Products

GENERAL CONDITIONS OF SALE AND USE

Version 1.0 of 29/09/2014

 

1. Introduction
2. Modalities for making orders and purchases
3. Product prices, taxes and delivery charges
4. Payment details
5. Delivery and supply
6. Customer service and right of withdrawal
7. Warranty for products purchased via this website
8. Provisions specific to the nature of certain products
9. User area
10. Publisher's exemption from liability
11. Data protection information
12. Information about the use of cookies
13. Intellectual property for the content of this website
14. General provisions and applicable law

 

1. Introduction

a) Legal information

To comply with legislation on trust in the digital economy of 21 June 2004, there follow the legal provisions required to enable the publisher of this website to be identified.

This website is published by LAGARDERE, simplified single shareholder company (SASU) with a capital of €50,000, recorded in the register of companies of Nice under number 97380072500069, with its headquarters located at 31ter Rue Barla, 06359 Nice Cedex. The publisher may be contacted on 0800 70 11 12 (toll free number available from France only) or by message via this form.

Intracommunity VAT number: FR31973800725

The website publication director is Frederic Misseri. The editor is Yannic Batifoulier.

This website is hosted by ALWAYSDATA, the headquarters of which are located at 62 rue Tiquetonne 75002 Paris, which may be contacted on the following telephone number: +33 (0) 1 83 64 13 87 or by message via this form.

The general conditions of sale were created using the module called CGV-expert.fr.

b) Purpose

This website may be accessed by all Internet users free of charge. It is a website for selling products online.

c) Acceptance of the general conditions of sale

Entering into a contract governed by these general conditions of sale with the publisher of this website implies acceptance by the user of the said general conditions of sale. At the same time, the user acknowledges that he or she has read and understood the said conditions. When the user accepts these conditions, the said general conditions are deemed to have been validated.

The user acknowledges that the automatic registration systems employed by the website publisher constitute documentary proof, and unless proof to the contrary is provided, the users shall refrain contesting them in the event of a dispute.

Upon accepting these general conditions, it is assumed that the user is legally competent to do so, or, that he or she has the consent of an authorised guardian or trustee, or that of the legal representative in the case of a minor, or that the user has been mandated to act on behalf of a legal entity.

2. Modalities for making orders and purchases

Products sold are subject to availability. The availability of products is indicated on the website in the description for each item.

To comply with the provisions of the French law on trust in the digital economy of 21 June 2004, the order procedure will be described below:

To make an order, the user may select one or several products and then add them to the basket. Once the user has selected all the items to be ordered, he or she may go to the basket by clicking on the appropriate button. When the user consults the basket, it is possible to see which and how many products have been selected, as well as the price and the total value of the order. The user may remove one or several items from the basket. The summary at this point will state whether the user has the right of withdrawal and the period and procedure for doing so.

If the user is satisfied with the order and wishes to confirm it, he or she may click on the confirm button. The user will then be taken to the form to either enter his or her user name if already registered, or to register with the website by entering his or her personal details in the form.

Once connected, or after completely filling in the form, the user will be asked to check the delivery and invoicing details, and correct them if necessary. The user must then read and confirm these conditions, confirm the order, and then make payment via the secure payment interface that will appear.

Once payment has been received by the website publisher, the latter will acknowledge receipt thereof by contacting the user by e-mail within 24 hours.

The published will also send the user, within the same period, an e-mail with a summary of the order, confirming that the order is being processed, and will provide all the necessary details about the order.

3. Product prices, taxes and delivery charges

The prices given on the website are given in euros, and include tax, but do not include shipment costs. The prices are fixed, without any discount, reduction or rebate. These prices may be changed at any time by the publisher. The prices are valid on the day of the order only and have no effect on the future. The price applicable to the client is the one valid on the day of the order.

The client will be informed of any shipment costs before payment.

For deliveries outside the European Union and to French overseas departments and territories, the user should be aware that excise duties and other taxes may be payable. The publisher of the website is not responsible for paying the said excise duties and taxes, which shall in all cases be borne by the user. It is incumbent upon the latter to check this information and ensure via the competent authorities that the product may be imported into the country of delivery before making any orders via the website.

ANY PRODUCTS SOLD REMAIN THE PROPERTY OF THE PUBLISHER UNTIL FULL PAYMENT HAS BEEN MADE AS PER THIS RETENTION OF TITLE CLAUSE. THE RISKS ARE PASSED ON TO THE CLIENT UPON DELIVERY OF THE SAID PRODUCTS.

4. Payment details

The website user may make orders via this website and may pay using PayPal and bank card via PayPal.

Payments by bank card are made securely using: PayPal.

For bank card payments, the publisher of this website has no access to any data regarding the client's means of payment.

The delivery deadline stated in the article below does not start until the publisher has received the payment, whereby the latter will show proof thereof by whatever available means. If no payment is received from the client within eight days of the order, the latter will be cancelled and the products will be made available once more on the website.

If any sums are owing to the publisher after the due date, late payment penalties equal to (3) three times the legal rate of interest will be charged, to which will be added a fixed fine of 40 euros for debt recovery charges. These penalties will be due as of the day after that on which the unpaid sum becomes payable without any reminder being sent.

5. Delivery and supply

a) Deadline

Orders are delivered by Colissimo or any other transport company designated by the publisher within a period of 4 working days (France and Europe), or up to 8 days (for the rest of the world), from the moment full payment has been received for the order.

Some products or order volumes may, however, require longer. The user will be expressly informed of this when the order is confirmed.

b) Damage and partial loss

In the event that a package is clearly and visibly damaged, the client must refuse to accept the product in order to be covered by the guarantee provided by the transport company. The user must also inform the publisher immediately of this so that a new package can be prepared and sent as soon as the damaged package is received. In such a case, the delivery deadlines stated above in these general conditions will no longer be applicable.

The user must also refuse any incomplete package or a package that contains damaged items. In accordance with article L 133-3 of the French commercial code, no action may be taken against a transport company for damage or partial loss if the recipient does not notify the said transport company within three days of receipt, not including holidays, by registered post stating the reasons for the complaint. If this procedure is not followed, the user will not receive any compensation.

6. Customer service and right of withdrawal

a) Customer service

The customer service department for this website may be contacted from Monday to Friday from 9 am to 5 pm on the following toll-free number (in France only): 0800 70 11 12, or by message via this form or by letter to: Lagardère, 31ter rue Barla, 06359, Nice Cedex. In the latter two cases, the publisher will endeavour to reply within two working days.

b) Right of withdrawal and returning products

Right of withdrawal

You have the right to withdraw from this contract without stating reasons within fourteen days.
The withdrawal period expires fourteen days after the day on which you or a third party other than the transport company, as designated by you, takes physical possession of the item or last item.

To exercise this right of withdrawal, you must contact: Lagardère, 31ter rue Barla, 06359, Nice Cedex, 0800 70 11 12, stating that you wish to withdraw from the contract, using an unambiguous means of communication (for example a letter sent by post, a fax or an e-mail). You may use the standard withdrawal form, but there is no obligation to do so.

For the withdrawal deadline to be respected, you must send notification of your wish to exercise the said right before the withdrawal period has expired.

The effects of withdrawal

If you decide to withdraw from this contract, we will refund any payment made by you including shipping costs (except for additional costs incurred from your choosing a method of delivery other than the standard and cheapest method offered by us) as soon as possible, and in any case no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will refund any sums due using the same method of payment as the one you used for the initial transaction, unless you expressly agree to a different method; in any case, the refund will incur no costs for you. We may postpone the refund until we have received the item or until you have supplied proof that the item has been sent. The date will be that of the first to take place.

You must send back the item to us as soon as possible, and in any case no later than fourteen days of informing us of your decision to withdraw from this contract. This deadline is deemed to have been respected if you send back the item before the fourteen day period has expired.

You must pay for any immediate costs of sending back the item.

You will only be held liable for any depreciation of the item that results from handling other than that required to determine the nature and characteristics of the product and to check that it is working correctly.

7. Warranty for products purchased via this website

If any of the products bought via this website are found to be defective, the user has, in accordance with the provisions of the French civil code with regard to legal guarantees against hidden damage, a period of two years as of the time the said damage was noticed, to request an exchange or refund of the product, and, in application of article L211-5 of the French consumer code, the consumer has a period of two years as of the date of receipt of the said product to request repair or a refund, in the event that the item does not comply with the conditions as stated in the above article. To exercise one of these rights, it is the responsibility of the client to contact the publisher's customer service department.

Some items sent via this website are covered, in addition to the guarantee against hidden defects as defined the French civil code and to a guarantee of conformity, as stipulated by article L211-5 of the French consumer code applicable to them as defined above, by a contractual guarantee proposed by the seller or the manufacturer, the length of which may vary from one product to another. Details of this guarantee will be stated in the description given in the user instructions for the product.

8. Provisions specific to the nature of certain products

All the products on this website are sold in accordance with current valid legislation and regulations in France. Any information that must be provided by law or current regulations will be stated on this website, in particular in the description file for each item.

9. User area

a) Setting up an account

The user must set up a user account before making any orders. The user will be asked to provide some personal information. The user must provide accurate information. Failure to do so will result in the publisher terminating the contract and deleting the user account.

Some information is considered essential for a contract to be concluded, and must be given for the account to be created and the contract to be validated. If the user refuses to provide the said information, it will not be possible to set up an account, and consequently the order will not be confirmed.

b) Purpose of the user area

This area enables the user to consult any orders made via the website, and if applicable to track the delivery of any products purchased.

If the data in the user account is wiped following unforeseen circumstances, technical problems or a case of force majeure, the publisher of the website may not be held liable, since the said information has no probative value and is for information purposes only. The publisher will, however, store any contractual data securely, as required by current legislation and regulations.

The publisher reserves the exclusive right to delete the account of any users who contravene these general conditions (in particular, but not limited to purposefully providing incorrect information when registering and setting up an account), or an account that remains inactive for at least a year. Deletion of the account may not be deemed as detrimental to the user whose account has been removed, and the user has no claim to any compensation resulting from the said deletion.

Deleting the account does not prevent the website publisher from undertaking legal action against the user if so justified.

c) Password

When setting up a user account, the user will be asked to choose a password. This password ensures that the information in the account will remain confidential and must not be passed on to any other parties. If this is not respected, the website may not be held liable if any unauthorised persons gain access to the user's account.

10. Publisher's exemption from liability

a) Accessibility to the website and force majeure

If it is not possible to access the website for technical reasons of any kind, the user has no right to claim damages or any form of compensation.

If a product or products is/are not unavailable, even for an extended/unspecified period of time, the user may not claim to have suffered prejudice and has no right to damages from the website or its publisher.

The publisher may under no circumstances be held responsible for non-execution of the contract owing to force majeure within the meaning attributed to this term by legal authorities under French law.

b) Visual representation of the products

Visual representations of the products published on the website are guaranteed by the publisher to be accurate in order to meet its obligation to provide perfect information. However, given the current state of technology, the rendering of these representations, in particular colour and shape, may vary considerably from one computer or device to another, or differ from the actual product depending on the quality of the graphics hardware or the resolution of the display. The variations and differences may under no circumstances be attributed to the publisher, who may not be held in any way responsible for this.

c) Products sold via the website

The publisher shall comply with current legislation in France but may not be held liable for not adhering to regulatory and legal provisions in other countries.

The publisher of this website may under no circumstances be held liable for incorrect use of the products, accidental damage or improper use of the products.

The products offered for sale on the website are sold without installation, and the user agrees to have the products installed in accordance with the state of the art and the user manual.

d) Hyperlinks

Hyperlinks on the website may send the user to other websites. The publisher of this website may not be held responsible if the content of these websites does not respect current legislation. Equally, the publisher may not be held responsible if the user suffers any loss or damage when visiting one of these websites.

11. Data protection information

a) General information – Purpose – Duration

The user is free to provide personal information about himself or herself. It is not essential to provide information to visit the website. If, however, the user registers on the website, the publisher will gather certain items of personal information about the user. If the user does not wish to provide the information required to set up a user account, it will not be possible to make any orders via this website.

The data gathered is necessary to administer the service offered via this website and in order for the publisher to respect its contractual obligations. This data will be stored by the publisher for this purpose only, and the latter shall not use the said data in any other way. It will not pass the information on to third parties without the express consent of the user, or unless such an action is provided for under the law.

The contract details of all users registered with the website are stored for a maximum period of 12 months after deletion of the personal area. This is considered a reasonable period of time for correctly managing the website and for normal data usage. This data is stored securely using current technological means, while respecting the provisions of the French data protection law of 6 January 1978.

b) Right to access and correct the data and to oppose the use thereof

In accordance with the French data protection law, the user has the right to oppose the use of, have access to and to correct the data he or she has provided. To do this, the user simply has to ask the publisher of this website expressing his or her wishes by message via this form , or by post to the address of the head office of the publisher as stated in this header of these general conditions.

The personal data gathered will be electronically processed and used for the purposes of the website publisher only.

The person in charge of processing data is Yannic Batifoulier.

CNIL [National Commission on Informatics and Liberty - an independent French administrative regulatory body whose mission is to ensure that data privacy law is applied to the collection, storage, and use of personal data] registration number: 1808609 v 0

c) IP address

The publisher is also permitted to take the public IP (Internet Protocol) address of all users. The IP address will be stored anonymously and will be kept for the same length of time as the personal information. Its sole purpose is to allow the publisher to correctly manage the services it offers via this website. The IP address comprises a series of numbers separated by decimal points to identify each computer individually on the Internet network.

The publisher must pass on all personal data regarding a user to the police (if required to do so by law) or any person (if ordered to do so by a judge). The IP address of any computer can be linked to the identity of the subscriber held by the ISP (Internet service provider).

12. Information about the use of cookies

a) General information – Purpose – Duration

To ensure that the user can browse the website efficiently and so that the interfaces and applications will work properly, the publisher may place a cookie on the user's computer or device. This cookie stores information about the browsing activity on the website (date, page, time), and any data entered by the user while visiting the website (searches, login, e-mail, password). These cookies are stored on the computer or device of the user for a period of up to 12 months and may be read and used by the publisher when the user visits the website in the future.

b) Right to oppose the placement of a cookie

The user may block, change the period that the cookie is stored, or the delete the cookie via the browser interface (usually tools or options/privacy). If this is done, an optimum browsing experience cannot be guaranteed. If the user permanently deactivates the storage of cookies on his or her browser, thereby preventing certain services or functions offered by the publisher from being used, this lack of functionality may not be considered as detrimental to the user and the latter may not under any circumstances claim compensation linked with this.

c) Deleting cookies

The user may also delete cookies on his or her computer by going to the appropriate menu in the browser (usually tools or options/privacy). This will not have any effect on browsing the website, but the user will lose any benefits provided by the cookie. In this case, the user will have to re-enter all the user information.

13. Intellectual property for the content of this website

All parts making up this website belong to the publisher, or the latter is authorised to exploit the website, and are protected by French law on intellectual property.

The user, therefore, acknowledges that, if no consent thereto has been given, any copying, whether in whole or in part, distribution or use of one or several elements, even if modified, may give rise to legal action against the said party by the publisher or its rights holders.

This protection will cover all text and graphics on the website, as well as its structure, its name and its graphic charter.

The user also acknowledges that he or she has been informed that the master copy of these general conditions has been sent to a bailiff and any copying, even in part, of this document will lead to legal action being taken for copyright infringement.

14. General provisions and applicable law

a) Modification of the general conditions

These general conditions may be modified at any time by the website publisher or its representative. The general conditions that apply to the user are those valid at the time of order. The publisher will, of course, keep all previous general conditions and send them to any user that so requests.

b) Applicable law and competent court

These general conditions are subject to French law and French courts only. The original language of the contract is French, and any other versions in a foreign language on the website are for information purposes only. This website may also be translated into different languages to help non French-speaking users who wish to make orders to browse the website.

IN THE EVENT OF A DISPUTE WITH A CLIENT THAT IS CONSIDERED A TRADER UNDER FRENCH LAW, THE COURT IN WHICH THE PUBLISHER HAS ITS HEADQUARTERS WILL BE THE SOLE COMPETENT AUTHORITY.

c) Amicable solution to disputes

Apart from public order provisions, all disputes that arise in relation to the fulfilment of these general conditions may, before any legal action is taken, be assessed by the publisher of the website with a view to reaching an amicable solution. It is expressly stated that requests for an amicable solution do not postpone any deadlines for taking legal action.

d) Severability

If one of the clauses of these general conditions is declared void by the courts, the remainder of the clauses are not affected, and will continue to be applicable.

e) Non-waiver

If either of the parties temporarily or permanently waives one or several clauses of these general conditions, the remainder of the general conditions continue to apply.

 

If a purchaser wishes to cancel an order, he or she may use the following form.

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WITHDRAWAL FORM

(Please only fill in and send this form if you wish to withdraw from the contract.)

Send to: Lagardère, 31ter Rue Barla, 06359, Nice Cedex:
..............................................................................................................

I/we (*) hereby wish to inform you (*) that I/we (*) would like to withdraw from this contract for the sale of the item (*)/for the service (*) indicated below:

Ordered on (*)/received on (*): .......................................................................................

Name of the purchaser(s): ..................................................................................

Address of the purchaser(s): ..............................................................................

Signature of the purchaser(s) (only if this form is in paper format): ....

Date: ........................................................................................................................

(*) Delete that which does not apply.

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