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General terms of sale
These terms and conditions of sale (hereinafter the "GCS") apply to any purchase made by an Internet user (hereinafter the "CUSTOMER") on the website www.laulhere-france.com (hereinafter the "WEBSITE").
The WEBSITE is published and operated by the company LAULHÈRE (hereinafter the "SELLER") whose identification data are as follows :
| Company name | LAULHÈRE |
| Share capital | 250 000,00 |
| Social form | Simplified joint stock company with a single shareholder |
| RCS | 752 924 886 R.C.S Pau |
| Intracommunity VAT | FR 78 752 924 886 |
| Head office address | rue Rocgrand 64 400 Oloron-Sainte-Marie |
| Legal representative | FORZY Rosa-Belle |
| Téléphone | 05 59 39 12 07 |
| contact@laulhere-france.fr |
Any order placed on the WEBSITE necessarily implies the CUSTOMER's unreserved acceptance of these GCS.
1. DEFINITIONS
The terms used below have the following meaning in the GCS :
- « CUSTOMER » : designates the co-contracting MEMBER of the SELLER, who guarantees to have the quality of consumer as defined by the French law and jurisprudence. As such, it is expressly provided that the CUSTOMER acts outside any usual or commercial activity.
- « ACCOUNT » : means the interface in which all the data provided by the MEMBER is gathered. This data includes information related to the CUSTOMER such as his email address, his delivery addresses, his favourite brands, etc.... It is specified that an ACCOUNT cannot be transferred to a third party.
- « DELIVERY » : means the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated in the order.
- « MEMBER » : means any Internet user who has entered personal data on the WEBSITE registration form
- « PRODUCTS » : means all products offered by the SELLER on the WEBSITE.
- « SERVICES » : means all the services offered by the SELLER on the WEBSITE.
- « OPERATIONS » : means all promotional operations (private sales, flash sales, sales with premiums, etc.) offered by the SELLER on the WEBSITE. Within the framework of the OPERATIONS, the PRODUCTS and SERVICES offered are sold in limited quantities and for a specific period.
- « SPONSORSHIP OPERATIONS » : means all sponsorship operations offered for a specific period by the SELLER on the WEBSITE. Within the framework of these OPERATIONS, the CUSTOMER may be entitled to receive vouchers under the conditions set out below.
2. SUBJECT
These GCS govern the sale by the SELLER to its CUSTOMERS of PRODUCTS and SERVICES.
They shall prevail over any other general or specific conditions of the CUSTOMER.
The CUSTOMER is clearly informed and acknowledges that the WEBSITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from different contractual conditions.
The GCS do not confer on the CUSTOMER the status of employee, agent or representative of the SELLER.
The parties further declare that these GCS may in no case be considered as an act constituting a legal entity or any other legal entity, and that any form of "affectio societatis" is expressly excluded from their relationship.
3. ORDERS
3.1 Caracteristics of PRODUCTS and SERVICES
The SELLER shall endeavour to present as clearly as possible :
- the main caracteristics of the PRODUCTS and SERVICES (on the product sheets available on the WEBSITE)
- the mandatory information that the CUSTOMER must receive under the applicable law.
The CUSTOMER undertakes to read this information carefully before placing an order on the WEBSITE.
The SELLER reserves the right to modify the selection of PRODUCTS and SERVICES available on the WEBSITE, in particular according to the constraints of its suppliers.
Unless expressly stated otherwise on the WEBSITE, all PRODUCTS sold by the SELLER are new and comply with the European legislation in force and the standards applicable in France.
In case of doubt about the caracteristics of a PRODUCT or a SERVICE, the CUSTOMER may contact the SELLER at 01 42 65 02 00 (Cost of a local call without surcharge, Monday to Friday 10am-12pm/14pm-5pm) or at the following e-mail address: contact@laulhere-france.fr.
Orders for PRODUCTS and SERVICES are placed directly on the WEBSITE.
To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the browser used by the CUSTOMER, the steps may differ slightly).
3.1.1. PRODUCTS selection
The CUSTOMER shall select the PRODUCT or SERVICE of his choice by clicking on the related "ADD TO CART" function.
If applicable, the CUSTOMER will be invited to choose the desired caracteristics and quantities.
The PRODUCT or SERVICE thus selected is placed in the CUSTOMER's shopping cart.
The CUSTOMER may then add as many PRODUCTS and/or SERVICES as he/she wishes to his/her shopping cart..
It is specified that, in accordance with the public health code, the sale of alcohol to minors is prohibited on the WEBSITE.
3.1.2. Specificities of the shopping
The MEMBER will have access to OPERATIONS that apply only to a limited stock of PRODUCTS and SERVICES.
Each addition to the shopping cart of a PRODUCT and/or SERVICE is immediately taken into account by the WEBSITE so that the MEMBER cannot place an order on an unavailable PRODUCT and/or SERVICE.
This is why the selection of PRODUCTS and/or SERVICES in the MEMBER's shopping cart is only valid for a limited time.
At the end of this period, the selection of PRODUCTS and/or SERVICES in the cart will be deleted so that the corresponding PRODUCTS and/or SERVICES can be offered to other MEMBERS.
3.1.3. Control and correction of the order
Once the MEMBER has finished his selection of PRODUCTS and/or SERVICES, he will be invited to check the content of his order (including quantity and references) before validating its content by clicking on the function "FINALIZE ORDER".
3.1.4. Choice of payment and delivery methods
The CUSTOMER must also specify the means of delivery and the chosen method of payment.
3.1.5. Acceptance of the GCS
Once all the steps described above have been completed, a page will appear on the WEBSITE to confirm the CUSTOMER's order.
In order to definitively validate the order, the CUSTOMER must read and accept these GCS.
The CUSTOMER is invited to carefully read, download and print the GCS and to keep a copy for each new order.
3.2. Confirmation of receipt
A copy of the confirmation receipt of the order will automatically be sent to the CUSTOMER by e-mail, provided that the e-mail address given in the registration form is correct.
3.3. Rejection of the order
The SELLER reserves the right to refuse any order from a CUSTOMER with whom there is a dispute concerning the payment of a previous order.
4. PRINCING POLICY
4.1. Price
For all PRODUCTS and/or SERVICES, the CUSTOMER will find on the WEBSITE prices displayed in euros including all taxes.
The CUSTOMER will be able to calculate the DELIVERY charges applicable to his order according to the volume, the quantity of the products or the chosen mode of transport.
Prices include, in particular, value added tax (VAT) at the rate applicable on the date of the order. Any change in the applicable rate may affect the price of the PRODUCTS as of the date of entry into force of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The SELLER may modify the prices indicated on the WEBSITE, particularly during the OPERATIONS.
The prices indicated are valid, except in the event of a gross error. The applicable price is the one indicated on the WEBSITE on the date the order is placed by the CUSTOMER.
4.2. Payment
4.2.1. Guarantee
The CUSTOMER may pay for PRODUCTS online on the WEBSITE using the methods proposed by the SELLER.
The CUSTOMER undertakes to pay for the order in full.
The CUSTOMER guarantees the SELLER that he/she has all the necessary authorizations to use the chosen payment method.
The SELLER will take all necessary measures to ensure the security and confidentiality of data transmitted online as part of the online payment on the WEBSITE.
In this respect, it is specified that all payment information provided on the WEBSITE is transmitted to the WEBSITE's bank and is not processed on the WEBSITE.
4.2.2. Payment methods
The customer can pay for his order by :
credit card;
The confidential data relating to these payment methods (card number, validity and cryptogram) will not be recorded, but directly communicated to the SELLER's subcontractor.
In order to guarantee the security of the online payment, the CUSTOMER's banking data are encrypted and secured thanks to the SSL certificate.
As part of the fight against fraud, the SELLER reserves the right to request proof of identity, residence or payment method.
These measures are intended to ensure that the person whose bank account is debited is the person who accepted the order.
Failure or refusal to provide the requested proofs may lead the SELLER to cancel the order.
4.2.3. Payment date
The payment of the total price is due upon ordering. In case of online payment, the CUSTOMER's account will be debited upon validation of the PRODUCT and/or SERVICE order placed on the WEBSITE.
In the event that the order is for unavailable PRODUCTS and/or SERVICES, the CUSTOMER may decide to cancel the order and shall be reimbursed in accordance with the last paragraph of Article 5 of these GCS.
4.2.4. Delay or rejection of payment
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the CUSTOMER proves impossible within three (3) days, the order will be cancelled and the sale automatically terminated.
5. PRODUCTS AVAILABILITY
The availability of PRODUCTS depends on the SELLER's stocks.
The SELLER undertakes to honour orders received subject to the availability of the PRODUCTS.
The unavailability of a PRODUCT is indicated on the WEBSITE.
In any case, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay.
The SELLER may, at the CUSTOMER's request, offer :
- Shipment of all PRODUCTS at the same time as soon as the PRODUCTS out of stock are available again,
- Partial shipment of the available PRODUCTS at first, and then shipment of the rest of the order when the other PRODUCTS are available, subject to clear information regarding the additional transport costs that may be incurred,
- The dispatch of an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel the order of unavailable PRODUCTS, he/she will be reimbursed for all sums paid for the unavailable PRODUCTS within thirty (30) days of payment..
6. RETRACTATION PROCEDURE
The terms and conditions of the right of retraction are set out in the "retraction policy", which is available in Annex 1 hereof and can be accessed at the bottom of each page of the WEBSITE via a hypertext link.
In accordance with the legal provisions in force, the customer may exercise his or her right of retraction from LAULHERE once the order has been validated by LAULHERE and up to fourteen (14) days after delivery of the product or collection from the shop without having to justify his or her reasons or pay any penalty. In order to exercise the right of retraction, the customer must notify LAULHÈRE, by e-mail via the link https://www.laulhere-france.com/en/contact/, of their decision to withdraw from this contract by means of an unambiguous statement. If the customer uses the link https://www.laulhere-france.com/en/contact/, to notify LAULHÈRE of the exercise of his right of retraction, LAULHÈRE will immediately send him an acknowledgement of receipt of the retraction by e-mail. In order for the retraction period to be observed, it is sufficient for the customer to send his communication concerning the exercise of the right of retraction before the retraction period expires.
If the right of retraction is exercised within the aforementioned period, the price of the product(s) purchased and the shipping costs will be reimbursed to the customer. Laulhère will pay for the direct cost of returning the product(s), as indicated on the page https://www.laulhere-france.com/en/frequently-asked-questions.
LAULHÈRE will inform the customer by e-mail or telephone of the arrangements for sending or taking back the product. If the product must be returned by the customer, the latter must send the product to BOUTIQUE LAULHÈRE PARIS SERVICE WEB Rue de Rocgrand 64400 Oloron-Sainte-Marie or drop it off at the LAULHÈRE shop without undue delay and, in any event, no later than fourteen (14) days after the customer has communicated his or her decision to retract from this contract. This deadline is deemed to have been met if the customer returns the product before the expiry of the fourteen (14) day period.
Bulky products (over 20 kg) or bulky items will systematically be collected by a carrier chosen by LAULHÈRE at the customer's address indicated on the order form. These costs are estimated at a maximum of approximately 131.82 euros per item. The customer will be informed in advance of the cost of returning the product. This cost will be deducted from the sums reimbursed to the customer under his right of withdrawal. The customer is entitled to request any justification from LAULHÈRE concerning the cost of this return. The product must be returned or collected by LAULHÈRE in its original and complete condition (packaging, accessories, instructions, etc.), clean, and in conditions that allow it to be remarketed in new condition. The customer must attach a copy of the purchase invoice to the returned product.
Products that are dirty, in poor condition or incomplete will not be accepted.
The customer may be held liable in the event of depreciation of the product not resulting from normal use of the product.
The customer will be reimbursed for the totality of the sums paid (less return costs) at the latest within fourteen (14) days from the date on which LAULHÈRE is informed of the customer's decision to exercise their right of retraction. If the product is returned by the customer, LAULHÈRE will defer reimbursement until LAULHÈRE has received the product or until the customer has provided proof of shipment of the product, whichever comes first.
The customer will be reimbursed by cheque if the customer has paid by cheque or by crediting the customer's account if the customer has paid by bank card, unless otherwise agreed with the customer.
7. EVIDENCE AND ARCHIVING
Any contract concluded with the CUSTOMER corresponding to an order of more than 120 euros including VAT will be archived by the SELLER for a period of ten (10) years in accordance with Article L213-1 of the Consumer Code.
To access the contract, the CUSTOMER may make a request to the following address
LAULHÈRE rue Rocgrand 64400 Oloron-Sainte-Marie
The SELLER agrees to archive this information in order to monitor transactions and to produce a copy of the contract at the CUSTOMER's request.
In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
8. TRANSFER OF OWNERSHIP
The SELLER remains the owner of the PRODUCTS delivered until delivery.
The above provisions do not prevent the transfer to the CUSTOMER, upon receipt by the CUSTOMER or by a third party designated by the CUSTOMER other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the retention of title, as well as the risks of damage that they may cause.
9. DELIVERY
The terms of DELIVERY of the PRODUCTS are set out in the "Delivery Policy" referred to in Appendix 2 hereof and accessible at the bottom of each page of the WEBSITE via a hypertext link.
10. PACKAGING
The PRODUCTS will be packaged in accordance with current transport standards, in order to ensure maximum protection for the PRODUCTS during DELIVERY.
CUSTOMERS are requested to observe the same standards when returning PRODUCTS under the conditions set out in Appendix 1 - Retraction Policy.
11. GUARANTEES
The SELLER is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility. (Articles L. 211-4 et seq. of the Consumer Code)
The SELLER is liable for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would only have paid a lesser price for it, if he had known about them (Article 1641 of the Civil Code).
When acting under the legal guarantee of conformity, the CUSTOMER :
-has a period of two years from the date of delivery of the goods to act;
-may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L. 211-9 of the Consumer Code;
-is exempted from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months as of 18 March 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The CUSTOMER may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he/she may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
11.1. Practical details
All complaints and requests for exchange or refund must include the number of the order concerned and the reason for the request (hidden defect, exceeding the delivery deadline, etc.).
The CUSTOMER may use the WEBSITE's contact form to send his complaint directly to the SELLER.
12. RESPONSABILITE
The SELLER declines all responsibility in the event of :
- Non-compliance with these GCS attributable to the CUSTOMER (inaccurate information at the time of ordering, illicit comments, etc.);
- Delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by French case law;
- External cause not attributable to the SELLER;
- Temporary inability to access the WEBSITE for technical maintenance or updating operations;
- In case of virus attacks;
- In case of abnormal use or illicit exploitation of the WEBSITE;
- Indirect or immaterial damages such as loss of opportunity, loss of profit, loss of contract or loss of image.
It is furthermore specified that the SELLER does not control the websites that are directly or indirectly linked to the WEBSITE.
Consequently, the SELLER does not accept any responsibility for the information published on these sites.
Links to third-party websites are provided for information purposes only and no guarantee is given as to their content.
It is specified that the SELLER does not grant any contractual guarantee on the PRODUCTS.
13. MINORS
We do not sell products to minors.
We sell children's products for purchase by adults. If you are under 18, you may only use a Laulhère service under the supervision of a parent or guardian.
14. PERSONAL DATA
In the context of the operation of the SITE, the SELLER is likely to collect personal data.
This data is necessary for the management of the CUSTOMER's order and will be processed in accordance with the purposes set out at the time of collection.
In this respect, the CUSTOMER is invited to consult the WEBSITE's Privacy Policy, which will give him/her further information on the protection of personal data and the processing carried out via the WEBSITE.
In accordance with the French law "Informatique et liberté" n°78-17 of 6 January 1978 modified in 2004, the CUSTOMER has the right to access and rectify information concerning him/her.
To do this, the CUSTOMER must contact the customer service department at the following email address contact@laulhere-france.fr or by post at LAULHÈRE, rue Rocgrand 64400 Oloron-Sainte-Marie.
In order to allow simplified and personalised navigation on the WEBSITE, the WEBSITE makes use of cookies. The CUSTOMER has the possibility of refusing cookies by configuring their Internet browser.
The SELLER collects personal data on the SITE about its CUSTOMERS, including through cookies.
In this regard, CUSTOMERS are referred to the SITE's Privacy Policy and Cookie Management.
15. CLAIMS
The SELLER provides the CUSTOMER with a "Customer Telephone Service" at the following number: 05 59 39 12 07 (Cost of a local call without surcharge, Monday to Friday from 9am to 12pm/14pm to 5pm).
Any written complaint from the CUSTOMER must be sent to the following email address contact@laulhere-france.fr or by post to LAULHÈRE, rue Rocgrand 64400 Oloron-Sainte-Marie.
16. INTELLECTUAL PROPERTY
All visual and audio elements of the WEBSITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the WEBSITE must request authorization from the SELLER in writing.
Under no circumstances will this authorisation from the SELLER be granted on a permanent basis. This link must be removed at the request of the SELLER. Hypertext links to the WEBSITE using techniques such as framing or in-line linking are strictly prohibited..
17. VALIDITY OF THE GCS
Any change in the applicable law or regulations, or any decision of a competent court invalidating one or more clauses of these GCS shall not affect the validity of these GCS.
Any such change or decision shall not entitle the CUSTOMERS to disregard these GTC.
Any terms and conditions not expressly dealt with herein shall be governed in accordance with the practice of the retail sector for companies whose registered office is located in France.
18. MODIFICATION OF THE GCS
These GCS apply to all purchases made online on the SITE, as long as the WEBSITE is available online. The GCS are dated precisely and may be modified and updated by the SELLER at any time. The applicable GCS are those in force at the time of the order.
Changes to the GCS shall not apply to PRODUCTS and SERVICES already purchased.
19. JURIDICTION AND APPLICABLE LAW
These GCS and the relationship between the CUSTOMER and the SELLER are governed by French law. In the event of a dispute, only the French courts shall have jurisdiction.
However, prior to any recourse to an arbitral or state judge, negotiation will be preferred in a spirit of loyalty and good faith with a view to reaching an amicable agreement in the event of any dispute relating to this contract, including those concerning its validity.
The party wishing to initiate the negotiation process shall inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute.
If at the end of a period of fifteen (15) days, the parties do not reach an agreement, the dispute shall be submitted to the competent court designated below.
The CUSTOMER may also have recourse to a competent mediation mechanism in the event of a dispute, the contact details of which are available by contacting customer service. Before referring the matter to a mediator, the consumer must prove that he has first attempted to resolve the dispute with the SELLER. The mediator must be contacted within a maximum of one year following the complaint addressed to the SELLER.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Company adheres to the e-commerce mediation service of DEVIGNY MEDIATION, whose contact details are as follows: 9 avenue René Gasnier D01-49100 ANGERS- contact@devignymediation.fr
The customer is also informed of the existence of an online dispute resolution platform set up by the European Commission.
During the entire negotiation process and until its conclusion, the parties shall refrain from taking any legal action against each other in relation to the dispute under negotiation.
By way of exception, the parties are entitled to apply to the interlocutory court or to seek an order on application.
Any action before the summary court or the application for a writ shall not entail any waiver by the parties of the amicable settlement clause, unless they expressly wish otherwise.
The consumer is informed of the existence of the online dispute settlement platform and of the possibility of using it to settle his dispute.
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APPENDIX 1
RETRACTATION POLICY
1. Principle and deadline for retractation
The CUSTOMER has the right to withdraw from the contract concluded at a distance with the SELLER without having to justify his decision, and this for fourteen (14) days from :
From the conclusion of the contract, for contracts for the provision of SERVICES ;
From the receipt of the PRODUCT by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of PRODUCTS and contracts for the provision of services including the delivery of PRODUCTS.
If the CUSTOMER's order includes several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT.
2. Notification of the right of retractation
To exercise his right of retraction, the CUSTOMER must notify his decision to retract by means of an unambiguous statement via the WEBSITE contact form;
In order for the retraction period to be respected, the CUSTOMER must transmit his communication relating to the exercise of the right of retraction before the expiration of the retraction period.
3. Effects of the retractation
3.1. For the SELLER
In the event of retraction by the CUSTOMER, the SELLER undertakes to reimburse all sums paid corresponding to the PRODUCTS returned, without undue delay and after receipt of the product in the condition returned, and in any event no later than fourteen (14) days from the date on which the SELLER is informed of the CUSTOMER's wish to retract. In the event of partial return of products, the shipping costs will not be reimbursed by the SELLER.
The SELLER shall proceed to the refund using the same means of payment that the CUSTOMER used for the initial transaction.
The SELLER may defer the refund until receipt of the PRODUCT or until the CUSTOMER has provided proof of shipment of the PRODUCT, whichever comes first.
3.2. For the CUSTOMER
3.2.1. Regarding PRODUCTS
3.2.1.1. Return policy
The CUSTOMER must, without undue delay and, in any event, no later than fourteen (14) days after communicating his decision to retract from this contract, return the goods to the postal address: 14-16 rue du Faubourg Saint Honoré, 75008 Paris.
This period is deemed to have been respected if the customer returns the goods before the expiry of the fourteen (14) day period.
3.2.1.2. Return costs
Returns are paid for by the CUSTOMER. In case of partial return of products, the shipping costs will not be refunded by the SELLER.
3.2.1.3. Etat du bien retourné
The PRODUCT shall be returned in accordance with the SELLER's instructions and shall include all accessories delivered.
The CUSTOMER shall only be liable for any depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the PRODUCT.
In other words, the CUSTOMER may test the PRODUCT but may be held liable for any manipulations other than those necessary.
3.2.1.4. Packaging
The PRODUCTS are packaged in accordance with the applicable transport standards to ensure maximum protection for the PRODUCTS during DELIVERY. Customers must comply with the same standards when returning PRODUCTS. The CUSTOMER is therefore invited to return the PRODUCT that is not suitable for him/her in its original packaging and in good condition, suitable for resale.
3.2.2. Regarding SERVICES
A CUSTOMER who requests the performance of a SERVICE before the end of the retraction period may nevertheless exercise his right of retraction.
In this case, the SELLER is entitled to claim payment of an amount corresponding to the SERVICE provided until the communication of his decision to retract, provided that the SELLER has received the CUSTOMER's express request for the performance of the said service during the period of his right of retraction.
3.2.3. Regarding PRODUCTS and SERVICES purchased during OPERATIONS
During the OPERATIONS, the CUSTOMER may benefit from a price reduction depending on the number of PRODUCTS and/or SERVICES purchased.
In this case, the CUSTOMER must return all the PRODUCTS concerned by this type of OPERATION in order to receive a full refund.
In the event that the CUSTOMER returns only a portion of the items that enabled him/her to benefit from this promotional offer, the CUSTOMER shall owe the SELLER a sum equal to the difference between the price of the PRODUCTS retained outside of the promotional offer and the price at which he/she actually purchased them.
Similarly, in the event that the CUSTOMER retains a gift obtained as part of such an OPERATION, the CUSTOMER will owe the SELLER a sum equal to the price of the gift, including postage.
In any event, the SELLER will issue a confirmation e-mail within 15 (fifteen) days following receipt of the CUSTOMER's partial return and the invoice will be available to the CUSTOMER on his ACCOUNT.
4. Exceptions to the right of retractation
According to Article L221-28. of the Consumer Code, the right of retraction cannot be exercised for contracts :
1° For the supply of services fully performed before the end of the retraction period and whose performance has begun after the consumer's express prior agreement and express waiver of his right of retraction ;
Thus, in the context of the provision of SERVICES, the CUSTOMER who requests full performance before the end of the retraction period expressly waives his right of retraction.
2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the trader's control and which may occur during the withdrawal period ;
3° The supply of goods made to the consumer's specifications or clearly personalised ;
4° The supply of goods which are likely to deteriorate or expire quickly ;
5° The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection ;
6° The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles ;
7° The supply of alcoholic beverages, the delivery of which is deferred for more than thirty days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market which are beyond the control of the trader ;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limits of spare parts and work strictly necessary to meet the emergency ;
9° The supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery ;
10° The supply of a newspaper, periodical or magazine, except for contracts for subscriptions to such publications ;
11° Concluded at a public auction ;
12° The provision of accommodation services, other than residential accommodation, transport services, car rental, catering or leisure activities which are to be provided on a specific date or at a specific time ;
13° The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer has given his express prior consent and expressly waived his right of retraction.
In addition, Article L221-2 of the Consumer Code excludes from the scope of application of the right of retraction in particular
1° Contracts relating to social services, including social housing, child and family support, with the exception of personal services mentioned in Article L. 7231-1 of the Labour Code ;
2° Contracts relating to health services provided by health professionals to patients to assess, maintain or restore their state of health, including the prescription, delivery and supply of medicines and medical devices ;
3° Contracts relating to the gambling mentioned in Article L. 320-1 of the Internal Security Code, including lotteries, casino games and betting transactions ;
4° Contracts relating to financial services ;
5° Contracts relating to a tourist package, within the meaning of Article L. 211-2 of the Tourism Code ;
6° Contracts relating to timeshare contracts, long-term holiday product contracts and resale and exchange contracts mentioned in Articles L. 224-69 and L. 224-70 ;
7° Contracts drawn up by a public officer ;
8° Contracts for the supply of foodstuffs, beverages or other everyday household goods, which are physically delivered by a professional on frequent and regular rounds to the consumer's home or place of residence or work ;
9° Contracts relating to passenger transport services, with the exception of the provisions of Article L. 221-14 ;
10° Contracts concluded by means of vending machines or automated commercial websites ;
11° Contracts concluded with telecommunications operators for the use of public telephone booths or for the purpose of a single connection by telephone, internet or fax, in particular value-added services and products accessible by telephone or by text message ;
12° Contracts relating to the creation, acquisition or transfer of real estate or rights to real estate, the construction of new buildings, the major transformation of existing buildings or the rental of housing for residential purposes.
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APPENDIX 2
DELIVERY POLICY
1. Delivery location
The products offered can be delivered in Metropolitan France and in the following countries: Austria, Belgium, Bulgaria, Canada, Cyprus, Denmark, Finland, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Norway, Poland, Slovenia, Spain, Sweden, Switzerland, United Kingdom and United States. The PRODUCTS are shipped to the DELIVERY address indicated by the CUSTOMER during the ordering process.
2. Delivery time
The maximum DELIVERY time is thirty (30) working days from the date of the order of the PRODUCT or SERVICES, unless otherwise specified to the CUSTOMER before the final validation of the order. The SELLER shall indicate in the order confirmation e-mail the DELIVERY time for the order. The CUSTOMER shall be able to monitor the DELIVERY of his order in his ACCOUNT via the "MY ORDERS" tab.
3. DELIVERY terms and conditions
3.1 Transporters
Transport details will be provided on the website.
3.2 DELIVERY in a relay point or in store
During the ordering process, the CUSTOMER may choose to collect the package directly from one of the SELLER's relay points offered on the website.
As soon as the package is available in the relay point chosen by the CUSTOMER, the latter is informed by the SELLER.
The CUSTOMER then has 14 days to collect the package.
During the ordering process, the CUSTOMER may choose in-store delivery (click and collect), which is free.
This service is offered exclusively in LAULHÈRE shops located at 14-16 rue du Faubourg Saint Honoré, 75008 Paris.
Products from exclusive web sales are not eligible for this service. Orders are delivered to the shop chosen by the Customer, from Monday to Saturday, during the shop's opening hours.
The CUSTOMER will be informed of the arrival of the package. The CUSTOMER may collect the Product in accordance with Article 5 below.
The package is available in shop within 14 working days following receipt of the confirmation e-mail. After this period, the order will be cancelled and the customer will be reimbursed for the order, except in cases of proven bad faith or fraud (e.g.: recurrent retraction..), in which case the SELLER reserves the right to apply a 20% penalty corresponding to the return costs and to block the IP address of this CUSTOMER.
3. Delivery tracking
Once the order has been shipped, the SELLER will send a shipment confirmation email including the package number corresponding to the shipment made so that the CUSTOMER is able to track the progress of the delivery.
4. Delivery fees
The DELIVERY fees, calculated according to the delivery method, weight and volume of the PRODUCTS ordered, are indicated to the CUSTOMER during the ordering process and before the final validation of the order.
5. Presentation of the package to the customer
In a relay point or in a shop, the package will be given to the CUSTOMER against signature and on presentation of an identity document, of the email or of the sms received to make the package available.
If a third party is presented, a photocopy of the customer's identity card and a written power of attorney must be presented. Failing this, the relay point will be entitled to refuse delivery of the package.
If the CUSTOMER's address contains errors that do not allow the package to be DELIVERED, a new DELIVERY will be considered after exchanging information with the CUSTOMER; the costs incurred for this new DELIVERY will be charged to the CUSTOMER.
6. DELIVERY issues
The CUSTOMER is obliged to carefully check the packages and verify the contents in the presence of the delivery person, before signing the DELIVERY slip.
If the PRODUCTS delivered have been damaged during transport and are damaged (breakage, shock, deformation, etc.) or do not comply with the specifications indicated on the order form (error on the product, colour, etc.), the CUSTOMER must refuse the packages by writing the reason for refusal legibly on the DELIVERY slip. The packages will be returned to the SELLER and the CUSTOMER will be reimbursed without undue delay from the date of receipt of the retraction letter.
The SELLER shall refund the CUSTOMER the total amount paid for the PRODUCTS, including taxes and delivery charges, by the same method of payment used by the CUSTOMER to purchase the PRODUCTS.
The SELLER is responsible until the PRODUCT is DELIVERED to the customer. It is reminded that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss noted during delivery.