General Conditions of Sale and Use

General Terms and Conditions of Sale and Use Online 

 

These General Terms & Conditions of Sale and Use are up to date as of January 1, 2024.

 

1. IDENTIFICATION - PREAMBLE

 

These General Terms and Conditions of Sale and Use ("GTC") are offered by L31 RECORDS, a declared association registered with the RNA under number W313034022, and whose head office is located at 2 impasse de Columbus, villa 13, 31200 Toulouse, France.

 

His email address is contact@l31-records.fr . 

 

L31 RECORDS is the owner and publisher of the website www.leo-store.fr (“Site”). 

 

Site offers Internet users the possibility of purchasing derivative products which belong to the world of Latin music and dance (salsa, bachata, etc.) whose descriptions and prices are specified on the Site (“Products”). 

 

Before using Site, Internet user must ensure that he has the technical and IT resources to use Site and order Products on Site, and that his browser allows secure access to Site. Internet user must also ensure that the computer configuration of his hardware/equipment is in good condition and does not contain viruses. Internet connection costs are the responsibility of the Internet user.

 

2. APPLICATION AND ENFORCEABILITY OF THE GTC

 

Purpose of these General Terms and Conditions is to define all the conditions under which L31 RECORDS markets Products as offered on Site to Internet users. They therefore apply to any order for a Product placed on Site by the Internet user.

 

Internet user declares having read the General Terms and Conditions before placing his order and accepts them at the time of confirming his order.

 

Validation of an order therefore constitutes acceptance of these GTCs. These are regularly updated; the applicable GTCs are those in force on the Site on the date the order is placed. 

 

Any contrary condition set by Internet user would therefore, in the absence of express acceptance, be unenforceable against L31 RECORDS regardless of when it may have been brought to its attention.

 

The fact that L31 RECORDS does not assert any provision of these GTCs at any given time cannot be interpreted as a waiver of the right to assert any provision of these GTCs at a later date.

 

3. CREATING AN ACCOUNT

 

The Internet user has the possibility of creating an account on the Site by filling in the fields provided for this purpose. Creating an account is free and does not require placing an order.

 

Required fields must be filled in truthfully. 

 

Once the registration is completed, the Internet user will be able to connect to his account with his login and a password that he will have previously chosen. This information is confidential and must not be communicated. In the event that the Internet user has become aware that this information has been stolen by a third party, he undertakes to change his password without delay and to inform L31 RECORDS. Furthermore, the Internet user must disconnect at the end of each session. 

 

Each account can only be used by the user to whom the login belongs. Each user can only have one account. It is forbidden to use a false identity or the identity of another person. 

 

If such a case were to be discovered, the Internet user is informed that the account will be closed without notice or compensation, and that possible legal action may be taken against him. 

 

The Internet user will be able to access, on their Internet space, the history of their orders and account details, in particular their personal information which they can modify.

 

4. ORDERING A PRODUCT ON THE SITE 

 

The Internet user who places an order on the Site guarantees that they are of legal age and have the capacity to enter into a contract. 

 

He also guarantees that he is making the purchase as a consumer, i.e. outside of his professional activity.

 

Each order placed must be on behalf of the Internet user. 

 

The Products offered for sale are described and presented with the greatest possible accuracy on the Site. However, a minimal variation in the color of the Product(s) does not engage the responsibility of L31 RECORDS and does not affect the validity of the sale. The presentation photos have no contractual value.

 

L31 RECORDS reserves the right to correct any error, inaccuracy or omission, and to update the Site in particular to indicate Products that are temporarily unavailable.

 

To place an order, the Internet user selects the Product(s) they wish to purchase and validates the T&Cs. 

 

After accepting GTCs,, Internet user enters their personal information as well as the information required for delivery. If Internet user has an account on Site, this information may already be pre-filled. 

 

Internet user then chooses the shipping method, to a relay point or to your home, then enters their payment information and a promotional code if applicable.

 

Before definitively validating the order, Internet user accesses a summary which presents the list of Products that Internet user has selected, and includes any additional costs such as delivery price added to price of the Product(s). 

 

Prices applied are those indicated on Site on the day the order is placed. 

 

When accessing the summary of his order, Internet user still has the possibility of modifying his order and correcting any errors before its acceptance.

 

Internet user confirms acceptance of his order by clicking on the order validation icon. The words "order with obligation to pay" or a similar formula free of any ambiguity appear next to the order validation icon in order to ensure that the Internet user explicitly acknowledges his obligation to pay for the order.

 

Once the payment is validated, the contract is validly concluded. The Internet user will then receive a confirmation email. 

 

If Internet user has opted for delivery to a relay point, he will be automatically redirected to a page where he can select the relay point to which he wishes his order to be delivered. 

 

Throughout the ordering process, the Internet user undertakes to complete the information truthfully. Any missing or incorrect information may result in a failure to deliver at the exclusive fault of the Internet user.

 

5. PRICE AND CONDITIONS OF PAYMENT OF THE ORDER

 

Prices are mentioned on Site in the Product descriptions, in euros excluding tax and including all taxes. These prices are indicated excluding additional costs (delivery costs) which are added when ordering, before acceptance by the Internet user.

 

Invoices are payable at the time of order.

 

The order of Products on Site is payable in euros. Full payment must be made on the day of the order by Internet user, by credit card or Paypal.

 

In the event of payment by credit card, Site uses Stripe, a service provider specializing in online payment security. This system guarantees the Internet user the complete confidentiality of their banking information. Bank card transaction, carried out between Internet user and the secure system, is therefore entirely encrypted and protected. Internet user's bank details are not stored electronically by L31 RECORDS, which is not responsible for securing the payment.

 

 Internet user guarantees to L31 RECORDS that he/she has the necessary authorizations to use the payment method when placing the order.

 

L31 RECORDS reserves the right to suspend or cancel any execution and/or delivery of an order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount that would be owed by the Internet user to L31 RECORDS, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site and the payment of an order.

 

Once payment has been made, L31 RECORDS sends the Internet user an order confirmation by e-mail.

 

L31 RECORDS does not offer discounts.

 

Discounts can be applied to the price of products if the Internet user has a valid code.

 

Internet user can also purchase E-GIFT CARDS which are valid for one (1) year from the date of purchase. Once purchased on the Site, the Internet user receives their gift card by email with a number to keep and enter in the promotional code field when making future orders. The gift card can be used for one (1) year, until the amount of this gift card is used up. The gift card cannot be exchanged or refunded, even partially. It is neither replaced nor refunded in the event of loss or expiry.

 

6. DELIVERY 

 

Products offered on the Site can be delivered to mainland France (including Corsica, Monaco and Andorra) as well as to Luxembourg and Belgium by Colissimo. The delivery amount is specified on the Site and before the order is validated.

 

France: 

 

    Relay point: €4.90 

    Home (against signature): €6.90

    Free delivery to relay points and to your home for purchases over €150 

    Indicative delivery time: 48 working hours 

 

Belgium and Luxembourg:

 

    Relay point: €8.90

    Home (against signature): €10.90

    Free delivery to relay points and to your home for purchases over €175.

    Indicative delivery time: 72 working hours

 

Internet user must ensure that the information provided is correct, and that it remains so until complete delivery of the Product(s) ordered. The Internet user therefore undertakes to inform L31 RECORDS of any change in billing and/or delivery details that may occur between the order and delivery, by sending an email without delay to the Customer Service email address. Failing this, in the event of a delay and/or delivery error, the Internet user may not under any circumstances hold L31 RECORDS liable in the event of non-delivery, and the L31 RECORDS Internet service will contact the Internet user for a second delivery at Internet user's expense. 

 

Similarly, if the Internet user has selected home delivery, he/she agrees to be present at the time of delivery to receive the order. In the event of the order being returned due to the Internet user's absence at the address provided for delivery, L31 RECORDS Customer Service  will contact the Internet user for a second delivery at the Internet user's expense. 

 

L31 RECORDS will also not be liable if non-receipt of the Products is due to the actions of a third party to the contract or in the event of force majeure. 

 

Internet user will be able to track the delivery of their order via the link provided for this purpose “Order tracking” at the bottom of the Site page.

 

Upon delivery, the Internet user is invited to check the package and its contents and to make reservations with the delivery person on the delivery note before accepting delivery. If the package is damaged, the Internet user is invited to refuse receipt.

 

7. RETENTION OF TITLE – TRANSFER OF RISKS

 

L31 RECORDS retains full ownership of the Products sold until full payment of the price, including principal, costs and taxes.

 

The transfer of risks, in accordance with the law, is carried out at the time when the Internet user takes possession of the Products delivered.

 

8. INTERNET SERVICE

 

For any request for information, clarification or for any complaint, the Internet user must contact, as a priority, the L31 RECORDS Customer Service, in order to allow the latter to try to find a solution to the problem.

 

L31 RECORDS Customer Service is available from 9 a.m. to 6 p.m. on non-public working days using the following contact details: 

 

• e-mail: contact@l31-records.fr
• mail: 2 impasse de Columbus, villa 13, 31200 Toulouse, France

 

9. LEGAL GUARANTEES 

 

All Products offered by L31 RECORDS are subject to the legal guarantee of conformity provided by law, and in particular Articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the guarantee of hidden defects provided by Articles 1641 and 1648, first paragraph, of the Civil Code. The articles of the Consumer Code are only applicable to Consumers and non-professionals, within the meaning of the Consumer Code.

 

Article L.217-4 of the Consumer Code: '' The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.

It is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed under its responsibility by the contract or has been carried out under its responsibility '' .

 

Article L.217-5 of the Consumer Code: '' The good complies with the contract: 

1° If it is suitable for the use usually expected of a similar good and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted '' .

 

Article L.217-12 of the Consumer Code: '' The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.''

 

Article 1641 of the Civil Code: “ The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.”

 

Article 1648 of the Civil Code, first paragraph: '' The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. ''

 

If an Internet user believes that they have received a Product that they consider to be defective or non-compliant, they must contact L31 RECORDS as soon as possible after receiving the Order, at the following email address: contact@l31-records.fr or by registered mail with acknowledgment of receipt to the following address: 2 impasse de Columbus, villa 13, 31200 Toulouse, France, specifying the defect or non-compliance in question.

 

It will be up to the Internet user to provide any justification for the designation of apparent defects and/or anomalies noted. The Internet user must give L31 RECORDS every facility to note these defects or non-conformities and to remedy them if necessary. He will refrain from intervening himself or having a third party intervene for this purpose.

 

If the defects and/or anomalies are confirmed by L31 RECORDS, the latter will then send the Internet user its instructions on how to proceed after having acknowledged the complaint thus made and, where applicable, will replace the Product for which L31 RECORDS has been led to note the lack of conformity or defect. 

 

In the event that the exchange of the Product is not possible, L31 RECORDS will be required to reimburse the Internet user within fourteen days of receipt of the Product. The reimbursement will be made upon proposal by L31 RECORDS by crediting the Internet user's bank account, the Internet user being able to opt for a different reimbursement method than the one proposed.

 

10. OBLIGATIONS OF INTERNET USER

 

 Internet user agrees to respect the terms of these General Terms and Conditions.

 

 Internet user undertakes to use the Site in accordance with the instructions of L31 RECORDS.

 

 Internet user agrees to refrain from:

 

• To use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these T&Cs,
• To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Internet user, attempt to discover any source code or use any software activating or comprising all or part of the Site,
• Attempting to gain unauthorized access to the Site's computer system or engaging in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site,
• To use the Site for abusive purposes by voluntarily introducing viruses or any other malicious program and to attempt to gain unauthorized access to the Site,
• To infringe the intellectual property rights of L31 RECORDS, 
• To denigrate the Site and/or the Products as well as L31 RECORDS on social networks and any other means of communication,
• To resell the Products. 

 

Internet user is solely responsible for the information he/she provides when placing the order. Under no circumstances can L31 RECORDS be held liable if the information provided by the Internet user is incorrect or incomplete.

 

Internet user undertakes not to undermine the security of the Site. To this end, he undertakes not to proceed with any fraudulent access and/or maintenance in the L31 RECORDS information system. The Internet user may also not undermine or hinder the L31 RECORDS information system. Failing this, L31 RECORDS may take any measure against him and in particular incur criminal liability under Articles 323-1 et seq. of the Criminal Code. 

 

Internet user is solely responsible for the choice of Products, particularly with regard to their characteristics and size.

 

 Internet user undertakes to use the Products in a manner appropriate to their intended purpose and in compliance with the instructions, where applicable.

 

If, for any reason, L31 RECORDS considers that the Internet user does not comply with these General Terms and Conditions, L31 RECORDS may at any time, and at its sole discretion, remove their access to the Site and take all measures including any civil and criminal legal action against them.

 

11. RIGHT OF WITHDRAWAL 

 

In accordance with Articles L.221-18 et seq. of the Consumer Code, the Internet user has a period of 14 days, extended to 30 days by L31 RECORDS, from receipt of the last Product ordered on the Site to exercise his right of withdrawal from L31 RECORDS, without having to provide reasons or pay a penalty. 

 

This right of withdrawal is only open to consumers and non-professionals.

 

To exercise his right to withdraw from the order, if applicable, the Internet user must notify his decision to withdraw by means of an unambiguous statement, without providing reasons. The Internet user may communicate his decision to withdraw to L31 RECORDS by any means, in particular by sending it by post to L31 RECORDS at the following address: 2 impasse de Columbus, villa 13, 31200 Toulouse, France or by email to contact@l31-records.fr.

 

Internet user has a withdrawal form on the Site, to be completed. The form can be found at the following address: [link to the form available on the site] .

 

In the event of notification to L31-RECORDS by Internet user of his decision to withdraw, whatever the means used, L31 RECORDS will send him without delay an acknowledgment of receipt of the withdrawal on a durable medium (in particular by email). 

 

Internet user must return the Product(s) in the same condition in which he/she received it/them, and with all packaging elements, accessories and instructions (even if the Product(s) has/have been unpacked), as soon as possible and at the latest within 14 days from the notification of the decision to withdraw from this contract, to the address provided by L31 RECORDS at the time of receipt of the notification of withdrawal. In accordance with the law, the Internet user shall bear the cost of returning the Product(s). The Internet user is invited to use a method with tracking for returning the Products, as they will not be reimbursed in the event of loss by the carrier or delivery person.

 

Internet user is invited, without this being obligatory, to indicate the reason for return/withdrawal, in order to help L31 RECORDS improve its Product(s). 

 

In the event of withdrawal by the Internet user, the reimbursement of Product(s) which was or were subject to the right of withdrawal is carried out by L31 RECORDS by the same means of payment as that used for the initial transaction, unless the Internet user expressly agrees to a different means. In any event, this reimbursement will not incur any costs for the Internet user, except for the costs of returning the Product(s) which remain the responsibility of the Internet user. The reimbursement will be made as soon as possible, and at the latest 14 days from the day on which L31 RECORDS has received the Products or has received proof from Internet user of the return of the Products. 

 

In accordance with Article L.221-23 of the Consumer Code, Internet user is informed that his liability is only incurred with regard to L31 RECORDS for a depreciation of the Product(s), returned following the exercise of his right of withdrawal, resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this or these goods. 

 

Return of a Textile Product: T-shirts, Sweatshirts, Jackets, Polos, Skirts, Shorts, Caps and Towels must be returned with their original label intact and not detached from the textile. The garment must be clean, unwashed, unstained and undamaged. 

 

Other products: packaging must be intact, product must be new and suitable for resale.

 

In the event that Internet user has benefited from a reduction offer resulting from a number of Products purchased, in the event of the return of one or more products benefiting from this offer, L31 RECORDS reserves the right to deduct from the Internet user's reimbursement the amount of the reduction applied to the Products not subject to the withdrawal.

 

12. RESPONSIBILITY OF L31 RECORDS

 

L31 RECORDS implements all measures to ensure that the Internet user is provided with quality Product(s) under optimal conditions. However, it may not be held liable under any circumstances for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Internet user, or to the unforeseeable and insurmountable act of a third party not involved in the contract, or to a case of force majeure. More generally, if the liability of L31 RECORDS were involved, it could not under any circumstances agree to compensate the Internet user for indirect damages. 

 

L31 RECORDS cannot be held liable under any circumstances if the Internet user does not use the Product properly. Any improper handling and/or use of the Product cannot in any way engage the liability of L31 RECORDS.

 

The Site may contain links to other sites not edited or controlled by L31 RECORDS, which cannot be held responsible for the operation, content or any element present or obtained through these sites.

 

The establishment of such links or the reference to any information, articles or services provided by a third party cannot and must not be interpreted as an express or tacit endorsement by L31 RECORDS of these sites and these elements or their contents.

 

L31 RECORDS is not responsible for the availability of these sites and cannot control their content or validate the advertisements and other information distributed on these websites.

 

It is expressly stipulated that L31 RECORDS may not be held responsible in any way whatsoever for the event that the computer equipment or electronic messaging of Internet users rejects, for example due to anti-spam, electronic mail sent by L31 RECORDS, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary statement of the order or the shipping tracking email.

 

13. PERSONAL DATA 

 

L31 RECORDS attaches great importance to respect for privacy and takes all necessary measures to ensure the confidentiality and security of Internet users' personal data. 

 

As part of this contractual relationship, L31 RECORDS collects personal data from Internet users, including the following data: 

 

- E-mail address

- First name

- Name

- Password (if creating an online account)

- Telephone (L31 RECORDS reminds the Internet user that they have the right to register on the telephone canvassing opt-out list)

- Postal address and delivery address

- Country

 

L31 RECORDS collects and processes the personal data of Internet users for the following purposes: 

• Management of the Internet user's online account where applicable;
• Order management;
• Returns management, exercising the right of withdrawal, payment, invoicing, etc.; 
• Response to any questions/complaints from Internet users;
• Management of requests to exercise rights by Internet users;
• Management of unpaid debts and disputes;
• Prospecting for goods equivalent to those subject to the order.

 

The processing is necessary for the performance of the contractual relationship, the legal basis for this processing being the contract, formalized by these T&Cs/T&Cs that the Internet user must accept when creating their account and/or when placing each order.

 

For account management, the user's data is retained until he requests the closure of his account with L31 RECORDS. His data will be automatically deleted after two (2) years from the last connection of the user to his account unless the user expressly requests to keep his account open. 

 

Data stored for prospecting purposes for equivalent products is stored for a period of three years after collection or the last contact with the Internet user. 

 

Data relating to orders placed by the Internet user are kept for the legal retention period of these contracts.

 

The personal data of Internet users is processed by the L31 RECORDS sales department  as well as by any subcontractors of L31 RECORDS, in particular the host Shopify and IT service providers. The Internet user's personal data is not transferred to a third country.

 

L31 RECORDS may also communicate personal data in order to cooperate with administrative and judicial authorities. 

 

L31 RECORDS ensures that the personal data of Internet users is adequately and appropriately secured and has taken the necessary precautions to preserve the security and confidentiality of the data and in particular to prevent it from being distorted, damaged or communicated to unauthorized persons. 

 

Furthermore, the Internet user:

• acknowledges that the personal data he transmits to L31 RECORDS are valid, up to date and adequate;
• undertakes not to infringe on the privacy, image and protection of personal data of any third party and thus not to communicate to L31 RECORDSr the data of third parties without their consent. 

 

The Internet user is informed that he can exercise, in accordance with the provisions of Law 78-17 of January 6, 1978, as amended, his rights of access, rectification, erasure, opposition, request the limitation of processing and the portability of his data by contacting L31 RECORDS by telephone or e-mail. The Internet user can also determine the fate of his data after his death. In the event of no response from L31 RECORDS to the rights he exercises, the Internet user may, where appropriate, initiate an appeal with the internal control authority, the CNIL in France.

 

To find out more about the processing of their data, the Internet user is invited to consult the Site's confidentiality policy.

 

14. INTELLECTUAL PROPERTY

 

All elements of the Site (code, texts, photos, designs and models, etc.) are the exclusive property of L31 RECORDS.

 

No title or right whatsoever to any element of the Site will be obtained by downloading or copying elements of the Site. The Internet user is strictly prohibited from copying, reproducing, publishing, editing, transmitting, distributing one or more elements of the Site. 

 

The name and brand L31 RECORDS, the names of the Products, the logos, the designs, stylized letters, figurative marks, and all the signs represented on this Site are and will remain the exclusive property of L31 RECORDS. 

 

Furthermore, the elements present on the Products (brand, logos, designs, etc.) are protected by trademark law and intellectual property rights. The Internet user may not make any use of them without the authorization of L31 RECORDS.

 

L31 RECORDS is a registered trademark. Any use by the Internet user of the company names, brands and distinct signs belonging to L31 RECORDS is strictly prohibited except in the case of express and prior agreement of L31 RECORDS.

 

When opening an account on the Site, L31 RECORDS grants the Internet user a free, non-exclusive license to use the Site. This license is strictly personal and may not under any circumstances be assigned or transferred to any third party whatsoever. The license is granted for the duration of the Internet user's account.

 

15. EVIDENCE AGREEMENT

The Internet user's "clicks" made in acceptance of these general terms and conditions of sale, but also in ordering and payment, constitute acceptance of the contract.

The computerized records stored in the L31 RECORDS computer systems will be kept under reasonable security conditions and considered as proof of communications, orders and payments between the parties.

The archiving of orders and invoices is carried out on a reliable and durable medium which can be produced as proof and to which the Internet user has access on his account.

16. APPLICABLE LAW AND JURISDICTION

 

These GTCs are governed by and interpreted in accordance with French law, without taking into account the principles of conflicts of laws.

 

In the event of a dispute that may arise during the interpretation and/or execution of these General Terms and Conditions or in relation to these General Terms and Conditions, and the Internet user is a consumer, the latter may decide to submit the dispute to L31 RECORDS to a conventional mediation procedure or any other alternative dispute resolution method. 

 

Internet user may in particular contact shopify , to which L31 RECORDS has adhered. Before contacting the mediator, the Internet user must send a description of his request in writing to L31 RECORDS.

 

Internet user can go to the European consumer dispute resolution platform set up by the European Commission at the following address and listing all the dispute resolution bodies approved in France: https://webgate.ec.europa.eu/odr/ .

 

If this mediation procedure fails or if Internet user wishes to refer the matter to a court, the rules of the Code of Civil Procedure will apply.