Terms and Conditions of Sale

ARTICLE 1 - PURPOSE OF THE TERMS AND CONDITIONS

  • LxA acts as a service provider for the Société d'Exploitation de la Tour Eiffel, hereinafter referred to as "SETE", for the marketing of products on the Eiffel Tower's online boutique, hereinafter referred to as "The Boutique", accessible via the Internet at https://shop.toureiffel.paris, hereinafter referred to as the "Site"..
  • These General Terms and Conditions of Sale, hereinafter referred to as the "GTC", are entered into between, on the one hand, the company LAGARDERE X ARTEUM SAS with capital of €50,000 RCS: B 845 385 863, Nanterre - Head Office: 4-10 Avenue André Malraux, 92300 Levallois-Perret, telephone: 01 40 87 26 00, hereinafter referred to as LxA, - and on the other hand, persons wishing to make a purchase via The Boutique accessible via the Site, hereinafter referred to as the "Customer".
  • The GTCS describe the terms and conditions of distance selling of goods, hereinafter referred to as the "Products", and define the obligations and rights of the parties in this respect.

ARTICLE 2 - SCOPE OF APPLICATION

2.1. These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales of Products concluded between LxA and the Customer, from the SETE Site.

2.2. The GTC are accessible at all times on the Site and will prevail, if necessary, over any other version or any other contradictory document.

As these GTC may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the Site on the date the order is placed.

Modifications to these GTC are enforceable against users of the Site from the date they are posted online and cannot be applied to transactions concluded previously.

ARTICLE 3 - PRODUCT CHARACTERISTICS

3.1. The Products offered for sale on the Shop are described in such a way as to enable the Customer to know their main characteristics, and in particular their specifications, illustrations, as well as their price including VAT and delivery costs. It is the Customer's responsibility to refer to the description of each Product to find out about its properties, essential features and delivery times. Any order implies acceptance of the prices and description of the products available for sale.

3.2. The choice and purchase of a Product is the sole responsibility of the Customer.

3.3. The photographs and graphics presented on the Site are not contractual and do not engage the responsibility of LxA.

3.4. Contractual information is presented in French, English and Spanish and is confirmed at the latest when the order is validated by the Customer.

3.5. In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned. For all Products shipped outside the European Union and DROM-COM, the price will automatically be calculated exclusive of tax on the invoice. Customs duties or other local taxes, import duties or state taxes may be payable. They will be charged to the Customer and are the sole responsibility of the Customer.

Any order placed on the site shop.toureiffel.paris constitutes the formation of a contract concluded remotely between the customer and the online store, and necessarily implies the irrevocable acceptance by the user, without restriction or reservation, of the GTC.

ARTICLE 4 - PRODUCT OFFER VALIDITY PERIOD

Product offers are subject to availability, as specified when the order is placed. LxA may offer for sale on its Site, Products whose price and availability will be limited in time.

ARTICLE 5 - ORDERS

5.1. Customer registration

All orders are subject to the Customer's registration on the Site.

5.2. Ordering

5.2.1. It is up to the Customer to select on the Site the Product(s) he wishes to order, according to the following procedures:

  • The Customer searches the Shop for a Product using the search engine or the tree structure
  • The Customer selects the desired Product(s)
  • They then simply click to add the Product(s) to be ordered to their shopping cart.
  • He/she places the order by carefully checking the Product(s) selected, the quantities, the shipping costs and the price in euros including all taxes for residents of the European Union, excluding taxes (for Products) for residents outside the European Union.
  • Shipping costs vary according to the Product(s) ordered and the delivery address(es)
  • The customer also checks the delivery address and the billing address, if the latter is different
  • He/she is informed that the order commits him/her to payment and validates the GTC
  • The customer pays for the order in full by clicking on the "Order and Pay" button.

As soon as the Customer has paid in full, the sale is complete and the price has been debited from the Customer's bank account.

5.2.2. It is the Customer's responsibility to verify the accuracy of the order and to immediately report or rectify any errors that may be emanating from the Site.

5.2.3. An e-mail confirming that the order has been taken into account is immediately and automatically sent by the Site.

5.2.4. The data recorded in the Shop's computer system constitutes proof of all transactions concluded with the Customer.

Unless the Customer has placed an order in "Guest" mode, he/she will be able to follow the progress of his/her order on the Site after logging into his/her account.

5.3. Order modification

Once payment has been made, under the conditions described above, the order cannot be modified by the Customer.

5.4. Product availability

In the event of temporary or definitive total or partial unavailability of the Product ordered, the Shop will notify the Customer by e-mail within 48 working hours (Monday to Friday) in response to the Customer's order. In any case, it is possible that a Product declared available in the confirmation e-mail may no longer be available within a few minutes, due to the specificities of the Boutique's ordering process.

In this case, the Customer will be offered a similar Product or cancellation of the order within 48 working hours. If the order is cancelled, the Customer will be reimbursed by crediting the original method of payment.

5.5. Order cancellation

Once payment has been made, under the conditions described above, the order cannot be cancelled, except in the event of an obvious error on the part of the Boutique, the exercise of the Customer's right of withdrawal or in the event of force majeure.

ARTICLE 6 - PRICES

6.1. The Products are supplied at the prices freely fixed by the Shop as shown on the Product description sheet.

6.2. Prices are indicated in euros and include VAT, but exclude delivery costs.
The amount of delivery costs for all Products is applied when the Customer confirms the order.

6.3. For certain Products subject to ecotaxes or environmental unit costs, these must appear separately on the Site and on the invoice sent to the Customer.

6.4. As soon as payment has been validated, the Shop will send the invoice to the Customer by e-mail. The invoice will also be available on the Customer's account.

ARTICLE 7 - TERMS OF PAYMENT

7.1. The price is payable via the payment service provider chosen by the Boutique, which collects the corresponding amount in full on the day the order is placed by the Customer, by secure payment, exclusively by bank card: Visa, MasterCard, and other bank cards, payment secured by a TLS (Transport Security Layer) module and 3D Secure control.

7.2. Payment by credit card is irrevocable, except in the event of fraudulent use of the card. In this case, the customer may request the cancellation of the payment and the return of the corresponding sums, after lodging a complaint and stopping payment with his or her bank.

7.3. Payments made by the Customer will only be considered final once the amounts due have been effectively collected by the payment service provider.

7.4. The Shop shall deliver the Products ordered by the Customer if the Customer has paid the price in full in accordance with the above conditions.

7.5. In addition, the Shop reserves the right, in the event of non-compliance with the terms of payment set out above, to suspend or cancel the delivery of current orders placed by the Customer.

The Customer shall not be charged any additional costs beyond those incurred by the Shop for the use of a payment method.

ARTICLE 8 - DELIVERIES

8.1. The Products ordered by the Customer will be delivered to Metropolitan France, the French overseas departments and territories (DROM COM) and other countries accepted by the Shop within the delivery time indicated on the Product sheet, plus the time required for processing and delivery to the address indicated by the Customer when placing the order on the Site.

8.2. Delivery is constituted by the transfer to the Customer of physical possession of the Product.

8.3. Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at the same time.

8.4. The Shop undertakes to use its best efforts to deliver the products ordered by the Customer within the times specified above. However, these delivery times are given as an indication only.

8.5. In the event that the Products ordered have not been delivered within thirty (30) days of payment, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer. The sums paid by the Customer will then be reimbursed no later than fourteen (14) days following the date of termination of the contract, to the exclusion of any compensation or deduction.

8.6. Deliveries are made by an independent carrier, at the Boutique's discretion, to the address given by the Customer at the time of ordering and to which the carrier has easy access.

8.7. Delivery is made to the Customer's home address or to any other address of the Customer's choice.

8.8. At the same time as delivery and before signature, the customer must check the apparent conformity of the product to the order (product not ordered, damaged product, quantity problem). In this respect, he/she must make any necessary reservations when handing over the parcel for signature. Signature without reservation implies acceptance and the absence of any apparent defect.

The Customer may also take any useful action in the event of a lack of conformity as referred to in article 11.

ARTICLE 9 - TRANSFER OF OWNERSHIP - TRANSFER OF RISK

The transfer of ownership of the Shop's Products to the Customer will only take place once the package has been delivered by the carrier..

Likewise, the transfer of the risks of loss and deterioration relating to the Products will only take place when the Customer takes physical possession of the Products..

ARTICLE 10 - RIGHT OF WITHDRAWAL

10.1. In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from the Shop, without having to give any reason or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) clear days following notification to the Shop of the Customer's decision to withdraw..

The right of withdrawal is exercised using the withdrawal form available either in Appendix 1, to be sent by post, or via the link visible in the invoice received upon payment of the order..

10.2. Returns must be made in their original, complete condition (packaging, accessories, instructions, etc.) so that they can be remarketed as new, accompanied by the purchase invoice and any return label.

Products that are damaged, used, soiled or incomplete will not be taken back.

10.3. If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be reimbursed, with the cost of returning the Product(s) remaining the responsibility of the Customer.

The refund will be made within fourteen (14) days of receipt of the Product, by crediting the means of payment used for the purchase.

10.4. In particular, the Customer may not exercise this right of withdrawal in the following cases:

  • supply of services fully performed before the end of the withdrawal period and whose performance has begun after prior express agreement by the consumer and express waiver of his right of withdrawal,
  • supply of goods made to the consumer's specifications or clearly personalized,
  • supply of goods liable to deteriorate or expire rapidly,
  • supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection,
  • supply of audio or video recordings or computer software when unsealed by the consumer after delivery.

ARTICLE 11 - SELLER'S LIABILITY - WARRANTY

11.1. The Products sold through the Shop comply with the regulations in force in France.

11.2. Irrespective of the right of withdrawal, the customer is automatically entitled to the following benefits, without further payment, in accordance with the law:

  • the legal guarantee of conformity, for apparently defective, spoiled or damaged Products or Products that do not correspond to the order
  • the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use.

Consumers have a period of two years from the date of delivery of the goods in which to invoke the legal warranty of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.

The legal warranty of conformity obliges the professional, where applicable, to provide all updates necessary to maintain the conformity of the good.

The legal guarantee of conformity gives the consumer the right to repair or replace the good within thirty days of his request, free of charge and without any major inconvenience for him.

If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.

If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.

The consumer may obtain a reduction in the purchase price by retaining the good or terminate the contract by obtaining a full refund against return of the good, if:

  • the professional refuses to repair or replace the good,
  • the repair or replacement of the good takes place after a period of thirty days,
  • the repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-conforming good, or if he bears the costs of installing the repaired or replacement good,
  • the non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.the consumer is also entitled to a reduction in the price of the goods or to rescission of the contract when the lack of conformity is so serious as to justify immediate reduction in price or rescission of the contract. In such cases, the consumer is not obliged to request repair or replacement of the goods beforehand.
  • The consumer is not entitled to rescind the sale if the lack of conformity is minor.

Any period during which the product is immobilized for repair or replacement suspends the warranty remaining until delivery of the repaired product.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who obstructs the implementation of the legal conformity guarantee in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).

The consumer also benefits from the legal warranty against hidden defects, in application of articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the good is kept, or to a full refund in exchange for the return of the good.

11.3. Any complaint to this end must be made using the contact form available on the Site, indicating the order number concerned.

The Customer may agree with the Boutique to return the guaranteed Products, in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).

Before any return, the Customer must make a return request via the contact form, specifying the reason for the request as "Return and refund". If the request is accepted, the Shop will inform the Customer of the terms and conditions of the return.

11.4. The Shop will refund, replace or repair Products or parts under warranty that are found to be non-conforming or defective.

Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.

Refunds for Products found to be non-conforming or defective will be made as soon as possible and no later than fourteen (14) days following the Boutique's discovery of the non-conformity or hidden defect.

The refund will be made by crediting the Customer's payment method used at the time of purchase.span>

11.5. The Boutique cannot be held responsible in the following cases:

  • non-compliance with the legislation of the country to which the Products are delivered, which it is the Customer's responsibility to verify
  • in the event of misuse, improper storage, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.

La garantie de la Boutique est, en tout état de cause, limitée au remplacement ou au remboursement des Produits non conformes ou affectés d'un vice.

11.6. In addition to the legal warranties of conformity and latent defects, Products purchased from the Shop may benefit, where applicable, from a contractual warranty provided free of charge or for a fee as indicated in the description of each Product concerned, in accordance with the terms, conditions and prices indicated in the Product description.

ARTICLE 12 - PROTECTION OF PERSONAL DATA

Pursuant to Law 78-17 of January 6, 1978, amended by Law no. 2018-493 of June 20, 2018, it is reminded that the personal data, hereinafter the "Data" requested from the Customer by the Shop are necessary for the processing and dispatch of the Customer's order.

Customer Data is collected and processed in strict compliance with the Shop's privacy policy, which can be accessed here.

The Shop undertakes to ensure the security of the Data it stores for the purposes of fulfilling and tracking orders.

The processing of information communicated via the Site complies with legal requirements in terms of data protection, and the information system used ensures optimum protection of such data.

In accordance with current national and European regulations, the customer has a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him or her.

This right may be exercised under the terms and conditions defined on the Site by sending a detailed message to the e-mail address dpo@arteum.com.

ARTICLE 13 - INTELLECTUAL PROPERTY

The graphic design, functionalities and content of the Site are protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 14 - UNFORESEEN CIRCUMSTANCES

It should be noted that in the event of a change in circumstances unforeseeable at the time of conclusion of the contract, in accordance with the provisions of article 1195 of the French Civil Code, the party who has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from his co-contractor.

ARTICLE 15 - FORCE MAJEURE AND ACTS OF GOD

The parties shall not be held liable if the non-performance or delay in performance of any of their obligations, as described herein, is due to an act of God or force majeure, as defined in article 1218 of the French Civil Code.

Force majeure or fortuitous event is understood to mean all cases, in particular total or partial strikes, blockades, lock-outs, disturbances, riots, machine breakdowns, epidemics, fires, floods, natural disasters or disasters caused by atomic fission and, as a general rule, all cases recognized by the case law of the French Supreme Court.

The party observing the event must immediately inform the other party of its inability to perform and justify this to the latter. The suspension of obligations shall under no circumstances give rise to liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.

As soon as the cause of the suspension of their mutual obligations has disappeared, the parties will make every effort to resume normal performance of their contractual obligations as soon as possible.

If the impediment is definitive or exceeds one (1) month, the present contract will be purely and simply cancelled after the first presentation of a formal notice notified by registered letter with acknowledgement of receipt.

Consequently, the order will be considered cancelled. The sums paid will be reimbursed.

ARTICLE 16 - TOLERANCE OR WAIVER

It is formally agreed between the Boutique and the Customer that any tolerance or waiver by one of the parties, in the application of all or part of the commitments provided for herein, whatever the frequency or duration, shall not constitute a modification of the present contract, nor generate any right whatsoever.

ARTICLE 17 - PARTIAL NULLITY

If one or more of the stipulations herein are held to be invalid or declared as such in application of a law, regulation or final decision of a competent court, the other stipulations shall retain all their force and scope.

ARTICLE 18 - PRE-CONTRACTUAL INFORMATION

18.1. The Shop displays pre-contractual information on all products visible on the Site, which must relate to the essential characteristics of the good or service, taking into account the communication medium used and the good or service concerned.

18.2. The Customer acknowledges having been informed, prior to the immediate purchase or the placing of the order and the conclusion of the contract, in a clear and comprehensible manner, of the present GCS and of all the information listed in article L.221-5 of the French Consumer Code, and in particular the following information:

  • essential product features
  • product prices
  • the date on which, or the period within which, the Boutique undertakes to deliver the product
  • information about the seller's identity, postal address, telephone number, e-mail address and activities, if not obvious from the context
  • information on legal and contractual warranties and how to make use of them
  • the possibility of resorting to conventional mediation in the event of a dispute
  • the conditions, period and procedures for exercising the right of withdrawal
  • the fact that the customer bears the cost of returning the goods in the event of retraction

ARTICLE 19 - LEGAL EFFECTS

19.1.Complete

The fact that a Customer places an order on the Site implies full and unreserved acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against the Shop.

19.2. Identification

Our contact information is as follows:

  • Site : https://shop.toureiffel.paris/en
  • LXA
  • Head office address: 4 Avenue André Malraux 92300 - Levallois-Perret
  • RCS number: B 845 385 863, Nanterre
  • Intracommunity VAT number: FR63845385863

ARTICLE 20 - APPLICABLE LAW - LANGUAGE

These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.

These terms and conditions are written in French, English and Spanish.

In any event, should they be translated into other languages, only the French text will prevail in the event of a dispute.

ARTICLE 21 - MEDIATION

The Customer is hereby informed that any consumer dispute must be referred to the Boutique before any request for mediation as described below.

In accordance with the provisions of articles L 611-1 and R 612-1 et seq. of the French Consumer Code concerning the amicable settlement of disputes: When the consumer has sent a written complaint to the professional and has not obtained satisfaction or a response within two months, he may submit his complaint free of charge to the consumer mediator. The mediator must be contacted within one year of the initial complaint.

The MCP MEDIATION mediator can be contacted directly online at the following address: https://mcpmediation.org/ or by post MÉDIATION DE LA CONSOMMATION & PATRIMOINE - 12 Square Desnouettes - 75015 PARIS

specifying:

  • your contact details
  • order number and/or customer number
  • the date of your order
  • the dispute encountered
  • the prior written steps you took with the Boutique before referring the matter to the mediator
  • solutions offered by the Boutique
  • what you expect from mediation

The Customer may also have recourse to any alternative dispute resolution method (conciliation or the online dispute resolution platform).https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=en, for example).

ARTICLE 22 - DISPUTES

22.1. All disputes are settled directly between the Customer and the Shop, using the contact form provided on the Site.

The Customer may thus notify the Shop of any complaint, in particular concerning the non-receipt of the Product, its non-conformity with the order or the receipt of a damaged Product.

The Customer and the Shop will use their best efforts to reach an amicable settlement of the dispute.

Depending on the case, the declared dispute will give rise either to the return of the Product ordered, or to a refund, under the conditions specified in these GTCS.

APPENDIX - WITHDRAWAL FORM

You can download the withdrawal form here.

Form to be completed and returned, except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable GTC.

AFTER-SALES SERVICE - QUESTIONS

If you have any questions about your order, you can contact us using the contact form.

Terms and conditions in effect on May 15, 2024

Last updated on May 15, 2024