These general conditions of sale (“GTC”) are applicable exclusively to the online sale of products of the company SAS LAGADOUE (hereinafter “LAGADOUE”) on the site www.lagadoue.fr (hereinafter the “Site” ).
2. FIELDS OF APPLICATION
The GTC exclusively govern the online sales contracts of LAGADOUE products (hereinafter the “Seller”) concluded with buyers having the quality of consumers and constitute with the online order the contractual documents enforceable against the parties, to the exclusion all other documents, prospectuses, catalogs or photographs of the products which are only indicative. The GTC are drafted as well as all the contractual information mentioned on the site in French.
3. 3. AVAILABILITY AND ENFORCEABILITY
The GTC are made available to consumers on the Seller’s site where they can be viewed directly.
The GTC are enforceable against the consumer who acknowledges, by checking a box provided for this purpose, to have read and accepted them before placing an order.
The validation of the order by its confirmation constitutes acceptance by the purchaser of the GTC in force on the day of the order.
4. CHANGES TO THE GTC
The Seller reserves the right to modify its GTC at any time.
In the event of modification of the GTC, the applicable GTC are those in force on the date of the order, a copy of which dated to date can be given to the consumer at his request.
5. CLAUSES OF THE GTC
The nullity of a contractual clause does not entail the nullity of the GTC.
The temporary or permanent non-application of one or more clauses of the GTC by the Seller shall not constitute a waiver on his part of the other clauses of the GTC which continue to produce their effects.
The products offered for sale presented on the Site are each the subject of a description.
The photographs illustrating the products do not constitute a contractual document.
The products comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers when they are placed on the market.
The products comply with the requirements of French law in force at the time of their placing on the market.
The products are offered for sale and delivered within the limits of available stocks.
In case of unavailability of the ordered product, the Seller immediately informs the buyer and can offer him a product of equivalent quality and price or, failing that, a purchase voucher for the amount of the order usable for very next order.
If the buyer disagrees, the Seller reimburses the amounts paid within 7 days.
7. 1. Sale price
The selling prices are indicated, for each of the products appearing on the Site, in euros all taxes included, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.
The total amount owed by the consumer is indicated on the order confirmation page.
The selling price of the product is that in force on the day of the order.
The selling price of the products does not include the shipping costs invoiced in addition to the price.
Any tax, duty, tax (etc.) to be paid in application of French or foreign regulations (importing or transit country etc.) remains the responsibility of the buyer.
In the event of a price promotion, the Seller undertakes to apply the promotional price to any order placed during the period of advertising made for the promotion.
7. 2. Modification
The Seller reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in force on the day of the order.
7. 3. Fees
The additional costs of transport, delivery or postage, of which the customer was able to take note before the order, are fixed on the order form.
The online sales offers presented on the Site are reserved for consumers residing in France and / or in a member country of the European Union and for deliveries in these same geographical areas.
The online sales offers presented on the site are valid, in the absence of specific duration indication, as long as the products are listed on the Site and within the limits of available stocks.
The acceptance of the offer by the consumer is validated, in accordance with the double click process, by the confirmation of the order.
To place an order, the consumer, after having filled his virtual basket indicating the selected products and the desired quantities, then clicks on the “Order” button and provides information relating to the delivery and the method of payment.
Before clicking on the “Confirm order” button, the consumer has the opportunity to check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his order.
Confirmation of the order implies acceptance of the GTC and forms the contract.
An email acknowledging receipt of the order and its payment is sent by the Seller as soon as possible.
Any modification of an order by the consumer after confirmation of his order is subject to the prior acceptance of the Seller.
The Seller reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers having the status of consumers.
The sales contract is formed when the consumer sends the confirmation of his order.
The price is payable in full after confirmation of the order.
Payment is made immediately upon ordering by credit card.
The site is equipped with an online payment security system allowing consumers to encrypt the transmission of their bank details.
Delivery means the transfer to the consumer of physical possession or control of the good.
For delivery times, please consult the “Delivery” tab at the bottom of the site’s home page.
The products are delivered to the address indicated by the customer on the order form.
Delivery in mainland France is made by La Poste (service invoiced by LAGADOUE).
If the product does not comply with the order, the consumer must submit a complaint to the Seller with a view to obtaining the replacement of the product or possibly the resolution of the sale.
In the event that the products are unavailable for delivery, the Seller may offer a product that is equivalent in terms of quality and price.
The total lack of delivery entails the automatic termination of the sales contract.
12. LEGAL GUARANTEE OF CONFORMITY AND GUARANTEE OF HIDDEN DEFECTS
All products supplied by the Seller are subject to the legal guarantee provided for by articles L221-1 and following of the Consumer Code and to the guarantee against hidden defects provided for by articles 1641 and following of the Civil Code.
The consumer has two (2) years to exercise any of these guarantees.
For the lack of conformity, the period starts from the issue.
For hidden defects, the period starts from the discovery of the defect.
If the apparent defect, the lack of conformity or even the hidden defect of the article, declared by the customer, if applicable, is proven, after expertise made, LAGADOUE undertakes to reimburse the customer at its expense and at the latest within a period of fourteen (14) days.
LAGADOUE cannot be held responsible for any misuse of the items that the customer may make of them.
Claims made under guarantees should be sent by email to email@example.com or by post to 4 rue Aimé Lavy, 75018 Paris.
The Seller cannot be held liable in the event of non-performance or improper performance of the contract due either to the act of the buyer, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure.
In addition, the Seller cannot be held liable for non-compliance of the product with the legislation of the country of the consumer to whom it is the responsibility of verifying whether the product is not prohibited for sale in his country.
15. ORDER RESOLUTION
The cancellation of the order in the cases provided for in these GTC will be pronounced by simple registered letter with acknowledgment of receipt or by electronic letter and will be automatically acquired.
16. RIGHT OF WITHDRAWAL
The consumer has a legal period of 14 clear days to exercise his right of withdrawal from the date of receipt of the goods without having to justify reasons or pay penalties.
The Customer will be reimbursed for the sums paid, including delivery costs, upon receipt and verification of the return of his items and no later than 14 days following the date on which he exercised his right of withdrawal.
LAGADOUE may defer reimbursement until receipt of the items in our warehouse or receipt of proof of shipment of the items, the date selected being the date of the first of these facts.
LAGADOUE will reimburse the Customer using the same means of reimbursement as that used for the initial transaction.
To exercise the right of withdrawal, the consumer must notify LAGADOUE of his decision to withdraw by means of an unambiguous declaration by mail to the following address 4 rue Aimé Lavy, 75018 Paris or by e-mail addressed to firstname.lastname@example.org
The model withdrawal form below can be used:
Model of withdrawal:
For the attention of SAS LAGADOUE 4 rue Aimé Lavy, 75018 Paris
I / We (1) hereby notify / notify you of my / our (1) withdrawal from the contract for the sale of the goods (1) / for the provision of the service (1) below:
Ordered on (1) / received on (1):
Name of consumer(s):
Address of consumer(s):
e-mail of the consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
In the event of withdrawal by the customer, the latter must return the products to the head office of SAS LAGADOUE (4 rue Aimé Lavy, 75018 Paris) without undue delay and, in any event, no later than fourteen days after the customer will have communicated to the recipient indicated on the withdrawal form its decision to withdraw from the possible contract.
This period is deemed to have been met if the customer returns the goods in the order before the expiration of the fourteen day period.
In the event of withdrawal by the customer, the latter must bear the direct costs of returning the goods.
17. INTELLECTUAL PROPERTY
The elements reproduced on this site (photographs, visuals, texts, drawings, images, etc.) are the exclusive property of LAGADOUE and are protected by Intellectual Property law (copyright, trademark law, etc.).
Any reproduction and any distribution of these elements, without prior written authorization, exposes the offenders to legal proceedings.
18. PROCESSING OF PERSONAL DATA
The computerized processing of personal data collected by the Site is intended to manage orders.
The consumer is informed that this automated processing of information has been declared to the CNIL.
In accordance with the Data Protection Act, you have the right to access, rectify and oppose the processing of personal information concerning you by writing to the address below (with copy of proof of identity ).
Or by mail to the following address: 4 rue Aimé Lavy, 75018 Paris
LAGADOUE undertakes to set up responsible management and processing of personal data, to ensure the utmost confidentiality of all personal information collected in the context of exchanges with its consumers.
The data transmitted through the Site are protected in accordance with the provisions of the “Informatique et Libertés” law n ° 78-17 of January 6, 1978 as amended. )
The controller within the meaning of Article 3 of this law is LAGADOUE.
The Site may offer features for creating an account or sharing content with certain third-party sites, such as Facebook, Instagram or Twitter. We draw your attention to the fact that these third-party sites are governed by their own privacy policies. You must therefore necessarily be aware of the privacy policies of these third-party sites and the use of personal data concerning you through these sites.
A cookie is a text file containing pieces of data that is stored when you visit a website. It is designed to help websites remember your preferences. There are different types of cookies. Without them, websites wouldn’t be able to function the way you are used to.
The consumer nevertheless retains the right to oppose the registration of cookies by following the instructions provided by his browser.
Use of the Site and registration on the Site by a minor must be authorized by their legal representative.
19. COMPETENT COURT
In the absence of an amicable agreement, you can refer to the competent French courts for any dispute relating to the existence, interpretation, conclusion, execution or termination of the contract.
20. APPLICABLE LAW
This contract and the GTC governing it are subject to French law.