Terms and conditions of sale

Lemaitre Sécurité SAS, 17 rue Bitschhoffen, 67350 LA WALCK, France
General Terms and Conditions of Sale for the Online Sales Website as of January 1, 2024

We strive to meet your expectations. In the event that you are not satisfied, we invite you to contact our customer service department.

Customer Service Contact Information:
Tel: +33 (0) 3 88 72 28 80
Monday to Thursday: 9:00 AM to 12:00 PM and 2:00 PM to 5:00 PM
Friday: 9:00 AM to 12:00 PM and 2:00 PM to 4:00 PM
Email: info@lemaitre-securite.com

If an amicable solution cannot be reached, you will, of course, retain all of your rights as stipulated in the general terms and conditions of sale below.

Article 1 - General Provisions

These general terms and conditions of sale are agreed upon between:

On the one hand, Lemaitre Sécurité SAS, with a capital of €915,075 (SIREN 558 500 203 00036), headquartered at 17 rue Bitschhoffen, Val de Moder, France (67350), with the unique identification number B 558 500 204 - RCS Strasbourg (the Seller),
And on the other hand, customers purchasing products as part of their professional activities (the Client) on the website www.lemaitre-securite.com.

These terms exclusively apply to orders delivered in mainland France, Corsica, Belgium, and Luxembourg.

Placing an order on the website implies the Client’s unconditional acceptance of the latest version of these general terms and conditions of sale, to the exclusion of any other documents issued by the Client.

Placing an order on www.lemaitre-securite.com requires the Client to have read and fully accepted, without reservation or exceptions, these general terms and conditions of sale.

Lemaitre Sécurité reserves the right to adapt or modify these general terms and conditions of sale at any time. In such a case, only the terms and conditions in effect at the time of the order will apply.

If any clause of these general terms and conditions of sale is declared null and void, the other provisions shall remain in effect.

Article 3 – Availability

Product and price offers are valid as long as they are visible on the website. If a product becomes unavailable after an order is placed—due to any reason, such as temporary stock depletion (e.g., simultaneous orders) or permanent unavailability—the entire order will be canceled. The Client will be promptly informed by customer service.

Article 4 – Prices

The prices of products sold are those in effect on the date the order is placed. Prices are stated in euros and calculated excluding taxes. Consequently, they will be increased by the applicable VAT rate and transportation fees on the date of the order.

The Seller reserves the right to change its prices at any time. However, the Seller commits to invoicing goods ordered at the prices indicated when the order was registered.

All taxes, duties, fees, or other charges applicable under French regulations or those of the importing country are the responsibility of the Client.

The proposed prices include any discounts or rebates that the Seller may grant.

Article 5 – Order

On the e-commerce website www.lemaitre-securite.com, the user cannot order more than 10 products of the same reference/size in a single order. For larger quantities, the customer is invited to contact the sales department at +33 (0)3 88 72 28 80 or via email at info@lemaitre-securite.com.

Article 6 – Payment

Payment for orders is made online at the time of purchase by bank card (Visa, MasterCard, and other credit cards).

During the final step of the order process, the customer is asked to enter their bank card number, expiration date, and the last three digits of the CVV code located on the back of the card.

The bank card will be charged at the time the order is validated through the MONETICO payment module.

The price is payable in full at the time the order is placed. The seller is not obligated to deliver the ordered products if the total price has not been fully paid in advance. Unless otherwise specified, the seller does not offer any discounts.

Any unpaid amount will incur penalties at a rate equal to three times the legal interest rate.

A fixed fee of 40 euros will apply for late payments to cover recovery costs, in accordance with Article L441-6 of the French Commercial Code.

The website is secured by the following systems:

• SSL encryption, enhanced with scrambling and encryption processes to protect sensitive payment-related data as effectively as possible.
• The 3-D Secure system, which limits the risks of online fraud related to the unauthorized use of payment card numbers.

In the event of non-payment, the sale will be automatically terminated without prior formal notice. The seller may request the return of the products without prejudice to any other claims for damages.

Customers, whether in France or abroad, agree to receive invoices in electronic format. These dematerialized invoices serve as the original invoice.

An electronic invoice is a bill (or flow) that is created, transmitted, received, and archived in electronic form, regardless of its specific format. For an invoice to be electronic, the entire invoicing process must be electronic.

To receive a paper invoice, the customer must request it by email at info@lemaitre-securite.com within 15 days of receiving the electronic invoice.

Article 7 – Delivery Terms and Deadlines

Delivery is carried out to the location specified by the customer at the time of the order, via the GLS carrier.

The seller exclusively delivers to mainland France, Corsica, Belgium, and Luxembourg. The seller reserves the right to cancel or refuse any order requesting delivery to an address outside this geographic area.

For stocked products, the delivery time is 72 hours from the time the shipment is handed over to the DPD carrier.

The delivery times stated on the website are calculated in business days. In the case of public holidays, the stated delivery time may be extended.

The delivery date is calculated by adding the preparation time for the shipment to the carrier’s delivery time.

The delivery time indicated when the order is placed is provided for informational purposes only and is not guaranteed.

As a result, any reasonable delay in the delivery of the products cannot entitle the customer to:

• Compensation for damages
• Cancellation of the order

Risk transfer occurs at the time of the shipment of the goods.

Article 8 – Withdrawal

In accordance with Articles L-221 of the French Consumer Code, the customer has a period of 15 calendar days from the receipt of their order to return to Lemaitre Sécurité any items they are not satisfied with, excluding discounted items. Return shipping costs are the responsibility of the customer, and a written request must be made in advance to our Customer Service: sav@lemaitre-securite.com.

Customer Service will provide the return procedure outlined on the following page: Article 9: Returns.

Returns must involve items that are new, in their original packaging, accompanied by all their possible accessories, instructions for use, and documentation. The items must not have been worn.

Items that are incomplete, damaged, or used will not be accepted. In the case of abnormal or abusive returns, Lemaitre Sécurité reserves the right to refuse a future order.

If the right of withdrawal is exercised, Lemaitre Sécurité is obligated to refund the amounts paid by the customer, without charge, except for shipping costs. The refund will be made within a maximum of 28 days and will be processed using the same payment method used during the purchase (crediting the amount of returned items back to the original bank card).

If the customer wishes to exchange an item for an identical item in a different size, they must make a return request to our Customer Service to return the unsuitable product. Lemaitre Sécurité Customer Service will then send the replacement pair free of charge.

Article 9 – Returns

For any product the Customer wishes to return, they must contact the Seller's Customer Service platform at +33 (0)3 88 72 88 88 or by email at sav@lemaitre-securite.com, providing their full contact details, order number, the item concerned, and whether the request is for an exchange or a refund.

Any product return must be subject to prior and explicit agreement between the Seller and the Customer. Any product returned without such agreement will be held at the Customer's disposal and will not result in the issuance of a credit note or exchange. No return will be accepted after a period of fifteen (15) days following the delivery date.

Any return accepted by the Seller will result in a refund of the product's price to the Customer, after qualitative and quantitative verification of the returned products.

In the event of an apparent defect or non-compliance of delivered products, duly notified by registered letter with acknowledgment of receipt within eight (8) days from the delivery date and confirmed by the Seller, the Customer may obtain a free replacement or a refund of the products, at the Seller's discretion, excluding any compensation or damages. The Customer must return the product in its original packaging.

The direct costs of return and the risks associated with the return are the responsibility of the Seller, subject to written agreement from the Seller's Customer Service platform.

Article 10 – Warranty and Liability

The products sold are covered by the legal warranty for hidden defects, as defined by Article 1641 of the French Civil Code.

In addition, the products are warranted for one year under normal conditions of use, from the date of sale. Under this warranty, the Seller's sole obligation will be to replace free of charge any items deemed defective by the Customer Service department, excluding all damages or compensation on any grounds whatsoever. Packaging and transportation costs remain the responsibility of the Customer.

Any applicable shipping costs will be borne by the Seller, subject to written agreement from the Seller's Customer Service platform.

Warranty interventions will not extend the warranty period.

Defects and damage caused by normal wear and tear, external accidents, improper use that does not comply with protection and safety standards or applicable regulations, third-party interventions, defective maintenance, or modifications to the product not foreseen or specified by the Seller are excluded from the warranty. Similarly, the warranty does not cover apparent defects.

Lemaitre Sécurité cannot be held liable for any damage caused by abnormal conditions of use, non-compliance with Lemaitre Sécurité's instructions and specifications, defective maintenance, improper storage, or normal wear and tear of the products.

Article 11 – Legal Warranties for Compliance and Hidden Defects

In all cases, the customer benefits from the legal warranty against eviction and hidden defects (Articles 1625 et seq. of the French Civil Code), provided that the buyer proves the existence of the hidden defect. The seller is legally required to remedy all consequences thereof (Articles 1641 et seq. of the French Civil Code).

In the event of an apparent defect or non-conformity of delivered goods duly noted by the seller under the conditions outlined in the "Delivery – Reception" section, the buyer may obtain a free replacement of the goods, excluding any compensation or damages. However, if the claims made by the buyer are unfounded, the seller is entitled to charge all costs related to transportation, inspection, and verification of the goods.

If the buyer takes legal action, it must be done within a "short period" after discovering the hidden defect (Article 1648 of the French Civil Code).

In addition to the legal warranty, the products are warranted for one year under normal conditions of use, starting from the date of sale to the buyer, as evidenced by the invoice date. Under this warranty, the seller's sole obligation will be to replace free of charge any items recognized as defective by the customer service department, excluding any compensation or damages of any kind. Any shipping, packaging, or transportation costs remain the responsibility of the buyer.

Warranty claims will not extend the warranty period.

Any claim under the contractual warranty must be made in writing, and the buyer must be up to date with their financial obligations to the seller. Defects and damage caused by normal wear and tear, external accidents, improper use that does not comply with protection and safety standards or applicable regulations, third-party interventions, defective maintenance, or modifications to the product not foreseen or specified by the seller are excluded from the warranty. Similarly, the warranty does not cover apparent defects.

LEMAITRE SÉCURITÉ cannot be held liable for any damage caused by abnormal conditions of use, failure to comply with LEMAITRE SÉCURITÉ's instructions and specifications, defective maintenance, improper storage, or normal wear and tear of the products.

Article 12 – Retention of Ownership

Ownership of the goods is transferred to the customer on the date of full payment of the price, regardless of the delivery date of the said goods.

The transfer of risk for loss or damage to the goods occurs at the time of shipment.

Article 13 – Intellectual Property

The photographs, visuals, trademarks, logos, diagrams, technical and commercial nomenclatures, catalogs, brochures, notices, patents, models, and drawings (non-exhaustive list) featured on the website www.lemaitre-securite.com remain the property of Lemaitre Sécurité. Consequently, the customer is prohibited from distributing or reproducing them in whole or in part without prior authorization from Lemaitre Sécurité.

The inclusion of any hyperlink redirecting to the site, using the framing or in-line linking technique, is strictly prohibited.

Any user wishing to place a simple link on their personal website that directly redirects to the homepage of the site must first obtain express authorization from Lemaitre Sécurité for this purpose. Such placement cannot, under any circumstances, be considered an implicit affiliation agreement.

In all cases, any link, even authorized by Lemaitre Sécurité, must be removed upon simple request by Lemaitre Sécurité.

EXTENDED PRODUCER RESPONSIBILITY

In accordance with legislation on extended producer responsibility and Article L.541-10-13 of the French Environmental Code, LEMAITRE SÉCURITÉ holds a unique identifier for each of the following sectors for the products it distributes:

• Packaging (Citeo): FR211377_01UTOR
• Textiles, Linens, Shoes (Refashion): FR211377_11JYTW
• DIY and Gardening Articles (Ecomaison): FR211377_14COWK
• Papers (Citeo): FR211377_03GJZB

Article 14 – Governing Law and Disputes

These terms and the sales they govern are subject to French law.

Any disputes that cannot be resolved amicably will fall under the exclusive jurisdiction of the courts of Strasbourg, which are granted jurisdiction, even in the event of multiple defendants or third-party claims, and regardless of the payment method.

Article 15 – Disputes and Remedies

This contract is governed by French law. Lemaitre-securite.com cannot be held liable for any damage of any kind, whether material, immaterial, or physical, that may result from improper functioning or misuse of the products sold. The same applies to any changes to the products made by manufacturers. In any case, the liability of Lemaitre-securite.com is limited to the amount of the order and cannot be held liable for minor errors or omissions that may have occurred despite all precautions taken in the presentation of the products.

In the event of difficulties in applying this contract, the customer has the option, before initiating legal action, to seek an amicable solution, particularly with the assistance of a professional association in the industry, a consumer association, or any other advisor of their choice. It is noted that seeking an amicable solution does not interrupt the "short period" of the legal warranty nor the duration of the contractual warranty. It is also noted that, in general and subject to the courts' discretion, compliance with the provisions of this contract regarding the contractual warranty assumes that the buyer fulfills their financial obligations to the seller.

Claims or disputes will always be received with attentive goodwill, as good faith is always presumed in those who take the effort to explain their situations. In the event of a dispute, the customer should first contact the company to seek an amicable resolution.

Failing that, the Commercial Court of Strasbourg has exclusive jurisdiction, regardless of the place of delivery or the accepted method of payment.