General Terms and Conditions of Sale | Legal Notice

Welcome to www.lesybarite.fr.

Navigation on the site www.lesybarite.fr requires the prior and unrestricted acceptance of these general terms and conditions of use and the general terms and conditions of sale (hereinafter referred to as the "GTC") as well as our personal data protection policy. We therefore invite you to read them carefully.

  1. Legal Notice

The website www.lesybarite.frThe "Site", hereafter the "Site", is published by the Sybarel company, a limited liability company with a capital of 1000 euros whose head office is located at 116 rue des Moines, 75017, Paris.

All our packages are shipped from our logistics center located in Gennevilliers, France.

  • French VAT number: FR 50 878 921 410
  • Registration RCS: 878 921 410 R.C.S. Pairs
  • Date of registration: 14/11/2019
  • Director of the publication: Thibaut Billerot, Nassim Cheaib
  • Accommodation: OVH
  • Email : Contact form

Legal Representatives: Thibaut Billerot, Nassim Cheaib

  1. General terms and conditions of use (GTCU)

The purpose of these general terms and conditions is to define the terms and conditions of access and use of the Site.

Any connection to the Site is subject to compliance with these terms and conditions. For the User, the simple access to the Site Le Sybarite of the SYBAREL company at the URL address www.lesybarite.fr implies acceptance of all the conditions described below.

Conditions of access and use of the Site

The Site is accessible free of charge to any User with internet access. All costs related to access to the Site, whether hardware, software or internet access costs are the sole responsibility of the User/Customer.

Certain services of the Site are however reserved only for Users with an account on www.lesybarite.fr, hereinafter the "Identified Users".

It is therefore specified that in the present General Conditions of Use, the term "User" includes all Internet users who access the Site, whether or not they have an account.

To have an account, the User must register by completing an online form provided for this purpose. When registering, the User chooses an Identifier (e-mail address) and a Password which are strictly personal and confidential. The User therefore expressly undertakes to maintain their confidentiality and to bear all the consequences that may result from their voluntary or involuntary disclosure.

In this respect, the User undertakes to declare to SYBAREL any unauthorized use of the said account as soon as he becomes aware of it. Consequently, SYBAREL declines all responsibility in case of loss or improper use of the password.

The SYBAREL company will implement all means to ensure access to the Site 24 hours a day, 7 days a week, but cannot be held responsible for a possible malfunction that would prevent any access to the Site and/or to the various services offered by SYBAREL. SYBAREL will do its utmost to resolve any problem as soon as possible.

Account creation

The following services are available to Users with an account on the Site:

  • follow an order with more ease
  • access his profile information
  • order with ease

By creating an account, the User accepts the present T&Cs and our personal data protection policy.

Access to the services includes subscription to SYBAREL newsletters. The identified User has at any time the possibility to unsubscribe by clicking on the link provided for this purpose located at the bottom of each newsletter. This link is also accessible on the Site in the "My Account" section.

The creation of an account on the Site is reserved for any natural person aged at least 18 years old. Each User may create only one Sybarel account.

All fields in the Account Creation form must be filled in except those indicated as optional. Failure to do so will result in the account not being created. All information provided by the User must be accurate.

When the User creates an account on the Site, he or she will receive a confirmation e-mail the same day. SYBAREL reserves the right to delete any account which does not respect the present contractual conditions.

A User placing an order on SYBAREL becomes a Client. A Client must be a natural person acting for purposes which do not fall within the scope of his commercial, industrial, craft or liberal activity and must be at least 18 years old. The Client has a SYBAREL client account. The Customer must provide a mobile phone number and a postal address.

Account blocking

Sybarel reserves the right to close any customer account and consequently refuse any sale in case of abusive, unfair or fraudulent use of the ordering service offered on the site or failure to comply with any of the Client's obligations defined in these GCS, in particular in the event that the same user hides behind different customer accounts for fraudulent purposes or disrupts, in any way whatsoever, one of the services offered by Sybarel.

Intellectual Property

The SYBAREL company is the owner and/or has the authorization to use all the rights relating to logos, trademarks, distinctive signs, product visuals as well as databases and software used within the framework of its activity.

Any total or partial representation or reproduction of these elements by any process whatsoever is prohibited and would constitute an infringement punishable by the law of 18 April 2001 on copyright, neighbouring rights and databases, modified by the laws of 18 April 2004 and 22 May 2009.

III. General Terms and Conditions of Sale (GTC)

Article 1: Preamble

The SYBAREL company offers for sale through the site www.lesybarite.fr various products that Internet users, natural persons aged at least 18, can purchase, in particular through a secure online payment procedure implemented and managed by the banking establishments whose services it has joined. The SYBAREL company uses service providers in order to allow the delivery of the products ordered by the consumer via the aforementioned site, and this according to the methods and deadlines indicated on the site at the time of the order. The site www.lesybarite.fr is realized in French language, as well as all the steps, electronic or not, necessary to the validation of the order by the consumer. The contracts of sale concluded between the SYBAREL company and the consumer are thus in French language.

Article 2: Application

The present general conditions apply to any sale of products presented on the site www.lesybarite.fr. Any order placed with the SYBAREL company therefore implies unreserved acceptance of these conditions. Only the buyer can take advantage of the present terms and conditions, and in particular the provisions relating to returns. The present general conditions can be modified at any time and without notice by SYBAREL, the modifications being then applicable only to orders made after their implementation date. The present general terms of sale are permanently accessible via the www.lesybarite.fr website in computer formats allowing their printing and/or downloading, so that the consumer can proceed to their reproduction or their saving. The fact of ticking "I accept the general conditions of sale" means that the consumer accepts the present general conditions of sale. The sale is reserved for consumers who are adults (over 18 years old) or minors with parental authorisation.

Article 3: Products

3.1: Prices

The prices are likely to be modified at any time in particular because of the variations of the suppliers' tariffs, of variation of exchange rate between currencies, of an offer of launching, promotions or sales.

3.1.1: For orders delivered in Europe

The prices are displayed in euros all taxes included, and excluding participation in the shipping costs. They are subject to value added tax depending on their destination:

  • Belgium: 21% Belgian value added tax
  • Luxembourg: Luxembourg value added tax of 17%.
  • France and the rest of Europe: French value added tax of 20% (except in the cases provided for in Article 262 ter I of the CGI and/or for certain consumers due to their geographical location)

Any change in the legal rate of these taxes will be reflected in the price of the products presented on the site www.lesybarite.fr on the date stipulated by the applicable legislative or regulatory text.

3.1.2: For orders delivered in Switzerland

The prices are displayed in Swiss francs, all taxes included, and exclude participation in shipping costs. They are subject to the Swiss value added tax of 7.7%, and any change in the legal rate of this tax will be reflected in the price of the products presented on the site www.lesybarite.fr on the date stipulated by the applicable legislative or regulatory text.

3.1.3 : For orders delivered outside Europe and Switzerland

The prices are displayed in euros excluding taxes. Any order validated on the site and delivered outside the European Union and Switzerland may be subject to possible taxes and customs duties that are imposed when the package reaches its destination (see Article 7.).

3.2 : Shipping costs

Products are shipped from the following address: 7 route des Champs Fourgons, 92230, Gennevilliers, France

The prices are displayed excluding shipping costs. The participation in the shipping costs varies according to the carrier selected by the consumer and / or the place of delivery indicated at the time of the order. Its amount is indicated before the validation of the order. The contribution to the shipping costs can be fully or partially paid by SYBAREL on a punctual basis. The rate of shipping costs according to the place of delivery is available at any time in the "Delivery & Easy Returns" section of the "Customer Service" section of our website (or by clicking here).

3.3: Unavailability

In the event of temporary unavailability of a product, the SYBAREL company will inform the consumer of the new deadlines applied by the suppliers and/or manufacturers of the product concerned as soon as possible. If this unavailability is prolonged excessively or becomes final, the SYBAREL company will do its best to propose an equivalent product to the consumer or will proceed to the cancellation of the order and to the refunding of the consumer.

Article 4 : Conclusion of the contract

In all cases, the contract of sale shall only be deemed concluded when the consumer's account is debited in the case of payment cards, the date of receipt of the transfer in the case of a bank transfer, and the date of cashing of the cheque in the case of payments by cheque.

4.1 : Order

The products offered for sale are presented on the site www.lesybarite.fr and accompanied by a description. Consumers wishing to purchase one of these products can click on its graphic representation and then on the "add to cart" button. This product is added to his shopping cart already containing, where appropriate, other items that the consumer wishes to purchase and previously placed by himself in his shopping cart. When the consumer intends to finalize his order, he can click on the "validate my basket" button that appears in his shopping cart. He is then directed to a page offering a summary of all the items to be included in his next order, and he has at this stage the possibility of deleting some of the items that appear in the shopping cart and consequently in the summary. He also has the possibility to cancel the procedure, and to return to his shopping cart without validating the order. If the summary containing the prices of the products and the delivery charges as announced elsewhere on the www.lesybarite.fr site are convenient for him, the consumer can enter his delivery and billing information and then select his method of payment. Once the payment is validated, SYBAREL sends the consumer a summary of his order by e-mail including in particular the details of the items ordered, the total price including all taxes (except in the cases provided for in article 262 ter I of the CGI and/or for certain consumers because of their geographical situation) including the amount of the delivery costs, and the envisaged delivery times.

4.2: Payment

The consumer expressly declares that he has all the necessary authorizations to use the payment method he has chosen during the validation of his order. He also undertakes to ensure his solvency before any order, in the absence of the SYBAREL company being able to proceed with the delivery of the ordered products. The SYBAREL company also reserves the right to suspend or cancel any order or delivery in the event of refusal to deliver an authorization of payment from the financial organizations questioned, depending on the method of payment chosen by the consumer.

In the same way, SYBAREL reserves the right to refuse to take into account an order or to make a delivery from a consumer with whom a dispute relating in particular to the payment of a previous order would remain. The consumer is moreover advised that the SYBAREL company can proceed to the analysis and/or the verification of the orders placed in order to fight against fraud, and in this context reserves the possibility to ask the consumer for any proof that it would consider useful. It reserves at the end of this procedure the possibility of suspending or cancelling any order or delivery, even in the event of authorization of payment delivered by the financial organizations concerned, in the cases where this analysis and/or these checks would give to think that the aforesaid order is placed in fraud of the rights of a third party. Furthermore, it shall not be liable in the event of misappropriation or fraudulent use of any means of payment that has not been detected by this analysis and/or verification procedure.

4.2.1: Payment by credit card

If the consumer would opt for a payment by credit card, it will be directed to the secure server of the said bank to proceed with payment in a secure manner. The bank details of the consumer are thus at no time in possession of the SYBAREL company; their conservation and the maintenance of their integrity is thus the responsibility of the banking establishment.
The authentication procedure "3D Secure" (also called "Verified by Visa" and "MasterCard SecureCode") allowing to guarantee an optimal security during online purchases by verifying the identity of the card user can be activated. The authentication methods are specific to each bank: it may be requested to enter personal data (such as date of birth) or to enter a code received by SMS or to answer a personal question.
Once the payment has been validated by the consumer on the bank's secure server, he or she can return to the www.lesybarite.fr website.

4.2.2: Payment by bank transfer

The consumer must ensure that he pays the transfer costs charged by his bank. The SYBAREL company must collect the net amount of the order.

4.2.3 : Payment with Paypal

The consumer will have to comply with the conditions of use present on www.paypal.com in order to be able to make purchases on www.lesybarite.fr. The consumer acknowledges and accepts that in case of payment by Paypal, the amount of his payment will be cashed at the time of validation of his order.

4.2.4 : Gift vouchers

SYBAREL offers the possibility for consumers to purchase gift vouchers with a predetermined amount. A gift voucher is delivered by email in PDF format. Its validity is one year from the date of order by the consumer. The gift voucher is unbreakable and must be spent on a single order whose amount must be equal to or greater than the total amount of the voucher(s) used.

4.2.5 : Default of payment

Sybarel reserves the right to close any customer account in the event of non-payment.

Article 5: Delivery

5.1: Information

Products are shipped from the following address: 7 route des Champs Fourgons, 92230, Gennevilliers, France. The products are delivered to the delivery address provided by the consumer when ordering online or offline, and only in the delivery zones proposed by the SYBAREL company at the time of the order. The list of these delivery zones is available at any time. in the "Easy Delivery & Returns" section of the "Customer Service" section of our website (or by clicking here).

If the delivery address is different from the billing address, it is appropriate for the consumer to provide these two separate addresses in the order form. Only the delivery address determines the application or not of the French VAT or the country of delivery (if applicable) or customs duties. It is likewise up to the consumer to provide all useful information for delivery when ordering to enable the carriers to make the delivery. In the event of erroneous or incomplete information having led to the impossibility for the carrier to proceed to the delivery, a second delivery will be carried out after the return by the carrier of the goods to the SYBAREL company, this in return for the prior payment of the amount of new shipping costs on behalf of the consumer.

5.2 : Delivery - absence

The products ordered are only delivered to their recipient against signature (except in the case of light and small products sent in bubble envelopes, which can be dropped off in a letterbox directly or if this option is not offered by the selected Carrier). The consumer must examine the physical condition of the package delivered by the carrier as well as the contents of the package in the presence of the deliveryman. Any anomaly noted in one or the other of these titles must imperatively be the subject of handwritten reserves carried on the delivery slip of the carrier; these reserves must be explained, detailed, dated and signed by the consumer to avoid any dispute. No claim can be registered in the absence of reservations made at the time of delivery. In case of absence, and depending on the carrier selected by the consumer when ordering, the latter leaves a notice in the consumer's mailbox inviting him to collect the products at a given address or to contact him to arrange an appointment to make a new delivery.

5.3 : Delay - Loss

In case of important delay or difficulty in locating the parcel, the consumer can contact the SYBAREL company which will open an investigation in order to obtain explanations on the hitch or to try to locate the parcel possibly mislaid by the carrier. The consumer will have to provide the SYBAREL company with all useful information likely to enable it to locate the products ordered through the intermediary of the carrier.
If the products have not been delivered within 7 days beyond the deadline announced at the time of the order, and if this excess is not due to a case of force majeure, the customer can proceed to the resolution of the sale by sending a registered letter with acknowledgement of receipt to the following address: Sybarel, 116 rue des Moines, 75017, Paris, France. The sums paid by the client will then be fully refunded. The client has a period of 60 working days from the date of dispatch of the order to request cancellation of the sale and reimbursement of the articles on the grounds that they have not been delivered. No delivery dispute will be accepted after this period.

Article 6: Returns

6.1 : Terms and conditions of returns

The consumer has a cooling-off period allowing him to cancel his purchase without having to justify his reasons or pay penalties within 14 calendar days from delivery, in application of the provisions of European Directive 2011/83/EU and following of the Consumer Code. The terms and conditions for exercising this right of retraction are mentioned in the paragraph "Conditions of return" below. The consumer must inform the SYBAREL company of his intention to return articles within the framework of the exercise of his right of retraction by means of an unambiguous declaration.

The consumer can use the model withdrawal form below.

Withdrawal model:

For the attention of Sybarel SAS, 116 rue des Moines, 75017, Paris, France

I/We (1) hereby notify you/us (1) of my/our (1) withdrawal from the contract for the sale of the good (1) / for the provision of the service (1) below:

Ordered on (1)/received on (1):

Name of consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only if this form is notified on paper):

Date:

(1) Delete as appropriate.

The exercise of the right of withdrawal shall be excluded for contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

At SYBAREL the consumer has 14 days from the date of reception of the articles to return them, subject to the respect of the conditions stated in the paragraphs below.

6.2 : Return conditions

The consumer should preferably inform the SYBAREL company of his intention to return items, by following the steps described at this link: https://www.lesybarite.fr/pages/livraison-retours-gratuits. If the customer's order includes several articles, he will have to indicate at the time of this return request all the articles he wishes to be reimbursed. In the event that the consumer does not respect this procedure, the deadline for processing the return may be extended.

Products returned by all our other customers must be sent to the following address: Cubyn, 7 route des Champs Fourgons, 92230, Gennevilliers, France. This shipment will be at the expense of the consumer and under his responsibility (except in cases where the SYBAREL company offers a "free return" see 6.3, or an "easy return" see 6.4), it is the responsibility of the consumer to insure the transport.

In certain specific cases of returns motivated by a proven product defect or by the sending of a bad reference by the SYBAREL company, the return costs will be taken in charge via the sending to the consumer of a "prepaid return label" or reimbursed on the basis of a standard registered parcel (no express delivery) and on presentation of an invoice from a Carrier (La Poste for shipments from France).

The consumer will have to take the utmost care of the products and their packaging. Returned items must arrive in perfect condition for resale, in their original packaging, with no trace of use, and with the labels attached to the product (except for returns motivated by a proven product defect). Upon receipt of the package, SYBAREL will judge the perfect condition of the returned merchandise. Any return of a product that is visibly used or damaged, not being correctly packed, or whose packaging would have been deteriorated, making the product unfit for sale will not be accepted, without the customer being able to demand any compensation or right to reimbursement. It will then be up to the sender to recover the items at his own expense. If the sender wishes one or more items that fall into one or more of the above cases to be returned, it will be up to him to pay the necessary sums for this reshipment beforehand. Repackaging costs may be deducted from the possible refund addressed to the consumer in the case where the returned goods will have been accepted by the SYBAREL company in spite of minor deterioration of the packaging of the goods (plastic film or labels which are no longer attached to the article for example).

The risks of return transport are entirely the responsibility of the sender, and it is therefore up to him to take all the necessary steps to ensure the safety of the transport, in particular by ensuring that it is sent and by keeping the proof of departure on which the consignment number appears (this document will be systematically requested by the Carriers in the event of a complaint). Complaints to the Carrier are the sole responsibility of the sender and therefore of the consumer.

Subject to the respect of the above-mentioned provisions, the SYBAREL company will refund the products ordered for the amount indicated on the order form, minus the amount of any coupons and reduction vouchers used at the time of the order and whose conditions of application would no longer be satisfied and the return costs as provided for in articles 6.3 and 6.4 if these were applicable. This refund will be made within 7 days following the reintegration of the products into stock. No refund will be made if the above conditions are not met.

6.3 : Special case of the "free return" offer

A consumer whose delivery address is in metropolitan France will be able to take advantage of a free and prepaid return.

A consumer whose delivery address is in metropolitan France will only be able to benefit from the free return if, at the time of making his return request, he opts for a refund in the form of a credit note (see 6.5). If the consumer does not opt for a refund in the form of a credit note but for a refund via the means of payment used at the time of the order and if he uses a prepaid return label made available by the SYBAREL company, the consumer will receive a refund minus a fixed amount of 5 € including all taxes, as a contribution to the shipping of his return.

6.4: Special case of the "easy return" offer

A consumer whose delivery address is in Austria, Belgium, Croatia, Czech Republic, Estonia, Finland, Germany, Greece, Ireland, Italy, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Switzerland, or the United Kingdom may take advantage of an easy return with a prepaid label provided by Sybarel by choosing, at the time of the return request, an option specifying "prepaid label provided by Sybarel".

In the case of the choice of such an option, the consumer will receive a refund minus the shipping rate per prepaid label supplied by SYBAREL, which is based on the country of delivery of the consumer and can be consulted at any time in the "Delivery and Easy Returns" section of the "Customer Service" section of our website (or by clicking here).

If the consumer opts for a refund in the form of a credit note (see 6.5) SYBAREL will contribute to the return shipping costs by reducing the applicable prepaid label shipping rate by €5 including tax.

6.5 : SYBAREL's credits

The credit notes are valid for an unlimited period of time and are credited to the customer's account. The balance of the credit notes can be consulted at any time in the heading "My Account of the consumer.

It will be automatically offered as a payment method for future orders. If the amount of a next order is lower than the amount of your credit notes, the new balance will be available in the consumer's account immediately after the order.

Article 7: Customs duties

Any order validated on the site and delivered outside the European Union and Switzerland may be subject to possible taxes and customs duties that are imposed when the package reaches its destination. These customs duties and possible taxes related to the delivery of an item are the responsibility of the consumer. SYBAREL is not obliged to check and inform its consumers of the applicable customs duties and taxes. To know them, it is up to the consumer to get information from the competent authorities of his country. In case of refusal of the recipient to pay the customs duties or taxes, the sums possibly requested from SYBAREL to recover the parcel will be deducted from the refund made to the consumer.

Article 8 : Offers and promotional codes

The promotional codes, "sponsorship" offers or "loyalty" offers generated do not apply to shipping costs, unless the promotional code specifically relates to shipping costs. These offers can be used outside of promotions and exceptional offers (unless otherwise specified).

Promotional codes are applicable only once per order and cannot be combined with other promotional codes or offers (unless otherwise specified).

Offers and promotional codes are not redeemable for their monetary value. In the event of a return of an item (refund/credit), the promotional codes, "sponsorship" or "loyalty" offers cannot be reused for a new purchase. Refunds/credits following returns will only concern the sums actually paid, thus excluding the part paid by the promotional codes, "sponsorship" or "loyalty" offers.

Article 9: Retention of title

The transfer of ownership of the products delivered to the consumer occurs only after full payment of their price and accessories by him. During the period elapsing until full payment of the price and its accessories, the risks of loss, theft or destruction are the responsibility of the consumer.

Article 10: Nullity - Tolerance

In the event that one or more of the stipulations of the present general terms and conditions are held to be invalid or declared as such in application of a law, a regulation or following a decision that has become final by a competent court, the other stipulations will retain all their force or scope. The fact that the SYBAREL company or the consumer does not take advantage of a breach of one of the obligations resulting from the present general conditions or to tolerate a situation does not have the effect of granting acquired rights to the other party. Such tolerance shall in no way be interpreted as a waiver of the rights in question.

Article 11: Force majeure - Applicable law

Reciprocal obligations resulting from these general conditions may be suspended in the event of an act of God or force majeure. In particular, those usually retained by the jurisprudence of the Luxembourg Courts and Tribunals will be considered as such. The present general conditions are subject to Luxembourg law with regard to both substantive and formal rules. Any dispute shall be subject to an attempt at amicable settlement.

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