The website https://www.lehmann-sa.com/ (hereinafter referred to as the “Site” or the “Website”) is published by the Société anonyme à Conseil d’Administration LEHMANN SA (hereinafter referred to as ” LEHMANN ”), with a share capital of 42,136.92 euros with registered office at 20 Boulevard Lundy, CS 40030 – 51724 REIMS CEDEX, registered in the REIMS Trade and Companies Register under number 301 210 696 and represented by Mr. Gérard LEHMANN, in his capacity as Chairman.
LEHMANN offers glassware for sale and in particular high quality glasses dedicated to the tasting of wines, champagnes and spirits, cocktails, beers and “soft”, decanters and decanters, accessories including champagne and ice buckets, sommeliers knives, corks and other accessories related to the art of the table and the service of wines and spirits.
LEHMANN also offers the purchase of e-gift cards in the form of a voucher.
LEHMANN sets up, on the Site, a platform allowing Users to connect with the LEHMANN SA brand.
The User designates any Internet user, a natural person, having access to the Site.
Object
These general conditions of use (hereinafter referred to as the “T & Cs”) constitute a contract between LEHMANN and any User. Their purpose is to define the terms and conditions of use of the Site, as well as the rights and obligations of the parties in this context.
All Users must read them, they will be presumed to have read and fully understood them. He is deemed to have fully accepted the provisions of the T & Cs, without restriction or reservation, due to the simple use of the Website.
Acceptance of the T & Cs will be materialized by a checkbox when the account is created. Otherwise, the User will not be able to use the Specific Services.
The T & Cs are made available to Users on the Site where they can be consulted at any time by a direct link at the bottom of the home page of the site.
LEHMANN can also communicate them by email to any User who requests them.
LEHMANN reserves the right to modify and update them at any time without notice. The User is informed of any modifications and updates to the T & Cs, by directly consulting the latest version of the T & Cs on the Website.
The T & Cs may be supplemented, where appropriate, by conditions of use specific to certain Services. In case of contradiction, the special conditions prevail over the general conditions.
The circumstance that one of the clauses hereof would be void due to a change in legislation or regulations or declared as such by an administrative court decision, can in no way affect the validity and compliance with the other clauses of the T & Cs. .
Access to the Site and the Services
The Services are accessible, subject to the restrictions provided for on the Site, to any natural person having full legal capacity to engage under these general conditions.
A natural person who does not have full legal capacity can only access the Site and the Services with the consent of his legal representative.
Presentation and description of the services available on the site
LEHMANN specializes in the business sector of tableware, glassware and cleaning products. LEHMANN offers its experience to individuals for sale online.
The User has access to the Services described on the Site, in a form and according to the functionalities and means that LEHMANN deems most appropriate.
LEHMANN ensures its distribution in France and abroad in the following countries: France, Germany, Belgium, Spain, Portugal, Italy, Austria, Bulgaria, Croatia, Denmark, Estonia, Finland, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Czech Republic, Romania, Slovakia, Slovenia, Sweden.
The home page of the Site is divided into two parts:
The left part entitled “LEHMANN Reims France” relating to the private Showroom and collections organized by LEHMANN
The right part entitled “LEHMANN SELECTION” which gives access to the glassware products and service tools offered by LEHMANN
The Site offers Open Access Services listed below which are accessible online on the Site to any User, whether or not they have an Account:
The Top of the page of the Site offers various free access by clicking on different tabs:
To the Collections;
Products relating to: still wines, sparkling wines, spirits, soft drinks & cocktails, plastic glasses;
News;
Professional access / Resellers;
To personalization;
To the list of clients;
To the news;
To the history and know-how of the brand;
To social network pages (Facebook and Instagram);
In the catalog;
Has a search bar;
Choice of language (French or English).
The Site Footer also offers free access:
Has the Premium brand;
Legal notices;
To the contact form;
On the Site, the User can create an Account or access his Account. As soon as the User has an Account, he has personal, secure and free access to the Specific Services listed below:
Administration of the Account and Personal Data;
Product Orders;
Space dedicated to the follow-up of Orders;
As part of the development of its Site, LEHMANN reserves the right to offer new Services other than those indicated above.
E-gift card (Specific service)
The Gift Card (hereinafter referred to as the “Card”) is the property of the issuing company, LEHMANN SA, a public limited company with a Board of Directors having its registered office at 20 Boulevard Lundy in REIMS (51100), registered with the Trade Register and of Companies under number 301 210 696. (Hereinafter referred to as “LEHMANN”)
LEHMANN can be contacted at the following address: Lehmann SA, 20, Boulevard Lundy, 51100 REIMS – Tel +33 (0) 3 26 77 16 77 or at the email address: contact@lehmann-sa.fr
The Card holder is a simple depositary.
The Card is only valid for the purchase of products for sale on the Website.
The price of the Card can be paid by any means of payment accepted on the LEHMANN website. The Card cannot be paid with another Gift Card.
The return of the unused Card may be accepted if the following conditions are met:
The refund request is made during the legal withdrawal period of 14 days following the date of purchase of the Gift Card.
The Gift Card has not been used in whole or in part.
The price paid for the Card will be refunded with the same payment method as that used for its purchase. For such a refund, the Eticket and, where applicable, the card used to make the payment and the transaction receipt must be presented. The E-ticket is attached to the dispatch confirmation email, which is also saved on the customer’s account on the Website.
The available balance of the Card cannot be refunded or exchanged for cash.
The Card can be used as often as its holder wishes, until its total amount is exhausted and this during its period of validity.
The balance available on the Card will be the difference between the amount available before the purchase and the amount used to make that purchase. When the purchase price exceeds the available balance of the Card, the difference can be paid by any other means of payment accepted on the Website.
The available balance of the Card is mentioned in the information provided when placing the order.
Products purchased with the Card on the Website will be subject to the general purchasing conditions mentioned on this site.
The reimbursement, if applicable, of products purchased with the Card and being returned will be made by LEHMANN by crediting the price of the returned product to the available balance of the Card. However, if the Card no longer exists or if the validity period of the Card has expired when the products are returned, the price of this product will be credited to a voucher.
The reimbursement methods provided for above constitute an essential condition and as such, they are deemed to be expressly accepted during the purchase and / or during the use of the Card.
The Card is valid for a period of 1 (ONE) year from the date the virtual Card is sent to the recipient.
Upon expiration of the validity period, the Card cannot be renewed or used to make purchases, and no available Card balances can be claimed.
The Card is not nominative. Its holder will be exclusively responsible for the use and custody of the Card. It cannot be replaced in the event of theft, loss and damage. However, LEHMANN reserves the right to replace the Card in the event of a change in its format.
LEHMANN is not responsible for the non-receipt or delay in receipt of this Card by its recipient, for any reasons beyond the control of LEHMANN, and in particular for (i) failures or breakdown of telecommunications lines / systems, (ii) the delay in the transmission of information or data, or even the loss of information or data, likely to occur in all the circumstances provided for in point (i) above; (iii) the inaccuracy of the contact details of the recipient of the Virtual Card provided by the purchaser thereof; or (iv) the fact that the e-mail sent by LEHMANN is considered spam or unwanted e-mail.
Cards obtained from the outset by illicit means are null and void; they cannot be used to make purchases and their price cannot be refunded.
The Card may not be used for the purposes of advertising or promoting products or services marketed by any third party other than the Card Issuer, without the prior written authorization of the Issuer.
The general conditions of purchase and use available on the Website also govern the purchase and use of the Card made on this website.
Paid services
Price
The price of each item or service is mentioned on its page and during the validation of the order.
Revision
Outside the validity period, the price of the Services may be subject to revision by LEHMANN, at its discretion.
Payment terms
The terms of payment of the price are described on the Site.
The price is payable in cash in advance, in full and online on the day the order is placed by the Customer according to the following terms:
By credit card: Visa, MasterCard, American Express;
By Paypal;
Gift card, making it possible to pay all or part of the purchases using a gift card or a voucher, issued by the Seller, it being specified that the gift cards cannot be purchased by means of another gift card.
Payment by bank card or gift 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.
Payment data is exchanged in encrypted mode using protocols set by the external company responsible for online payment:
Payplug, the general conditions of which can be found here,
Stripe for American Express, the terms and conditions of which can be found here;
Paypal, the general conditions of which are accessible here;
Billing
The Services are the subject of invoices which are communicated by the User by any useful means.
Payment delays and incidents
Any delay in payment automatically entails the application of a lump sum compensation of 40 € (FORTY EUROS), without prejudice to late penalties.
The delay in payment will also result in the immediate payment of all the sums due by the Customer, without prejudice to any other action that the Seller would be entitled to bring, in this respect, against the Customer.
Payments made by the User will only be considered final after actual receipt of the sums due by the Seller.
In addition, LEHMANN reserves the right, in the event of non-compliance with the terms of payment appearing above, to suspend or cancel the delivery of orders in progress made by the User.
No additional costs, higher than the costs borne by LEHMANN for the use of a means of payment can be billed to the User.
By clicking on “Authorize payment”, the User confirms that the credit card belongs to him or that he is the legitimate holder of the gift card or voucher. Credit cards are subject to validity checks and authorization from the body issuing these cards. If LEHMANN does not receive the required payment authorization, it will not be liable for the delay or failure to deliver the products and we will not be able to enter into a Contract with you.
Access and use of the site
Create an Account
Access to the Services as listed in article 3 of these T & Cs requires the User to create an Account (“the Account”).
To be able to create an Account, the User must have a valid e-mail address.
On the Site, the User can create his Account by clicking on the “My Account” tab, then “Create my Account”. To create an Account, the User must provide a certain amount of mandatory information: name, first name, postal and delivery address, e-mail address, and password, telephone number, by completing the pre-established collection form and meant for that purpose. Any incomplete registration will not be validated. LEHMANN reserves the right to deactivate and delete a “Customer Account” in the event of incorrect data.
The User will have the possibility to choose whether or not he wants to receive the LEHMANN Newsletter by checking the box provided for this purpose.
The registration of the Account imperatively requires that the User ticks the box “I accept the general conditions and the confidentiality policy”.
The User will then receive an account creation confirmation email. This creation automatically results in the opening of an account in the name of the User.
Each time the User wishes to access his Account, in order to connect to it and have access to the Services, he must enter his e-mail address and password.
By transmitting his e-mail address to LEHMANN, the User acknowledges and accepts that LEHMANN can send him e-mails in particular in order to inform him of any modification, change and / or addition made to the Site and the Services. The User may exercise his right to object to the use of his e-mail address at any time.
The User undertakes to provide and maintain the information concerning him exact, up to date and complete in the event of modifications, so that they always correspond to the aforementioned criteria. The User has the possibility of modifying this information at any time by accessing his Account.
The User is informed and accepts that the information entered for the purposes of creating or updating his Account is proof of his identity. The information entered by the User binds him upon validation.
Data
The User expressly acknowledges and accepts that (i) the data collected on the Site and on LEHMANN’s IT equipment is proof of the reality of the operations carried out in the context of these presents and that (ii) these data constitute the only mode of proof accepted between the Parties, in particular for the calculation of the sums due to LEHMANN.
The User can access this data from his personal space.
Use of the Services
As soon as the User has an Account, he can use all of the Services offered by the Site, under the terms and conditions set out in the General Conditions of Sale (hereinafter “GTC”) available on the Site.
The User will be able to access their Personal Space at any time after identifying themselves using their connection identifier (their email address) and their password.
The User undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf, except to bear full responsibility. He is responsible for maintaining the confidentiality of his username and password.
Minimum configuration
To access the Website and the various Services it offers, the User must have a computer, and / or a tablet and / or a smartphone, an Internet connection and an internet browser.
All costs relating to access to the Site and its use are the sole responsibility of the User, namely the costs of hardware, software or Internet access.
The User is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet.
Account deletion and unsubscription
The Services are subscribed for an indefinite period.
The User has the possibility to request, at any time, the deletion of his Account.
Any request to delete an Account is final and irreversible; it results in the automatic deletion of the User’s Account.
The User who would like to access the Specific Services again must necessarily create a new Account according to the procedure indicated above.
Personal data and confidentiality
LEHMANN is likely to collect personal data.
The User agrees to communicate his personal data to the Website when opening his Account.
Pursuant to Law 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer by the Website are necessary, both to guarantee access the Site Services only for placing and processing orders.
These data are communicated to LEHMANN in order to enable it to proceed with the execution of the contract and the execution of Customers’ orders. They cannot in any case be used for other purposes.
The User has the right to access, rectify, modify and delete the personal data communicated. If the User has subscribed to information services by electronic mail (“newsletter”), he has the option to no longer receive these letters, either by sending a letter to LEHMANN or by following the instructions at the end of this page. each of the emails.
All information provided on the Account by the User is strictly personal and confidential.
The User undertakes to keep his password to access his Secret Account, and not to disclose it to third parties. If the identification elements, namely the e-mail address and / or the password are lost or stolen, the User must inform LEHMANN without delay. He can also click on the “Forgot password” tab and follow the procedure indicated so that his password can be changed.
LEHMANN cannot be held responsible for the loss or theft of the Account’s identification elements or their fraudulent use. The User is solely responsible for the use of his Account by third parties as well as for actions or statements made through it, whether fraudulent or not. The User undertakes not to take any action against LEHMANN.
In accordance with article L.134-2 of the Consumer Code, LEHMANN ensures, as soon as the contract is concluded electronically and relates to an amount greater than or equal to € 10, the conservation of documents relating to orders made by the User for 10 years from the conclusion of the contract, and who can at any time request communication. All electronic documents exchanged between the User and LEHMANN will have the same value as that granted to the originals.
Electronic documents will be kept by the Parties in such a way that they can constitute faithful and durable copies.
Confirmation of payment for orders by the User on the Site is equivalent to the User’s electronic signature and proof of the order.
Site availability
Access to the Site is 24 (TWENTY-FOUR) hours a day (TWENTY-FOUR) and 7 (SEVEN) days a week (SEVEN), subject to the occurrence of a case of force majeure, an event outside the will of LEHMANN, suspension or limitation of the Site in the event of maintenance operations and / or updates necessary for its proper functioning, as well as for any other technical reason.
LEHMANN undertakes to make its best efforts to ensure that users can access the Site at all times.
LEHMANN is bound by an obligation of means and not of result, in particular with regard to the accessibility, operation, and / or availability of the Site and the Services offered.
LEHAMNN may be forced to interrupt, suspend or limit access to all or part of the Website as well as the Services associated with it, for technical, economic or legal reasons.
The interruptions, suspensions or limitations mentioned above may occur at any time, without the User having been previously notified, and they will in no case give rise to any obligation or compensation for their benefit.
LEHMANN cannot be held responsible in the event that the Site is unavailable for any reason whatsoever.
Obligations of the User
The User undertakes, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
The User acknowledges having read on the Site the characteristics and constraints, in particular technical, of all the techniques. He is solely responsible for his use of the services.
The User accepts, for the implementation of the works, to connect to the Internet.
The User undertakes to provide LEHMANN with the information necessary for the proper performance of the Services. More generally, the User undertakes to cooperate actively with LEHMANN for the proper execution of these presents.
The User undertakes to take the necessary measures to safeguard the information in his Personal Space by his own means.
Prohibited behavior and sanctions
The User agrees that it is strictly forbidden to use the Services for the following purposes:
The exercise of illegal, fraudulent or infringing activity on the rights or safety of third parties;
The violation of public order or the violation of the laws and regulations in force;
The intrusion into the computer system of a third party or any activity likely to harm, control, interfere or intercept all or part of the computer system of a third party, violating its integrity or security;
Sending unsolicited e-mails and / or prospecting or commercial solicitation;
Manipulations intended to improve the referencing of a third party site;
Assistance or encouragement, in any form and by any means, to one or more of the acts and activities described above;
Any practice diverting the Services for purposes other than those for which they were designed.
The following are also prohibited:
All behavior likely to interrupt, suspend, slow down or prevent the continuity of services;
All intrusions or attempted instructions into LEHMANN’s systems;
Any misappropriation of the site’s system resources;
All actions likely to impose a disproportionate burden on the latter’s infrastructure;
All breaches of security and authentication measures;
All acts likely to infringe the rights and financial, commercial or moral interests of LEHMANN or of the users of its site;
Any breach of these general conditions.
It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or the Site, as well as to the information hosted or shared there.
In the event of a breach of one of the provisions of the general conditions or more generally of a breach of the laws and regulations in force by a User, LEHMANN reserves the right to take any appropriate measure and in particular to:
Suspend or terminate access to the Services of the User who is the author of the breach or the offense or who participated in it;
Delete any content posted on the Site;
Publish on the Site any information message that LEHMANN deems useful;
Notify any authority concerned;
Take any legal action.
Obligations of the Company
LEHMANN undertakes to provide the Services with diligence and according to the rules of the art.
The User acknowledges and accepts that LEHMANN has an obligation of result.
LEHMANN declines all responsibility in the event of any loss of information accessible in the User’s Personal Space.
In any event, the liability likely to be incurred by LEHMANN hereunder cannot cover compensation for indirect damage or any other financial damage suffered by the User.
General sales conditions applicable
The GTC are directly available on the Site. They specify in particular the conditions for ordering, payment, delivery and management of any returns of Products ordered by the Customer.
They apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible at any time on the Site and will prevail, where applicable, over any other version or any other contradictory document.
The T & Cs may be subject to subsequent modifications. The version applicable to the Customer’s purchase will be the one in force on the Site on the date the order is placed.
The fact that the Customer places an order on the website implies full and complete acceptance and acceptance of these presents and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, to rely on any contradictory document, which would be unenforceable against LEHMANN.
Advertising, Hypertext links and third party sites
Publicity
LEHMANN reserves the right to insert on any page of the Site and in any communication to Users, advertising or promotional messages of any kind.
Hypertext links and third party sites
The site https://www.lehmann-sa.com/ reserves the right to provide links to third-party sites. These links are established in agreement with the sites concerned.
LEHMANN cannot be held responsible for the technical availability of websites or mobile applications operated by third parties to which the User accesses through the Site or the content of these sites or mobile applications, nor for the use and transactions. that could be made by users.
Intellectual property
The content of the Website, including, without limitation, texts, photographs, computer graphics, logos, brands, is the property of the LEHMANN Company and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content, without the authorization of its authors or their successors in title, is strictly prohibited, and may constitute an offense of counterfeiting and may be the subject of legal proceedings.
Coming into force
These T & Cs entered into force on 01/01/2020.
Applicable law – Language – Jurisdiction
These T & Cs and the operations resulting from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.
The Customer is informed that he can in any case resort to conventional mediation, in particular with the Commission for consumer mediation (Consumer Code, article L.612-1) or with sectoral mediation bodies. existing, and whose references appear on the website or to any alternative dispute resolution method in the event of a dispute. The Seller indicates that the Customer can enter online: XX
The customer can consult the online dispute resolution (ODR) platform by clicking on the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng= FR.
However, if at the end of a period of 45 (FORTY FIVE) days, the Parties were unable to agree on a compromise or a solution, the dispute would then be submitted to the jurisdictional jurisdiction designated below.
All disputes to which these T & Cs and the resulting agreements may give rise, concerning their validity, interpretation, execution, resolution, consequences and consequences will be submitted to the competent court.