The Seller carries out an e-commerce activity and offers an online Product sales service on the laguiole.com website. These General Conditions of Sale (hereinafter referred to as “Conditions”) are exclusively reserved for consumer Buyers. These Conditions may be subject to modification, the applicable Conditions are those in force on the date the Order is placed.
Article 1 – Definitions
The terms used within the Conditions will have the meaning given to them below:
Buyer: natural person, aged at least 18 years old and having the legal capacity to contract, acquiring Products through the Site;
Order: purchase order from the Buyer relating to one or more Products and accepted by the Seller in accordance with the Conditions;
Email or Electronic Mail (“e-mail” is only a “foreign equivalent” according to the opinion of the General Commission of Terminology and Neology published in J.O No. 141 of June 20, 2003): computerized document that ‘a user enters, sends or consults offline via a network. An email most often contains text to which other texts, images and/or sounds may be attached;
Internet: global network combining telecommunications resources and server and client computers, intended for the exchange of electronic messages, multimedia information and files. It works using a common protocol which allows the routing of messages divided into independent packets step by step;
Party(ies): The Buyer and/or the Seller;
Product: good offered for sale on the Site by the Seller;
Site (Website or Internet Site): website accessible at laguiole.com on which the Seller offers the Products for sale;
Seller: EASI FRANCE – Laguiole.com
221D Birch Road
69126 BRINDAS – FRANCE
Registration in the trade and companies register: 508 467 248 RCS Lyon
SIRET number: 508 467 248 00011
Intra-community identification number: FR 5040988993800034
Article 2 – Purpose and scope of application
The purpose of the Conditions is to define the rights and obligations of the Seller and the Buyer in the context of the sale of Products through the Site. The Conditions apply to all sales of Products by the Seller to the Buyer made through the Site.
Article 3 – Order
The Buyer declares to have read the Conditions prior to placing his Order and acknowledges that the validation of his Order implies acceptance of their terms. The Buyer also acknowledges that the Conditions are made available to him in a way that allows their storage and reproduction in accordance with article 1369-4 of the Civil Code, it being specified that these operations are his sole responsibility. All contractual information is presented in French and will be subject to confirmation no later than the time of delivery. In order to place his Order, the Buyer must select the Products and the desired quantities on the Site and add them to his shopping cart. To finalize his Order, the Buyer must then click on the “Order” button and provide the delivery, billing and payment information requested. The sales contract between the Seller and the Buyer is formed when the Buyer clicks on the “Confirm Order” button during the Order verification and confirmation stage. Until this final stage, the Buyer will have the possibility of returning to the previous pages and of correcting and/or modifying his Order and the information previously provided.
A confirmation email, acknowledging receipt of the Order and containing all of this information, will then be sent to the Buyer as soon as possible. The Buyer must therefore provide a valid email address when filling in the fields relating to his identity. The offers presented by the Seller on the Site are valid within the limits of available supplier stocks. In the event that a Product ordered by the Buyer is permanently unavailable, the Seller undertakes to inform the Buyer by email as soon as it becomes aware of this unavailability. This unavailability entails the partial or total cancellation of the Order, at the Buyer’s choice. This cancellation entails the reimbursement of the Buyer, as soon as possible and at the latest within thirty (30) days, if his bank account has already been debited. In this case, the refund will be made by crediting the debited bank account. The Seller reserves the right to refuse an Order from a Buyer with whom a payment dispute relating to a previous Order is in progress.
Article 4 – Payment
The prices of the Products indicated on the pages of the Site correspond to the prices excluding shipping costs. Shipping costs are indicated on the Site before final validation of the Order. The Seller reserves the right to modify the prices of the Products presented on the Site. However, the Products will be invoiced to the Buyer on the basis of the prices in force at the time of validation of the Order. The Buyer must make payment after the Order confirmation stage, by credit card or transfer. (transfer costs being the responsibility of the buyer). The payment order made by credit card cannot be canceled. Therefore, payment of the Order by the Buyer is irrevocable, without prejudice to the Buyer exercising his right of withdrawal or subsequent cancellation of the Order. The transfer of ownership of the Product to the Buyer will only take place upon full receipt of the price by the Seller.
Article 5 – Delivery
The Products are delivered in a single shipment to the delivery details indicated by the Buyer during the Order. Products can be delivered anywhere in the world, excluding post office boxes. The Products are shipped by Colissimo Recommended 48H followed (La Poste) for orders in France or by FedEx for an order outside France and delivered against signature.
If at the time of delivery, the original packaging is opened, damaged or torn, the Buyer must then check the condition of the Products. If they have been damaged, the Buyer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged). The Seller undertakes to deliver the Products no later than the date mentioned on the Order verification and confirmation page. This delivery deadline is calculated automatically based on the availability of the different Products in the Order.
The availability of each Product is indicated on its information page. In the event of a delivery delay of more than seven (7) days, the Buyer will have the option of canceling their Order. The return of the Products and the reimbursement of the Buyer will take place under the conditions provided below in article 6 “Cancellation – Withdrawal – Reimbursement”.
Article 6 – Cancellation – Withdrawal – Reimbursement
From receipt of the Products by the Buyer, the latter has the legal withdrawal period of seven (7) days, allowing him, without having to justify particular reasons, to return the Products delivered. If the Buyer makes use of this right of withdrawal within seven (7) clear days from receipt of the Products, the Seller undertakes to reimburse the Buyer as soon as possible and at the latest within thirty (30) days following the date on which this right was exercised, provided that the Buyer has fulfilled, within the withdrawal period, his obligation to return the Products complete, packaged and in perfect condition for resale.
Return postal costs will be the responsibility of the Buyer.
However, any personalized product (engraving, special manufacturing, etc.) or limited series cannot be subject to order cancellation or return of merchandise.
To exercise his right of withdrawal, the Buyer must first obtain a returns number from the Seller by simply sending an Email to firstname.lastname@example.org and specifying the number of the Order concerned. No justification is requested as part of the exercise of the right of withdrawal, however in the interest of improving the offers offered on the Site, comments from the Buyer are welcome. A confirmation acknowledging receipt of this return request, with the return number, will be sent by email to the Buyer.
The returns number must be reported (on plain paper) with the returned Products.
The return of the Products being the responsibility of the Buyer, he is strongly advised to make the return by tracking or registered delivery, with a declared value corresponding to the price of the goods transported.
Article 7 – Guarantees
Without prejudice to his aforementioned right of withdrawal, the Buyer benefits from the legal guarantee on the Products against hidden defects as provided for in article 1641 of the Civil Code. Warranty action for hidden defects must be brought by the Buyer as soon as possible, a maximum of two (2) years from their discovery. Furthermore, the Buyer also benefits from the legal guarantee of conformity on the Products, for a period of two (2) years from the delivery of the good (articles L211-4 and L211-12 of the Consumer Code ). Complaints for hidden defects or non-compliance must be made by email to the address email@example.com, specifying the number of the Order concerned, the designation of the Product concerned as well as a description of the problem. A confirmation acknowledging receipt of the complaint, and indicating the procedure to follow will be sent by email to the Buyer. No Product return must be made without the prior agreement of the Seller. Return postal costs are the responsibility of the Buyer.
Article 8 – Liability
The Seller’s liability is limited to direct and foreseeable damage that may result from the Buyer’s use of the Site and the Products delivered, to the exclusion of any indirect damage. The Seller’s liability cannot be incurred if the non-performance or poor performance of its obligations is attributable to the Buyer, to the unforeseeable and insurmountable act of a third party unrelated to the provision of the services provided for in the Conditions, or to a case of unpredictable, irresistible and external force majeure. The Seller cannot be held liable for damage resulting from a fault of the Buyer in the context of the use of the Products.
Article 9 – Intellectual Property
This Site constitutes a work protected in France by the Intellectual Property Code, and abroad by the international conventions in force on copyright. Any reproduction, modification, adaptation, translation or substantial use of elements of the Site without prior written authorization is strictly prohibited and constitutes an offense of counterfeiting.
Article 10 – Personal data
The Buyer is informed that as part of his Order, personal data concerning him are collected and processed by the Seller. This processing was the subject of a declaration to the Commission Nationale Informatique et Libertés in application of Law No. 78-17 of January 6, 1978.
Article 11 – Convention on evidence
Computerized records, kept in the Seller’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the Parties.
Article 12 – Partial invalidity
If one or more of the stipulations of the Conditions were deemed illicit or void, this nullity would not have the effect of resulting in the nullity of the other provisions of these Conditions, unless these provisions were inseparable from the stipulation invalidated.
Article 13 – Applicable law and attribution of jurisdiction
The Conditions are governed by French law. The Parties agree that in the event of a dispute that may arise regarding the execution or interpretation of the Conditions, they will endeavor to find a compromise solution. If this attempt at an amicable resolution of the dispute fails, it will be brought before the competent courts.