the order will be charged and borne by the customer.

In the event of delivery failure due to an error in the information entered, failure to confirm the appointment after shipment, absence at the confirmed appointment, or an inaccessible delivery location for the truck, the return fee as outlined in Article 9 – Withdrawal & Returns will be deducted from the refund after the product is returned to Liénou. For refused deliveries because the item does not meet the customer’s expectations, the return fee (Article 9 – Withdrawal & Returns) will be applied and deducted from the refund after receipt of the order by Liénou.

6.2. Delay in delivery :

In the case of a delivery delay compared to the times announced by the carriers, the customer should first contact the carrier or their distribution office. In all cases of significant delays, the customer must contact Liénou to open a dispute or investigation file to locate the package. It may happen that packages are lost by the carriers. The deadlines imposed by the carriers require the customer to report the loss within 10 days from the expected receipt date on the shipping notice. In such cases, Liénou will handle the necessary claims with the concerned carrier. If the package is not found (with a 30-day search period), Liénou will arrange a new delivery of the same product. If the product is unavailable, Liénou commits to providing a full refund to the customer.

7. Checking packages on delivery

The customer must carefully check for any visible damage upon delivery of the product. In the event of apparent damage (e.g., damaged package, already opened, missing items, or any damaged part of the product), the customer must refuse the product with written, precise, and justified reservations. The customer is informed that reservations must be made immediately with the delivery person, directly on the delivery slip. The reservations should be detailed and describe the damage(s) suffered by the product. The customer is informed that the absence of written reservations on the delivery slip constitutes acceptance of the product as delivered in conformity. Any reservation must be confirmed by registered letter with acknowledgment of receipt within 3 days or by email to support@lienou.fr within 24 hours, including all photos (packaging + ordered product) in the reply. If not done, the customer accepts, by transferring ownership (acceptance of the package without reservation), responsibility for visible defects such as dents, breaks, or scratches. If for any reason the customer was unable to make sufficiently precise written reservations and wishes to provide additional details, they must send a registered letter with acknowledgment of receipt to Liénou’s headquarters within 24 hours. To ensure better tracking, they may also send a copy of this registered letter to support@lienou.fr. To obtain repair, replacement, or refund of the product, the customer must adhere to the above procedure.

Any refusal of delivery, due to an unconfirmed or canceled appointment after shipment, absence during the confirmed appointment, or any item refused without damage or not unpacked, is considered a withdrawal. The return fee, as outlined in Section 9 – Withdrawal & Returns, will be deducted from the refund after the product is returned to the sender. In case of an order, it will be delivered in its packaging and on a wooden pallet. It is essential to visually inspect the contents of the package and check that the ordered product was not damaged during transport. Any broken order accepted cannot be refunded or replaced.

8. Payment

Payment is due immediately upon order in full.

Payment for a product on the Site can be made :

– By credit card: Visa, MasterCard directly on the Site by filling out the order form according to the specific instructions and then paying through the secure transaction site. The card is debited upon sending the order acknowledgment. Online secure payment by credit card is handled by the payment provider Stripe. The information transmitted is encrypted according to industry standards and cannot be read during transmission over the network. Once the payment is made by the Buyer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the French Monetary and Financial Code, the payment commitment given by card is irrevocable. By providing their banking information during the sale, the Buyer authorizes the Seller to debit their card for the amount corresponding to the indicated price. The Buyer confirms that they are the legal cardholder and are legally entitled to use the card. In case of error or inability to debit the card, the order is immediately canceled.

- Or by PayPal

9. Withdrawal and Returns

Right of Withdrawal Applicable to Distance and Off-Premises Contracts, Consumer Code Article L121-21. Consumers have a period of fourteen days to exercise their right of withdrawal from a contract concluded at a distance, following telephone solicitation, or off-premises, without having to justify their decision or bear any costs other than those provided for in Articles L. 121-21-3 to L. 121-21-5. Any clause by which the consumer waives their right of withdrawal is null and void. The period mentioned in the first paragraph of this article begins from the day of receipt of the goods by the consumer or a third party, other than the carrier, designated by the consumer. For contracts for the sale of goods and service contracts including the delivery of goods, the consumer may exercise their right of withdrawal from the conclusion of the contract. In the case of an order for several goods delivered separately or an order for a good composed of lots or multiple pieces delivered over a defined period, the period begins from the receipt of each item. For contracts providing for the regular delivery of goods over a defined period, the period begins from the receipt of the first good.

NOTE: In accordance with Article 34 of Law No. 2014-344 of March 17, 2014, these provisions introduced by Article 9 of the said law apply to contracts concluded after June 13, 2014. In accordance with current legal provisions, the customer has a period of 14 days to exercise their right of withdrawal without having to justify the reason or pay a penalty, except, where applicable, for return costs as soon as the product has left the manufacturing or storage site, i.e., handed over to the carrier. In accordance with applicable regulations, the customer will be refunded by the same payment method used when the contract was recorded, within 14 days following the notification of the exercise of the right of withdrawal. It is understood that all necessary precautions must be taken to ensure the safe return of the product allowing its resale. The consumer must ensure proper packaging and take all precautions for the return journey. The return of the merchandise is at the customer's expense and must be carried out within 14 calendar days from the delivery date to the address provided to the customer by our services. The return transport of the product(s) is at the customer's expense and responsibility. Special service items are not refunded. In any case, there is no obligation to return items with their original packaging, but each returned item must be packaged with all necessary protections to ensure its return in equivalent safety conditions.

In the case of an unmotivated refusal of delivery for a package with or without a pallet, where the total dimensions (length + width + height) are less than 300 cm, the return transport cost will be the cost of the outbound shipping plus a fixed processing fee of €25 excluding VAT. This amount will be deducted directly from the refund. Goods customized according to the consumer's specifications are excluded from this right of withdrawal. Any item made to specific dimensions, finishes, and/or colors requested by the customer is excluded from the right of withdrawal.

10.  Liability

The products offered are in compliance with current French legislation and applicable standards in France. For any purchase made and intended for use outside the national territory, the consumer must ensure that the item complies with the legislation in force in the destination country. Liénou cannot be held responsible for the exportation of a product purchased on the site.

11.  Force majeure

Liénou is fully responsible to the consumer for the proper execution of the obligations arising from the contract concluded at a distance, whether these obligations are to be performed by Liénou, who concluded the contract, or by other service providers, without prejudice to its right of recourse against them. However, Liénou can be relieved of all or part of its responsibility by proving that the non-performance or improper performance of the contract is attributable either to the consumer, to an unforeseeable and insurmountable event caused by a third party to the contract, or to a case of force majeure.

12.  Legal warranty

12.1. Warranty for latent defects (Art. 1641 to 1649 of the French Civil Code.)

Notwithstanding the specific guarantees, Liénou informs its Clients that they benefit from the legal warranty against hidden defects on all Products, in accordance with Article L211-1 of the Consumer Code, which incorporates Articles 1641 to 1648 of the Civil Code. This warranty allows the Client, who proves the existence of a hidden defect, to choose: repair, refund of the price against the return of the Product, or refund of only a part of the price without returning the Product.

12.2 Warranty of conformity and applications

1.Product Conformity with the Order (Article L217-4 and following of the Consumer Code): "The seller is obliged to deliver a good that conforms to the contract and is liable for defects in conformity existing at the time of delivery; They are also liable for defects in conformity resulting from the packaging, assembly instructions, or installation when these were charged to them by the contract or were performed under their responsibility" (Article L217-4). Liénou commits to replacing (or refunding in case of impossibility) products that do not conform to the orders at no cost to the client.

2. Verification of Conformity by the Consumer at the Time of Delivery: The consumer must carefully check, at the time of delivery and in the presence of the delivery person, that the delivered goods conform to the order. If the client accepts the goods without reservation, they will then be considered as conforming to the order.

·      If the delivered goods do not conform to the order, the client must refuse them and, in this case, indicate the reasons for refusal on the delivery slip.

·      If the consumer has accepted the goods without having conducted this examination and the goods prove to be non-conforming to the order, Liénou will be unable to consider any client complaints. The consumer has the option to return it to the seller at their own expense and under conditions: the return must be justified (specific declaration of defects) and must be made within the timeframes provided in the delivery contract, i.e., within 3 days of receiving the said goods. Otherwise, the goods will be considered delivered in accordance with the order, and no claim can be recorded.

Express Provisions: RECEIPT OF A DAMAGED PRODUCT (damage and breakage)

If, at the time of checking the goods, it appears that they have been damaged during transport, the client must refuse them and, above all, make precise written reservations on the delivery slip (item reference and a detailed description of the damages noted per item). Following this, the client has a maximum of 72 hours to inform us via email at support@lienou.fr of the reservations made with the carrier and to send a complete file (reservation letter addressed to the carrier, description, photos...), under penalty of forfeiture.

The client is informed that Liénou’s commitment to replacement or refund in case of non-conformity for transport-related damages, shocks, and breakages will be conditional upon compliance with the receipt procedure, namely, the refusal of the defective product and the formulation of written reservations on the carrier’s delivery slip and confirmation of these reservations to Liénou within three working days by email at support@lienou.fr or by registered letter with acknowledgment of receipt.

The client must immediately inform Liénou of the delivery refusal or the detected non-conformity by sending an email to support@lienou.fr. The client must specify in this email the product concerned (reference number) as well as the reasons for the delivery refusal and/or claim. See also the section "return of a product." The client will then have the choice between the delivery of a product identical to their order or a refund. If a refund is required, it will be processed within a maximum of 30 days from the return of the damaged product and subject to its receipt under the recommended conditions (see product return). This will be done via bank transfer to the account details corresponding to the billing name on the order form or by crediting the client’s account if the payment was made by card.

13.  Commercial warranty

1.3.1 For all information or question

Liénou’s Customer Service is available to the client via email at the following address: support@lienou.fr. For any email correspondence with Liénou, please use the email address associated with your customer account. This allows for faster processing of your order.

13.2 Scope of our commercial warranty

Products are guaranteed, according to the duration indicated at the time of purchase, from the date of delivery against all manufacturing, design, or material defects. During the warranty period, Liénou commits to repairing, exchanging, or refunding products deemed defective by its services. Replaced products benefit from the remaining warranty period.

The warranty does not cover:

– Damage to the product resulting from normal wear and tear considering its nature, function, composition, and price;

– Minor differences observed in the products as defined in Article 4;

– Products that have been used excessively, especially for purposes other than those intended;

– Any defects in the product that may result from improper installation, storage, preservation, or assembly (non-compliance with assembly instructions), lack of maintenance, improper use, or use not in accordance with technical or usage specifications (non-compliance with maintenance and care instructions), modifications or repairs made by the buyer or a third party, damage caused by external objects (e.g., a television of excessive weight on furniture not designed for this use), external events such as accidents, shocks, fires, vandalism, water damage, natural or artificial light (in case of discoloration), natural disasters, or weather conditions.

13.3 Product returns

The client must notify Liénou of their intention to return the product by their preferred method. The returned product must be sent to the address provided by our services and must be collected by Liénou in the condition it was received, in its original packaging (which alone ensures proper transport of the product) with all the included elements and accessories (user manual, various accessories, etc.). Liénou will only proceed with the repair, refund, or replacement of the product once the said product has been returned to Liénou. Any product that is incomplete, damaged, or whose packaging does not sufficiently protect the product will neither be accepted, nor exchanged, nor refunded. The sender must therefore ensure proper packaging and handling of the equipment being sent.

14.  Consumer Claims and Disputes

In case of an unsatisfied claim, the client must submit their dispute in writing to Liénou (Postal Address: 61 rue de Lyon, 75012 Paris. Email: support@lienou.fr).

a) We will make every effort to address any valid request within a maximum of 4 weeks.

b) In accordance with Article L.612-1 of the Consumer Code, our company has established a mediation system: if the commercial dispute is not resolved within 2 months, you may contact the consumer mediator according to the following procedures:

- Information and digital submission (via form) for mediation requests: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

- Sending of files by postal mail: membership in progress

c) Should the need arise, the parties retain the right to bring the matter before the competent court.

15.  Modification of service or general sales agreements

We reserve the right to make changes to our Website, our procedures, and our terms and conditions, including these General Terms and Conditions of Sale, at any time. You are subject to the terms and conditions, procedures, and General Terms and Conditions of Sale in effect at the time you place an order with us, unless a change to these terms and conditions, or these General Terms and Conditions of Sale is required by an administrative or governmental authority (in which case, this change may apply to previous orders you have placed). If any provision of these General Terms and Conditions of Sale is deemed invalid, null, or unenforceable for any reason, such provision shall be deemed divisible and shall not affect the validity and enforceability of the remaining provisions.

A change in legislation, regulation, 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 change or finding shall in no case allow the Client to disregard these General Terms and Conditions of Sale. If a condition is not explicitly mentioned, it shall be considered governed by the practices in force in the distance selling sector where companies are based in France. These Conditions, specifically dated, may be amended at any time by Liénou. The applicable Conditions are those in effect at the date of the order. The most recent date of modification of these General Terms and Conditions of Sale appears at the top of these conditions.

16.  Disclaimer

If you breach these General Terms and Conditions of Sale and we do not take action, we shall still be entitled to exercise our rights and remedies in all other situations where you violate these General Terms and Conditions of Sale.

17.  Children

We do not sell products to minors. If you are under 18 years old, you may only use the Lienougroup.com Website under the supervision of a parent or guardian.