IMPORTANT: The customer declares that he/she has read and accepted the General Terms and Conditions of Sale prior to placing the order. The validation of the order therefore constitutes acceptance of the General Terms and Conditions of Sale.
Updated on 01/05/2023
PREAMBLE
These General Terms and Conditions of Sale are offered by the micro-enterprise LAMARO, managed by Joanna DA SILVA and registered in the directory of trades of the Chamber of Crafts of the PACA region under the number 877 634 261, whose registered office is located at 76 rue du Camas, 13005 Marseille, France.
The MICRO-ENTERPRISE referred to above is known under the trade name LAMARO, trademark registered with the INPI on September 4, 2019 under the number 19 4 578 845.
LAMARO offers the following products:
- Handcrafted manufacture of travel items, leather goods;
- Handicraft production of small leather goods;
1. DEFINITIONS
The following terms have the following meanings in these General Terms and Conditions of Sale:
"WEBSITE": refers to the website www.atelier-lamaro.com
"MICRO-ENTERPRISE": refers to the MICRO-ENTERPRISE LAMARO, Siret 877 634 261 00029
"CLIENT": refers to the co-contractor of the MICRO-ENTERPRISE, which guarantees to have the status of consumer as defined by French law and jurisprudence. As such, it is expressly provided that the CLIENT acts outside of any habitual or commercial activity.
"DELIVERY": refers to the receipt of the PRODUCTS ordered by the CUSTOMER at the delivery address in metropolitan France or abroad, indicated at the time of ordering.
"PRODUCTS": refers to all the products available on the SITE.
"ORDER": refers to the firm order of products and/or services made by the CLIENT to the MICRO-ENTERPRISE through the SITE under the conditions defined below.
2. PURPOSE – PRINCIPLES
These T&Cs express all the obligations of the parties. In this sense, the CLIENT is deemed to accept them without reservation. These T&Cs apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
The CLIENT is clearly informed and acknowledges that the SITE is aimed at consumers and that professionals must contact the sales department of the MICRO-ENTERPRISE in order to benefit from separate contractual conditions.
These T&Cs are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the ORDER.
The CLIENT is invited to carefully read, download, print the T&Cs and to keep a copy of them. The MICRO-ENTERPRISE and the CLIENT agree that these T&Cs exclusively govern their relationship. The MICRO-ENTERPRISE reserves the right to modify its T&Cs from time to time. They will be applicable as soon as they are posted online.
The MICRO-ENTERPRISE advises the CLIENT to read the GTC with each new order, the latest version of the said GTC applying to any new order of PRODUCTS.
If one of the conditions of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose micro-enterprises have their headquarters in France.
3. PURCHASES OF PRODUCTS ON THE SITE
To be able to purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have the legal capacity or, if they are a minor, be able to prove the agreement of their legal representatives.
The CLIENT will be asked to provide information that allows them to be identified by completing the form available on the WEBSITE.
The sign (*) indicates the fields that must be filled in for the CUSTOMER's ORDER to be processed by the MICRO-ENTERPRISE.
The CUSTOMER can check the status of his order on the WEBSITE, the tracking of DELIVERIES may, if necessary, be carried out using the online tracking tools of some carriers.
The CUSTOMER may also contact the sales department of the MICRO-ENTERPRISE at any time by e-mail at the address contact@atelier-lamaro.com in order to obtain information on the status of his order.
The information that the CLIENT provides to the MICRO-ENTERPRISE when placing an order must be complete, accurate and up-to-date. The MICRO-ENTERPRISE reserves the right to ask the CLIENT to confirm, by any appropriate means, his/her identity, eligibility and the information provided.
4. OWNERSHIP CLAUSE
The MICRO-ENTERPRISE retains ownership of the products until the full price has been paid.
5. OBLIGATIONS – LIABILITY
5.1 OBLIGATIONS
The MICRO-ENTERPRISE undertakes to take orders and ensure DELIVERIES in a professional manner in order to ensure an optimal service to its customers.
However, the MICRO-ENTERPRISE will not be required to ensure the operation of the SITE in the event of force majeure understood, within the meaning of French jurisprudence, as any unforeseeable, irresistible and external event such as strike, bad weather, wars, embargoes, failure of the electricity network or the internet network, failure of satellites, etc.
The information on the SITE is for information purposes only, subject to error or omission.
5.2 LIABILITY
The MICRO-ENTERPRISE is responsible for the proper performance of its contractual obligations.
However, the MICRO-ENTERPRISE cannot be held liable if the execution or improper execution of an order is attributable to the CLIENT or to technical constraints beyond the control of the MICRO-ENTERPRISE as set out in Article 5.1 above.
In particular, the MICRO-ENTERPRISE declines all responsibility in the event of interruption of the SITE, the occurrence of bugs or operating errors, as well as in the event of damage, direct or indirect, whatever the causes, origins, nature or consequences, caused by anyone's access to the SITE or the impossibility of accessing it, as well as the use of the SITE and/or credit given to any information coming directly or indirectly from the latter.
In particular, the MICRO-ENTERPRISE assumes no responsibility for any damage that may be caused to the CLIENT's computer equipment as a result of accessing the WEBSITE, using or downloading any of its elements (data, texts, images, videos or sounds, etc.)
For maintenance reasons, the MICRO-ENTERPRISE may interrupt the operation of the SITE and will endeavour to notify the CUSTOMERS in advance by sending an email to the email address provided during registration.
The MICRO-ENTERPRISE cannot be held responsible for the delay, loss or misdelivery of an e-mail, nor for whether or not it is sent to an incorrect e-mail address.
6. PRE-CONTRACTUAL INFORMATION
The CLIENT acknowledges having been informed, prior to placing his ORDER and concluding, in a legible and comprehensible manner, of these GTC and all the information listed in Article L.221-5 of the Consumer Code.
The following information shall be communicated to the CLIENT, in a clear and comprehensible manner:
- The essential characteristics of the property;
- The price of the property and/or the method of calculating the price;
- If applicable, any additional transport, DELIVERY or postage costs and any other charges that may be due;
- In the absence of immediate performance of the contract, the date or period within which the MICRO-ENTERPRISE undertakes to deliver the good, regardless of its price;
- Information relating to the identity of the MICRO-ENTERPRISE, its postal, telephone and electronic contact details, and its activities, those relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and modalities of implementation of guarantees and other contractual conditions.
7. CONCLUSION OF AN ONLINE SALES CONTRACT – ORDER
7.1 CONCLUSION OF A CONTRACT OF SALE
In accordance with the provisions of Article 1127-1 of the Civil Code, the CLIENT must follow a series of steps to conclude the contract electronically in order to be able to place their order:
- Information on the essential characteristics of the PRODUCT;
- Choice of the PRODUCT, if any, its options;
- Indication of the CLIENT's essential contact details (identification, email, address, etc.);
- Acceptance of these T&Cs;
- Verification of the elements of the order (double-click formalities) and, if necessary, correction of errors;
- Before proceeding with the confirmation, the CUSTOMER has the opportunity to check the details of his order, its price, and to correct any errors, or cancel his order.
- The confirmation of the order will constitute the formation of the contract.
- Then, follow the instructions for payment, pay for the products, and then deliver the order.
- The customer will receive confirmation by email of the payment of the order, as well as an acknowledgment of receipt of the order confirming it.
7.2 ORDERING
The CUSTOMER has the possibility to place their order online, from the online catalogue and by means of the form contained therein, for any PRODUCT, within the limits of available stocks. The CLIENT will be informed of any unavailability of the PRODUCT or the goods ordered.
In order for the order to be validated, the CLIENT must accept, by clicking on the place indicated, these General Terms and Conditions. They will also have to choose the address and the method of DELIVERY, and finally validate the payment method.
The sale will be considered final after the CLIENT has been sent the confirmation of the acceptance of the order by the MICRO-ENTERPRISE by e-mail and after the MICRO-ENTERPRISE has received the full price.
Any order implies acceptance of the prices and description of the PRODUCTS available for sale. Any dispute on this point will take place in the context of a possible exchange and the guarantees mentioned below.
In certain cases, such as non-payment, incorrect address or other problem with the CLIENT's account, the MICRO-ENTERPRISE reserves the right to block the CLIENT's order until the problem is resolved.
For any question relating to the follow-up of an order, the CLIENT can send an email to the MICRO-ENTERPRISE at the following email address: contact@atelier-lamaro.com
7.2.1 ELECTRONIC SIGNATURE
The online provision of the CLIENT's credit card number and the final validation of the order will constitute proof of the CLIENT's agreement: payment of the sums due under the purchase order; signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the CLIENT is invited, as soon as this use is noticed, to contact the MICRO-ENTERPRISE by email at the following email address: contact@atelier-lamaro.com
7.2.2 ORDER CONFIRMATION
Once the order steps have been completed, a page will appear on the site to acknowledge receipt of the CUSTOMER's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CUSTOMER by e-mail, provided that the e-mail address provided by the registration form is correct.
The MICRO-ENTERPRISE does not send any order confirmations by post or fax.
7.2.3 PROOF OF TRANSACTION
The computerized registers, kept in the computer systems of the MICRO-ENTERPRISE under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
7.2.4 INVOICING
During the ordering process, the CUSTOMER will have to enter the information necessary for invoicing, the sign (*) will indicate the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the MICRO-ENTERPRISE. In particular, the CLIENT must clearly indicate all the information relating to the DELIVERY, as well as any access code to the DELIVERY address.
The CLIENT must also specify the chosen means of payment.
Neither the order form that the CLIENT draws up online, nor the acknowledgement of receipt of the order that the MICRO-ENTERPRISE sends to the CLIENT by e-mail constitute an invoice. Regardless of the method of order or payment used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
7.2.5 PRODUCT AVAILABILITY
The MICRO-ENTERPRISE undertakes to deliver the PRODUCT on the date or within the time indicated to the CLIENT, unless the parties have agreed otherwise. The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS can also be informed of the restocking of a PRODUCT by the MICRO-ENTERPRISE.
In any case, if the unavailability has not been indicated at the time of ordering, the MICRO-ENTERPRISE undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.
In the event that a PRODUCT is unavailable, the MICRO-ENTERPRISE may, if the parties agree, offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CUSTOMER decides to cancel his/her order for an unavailable PRODUCT, he/she will obtain a refund of all sums paid for the unavailable PRODUCTS no later than 14 days from the date of payment.
8. PRODUCTS AND SERVICES
The essential characteristics of the PRODUCTS and their respective prices are made available to the CUSTOMER on the WEBSITE, as well as, where applicable, the method of use of the product.
In accordance with Article 112-1 of the Consumer Code, the CLIENT is informed, by means of marking, labelling, display or any other appropriate process, of the prices and special conditions of the sale and its performance of the services before any conclusion of the ORDER.
When the PRODUCTS are not executed immediately, clear information is given on the PRODUCT presentation page as to the delivery dates of the PRODUCTS.
The PRODUCTS governed by these General Terms and Conditions are those that appear on the WEBSITE and are indicated as sold and shipped by the MICRO-ENTERPRISE. They are offered while stocks last.
The PRODUCTS are described and presented as accurately as possible.
However, if errors or omissions may have occurred in this presentation, the MICRO-ENTERPRISE cannot be held liable. The contractual information is presented in detail and in French.
The MICRO-ENTERPRISE and the CLIENT agree that the illustrations or photos of the PRODUCTS offered for sale have no contractual value.
8.1 GIFT CARD
The Lamaro gift card is valid for 1 year from the date of issue and can be used on our entire online store. It can be used for an item other than the one originally listed. It can only be used once. If it is used on an item that is less than the amount on the card, the difference will not be refunded. The gift card cannot be returned or exchanged for cash. Your gift card is a valuable document that should be kept in a safe place. Lost or stolen gift cards are not replaced.
9. PRICES
Prices are quoted and payable in Euros. The selling price of the PRODUCT is the one in force indicated on the day of the ORDER. The MICRO-ENTERPRISE reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of ordering.
The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the PRODUCTS in the online store.
If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either upwards or downwards, this change may be reflected in the selling price of the PRODUCTS.
The prices shown are valid unless there is a gross error. The applicable price is the one indicated on the website on the date on which the order is placed by the CLIENT.
The period of validity of the offer of the PRODUCTS as well as their prices is specified on the WEBSITE.
Customs duties or other local taxes or import duties or state taxes may be payable in some cases. These fees and sums do not fall within the purview of the MICRO-ENTERPRISE.
They are the responsibility of the CLIENT (declarations, payment to the competent authorities, etc.). The MICRO-ENTERPRISE invites the CLIENT to inquire about these aspects with the corresponding local authorities.
The telecommunication costs necessary to access the SITE, the sending of e-mails, and telephone calls to the MICRO-ENTERPRISE are the responsibility of the CLIENT.
10. PAYMENT
Payment is due at the time of the ORDER, including for pre-order PRODUCTS.
10.1 METHOD OF PAYMENT
This is an order with an obligation to pay, which means that the placing of the ORDER implies a payment by the CUSTOMER.
To pay for their order, the CUSTOMER has at their choice, all the payment methods made available to them by the COMPANY and listed on the WEBSITE.
The CLIENT guarantees to the COMPANY that he/she has any necessary authorisations to use the payment method chosen by him/her, when validating the purchase order.
Payment of the price is made in full on the day of the order, according to the following methods:
By credit card on our WEBSITE. At no time does the COMPANY have access to the information regarding the payment. When you pay by credit card, the CUSTOMER is in direct contact with our partners' interface.
Bank data transmitted by encryption are therefore not stored by the MICRO-ENTERPRISE. The ORDER is processed immediately after validation of the collection by the payment management center of the MICRO-ENTERPRISE.
10.2 LATE OR REFUSAL OF PAYMENT
If the bank refuses to charge a card or other means of payment, the CUSTOMER must contact the customer service of the MICRO-ENTERPRISE – contact@atelier-lamaro.com, in order to pay for the order by any other valid means of payment.
The MICRO-ENTERPRISE reserves the right to suspend all order management and DELIVERY in the event of refusal of authorization of payment by credit card by officially accredited organizations or in the event of non-payment.
In particular, the MICRO-ENTERPRISE reserves the right to refuse to make a DELIVERY or to honour an order from a CUSTOMER who has not paid in whole or in part for a previous order or with whom a payment dispute is being administered.
11. DELIVERY
11.1 AVAILABILITY OF PRODUCTS – REFUND – RESOLUTION
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the SITE, shipping times will be, within the limits of available stocks, those indicated below.
Regarding products in stock:
Orders are shipped on Mondays and Thursdays, except in the event of closure of the online store clearly announced on the homepage of the SITE.
For DELIVERIES in Metropolitan France and Corsica, the delay is 48 hours from the day following shipment by Colissimo.
At the latest, the period will be 30 working days after the conclusion of the contract.
For DELIVERIES in the French overseas departments and territories or any other country, the terms of DELIVERY will be specified to the CLIENT on a case-by-case basis.
For custom orders:
Lead times are displayed on the product sheets and run on average between 2 and 8 weeks of manufacture.
In the event of non-compliance with the agreed DELIVERY date or deadline, the CLIENT must, before terminating the contract, order the MICRO-ENTERPRISE to perform it within a reasonable additional period.
In the absence of performance by the end of this new period, the CLIENT may freely terminate the contract.
The CLIENT must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.
The contract will be considered terminated upon receipt by the MICRO-ENTERPRISE of the letter or writing informing it of this termination, unless the professional has complied in the meantime.
In this case, when the contract is terminated, the MICRO-ENTERPRISE is obliged to reimburse the CLIENT for all sums paid, no later than 14 days following the date on which the contract was terminated.
In the event of unavailability of the ordered PRODUCT, the CUSTOMER will be informed as soon as possible and will have the option of cancelling the order.
The CLIENT will then have the choice of requesting either the refund of the sums paid within 14 days of their payment at the latest, or the exchange of the PRODUCT.
11.2 TERMS OF DELIVERY
DELIVERY means the transfer of physical possession or control of the goods to the consumer. The PRODUCTS ordered are delivered according to the terms and deadlines specified above.
The PRODUCTS are delivered to the address indicated by the CLIENT on the order form, the CLIENT must ensure its accuracy. Any parcel returned to the MICRO-ENTERPRISE due to an incorrect or incomplete DELIVERY address will be re-shipped at the CLIENT's expense.
The CLIENT may, at his request, obtain the sending of an invoice to the billing address and not to the DELIVERY address, by validating the option provided for this purpose on the order form.
If the CUSTOMER is absent on the day of DELIVERY, the delivery person will leave a notice in the mailbox, which will allow the parcel to be collected at the places and times indicated.
If, at the time of DELIVERY, the original packaging is damaged, torn, opened, the CUSTOMER must then check the condition of the items. If they have been damaged, the CUSTOMER must imperatively refuse the parcel and note a reservation on the DELIVERY note (parcel refused because it has been opened or damaged).
The CLIENT must indicate on the DELIVERY note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the DELIVERY (damage, missing product compared to the DELIVERY note, damaged package, broken products, etc.). This verification is considered to have been carried out once the CLIENT, or a person authorised by him, has signed the DELIVERY note.
The CLIENT must then confirm these reservations to the carrier by registered mail no later than two working days following receipt of the item(s) and send a copy of this letter by ordinary mail to the MICRO-ENTERPRISE at the following address:
LAMARO, 76 rue du Camas, 13005 Marseille
If the PRODUCTS need to be returned to the MICRO-ENTERPRISE, they must be the subject of a return request to the MICRO-ENTERPRISE within 14 days of DELIVERY.
Any claim made after this period will not be accepted.
The return of the PRODUCT can only be accepted for PRODUCTS in their original condition (packaging, accessories, instructions, etc.).
11.3 DELIVERY ERRORS
The CLIENT must submit to the MICRO-ENTERPRISE on the same day of DELIVERY or at the latest on the first working day following DELIVERY, any claim of DELIVERY error and/or non-conformity of the PRODUCTS in kind or quality with respect to the indications on the order form. Any claim made after this period will be rejected.
The claim can be made by email at the following address: contact@atelier-lamaro.com
Any claim not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the MICRO-ENTERPRISE from any liability towards the CLIENT.
Upon receipt of the complaint, the MICRO-ENTERPRISE will assign an exchange number for the PRODUCT(s) concerned and communicate it by email to the CLIENT.
The exchange of a PRODUCT can only take place after the exchange number has been assigned.
In the event of a DELIVERY or exchange error, any PRODUCT to be exchanged or refunded must be returned to the MICRO-ENTERPRISE in its entirety and in its original packaging, by registered Colissimo, to the following address:
LAMARO, 76 rue du Camas, 13005 Marseille
Return shipping costs are the responsibility of the MICRO-ENTERPRISE.
12. CONFORMITY AND WARRANTY
In accordance with Article L.411-1 of the French Consumer Code, the PRODUCTS offered for sale through these T&Cs comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers. Regardless of any commercial warranty, the MICRO-ENTERPRISE remains liable for any lack of conformity and hidden defects of the PRODUCT.
In accordance with Article L.217-4, the MICRO-ENTERPRISE delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
In the event of implementation of the legal guarantee of conformity, it is reminded that:
- the CLIENT has a period of 2 years from the delivery of the goods to take action;
- the CLIENT may choose between the repair or replacement of the good, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
- the CLIENT does not have to provide proof of the non-conformity of the goods during the 24 months in the case of new goods (6 months in the case of second-hand goods), following the delivery of the goods.
In accordance with the legal provisions on compliance and latent defects (Articles 1641 et seq. of the Civil Code), the MICRO-ENTERPRISE is responsible for any hidden defects that may affect the property sold.
It will be up to the CLIENT to prove that the defects existed at the time of sale of the property and are likely to render the property unfit for the use for which it is intended.
This warranty must be implemented within two years of the discovery of the defect. The CLIENT may choose between the cancellation of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code. The procedure can be done by email at the following address: contact@atelier-lamaro.com
13. ORDER CANCELLATION – WITHDRAWAL – PRODUCT RETURN
13.1 APPLICATION OF THE RIGHT OF WITHDRAWAL
In accordance with the provisions of the Consumer Code, the CUSTOMER has a period of 14 days from the date of DELIVERY of his order, to return any item that does not suit him and request an exchange or refund without penalty, with the exception of the return costs which remain the responsibility of the CUSTOMER.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be re-marketed in new condition, accompanied by the purchase invoice.
PRODUCTS that are damaged, soiled or incomplete will not be returned.
The right of withdrawal can be exercised by simply sending an e-mail to the following address: contact@atelier-lamaro.com
In this case, an acknowledgment of receipt will be immediately communicated to the CLIENT.
Any other form of withdrawal declaration is accepted. It must be unambiguous and express a willingness to retract.
In the event of exercising the right of withdrawal within the above-mentioned period, the price of the PRODUCT(s) purchased will be reimbursed and the DELIVERY costs will be refunded.
Return shipping costs are the responsibility of the CLIENT.
The exchange (subject to availability) or refund will be made within 8 days, and at the latest, within 14 days from the receipt, by the MICRO-ENTERPRISE, of the PRODUCTS returned by the CUSTOMER under the conditions set out above.
PLEASE NOTE: The refusal of a parcel after shipment does not in itself constitute an application of the right of withdrawal. Any requests made outside the scope set out above will be considered null and void.
13.1.1 EXCEPTIONS
According to Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts: for the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period; the supply of goods made according to the consumer's specifications or clearly personalised; supply of goods that are likely to deteriorate or expire quickly; the supply of goods that have been unsealed by the consumer after DELIVERY and that cannot be returned for reasons of hygiene or health protection; for the supply of goods which, after being delivered and by their nature, are inseparably mixed with other articles {etc.}
Here are the items that cannot be returned:
- Gift cards;
- Customized/tailor-made orders.
To make a return, you must present a receipt or proof of purchase to the MICRO-ENTERPRISE.
Please do not return your purchase without first contacting the MICRO-ENTERPRISE.
13.2 ORDER CANCELLATION
The CUSTOMER cannot cancel his order himself on the site. However, he/she may request the cancellation of a validated and unshipped order by contacting the MICRO-ENTERPRISE's customer service at the following address contact@atelier-lamaro.com specifying his/her order number.
The customer will then receive a confirmation email taking into account their request.
If the collection has already taken place, the MICRO-ENTERPRISE has 14 days to make the refund by the bank of the MICRO-ENTERPRISE's choice.
In the event that the order has not yet been paid, the CLIENT will not suffer any impact.
13.3 PRODUCT RETURNS
The return will be made by the customer's means (unless otherwise specified) to the following address:
LAMARO, 76 rue du Camas, 13005 Marseille
The PRODUCTS must be returned new, properly protected, in their original packaging, in perfect resalable condition (not damaged, damaged or soiled by the CUSTOMER) together with any accessories, user manuals and documentation to the address indicated above, accompanied by the invoice.
Parcels in which there is no enclosed element that identifies the sender (order number, surname, first name and address) will not be accepted.
Any costs and risks related to the return of the product are the responsibility of the CUSTOMER.
The return of the products will give rise to a refund equal to the purchase price of the PRODUCT(s) purchased as well as the reimbursement of any delivery costs.
As soon as the return has been processed, the MICRO-ENTERPRISE will send an email to the CUSTOMER informing him of the amount of the refund.
14. FORCE MAJEURE
Any circumstances beyond the control of the parties that prevent the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the obligations of the parties and shall result in their suspension.
The party invoking the above circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.
Force majeure shall be considered to be any irresistible facts or circumstances beyond the control of the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the parties, despite all reasonable possible efforts.
In addition to those usually accepted by the case law of the French courts and tribunals, the following are considered to be cases of force majeure or unforeseeable circumstances: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to CUSTOMERS.
The parties will come together to review the impact of the event and agree on the conditions under which the performance of the contract will continue. If the force majeure event lasts for more than three months, these T&Cs may be terminated by the injured party.
15. INTELLECTUAL PROPERTY – INDUSTRIAL PROPERTY
15.1 INTELLECTUAL PROPERTY
All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request the authorization of the MICRO-ENTERPRISE in writing.
This authorization of the MICRO-ENTERPRISE will not be granted definitively under any circumstances. This link must be removed at the request of the MICRO-ENTERPRISE. Hypertext links to the SITE that use techniques such as framing or in-line linking are strictly prohibited.
Any representation or reproduction, in whole or in part, of the SITE and its contents, by any process whatsoever, without the express prior authorization of the MICRO-ENTERPRISE is prohibited and will constitute an infringement punishable by articles L.335-2 et seq. and articles L.713-1 et seq. of the Intellectual Property Code.
Acceptance of these T&Cs constitutes acknowledgement by the CLIENT of the intellectual property rights of the MICRO-ENTERPRISE and commitment to respect them.
15.2 INDUSTRIAL PROPERTY
All PRODUCTS and models of the LAMARO® brand are registered with a certified body in order to protect the entire range.
They are marketed by the MICRO-ENTERPRISE on the SITE.
Our PRODUCTS are manufactured with the greatest care in France, thus optimizing the choice of materials.
The LAMARO trademark is registered with the INPI under number 19 4 578 84.
16. INFORMATION AND FREEDOMS
The MICRO-ENTERPRISE collects personal data about its CUSTOMERS on the website, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.
The data collected by the MICRO-ENTERPRISE is used for the purpose of processing orders and, if the CLIENT has expressly chosen this option, sending them commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CLIENT no longer wishes to receive such communications from the MICRO-ENTERPRISE. The CLIENT's data is kept confidentially by the MICRO-ENTERPRISE for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hypertext link 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 MICRO-ENTERPRISE involved in the ordering process. For commercial purposes, the MICRO-ENTERPRISE may transfer to its business partners the names and contact details of its CUSTOMERS, provided that they have expressly given their prior consent when registering on the site.
The MICRO-ENTERPRISE will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS will be able to change their mind at any time by contacting the MICRO-ENTERPRISE.
The MICRO-ENTERPRISE may also ask its CLIENTS if they wish to receive commercial solicitations from its partners. In accordance with Law No. 78-17 of 6 January 1978 on data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC
(General Data Protection Regulation (GDPR), the seller ensures the implementation of the rights of data subjects.
It is reminded that the CLIENT whose personal data is processed has the rights of access, rectification, updating, portability and deletion of information concerning him/her, in accordance with the provisions of articles 39 and 40 of the amended Data Protection Act, and the provisions of articles 15, 16 and 17 of the European General Data Protection Regulation (GDPR).
In accordance with the provisions of Article 38 of the amended Data Protection Act and the provisions of Article 21 of the GDPR, the CLIENT may also, for legitimate reasons, object to the processing of data concerning him/her, without reason and free of charge.
The CLIENT may exercise his/her rights by sending an email to:
contact@atelier-lamaro.com
17. PARTIAL NON-VALIDATION
If one or more stipulations of these T&Cs are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other stipulations shall retain their full force and scope.
18. NON-WAIVER
The fact that one of the parties does not rely on a breach by the other party of any of the obligations referred to in these GTC shall not be interpreted for the future as a waiver of the obligation in question.
19. LANGUAGE OF THE CONTRACT
These T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
20. MEDIATION AND COMPLAINTS
If necessary, the CLIENT may submit any complaint by contacting the MICRO-ENTERPRISE by email at the following address: contact@atelier-lamaro.com and by post at the following address: LAMARO, 76 rue du Camas, 13005 Marseille
The CLIENT may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
As the search for a solution acceptable to both parties may fail, you will find all the information you need to use a mediator by accessing the platform to help resolve disputes between sellers and buyers in accordance with Directive 2013/11 European Union: https://ec.europa.eu/consumers/odr/main/index.cfm
The MICRO-ENTERPRISE proposes to use the mediation services of the FEVAD: http://www.mediateurfevad.fr
21. GOVERNING LAW
These T&Cs are subject to the application of French law.
In the event of a dispute or claim, the CLIENT shall first contact the MICRO-ENTERPRISE to obtain an amicable solution.
22. PROTECTION OF PERSONAL DATA
22.1 DATA COLLECTED
The personal data collected on this SITE are as follows:
- Account opening: when creating the user's account, his/her first and last names; e-mail address; telephone number; postal address;
- Connection: when the user connects to the SITE, the user records, in particular, his/her surnames, first names, connection data, usage data, location data and payment data;
- Profile: the use of the services provided on the SITE makes it possible to fill in a profile, which may include an address and a telephone number;
- Payment: as part of the payment for the PRODUCTS and services offered on the WEBSITE, the latter records financial data relating to the user's bank account or credit card;
- Communication: when the SITE is used to communicate with other members, the data concerning the user's communications are temporarily stored;
- Cookies: cookies are used in connection with the use of the WEBSITE. The user has the option of disabling cookies from their browser settings.
22.2 USE OF PERSONAL DATA
The purpose of the personal data collected from users is to provide the services of the SITE, to improve them and to maintain a secure environment. Specifically, the uses are as follows:
- Access and use of the WEBSITE by the user;
- Management of the operation and optimization of the SITE;
- Organization of the terms and conditions of use of payment services;
- Verification, identification and authentication of the data transmitted by the user;
- Offering the user the possibility of communicating with other users of the WEBSITE;
- Implementation of user support;
- Personalization of the services by displaying advertisements based on the user's browsing history, according to their preferences;
- Prevention and detection of fraud, malware (malicious software) and management of security incidents;
- Management of possible disputes with users;
- Sending commercial and advertising information, according to the user's preferences.
22.3 SHARING OF PERSONAL DATA WITH THIRD PARTIES
Personal data may be shared with third-party companies, in the following cases:
- When the user uses the payment services, for the implementation of these services, the SITE is in contact with third-party banking and financial companies with which it has entered into contracts;
- When the user publishes, in the free comment areas of the WEBSITE, information that is accessible to the public;
- When the user authorises the SITE of a third party to access their data;
- When the SITE uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data, in the context of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
- If required by law, the WEBSITE may carry out the transmission of data to follow up on claims made against the WEBSITE and to comply with administrative and judicial procedures;
- If the MICRO-ENTERPRISE is involved in a merger, acquisition, sale of assets or receivership proceedings, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed, before the personal data is transferred to a third party.
22.4 SECURITY AND CONFIDENTIALITY
The SITE implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access.
However, it should be noted that the Internet is not a completely secure environment and the SITE cannot guarantee the security of the transmission or storage of information on the Internet.
22.5 IMPLEMENTATION OF USER RIGHTS
In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: contact@atelier-lamaro.com
The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, prior to the implementation of this right, the WEBSITE may request proof of the user's identity in order to verify its accuracy.
The right to rectification: if the personal data held by the SITE is inaccurate, they may request that the information be updated.
The right to data deletion: Users may request the deletion of their personal data, in accordance with applicable data protection laws.
The right to restriction of processing: users may request the SITE to limit the processing of personal data in accordance with the hypotheses provided for by the GDPR.
The right to object to the processing of data: users may object to their data being processed in accordance with the assumptions provided for by the GDPR.
The right to portability: they can request that the MICRO-ENTERPRISE hand over the personal data provided to them in order to transmit them to a new SITE.
22.6 ARTICLE 19.6. EVOLUTION OF THIS CLAUSE
The MICRO-ENTERPRISE reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a change is made to this personal data protection clause, the MICRO-ENTERPRISE undertakes to publish the new version on its WEBSITE.
The MICRO-ENTERPRISE will also inform users of the change by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option of deleting their account.
23. LEGAL NOTICE – CREDITS
The publisher of the SITE (www.atelier-lamaro.com) is Mrs. DA SILVA Joanna, head of the MICRO-ENTERPRISE LAMARO, identified in the CMA trade register of the PACA region under the number 877 634 261, whose registered office is located LAMARO, 76 rue du Camas, 13005 Marseille.
Publisher of the Site: Mrs. DA SILVA Joanna, Head of the MICRO-ENTERPRISE LAMARO
SIRET number: 877 634 261 00029
Editorial manager: Joanna DA SILVA
76 rue du Camas 13005 Marseille
Email: contact@atelier-lamaro.com
Website: www.atelier-lamaro.com
CMS used : Prestashop
Website : www.prestashop.com
Accommodation:
Host: Infomaniak Network SA
Website: http://www.infomaniak.com
Photo credits: Joanna Da Silva and Nicolas Hodée
24. CONSUMER INFORMATION
Consumer Code
Article L. 217-4: "The seller delivers goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.
He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation where the latter has been charged to him by the contract or has been carried out under his responsibility."
Article L. 217-5: "The property is in conformity with the contract:
(1) If it is suitable for the use usually expected of similar property and, if applicable:
- whether it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- whether it has the qualities that a buyer can legitimately expect in the light of public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted."
Article L. 217-6: "The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them".
Article L. 217-7: "Defects of conformity that appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity."
Article L. 217-8: "The buyer is entitled to demand that the goods conform to the contract. He cannot, however, contest compliance on the basis of a defect that he knew or could not have known of when he contracted. The same applies when the defect has its origin in the materials which it has itself supplied."
Article L. 217-9: "In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other modality, taking into account the value of the property or the extent of the defect. He is then obliged to proceed, unless this is impossible, in a manner not chosen by the purchaser."
Article L. 217-10: "If the repair and replacement of the property is impossible, the buyer may return the property and have the price refunded or keep the property and have part of the price returned. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be achieved without major inconvenience for the latter, taking into account the nature of the property and the use he seeks. However, the sale cannot be rescinded if the lack of conformity is minor."
Article L. 217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. The same provisions do not preclude the award of damages.
Article L. 217-12: "The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods."
Article L. 217-13: "the provisions of this section do not deprive the buyer of the right to bring the action resulting from redhibitory defects as it results from Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature that is recognized by law."
Article L. 217-14: "The recourse action may be brought by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the Civil Code.
Article L. 217-15: "The commercial guarantee means any contractual commitment by a professional to the consumer with a view to the reimbursement of the purchase price, the replacement or repair of the goods or the provision of any other service in relation to the goods, in addition to their legal obligations to guarantee the conformity of the goods.
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
The contract specifies the content of the guarantee, the terms and conditions of its implementation, its price, its duration, its territorial scope and the name and address of the guarantor.
In addition, it clearly and precisely states that, regardless of the commercial guarantee, the seller remains bound by the legal guarantee of conformity referred to in Articles L. 217-4 to L. 217-12 and the one relating to defects in the item sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in their entirety in the contract.
In the event of non-compliance with these provisions, the warranty shall remain valid. The buyer is entitled to avail himself of it."
Article L. 217-16: "When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of movable property, to restore it covered by the guarantee, any period of immobilization of at least seven days shall be added to the duration of the guarantee that remained to run.
This period shall run from the date of the purchaser's request for assistance or from the date on which the goods in question are made available for repair, if such provision is made after the request for intervention."
Civil code
Article 1641: "The seller is bound by the guarantee in respect of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish that use, that the buyer would not have acquired it, or would have given only a lower price, if he had known of them."
Article 1648: "An action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be discharged from apparent defects or lack of conformity."