These terms and conditions (together with the information and rules contained in the "Customer Service" pages on the Site and any other documents to which these terms and conditions refer) (the Terms and Conditions) set out the legal terms that apply to your use of the Site www.damienlebrun.com, the purchase of products from Damien Lebrun SAS (VAT number FR38884981481) whose registered office is at 14 BD de la Chapelle, 75018, Paris.
Your purchases of any products offered on the Site (the Products) are subject to these terms and conditions, and by placing an order you agree to be bound by these Terms and Conditions. You should print a copy of these terms and conditions for your reference. The use of your personal information given to or through the Site is governed by our Privacy and Cookies Policy.
We reserve the right to change the terms and conditions at any time, by amending them on the Site, without retrospective effect: any such changes will not affect orders already placed.
It is your responsibility to ensure that your equipment (computer, laptop, tablet or other mobile device) is compatible with the technical specifications necessary to access and use the Site, and is compatible with the Site.
At any time, we may limit access to all or part of the Site for certain registered customers. You must ensure that the information you provide when you register is accurate. If you choose credentials or if credentials are given to you as part of our security procedures, you must treat them as confidential information and must not share them with anyone. You are responsible for all activity on your account and must report any unauthorised use or other fraudulent activity to us immediately upon becoming aware of it. We reserve the right to disable any login or account at any time if we believe that you have not complied with the provisions of these terms and conditions or if any details provided for your registration are found to be false.
The Site is owned by Damien Lebrun SAS. These Services include, but are not limited to, the payment process, customer service, Site hosting and delivery services.
Please note that the delivery service is provided to you by Damien Lebrun SAS, and that by accepting these terms and conditions you form a contract for the delivery service with Damien Lebrun. Damien Lebrun is entitled to demand payment, of which you will be informed before payment is made for your purchases.
The Products are owned and sold on the Site by Damien Lebrun SAS. Damien Lebrun SAS strives to be as accurate as possible in describing the Products. However, we cannot guarantee that they are completely accurate, complete, reliable or error-free. The product images on the Site are for illustrative purposes only. While we strive to show colours accurately, we cannot guarantee that the colour display on your computer will accurately represent the colour of the products. As a consumer, you have rights regarding any products that are defective or not as described. Advice on your rights can be obtained from your local Citizens Advice Bureau. Nothing in these Terms and Conditions will affect those rights. The products sold are provided for your purely domestic and personal use. You agree that you will not use the products for commercial or resale purposes. We shall have no liability to you for any loss of profit, business interruption, or loss of earnings.
It is your responsibility to ensure that your equipment (computer, laptop, tablet or other mobile device) is compatible with the technical specifications necessary to access and use the Site, and is compatible with the Site.
At any time, we may limit access to all or part of the Site for certain registered customers. You must ensure that the information you provide when you register is accurate. If you choose credentials or if credentials are given to you as part of our security procedures, you must treat them as confidential information and must not share them with anyone. You are responsible for all activity on your account and must report any unauthorised use or other fraudulent activity to us immediately upon becoming aware of it. We reserve the right to disable any login or account at any time if we believe that you have not complied with the provisions of these terms and conditions or if any details provided for your registration are found to be false.
Products can be ordered by clicking on the items you wish to purchase, and following the on-screen instructions. You will be able to change all the information until the order is confirmed, when you click on "Proceed to Payment" on the payment page.
After placing your order, you will receive an email from us confirming the registration of your order and giving you a reference number. Please note that this email does not mean that your order has been accepted. Your order constitutes an offer to purchase one of our Products. All orders are subject to our approval. We are under no obligation to accept your order and may, at our discretion, decline to accept any order. However, by clicking "Proceed to Checkout" you accept the obligation to pay for the Product(s). If we accept your order, we will send you an email to confirm dispatch (the Dispatch Confirmation) of the order. The contract for the Product(s) ordered which is formed between you and us (the Contract) will only be concluded when we send you the Dispatch Confirmation. After the Contract has been formed, we will be obliged to supply the goods to you in accordance with the Contract.
The Contract will only relate to the Product(s) confirmed for despatch in the Despatch Confirmation. We will not be obliged to supply any other Product(s) which may have formed part of your order until a further Confirmation of Dispatch in respect of them has been sent.
You may only use the Site for non-commercial purposes and in accordance with these terms and conditions. You may retrieve and display the content on a computer screen, print and copy multiple pages and, subject to the next section, save those pages in electronic form. Additional terms are applicable to certain articles, parts and contents of the Site, if such terms are applicable, they will be displayed on the screen or accessible via a link.
Other than as set out in these terms and conditions, you may not:
"hoard" content or save content from the Site to a server or other storage device connected to a network or create an electronic database by systematically downloading content from the Site;
Delete or modify the content of the Site, or attempt to circumvent our security features or interfere with the normal operation of the Site or the servers on which it is hosted;
or link to the Site from another website without our written consent. You may, however, create a link from a site that you maintain, so long as the link is not misleading or deceptive and clearly states its purpose, so long as you do not indicate that we endorse you, your website, or the products and services you offer, so long as the link redirects to the home page of our site and not to a replica, and that the linked site does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or in violation of any intellectual property or other rights of any third party.
You must use the Site and the material on the Site lawfully (in accordance with all applicable laws and regulations), responsibly, and in no way in a manner that may damage our name, reputation or that of our partners. Any rights granted in accordance with these terms and conditions will terminate upon your breach of them.
All intellectual property rights in the content of the Site (including text, graphics, software, photos and other images, videos, sounds, trademarks and logos) belong to Damien Lebrun SAS. Other than as set out in these terms and conditions, you have no rights to the intellectual property owned by us or our licensors, and you acknowledge that you do not obtain any ownership rights by downloading any of the content of the Site. If you print off, copy or save any pages from the Site (in accordance with these terms and conditions), you must ensure that any copyright, trade mark or other proprietary notices contained in the original content are reproduced.
We may change the content and format of the Site from time to time. You agree that your use of the Site is on the basis of the content and format as it appears, and at your own risk.
Whilst we endeavor to ensure that all content on the Site (other than information provided by customers) is correct, the content should not be relied upon as an authority or advice to be followed. You should contact us to verify the information before acting on it.
We make no warranty as to the accuracy, completeness, currency of the information, integrity, quality, suitability or originality of any or all of the content of the Site, and in accordance with the Act all implied warranties, conditions and other terms are excluded and we accept no liability for loss or damage of any kind arising from the use by you or any other party of the content of the Site.
We cannot and do not guarantee that any part of the content of the Site is free from viruses and/or other code that may contain contaminating or destructive features. It is your responsibility to implement the necessary electronic security safeguards (including anti-virus and other security processes) to ensure that the content meets your security and reliability requirements.
The Site may, from time to time, use external links which may include third party offers and promotions. We provide these links to external sites only to provide you with information, products and services that may be of interest or use to you. We are not responsible for the content of these sites or the products and services they provide, and do not guarantee that they will be available indefinitely. The inclusion of these links does not imply any endorsement by us of these associations and promoters.
These terms and conditions do not limit or exclude our liability for:
Death or personal injury caused by our negligence;
Fraudulent misrepresentation;
Breach of terms implied by the Consumer Rights Act 2015, which cannot, by law, be limited or excluded;
Breach of terms implied by Part I of the Consumer Protection Act 1987; or any other liability which cannot be limited by law.
Subject to this, in no event shall we be liable for any loss of profit, and any liability which may arise under the Contract shall not exceed the purchase price of the product(s) concerned and shall be limited to reasonably foreseeable losses. Foreseeable losses are losses that could have been foreseen by you or us at the time the order was placed.
We shall not be liable for any failure to perform, or delay in performing, our obligations under any Contract if this is the result of events beyond our reasonable control.
You may not transfer or assign any of the rights and obligations under any Contract.
Any notices you wish to give us must be given in writing to the address at the end of these terms and conditions. We will contact you either by email or by post at the address given when you placed your order.
If we are unable to enforce any of your rights, this does not constitute a waiver of that right.
If any provision of these terms and conditions is found to be unenforceable, all other provisions will remain unaffected. These terms and conditions may not be amended without our written consent.
These terms and conditions, and any documents referred to in these terms and conditions, represent the entire agreement between you and us relating to the subject matter of any Contract. We are required to inform you that Contracts may be entered into in the English language only and that no public filing requirements apply.
These terms and conditions are governed by English law, and you agree that any dispute between you and us in relation to any Contract will be resolved by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will be dealt with by the relevant courts.
