Art.1: Scope of the terms and conditions of sale
The company Lexibook SA, having its registered office at 2 avenue de Scandinavie, ZA de Courtaboeuf, 91940 Les Ulis, France, with a share capital of €2,020,506.00, registered in the Evry Trade and Corporate Register under number 323 036 921 RCS , tel. +33 (0)1 73 23 23 23 (hereinafter called ‘the Company’) offers for sale, through the intermediary of a section dedicated to second-hand products (hereinafter called "Lexibook Discount") on its Lexibook website www.lexibook.com, a range of second-hand products aimed at private customers. These general terms and conditions of sale apply to all sales carried out by the Company on behalf of Lexibook Discount, excluding all other conditions. The general terms and conditions of sale aim to define the terms of sale between the Company Lexibook SA and the consumer, from ordering through to payment and delivery. They regulate all necessary stages for making the order and ensure that this order is monitored by both contracting parties.
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The Company Lexibook designs, manufactures and markets consumer electronic devices as well as educational toys and electronics. Through its e-commerce website Lexibook.com it offers a section dedicated to second-hand products. Lexibook Discount. This section is aimed at private customers. The products on offer may have come from returns through our after-sales service or end-of-line stock, and unsold items. These products have been given a "second life", being sold at prices lower than the original sale price. Most of our products are tested and reconditioned in our workshop by qualified technicians. As these are second-hand products, they may no longer have their original packaging. Lexibook Discount offers a diverse range of second-hand products from five main categories: toys, multimedia, clocks and watches, telephones and office equipment. The main product details are described in the product data sheets. The Company Lexibook reserves the right, at any time and without prior notification to the customer, to add new products, delete all or part of a range of products on sale or offered in the online catalogue, to change the product range or cease sales on their Site. Our product offers and prices are valid as long as they are visible on the site, and are subject to availability. Upon receipt of your order, we check the availability of the product(s) ordered. In the event that a product is no longer available, we commit to either delivering or refunding the product within 30 days of the order confirmation. In the event that one of the items you have ordered is out of stock, we will inform you immediately via email or by telephone and will dispatch the remaining items.
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In accordance with the provisions of the French law of 13 March 2000 relating to electronic signatures, any order confirmed by the customer by a "double click" in order to, on the one hand, accept the terms and conditions of sale, and on the other hand, confirm their order, constitutes irrevocable acceptance that can only be contested within the scope of these terms and conditions of sale, this also applying to the "right to cancel" and when "out-of-stock". Furthermore, the order can only be registered on the website if the Customer identifies themselves clearly with their username (email address) and password. The customer agrees to providing the Company with their full and up-to-date information. In the event of incomplete and inaccurate information, the Company reserves the right to unconditionally cancel the order as well as the payment. In conformity with the amended French data protection and civil liberties act of 6th January 1978, the Customer has the right to access, modify, rectify and delete any data concerning them. To exercise this right, please send an email to:
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or a letter to Lexibook SA - Service Vente en ligne – 2 avenue de Scandinavie, 91953 Courtaboeuf cedex, France. The Customer must check all the information entered when making the Order (product ordered, quantity, delivery address, billing address, telephone contact details etc.) This information are summarised in the email confirmation that is sent to the Customer upon receipt of the order by the online customer service department at the company Lexibook. If any incorrect details are noticed, the Customer must contact the customer service department within 24 hours of receiving the confirmation emai at the following email address:
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. The company Lexibook will not be held responsible for possible errors made by Customers when entering their details, nor of any consequences of this in terms of late or incorrect delivery, including for orders made by telephone. Accordingly, if delivery is not possible due to incorrect information being entered by the Customer, the delivery costs will be charged to the customer. In this case, the Customer will not be permitted to reclaim any costs for late delivery.
Amending the order
If, after confirmation of the order, the Customer would like to amend it, they must contact the customer service department within 24 hours at the following address:
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.
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Art.4: Prices and billing
4A/ Prices and Promotions
The second-hand products sold on Lexibook Discount are reserved for private customers. The prices of our products are shown in Euros, including taxes and ecotax, and excluding handling and delivery fees. The products are reconditioned and have been given a second life at a lower price than the original sale price. Lexibook reserves the right to modify these prices at any time but the products will be billed on the basis of the prices published at the time of the order confirmation. The Customer can also benefit, during certain periods, from promotional offers on certain products. These offers will be advertised online at Lexibook Discount and will be valid during the period indicated and always subject to stock availability. The products remain the property of Lexibook SA until the full amount for the order has cleared.
4B/ Billing
An invoice is created for each delivery and is available in the Customer account created by the Customer when making their order. Any complaint regarding an invoice must be brought to the knowledge of the Company via email within 10 days of receipt at
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. Failing this, the invoices will be considered as accepted without reserve. Possible unsuccessful attempts to deliver an order cannot justify refusal to pay for delivered products. Any claim made by the Customer against the Company is in no case reason to suspend payment for any uncontested part of the invoice.
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5A/ Secure online payment by bank card
On Lexibook Discount, online payment is completely secured by a server functioning in SSL mode (128 bits) and thanks to the payment solution put in place by our partner BNP Parisbas, Merc@net, you are guaranteed complete confidence when making online purchases. Our site accepts French bank cards (carrying the CB symbol) and international bank cards (carrying the VISA or MASTERCARD symbol). You need to enter the card number, expiry date and the cardholder's name. For additional security, you also need to enter the card security code as follows: the 3 last digits of the number on the back of the card, on the signature strip. All bank transactions are carried out on BNP secured servers: neither the Company Lexibook, nor any other web user has access to your bank details. Neither do BNP have details of your purchases. Your private life is therefore guaranteed.
5B/ Secure payment by Paypal
Paypal enables you to pay directly without communicating your financial details to Lexibook. Paypal automatically encrypts your confidential information using the best technology available on the market. You pay online by simply entering your email address and password.
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Order dispatch times:
The Company makes every effort to dispatch your order within 24-48 hours following payment confirmation. Deliveries are dispatched depending on availability and on a first-come, first-served basis. In the event that any of your ordered products is unavailable, the Company will inform the Customer when the Products become available, and will process, in the absence of further and immediate instructions to the contrary by the Customer, partial delivery of the order. In addition to the dispatch time above, delivery of the item(s) will take 48-72 hours for delivery, depending on the region. All our deliveries are carried out by the carrier from Monday to Friday, excluding public holidays. Delivery is effective from the moment the products are collected by the carrier, who will deliver the order to the delivery address mentioned by the Customer on the order confirmation, along with the delivery note. We insure deliveries to mainland UK. However, we do not insure deliveries to overseas territories and the Islands. To consult our delivery rates, please click here. A delay in delivery can, under no circumstances, give the right to cancel current orders, and no compensation or penalty for late delivery for whatever reason, importance or consequence, direct or indirect, can be claimed. The Company shall not be held responsible for any late delivery due to the carrier or in the event of force majeure. In particular, the following are considered as force majeure, releasing the Company by operation of law and without legal formality from its obligation to deliver and, more generally, from any responsibility: lock-out, strikes, accidents or manufacturing delays, war, rioting, fire, flooding, water damage, storm, lightning, court order, a decision of the authorities, whatever the nature, requisition or delay during delivery of the products, or more generally, in the case of any event occurring outside the control of the Company. The Company will keep the Customer informed, as soon as is reasonably possible, in the event of force majeure liable to have an effect on the delivery of a product. However, if, thirty days after the indicated delivery date, the ordered product has not been delivered for any reason other than force majeure, the sale may be cancelled upon the request of the Customer by email to:
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. The Customer can, in this case, received a refund of sums transferred for the order, excluding all other compensation or damages. The Customer will also have the possibility of accepting a new delivery date without, however, having the right to a reduced price or damages. In any circumstance, timely delivery is only possible as long as the Customer is fully aware of their obligations towards to Company, whatever the cause. In the event of unavailable stock, the customer will be informed by email or telephone. They can then request partial delivery and a later delivery of the item(s) concerned or may request a refund of the value of the non-delivered item(s).
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Art.7: Returns / Exchanges / Refunds
7A/ Right to cancel
Second-hand or reconditioned products sold on Lexibook Discount can be returned within 7 days of delivery. The return delivery fees are the responsibility of the customer. Refunds for any product(s) returned will be processed within 7 to 10 days following receipt of the package by our after-sales service.
7B/ Defective on Arrival & non-conformity of delivery
In the event that the product is defective upon arrival or if the product does not conform to the order, the Company will exchange the product. The Customer must contact the After-Sales Service by completing the contact form on the "Contact" page, then "After-Sales Service" within 7 working days of the delivery date. The Customer will not be obliged to return the defective items delivered. As far as possible a replacement product will be provided. The Customer will need to wait for between 1 and 2 weeks to receive a replacement product. If this is not possible, the product, as well as the delivery fees invoiced, will be refunded in full.
7C/ Defective product under guarantee
If a problem arises with the product and it is still under guarantee*, the Customer must contact our After-Sales Service by completing the contact form on the "Contact" page, then After-Sales Service in the Lexibook Discount section of the site. If the problem cannot be fixed remotely, the Company will exchange the product. The Customer will not be obliged to return the defective item(s). The Customer will need to wait for between 1 and 2 weeks to receive a replacement product.
* refers to art.8 - Guarantees
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The second-hand products sold by the Company Lexibook SA are subject to a contractual guarantee of 3 months (subject to legislative amendments), from the date of purchase of the product by the final user. This guarantee covers material or manufacturing defects attributable to the manufacturer, excluding any deterioration resulting from not following the instruction manual or any inappropriate treatment of the product (disassembly, exposure to heat or water etc.). Electric and electronic devices: We inform you that the presence of dangerous substances in electric and electronic equipment may have harmful effects on the environment or human health. You, therefore, must not dispose of the product among non-sorted household waste. This is why Lexibook adheres to ERP, an organisation that handles used electronic products.
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Art.9: Limitation of liablity
The products may differ from those in the photos. The Customer is asked to read all the technical product characteristics before confirming their order. The Company Lexibook cannot be held liable for differences between product characteristics, their illustrations and their conditions of sale. In the case of links to external sites, Lexibook cannot be held liable in the event that the content on the external site contravenes legal or regulatory provisions. The complete or partial impossibility of using the products due to incompatible materials cannot give way to compensation, whether this be a refund or if the liability of the Company Lexibook is invoked. If the event that the Company be held liable for failing to carry out, or for incorrectly carrying out, their service offer, the total compensation cannot, by express agreement, exceed an amount equal to the price of the Product for which compensation is being requested.
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The present site has been subject to CNIL (Commission Nationale de l'Informatique et des Libertés, French Data Protection Authority ) under No. 1335627. All information gathered by Lexibook Discount concerning the Customer is processed for dealing with online orders and additional contractual obligations, such as guarantees. They may be used for business development and communicating promotions relating exclusively to activities of the Company Lexibook , and may be sent to Lexibook service providers or to any administrative or judicial authority that demand it, upon the express authorisation of the Customer. In accordance with the provisions of the French law relative to Data Protection (la loi Informatique et Libertés) No. 78 of 6th January 1978, the Customer may, at any time, access personal information concerning them and held by www.Lexibook.com, or request that they be amended or deleted by sending an email to
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or by post to the following address: Lexibook SA - Service Internet, 2 avenue de Scandinavie, 91953 Courtaboeuf cedex, FRANCE. This way, the Customer can request that any data regarding them that is inaccurate, incomplete, ambiguous, out-of-date or whose collection, use, communication and retention is forbiDisney Downloadsen, be irrevocably rectified, completed, clarified, updated or deleted. In order to better know each customer and to communicate information suited to their needs, the company Lexibook can collect personal information for the use of cookies. The Customer can oppose and deactivate this function.
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Art. 11: Intellectual Property
All visual or audio elements that constitute the Lexibook Discount section of the website, whether relating to images, content, commentaries, images, photographs or videos, including the underlying technology, are protected by copyright, brands or patents. They are the exclusive property of www.lexibook.com Any reproduction, partial or whole, of the Lexibook Discount section is strictly prohibited. Any user owning a personal website, and who for personal use, wishes to place a link directly to the Lexibook Discount section of the site www.lexibook.com, must request authorisation from the company Lexibook. Any link must be removed upon the simple request of the company Lexibook.
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These general terms and conditions of sale and the online sales contract are subject to French law. Any dispute relative to the interpretation, execution or breaking of the contract established between Lexibook and the Client, even in the case of guarantee claims or to multiple defendants, in the absence of an amicable agreement, will be subject exclusively to the jurisdiction of the French courts.
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Art.13 : Acceptance of the customer
The previous general terms and conditions of sale, as well as the prices, are expressly agreed upon and accepted by the Customer, who confirms and recognises to having a perfect knowledge of them. Based on this fact, the Customer waives the right to use any contradicting document, in particular, their own general terms and conditions of sale. The act of purchasing constitutes acceptance of these general terms and conditions of sale. If any of the provisions of these General Terms and Conditions for Lexibook are declared void, in full or in part, the other provisions, rights and obligations that make up these General Terms and Conditions will remain unchanged and applicable. The updated version of the General Terms and Conditions of Sale for the Lexibook Discount section of Lexibook.com is permanently available to the Customer online. General Terms and Conditions of Sale updated 29th August 2011.
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