GENERAL TERMS AND CONDITIONS OF USE
The current general terms and conditions of use of the “unitedlegend.com” website (the “General Terms and Conditions of Use“) set out the legal terms which apply to the sale and purchase of products ordered (the “Products“) through the “unitedlegend.com” website (the “Website”).
An order shall mean the commitment to purchase all Products selected by the customer (the “Customer”) via the Website (the “Order”).
The Customer shall read the General Terms and Conditions of Use and often check them for any modifications. The Customer shall make sure that he or she understands them before placing an Order on the Website. If the Customer does not agree with any change to the General Terms and Conditions of Use, then he or she shall immediately stop using the Website.
Products purchased on the Website are sold by UNITED LEGEND SAS, a company registered in Mulhouse, France under the number 379145584000, having its registered seat at 22, Rue des Maréchaux, 68100 Mulhouse, France and whose intracommunity VAT number is FR20379145584; and THOMARIE GmbH, a company registered in Mannheim, Germany under the number 725805 having its registered seat at 22, Sophienstraße, 76530 Baden-Baden, Germany and whose intracommunity VAT number is DE308213168 (“United Legend“).
United Legend’s e-commerce activity is exclusively dedicated to final consumers, i.e. any individual who makes purchases for purposes unrelated to any business or professional activity eventually performed. If the Consumer is not a final consumer he or she shall refrain from entering into transactions with the Website. The Website reserves its right to not respond to Orders made by any Customer wishing to purchase Products for professional or business purposes or by any Customer not considered a final consumer or to any Orders not complying with its commercial policy as defined herein.
By using the Website, the Customer agrees to be bound by the General Terms and Conditions of Use. The General Terms and Conditions of Use may be amended at any time by United Legend, and the Customer’s continued use of the Website following such changes shall signify his or her agreement to be bound by the revised General Terms and Conditions of Use.
Revised General Terms and Conditions of Use shall apply to all sales and shall be effective on the date of their publication on the Website.
Every time an Order is made on the Website, the Customer shall be asked to confirm his or her agreement to the General Terms and Conditions of Use in place on that precise day. By sending out the Order form, the Customer acknowledges and agrees to be fully bound by the General Terms and Conditions of Use.
The current version of the General Terms and Conditions of Use can be viewed at any time by clicking on the “Terms and Conditions” tab, as accessible on the Website.
ARTICLE 1 - PRICE
The prices of the Products are stated in Euros including VAT. For purchases made from outside of Metropolitan France, the Customer is considered as the importer of purchased Products. For shipments to countries outside the European Union, the price stated on the invoice sent to the Customer does not include VAT or other taxes.
Prices may be shown with their equivalent in other currencies ($, £, ¥) for information purposes only. All Orders shall be paid in Euros.
Orders shipped to countries outside the European Union and France's overseas departments and territories may be subject to custom duties, local taxes, import duties, government taxes and/or other fees that are not the responsibility of the Website. If such additional charges are applicable, they must be borne by the Buyer who shall be solely responsible for filing all necessary returns and making all necessary payments to the relevant authorities and bodies in the country concerned. Unless expressly agreed otherwise, Orders shall be delivered DDU (Delivered Duty Unpaid), Incoterms 2000.
The Website reserves the right to modify its prices at any time. However, the Customer shall be invoiced on the basis of the prices in effect at the time the Order is made, subject to availability of the Products.
ARTICLE 2 - AVAILABILITY
Product availability on the Website is based on the availability of stocks. If a Product is unavailable after confirmation of the Customer’s Order, the Website shall inform the Customer as soon as possible by email. If a Product is not available, the Order shall be cancelled by the Website. The Website is not accountable for shortage or unavailability of Products. Errors concerning Orders may occur, namely in case of simultaneous Orders of the same Product by several different Customers.
ARTICLE 3 - ORDERS
By validating his or her Order on the Website, the Customer unconditionally and irrevocably accepts and agrees to engage with and to respect the General Terms and Conditions of Use. If the Customer does not agree with the terms specified in the General Terms and Conditions of Use, he or she shall not make Orders on the Website. By making an Order with the Website, the Customer confirms to know and to accept the General Terms and Conditions of Use without reservation.
Variations in colour and pattern of Products published on the Website may occur, due in particular to computer screen limitations in accurately displaying colour. The Website is not liable for inaccuracies in photographs or graphical representations of Products posted on the Website.
The Website invites Customers to check the accuracy of their selection before confirming their Order. Each Order made on the Website requires complete and accurate information provided by the Customer. The requested information includes, namely: title, name, phone number, email address, billing and shipping address. Once completed, the Order shall directly be processed for dispatch. A Customer may change or cancel his or her Order by contacting the Website’s customer service (the “Customer Service”), as defined in Article 8, by phone or email.
The Website reserves the right not to accept an Order from a Customer whom there is a dispute on a previous Order with, or if the Website reasonably believes that such Customer has violated the General Terms and Conditions of Use, or for any other legitimate reason.
A confirmation of the Customer’s Order shall be sent by email. The message shall contain the name, the quantity and the price of the Products. If the Customer does not receive an email following his or her Order, he or she shall contact the Website’s Customer Service by email or phone via the email address and/or phone number located on the Website’s contact page and in Article 8.
Customers may create an account to save their billing and delivery information for future Orders. By doing so, Customers agree, at their own risk, to keep their password and all other information confidential and to never disclose them to third parties. Any purchase made through a Customer’s account shall be assumed to have been made by the Customer himself or herself. In case of loss, theft or unauthorised use of his or her account, the Customer shall immediately relay this information to the Website.
The Customer is able to place an Order without creating an account. He or she shall thus provide the following information: title, name, phone number, email address, billing and shipping address.
Customers who have received a voucher code for unitedlegend.com, by newsletter, through social networks or on approved promotional websites, can insert this code during checkout. Each voucher code has a validity, start and end date, which limits its use and cannot be extended. Voucher codes are not cumulative. Only one voucher code can be used per order. Voucher codes are not valid on sale items or other discounted items. Voucher codes are only valid for orders placed online.
ARTICLE 4 – PAYMENT
The Customer may use any of the following payment methods to pay for his or her Order:
- Debit or credit card (Visa, Mastercard or American Express)
All payments made on the Website are encrypted and secured by PayPal.
ARTICLE 5 – DELIVERY
Products shall be sent to the delivery address indicated by the Customer when placing his or her Order. All deliveries, in France and worldwide, are made by DHL or by any other carrier of high repute.
Delivery costs are automatically calculated and depend on the Products ordered, the geographical location and the selected delivery method. Delivery costs appear in the total amount to be paid by the Customer except when free shipping is applicable.
A tracking number shall be sent by email to the Customer after checkout. The Customer shall then be able to track his or her Order from dispatch until arrival on the website of the delivery service by indicating the tracking number.The Customer shall examine all goods at the time of receipt and record any damages or shortages in writing on the carrier's delivery note. Claims shall be made by telephone or email to the Website’s Customer Service within 72 hours.
ARTICLE 8 – CUSTOMER SERVICE
For any information or question, to follow Orders, to exercise the right to cancel and return an Order or to obtain warranty service, the Customer shall contact the Website’s Customer Service by email at firstname.lastname@example.org.
ARTICLE 9 – INTELLECTUAL PROPERTY
All intellectual property rights, including copyright, on the Website and its contents including text, comments, articles, illustrations and images, are protected worldwide and are all rights reserved. In accordance with France's Intellectual Property Code (Code de la Propriété Intellectuelle), only private use of the Website and its content is tolerated.
Any other use without the Website's prior consent shall be viewed as an infringement of its rights and is punishable under French Intellectual Property laws. Total or partial reproduction of the Website is strictly prohibited. All rights reserved.
ARTICLE 10 - WARRANTIES
Products are guaranteed against compliance defects and latent defects in accordance with Articles 1641 to 1649 of the Civil Code and L 211-1 et seq. of the Consumer Code, as of delivery:
Article 1641 of the Civil Code: the seller is obliged to provide a warranty against hidden defects of the product sold which render it unfit for the use for which it was intended, or that decrease this use so that the purchaser would have not purchased it, or would have paid a lower price if he/she had known.
Article 1648, paragraph 1 of the Civil Code: the action resulting from latent defects shall be filed by the purchaser within two years after discovery of the defect.
Article L. 217-4 of the Consumer Code: the seller shall deliver goods in compliance with the contract and liable for compliance defects existing at the time of delivery. It also addresses lack of compliance resulting from the packaging, instructions for assembly or installation when it was assigned this by the contract or carried out under its responsibility.
Article L. 217-5 of the Consumer Code: to comply with the contract, the product shall:
Be suitable for the purpose usually expected of a similar product, and where appropriate:
correspond to the description given by the seller and possess the qualities that it has presented to the purchaser as a sample or model;
feature the qualities that a purchaser might reasonably expect given the public statements made by the seller, the manufacturer or its representative, particularly in advertising or labeling;
Or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the purchaser made known to the seller and the latter accepted.
Article L 217-12 of the Consumer Code: the action resulting from lack of compliance is recorded within two years after delivery of the goods.
This guarantee allows the Customer to return the defective or non-compliant Product delivered for a refund under the aforementioned conditions.
ARTICLE 11 – LIABILITY
All Products offered on the Website comply with current French legislation and regulations. Customers in other countries are responsible for requesting information from their local authorities about importing or about the use of the Products
United Legend reserves its right to change the General Terms and Conditions of Use at any time.
The responsibility of United Legend cannot be retained in the event that one of its contractual obligations is not fulfilled resulting from a fortuitous circumstance or force majeure as defined by case law rendered by French courts.
Notably, United Legend shall not be held responsible for any non-performance or delay in the execution of Orders, caused by events outside its control ("Case of Force Majeure").
A Case of Force Majeure includes any act, event, non-performance, omission or accident beyond the control of Sandro and particularly includes (but is not limited to):
Strikes, closures or other industrial actions;
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war;
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters.
Inability to use transportation by train, boat, plane, roads or other means of private or public transportation;
Inability to use public and private telecommunications networks;
Acts, decrees, legislation, regulations or restrictions of all governments; and
Strike, failure or accidents of maritime, postal or other shipping transportation.
The execution of the General Terms and Conditions of Use shall be suspended for as long as the Case of Force Majeure continues and the execution and delivery lead times shall be extended accordingly. United Legend will endeavour as far as possible to end the Case of Force Majeure or to find a solution allowing it to fulfil its contractual obligations despite the Case of Force Majeure.
ARTICLE 12 – PERSONAL DATA
The Customer is informed that all personal data and information collected when he or she places Orders is handled by the Website solely for the purposes of processing such Orders. It may not under any circumstances be disclosed to third parties. This information remains confidential and is kept secure by the Website.
With his registration on the Website, the Customer agrees to receive newsletters, offers, promotions and information via email from the Website by default. If the Customer does not want to receive newsletters, offers, promotions and information via email from the Website by default, the Customer can uncheck the box "Sign up for our newsletter” during checkout or unsubscribe by clicking on “unsubscribe” in the newsletter.
The Customer may refer any concerns about the processing of his or her personal data directly to the Website, by using its Customer Service.
In accordance with the Data Protection Act of January 6th, 1978 (declaration number 1733208 v 0), the Customer shall have the right to access, rectify and oppose to any personal data registered about him or her. To do this, the Customer has to send a request by email to: email@example.com.
ARTICLE 13 – APPLICABLE LAW AND JURISDICTION
The General Terms and Conditions of Use shall be governed by and construed in accordance with the laws of France; the Vienna Convention on the sales of goods is excluded. In case of legal dispute(s), the court of Mulhouse in France shall have exclusive jurisdiction.
© 2017 unitedlegend.com