TERMS OF SALES
Applicable to individuals from January 1, 2020.
Article1 - PRESENTATION OF THE COMPANY
CHLOE LAMY , owner of the LASCLOE brand (registered with the INPI) and of the site www.lascloe.com is a sole proprietorship whose head office is located at 1011 route des Glières 74570 THORENS-GLIERES, FRANCE, registered with the Trade Register of the Paris Companies under number 801774373RM74 (VAT FR66801774373).
You can contact CHLOE LAMY:
- by email via the CONTACT page of the Site
- by post to the following address: Chloé Lamy, 1011 route des Glières, 74 570 THORENS-GLIERES, FRANCE
Article 2 - APPLICATION OF CONDITIONS
These general conditions of sale apply exclusively to all online purchases made by a consumer, for personal use, on the site www.lascloe.com. The purpose of these general conditions of sale is to define the rights and obligations of the parties. You acknowledge having read, when ordering a product, these general conditions of sale and the special conditions of sale stated on the screen (product description, price, product features, etc.) and expressly declare to accept them without reservations. You have the option of saving, printing and keeping these general conditions, available on the site www.lascloe.com from the home page and when registering your order. All other conditions are binding on CHLOE LAMY only after written confirmation from her. These general conditions of sale are binding on you without regard to any particular clauses that you would add - except with the express agreement of CHLOE LAMY. By registering your order, you acknowledge that you have full legal capacity or have the authorization of the person authorized to commit to these general conditions of sale. It is recalled that minors do not have the capacity to contract and are therefore not entitled to order. These general conditions may be modified at any time and without notice by CHLOE LAMY, the modifications then being applicable only to subsequent orders.
Article 3 - ORDERS
3.1. The CHLOE LAMY offer
Offers are valid while stocks last; they can be revoked at any time by deleting the product from the screen. You will be informed of the out of stock directly on the product sheet. Consequently, CHLOE LAMY reserves the right not to accept an order for reasons of out of stock; in the latter case, if a payment has been made, you will be refunded.
3.2. Step to conclude the contract
French is the only language offered for the conclusion of the contract. The validation of your order takes place in two stages (selection of a delivery address and a type of payment) and will only be definitively recorded after validation of each of these stages. The electronic contract is formed when you confirm the order (so-called double-click system). Your invoice is sent to you by email to the indicated email address and is automatically archived on our server.
3.3. Cancellation of the order
The order is automatically canceled if you do not enter your bank details, agree to payment on the secure payment site, or receive payment. In any other case, we invite you to contact us using the form on the CONTACT page, mentioning the billing name appearing on the order and the order number. As long as your order is not being prepared logistically, you can cancel it. When the order is prepared, the cancellation can only be done by refusal on your part of the package, WITHOUT OPENING IT, sent by CHLOE LAMY (see procedure described in article 10).
CHLOE LAMY reserves the right to cancel or refuse any order from a customer with whom there is a dispute over payment for a previous order.
Article 4 - PRICE
The prices appearing on the site are indicated in euros including all taxes (all taxes included), excluding delivery costs. The products will be invoiced on the basis of the rates in force on the site at the time of order entry, subject to availability on that date and except for a material error (for example unintentional typing error). The amount of delivery charges is calculated automatically based on each order; it appears on the summary of your order, before final registration. Any order delivered outside mainland France may be subject to any local taxes, customs duties, sea dues and customs clearance costs upon delivery; Their payment is your responsibility and is your responsibility. Check with the competent authorities in the country of delivery.
Article 5 - PAYMENT
Any payment paid to CHLOE LAMY cannot be considered as a deposit.
5.1 Payment methods
Payments must be made in such a way that the seller can dispose of the sums on the due date appearing on the invoice. Payment is made, unless otherwise specified on the site, when ordering by credit card (valid for at least 1 month). The entry of banking information is carried out on a secure STRIPE server to guarantee the security and confidentiality of the information provided during the banking transaction. The transaction is immediately debited to the Customer's bank card after verification of its data, upon receipt of the debit authorization from the company issuing the bank card used by the Customer.
In accordance with article L.132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing the information relating to his bank card, the Customer authorizes CHLOE LAMY to debit his bank card for the amount corresponding to the price of the Products to which are added the delivery costs, all taxes included.
To this end, the Customer confirms that he is the holder of the bank card to be debited, that the name appearing on the bank card is indeed his and that he has the necessary authorizations to proceed with the payment, if applicable. The Customer communicates the sixteen digits and the expiry date of his credit card as well as, if applicable, the numbers of the visual cryptogram.
In the event of fraudulent use of his bank card on the Site, the Customer is invited to contact CHLOE LAMY at the following number: 06.71.39.49.55 from Monday to Friday from 9 a.m. to 12:30 p.m. and from 1:30 p.m. to 7 p.m. or by email at the following address: email@example.com .
In the event that the debit of the sums due by the Customer would be impossible, the online sale would be immediately terminated automatically and the order would be canceled.
The consumer can also make a request to C HLOE LAMY to make a payment by bank transfer.
In this case, the order is prepared and the products will be shipped upon receipt of the bank transfer.
Article 6 - PRODUCT INFORMATION
6.1 Description and availability of products
The essential characteristics of the product are indicated in the "product sheet" generally containing a photo of the product and indicating its particularities, within the limits of the information provided by the suppliers. CHLOE LAMY makes every effort to present and describe the products with the greatest possible accuracy. The presentation of products, shots or graphics are the subject of great attention. However, it remains indicative and cannot engage our responsibility, nor even call into question the validity of the order. The detailed product sheet is the only contractual source. Manufacturers and suppliers may change the technical composition or product references without notice. CHLOE LAMY is at any time entitled to update, improve or withdraw from sale its products and / or peripheral products and accessories. It is up to you, if you do not consider yourself sufficiently competent, to seek assistance from counsel. You can contact CHLOE LAMY to obtain additional information on the products presented via the CONTACT page of our site.
You are informed of the availability of the product directly on the site.
6.2 intellectual property
The patterns are registered and protected models. The reproduction, representation and marketing rights of the models presented on the Site belong to CHLOE LAMY.
6.3 Import restriction
CHLOE LAMY attaches great importance to the protection of nature and natural resources, however, it is your responsibility to inform yourself with the local authority in your country of any restrictions on the import or use of the products and materials that you consider ordering. You acknowledge that the products may contain materials subject to the export control laws of the United States and the European Union as well as the laws of the country to which they are delivered. You must obey these laws. The products, whole or in part, cannot be sold, rented or transferred to users or countries subject to restrictions. You should refer to the regulations in force, which vary regularly depending on the product.
Article 7 - DELIVERY
Delivery is made to the address you indicated when placing the order. We accept no responsibility for errors in entering the delivery address.
7.1 Delivery times
Orders are shipped within 48 hours maximum after confirmation of the order by the customer and receipt of payment by CHLOE LAMY subject to the availability of products in our stocks.
Any delivery time is given for information only; the times indicated on the site are average times usually observed. They are understood to be working days, excluding Saturdays, Sundays and public holidays, and correspond to the order processing times, to which are added the shipping times for carriers. The seller is authorized to make partial deliveries. Unless otherwise stated on the site, CHLOE LAMY freely chooses the carrier and bears the risks associated with transport until delivery, that is to say until physical delivery of the goods to the recipient indicated when ordering or to its representative who accepts it, on condition that you check the goods on receipt in the presence of the carrier and, if necessary, indicate in writing on the transport voucher your detailed reservations (see article 7.3). In all cases, delivery on time can only take place if the buyer is up to date with his obligations to the seller, whatever the cause.
7.2 What to do in the event of late delivery?
We advise you to check the status of your order directly online before contacting us (the delivery of your order is tracked directly on the carrier's website using the link in your order confirmation email indicating the shipping number and carrier). We invite you to notify us of any delay of more than 8 days compared to the shipping date mentioned on the carrier's website, in order to allow us to start an investigation with the carrier (the investigation times may vary from one to three weeks). If, during the investigation period, the product is found, it will be immediately forwarded to your home. If, on the other hand, the product is not found at the end of the investigation period, the carrier considers the package as lost, and we will reimburse you if the product is unavailable.
In accordance with Article L. 114-1 of the Consumer Code, for products with a value greater than € 500, if the 30-day period is exceeded by more than 7 days, except in cases of force majeure, you can terminate the contract by registered letter with acknowledgment of receipt. The contract will be considered terminated by CHLOE LAMY upon receipt of the letter by which you inform us of your decision, if delivery has not taken place or if the service has not been performed between the sending and receipt of this letter. You can exercise this right within sixty working days from the date indicated for the delivery of the goods. All sums paid are considered as deposits.
7.3 What to do in the event of a defect or breach?
You must refuse delivery if the goods are damaged, missing or if the package has been opened or repackaged (except through customs). If you accept the goods, you must make precise and detailed written reservations on the delivery note in the presence of the carrier or its employees. You must then send the carrier a registered letter, within 3 days of delivery, in which you describe the damage observed. In order to help you in these steps, we invite you to contact us within the same time frame by email via our CONTACT page. In the absence of a complaint under this procedure, all the goods mentioned on the invoice and the delivery note are considered to have been delivered in full and in good condition (without apparent defect). Goods accepted without reservation by the recipient at the time of delivery are deemed to have arrived in good condition and in their entirety: no claim can be taken over by CHLOE LAMY. If this procedure is not followed, neither you nor CHLOE LAMY can act in liability against the carrier.
Article 8 - RIGHT OF WITHDRAWAL RESERVED FOR INDIVIDUALS (not valid for professional buyers, resellers and companies)
You have a withdrawal period of 30 clear days from the delivery of your order. You must return the goods in their original condition and packaging (which alone allows the goods to be transported in good conditions); The consumer must compensate the seller for a deterioration in the value of the equipment. Any return of merchandise requires a return number which can be obtained free of charge via the CONTACT page of our website (see article 10). The return of goods is carried out at the expense and risk of the buyer (you are therefore advised to declare the value of the goods and to take out insurance covering these risks). However, the right of withdrawal cannot be exercised in application of article L121-20-2, in particular for goods made to the consumer's specifications or clearly personalized, such as in particular parts assembled at the buyer's request. Accordingly, the amount of shipping costs and services ordered will be deducted for its actual value from the refund of the returned merchandise. Shipping and return costs will be borne by the consumer.
Article 9 - GUARANTEE
When a problem arises with a product, we invite you to contact our after-sales service by going to our website and using the CONTACT page.
9.1 CHLOE LAMY commercial warranty
This seller's warranty only takes effect in the absence of a manufacturer's warranty which will have priority. The products are guaranteed by CHLOE LAMY, parts and labor against any material or manufacturing defect for a period of 1 year from the date of delivery, unless specific conditions expressly indicated. Within the framework of this guarantee only and in the absence of a prepaid label, the shipping costs for the return of the product within 30 days after its reception are reimbursed on presentation of proof and after validation of the choice of carrier by the seller.
9.2 Limitation of warranty
CHLOE LAMY's warranty is limited to the repair, replacement or reimbursement in value of goods recognized as defective by CHLOE LAMYL, taking into account the use made of them and this at the free choice of CHLOE LAMY. The seller only undertakes to replace defective parts and repair parts ordered from CHLOE LAMY. The CHLOE LAMY after-sales service can only operate within the framework of the CHLOE LAMY guarantee or the legal guarantee. The guarantee is only valid on presentation of the original invoice.
9.3 Disclaimer of warranty
The guarantees exclude damage of external origin, damage resulting from improper use of the products.
CHLOE LAMY cannot be held liable for damage resulting directly or indirectly from the following cases:
- Any unprotected or prolonged storage.
- Any negligence, maintenance or faulty or clumsy use.
9.4 Legal warranty / br>
You also benefit from the legal guarantee against hidden defects on the products sold and defects in conformity of goods with the contract (Annex 1).
Article 10 - RETURN OF GOODS AND REIMBURSEMENT
10.1. Need for a return number
The return of goods is made by the carrier chosen by the consumer. Any return of merchandise requires the prior agreement of CHLOE LAMY and a return number, which can be obtained free of charge via the CONTACT page accessible from the home page of the site. You will receive by the means deemed most appropriate by CHLOE LAMY a return agreement. In the absence of a return agreement, the goods will be returned to you or held at your disposal, at your expense and risk, all transport, storage and handling costs being at your expense. The products are returned at your expense and at your own risk. We therefore advise you to declare the value of the goods and to take out transport insurance. After obtaining the return agreement, the buyer has 14 days to return the defective goods to CHLOE LAMY. The following information is generally requested: precise coordinates, designation of the element or elements concerned, reference, the defect found and the invoice or delivery slip number corresponding to the parts described. The goods must be returned with a copy of the invoice, and the return number appearing on the package, to the following address: CHLOE LAMY - 1011 route des Glières - 74570 THORENS-GLIERES, FRANCE.
10.2. Need for adequate packaging
Any defective product must be returned in its original packaging, which alone makes it possible to ensure the transport of the product in good conditions, with warranty labels, include all of the product and its accessories and be accompanied in a legible manner. of the return number. Any incomplete, damaged, damaged product and / or whose original packaging has been damaged, will not be taken back, exchanged or reimbursed. The sender must therefore ensure the packaging and conditioning of the material he sends. In particular, the consignee may re-ship the goods to a destination other than the initial destination with the same packaging, at the risk of the sender being held responsible for any damage occurring during this subsequent transport.
Article 11 - RESERVATION OF OWNERSHIP
The goods delivered to you and invoiced will remain the property of CHLOE LAMY until full payment of their price. Failure to pay may result in claiming the goods by CHLOE LAMY, the return being immediate and the goods delivered at your expense and risk. During the period from delivery to the transfer of ownership, the risks of loss, theft or destruction, as well as any damage that you may cause, remain your responsibility.
Article 12 - RESPONSIBILITY
By express agreement, in the event of force majeure or events such as lock-out, strike, total or partial stoppage of work in the seller's factory or at its suppliers, epidemic, war, requisition, fire, flood, interruption or delay in transport, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or import of the goods, the seller will be released from all responsibilities upon delivery. The seller will keep the buyer informed in a timely manner of the cases and events listed above.
The responsibility of CHLOE LAMY can not be engaged in the event of non-compliance with the legislation of the country where the Product is delivered. It is therefore up to the Customer to check with the local authorities the possibilities of importing or using the Products.
CHLOE LAMY cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a breakdown in service, an inability to access the Site, an external intrusion or the presence of computer viruses, or any fact qualified as force majeure, in accordance with French case law.
The Customer is solely responsible for damage caused to the Customer or to a third party resulting from improper use of the Products and the responsibility of CHLOE LAMY can in no case be sought in this respect.
Article 13 - PROCESSING OF PERSONAL DATA
You give your consent to the use of personal data collected during orders, under the CHLOE LAMY customer file. In accordance with the Data Protection Act of January 6, 1978, you have the right to access and rectify your personal data. If you wish to exercise this right, all you have to do is follow the procedures mentioned in our page dedicated to the protection of personal data. Through us, you may receive information and promotional offers. If you do not wish it, you just have to write to us via the CONTACT page of the site and / or to unsubscribe from our newsletter.
Article 14 - FINAL STIPULATIONS
The present contract is regulated by French law. The application of the Vienna Convention on the International Sale of Goods is expressly excluded. CHLOE LAMY will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code. CHLOE LAMY's computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties, unless proven otherwise. The electronic signature, constituted by the "double-click" procedure when placing the order and its registration, has handwritten value between the parties. French law is applicable without however excluding the application of mandatory legislative rights granted to consumers or of a more protective mandatory law by the foreign judge seized by a consumer of the corresponding country. If one of the clauses or provisions of these General Conditions of Sale were to be canceled or declared illegal by a final court decision, this nullity or illegality will in no way affect the other clauses and provisions, which will continue to apply. In the event of a dispute, we invite you to contact us, first, in order to seek an amicable solution. In the event of difficulties in the application of this contract, the buyer has the possibility, before any legal action, to seek an amicable solution, in particular with the help of our internal mediation service or a professional association of the branch. , a consumer association or any other council of its choice. The Client will find information on this subject and the list of mediators on the following site: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur
In addition, the Customer has the possibility of using the European platform for online dispute resolution (ODR) available by following the following link: https://ec.europa.eu/consumers/odr/main/?event=main .home2.show
In the absence of mediation, the jurisdictional competence is that of the French courts, the competent court being appointed according to the procedural rules in force in France at the time of the dispute.
The fact that CHLOE LAMY does not avail itself at a given time of any of the clauses of these general conditions cannot be considered as a waiver of subsequently invoking these same clauses.
Article L211-4 Consumer Code: The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L211-5 of the Consumer Code: To comply with the contract, the goods must:
1 ° Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L211-12 of the Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the goods.
Article 1641 Civil Code: The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. acquired, or would have given only a lower price, if he had known them.
Article 1648 paragraph 1 Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.