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.
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 email@example.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.
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.
Minors are allowed to purchase products on our site under the supervision of a parent or guardian.
Seventyone-percent is a trademark used by LAMALO SA. Our contact information is as follows:
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