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Terms and conditions of use

TERMS AND CONDITIONS

The present Terms and Conditions apply to any purchase made by an Internet user / person (hereinafter the "CUSTOMER") on the Internet site www.laurige.com (hereinafter the "SITE") with Laurige, SARL registered in the register of commerce and companies Niort under the number 419916341, having its registered office at 87 Boulevard Ampère 79180 Chauray - France, Tel: 05 49 24 19 93, Fax: 05 49 24 48 46, Email: info@laurige.com (hereinafter the "SELLER").

IMPORTANT
Any order placed on the SITE implies the unreserved acceptance by the CUSTOMER of the present Terms and Conditions of sale.

Article 1.     Preamble

The following terms have the following meanings in these Terms and Conditions:

  • "SELLER": means Laurige, SARL.
  • " CUSTOMER": means the SELLER's contractual partner, who guarantees to be a consumer as defined by French law and jurisprudence.
  • "DELIVERY": means the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated at the time of the order.
  • "PRODUCTS": means all the products available on the SITE.

Laurige reserves the right to modify the Terms and Conditions at any time. They will then be applicable as soon as they are put online.

Article 2.     Product

These Terms and Conditions govern the sale by the SELLER to its CUSTOMERS of the PRODUCTS. They are offered within the limit of available stocks. All photos on the SITE are not contractually binding.

The CUSTOMER is clearly informed and acknowledges that the SITE is aimed at consumers and that the professionals must contact the sales department of the SELLER in order to benefit from different contractual conditions.

 

Article 3.     Acceptance of Terms and Conditions

The CUSTOMER agrees to read these Terms and Conditions carefully and accept them, before proceeding to the payment of an order of PRODUCTS placed on the SITE.

The SELLER advises the CUSTOMER to read the Terms and Conditions for each new order, the latest version of the Conditions applying to any new order of PRODUCTS.

By clicking on the first button to place the order until the last one to confirm the said order, the CUSTOMER acknowledges having read, understood and accepted the Terms and Conditions without limit or condition.

 

Article 4.     Order

4.1. Preliminary identification

To place an order, you must identify yourself with your email address and your password. For any first order, you will need to create an account.

In order to purchase a PRODUCT, the CUSTOMER must be at least 18 years of age and have legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.

4.2. Ordering procedure

The PRODUCT orders are placed directly on the SITE. To make an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER start page, the steps may differ slightly).

4.2.1.     PRODUCT selection and purchase options

The CUSTOMER will have to select the PRODUCT(s) of his choice by clicking on the PRODUCT(s) concerned and choosing the characteristics and quantities desired. Once the PRODUCT is selected, the PRODUCT is placed in the CUSTOMER cart. The latter can then add to his cart as many PRODUCTS as he wishes.

4.2.2.     Orders

Once the PRODUCTS have been selected and placed in its cart, the CUSTOMER must click on the cart and check that the content of his order is correct. If the CUSTOMER has not yet done so, he will then be asked to identify himself or to register.

Once your cart has been validated, you will have to choose the address and the mode of delivery, and validate your payment method, this last step formalizing the contract of sale with the SELLER.

4.2.3.     Acknowledgment of receipt

Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER's order. A copy of the order acknowledgment is automatically sent to the CUSTOMER by e-mail.

4.2.4.     Billing

During the ordering process, the CUSTOMER must enter the information required for invoicing.

Neither the order form that the CUSTOMER establishes online nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by e-mail constitutes an invoice.

4.3. Date of the order

The date of the order is the date on which the SELLER acknowledges receipt of the order online.

4.4. Price

For all the PRODUCTS, the CUSTOMER will find prices on the SITE in euros. Prices include, in particular, value added tax (VAT).

The prices quoted are valid, unless there is a gross error. The applicable price is that indicated on the SITE on the date the order is placed by the CUSTOMER.

4.5. Availability of PRODUCTS

The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the RESTORATION of a PRODUCT by the SELLER.

In case of unavailability of a PRODUCT ordered, you will be informed by email.

If the CUSTOMER decides to cancel his order of unavailable PRODUCTS, he will get refund of all the sums paid for the PRODUCTS concerned. The rest of the order remains firm and definitive.

 

Article 5.     Payment

5.1. Means of payment

The CUSTOMER can pay for his PRODUCTS online on the SITE according to the means offered by the SELLER.

The CUSTOMER warrants to the SELLER that he holds all the authorizations required to use the chosen means of payment.

The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the on-line payment on the SITE. It is for this reason that all the information relating to the payment provided on the SITE are transmitted to the bank of the SITE and are not processed on the SITE.

5.2. Payment date

In case of payment by credit card, the account of the CUSTOMER will be debited as soon as the order of PRODUCTS passed on the SITE.

5.3. Delay or denial of payment

If the bank refuses to charge a card or other means of payment, the CUSTOMER must contact the Customer Service of the SELLER in order to pay the order by any other valid means of payment.

In the event that for any reason, opposition, refusal or otherwise, the transmission of the money flow due by the CUSTOMER would prove impossible, the order will be canceled and the sale automatically terminated.

 

Article 6.     Delivery

It is not possible to place an order for any delivery address located outside the delivery area. To know the delivery area, contact the SELLER.

The PRODUCTS are sent to the delivery address that the CUSTOMER will have indicated during the ordering process.

6.1 Delivery time

The deadlines for preparing an order and establishing the invoice before shipment of the PRODUCTS in stock are from one (1) to three (3) working days. For customized products, the deadline is extended to a maximum of seven (7) working days.

An e-mail message will be automatically sent to the CUSTOMER at the time of shipment of the PRODUCTS.

6.2 Shipping & Returns

During the order process, the SELLER informs the CUSTOMER of the possible delays and shipping formulas for the PRODUCTS purchased.

Shipping costs are calculated according to the delivery method. The amount of these costs will be due by the CUSTOMER in addition to the price of the PRODUCTS purchased.

All the deadlines communicated on the SITE are indicative. Delays are not guaranteed during certain periods of heavy activity or due to a malfunction of the third party delivery service.

The SELLER is responsible until the PRODUCT is delivered to the CUSTOMER. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of the partial damage or losses observed at the time of delivery.

The PRODUCTS will be packed in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS agree to respect the same standards when returning PRODUCTS.

 

Article 7.     Return of PRODUCTS

7.1. Principle of retraction

CUSTOMER shall, as a matter of principle, have the right to return the PRODUCT to SELLER or to a person designated by the SELLER without undue delay and no later than fourteen (14) days after notification of its decision to withdraw.

7.2. Withdrawal period

The withdrawal period expires fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, physically takes possession of the PRODUCT.

In the event that the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order of a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) calendar days After the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, physically takes possession of the last PRODUCT delivered.

7.3. Notification of right of withdrawal

To exercise its right of withdrawal, the CUSTOMER must notify his decision to withdraw from this contract by means of a declaration without ambiguity to: 87 Boulevard Ampère 79180 Chauray - France or info@laurige.com.

For a more efficient processing of the request, the CUSTOMER must indicate the maximum amount of information to the SELLER on the PRODUCT reference, invoice number, purchase order number, date of order, date of delivery, Means of payment used, the name of the CUSTOMER or, if applicable, the beneficiary of the order, the address of the CUSTOMER and the delivery address; All must be dated and signed by the CUSTOMER (except in case of transmission by e-mail).

In order for the withdrawal period to be respected, the CUSTOMER must transmit its communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.

7.4. Effects of retraction

In case of withdrawal from the CUSTOMER, the SELLER undertakes to reimburse all the sums paid, including delivery costs without undue delay and, in any event, no later than fourteen (14) days Of the day on which the SELLER is in possession of the PRODUCTS returned. The returned PRODUCTS must be intact and complete and must not have been prolonged.

The SELLER will proceed to the refund using the same means of payment as the CUSTOMER will have used for the initial transaction, unless the CUSTOMER expressly agrees to a different means.

7.5. Return Policy

The CUSTOMER shall, without delay and in any event not later than fourteen (14) days after communication of his decision to withdraw from this contract, return the property to: 87 Boulevard Ampère 79180 Chauray - France.

This period shall be deemed to have been complied with if the CUSTOMER returns the property before the expiration of the fourteen (14) days period.

7.6. Return fees

The CUSTOMER shall bear the direct costs of returning the goods. They will be reimbursed afterwards.

7.7. Condition of the property returned

The PRODUCT must be returned according to the instructions of the SELLER and include in particular all accessories delivered.

The CUSTOMER is liable only for the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this PRODUCT. In other words, the CUSTOMER has the possibility to test the PRODUCT, but its responsibility can be engaged if it carries out manipulations other than those that are necessary.

7.8. Exclusions from the right of withdrawal

The right of withdrawal is excluded in the following cases:

  • Supply of goods made according to CUSTOMER specifications or clearly personalized
  • Supply of goods which by their nature are inseparably mixed with other goods

 

Article 8.     Warranty

8.1. Compliance Warranty

Article L.211-4 du Code de la Consommation : « Le SELLER est tenu de livrer un bien conforme au contrat et répond des défauts de conformité existant lors de la délivrance. Il répond également des défauts de conformité résultant de l'emballage, des instructions de montage ou de l'installation lorsque celle-ci a été mise à sa charge par le contrat ou a été réalisée sous sa responsabilité. »

Article L.211-5 du Code de la Consommation : Pour être conforme au contrat, le bien doit :

1° Etre propre à l'usage habituellement attendu d'un bien semblable et, le cas échéant :
- correspondre à la description donnée par le SELLER et posséder les qualités que celui-ci a présentées à l'acheteur sous forme d'échantillon ou de modèle ;
- présenter les qualités qu'un acheteur peut légitimement attendre eu égard aux déclarations publiques faites par le SELLER, par le producteur ou par son représentant, notamment dans la publicité ou l'étiquetage ;

2° Ou présenter les caractéristiques définies d'un commun accord par les parties ou être propre à tout usage spécial recherché par l'acheteur, porté à la connaissance du SELLER et que ce dernier a accepté.


The SELLER is obliged to deliver a PRODUCT in conformity that is to say suitable for the expected use of similar good and corresponding to the description given on the SITE. This compliance also presupposes that the PRODUCT presents the qualities that a buyer can legitimately expect in view of the public statements made by the SELLER, including advertisements and labeling

In this context, the SELLER is liable to answer for any defects of conformity existing at the time of issue and for non-conformities resulting from the packaging, installation instructions or installation when this has been charged to him or Was carried out under his responsibility.

The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the PRODUCT. (Article L.211-12 du Code de la Consommation)

In the event of non-conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at his option. However, if the cost of choosing the CUSTOMER is clearly disproportionate to the other option, considering the value of the PRODUCT or the size of the defect, the SELLER may proceed to a refund without following the chosen option by the customer.

In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days of receipt of the PRODUCT returned and in return for the return of the PRODUCT by the CUSTOMER to the following address 87 Boulevard Ampère 79180 Chauray - France.

Finally, the CUSTOMER is exempt from proof of the lack of conformity of the PRODUCT during the six (6) months following the delivery of the goods.

It is specified that this legal guarantee of conformity applies irrespective of the commercial guarantee granted, if any, on the PRODUCTS.

8.2. Guarantee of hidden defects

The SELLER is liable for the hidden defects of the PRODUCT sold which render it unsuitable for its intended use or which so diminishes this use that the CUSTOMER would not have acquired it or would have given it A lesser price, if he had known them. (Article 1641 du Code Civil)

This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between the refund of the price of the PRODUCT if it is returned and the reimbursement of a part of its price if the PRODUCT is not returned.

In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days of receipt of the PRODUCT returned and in return for the return of the PRODUCT by the CUSTOMER to the address 87 Boulevard Ampère 79180 Chauray - France. The action resulting from the defects must be brought by the CUSTOMER within two (2) years from the discovery of the defect. (Alinéa 1er de l’article 1648 du Code Civil)

 

Article 9.     Proof and Archiving

Any contract concluded with the CUSTOMER corresponding to an order of an amount greater than 120 euros TTC will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code.

The SELLER agrees to store this information in order to monitor the transactions and to produce a copy of the contract at the request of the CUSTOMER.

In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and guarantees the integrity of the transaction.

 

Article 10.     Responsibility

In no event shall the SELLER be liable in the event of non-fulfillment or improper performance of the contractual obligations attributable to the CUSTOMER, in particular when entering his order.

The SELLER can not be held responsible or considered as having failed in the present for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence French courts and tribunals.

It is further specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published therein. Links to third party websites are provided for information purposes only and are not warranted as to their content.

 

Article 11.     Personal data

The SELLER collects on the SITE personal data concerning his CUSTOMERs, including by means of cookies. CUSTOMERS may disable cookies by following the instructions provided by their browser.

The data collected by the SELLER is used to process orders placed on the SITE, to manage the CUSTOMER account, to analyze the orders and, if the CUSTOMER has chosen this option, send him commercial prospecting letters, newsletters, offers Promotional materials and / or special sales information, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.

The data of the CUSTOMER is kept confidential by the SELLER in accordance with its declaration made with the CNIL, for the needs of the contract, its execution and in compliance with the law.

CUSTOMERS may at any time unsubscribe by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by e-mail.

The data may be communicated, in whole or in part, to the service providers of the SELLER involved in the ordering process. For commercial purposes, the SELLER may transfer to his trading partners the names and contact details of his CUSTOMERS, provided that they have given their prior agreement when registering on the SITE.

The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time on the SITE or by contacting the SELLER.

The SELLER can also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.

In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing and freedoms, the CUSTOMER enjoys a right of access, rectification, opposition (for legitimate reasons) and suppression Of his / her personal data. He may exercise this right by sending an e-mail to: info@laurige.com or by sending a letter to 87 Boulevard Ampère 79180 Chauray - France.

It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document or by sending to the SELLER a photocopy of his identity document.

 

Article 12.     Complaints

The SELLER makes available a "Customer Telephone Service" to the CUSTOMER at the following number: 05 49 24 19 93 (number not surcharged).

Any written complaint from the CUSTOMER must be sent to the following address: 87 Boulevard Ampère 79180 Chauray - France.

 

Article 13.     Intellectual property

All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and / or patent law.

These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hyperlink to the SITE must request the authorization of the SELLER in writing.

This authorization of the SELLER will in no case be granted definitively. This link should be deleted at the request of the SELLER. Hyperlinks to the SITE that use techniques such as framing or hyperlinking are strictly forbidden.

 

Article 14.     Validity of the Terms and Conditions

Any modification of the laws or regulations in force or any decision of a competent court invalidating one or more clauses of these Terms and Conditions can not affect the validity of the present Terms and Conditions. Such modification or decision does not authorize CUSTOMERS to disregard these Terms and Conditions.

All conditions not expressly dealt with herein shall be governed in accordance with the customary practice of the retail sector for companies with their registered office in France.

 

Article 15.     Jurisdiction and applicable law

These General Terms and Conditions and the relations between the CUSTOMER and the SELLER are governed by French law. In case of dispute, only the French courts will be competent. The SITE complies with French law and in no case does the SELLER give any guarantee of conformity with the local legislation that would apply to you, as soon as the CUSTOMER accesses the SITE from other countries.

However, prior to any appeal to the arbitral or state court, negotiation shall be privileged in a spirit of loyalty and good faith with a view to reaching an amicable settlement upon the occurrence of any dispute relating to this contract, validity.

The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict. If, after fifteen (30) days, the parties fail to agree, the dispute shall be referred to the competent court.

Throughout the negotiation process and up to its conclusion, the parties shall refrain from pursuing any legal action against each other and for the conflict that is the subject of the negotiation. By way of exception, the parties are entitled to refer the matter to the court of first instance or to apply for an order on application. A possible action before the court of summary proceedings or the implementation of a procedure on request does not involve the parties waiving the clause of amicable agreement, unless expressly contrary intention.