Terms of sale

General Terms and Conditions of Sale – ERNEST LEOTY


The website www.ernestleoty.com is published by the company ERNEST LEOTY SAS (hereinafter referred to as "ERNEST LEOTY"), a simplified joint-stock company with a share capital of €176,000, headquartered at 198-200 Boulevard Saint-Germain, 75007 Paris, France, registered with the Paris Trade and Companies Register under number 920 075 884, VAT FR29920075884. ERNEST LEOTY is the author of the sales offer concerning the products presented on its website: www.ernestleoty.com (hereinafter the "Website").

ARTICLE 1 – SCOPE OF APPLICATION

This document governs the General Terms and Conditions of Use and Sale of the Website (hereinafter the "General Terms and Conditions") applicable between ERNEST LEOTY and any natural person or company wishing to use the Website ("the User") or make a purchase on the Website ("the Customer" or "you").

These General Terms and Conditions apply as soon as a User accesses the Website. The User may discontinue using the Website at any time but remains responsible for any prior use. The Customer acknowledges having read and explicitly accepts the General Terms and Conditions of Use and Sale without reservation when validating their order.

The General Terms and Conditions of Use and Sale, together with the order form and order confirmation, constitute the sales contract between the Customer and ERNEST LEOTY relating to the sale of the ordered Products.

Any order placed on the Website requires the prior and unconditional acceptance of the General Terms and Conditions of Use and Sale in their entirety. If the Customer disagrees with the terms of these General Terms and Conditions, they should neither use nor place orders on the Website.

ERNEST LEOTY reserves the right to modify certain provisions of these General Terms and Conditions at any time. Therefore, it is necessary to review the version in force on the day the order is placed on the Website. These modifications are enforceable upon publication and will apply to orders placed after they are posted on the Website. In case of modification, the applicable General Terms and Conditions for the Customer's order are those that were online and accepted by the Customer on the date the order was placed.

For any information regarding the execution of one or more orders or the processing of a claim, the Customer must contact Customer Service (hereinafter "Customer Service"):

  • By mail at the following address:
    198-200 Boulevard Saint-Germain, 75007 Paris, France
  • By email: contact@ernestleoty.com

During the acceptance process, the General Terms and Conditions can be reviewed, saved, and printed by the User. The User can also access the General Terms and Conditions at any time through the Website.

Only individuals legally capable of entering into contracts regarding the Products offered on the Website may place an order. By placing an order, the Customer guarantees having full legal capacity to adhere to the General Terms and Conditions, place orders, and conclude a sales contract.


ARTICLE 2 – PRODUCTS

2.1 Presentation and Description of Products

ERNEST LEOTY presents on the Website various products (hereinafter the "Products") available for sale, along with detailed descriptions in product sheets. These allow Customers to learn the essential characteristics of each Product before finalizing their purchase, in accordance with Article L.111-1 of the French Consumer Code.

The information and images provided in each product sheet are those communicated to ERNEST LEOTY by its suppliers, partners, or manufacturers. Customers are therefore informed that ERNEST LEOTY may update these product sheets at any time.

ERNEST LEOTY makes every effort to ensure that the presentation of Products through photographs on the Website is as accurate as possible. However, given the limitations of online presentation, the Customer's perception of a Product's photographic representation may not precisely match the actual Product.

2.2 Availability of Products

The delivery time will be communicated to the Customer during the ordering process, prior to order validation and payment.

The delivery times indicated are calculated in business days and vary depending on the Product. Due to varying supply chain zones, manufacturing constraints, and logistical challenges, these times may change, and ERNEST LEOTY cannot be held liable for such variations.

Products are offered subject to stock availability at the time of order placement. Any Product that is unavailable will be indicated as such. ERNEST LEOTY will make every effort to ensure the availability of all Products offered.

ERNEST LEOTY reserves the right to modify or discontinue the sale of any Product on the Website at any time. However, such changes will not affect orders accepted prior to their implementation.

In case of a Product’s unavailability, ERNEST LEOTY will notify the Customer as soon as possible via email, either to arrange partial delivery or to cancel the order. For partial deliveries, the invoice will be updated to reflect only the dispatched items.

2.3 Pricing of Products

The applicable prices are those displayed on the Website at the time the Customer validates their order. Prices are in euros and include all taxes. Prices are subject to the applicable Value Added Tax (VAT) rate at the time of the order.

The payable amount includes the Product price as listed on the Website, plus any additional charges (such as delivery fees and service options) disclosed during the order process.

Delivery fees are charged per order and vary depending on the delivery method, location, and order contents. The exact delivery cost will be indicated in the shopping cart and must be approved by the Customer before validating the order.

All orders are payable immediately. No discounts will be applied. In case of VAT rate changes, prices will be automatically adjusted without prior notice on the legal effective date of the new rate.

ERNEST LEOTY reserves the right to modify Product prices at any time without prior notice. These changes will not affect orders accepted before their implementation.

Although the Website is designed with great care, errors in pricing may occur. ERNEST LEOTY is not bound by such errors and reserves the right to cancel the purchase if such an error arises.

Prices are displayed in euros. If the payment currency differs, the Customer’s bank will apply its current exchange rate on the purchase date. ERNEST LEOTY has no control over such rates and cannot be held responsible for discrepancies.


ARTICLE 3 – ORDERING PROCESS AND PAYMENT TERMS FOR PRODUCTS

3.1 User Account Creation
To purchase products on the Website, the User may either register on the Website as a “Registered User” or proceed without registration as a “Guest User.” To make a purchase as a “Registered User,” the User must create a personal account or log in using their authentication credentials (email address and password). The User must provide accurate, complete, and truthful personal information to enable precise identification in all circumstances.

Moreover, creating a user account is mandatory to access all private offers, exclusive sales, or any other promotional campaigns reserved for the Website’s clients.

The User is informed that their username and password are personal and confidential. The User agrees to keep their password secure and not disclose it to any third party under any circumstances. The User is responsible for all actions performed on the Website using their credentials. Any order placed using the User’s credentials is binding unless the right of withdrawal is exercised.

By creating an account, the User agrees to the ERNEST LEOTY Data Protection Policy (see Article 10).

3.2 Placing an Order
On the ERNEST LEOTY Website, the User can add desired products to their shopping cart by clicking the "Add to Cart" button. The shopping cart is accessible at any time for review or modification.

The User can review the details of their order and the total price, making any necessary corrections or changes before confirming the order and expressing acceptance. ERNEST LEOTY shall not be held liable for input errors made by the User or for any consequences arising from such errors, such as delivery delays or mistakes. Any additional costs incurred due to re-shipment will be borne by the User.

Once the shopping cart has been validated, the User must:

  • Provide all required information, including details regarding delivery and payment;
  • Confirm acceptance of the General Terms and Conditions of Use and Sale.

After providing or modifying this information and expressly accepting the General Terms and Conditions of Use and Sale, the User completes the order by clicking the designated button on the payment page.

The User’s validation of the order constitutes acceptance of the prices and characteristics of the products purchased.

3.3 Payment Terms
Payment shall be made exclusively in euros using a credit card (Carte Bleue, Visa, Mastercard, American Express) or PayPal. The User’s bank account will be debited within seven (7) days following the order placement.

To process payment, the User must provide their credit card number, expiration date, and security code.

By using PayPal, the User guarantees ERNEST LEOTY that they have the necessary authorization to use this payment method when placing the order.

The User’s banking details are requested for every order. Additionally, payment may be validated through a 3D Secure code provided by the User’s bank.

The User guarantees ERNEST LEOTY that they possess all necessary authorizations to use the chosen payment method at the time of order validation.

In the event of a bank refusal, the order will automatically be canceled, and the User will be notified by ERNEST LEOTY.

ERNEST LEOTY uses a payment service provider, Shopify, and therefore does not have access to the User’s confidential payment information. Shopify, based in Canada, processes and stores the information related to each order, including banking details, in a secure environment. The transfer of the User’s personal data to Shopify is governed by the European Commission’s standard contractual clauses.

Additionally, the User agrees to directly pay any customs duties, VAT, or other taxes related to the import of products into the destination country.

In the event of delivery without payment, ERNEST LEOTY reserves the right to claim the ordered products. The User agrees to return any unpaid products, with all associated costs remaining their responsibility.

3.4 Order Confirmation by ERNEST LEOTY
An order will only be considered final once it has been confirmed by ERNEST LEOTY. After confirmation and successful payment, the User will receive a printable and savable summary of their order, including its reference number.

An email confirmation of the order will then be sent to the User, containing the following information:

  • The order number;
  • A summary of the order (product name(s), quantity, price, and key characteristics);
  • Legal rights and guarantees available to the User;
  • The total order amount, including taxes;
  • Shipping fees;
  • Payment confirmation;
  • Terms and conditions for exercising the right of withdrawal, in accordance with Articles L.221-18 and subsequent of the French Consumer Code.

In accordance with Article L.122-1 of the French Consumer Code, ERNEST LEOTY reserves the right to refuse any abnormal order, orders made in bad faith, or unpaid orders due to the fraudulent use of a credit card.


ARTICLE 4 – DELIVERY AND RECEIPT OF THE ORDER

ERNEST LEOTY retains ownership of the Products ordered until full payment of the corresponding price is received.

4.1 Delivery Location and Delivery Costs
The Products are available for delivery to the following countries and territories: Europe, Switzerland, United Kingdom, United States of America, Hong-Kong, China, Korea, UAI, Japan, Taiwan, Australia and United Arab Emirates.

The Products will be delivered to the postal address provided by the Client when placing the order, as specified on the delivery slip. The Client must carefully complete all fields of the delivery form, including delivery contact details, and provide a fixed-line or mobile phone number. Neither ERNEST LEOTY nor the transport company can be held liable for delivery failure due to incorrect or incomplete address details.

The total amount, including all taxes (TTC), for the Client's contribution to logistical preparation costs (processing; shipping) are as follow:

  • France & European Union: €10

  • United Kingdom: £15

  • United States of America: $25

  • Rest of the world: €25 

Delivery will be carried out by Courier or Messenger, at the Client's choice, based on the available delivery methods determined by the weight and dimensions of the package.

For large or heavy packages, delivery may be carried out by a Carrier. In this case, the Client will be contacted directly by the Carrier via email or phone to arrange a delivery appointment. During this contact, the Client must explicitly mention any access or passage difficulties the Carrier might encounter during delivery (even if these have been previously mentioned in the order form). Any additional delivery costs required for the rental of specific equipment (e.g., forklift) to address access difficulties specified by the Client must be validated and paid for by the Client prior to delivery.

Smaller or lighter packages may be delivered by Messenger. The Client must provide a delivery address where a person can receive the package on the first delivery attempt (e.g., workplace, a friend or family member’s home, concierge, etc.).

As the delivery is handled by a third-party provider, the Client acknowledges and agrees that ERNEST LEOTY cannot be held responsible if the non-performance or improper performance of this obligation is due to the Client, a third party, or a case of force majeure.

In the event of delivery failure on the scheduled date due to incomplete information, unreported access or passage issues, or the Client’s absence in violation of agreed commitments, new delivery fees may be charged by ERNEST LEOTY. The company will contact the Client for payment of these additional fees before reattempting delivery. If these fees remain unpaid, ERNEST LEOTY reserves the right not to proceed with the delivery. Any resulting damages will also be the Client's responsibility.

4.2 Delivery Times
An estimated delivery time for each Product will be provided on the website in the corresponding product description.

The final delivery time will be communicated to the Client during the order process, before final validation and payment. If an order contains Products deliverable at different dates, delivery will be made in a single shipment based on the latest delivery time.

4.3 Delivery Delays
Any delivery delays must be reported in writing as soon as possible by the Client to ERNEST LEOTY, which will investigate with the relevant carriers. The Client may cancel the order if delivery does not occur by the initially indicated delivery date and if the delay is not attributable to the Client or a case of force majeure.

From the moment of cancellation, or following the conclusion of ERNEST LEOTY’s investigation confirming the loss of the package, ERNEST LEOTY will refund the amount charged to the Client's bank account within a maximum of fourteen (14) days or resend the Products at its expense if the order has not been canceled by the Client.

In the event of partial delivery, multiple shipments may occur, and the cancellation right will only apply to the undelivered portion of the order.

4.4 Receipt of Products by the Client
Each delivery is deemed completed when the Products are made available to the Client by the carrier, as evidenced by the carrier’s tracking system. No disputes regarding delivery will be possible if the package is marked as delivered, with the carrier's system serving as proof.

Without prejudice to the Client's right of withdrawal (as outlined in Article 5 below), upon delivery, the Client must inspect the Product in the presence of the Carrier/Messenger and verify that the delivered Product matches the order and is undamaged before signing the delivery slip.

In case of any anomalies, the Client must record detailed, dated, and signed written reservations on the delivery slip. Such reservations serve as evidence of the damage's existence and extent. Similarly, if an error in delivery is found, the Client must specify the nature of the error: incorrect color, wrong product, etc.

If an error or damage is identified, the Client must refuse the Product and send their reservations within five (5) days via email through the "Contact" section of the website and simultaneously by registered mail with acknowledgment of receipt to the following address:
ERNEST LEOTY, Service Web, 198-200 Boulevard Saint Germain, 75007 Paris.

Any claims submitted beyond this timeframe will not be accepted. If the Client does not express reservations, the delivered Product is deemed satisfactory and cannot be disputed later. For instance, the Client cannot make claims to ERNEST LEOTY or the Carrier/Messenger after the Carrier/Messenger has left, even if the package was not opened in their presence.

Apart from non-conformity or hidden defects, no further claims or reservations will be accepted by ERNEST LEOTY once the Products have been received by the Client, if the outlined procedure was not followed.


ARTICLE 5 – CLIENT'S RIGHT OF WITHDRAWAL
This section applies only to consumers.

The Client has the right to withdraw from the Contract within fourteen (14) days without providing any reason. The withdrawal period expires fourteen (14) days after the day the Client or a third party designated by the Client, other than the carrier, takes physical possession of the purchased Product.

For multiple Products purchased in a single order, the withdrawal period expires fourteen (14) days after the day the Client or a designated third party, other than the carrier, takes possession of the last Product.

The right of withdrawal does not apply to Products that are custom-made and/or personalized for the Client, nor to purchases made during our sales periods.

To exercise the right of withdrawal, the Client must clearly express their intention to withdraw from the Contract by contacting ERNEST LEOTY's Customer Service via email at contact@ernestleoty.com.

Withdrawal Procedure:
ERNEST LEOTY will conduct a quality check upon receiving the returned Product. Products must be in new condition, returned in their original packaging, free of any signs of use, and accompanied by intact and attached tags. Only after verifying these conditions will ERNEST LEOTY proceed with a refund of the amounts received for the returned Products.

If these conditions are not met, the Client's refund will be reduced by the amount corresponding to the Product’s depreciation in value, determined during the inspection.

Once the returned Products meet the above conditions, the refund (excluding initial shipping costs and return fees) will be processed within thirty (30) days of ERNEST LEOTY receiving the returned Products.


ARTICLE 6 – LEGAL GUARANTEES

ERNEST LEOTY guarantees that its products meet the expected usage standards and do not have defects or hidden flaws rendering them dangerous or unsuitable for normal use. All products available for purchase on the website are covered by the legal guarantee of conformity (as defined in Articles L217-4 and following of the French Consumer Code) and the guarantee against hidden defects (as defined in Articles 1641 and following of the French Civil Code), allowing customers to return defective or non-conforming products free of charge.

6.1 Legal Guarantee of Conformity

Article L.217-4 of the Consumer Code states: "The seller must deliver goods in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery. The seller is also responsible for any lack of conformity resulting from the packaging, assembly instructions, or installation if these are the seller’s responsibility under the contract or were carried out under their supervision."

Article L217-5 of the Consumer Code states:
"The goods conform to the contract:

  1. If they are suitable for the use usually expected of similar goods and, where applicable:
    • correspond to the description provided by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
    • have the qualities that a buyer might legitimately expect, given the public statements made by the seller, producer, or their representative, especially in advertising or on labeling.
  2. Or if they have the features mutually agreed upon by the parties or are suitable for any special purpose sought by the buyer, brought to the seller’s attention and accepted by the latter."

Article L217-12 of the Consumer Code provides: "Legal action resulting from a lack of conformity must be taken within two years from the delivery of the goods."

6.2 Guarantee Against Hidden Defects

Article 1641 of the Civil Code states: "The seller is bound to guarantee against hidden defects in the sold item that render it unfit for the intended use or that so diminish its utility that the buyer would not have purchased it or would have paid less if they had known about the defects."

Article 1648 of the Civil Code specifies: "Legal action regarding redhibitory defects must be initiated by the buyer within two years of discovering the defect. In the case provided for in Article 1642-1, legal action must be taken, under penalty of forfeiture, within one year from the date the seller can be relieved of apparent defects or non-conformities."

6.3 Exclusions from Guarantees

Products that have been modified, repaired, integrated, or added to by the client are excluded from the guarantees. The guarantee will not apply to visible defects or damage caused during transportation or through improper use of the product.

6.4 Terms for Exercising Legal Guarantees

When invoking the legal guarantee of conformity, the client:

  • Has two years from the delivery of the product to take action.
  • Can choose between repair or replacement of the product, subject to the cost conditions specified in Article L217-9 of the Consumer Code.
  • Is not required to provide proof of the defect's existence for six months following the delivery of the product.

The legal guarantee of conformity applies independently of any commercial warranty that may be offered.

The client may also choose to invoke the guarantee against hidden defects in the product as defined by Article 1641 of the Civil Code. In this case, they can choose between canceling the sale or requesting a price reduction under Article 1644 of the Civil Code.

For all inquiries related to legal guarantees, the client must contact customer service via email at: contact@ERNESTLEOTY.com. These provisions do not exclude the right of withdrawal outlined in Article 5 above.

6.5 Consequences of Exercising the Guarantees

Under the legal guarantee of conformity, ERNEST LEOTY undertakes to:

  • Replace the product with an identical one, depending on available stock, or
  • Refund the price of the product within a maximum of 30 days if replacement is not possible.

Under the legal guarantee against hidden defects, ERNEST LEOTY commits to, after evaluating the defect:

  • Refund the full price of the returned product within a maximum of 30 days, or
  • Refund a portion of the price within the same timeframe if the client chooses to keep the product.

ARTICLE 7 – RETURN POLICY

7.1 Right of Return

In the event of receiving a non-conforming product and subject to the provisions of Article 5, the Client is entitled to return the non-conforming product to ERNEST LEOTY within thirty (30) days of receiving it.

Please note that ERNEST LEOTY does not accept packages sent as "cash on delivery." The product must be returned in its original packaging and condition. The Client must include in the package a copy of the invoice and the return slip provided by the Customer Service team, which must be requested in advance via email at: contact@ERNESTLEOTY.com.

ERNEST LEOTY will verify the product's non-conformity, which, if confirmed, will result in an automatic refund to the Client. The refund will be credited to the bank account used for the initial purchase within thirty (30) days of ERNEST LEOTY receiving the non-conforming product. This refund will include the initial delivery fees if all the delivered products are returned. If only part of the order is returned, the initial delivery fees will not be reimbursed.

All risks associated with returning the product remain the Client's responsibility.

7.2 Right of Exchange

In the event of receiving a non-conforming product and subject to the provisions of Article 5, the Client is entitled to exchange the non-conforming product with ERNEST LEOTY within thirty (30) days of receiving it.

The Client may return the product to be exchanged via postal service after obtaining a return slip by contacting the Internet Customer Service team via email: contact@ernestleoty.com.

ERNEST LEOTY will verify the product's non-conformity, which, if confirmed, will result in an exchange.


ARTICLE 8 – ERNEST LEOTY’S LIABILITY

ERNEST LEOTY cannot be held responsible for any inconveniences or damages inherent in using the Internet, including service interruptions, bugs, external intrusions, or the presence of computer viruses.

Notwithstanding the above, ERNEST LEOTY's liability under these General Terms and Conditions of Sale shall not exceed the amounts paid or payable for the transaction that gave rise to the liability, regardless of the cause or form of the action.


ARTICLE 9 – INTELLECTUAL PROPERTY

ERNEST LEOTY is a registered trademark, and the website is the sole property of ERNEST LEOTY, which holds all necessary intellectual property rights to operate it.

The general structure of the website (graphic design) and its content (texts, slogans, graphics, images, sounds, videos), including software, databases, and newsletters (hereinafter referred to as "Content"), are the property of ERNEST LEOTY or third parties authorized to use them and are protected under copyright law.

No license or rights other than consulting the website are granted. Reproduction of all or part of the website or its Content is permitted solely for informational purposes for personal and private use.

In accordance with the Intellectual Property Code, any representation, reproduction, modification, or distortion of the Content, by any means and on any medium, without the prior express consent of ERNEST LEOTY, is prohibited and constitutes copyright infringement. Unauthorized use of the website or its Content will subject the User to both criminal and civil liability.


ARTICLE 10 – DATA PROTECTION

ERNEST LEOTY collects personal data from Clients and, where applicable, from the recipient of the order.

For more information, please consult our Legal Notice page.

ERNEST LEOTY has implemented security measures to protect the personal information you provide from unauthorized access and use. All financial information provided on the website is stored securely by the financial institution chosen by ERNEST LEOTY. Transactions on the website are protected by encryption. However, please note that no data transmission over the Internet is 100% secure, and any information communicated online may be intercepted and used by parties other than the intended recipient.

All personal data is subject to the provisions of Law No. 78-17 of January 6, 1978, as amended. As such, you have the right to access, correct, or delete data concerning you, and to object to the processing of this data for direct marketing purposes by contacting Customer Service via email at contact@ernestleoty.com. You are also responsible for keeping your information up-to-date, including postal and email addresses, to ensure proper delivery of your orders and to facilitate communication regarding your orders if necessary.


ARTICLE 11 – FORCE MAJEURE

Neither the Client nor ERNEST LEOTY can be held responsible for the total or partial non-performance of their obligations if this non-performance is due to an unforeseeable event or force majeure, such as, but not limited to, flooding, fire, storm, raw material shortages, transportation strikes, partial or total strikes, or lockouts, as determined by applicable case law.

The party affected by such events must inform the other party as soon as possible and no later than five (5) business days after the event occurs.

The Client and ERNEST LEOTY agree to consult with each other promptly to determine how to execute the order during the force majeure event.


ARTICLE 12 – PARTIAL INVALIDITY

If one or more provisions of these General Terms and Conditions of Sale are deemed invalid or declared as such by a law, regulation, or final decision of a competent court, the remaining provisions will retain their full force and effect.


ARTICLE 13 – NON-WAIVER

The failure of either party to enforce any clause of these General Terms and Conditions of Sale, whether permanently or temporarily, shall not be considered a waiver of the rights of that party arising from said clause.


ARTICLE 14 – ENTIRETY OF THE CONTRACT

These General Terms and Conditions of Sale and the order summary sent to the Client form a contractual agreement constituting the entirety of the contractual relationship between the parties.

It is expressly agreed between ERNEST LEOTY and the Client that emails and the automated recording systems used on the website will serve as proof, particularly regarding the nature and date of the order.

The Client may access the electronic contract concluded with ERNEST LEOTY in accordance with general legal principles by contacting Customer Service via email and providing all necessary details, including the order number and their contact information.


ARTICLE 15 – CUSTOMER SERVICE – MEDIATION SERVICE

For any information, complaints, or questions regarding these General Terms and Conditions of Sale or the products themselves, the Client should contact Customer Service via email at: contact@ernestleoty.com.


ARTICLE 16 – APPLICABLE LAW AND DISPUTES

The law applicable to these General Terms and Conditions of Sale and related orders is French law unless the law of the Client's country of residence provides for higher protection that cannot be waived by agreement, in which case that law will apply.

Unless otherwise required by the French Civil Procedure Code, any dispute arising from the validity, interpretation, or execution of these General Terms and Conditions of Sale that cannot be resolved amicably will be subject to French courts, notwithstanding multiple defendants, emergency procedures, or expert involvement.