IMPORTANT: The customer declares to have read and accepted the General Conditions of Sale prior to the placing of the order. The validation of the order therefore implies acceptance of the General Conditions of Sale.
Updated on 27/02/2020
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 421 B avenue d'Aix, 13320 Bouc Bel Air, France.
The MICRO-ENTERPRISE referred to above is known by the trade name LAMARO, trademark registered at the INPI on September 4, 2019 under the number 19 4 578 845.
LAMARO offers the following products:
- Artisanal manufacture of travel goods, leather goods;
- Artisanal manufacture of small leather goods;
1. DEFINITIONS
The terms used below have, in these General Terms and Conditions of Sale, the following meaning:
"SITE": refers to the website www.atelier-lamaro.com
"MICRO-ENTERPRISE": means micro-ENTERPRISE LAMARO, Siret 877 634 261 00011
"CLIENT": refers to the contracting partner of the MICRO-ENTREPRISE, which guarantees to have the quality of consumer as defined by French law and case law. As such, it is expressly provided that the CUSTOMER acts outside any usual 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 the order.
"PRODUCTS": refers to all the products available on the SITE.
"ORDER": means the firm order of products and / or services made by the CUSTOMER to the MICRO-ENTERPRISE through the SITE under the conditions defined below.
2. PURPOSE – PRINCIPLES
These GTC express the entirety of the obligations of the parties. In this sense, the CUSTOMER is deemed to accept them without reservation. These GTC apply to the exclusion of all other conditions, and in particular those applicable for sales in store or through other distribution and marketing channels.
The CUSTOMER is clearly informed and acknowledges that the SITE is addressed to consumers and that professionals must contact the commercial department of the MICRO-ENTREPRISE in order to benefit from separate contractual conditions.
These GTC 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 CUSTOMER is invited to read carefully, download, print the GTC and keep a copy. The MICRO-ENTERPRISE and the CUSTOMER agree that these GTC exclusively govern their relationship. The MICRO-ENTREPRISE reserves the right to modify its GTC from time to time. They will be applicable as soon as they are put online.
The MICRO-ENTREPRISE advises the CUSTOMER 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 buy a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.
The CUSTOMER will be invited to provide information allowing him to be identified by completing the form available on the SITE.
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 on the SITE the status of his order, the tracking of DELIVERIES can, if necessary, be carried out using the online tracking tools of certain carriers.
The CUSTOMER may also contact the sales department of the MICRO-ENTREPRISE at any time by e-mail to the address contact@atelier-lamaro.com in order to obtain information on the status of his order.
The information that the CUSTOMER provides to the MICRO-ENTREPRISE during an order must be complete, accurate and up-to-date. The MICRO-ENTERPRISE reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, eligibility and the information communicated.
4. OWNERSHIP CLAUSE
The MICRO-ENTERPRISE retains ownership of the products until the actual payment of the full price.
5. OBLIGATIONS – LIABILITY
5.1 OBLIGATIONS
The MICRO-ENTREPRISE 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 case law, 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 mentioned 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 responsibility of the MICRO-ENTERPRISE can not be engaged if the execution or the poor execution of an order is attributable to the CUSTOMER 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 errors in operation, as well as in the event of damage, direct or indirect, whatever the causes, origins, nature or consequences, caused by the access of anyone 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 CUSTOMER's computer equipment as a result of its access to the SITE, the use or downloading of one 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 endeavor to notify customers in advance by means of an email sent to the email address provided during registration.
The MICRO-ENTERPRISE cannot be held responsible for the delay, loss or mis distribution of an email, nor for sending it or not to an incorrect email address.
6. PRE-CONTRACTUAL INFORMATION
The CUSTOMER acknowledges having had communication, prior to the placing of his ORDER and the conclusion, in a readable and understandable manner, of these GTC and all the information listed in Article L.221-5 of the Consumer Code.
The following information is transmitted to the CUSTOMER in a clear and comprehensible manner:
- The essential characteristics of the property;
- The price of the good and/or the method of calculating the price;
- If applicable, any additional costs of transport, DELIVERY or postage and any other costs due;
- In the absence of immediate execution of the contract, the date or the period within which the MICRO-ENTERPRISE undertakes to deliver the goods, regardless of its price;
- Information relating to the identity of the MICRO-ENTERPRISE, these 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 methods 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 CUSTOMER must follow a series of steps to conclude the contract electronically to be able to carry out his order:
- Information on the essential characteristics of the PRODUCT;
- Choice of the PRODUCT, if any, of its options;
- Indications of the essential contact details of the CUSTOMER (identification, email, address, etc.);
- Acceptance of these GTC;
- Verification of the elements of the order (formalities of the double click) and, if necessary, correction of errors;
- Before proceeding to its confirmation, the CUSTOMER has the possibility to check the details of his order, its price, and to correct any errors, or cancel his order.
- The confirmation of the order will carry formation of the contract.
- Then, follow the instructions for payment, payment of the products, then delivery of the order.
- The customer will receive confirmation by email of the payment of the order, as well as an acknowledgement of receipt of the order confirming it.
7.2 ORDER
The CUSTOMER has the possibility to place his order online, from the online catalog and by means of the form contained therein, for any PRODUCT, within the limits of available stocks. The CUSTOMER will be informed of any unavailability of the PRODUCT or the ordered good.
For the order to be validated, the CUSTOMER must accept, by clicking at the indicated place, these General Conditions. He will also have to choose the address and the delivery method, and finally validate the method of payment.
The sale will be considered final after sending to the CUSTOMER the confirmation of the acceptance of the order by the MICRO-ENTERPRISE by e-mail and after receipt by the MICRO-ENTERPRISE of the entire 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, in particular non-payment, incorrect address or other problem on the CUSTOMER's account, the MICRO-ENTREPRISE reserves the right to block the CUSTOMER's order until the problem is resolved.
For any question relating to the follow-up of an order, the CUSTOMER can send an email to the MICRO-ENTREPRISE to the following email address: contact@atelier-lamaro.com
7.2.1 ELECTRONIC SIGNATURE
The online provision of the CUSTOMER's credit card number and the final validation of the order will be worth proof of the CUSTOMER's agreement: payment of the sums due under the purchase order; signature and express acceptance of all operations carried out.
In case of fraudulent use of the credit card, the CUSTOMER is invited, as soon as this use is noted, to contact the MICRO-ENTREPRISE 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 appears on the site to acknowledge receipt of the CUSTOMER's order. A copy of the acknowledgement 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 confirmation by post or fax.
7.2.3 PROOF OF TRANSACTION
The computerized records, kept in the computer systems of the MICRO-ENTERPRISE under reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
7.2.4 BILLING
During the order procedure, the CUSTOMER must 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. The CUSTOMER must in particular clearly indicate all the information relating to the DELIVERY, as well as any access code to the DELIVERY address.
The CUSTOMER must also specify the means of payment chosen.
Neither the order form that the CUSTOMER draws up online, nor the acknowledgment of receipt of the order that the MICRO-ENTERPRISE sends to the CUSTOMER by e-mail constitute an invoice. Whatever the method of ordering or payment used, the CUSTOMER will receive the original of the 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 period indicated to the CUSTOMER, 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 the order, 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 CUSTOMER.
If the CUSTOMER decides to cancel his order of unavailable PRODUCT, he will obtain a refund of all sums paid for 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 SITE, as well as, where applicable, as the method of use of the product.
In accordance with Article 112-1 of the Consumer Code, the CUSTOMER is informed, by means of marking, labelling, display or any other appropriate process, of the prices and special conditions of the sale and its execution of the services before any conclusion of the ORDER.
When the PRODUCTS are not executed immediately, clear information is given on the product's presentation page as to the delivery dates of the PRODUCT.
The PRODUCTS governed by these General Terms and Conditions are those that appear on the SITE and that are indicated as sold and shipped by the MICRO-ENTERPRISE. They are offered within the limits of available stocks.
The PRODUCTS are described and presented with the greatest possible accuracy.
However, if errors or omissions may have occurred with regard to this presentation, the responsibility of the MICRO-ENTERPRISE could not be engaged. The contractual information is presented in detail and in French.
The MICRO-ENTERPRISE and the CUSTOMER agree that the illustrations or photos of the PRODUCTS offered for sale have no contractual value.
8.1 THE 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 a different item than the one initially indicated. It can only be used at once. If it is used on an item whose amount is less than that of 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 must be kept in a safe place. Lost or stolen gift cards are not replaced.
9. PRICES
Prices are indicated 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 the order.
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 of the online shop.
If one or more taxes or contributions, in particular environmental, were to be created or modified, both upwards and downwards, this change may be reflected in the selling price of the PRODUCTS.
The prices indicated are valid, unless there is a gross error. The applicable price is that indicated on the site on the date on which the order is placed by the CUSTOMER.
The period of validity of the offer of the PRODUCTS as well as their prices is specified on the SITE.
Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums do not fall within the competence of the MICRO-ENTERPRISE.
They are the responsibility of the CUSTOMER and are his responsibility (declarations, payment to the competent authorities, etc.). The MICRO-ENTERPRISE invites the CUSTOMER to inquire about these aspects with the corresponding local authorities.
The telecommunication costs necessary for access to the SITE, the sending of emails, and telephone calls to the MICRO-ENTERPRISE are the responsibility of the CUSTOMER.
10. PAYMENT
Payment is due at the TIME OF ORDER, including for PRODUCTS in pre-order.
10.1 METHOD OF PAYMENT
This is an order with payment obligation, which means that the placing of the ORDER implies a payment of the CUSTOMER.
To pay for his order, the CUSTOMER has, at his choice, all the payment methods made available to him by the COMPANY and listed on the SITE.
The CUSTOMER guarantees to the COMPANY that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form.
Payment of the price is made in full on the day of the order, according to the following methods:
By CB on our SITE. At no time does the COMPANY have access to payment information. When you pay by credit card, the CUSTOMER is in direct contact with the interface of our partners.
The bank data transmitted by encryption are therefore not kept by the MICRO-ENTREPRISE. The ORDER is processed immediately after validation of the collection by the payment management center of the MICRO-ENTERPRISE.
10.2 LATE OR DENIED PAYMENT
If the bank refuses to charge a card or other means of payment, the CUSTOMER must contact the customer service of the MICRO-ENTREPRISE – contact@atelier-lamaro.com, in order to pay for the order by any other valid means of payment.
The MICRO-ENTREPRISE reserves the right to suspend any order management and any DELIVERY in case of refusal of authorization of payment by credit card by officially accredited bodies or in case of non-payment.
The MICRO-ENTERPRISE reserves in particular the right to refuse to make a DELIVERY or to honor an order from a CUSTOMER who has not paid in whole or in part a previous order or with whom a payment dispute is being administrative.
11. DELIVERY
11.1 PRODUCT AVAILABILITY - REFUND - RESOLUTION
Except in case of force majeure or during the periods of closure of the online store which will be clearly announced on the home page of the SITE, the 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 case of closure of the online store clearly announced on the home page of the SITE.
For DELIVERIES in Metropolitan France and Corsica, the deadline 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 DOM-TOM or another country, the terms of DELIVERY will be specified to the CUSTOMER on a case-by-case basis.
Regarding custom commands:
The deadlines 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 time limit, the CUSTOMER must, before breaking the contract, order the MICRO-ENTERPRISE to execute it within a reasonable additional period.
In the absence of execution at the expiry of this new period, the CUSTOMER may freely terminate the contract.
The CUSTOMER must complete these successive formalities by registered letter with acknowledgment of receipt or by writing on another durable medium.
The contract will be considered as terminated upon receipt by the MICRO-ENTERPRISE of the letter or writing informing it of this resolution, unless the professional has performed in the meantime.
In this case, when the contract is terminated, the MICRO-ENTERPRISE is required to reimburse the CUSTOMER for all the sums paid, at the latest within 14 days of the date on which the contract was terminated.
In case of unavailability of the PRODUCT ordered, the CUSTOMER will be informed as soon as possible and will have the possibility to cancel his order.
The CUSTOMER will then have the choice to request either the refund of the sums paid within 14 days at the latest of their payment, or the exchange of the PRODUCT.
11.2 TERMS OF DELIVERY
DELIVERY means the transfer to the consumer of physical possession or control of the good. The PRODUCTS ordered are delivered according to the terms and the time specified above.
The PRODUCTS are delivered to the address indicated by the CUSTOMER on the order form, the CUSTOMER must ensure its accuracy. Any package returned to the MICRO-ENTERPRISE because of an incorrect or incomplete DELIVERY address will be reshipped at the customer's expense.
The CUSTOMER 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 deliveryman will leave a notice of passage in the mailbox, which will allow to collect the package 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 package and note a reservation on the delivery note (package refused because opened or damaged).
The CUSTOMER must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the DELIVERY (damage, missing product compared to the delivery note, damaged package, broken products ...). This verification is considered to have been carried out as soon as the CUSTOMER, or a person authorized by him, has signed the delivery note.
The CUSTOMER must then confirm by registered mail these reservations to the carrier at the latest within two working days of receipt of the item(s) and send a copy of this letter by simple mail to the MICRO-ENTREPRISE at the following address:
LAMARO, 421 B avenue d'Aix, 13320 Bouc Bel Air
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 outside this period cannot be accepted.
The return of the PRODUCT can only be accepted for the PRODUCTS in their original condition (packaging, accessories, instructions ...).
11.3 DELIVERY ERRORS
The CUSTOMER must make to the MICRO-ENTERPRISE on the same day of delivery or at the latest the first working day following delivery, any claim of error of DELIVERY and / or non-conformity of the PRODUCTS in kind or quality compared to the indications appearing on the order form. Any claim made beyond this period will be rejected.
The complaint can be made, by email to the following address: contact@atelier-lamaro.com
Any claim not made in the rules defined above and within the time limits set can not be taken into account and will release the MICRO-ENTERPRISE from any responsibility vis-à-vis the CUSTOMER.
Upon receipt of the complaint, the MICRO-ENTERPRISE will assign an exchange number of the PRODUCT(s) concerned and will communicate it by email to the CUSTOMER.
The exchange of a PRODUCT can only take place after the exchange number has been allocated.
In case of error of DELIVERY or exchange, any PRODUCT to be exchanged or refunded must be returned to the MICRO-ENTERPRISE as a whole and in its original packaging, in Colissimo Recommended, to the following address:
LAMARO, 421 B avenue d'Aix, 13320 Bouc Bel Air
The return costs are the responsibility of the MICRO-ENTERPRISE.
12. CONFORMITY AND WARRANTY
In accordance with Article L.411-1 of the Consumer Code, the PRODUCTS offered for sale through these GTC meet the requirements 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 defects of conformity and hidden defects of the PRODUCT.
In accordance with Article L.217-4, the MICRO-ENTERPRISE delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for defects of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility.
In case of implementation of the legal guarantee of conformity, it is recalled that:
- the CUSTOMER has a period of 2 years from the delivery of the property to act;
- the CUSTOMER 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 CUSTOMER does not have to provide proof of the non-conformity of the good during the 24 months in case of new goods (6 months in case of used goods), following the delivery of the goods.
In accordance with the legal provisions on compliance and hidden defects (articles 1641 and following of the Civil Code), the MICRO-ENTERPRISE is the guarantor of hidden defects that may affect the property sold.
It will be up to the CUSTOMER to prove that the defects existed at the sale of the property and are likely to render the good unfit for the use for which it is intended.
This guarantee must be implemented within two years from the discovery of the defect. The CUSTOMER can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code. The process is done by email to 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 the exchange or refund without penalty, with the exception of the return costs which remain the responsibility of the CUSTOMER.
Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing their re-marketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete PRODUCTS are not taken back.
The right of withdrawal can be exercised by simply formulating it by e-mail to the following address: contact@atelier-lamaro.com
In this case, an acknowledgement of receipt will be immediately communicated to the CUSTOMER.
Any other method of declaration of withdrawal is accepted. It must be unambiguous and express a willingness to withdraw.
In case of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased is refunded and the DELIVERY costs are refunded.
The costs of return are the responsibility of the CUSTOMER.
The exchange (subject to availability) or refund will be made within 8 days, and at the latest, within the period of 14 days from the receipt, by the MICRO-ENTERPRISE, of the PRODUCTS returned by the CUSTOMER under the conditions provided above.
ATTENTION: The refusal of parcels after shipment does not in itself constitute an application of the right of withdrawal. Any requests made outside the framework set out above will be considered null and void.
13.1.1 EXCEPTIONS
According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts: for the supply of goods whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period; the supply of goods made to the consumer's specifications or clearly personalised; the supply of goods that are likely to deteriorate or perish rapidly; supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection; supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles {etc.}
Here are the items that cannot be returned:
- Gift cards;
- Custom / custom-made controls.
To make a return, you must present to the MICRO-ENTERPRISE a receipt or proof of purchase.
Please do not return your purchase without first contacting the MICRO-ENTERPRISE.
13.2 ORDER CANCELLATION
The CUSTOMER may not cancel his order himself on the site. However, he can request the cancellation of a validated and unsated order by contacting the customer service of the MICRO-ENTREPRISE at the following address contact@atelier-lamaro.com specifying his order number.
The customer will then receive a confirmation email taking into account his request.
If the collection has already taken place, the MICRO-ENTERPRISE has 14 days to make the refund by the banking means of the choice of the MICRO-ENTERPRISE.
In the event that the order has not yet been settled, the CUSTOMER will not suffer any impact.
13.3 PRODUCT RETURNS
The return will be made by the means of the customer (unless otherwise specified) to the following address:
LAMARO, 421 B avenue d'Aix, 13320 Bouc Bel Air
The PRODUCTS must imperatively be returned new, properly protected, in their original packaging, in perfect condition of resale (not damaged, damaged or soiled by the CUSTOMER) accompanied by any accessories, instructions for use and documentation at the above address indicated, accompanied by the invoice.
Packages in which no attached element can identify the sender (order number, surname, first name and address) may not be taken back.
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 refund of any delivery costs.
As soon as the return is 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 which prevent the performance of their obligations under normal conditions shall be considered as grounds for exemption from the obligations of the parties and shall entail their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonable efforts.
Expressly, are considered as cases of force majeure or fortuitous cases, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure has a duration of more than three months, these GTC 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 in no case be granted definitively. This link must be removed at the request of the MICRO-ENTERPRISE. Hypertext links to the SITE that use techniques such as framing or the insertion of hypertext links (in-line linking) are strictly prohibited.
Any representation or reproduction, total or partial, of the SITE and its content, 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 and following and articles L.713-1 and following of the Code of Intellectual Property.
The acceptance of these GTC implies recognition by the CUSTOMER of the intellectual property rights of the MICRO-ENTREPRISE and commitment to respect them.
15.2 INDUSTRIAL PROPERTY
All products and models of the LAMARO® brand are registered and 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 mark is registered with the INPI under number 19 4 578 84.
16. INFORMATION AND FREEDOMS
The MICRO-ENTREPRISE collects on the site personal data concerning its CUSTOMERS, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.
The data collected by the MICRO-ENTERPRISE are used to process orders and if the CUSTOMER has expressly chosen this option, send him commercial prospecting letters, newsletters, promotional offers and /or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the MICRO-ENTERPRISE. The CUSTOMER's data is kept confidential by the MICRO-ENTERPRISE for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS can 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 email.
The data may be communicated, in whole or in part, to the service providers of the MICRO-ENTREPRISE involved in the ordering process. For commercial purposes, the MICRO-ENTERPRISE may transfer to its commercial 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 want their personal data to be disclosed. CUSTOMERS may change their mind at any time by contacting the MICRO-ENTERPRISE.
The MICRO-ENTERPRISE may also ask its CUSTOMERS 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 called GDPR), the seller ensures the implementation of the rights of data subjects.
It is recalled that the CUSTOMER whose personal data are processed has the rights of access, rectification, updating, portability and erasure of information concerning him, 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 Regulation on the Protection of Persons (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 CUSTOMER may also, for legitimate reasons, oppose the processing of data concerning him, without reason and free of charge.
The CUSTOMER may exercise his rights by sending an email to the address:
contact@atelier-lamaro.com
17. PARTIAL NON-VALIDATION
If one or more stipulations of these GTC 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 will retain all their 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 cannot be interpreted for the future as a waiver of the obligation in question.
19. LANGUAGE OF THE CONTRACT
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
20. MEDIATION AND COMPLAINT
If necessary, the CUSTOMER may submit any complaint by contacting the MICRO-ENTREPRISE by email at the following address: contact@atelier-lamaro.com and by mail at the following address: LAMARO, 421 B avenue d'Aix, 13320 Bouc Bel Air
The CLIENT may resort to conventional mediation, in particular with the Commission de la médiation de la consommation or with existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
The search for a solution acceptable to both parties may fail, so you will find all the information 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-ENTREPRISE proposes to use the mediation services of the FEVAD: http://www.mediateurfevad.fr
21. APPLICABLE LAW
These GTC are subject to the application of French law.
In the event of a dispute or complaint, the CUSTOMER will first contact the MICRO-ENTERPRISE to obtain an amicable solution.
22. PROTECTION OF PERSONAL DATA
22.1 DATA COLLECTED
The personal data that are collected on this SITE are as follows:
- Account opening: when creating the user's account, his surnames and first names; e-mail address; telephone number; postal address;
- Connection: when the user connects to the SITE, he records, in particular, his surnames, first names, connection data, use, location 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 of the PRODUCTS and services offered on the SITE, it records financial data relating to the bank account or credit card of the user;
- Communication: when the SITE is used to communicate with other members, the data concerning the user's communications are temporarily kept;
- Cookies: cookies are used, as part of the use of the SITE. The user has the possibility to disable cookies from the settings of his browser.
22.2 USE OF PERSONAL DATA
The purpose of the personal data collected from users is to provide the services of the SITE, improve them and maintain a secure environment. Specifically, the uses are as follows:
- Access and use of the SITE by the user;
- Management of the operation and optimization of the SITE;
- Organization of the conditions of use of payment services;
- Verification, identification and authentication of the data transmitted by the user;
- Proposal to the user of the possibility of communicating with other users of the SITE;
- Implementation of user support;
- customization of services by displaying advertisements based on the user's browsing history, according to his preferences;
- Prevention and detection of fraud, malware (malicious software or malware) 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 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 concluded contracts;
- When the user publishes, in the free comment areas of the WEBSITE, publicly accessible information;
- When the user authorizes the SITE of a third party to access his 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 SITE may carry out the transmission of data to follow up on claims made against the SITE and comply with administrative and judicial procedures;
- If the MICRO-ENTERPRISE is involved in a merger, acquisition, transfer of assets or receivership proceedings, it may be required to transfer 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 measures in terms of digital security 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 USERS' RIGHTS
In application of 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, before the implementation of this right, the SITE 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 are inaccurate, they may request the updating of the information.
The right to delete data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
The right to restriction of processing: users can ask the SITE to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.
The right to object to data processing: users can 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 give them the personal data provided to it to transmit them to a new SITE.
22.6 ARTICLE 19.6. EVOLUTION OF THIS CLAUSE
Micro-entreprise 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-ENTREPRISE undertakes to publish the new version on its WEBSITE.
The MICRO-ENTERPRISE will also inform users of the change by e-mail, within a minimum of 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, he has the possibility to delete his 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 head office is located at 421 B avenue d'Aix, 13320 Bouc Bel Air.
Publisher of the Site: Mrs da SILVA Joanna, head of micro-enterprise LAMARO
SIRET number: 877 634 261 00011
Editorial manager: Joanna DA SILVA
421 B Avenue d'Aix 13320 BOUC BEL AIR
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 credit: Joanna Da Silva and Nicolas Hodée
24. CONSUMER INFORMATION
Consumer Code
Article L. 217-4: "The seller delivers a good in conformity 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 it has been charged to him by the contract or has been carried out under his responsibility."
Article L. 217-5: "The good is in conformity with the contract:
1° If it is suitable for the use usually expected of a similar good and where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the 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 by 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 legitimately not in a position to know them".
Article L. 217-7: "Defects of conformity that appear within twenty-four months from the delivery of the good are presumed to exist at the time of delivery, unless proven otherwise. For goods sold used, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the good or the lack of conformity invoked."
Article L. 217-8: "The buyer is entitled to demand the conformity of the good with the contract. He cannot, however, challenge compliance on the basis of a defect that he knew or could not have been unaware of when he contracted. The same applies when the defect has its origin in the materials which he himself has supplied."
Article L. 217-9: "In case of lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a cost manifestly disproportionate to the other modality, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless impossible, according to the method not chosen by the buyer."
Article L. 217-10: "If the repair and replacement of the good are impossible, the buyer may return the good and have the price returned or keep the good 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 can not be implemented within one month following the buyer's claim; 2° Or if this solution cannot be without major inconvenience for the latter given the nature of the property and the use it seeks. However, the sale may not be reseed 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 without any cost to the buyer. The same provisions shall not preclude the award of damages.
Article L. 217-12: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the good."
Article L. 217-13: "the provisions of this section do not deprive the buyer of the right to exercise the action resulting from crippling 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 action for indemnity 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 of a professional towards the consumer with a view to refunding the purchase price, replacing or repairing the good or providing any other service in relation to the good, in addition to its legal obligations to guarantee the conformity of the good.
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
The contract shall specify the content of the guarantee, the methods of its implementation, its price, duration, territorial scope and the name and address of the guarantor.
In addition, it mentions clearly and precisely that, regardless of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 and that relating to defects in the thing 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 full in the contract.
In case of non-compliance with these provisions, the guarantee remains 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 a movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run.
This period shall run from the buyer's request for intervention or from the making available for repair of the goods in question, if such making available is subsequent to the request for intervention."
civil code
Article 1641: "The seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given only a lower price, if he had known them."
Article 1648: "The action resulting from the redhibitory defects must be brought by the purchaser, within two years from 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 relieved of the apparent defects or lack of conformity".