Terms of Sales
Terms of Sales
ARTICLE 1 - Champ d'application
These General Conditions of Sale apply, without restriction or reservation, to all sales concluded by the company LASTELIER (the “ Seller ") from non-professional buyers (the " Customers or the Client "), wishing to acquire the products offered for sale by the Seller (the “ Products ") on the website www.lastelier.com. They specify in particular the conditions of ordering, payment, delivery and management of possible returns of Products ordered by Customers. Products offered for sale on the website www.lastelier.com are leather goods products, fashion accessories, hats, clothing, jewelry.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website www.lastelier.com.
The Customer is required to read it before placing any order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the website www.lastelier.com are not contractual and cannot engage the liability of the Seller.
The Customer is required to refer to the description of each Product in order to know its essential properties and particularities.
Product offers are valid within the limits of available stocks, as specified when placing the order.
The Seller's contact details are as follows:
LASTELIER
Simplified Joint Stock Company with capital of 18,000 euros
Head office: 10 rue de Penthievre, 75008 Paris, FRANCE
RCS PARIS : 817 442 890
These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
These General Conditions of Sale are accessible at any time on the website www.lastelier.com and will prevail, where applicable, over any other version or any other contradictory document.
The Customer declares to have read these General Conditions of Sale and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure as well as the general conditions of use of the website www.lastelier.com.
These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date the order is placed.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of their personal data by writing, by mail and providing proof of their identity, to
LASTELIER
10 rue de Penthievre,
75008 Paris, FRANCE
Validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Conditions of Sale.
The Customer acknowledges having the required capacity to contract and acquire the Products offered on the website. www.lastelier.com.
The Products presented on the website www.lastlier.com are offered for sale for the following territories:
- Metropolitan France
- UNITED STATES
- Asia
- United Arab Emirates
In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and Overseas Territories, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and are the sole responsibility of the Customer.
ARTICLE 2 – Orders
It is up to the Customer to select on the website www.lastelier.com the Products he wishes to order, according to the following terms:
The Customer is invited to select the chosen Products and put them in the shopping cart by clicking on the “Add to cart” button. At any time, the Customer can delete the Products on the shopping cart viewing page, by going to the “Basket” icon available on all pages of the site. www.lastelier.com.
The Customer is invited to consult the summary of his order by clicking on the “Basket” button. At this stage, he can check the details of his order, identify any errors made in data entry and correct them.
After validating the basket by clicking on the “Finish my order” button, the Customer is asked to choose between 3 options:
- Order without creating a customer account;
- Identify yourself with your username and password to order using your customer account;
- Order by creating a customer account.
LASTELIER cannot be held responsible for the inaccuracy of the information communicated by the Customer. Since the creation of a customer account is linked to the placing of an order, registration is reserved only for people with a delivery address in the Territory. The customer account will provide access to a personal space allowing in particular the tracking of orders and access to invoices.
To finalize his order, the Customer:
- must confirm its delivery and billing address, or indicate a new delivery and/or billing address for the Territory.
- Must read these General Terms and Conditions and explicitly accept them by checking the box “I have read and accept the General Conditions of Sale” before proceeding to pay for their order.
- Is then invited to pay the amount of his order by clicking on the “Proceed to payment” button giving access to the secure payment of his order.
Once payment has been confirmed, the Customer receives, immediately and at the latest before delivery, an email confirming their order.
The Customer formally accepts the use of email for confirmation by LASTELIER of the content of the order. It belongs to the Customer of check the accuracy of the order and of report any errors immediately.
The contractual information is presented in French and is subject to confirmation at the latest when the order is validated by the Customer.
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
Any order placed on the website www.lastelier.com constitutes the formation of a contract concluded remotely between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the website. www.lastelier.com.
The Seller is not intended to sell the Products on the website. www.lastelier.com to professionals, but only to consumers, for their personal needs. The Seller therefore reserves the right of refuse orders for the same Product in large quantities and containing more than 4 identical items.
ARTICLE 3 - Prices
The Products are supplied at the current prices appearing on the website www.lastelier.com when recording the order by the Seller. Prices are expressed in Euros, excluding tax and including tax.
The prices take into account any reductions that may be granted by the Seller on the website. www.lastelier.com.
These prices are firm and non-revisable during their period of validity, as indicated on the website. www.lastelier.com the Seller reserving the right, outside this period of validity, to modify prices at any time. They do not include processing, shipping, transportation and delivery costs, which are charged additionally, under the conditionss indicated on the website www.lastelier.com and calculated before placing the order. It is specified that delivery in Metropolitan France is free from 200 Euros including VAT on purchases on the site and internationally from 500 Euros including VAT.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller which will be available on the site in the Customer's personal space.
ARTICLE 4 – Payment conditions
The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment method, according to the following terms:
- by bank cards: Visa, MasterCard, American Express, other credit cards (Ecard bleue)
- on paypal.
Payments are made by an external platform through a payment provider – “Secure Socket Layer” – complying with PCI DSS security standards.
In the event of payment by credit card, the debit is made upon validation of the order.
The Seller will not be required to proceed with the delivery of the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.
Payments made by the Customer will only be considered final after actual collection of the sums due by the Seller.
In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions appearing above, to suspend or cancel delivery of current orders placed by the Customer.
No additional costs, greater than the costs borne by the Seller for the use of a means of payment, may be invoiced to the Customer.
ARTICLE 5 - Deliveries
Delivery costs vary depending on the delivery address.
Shipping costs are free for all orders greater than or equal to €200 for delivery in mainland France and €500 for international delivery.
Delivery times vary depending on the delivery address.
If your order is placed Monday to Friday, it will generally be processed and shipped within 24 hours, unless otherwise indicated by us. An email will be sent to you to confirm order processing and shipping.
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. However, these deadlines are communicated for informational purposes only. However, if the Products ordered have not been delivered within thirty (30) days after the indicative delivery date, for any reason other than force majeure or the act of the Customer, the sale may be canceled at the written request of the Customer. The sums paid by the Customer will then be returned to him at the latest within fourteen (14) days following the date of termination of the contract, excluding any compensation or withholding.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of additional specific invoicing, on an estimate previously accepted in writing by the customer.
Upon delivery of the order, the Customer must check the conformity and condition of his order in the presence of the carrier and issue, where applicable, any useful reservations concerning apparent defects (missing product, damaged package).
The Customer has a period of fourteen (14) days from delivery to formulate in writing (postal mail, e-mail) any reservations or complaints for non-conformity or apparent defect of the Products delivered (for example damaged package already opened. ..), with all the relevant supporting documents (photos in particular). After this period and failing to have complied with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer.
ARTICLE 6 – Transfer of ownership – Transfer of risks
The transfer of ownership of the Seller's Products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, regardless of the delivery date of said Products.
Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.
ARTICLE 7 - Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, at end of exchange or refund, provided that the Products are returned in their original packaging and in new condition within fourteen (14) days following communication of the withdrawal decision) following notification to the Seller of the withdrawal decision client.
Returns must be made in new condition and complete (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be returned.
The right of withdrawal can be exercised online, using the withdrawal form available on the website. www.lastelier.com, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other declaration, unambiguous, expressing the desire to withdraw.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are refunded; return costs remaining the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within fourteen (14) days from receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
Orders with delivery outside Europe, as well as deliveries to France outside mainland France, cannot be returned.
ARTICLE 8 - Responsibility of the Seller - Guarantee
Products sold on the website www.lastelier.com comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with legal provisions,
- The legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or do not correspond to the order,
- The legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
Under the conditions and according to the terms defined in the appendix to these General Conditions of Sale Guarantee of Compliance / Guarantee of Hidden Defects).
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products or the existence of hidden defects under the conditions provided below.
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts.
Refunds for Products deemed non-compliant or defective will be made as soon as possible.
Reimbursement will be made by credit to the Customer's bank account.
The responsibility of the Seller cannot be engaged in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products or Products affected by a defect.
ARTICLE 9 - Information Technology and Freedoms
In application of law 78-17 of January 6, 1978, it is recalled that the personal data requested from the Customer are necessary for the processing of its order and the preparation of invoices, in particular.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
Processing of information communicated via the website www.lastelier.com has been declared to the CNIL.
The Customer has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification and opposition regarding information concerning him.
This right can be exercised in conditions and according to the terms defined on the website www.lastelier.com.
ARTICLE 10 - Intellectual property
The content of the website www.lastelier.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
In addition, the Seller remains the owner of all intellectual property rights over the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Client) with a view to providing the Services to the Client. The Customer therefore refrains from any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller who may condition it on financial compensation.
ARTICLE 11 - Applicable law - Language
These General Conditions of Sale and the operations resulting from them are governed and subject to French law.
These General Conditions of Sale 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.
ARTICLE 12 - Disputes
All disputes to which the purchase and sale operations concluded in application of these general conditions of sale could give rise to concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been resolved between the Seller and the Customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (Consom. C. art. L 534-7) or with existing sectoral mediation bodies , and whose references appear on the website www.lastelier.com or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
ARTICLE 13 - Pre-contractual information - Customer acceptance
The act of a natural (or legal) person ordering on the website www.lastelier.com implies full and complete adherence and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.
ANNEXE I
- PROVISIONS RELATING TO LEGAL GUARANTEES
Article L211-4 of the Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L211-5 of the Consumer Code
To be in conformity with the contract, the good must:
- Be suitable for the use usually expected of similar goods and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or of model
- present the qualities that a buyer can legitimately expect having regard to public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling
- Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L211-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from of the deliverance of the good.
Article L211-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.