Terms and Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE

 

Last updated: May 26, 2017.

Welcome to www.seventyone-percent.com.

LAMALO SA and/or its affiliates ("Seventyone-percent") provide website features and other products and services when you visit or shop on the website www.Seventyone-percent.com (the "Website"), use Seventyone-percent products and services or use software provided by Seventyone-percent in connection with any of the foregoing (collectively, the "Seventyone-percent Services"). Seventyone-percent provides Seventyone-percent Services subject to the conditions set forth on this page.

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

Please read these terms carefully before placing an order with LAMALO SA. By ordering with LAMALO SA, you agree to be bound by these terms.

1. HOW TO ORDER

If you wish to purchase one or more product(s) listed on the Website, you must select each product you wish to purchase and add it to your shopping cart. Once you have selected all the products you wish to purchase, you can confirm the contents of your cart and place the order.

At this stage, you will be redirected to a page summarizing the details of the products you have selected, their price and delivery options (with the corresponding delivery costs). You will then need to choose the delivery options as well as the shipping and payment methods that best suit you.

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

After you place your order, we will send you a confirmation message. We will inform you when your items are shipped. However, you have the option to modify your order until the shipping date of your items.

You agree to receive invoices for your purchases electronically.

2. RIGHT OF RETENTION

Delivered products remain the property of Seventyone-percent until they are handed over to the carrier.

3. 15-DAY RIGHT OF WITHDRAWAL:

LEGAL RIGHT OF WITHDRAWAL

Unless one of the exceptions listed below applies, you may withdraw from your order without giving any reason within 15 days from the date on which you, or a third party designated by you (other than the carrier), physically took possession of the purchased goods (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 on which you entered into the contract.

You must notify us (LAMALO SA – Moulin d’Yrieu 40530 LABENNE France) of your decision to withdraw from your order. You can submit your request directly via our contact form.

To meet the withdrawal deadline, you just need to send your withdrawal request before the 14-day period expires and return your product.

For any additional information on the scope, content and instructions for exercising your right of withdrawal, please contact us by email at infos@seventyone-percent.com

EFFECTS OF WITHDRAWAL

We will refund all payments received from you, including standard delivery costs (i.e., corresponding to the least expensive delivery we offer) no later than 15 days from receipt of your withdrawal request. We will use the same payment method as you used for your initial order, unless you expressly agree otherwise. In any event, this refund will not incur any additional costs for you. We may defer the refund until we have received the product(s) or until you have provided proof of shipment of the product(s), the date retained being the earlier of these facts. If the refund occurs after the deadline mentioned above, the amount due to you will be increased automatically.

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 any depreciation in the value of the product(s) resulting from handling (other than that necessary to establish the nature, characteristics and proper functioning of such product(s)).

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

•The right of withdrawal does not apply to:

othe delivery of products that cannot be returned for hygiene or health protection reasons, if you have unsealed them or if, after delivery, they have been inseparably mixed with other items;

othe delivery of products made to your specifications or clearly personalized;

othe supply of products liable to deteriorate rapidly;

othe supply of services fully executed by Seventyone-percent for which you have agreed at the time of placing your order that we would begin their execution, and waived your right of withdrawal;

OUR 30-DAY RETURN POLICY

Without prejudice to your legal rights, Seventyone-percent offers the following return policy:

All products from the Seventyone-percent website can be returned within 30 days of receipt of the products by Seventyone-percent if the products are complete and in new and undamaged condition. For plastic-wrapped or sealed data media, we will only accept them if they are still in their plastic packaging or have not been unsealed.

If you return product(s) in accordance with our return policy, we will refund the price you paid but not the delivery costs of your initial purchase. Similarly, the risks associated with transport and the return delivery costs will be at your expense. This return policy does not affect your legal rights, including your legal right of withdrawal 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 liability - Guarantees").

4. PRICE AND AVAILABILITY

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

We display the availability of the products we sell on the Website on each product page. We cannot provide more precision regarding the availability of products than what is indicated on said page or elsewhere on the Website. When processing your order, we will inform you as soon as possible by email using the address associated with your subscription if any products you ordered turn out to be unavailable, and we will not charge you for these products.

Despite all our efforts, a small number of products in our catalog may show a pricing error. We will verify the price at the time of processing your order and before any payment. If we have made an error in displaying the price, and the actual price is higher than the price displayed on the Website, we may contact you to ask if you wish to purchase the product at its actual price or if you prefer to cancel your order. If the actual price is lower than the displayed price, we will charge you the lower amount and send you the product.

5. CUSTOMS

When you order products from Seventyone-percent for delivery outside the European Union, you may be subject to import duties and taxes, which are levied when the package reaches its destination. Any additional customs clearance charges will be your responsibility; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for more information. Furthermore, please note that when you place an order on Seventyone-percent, you are considered the official importer and must comply with all laws and regulations of the country in which you receive the products. Your privacy is important to us and we draw the attention of our international customers to the fact that cross-border deliveries are subject to opening and inspection by customs authorities.

6. OUR LIABILITY - WARRANTIES

You benefit from the legal guarantee of conformity under the conditions of articles L.217-4 et seq. of the Consumer Code and the guarantee of hidden defects under the conditions provided for in articles 1641 et seq. of the Civil Code.

When you act under the legal guarantee of conformity,

•you have a period of two years from the delivery of the goods to act;

•you can choose between repair or replacement of the goods, subject to the cost conditions provided for in article L.217-9 of the Consumer Code;

•for any product purchased until March 17, 2016 at 23:59:59, you are exempted from proving the existence of the lack of conformity of the goods during the six (6) months following the delivery of the goods;

•for any product purchased from March 18, 2016 at midnight, you are exempted from proving the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods, except for second-hand goods for which you are exempted from proving the existence of the lack of conformity of the goods only during the six (6) months following the delivery of the goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

You may decide to implement the guarantee against hidden defects within the meaning of article 1641 of the Civil Code. In this case, you can choose between rescission of the sale or a reduction in the selling price (article 1644 of the Civil Code).

Except for deliveries in France, we decline all responsibility in the event that the delivered item does not comply with the legislation of the country of delivery.

We undertake to take all reasonable care customary in the profession for the implementation of the service offered to the client. Nevertheless, our liability cannot be engaged in case of delay or failure to fulfill our contractual obligations if the delay or failure is due to a cause beyond our control: unforeseen event or force majeure as defined by applicable law.

Our liability will not be engaged in case of delay due to a stock shortage at the publisher or supplier. Furthermore, our liability will not be engaged in case of minor differences between the presentation photos of the items and the texts displayed on the Seventyone-percent Website, and the delivered products.

We use all means at our disposal to ensure the services covered by these General Terms and Conditions of Sale. We are responsible for any direct and foreseeable damage at the time of the use of the Website or the conclusion of the sales contract between us and you. In the context of our relations with professionals, we incur no liability for loss of profits, commercial losses, loss of data or loss of earnings or any other indirect damage or which was not foreseeable at the time of the use of the Website or the conclusion of the sales contract between us and you.

The limitation of liability referred to above is inapplicable in cases of fraud or gross negligence on our part, in cases of personal injury or liability for defective products, in cases of eviction and in cases of non-conformity (including due to hidden defects).

7. GOVERNING LAW

These Terms of Use are governed by French law, and the application of the Vienna Convention on Contracts for the International Sale of Goods is expressly excluded. You, like us, agree to submit all disputes arising from the commercial relationship existing between you and us to the non-exclusive jurisdiction of the French courts, which means that for the application of these General Terms and Conditions of Sale, you can bring an action to assert your consumer rights, in France or in the country of the European Union in which you reside.

The European Commission provides an online dispute resolution platform which you can access here: http://ec.europa.eu/consumers/odr/. If you wish to draw our attention to a subject, please contact us electronically at infos@seventyone-percent.com

8. AMENDMENT OF THE SERVICE OR THE GENERAL TERMS AND 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 Terms and Conditions of Sale in force at the time you order a product from us, 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 which case, this modification may apply to previous orders you have placed). If any of the provisions of these General Terms and Conditions of Sale are deemed invalid, void or unenforceable for any reason, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

9. WAIVER

If you breach these General Terms and Conditions of Sale and we take no action, we would still be entitled to use our rights and remedies in all other situations where you violate these General Terms and Conditions of Sale.

10. MINORS

Minors are authorized 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