Scope and modification of our general terms and conditions of sale
These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") are established solely between (1) the company MOD DESIGN, entered in the Paris RCS (Trade and Corporate Register) under the SIREN number 732 032 388 with registered offices at 103 rue Lafayette 75010 Paris, in its capacity as publisher of the website www.ldbparis.com, a prêt à porter e-commerce site, the sole holder of the web operating licence for the LDB brand (hereinafter referred to as LDB) and (2) any person making a purchase on the LDB website (hereinafter referred to as the "Customer").
The publisher reserves the right to adapt or modify these general terms and conditions of sale at any time. In the event of modification, the general terms and conditions of sale in force on the order date shall apply.
These general terms and conditions of sale only apply to physical non-trading persons.
For any query in relation to an online purchase, the Customer can contact the LDB Customer Service Team
Either by e-mail on: email@example.com
Or by telephone on +33 (0) 173 02 50 32, from Monday to Friday, 10 a.m. to 1 p.m. and 2 p.m. to 6 p.m.
Or by post at the following address: MOD DESIGN - LDB, 22 avenue de la Grande Armée 75017 Paris
Our products and prices are valid as seen on the website. On receipt of your order, we check the availability of the item(s) ordered. In the exceptional case that an item is not available, we undertake to either deliver the item to you or issue you with a refund to the payment method used when placing your order, within 30 days of the order confirmation.
The order registration date corresponds to the date of online payment by bank card through our partner's secure payment terminal.
In the exceptional case that an item in your order is out of stock, we will send the rest of your order, accompanied by an information message on the order picking list.
The shipping fees in relation to the delivery of the items will automatically be displayed on the website at the time of confirming the delivery method chosen by the customer and will be communicated again to the customer when they receive confirmation of their order by e-mail.
Order confirmation and electronic signature
Any order confirmed by clicking on the button "Confirm my order and pay" during the ordering process implies irrevocable acceptance of these general terms and conditions of sale.
Clicking on the "Confirm my order and pay" button associated with the process of authentication and non-repudiation and protection of message integrity constitutes an electronic signature. This electronic signature has the same value as a written signature between the parties.
LDB reserves the right to modify its prices at any time, but undertakes to apply the tariffs advertised at the time of placing your order, subject to availability on this date.
The items remain the property of LDB until full receipt of the payment by LDB.
Payment methods and secure payment
Whatever payment method is selected from those accepted on our website, orders are not deemed registered until confirmation or receipt of the payment.
Therefore, if the payment is not confirmed by the intermediary chosen by the consumer, the order will not be prepared by LDB services.
Instant cash payment by bank card
You can pay by Bank Card (Carte bleue, Visa, Maestro, Eurocard/Mastercard) in the event the payment is being made on our partner's website. This means that none of your banking details are sent to the LDB website. Payment by bank card is therefore completely secure. Your order will therefore be registered on acceptance of the payment by the banking service. You can pay securely online by entering the number, expiry date and security code, which can be found on the back of your card, in the relevant fields.
The information from your credit card is encrypted using SSL (Secure Socket Layer) protocol and never passes through the network unencrypted. The payment is made directly through the bank. LDB does not have access to these details under any circumstances, and does not store them on its servers. This is why you are asked to enter them again every time you complete a new transaction on our website.
LDB reserves the right to check the validity of the payment before dispatching the order, through all the means that LDB deems necessary (in particular by requesting an ID document, proof of address, etc.).
LDB reserves the right to refuse to proceed with a delivery or fulfil an order from a customer who has not completely settled, or only partially settled payment on a previous order, or with whom a payment dispute is ongoing. In the event of fraud, LDB reserves the right to strike off any member without any notice or compensation.
Order preparation lead-time
LDB reserves the right to subcontract all or part of the preparation and shipment of an order to a third party delegated for the execution of this service.
Orders are prepared within 48 working hours and you must add the shipping time to this.
Orders placed on a Saturday, Sunday or public holiday are processed on the next available working day.
In the event of public holidays, periods of intense activity such as sales, bad weather conditions, exceptional closures or traffic restrictions, the lead-times for processing and delivering orders may be extended.
The order is delivered to the address that appears on the purchase order. In the event of a data entry error, in particular an incorrect or incomplete delivery address, LDB cannot be held responsible for the consequences in terms of delays or it not being possible to fulfil a delivery. All the fees in relation to re-shipment of the items due to the customer entering the wrong data will be solely at the customer's expense.
The delivery lead-time may not exceed 30 working days from the date of payment confirmation by the Customer.
The lead-times advertised shall be considered as from dispatch from the warehouse.
After confirmation of the payment, you will be assigned an order number. Your order is then registered. We advise you to print out the order number and retain it for your records. You can track your order at any time from the "My account" Customer space.
The Customer must provide a valid e-mail address; in the event this is not provided, LDB cannot be held responsible for any ensuing consequences. Customers should ensure they keep their contact information up to date in the Customer space.
Zone 1 : Metropolitan France (Monaco and Corsica)
Zone 2 : United Kingdom, European Union and Switzerland
Zone 3 : Russia, Morocco and Saudi Arabia
Zone 4 : United States, China, South Korea, Japan, Taiwan and Argentina
Delivery in Metropolitan France is free on orders over €100 and €150 in Zones 2, 3 and 4.
All orders placed on the website and delivered outside France may be subject to possible taxes and customs duties, which are applied when the parcel arrives at its destination.
These possible customs duties and taxes in connection with the delivery of an item are at the customer's expense and under their responsibility. LDB is not obliged to confirm and inform its customers about applicable customs duties and taxes.
Delivery to store
Your parcel can be delivered free of charge to certain LDB stores within 2 to 4 working days, commencing from receipt of payment for the order on our website www.ldbparis.com. You then have 15 working days to collect your parcel from the store, which will be released on presentation of an identity document.
If the order is not collected within 15 working days, the order will be cancelled and LDB will proceed with a refund.
LDB reserves the right to deactivate the delivery to store service during sales periods or private sales, or to extend the delivery lead-times during such periods.
Countries we deliver to
For online purchases made through the LDB website, the countries we deliver to are: Metropolitan France, Corsica, European Union, United States, China, Taiwan, Japan, South Korea, Saudi Arabia, Russia, Argentina and Morocco.
In the event of exceptional circumstances and force majeure, as defined by the law and legal precedent, LDB cannot be held responsible for failure to execute a contract established.
The choice to purchase an item is under the sole responsibility of the customer.
Right of cancellation
Conditions and options for exercising the right to return
In accordance with the provisions of article L.121-21 of the French Consumer Rights Act, customers have 14 days to exercise their right to cancellation without having to provide a reason. This period starts from the day on which the order is received by the customer or by third parties appointed by him/her.
If the 14-day period ends on a Saturday, Sunday, public holiday or non-working day, this period is extended to the next working day.
In this context, the customer has the right to return the items delivered within this period, in their original packaging, in perfect condition, complete (with accessories, tag, guarantee, etc.) and accompanied by a copy of the documents provided with their delivery, to the address indicated on the purchase order. As regards the return fees, these are expressly at the cost of the Customer, who acknowledges and accepts this by agreeing to these General Terms and Conditions of Sale.
It is the customer's responsibility to retain proof of this return, whether the items are returned by recorded delivery or any other method guaranteeing a certain delivery date; the costs and risks of return shall remain the customer's responsibility.
To ensure safe receipt of the items and with a view to speeding up the returns process, the customer should follow these instructions:
Returns procedure, items delivered by Colissimo
Go to "My Account" in the customer space
Click on the order concerned
Click on the button "Obtain a return number"
Provide the following information on the Delivery Note (included in the parcel), in the sections intended for this purpose :
the return number
the reason for your return
the quantities returned
Package the item(s) to be returned and ensure the duly completed delivery note is included.
write the return number on the parcel (clearly and in indelible ink) Any package that does not state the return number will not be processed.
Ensure you properly package your parcel (please consult the official recommendations)
Send your parcel to the following address :
MOD DESIGN - LDB
You will be informed by e-mail that your return is being processed.
22 avenue de la Grande Armée
In the event the customer decides to exercise their right of cancellation, LDB will refund the price of the item(s) concerned.
The customer is responsible for the return fees concerning said item(s). Said amounts are provided by way of an example in article 6.2
In the event of a return comprising several items that are part of a promotional or sales offer, the refund amount will be that stated on the invoice provided with the parcel.
The refund will be issued following receipt by LDB of the item(s) that is/are the subject of the client's right to cancellation.
The refund will be issued to the payment method used for the returned order, within 30 days commencing from the date on which the customer elected to exercise their right of cancellation.
The refund cannot take place if the article concerned has suffered depreciation other than those necessary for establishing its nature, characteristics and/or its conformity.
The customer also has the option of contacting the customer service team by e-mail :
firstname.lastname@example.org for any additional information.
Guarantee of conformity and guarantee against hidden defects
The items benefit from the legal guarantee of conformity (article L 211-4 et seq. of the French Consumer Rights Act) and the guarantee against hidden defects (article 1641 et seq. of the French Civil Code). All guarantees are excluded in the event of damage that is of external origin or a result of incorrect use, non-compliant use, negligence or a lack of proper maintenance by the Customer, as well as in case of normal wear and tear of the item.
Article L 211-4 of the French Consumer Rights Act
The seller is obliged to deliver a good that conforms to the contract and responds to lack of conformity during delivery (...).
Article L 211-5 of the French Consumer Rights Act
In order to comply with the contract, the good must :
1. Be fit for use as normally expected of a similar good and, if applicable: corespond to the description provided by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; present the qualities that a buyer can reasonably expect with regard to the public statements made by the seller, the manufacturer or their respresentative, in particular as part of the product marketing or the label;
2. Or present the characteristics as defined by a mutual agreement between the parties or be fit for any special use required by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L 211-7 of the French Consumer Rights Act
A lack of conformity that becomes apparent within six months of the date of delivery of the good is presumed to exist at the point of delivery, unless this can be proven otherwise.
The seller can dispute this presumption if this is not compatible with the nature of the good or the lack of conformity invoked.
Article L 211-9 of the French Consumer Rights Act
In the event of a lack of conformity, the buyer chooses between repair or replacement of the good. However, the seller has the right not to proceed with the buyer's choice if this choice entails a manifestly disproportionate cost in regard to the other option, taking the value of the good and the extent of the defect into account. The seller is therefore obliged to proceed, except where this is not possible, in accordance with the option not chosen by the buyer.
Article L 211-10 of the French Consumer Rights Act
If the repair and replacement of the good are not possible, the buyer can return the good and receive a full refund or keep the good and receive a partial refund.
The same option is offered to him/her:
1. If the solution requested, proposed or agreed in application of article L.211-9 cannot be implemented within one month following the claim made by the buyer;
2. Or if this solution cannot take place without major inconvenience to the buyer, taking into account the nature of the good and its required use.
Rescission of the sale cannot, however, be pronounced if the lack of conformity is minor.
Article L 211-12 of the French Consumer Rights Act
Any action resulting from a lack of conformity is limited to two years, starting from the date of delivery of the good.
Article L 211-13 of the French Consumer Rights Act
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from hidden defects, which is the subject of articles 1641 to 1649 of the French Civil Code or any other action of a contractual or extra-contractual nature that is granted to the buyer in law.
Article 1641 of the French Code Civil
The seller is required to guarantee against hidden defects of the item sold, which makes it unsuitable for its intended use, or which diminish this use to such an extent that the buyer would not have purchased the item, or would have paid a lower price if they had known.
Article 1648, paragraph 1 of the French Civil Code: any action resulting from hidden defects must be commenced by the buyer within two years, starting from the date of discovery of the defect.
The guarantor of any defects in relation to the sold item is S.A. MOD DESIGN with registered offices at 103 rue Lafayette, 75010 PARIS. When this concerns a legal guarantee of conformity, the customer benefits from a period of two years to act, starting from delivery of the good; the customer can choose between repair or replacement of the good, subject to the cost conditions as established by article L. 211-9 of the French Consumer Rights Act, and is exempted from providing proof of the existence of a lack of conformity of the good during the 6 months following delivery of the good. The legal guarantee of conformity applies regardless of the potential commercial guarantee that may be granted.
The Customer can decide to implement the guarantee against hidden defects of the good sold pursuant to article 1641 of the French Civil Code and can choose between rescission of the sale or a reduction of the sale price in accordance with article 1644 of the French Civil Code.
Return and refund methods for defective or non-compliant products
Customers wishing to benefit from the legal guarantee of conformity or hidden defects must return the item(s) within the aforementioned period stated by LDB to the following address:
MOD DESIGN - LDB
22 avenue de la Grande Armée
Before returning the item(s), the Customer must contact the Online Customer Service Team via the contact form on the website or on +33 (0) 173 02 50 32. In the event of defective or non-compliant items, after confirmation by LDB of the defective or non-compliant nature of the item, LDB shall reimburse the Customer the sale price of the item(s) concerned and, in the event the whole order is returned, the delivery fees.
All elements included on the LDB website, whether audio or visual, are protected by copyright, trade mark and patent rights. They are the exclusive property of the company MOD DESIGN - LDB. As such, and in accordance with the provisions of the French Intellectual Property Code, only private use is authorised, subject to various provisions, including those that are more restrictive than the French Intellectual Property Code.
Any total or partial reproduction from the LDB website is strictly prohibited, except where a prior agreement is in existence.
As regards the various stages of access to the website (order processing, delivery, Customer Service or After-Sales Services), the company MOD DESIGN - LDB has only one best endeavours obligation. LDB cannot assume responsibility for all inconveniences or damages inherent in using the internet, in particular a service outage, hacking or the presence of viruses, or any fact qualified as force majeure, in accordance with legal precedent.
Furthermore, the company MOD DESIGN - LDB cannot be held responsible in the event that an order is not fulfilled or if it was prevented from fulfilling any one of its obligations due to force majeure pursuant to legal precedent, and in particular in the event of bad weather preventing delivery of the order.
Entire agreement clause
In the event that one of the clauses of this contract becomes null and void due to a change in legislation, regulations or a legal ruling, it shall not in any case affect the validity of and adherence to these general terms and conditions of sale.
These conditions apply throughout the entire duration of the online services offered by the company LDB
The IT records, stored on the IT systems of the company MOD DESIGN - LDB and its partners under reasonable security conditions, shall be considered as proof of communications, orders and payments made between the parties.
Storage and archiving of transactions
The archiving of purchase orders and invoices is performed on a reliable and durable resource in such a way that it corresponds to a faithful and durable copy as defined by article 1348 of the French Civil Code.
These conditions are subject to French law.
In the event of a dispute, LDB and the customer will try to resolve the matter amicably. If a settlement cannot be reached, the French courts shall have sole jurisdiction.
ldb Paris Customer Service Team
For any further information or queries, the LDB Customer Service Team is available to the Customer :
For order tracking or questions in relation to the After-Sales Service you can connect to your "My account" Customer space and then send the contact form.
Information technology and civil liberties provisions
In accordance with Act no. 78-17 of 6 January 1978 in relation to information technology, records and civil liberties, you have a right to access, modify, rectify and delete data about you. You can exercise these rights by contacting us on the above-mentioned e-mail address.
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