TERMS OF SALES
Date of last update of the General Conditions of Sale: 11/10/2017
It is hereby specified that the present conditions exclusively govern sales under the trade name "LSGIFTS&FASHION" on the website https://lsgiftsandfashion.com of household electrical goods, HIFI, sound, video, digital products, computer products and tableware. These products are sold new to customers for their personal use.
Article 1 - Acceptance of the General Conditions of Sale
The customer declares to have read and accepted the present general conditions of sale before the placing of his order. Validation of the order is therefore acceptance of these terms and conditions of sale. Unless proven otherwise, the data recorded by LSGIFTS&FASHION constitutes proof of all transactions made by LSGIFTS&FASHION and the customer.
Article 2 - Order
The customer fulfills under his sole responsibility the order form on line by specifying the references of the selected products and their quantity. The customer will also specify his name (or possibly his customer number) and the delivery address.
The customer is required to specify on the order form any special circumstances related to the delivery address likely to complicate the delivery of the ordered product (example: delivery on site not accessible to vehicles, stairwells and / or narrow elevators for bulky products ...) or to impact the delivery times envisaged in article 6 below (closing of the city center ...). In this case, LSGIFTS&FASHION reserves the right to contact the customer to define the delivery possibilities of the product and possibly decide to cancel the order.
When ordering, the customer will give LSGIFTS&FASHION his telephone number. The customer is informed that he has the right to register on the list of opposition to canvassing telephone (BLOCTEL).
In case of impossibility of delivery on the due date due to special circumstances not specified by the customer during the order, absence of the customer on the date of the appointment or during the time slot agreed with the carrier the day before appointment (see article 6 on the progress of the delivery), LSGIFTS&FASHION reserves the right to postpone or cancel the order and / or delivery. All costs related to the postponement, the cancellation of the order or the organization of a new delivery will be the sole responsibility of the customer. In the event of a mistake, LSGIFTS&FASHION can not be held responsible for the consequences in terms of delay or impossibility of delivery and / or withdrawal.
All costs related to the reshipment or the organization of a new delivery of the products due to a mistake of seizure of the customer will be the exclusive responsibility of the customer. The customer can also opt when ordering for a withdrawal of the product in store or point withdrawal in the conditions described in Article 8 below. The customer can check the details of his order and the total price before sending it to LSGIFTS&FASHION. The customer has the possibility to modify or cancel his order before sending it to LSGIFTS&FASHION. LSGIFTS&FASHION will acknowledge receipt of the order by sending the customer an email, according to his choice to the address on the order form. The order will only be considered valid after the first debit of the bank account of the customer in case of payment by credit card on the Site or bank transfer or after cashing the check in case of payment by check. LSGIFTS&FASHION reserves the right to refuse an order if a payment dispute is in progress with the customer or if the customer has not settled an order in progress. The contractual information will be the subject of a written confirmation sent at the latest at the time of the delivery of the product.
Article 3 - Availability
Product and price offers are valid as long as they are visible on the Site and within the limits of available stocks. Each product is accompanied by a description sheet prepared by the manufacturer. In the event of unavailability of product after placing the order, the customer will be informed by email or phone at his choice at the coordinates indicated on the order form. LSGIFTS&FASHION may offer the customer a similar product at the same price.
If the customer refuses the substitute product, he can cancel his order by sending an email to LSGIFTS&FASHION via firstname.lastname@example.org. If the customer's bank account has been debited, LSGIFTS&FASHION will send a check to the customer. The customer will be refunded within a maximum period of 14 days from the payment of the sums he has paid.
Article 4 - Products
The customer is informed that for technical reasons (color difference related to the quality of the computer and / or printer, size difference due to a visual effect related to the photo ...) differences can exist between the photos of the products appearing on the Site, the products themselves (color, size ...). The customer is invited to refer to the description of each product to know the characteristics.
Article 5 - Price
The prices of our products are indicated on the Website in euros, all taxes included, including eco-tax, excluding the cost of processing and shipping (see Article 6 Delivery / time and costs). Will be billed, without margin or remission, in addition to the sale price, the tax related to the recovery and the elimination of the waste of electrical and electronic equipment resulting from the decree of July 20, 2005. The tax will be invoiced at the rate in force at the day of the delivery of the product, including if this tax varies between the date of order and the date of delivery. The customer is informed of the costs of processing the order and delivery charges when ordering on the Site.
The delivery of the product to the customer's home does not include any installation and commissioning of the product.
LSGIFTS&FASHION reserves the right to modify its prices at any time but the product will be invoiced to the customer on the basis of the tariff in force at the time of its validation of order. The product remains the property of LSGIFTS&FASHION until full payment is received by LSGIFTS&FASHION.
Article 6 - Delivery / Deadlines
Products purchased on the Site and for which the customer has opted in his order for a home delivery service are only delivered in metropolitan France (excluding Corsica and all island deliveries for which means of delivery specific requirements are needed) and in Monaco. The delivery terms of the products are described below; the customer is informed that LSGIFTS&FASHION reserves the right to choose the most suitable mode of transport according to the nature of the product, its weight and its volume.
The customer is reminded that he must specify when ordering any special circumstances related to the delivery address may complicate the delivery of the product (example: delivery on site not accessible to vehicles, stairwells and / or lifts narrow ...) or impact the delivery deadlines provided below (see provisions of Article 2 above). If LSGIFTS&FASHION has not been informed of these particular circumstances when ordering, LSGIFTS&FASHION reserves the right to cancel the order or to charge additional shipping costs necessary for the proper routing of the product (passage through the window, climb on the floor by exceptional means: elevators, crane, additional deliverers or other adapted means ...).
The customer chooses when ordering one of the following delivery methods:
Delivery "classic" at home by DDP or GLS: delivery within 3 to 5 days (excluding Sunday and holidays) to the delivery address chosen after validation of the order. In case of absence, the parcel remains available at the post office for 15 working days. After this period, the package is returned to LSGIFTS&FASHION, the customer will then pay the shipping costs again so that the product is forwarded.
Delivery "express" at home by UPS: delivery within 24 to 48 hours (excluding weekends and holidays) to the delivery address chosen after validation of the order. In case of absence, the parcel remains available at UPS for 8 working days. After this period, the package is returned to LSGIFTS&FASHION, the customer must pay the shipping costs again so that the product is forwarded.
These deadlines are only indicative deadlines corresponding to the services used. In any case, the customer may cancel the order under the conditions described below if the product is not delivered within 30 working days after the date of validation of the order. The delivery time will be considered respected during the first presentation of the product to the address indicated by the customer when ordering. In case of absence on the date of agreed appointment and time slot, not modifiable, agreed with the carrier the day before the appointment, the customer will be responsible for recovering the product from the relevant services or to fulfill expenses inherent to a new presentation of the product. LSGIFTS&FASHION can not be responsible for late delivery due to unavailability of the customer during the time slot agreed with the customer the day before the date of appointment.
The costs associated with each of the services are different. Information on the costs associated with the various delivery services will be available when ordering. The customer is informed of these costs when placing an order. The customer can at any time during his order change the choice of delivery service.
Cancellation of the order :
Delivery times can not exceed 30 working days after the date of validation of the order. If the product is not delivered to the customer on this date and this delay is not due to the customer, the customer will be entitled to resolve the contract eight (8) days after the receipt by LSGIFTS&FASHION, a bet in default addressed by registered letter with AR, to BIO ENERGY MAT, to the service Orders, 66 AVENUE DES CHAMPS ELYSEES - 75008 PARIS, remained unsuccessful. The sums paid will then be returned to the customer, without doubling, within fourteen (14) days of the termination of the contract. The above provisions are not applicable in case of occurrence of force majeure or fortuitous event.
Article 7 - Verification of packages on delivery
The customer must check carefully the delivery of the product all visible damage. In case of visible damage (for example: damaged parcel, already opened, missing parcels ...), the customer will have to refuse the product or accept it with reserve. The customer is informed that the reserves must be made immediately with the carrier with precision directly on the delivery note, any general reserve of the type "subject to unpacking, packaging intact" having no value. The reservations must be precise and describe the damage (s) suffered by the product. If the carrier refuses to assist in the unpacking of the product, it must be stated on the delivery note "the driver has refused to attend the unpacking of the product". The customer is informed that the absence of reservations written on the delivery note is presumption of correct delivery of the product. LSGIFTS&FASHION must be informed by the customer of the lack of conformity by email sent via email@example.com within 24 hours of delivery or delivery (or refusal of delivery or delivery) of the product. It is advisable to the customer to confirm the refusal of the parcel or the reserves at the latest within 3 working days of the delivery by registered letter with acknowledgment of receipt to the carrier (or services concerned) with copy by simple mail to BIO ENERGY MAT to the service Orders , 66 AVENUE DES CHAMPS ELYSEES - 75008 PARIS.
Article 8 - Payment
The payment of a product on the Site can be made:
Or by credit card: Visa, MasterCard directly on the Site by completing the order form by following the specific instructions and then by paying by the secure transaction site. Payments by credit card are subject to an automatic anti-fraud control, LSGIFTS&FASHION reserves the right to cancel orders subject to validity of these checks.
Either by bank transfer specifying your order number in wording, the RIB is available in the section "Payment by transfer of the Site".
Paypal payment: if the customer already has a PayPal account, he can use it and pay his order safely without disclosing his bank details.
Article 9 - Right of withdrawal, return and refund
In accordance with the legal provisions in force, the customer may exercise his right of withdrawal from LSGIFTS&FASHION once his order validated by LSGIFTS&FASHION and up to fourteen (14) days after the delivery of the product without having to justify reasons or to pay penalty. To exercise the right of withdrawal, the customer must notify LSGIFTS&FASHION by email via the firstname.lastname@example.org its decision to withdraw from this contract by means of a declaration devoid of 'ambiguity. If the customer uses the email@example.com to notify LSGIFTS&FASHION the exercise of his right of withdrawal, LSGIFTS&FASHION will send him an immediate acknowledgment of receipt of the withdrawal by email .
For the withdrawal period to be respected, it is sufficient that the customer transmits his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
In case of exercise of the right of withdrawal within the above-mentioned period, only the price of the product (s) purchased and shipping costs will be refunded to the customer, the direct return costs remaining the responsibility of the customer.
LSGIFTS&FASHION will inform the customer by e-mail or telephone of the terms of sending or recovery of the product. If the product must be returned by the customer, without undue delay and, in any event, no later than fourteen (14) days after the customer has communicated its decision to withdraw from this contract. This period is deemed to be respected if the customer returns the product before the expiry of the fourteen (14) day period.
Bulky products (over 20 kg) or bulky goods will be systematically picked up by a carrier chosen by LSGIFTS&FASHION at the customer's address indicated on the order form. These costs are estimated at a maximum of approximately 131.82 euros per piece. The customer will be informed in advance of the cost of the return of the product. This cost will be deducted from the amounts reimbursed to the customer under his right of withdrawal. The customer is entitled to ask any justification to LSGIFTS&FASHION regarding the cost of this recovery. The product must be returned or recovered by LSGIFTS&FASHION in its original and complete condition (packaging, accessories, instructions ...), clean, and under conditions allowing its re-marketing in new condition. The customer must attach to the returned product the copy of the purchase invoice.
Dirty products, in poor condition or incomplete are not included.
In accordance with current regulations, the right of withdrawal can not be exercised for audio recordings, video or computer software unsealed by the customer, it is the same for multimedia products subject to registration of license (GPS / computers / tablets PC). The customer can operate the product to establish the nature, characteristics and proper functioning of the product. However, the responsibility of the customer may be engaged in case of depreciation of the product not resulting from normal use of the product. Similarly, for reasons of hygiene or health, the customer may not exercise his right of withdrawal for textile products of the type (bed linen) that he has opened, the products related to the care and hygiene razors, hair clippers, epilators, hair dryers, dental hygiene products that have been opened, as well as for products that the customer has come into contact with food products, such as kitchen utensils, robots and kitchen appliances, dishes, ovens, coffee machines.
The customer will be refunded the full amount paid (net of return charges) no later than fourteen (14) days from the date that LSGIFTS&FASHION will be informed of the customer's decision to exercise his / her withdrawal. If the product is returned by the customer, LSGIFTS&FASHION will postpone the refund until LSGIFTS&FASHION has received the product, whichever is the earlier. The customer will be refunded by credit card or paypal, unless otherwise agreed with the customer.
Article 10 - Security
The Site is subject to a security system that uses the Secure Socket Layer (SSL) security protocol to encrypt the customer's banking information. The information on the security system is described in the "Legal Information" section of the Site. Any unpaid due to the fraudulent use of a credit card will result in the registration of the coordinates in connection with the order to the payment incident file.
Article 11 - Password Management
LSGIFTS&FASHION will send the customer a password to access his account. This password is personal and confidential. The customer is solely responsible for the use and confidentiality of this password. LSGIFTS&FASHION excludes all liability in case of fraudulent use of this password.
Article 12 - Intellectual Property
All texts, comments, works, illustrations, works and images reproduced or represented on the Site are strictly reserved to LSGIFTS&FASHION under copyright as well as intellectual property rights and for the whole world. Any reproduction or total or partial representation of the Site or all or part of the elements found on the Site is strictly prohibited.
Article 13 - Liability
The products offered comply with the French legislation in force and the standards applicable in France. Responsibility for LSGIFTS&FASHION can not be held liable for the importation of a product purchased on the Site in a third country. It is the customer's responsibility to check with the local authorities the possibility of importing or using the product purchased on the Site and to comply with applicable regulations.
The customer is invited to refer to the description of each product to know the specific characteristics. To the extent that LSGIFTS&FASHION excludes all sales to professionals, LSGIFTS&FASHION will not incur any liability for any consequential damages as a result of this, business interruption, loss of profit, loss of opportunity, loss of data and files, which could occur as a result of the purchase of a product on the Site.
Article 14 - Force majeure
LSGIFTS&FASHION can not be held responsible for any breach of its obligations in case of force majeure.
Article 15 - Non-conformity of a product on delivery
15.1 Non-conformity of the product to the customer's order
If the product delivered to the customer does not correspond to the ordered product, the customer can either refuse the delivery or delivery specifying on the delivery note the causes of the refusal, or accept the delivery and inform LSGIFTS&FASHION of the non-compliance of the product at his command. LSGIFTS&FASHION must be informed by the customer of the lack of conformity by email via the firstname.lastname@example.org within 24 hours of delivery (refusal of delivery) of the product. The customer must specify in this email whether or not he has accepted the delivery of the product, the references of the product ordered and the product delivered (reference number). LSGIFTS&FASHION undertakes to make its choice to replace the product or its refund, at no cost to the customer. If the product has been accepted by the customer, LSGIFTS&FASHION will specify by email or telephone the conditions of return of the non-compliant product. Any return of a product by the customer will be subject to the prior information of LSGIFTS&FASHION. A return number will be assigned by LSGIFTS&FASHION to the customer. The non-conforming product must be returned or recovered by LSGIFTS&FASHION in the state where it was received, clean in its original packaging with all the elements and accessories delivered (instructions for use, various accessories ...) .
The customer must also specify in writing the return number assigned by LSGIFTS&FASHION. LSGIFTS&FASHION will not refund or replace the non-conforming product until the product has been returned to LSGIFTS&FASHION. The return costs that the customer could incur for the return of a non-compliant product will be reimbursed to the customer by LSGIFTS&FASHION upon presentation of the receipts. The refund will be made within a maximum period of 14 days from the return of the non-conforming product by check sent to the customer to the address on the order form or by crediting the customer's account.
15.2 Delivery or delivery of a damaged product
If the product is damaged during its delivery, the customer must either refuse the delivery by specifying on the delivery note the causes of the refusal, or accept the delivery but by specifying precisely on the delivery note written reservations (description of damage recorded). The customer will have to inform LSGIFTS&FASHION of the refusal of delivery or the lack of conformity to the delivery by sending an email via the email@example.com. This email must be sent to LSGIFTS&FASHION within 24 hours of delivery or delivery (or refusal of delivery or delivery) of the product. The customer must specify in this email the product concerned (reference number) and the causes of the refusal of delivery (or delivery) or claim. LSGIFTS&FASHION then undertakes to make its choice to replace the product or its refund, at no cost to the customer.
The customer is informed that when the product is delivered by carrier, it is necessary for the customer to comply with the procedure described in Article 7, namely the formulation of reservations written on the carrier's delivery note and confirmation with LSGIFTS&FASHION of the refusal of the delivery or the lack of conformity to the delivery within the 24 working hours as from the refusal of delivery or the nonconforming delivery. LSGIFTS&FASHION will specify to the customer by email or telephone the conditions of return of the damaged product . Any return of a product by the customer will be subject to the prior information of LSGIFTS&FASHION. A return number will be assigned by LSGIFTS&FASHION to the customer. The damaged product must be returned or recovered by LSGIFTS&FASHION in the state where it was received, clean, in its original packaging with all the elements and accessories delivered (instructions for use, various accessories ...) . The customer must also specify in writing the return number assigned by LSGIFTS&FASHION. LSGIFTS&FASHION will only refund or replace the damaged product once the product has been returned to LSGIFTS&FASHION. The return costs that the customer could incur for the return of a damaged product will be refunded to the customer by LSGIFTS&FASHION upon presentation of the receipts. The refund will be made within a maximum period of 14 days from the return of the damaged product by check sent to the customer to the address on the order form or by crediting the customer's account. Any other defects in the product will be covered by the commercial guarantee and / or the legal warranty, as specified in articles 17, 18 and 19 below.
Article 16 - Commercial Guarantee
The product purchased on the Site may be covered by a commercial guarantee from the manufacturer. This is indicated on the product article sheet presented on the Website and available from LSGIFTS&FASHION on request via the firstname.lastname@example.org. The period of availability of spare parts will also be specified on the article sheet of the product and confirmed to the customer by a written mention on the invoice sent to him at the time of purchase.
To make the commercial guarantee effective, it is the customer's responsibility to contact the manufacturer's customer service directly as specified on the product sheet. The customer may also request any information from LSGIFTS&FASHION by sending an email via email@example.com.
In any case, LSGIFTS&FASHION remains bound by the provisions of Articles 1641 to 1649 of the French Civil Code and Articles L217-4, L217-5 and L217-12 of the French Consumer Code which will be reproduced below.
To benefit from the commercial guarantee, it is imperative to keep the invoice for the purchase of the product as well as all the accessories of the product.
The replacement of consumables (batteries, bulbs, fuses, antennas, headphones of players, microphones, wear of the heads of recording or reading ...),
Abnormal or improper use of the product. In this respect, the customer is invited to read carefully the instructions for use supplied with the product,
Faults related to accessories (power cables ...),
Defects and their consequences due to the intervention of a repairer not authorized by the manufacturer of the product,
The defects and their consequences related to the non-conforming use for which the product is intended (professional, collective use ...),
Defects and their consequences related to any external cause.
The commercial guarantee can only be applied to products that are clean and hygienic and do not have any stains.
In case of defective product, and if said product is no longer available, the manufacturer may propose to the customer as a replacement a similar model.
Article 17 - Legal guarantee of conformity
Notwithstanding the provisions relating to the commercial guarantee above, LSGIFTS&FASHION applies in any event the provisions of the legal warranty of conformity of the product to the contract under the conditions of article L211-4 and following of the code of consumption. In order to assert his rights under the legal guarantee of conformity (article 18) or against the hidden defects of the thing sold (article 19), the customer must address his complaint to LSGIFTS&FASHION, 66 AVENUE OF CHAMPS ELYSEES - 75008 PARIS .
The customer has a period of two (2) years from the issue of the product to act.
The customer can choose between the repair or the replacement of the product, subject to the conditions of cost envisaged by the article L217-9 of the code of consumption.
The customer is exempted from providing proof of the lack of conformity of the product during the twenty-four (24) months following the delivery of the product.
Article L.217-4 of the French Consumer Code: "The seller delivers a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.It also answers the lack of conformity resulting from the packaging, the assembly instructions. or the installation when it was charged to him by the contract or was carried out under his responsibility "
Article L. 217-5 of the Consumer Code: "The property conforms to the contract:
1 ° If it is fit for the customary use of a similar good and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that he presented to the buyer in the form of a sample or a model
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling.
2 ° Or if it has the characteristics defined by mutual agreement by the parties, or is suitable for any special use sought by the buyer, made known to the seller and the latter has accepted. "
Article L217-9 of the Consumer Code: "In case of lack of conformity, the buyer chooses between the repair and replacement of the property". However, the seller may not proceed according to the choice of the buyer if this choice entails a clearly disproportionate cost in relation to the other modality, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.
Article L. 217-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article 18 - Legal guarantee of hidden defects
Notwithstanding the provisions of the commercial guarantee, the customer can also decide to implement the guarantee against hidden defects within the meaning of article 1641 and following of the civil code. In this case, the customer can choose between the resolution of the sale or a reduction of the price in accordance with article 1644 of the civil code.
Article 1641 of the Civil Code: "The seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which reduce such use so much that the buyer would not have not acquired, or would have given a lower price, if he had known them.
Article 1644 of the Civil Code: "the buyer has the choice to return the thing and to be refunded the price, or to keep the thing and get a part of the price, as it will be arbitrated by experts.
Article 1648 paragraph 1 of the Civil Code: "The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect."
In order to assert his rights under the legal guarantee of conformity or against the hidden defects of the thing sold, the customer must under penalty of losing his rights, return to the Site a Product in a good state of cleanliness and hygiene and not presenting no tasks.
Article 19 - Environment
For any purchase of a new product subject to the provisions of the decree of 20 July 2005 (WEEE regulations), the customer may:
Deposit in the selective collection points set up by the municipalities for the treatment of waste electrical and electronic equipment or local waste.
Article 20 - Applicable Law - Litigation
This agreement is subject to French law. However, the customer, consumer, can not be deprived of the protection provided by the provisions made by a Member State of the European Union pursuant to Directive 2011/83 / EU of the European Parliament and of the Council of 25 October 2011 on Consumer Rights, amending Council Directive 93/13 / EEC and Directive 1999/44 / EC of the European Parliament and of the Council and repealing Council Directive 85/577 / EEC and Directive 97/7 / EC of the European Parliament and the Council, where the distance or off-premises contract has a close link with the territory of that State.
In the event of a dispute between LSGIFTS&FASHION and professionals and / or traders, the courts of Paris (France) shall have exclusive jurisdiction, including in the event of summary proceedings and warranty claims and notwithstanding the plurality of defendants.
In the event of dispute, the customer may resort to the procedure of conventional mediation or any other alternative method of dispute settlement under the conditions of Article 1528 et seq. Of the Code of Civil Procedure
In accordance with Article L 612-1 of the French Consumer Code, the customer can make free use of the MEDYCIS mediation service, electronically: www.medicys.fr, or by post: MEDICYS- Center for Mediation and Amicable Settlement bailiffs, 73, Boulevard de Clichy, 75009 - Paris, for all claims related to a purchase during the last 12 months that have already been appealed to the customer service of LSGIFTS&FASHION.
Article 21- Customer Service
21.1 Customer service before order
For any information or question about a product before order, the Customer Service of LSGIFTS&FASHION is available to the customer:
- by Retraction form
- by post to the following address for any complaint or request for information:
BIO ENERGY MAT
66 AVENUE DES CHAMPS ELYSEES - 75008 PARIS
For any mailing to customer service or LSGIFTS&FASHION customer service and in order to better handle the customer's request, it is advisable to use the contact form.
21.2 Customer service after order
For any information or question relating to the execution of an order or the guarantee, the Customer Service of LSGIFTS&FASHION is at the disposal of the customer:
- by the contact form
- by post to the following address for any complaint or request for information:
66 AVENUE DES CHAMPS ELYSEES - 75008 PARIS
For any mailing to customer service or LSGIFTS&FASHION customer service and in order to better handle the customer's request, it is advisable to use the contact form via the website.