Terms and Conditions of Sale (TCS)
LAGA Paris TERMS AND CONDITIONS OF SALE
ARTICLE 1. ACCEPTANCE - ENFORCEABILITY
These General Terms and Conditions of Sale (GTC) apply as of right to all sales of products (hereinafter "Products") concluded by the company LAGA Eyewear (hereinafter "LAGA Paris") whose contact details are listed in Article 2, on the website www.lagaeyewear.com (hereinafter "the Site"), to any non-professional buyer (hereinafter "the Customer"). By placing an order on the Site, the Customer agrees to these GTC, acknowledges having full knowledge of them and therefore waives the right to rely on any contradictory document. No document other than these GTC may create obligations for the parties or derogate from these GTC unless it is the subject of a written agreement signed by the parties. The GTC are accessible at any time on the Site and will prevail, if applicable, over any previous version or any other contradictory document. The Customer may request that the GTC be sent to them by LAGA Paris via email. They may also save, print or copy them, it being specified that the saving, printing or copying of this document is their sole responsibility, as these GTC may be subject to modifications. Modifications to these GTC are enforceable against Customers from the date of their online publication and apply to transactions concluded after their online publication.
ARTICLE 2. PRE-CONTRACTUAL INFORMATION
LAGA Eyewear (LAGA Paris) is a simplified joint stock company with a capital of €10,000, whose registered office is located at 231 rue Saint-Honoré 75001 PARIS, registered with the Romans Trade and Companies Register under number 941 428 427. It can be contacted by mail at the address above, as well as by email or telephone at the contact details provided on its website.
The Customer acknowledges having received, prior to placing their order and concluding the contract, in a legible and understandable manner, these GTC and all the following information: the essential characteristics of the Products; the price of the Product and shipping costs; the delivery time; information relating to the identity of LAGA Paris, its postal, telephone and electronic contact details and its activities; information relating to the right of withdrawal, legal guarantees; the possibility of resorting to a consumer mediator.
ARTICLE 3. ORDERS
3.1. Browsing the Site. The Customer can view the different Products offered for sale by LAGA Paris on its Site and freely browse the different pages of the Site, without being bound by an order.
3.2. Registering an order. If the Customer wishes to place an order, they will choose the different Products they are interested in, and express this interest by clicking on the "Add to cart" icon. On the website, at any time, the Customer can:
- obtain details of the Products they have selected, by clicking on "My cart" then "View my cart details",
- continue their selection of Products by clicking on "Continue shopping",
- finalize their selection of Products and order these Products by clicking on "Validate my cart".
To order the Products they have thus chosen, after clicking on "Validate my cart", the Customer must identify themselves, either by entering their email address and confidential password, if they have already created an account, or by clicking on "Create my account" otherwise. In the latter case, the Customer must accurately fill in the form provided, on which they must indicate the information necessary for their identification, including their surname, first name, billing address, and telephone number. In addition, the Customer must provide their email address and the password of their choice, which will be personal and confidential and which they will need to identify themselves later on the Site. The Customer is informed and accepts that the entry of these two identifiers constitutes proof of their identity. Once the Customer is identified, they must confirm their details and choose their payment method, from those offered by LAGA Paris in accordance with Article 6, and must tick the box accepting these general terms and conditions of sale, before clicking on "Finalize my order". An order form will then appear on the screen, detailing in particular: the nature, quantity and price of the Products selected by the Customer, as well as the total amount of the order, the Customer's contact details and the delivery time of the Products. The Customer may correct any errors by going back before confirming their order. If so, a new order form will be automatically issued.
3.3. Final validation of the order. After reviewing the order form, and once all the requested information has been completed by the Customer, the latter will click on "Validate my order". The validation of the order includes the mention "Order with payment obligation". This second click constitutes an electronic signature. This signature has the same value and commits the Customer as a handwritten signature. The order form will be recorded in the computer registers of LAGA Paris, themselves stored on a reliable and durable medium and will be considered as proof of the Customer's commitment. The Customer will proceed to payment for the Products under the conditions of Article 6.
3.4. Order summary. Once payment has been made, a summary of the Customer's order will be displayed and will include the transaction number. The sale will only be considered final after the order summary is displayed by LAGA Paris, which constitutes an acknowledgment of receipt of the order. An email summarizing the order will then be sent to the Customer upon its registration (hereinafter "Contract").
3.5. In any event, LAGA Paris reserves the right to refuse any order or delivery in the event of (i) an existing dispute with the Customer, (ii) total or partial non-payment of a previous order by the Customer, (iii) refusal of payment authorization by credit card from banking organizations. LAGA Paris cannot then be held liable.
3.6 Order tracking. The Customer can contact LAGA Paris customer service at any time to inquire about the status of their order at the following address: contact.lagaparis@gmail.com.
ARTICLE 4. PRODUCT CHARACTERISTICS - AVAILABILITY
4.1 The Customer is informed that the characteristics of the Products marketed by LAGA Paris may vary from one Product to another, particularly with regard to the size, position, color or degraded effect of the scales (or other materials) present on the Products. The Customer is also informed that the Products are, by nature, fragile. Therefore, if the products require adjustments, these must imperatively be carried out by a professional optician. In this regard, the Customer acknowledges that the information provided in the description of the Products on the Site is indicative. LAGA Paris cannot be held liable in the event of a non-significant discrepancy between the description provided and the actual characteristics of the delivered Product.
4.2 Product offers on the Site are valid only while stocks last. Availability may vary within the same day depending on the level of sales recorded by LAGA Paris. LAGA Paris updates availability on the Site very frequently, but cannot be held responsible if the stock is not identical to that indicated on the Site.
ARTICLE 5. DELIVERY OF PRODUCTS - DEADLINES
LAGA Paris delivers Products in France and abroad.
LAGA Paris handles transport operations to the delivery location indicated in the Contract, solely as the Customer's agent. Delivery costs will therefore be entirely re-invoiced to the Customer.
The Customer is informed that the amount of delivery costs may depend on the delivery zone as well as the value of the goods transported. The amount of delivery costs is stated in the Contract. Furthermore, any Customer requesting delivery outside the European Union declares to be aware that they are fully liable for all duties, taxes and charges that may be applicable in the country of importation of the Products, including customs duties, customs clearance fees, VAT, etc. These costs are paid directly by the Customer to the competent authorities of the importing country. The transfer of risks occurs upon physical possession of the Products by the Customer. The delivery time indicated in the Contract is an indicative time, as LAGA Paris cannot control external constraints related to the transport of Products. In any event, LAGA Paris delivers the Products to the Customer without undue delay and at the latest thirty days after the conclusion of the Contract. It is recommended that the Customer check the apparent condition of the Products upon receipt. In the event of an anomaly (damaged package, missing or damaged Products), the Customer is invited to make reservations with the carrier and to inform LAGA Paris as soon as possible, providing, if possible, any useful information (photographs, description of the damage). This step is intended to facilitate the processing of the claim and the possible exercise of LAGA Paris's remedies against the carrier. It does not constitute a prerequisite for the exercise of the Customer's rights, particularly with regard to guarantees.
ARTICLE 6. PRICE - PAYMENT
6.1. Products are marketed at the current prices listed on the Site, at the time of order registration by LAGA Paris. Prices are expressed inclusive of all taxes and in Euros. LAGA Paris reserves the right to modify its prices at any time, it being specified that the price indicated in the order form issued by LAGA Paris is the final price.
6.2. The price is payable in full, on the day the Order is placed by the Customer, by secure payment using one of the following methods: - By credit card via the online payment provider selected by LAGA Paris (hereinafter the "Online Payment Provider"). Accepted cards are Carte Bleue, Visa, Mastercard. The Customer must provide the cardholder's name, credit card number, card type, expiration date, and the security code (3-digit number on the back of the credit card). The Customer will be automatically redirected to the Online Payment Provider's service. The Online Payment Provider's server is secured to protect all data related to payment methods as effectively as possible. The Customer acknowledges that at no time will their banking data pass through LAGA Paris's computer system, and therefore LAGA Paris cannot be held liable in the event of fraudulent appropriation of the Customer's banking data. The transaction is immediately debited from the Customer's credit card after verification of the card's data. If the debit of the price is impossible, the Customer's Order will be cancelled; - By "Paypal", which implies that the Customer has a dedicated Paypal account;
- By "Apple Pay", which implies that the Customer has a dedicated Apple account.
6.3. LAGA Paris shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above. Payment itself shall only be deemed executed after actual receipt of funds by LAGA Paris.
6.4. An invoice is issued by LAGA Paris and given to the Customer upon delivery of the ordered Products. A printable detailed invoice will also be available on the Site in the "My account" section.
ARTICLE 7. RIGHT OF WITHDRAWAL
7.1. The Customer has the right to withdraw from the Contract without giving any reason within fourteen (14) days from the day on which they physically took possession of the Products.
7.2. Notification of the right of withdrawal. To exercise the right of withdrawal, the Customer must notify LAGA Paris at the contact details indicated in Article 2 of their decision to withdraw by means of an unequivocal statement using a durable medium (for example, letter sent by post or email). The Customer may, if they wish, use the model withdrawal form in the Appendix hereto, but this is not obligatory. The Customer may also send the completed withdrawal form or any other unequivocal statement via the "Contact" section of the Site. If the Customer uses this option, an acknowledgment of receipt of the withdrawal will be sent to them without delay on a durable medium (for example, by email).
7.3. Effect of withdrawal. In the event of withdrawal, LAGA Paris will reimburse the Customer for all payments received from the Customer, without undue delay and, in any event, no later than fourteen (14) days from the day on which LAGA Paris is informed of the Customer's decision to withdraw. LAGA Paris will carry out the reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Customer expressly agrees to another means of payment. This reimbursement will not incur any costs for the Customer. LAGA Paris reserves the right to defer reimbursement until it has received the Products or until the Customer has provided proof of shipment of the Products, the date chosen being the earlier of these facts.
7.4. Return procedures. The Customer must return or hand over the Products in perfect condition, complete, in their original packaging, to the address indicated in Article 2, without undue delay and, in any event, no later than fourteen (14) days after they have communicated their decision to withdraw to LAGA Paris. This deadline is deemed to have been met if the Customer returns the Products before the expiry of the fourteen (14) day period. Any product returned with missing accessories will not be accepted and will not be reimbursed or exchanged. In the event of depreciation of the returned Products resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of these Products, LAGA Paris reserves the right to hold the Customer liable and to demand payment of compensatory damages proportionate to the purchase price of the said Products. Return costs shall be borne exclusively by the Customer.
7.5 Exclusion of the right of withdrawal. The Customer is informed that, pursuant to Article L. 221-28 of the Consumer Code, the right of withdrawal may be excluded for certain Products, notably products made to the Customer's specifications or clearly personalized.
ARTICLE 8. RETENTION OF TITLE
IN ANY EVENT, THE TRANSFER OF OWNERSHIP OF THE ORDERED PRODUCTS TO THE CUSTOMER SHALL ONLY BE EFFECTED AFTER FULL PAYMENT OF THE PRICE BY THE LATTER.
ARTICLE 9. WARRANTIES
9.1. The Products supplied by LAGA Paris benefit, in accordance with legal provisions, from the legal guarantee of conformity under the conditions of Articles L.217-3 et seq. of the Consumer Code, and from the guarantee against hidden defects resulting from a material, design, or manufacturing defect affecting the delivered Products and rendering them unfit for use, under the conditions provided for in Articles 1641 et seq. of the Civil Code.
9.2. Legal guarantee of conformity
LAGA Paris delivers goods that conform to the contract and to the criteria set out in Article L. 217-5 of the Consumer Code (reproduced below). LAGA Paris is liable for defects of conformity existing at the time of delivery of the Product within the meaning of Article L. 216-1, which appear within two years from delivery. LAGA Paris is also liable, during the same period, for defects of conformity resulting from packaging, assembly instructions, or incorrect installation, carried out by the consumer as provided for in the contract, when this is due to deficiencies or errors in the installation instructions provided by the manufacturer.Article L 217-4 of the Consumer Code: The goods shall be in conformity with the contract if they meet, where applicable, the following criteria:
1° They correspond to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristics provided for in the contract;
2° They are fit for any special purpose sought by the consumer, brought to the attention of the seller at the latest at the time of the conclusion of the contract and which the latter has accepted;
3° They are delivered with all accessories and installation instructions, to be provided in accordance with the contract;
4° They are updated in accordance with the contract.
Article L 217-5 of the Consumer Code:
I.- In addition to the criteria for conformity with the contract, the goods are in conformity if they meet the following criteria:
1° They are fit for the use ordinarily expected of goods of the same type, taking into account, where applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, they possess the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
3° Where applicable, the digital elements included therein are supplied according to the most recent version available at the time of the conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, they are delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5° Where applicable, they are supplied with the updates that the consumer can legitimately expect, in accordance with the provisions of article L. 217-19;
6° They correspond to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the goods as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.
II.- However, the seller is not bound by any public statements mentioned in the preceding paragraph if they demonstrate:
1° That they were not aware of them and could not legitimately have been aware of them;
2° That at the time of the conclusion of the contract, the public statements had been rectified under conditions comparable to the initial statements; or
3° That the public statements could not have influenced the purchasing decision.
III.- The consumer cannot dispute conformity by invoking a defect concerning one or more particular characteristics of the goods, of which they were specifically informed that they deviated from the conformity criteria set out in this article, a deviation to which they expressly and separately consented at the time of the conclusion of the contract.
9.3. Warranty against hidden defects
Article 1641 of the Civil Code: The seller is bound by a warranty against hidden defects of the sold item that render it unfit for its intended use, or that diminish this use to such an extent that the buyer would not have acquired it, or would have paid a lower price for it, had they known of the defects.
Article 1648, paragraph 1 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, on pain of forfeiture, within one year following the date on which the seller can be discharged from apparent defects or non-conformities.
9.4. Implementation of warranties
9.4.1. Any claim for legal warranty under the conformity warranty or hidden defects must be made to LAGA Paris as guarantor of the conformity of the Products to the Contract, at the contact details provided in Article 2 hereof.
9.4.2. Hidden defects warranty
If the Client decides to implement the hidden defects warranty within the meaning of Article 1641 of the Civil Code, they may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
9.4.3 Legal warranty of conformity
When the Client acts under the legal warranty of conformity, they:
- benefit from a period of two years from the delivery of the goods to act;
- are entitled to repair, replacement of the goods, or, failing that, a price reduction, or rescission of the contract subject to the conditions provided for in Articles L.217-8 to L.217-14 of the Consumer Code;
- are exempt from proving the existence of the lack of conformity of the goods, including goods with digital elements, during the twenty-four months following the delivery of the goods (except for second-hand goods).
The legal warranty of conformity applies independently of any commercial warranty granted.
9.5. Any warranty is excluded in case of use or storage of the Products that does not comply with the reasonable uses expected for this type of Products.
ARTICLE 10. LIABILITY
LAGA Paris certifies that all Products sold on the Site comply with current French legislation. LAGA Paris cannot be held liable for improper use of ordered products or for any suspension of service, regardless of its duration. LAGA Paris cannot be held liable for all inconveniences and damages inherent in the use of the Internet, including service interruption, external intrusion or the presence of computer viruses or any other case of force majeure or unforeseen event. In general, the Client guarantees that they are the holder of the bank card used for payment. Consequently, the Client who placed the Product Order indemnifies LAGA Paris against all harmful consequences of unauthorized and/or fraudulent use of a third party's bank card. LAGA Paris reminds that unemancipated minors are unable to contract and that only minor children authorized to hold a means of payment under parental agreement can order products on the Site and can make purchases related to everyday acts.
ARTICLE 11. PERSONAL DATA
As part of the management of the Client's Order, LAGA Paris will process the Client's personal data under the conditions defined in its privacy policy. The Client is therefore invited to visit the following privacy policy page to inform themselves about the conditions of personal data processing implemented by LAGA Paris.
ARTICLE 12. INTELLECTUAL PROPERTY
The Site and all the elements that compose it (including, but not exclusively, texts, images, databases, graphic elements, source codes, intellectual and industrial property rights and distinctive signs of LAGA Paris, etc.) (hereinafter the "Protected Elements") are protected by French and international intellectual property laws. The Protected Elements are the exclusive property of LAGA Paris. Consequently, any reproduction, downloading, copying, modification, commercial use, in whole or in part, of the Protected Elements of the Site is prohibited without the prior written consent of LAGA Paris, and exposes its author(s) to prosecution. In addition, the extraction, reuse, storage, reproduction, representation or retention of quantitatively or qualitatively substantial parts of the Site, in any form whatsoever, is prohibited under the rights recognized to the database producer, without the prior written consent of LAGA Paris. Any use of the Site or the Protected Elements in violation of the provisions of this article constitutes an infringement, which exposes its perpetrator to civil and criminal penalties.
ARTICLE 13. GENERAL PROVISIONS
13.1. If one or more stipulations of these GTC are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other stipulations shall retain their full force and scope.
13.2. These GTC and the order summary transmitted to the Client form a contractual whole and constitute the entirety of the contractual relations between the Parties.
13.3. Unless proven otherwise, the data recorded by LAGA Paris constitutes proof of all transactions.
13.4. Any contract concluded with the Client corresponding to an order of an amount greater than 120 euros including tax will be archived by LAGA Paris for a period of ten (10) years in accordance with Article L213-1 of the Consumer Code. LAGA Paris will archive this information in order to monitor transactions and produce a copy of the contract at the Client's request.
13.5. In the event of a dispute, LAGA Paris will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
ARTICLE 14. APPLICABLE LAW - DISPUTE RESOLUTION
14.1. All clauses contained in these GTC as well as all sales operations referred to therein are subject to French law.
14.2. In case of a dispute, an amicable solution will be sought primarily before any legal action. For this purpose, the Client must contact LAGA Paris at the contact details given in Article 2. The Client is informed of the possibility of resorting, in case of dispute, to a conventional mediation procedure or any other alternative dispute resolution method.
The mediator proposed by LAGA Paris is CM2C ("the Mediator"). This mediation system can be reached by:
- electronic means: cm2C@cm2c.net.
- or by post: 49 Rue de Ponthieu, 75008 PARIS.
In accordance with Article L612-2 of the Consumer Code, one of the preconditions for the examination of the dispute by the Mediator is the following: the Client must justify having first attempted to resolve their dispute directly with LAGA Paris, by a complaint sent by post or email. Failing agreement between the parties within a period of two (2) months from the notification of the dispute to the other party, all disputes to which this contract may give rise, concerning the operations referred to herein, its validity, its interpretation, its execution, its termination, their consequences and their outcomes will be submitted to the competent courts under the conditions of common law.
APPENDIX 1: MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of LAGA Paris, 231 rue Saint-Honoré 75001 PARIS, (contact.lagaparis@gmail.com):
I hereby notify you of my withdrawal from the contract for the sale of the goods below:
Order number:
Ordered on / received on:
Consumer's name:
Consumer's address:
Consumer's signature (only in case of notification of this form on paper):
Date: