Welcome on Seventyone-percent.com



LAMALO SA Seventyone-percent.com and / or their affiliates provide website functionalities and other products and services when you visit or purchase from www.seventyone-percent.com (the "Website"). They also provide the use of LAMALO LA Seventyone-percent products or services, or the use of the software provided by LAMALO SA in connection with all the foregoing (together, the "Seventyone-percent Services"). LAMALO SA provides the Seventyone-percent Services according to the conditions defined on this page. Seventyone-percent is the trade name used by LAMALO SA.




TERMS AND CONDITIONS OF USE



Please read these conditions carefully before using Seventyone-percent. Using the Seventyone-percent Services, you accept to be subject to these terms and conditions. We offer a wide range of Seventyone-percent Services and additional conditions may apply. When you use a Seventyone-percent Service, you are also subject to the terms, guidelines, and conditions applicable to this Seventyone-percent Service ("Terms of service"). If these Terms and Conditions of Use conflict with these Terms of Service, the Terms of Service will prevail.



1. PRIVATE LIFE



To understand our policies, please refer to our Privacy Policy as well as our Internet Advertising and Cookies Policy, which also rule the use of the Seventyone-percent Services.



2. ELECTRONIC COMMUNICATIONS

When you use any Seventyone-percent service or send us e-mails, or other communications from your fixed or mobile equipment, you communicate with us electronically. We will communicate electronically with you using various means, such as e-mails, notification messages in the application, sending e-mails or messages through the website or through other Seventyone-percent Services. You agree to receive electronic communications from us and you agree that all agreements, information, disclosures and other messages sent electronically to you fulfill all legal obligations of written communications, unless a specific and imperative law requires a different mode of communication.



3. INTELLECTUAL PROPERTY, COPYRIGHT, AND PROTECTION OF DATABASES


All content present or made available through Seventyone-percent Services, such as text, graphics, logos, buttons, images, digital downloads, and data compilations, is the property of Seventyone-percent, its affiliates or its content providers and is protected by French and international law of intellectual property, copyright and database protection. The compilation of all the present content or the content made available through Seventyone-percent Services is the exclusive property of Seventyone-percent. It is protected by French and international law of intellectual property and protection of databases.



You must not systematically extract and/or reuse parts of the content of any Seventyone-percent Service without our express written permission. In particular, you must not use a data suction robot, or any similar data collection or data retrieval tool, in order to extract (in one or more times) or reuse a substantial part of any Seventyone-percent Service, without our express and written agreement.



You must not create and/or publish your own databases that contain substantial parts (eg, prices and product lists) of a Seventyone-percent Service without our express and written consent either.



4. REGISTERED TRADEMARKS



Graphics, logos, page headers, buttons, scripts, and service names included or made available through a Seventyone-percent Service are trademarks or design marks of Seventyone-percent. Seventyone-percent brands and can not be used for products or services that do not belong to Seventyone-percent, or that could cause confusion among customers in any way, or that denigrates or discredits Seventyone-percent in any way.
All other brands that do not belong to Seventyone-percent and that appear on any Seventyone-percent Service are the property of their respective owners, who may or may not be affiliated, linked or sponsored by Seventyone-percent.



5. LICENSE AND ACCESS



Subject to compliance with these conditions of use, the terms of the services and the payment of all applicable amounts, Seventyone-percent or its content providers grant you a license that is a limited, non-exclusive, non-transferable, non-sublicensable access to personal and non-commercial use of Seventyone-percent Services. This license does not include any right to use a Seventyone-percent Service or its content to sell it or for any other commercial use such as collection and use of a product listing, descriptions, or product pricing; any use derived from a Seventyone-percent Service or its content; any download or copy of account information for another merchant; or any use of a data suction robot, or other similar data collection or retrieval tool.



All rights not expressly granted to you in these Conditions of Use or in the Terms of Service are reserved and remain to Seventyone-percent or its licensees, suppliers, publishers, rights holders, or any other content provider. No Seventyone-percent Service or any part of it can be reproduced, copied, sold, resold, visited or used for commercial purposes without our express written permission.



You can not frame or use framing techniques to insert any trademark, logo or other commercial information (including images, text, layouts, or shapes). You may not use meta tags or any other "hidden text" using the Seventyone-percent name or trademarks without our express and written permission.



You must not make inappropriate use of a Seventyone-percent service. You must use the Seventyone-percent Services as permitted by law. Seventyone-percent licenses will end if you break these Terms of Use or the Terms of Services.



6. YOUR ACCOUNT


If you use any Seventyone-percent Service, you are responsible for keeping your account and password confidential. You are also responsible to restrict access to your computer and other equipment as well as responsible to the extent permitted by applicable law. You agree to be responsible for all activities that have taken place on your account or with your password. You must take all necessary steps to ensure that your password remains confidential and secure. You must inform us immediately if you suspect that your password is known to someone else, or if the password is used or likely to be used in an unauthorized manner. You are responsible for the validity, accuracy and completeness of the information you provided us and must notify us of any changes. You can access and edit your information, as well as your account settings, in the "My Account" area of the website.



You must not use any Seventyone-percent Service: (i) in any way that would cause, or could cause, any interruption, damage, or alteration of a Seventyone-percent Service, or (ii) for a fraudulent purpose, or in connection with a crime or illegal activity, or (iii) for the purpose of causing disturbances, nuisances or anxiety.



We reserve the right to refuse access, close an account, remove or edit content if you break applicable laws, these Terms of Use or any other terms, conditions, guidelines or policy of Seventyone-percent.



7. INTELLECTUAL PROPERTY CLAIMS



Seventyone-percent respects the intellectual property of others. If you believe that any of your intellectual property rights have been used in a manner that may give rise to a fear of violation of the said rights, please notify us directly in writing or electronically at info@seventyone.com-percent.com

8. OTHER COMPANIES

Third parties other than Seventyone-percent manage stores, offer services and sell product lines on this website. Moreover, we provide links to affiliate websites and a number of companies. We are not responsible for the review or evaluation, nor do we guarantee the offers of these companies or individuals, or the content of their websites. Seventyone-percent does not assume any responsibility or liability for the acts, products or contents of these companies or individuals or other third parties. You are informed when a third party is involved in your transaction, and we may share your information related with this transaction with that third party. You must review their privacy policies and other terms of use carefully.


9. THE ROLE OF SEVENTYONE-PERCENT



Seventyone-percent allows third-party vendors to list and sell their products on Seventyone-percent.com. In each case, this fact is indicated on the respective product detail page. Seventyone-percent provides a place where buyers and sellers meet, complete and finalize their transactions. As a consequence, a sales contract is formed only between the buyer and the third-party seller for the sale of these products from third-party vendors. Seventyone-percent is not a party involved in these contracts and has no responsability arising out of or in connection with this sales contract. Seventyone-percent is neither the agent nor the authorized representative of the third party vendors. The third party vendor is responsible for product sales and complaints or any other problems arising or related to the contract between itself and the buyer.



10. THE RESPONSABILITY OF SEVENTYONE-PERCENT:



We will do our best to ensure the availability of Seventyone-percent Services as well as error-free transmissions. However, due to the nature of the internet, this can not be guaranteed. Moreover, your access to Seventyone-percent Services may occasionally be suspended or limited to allow repairs, maintenance, or add a new feature or service.  We will strive to limit the frequency and duration of these suspensions or limitations of the services.



When it comes to its relationships with professionals, Seventyone-percent is not liable for (i) losses that were not caused by ourselves, or (ii) business losses (including lost profits , net profits, contracts, expected savings, data, customer or unnecessary expenses), or (iii) any indirect or consequential loss that we (you and us) could not predict when you began using the Seventyone-percent Service.



We will not be held responsible for delays or your inability to meet your obligations under these conditions if the delay or impossibility results from a cause beyond our reasonable control. This condition does not affect your legal right to get products sent and services delivered within a reasonable time or to receive a refund if the products or services ordered can not be delivered within a reasonable time due to a cause outside of our reasonable control.



The laws of some countries do not allow some of the limitations listed above. If these laws apply to you, some or all of these limitations do not apply to you, and you may have additional rights.



Nothing in these conditions is intended to limit or exclude our liability in the event of fraud, or in the event of death or personal injury caused by our negligence or gross negligence.


11. APPLICABLE LAW


These Terms of use are subject to French law. Also, the application of the Vienna Convention on Contracts for the International Sale of Goods is expressly excluded. For the purposes of these Terms of Use, you may bring an action to enforce your rights as a consumer in France or in the country of the European Union in which you reside.



12. MODIFICATION OF THE SERVICE OR CONDITIONS OF USE



We reserve the right to make changes to any Seventyone-percent Service, our procedures, our terms and conditions, including these Conditions of use at any time. You are subject to the terms and conditions, procedures and conditions of use in effect at the time you use the Seventyone-percent Service.

If any stipulation of these conditions of use is deemed invalid, null, or unenforceable for any reason whatsoever, such stipulation will  be deemed divisible and will not affect the validity and enforceability of any remaining stipulation.


13. RENUNCIATION

If you transgress these conditions of use and we do not take any action, we will always be entitled to use our rights and remedies in all other situations where you transgress these conditions of use.



14. MINORS



Minors are allowed to purchase products on our website under the supervision of a parent or guardian.



15. OUR CONTACT DETAILS


The website Seventyone-percent.com belongs to Les Graphiquants that carry out its maintenance as well.



SEVENTYONE-PERCENT FRANCE:

LAMALO SA - Moulin d'Yrieu 40530 LABENNE France
France RCS DAX 512 941 345
Intracommunity VAT: FR425 12941345

ADDITIONAL CONDITIONS OF SEVENTYONE-PERCENT SOFTWARES:


1. Use of Seventyone-percent Software.


You can use the Seventyone-percent Software for the sole purpose of enabling you to use and enjoy the Seventyone-percent Services as provided by Seventyone-percent, and as authorized by the Conditions of use,  the Seventyone-percent software terms, and Terms of Service. It is forbidden to integrate all or parts of a Seventyone-percent Software into your own programs, compile all or part of a Seventyone-percent Software with your own programs, transfer all or part of a Seventyone-percent Software to use it with another service or to sell, lease, lend, distribute or sublicense all or part of a Seventyone-percent Software or to transfer any right on the whole Seventyone-percent Software or parts of it. You can not use the Seventyone-percent Software for illegal purposes. We reserve the right to put an end to any use of a Seventyone-percent Software and to withdraw the rights to use Seventyone-percent Software at any time. If you fail to comply with these Seventyone-percent Software Terms and Conditions, the Seventyone-percent Conditions of use and any Service Terms and Conditions, the Seventyone-percent Software rights of use granted to you will be automatically withdrawn without prior notice. Any software used in any Seventyone-percent Service is the property of Seventyone-percent or its software providers and is protected by French and international laws on the protection of computer programs and copyright.



2. Reverse engineering prohibition.



You can't and will not encourage or allow any person to (i) copy, modify, or alter in any way any Seventyone-percent Software as a whole or part of it, create derivative works from the Seventyone-percent Software or (ii) reverse engineer, decompile, or disassemble any Seventyone-percent Software as a whole or in part, except to the extent permitted by law.

3. Updates.



In order to keep the Seventyone-percent Software up to date, we may offer automatic or manual updates at any time and without prior notice.


GENERAL TERMS AND CONDITIONS OF SALE



Last updated on May 26, 2017.



Welcome to www.seventyone-percent.com.


LAMALO SA and / or its affiliates ("Seventyone-percent") provide website functionalities and other products and services when you visit or purchase from www.Seventyone-percent.com (the "Website"). They also provide the use of Seventyone-percent products or services or the use of software provided by Seventyone-percent in connection with all of the above (together, the "Seventyone-percent Services"). Seventyone-percent provides Seventyone-percent Services under the terms set out on this page.


These General Terms and Conditions rule the sale of products between LAMALO SA and you. We offer a wide range of Seventyone-percent Services and additional conditions may apply. Moreover, when you use a Seventyone-percent Service, you are also subject to the terms, guidelines and conditions applicable to this Seventyone-percent Service (the "Terms of Service"). If these General Terms and Conditions conflict with the Terms of Service, the Terms of Service will prevail.

Please read these conditions carefully before placing an order with LAMALO SA. By ordering with LAMALO SA, you notify us that you agree to be subject to these conditions.

1. HOW TO ORDER


If you want to purchase one or more products listed on the Website, you must select each product you wish to purchase and add it to your shopping cart. When you have selected all the products you want to buy, you can confirm the content of your shopping cart and place the order.



At this point you will be redirected to a page summarizing the details of the products you have selected, their price and delivery options (with delivery fees). You will then have to choose the delivery options as well as the methods of sending and paying that suit you best.

You must click on the purchase button to confirm and place your order.



After placing your order, we will send you a confirmation message. We inform you of the shipment of your articles. However, you can modify your order until the shipping date.

You agree to get electronic invoices for your purchases.



2. RIGHT OF RETENTION

The products delivered remain the property of Seventyone-percent until they are delivered to the transporter.



3. RIGHT OF WITHDRAWAL OF 15 DAYS:


LEGAL RIGHT TO CANCEL YOUR ORDER


Unless one of the exceptions listed below applies, you can withdraw your order without giving reasons within 15 days from the date you or a third party you designated (other than the transporter), physically took possession of the goods purchased (or the last good, lot or part if the contract relates to the delivery of several goods or several lots or parts delivered separately) or from the date you entered into the contract.

You must notify us (LAMALO SA - Moulin d'Yrieu 40530 LABENNE France) your decision to cancel your order



EFFECTS OF WITHDRAWAL

We will refund you all your payments that we received, including standard delivery charges (ie the lowest-priced delivery we offer) no later than 15 days from the receipt of your request for withdrawal. We will use the same payment method as the one you used on your original order, unless you specifically agree to use a different mean. In any case, this reimbursement will not incur any additional costs for you. We may postpone the refund until we have received the product (s) or until you have provided proof of shipping the product (s), whichever is the earlier. If the reimbursement occurs after the deadline mentioned above, the amount owed to you will be rightfully increased.

Please note that you must return the product (s) no later than 15 days from the date you notified us of your decision to withdraw.

You must bear the direct costs of returning the product (s). You will be responsible for the depreciation of the value of the product (s) resulting from handling (other than the necessary manipulations to establish the nature, characteristics and proper functioning of the product (s))



EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

The right of withdrawal does not apply to:

The delivery of products that can not be returned for of hygiene or health protection reasons if you have unsealed them or if these have been inseparably mixed with other items after delivery;

the delivery of products that have been made according to your specifications or clearly personalized;

the delivery of products that are likely to deteriorate quickly;

the supply of services fully executed by Seventyone-percent for which you accepted we begin their execution at the time you placed your order, and waived your right of withdrawal;


OUR RETURN WITHIN 30 DAYS POLICY 



Without prejudice to the rights granted to you by law, Seventyone-percent offers you the following return policy:



All products from the Seventyone-percent Website can be returned within 30 days after the delivery of the products by Seventyone-percent if the products are complete, intact, as new and in perfect condition. In the case of data carriers packed in plastic or sealed, we will only take them back if they are still in their plastic packaging or have not been unsealed.



If you return a product(s) in compliance with our return policy, we will refund the price you paid but not the shipping cost of your original purchase. Likewise, transportation risks and return shipping charges will be at your expense. This return policy does not affect your legal rights, including your legal right of withdrawal as described above.



You also benefit from the legal guarantees of conformity and hidden defects mentioned in article 6 of these General Terms and Conditions of Sale ("Our responsibility - Warranties").



4. PRICES AND AVAILABILITY



All prices are all French taxes included (French VAT and other applicable taxes) unless stated otherwise. 

We display the availability of the products we sell on the Website on each product information sheet. We can not give more information concerning the availability of the products than what is indicated on the said page or elsewhere on the Website. If products you ordered are found to be unavailable, we will not charge you for these products. When processing such an order, we will notify you as soon as possible by e-mail using the address associated with your subscription.

Despite all our efforts, a few of the products in our catalog may display a price error. When processing your order and before any payment, we will check the price. If it turned out that we made a price mistake, and that the actual price were higher than the price displayed on the Website, we would contact you to ask you if you want to purchase the product at its actual price or if you prefer to cancel your order.


5. CUSTOMS



When ordering products on Seventyone-percent to be delivered outside the European Union, you may be subject to import duties and taxes. These are collected when the package arrives at its destination. Any additional customs clearance fees will be charged to you; we have no control over these charges. Customs policies vary greatly from one country to another, so you should contact the local customs office for more information. Please note that when you place an order with Seventyone-percent you are considered the official importer and that you must comply with all laws and regulations of the country in which you receive the products. The protection of your privacy is important to us. In this way, we draw the attention of our international customers to the fact that cross-border deliveries are likely to be opened and inspected by customs authorities.


6. OUR RESPONSIBILITY - WARRANTIES


You benefit from the legal guarantee of conformity according to the conditions stated in articles L.217-4 and following articles from the French code of consumption. You also benefit from the guarantee of hidden defects in the conditions stipulated in articles 1641 and following of the Civil Code.



When you act under legal warranty of conformity:


you benefit from two years to act after the delivery of the good.

you can choose between the repair or the replacement of the good, subject to the cost conditions provided for by article L.217-9 of the French Consumer Code.

for products purchased until March 17, 2016 at 23:59:59, you don't need to prove the lack of conformity of the goods during the six (6) months following the delivery of the goods.

for any product purchased from midnight on March 18, 2016, you don't need to prove the non-conformity of the good for the twenty-four (24) months following its delivery except for second-hand products. For these, you don't need to provide a proof of the non-conformity of the product only during the six (6) months following its delivery.


The legal warranty of conformity applies regardless of the commercial warranty that was possibly granted.



You can decide to implement the guarantee of hidden defects within the meaning of article 1641 of the Civil Code. In this case, you can choose between having the price reduced appropriately or the rescission of the contract (article 1644 of the Civil Code).



Except for deliveries in France, we decline all responsibility if the article delivered does not respect the legislation of the country of delivery.



We commit to take all the steps necessary to ensure professional customer service. However, our liability could not be held in the event of delay or failure with our contractual obligations if the delay or failure is due to a cause outside our control: unforseeable event or in the event of force majeure as defined by the applicable law.



Our responsibility will not be engaged in case of delay due to a shortage of stock at the publisher or at the supplier. In addition, we will not be held liable for any minor differences between the photos used for the presentation of the articles, the texts posted on the Seventyone-percent website and the products delivered.



We stack all the odds in our favour to provide the services covered by these General Conditions of Sale. We are liable for any direct and foreseeable damage at the time of using the Website or the conclusion of the sales contract between us and you. When it comes to our relationships with professionals, we will not be liable for any loss of net profit, loss of business, loss of data or loss of profits or any other indirect damage that was unforeseeable at the time of use of The Website or at the time of the conclusion of the sales contract between us and you.



The limitation of liability referred to above is inapplicable in the event of wilful misrepresentation or gross negligence on our part, in case of personal injury or liability due to defective products, in case of eviction and in case of non-compliance (including due to hidden defects).



7. APPLICABLE LAW



These Conditions of use are subject to French law. Also, the application of the Vienna Convention on Contracts for the International Sale of Goods is expressly excluded. You and us agree to submit all disputes arising out of the commercial between you and us to the non-exclusive jurisdiction of the French courts, which means that to apply these General Conditions of Sale, you may bring an action to enforce your consumer rights, in France or in the country of the European Union in which you reside. The European Commission provides an online platform for dispute resolution, which you can access here http://ec.europa.eu/consumers/odr/. If you want to draw our attention to a subject, please contact us by e-mail at infos@seventyone-percent.com



8. MODIFICATION OF THE SERVICE OR GENERAL CONDITIONS OF SALE



We reserve the right to make changes to our Website, our procedures, and our terms and conditions, including these General Terms and Conditions of sale at any time. You are subject to the terms and conditions, procedures and General Conditions of Sale in effect at the time you order us a product unless a change to these terms and conditions or these General Terms and Conditions of Sale is required by an administrative or governmental authority (In this case, this change may apply to previous orders you made). If any stipulation of these conditions of use is deemed invalid, null, or unenforceable for any reason whatsoever, such stipulation will  be deemed divisible and will not affect the validity and enforceability of any remaining stipulation.


9. RENUNCIATION

If you transgress these General Terms and Conditions of sale and we do not take any action, we will always be entitled to use our rights and remedies in all other situations where you transgress these General Terms and Conditions of sale.



10. MINORS

Minors are allowed to purchase products on our site under the supervision of a parent or guardian.



12. IDENTIFICATION


Seventyone-percent is a trademark used by LAMALO SA. Our contact information is as follows:

SEVENTYONE-PERCENT FRANCE

LAMALO SA - Moulin d'Yrieu 40530 LABENNE France
Registered in France.
Share capital: 169,882.00 €
France RCS DAX 512 941 345
Intracommunity VAT number: FR425 12941345