General Terms and Conditions of Sale - GTC

GENERAL CONDITIONS OF SALE

 

Last updated on 26 May 2017.

Welcome to www.seventyone-percent.com.

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

These Terms and Conditions 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 Terms and Conditions conflict with the Service Terms, the Service Terms shall prevail.

Please read these conditions carefully before placing an order with LAMALO SA. By placing an order with LAMALO SA, you signify your agreement to be bound by these conditions.

1. HOW TO ORDER

If you wish 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 wish to purchase, you can confirm the contents of your basket and place the order.

At this point, you will be taken to a page summarising the details of the products you have selected, their prices and delivery options (including the relevant delivery charges). You will then be asked to choose the delivery options and shipping and payment methods 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 will inform you that your items have been dispatched. However, you can change your order up to the date of dispatch of your goods.

You agree to receive invoices for your purchases electronically.

2. RIGHT OF RETENTION

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

3. RIGHT OF WITHDRAWAL OF 15 DAYS :

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 nominated by you (other than the carrier), took physical possession of the goods purchased (or the last good, batch or part if the contract relates to the delivery of several goods or several batches or parts delivered separately) or from the date on which you concluded 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 online in accordance with the instructions and forms available from our online returns centre, using this form, or by post. In the event that you use the online returns centre, we will send you an acknowledgement of receipt.

To meet the withdrawal deadline, simply send your withdrawal request before the 14-day period expires and return your product.

For further information on the scope, content and instructions on how to exercise your right of withdrawal, please contact us electronically at infos@seventyone-percent.com

EFFECTS OF WITHDRAWAL

We will refund all payments we have received from you, including standard delivery charges (i.e. the cheapest delivery we offer), no later than 15 days from receipt of your request to withdraw. We will use the same method of payment that you used for your original order, unless you expressly agree to a different method. 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 you have provided proof of shipment of the product(s), whichever is earlier. If the refund is made after the above-mentioned deadline, 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 notify us of your decision to withdraw.

You shall bear the direct costs of returning the product(s). You will be responsible for any depreciation in value of the product(s) resulting from handling (other than that necessary 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 :

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

o the delivery of products that have been made to your specifications or that are clearly personalised;

o the supply of products that are likely to deteriorate rapidly;

othe supply of services fully performed by Seventyone-percent for which you have agreed at the time of placing your order that we may commence performance, and waived your right of withdrawal;

OUR 30-DAY RETURNS POLICY

Without prejudice to your legal rights, Seventyone-percent offers the following returns 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. In the case of plastic-wrapped or sealed data carriers, 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 accordance with our returns policy, we will refund the price you paid but not the shipping costs of your original purchase. Also, you will be responsible for the risks associated with the transport and delivery costs of the return. This returns policy does not affect your statutory rights, including your statutory 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 responsibility Guarantees").

4. PRICES AND AVAILABILITY

All prices are inclusive of 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 be more specific about the availability of products than is indicated on that page or elsewhere on the Website. When processing your order, we will notify you as soon as possible by email using the address associated with your subscription if any products you have ordered prove to be unavailable, and we will not charge you for those products.

Despite our best efforts, a small number of products in our catalogue may have a pricing error. We will check the price at the time of processing your order and before payment is made. If it appears that we have made an error in the price display, 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 would prefer to cancel your order. If the actual price is lower than the posted 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 collected when the package arrives at 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. Also, please note that when you place an order on Seventyone-percent, you are considered the importer of record 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 RESPONSIBILITY - GUARANTEES

You benefit from the legal guarantee of conformity under the conditions of articles L.217-4 and following of the consumer code and the guarantee of hidden defects under the conditions provided for in articles 1641 and following of the civil code.

When you are acting under a legal guarantee of conformity,

-You have a period of two years from the date of delivery of the goods to take action;

-You can choose between repairing or replacing the goods, subject to the cost conditions set out in Article L.217-9 of the Consumer Code;

-For any product purchased until 17 March 2016 at 23:59:59, you are exempt 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 midnight on 18 March 2016, you are exempt from proving the existence of a lack of conformity of the goods for twenty-four (24) months following delivery of the goods, except for second-hand goods for which you are exempt from proving the existence of a lack of conformity of the goods only during the six (6) months following delivery of the goods

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

You may decide to invoke the guarantee for hidden defects in accordance with Article 1641 of the Civil Code. In this case, you can choose between rescission of the sale or a reduction in the sale price (Article 1644 of the Civil Code).

With the exception of deliveries in France, we decline all responsibility in the event that the article delivered does not comply with the legislation of the country of delivery.

We undertake to take all the care in use in the profession for the implementation of the service offered to the client. Nevertheless, we shall not be held liable for any delay or failure to fulfil our contractual obligations if the delay or failure is due to a cause beyond our control, such as an act of God or force majeure as defined by the applicable law.

We shall not be held liable for any delay due to a stock shortage at the publisher or supplier. In addition, we shall not be held liable for minor differences between the photos of the presentation of the articles and the texts displayed on the Seventyone-percent website, and the products delivered.

We will use all reasonable endeavours to provide the services covered by these Terms and Conditions. We are liable for any direct and foreseeable damage at the time of use of the Website or the conclusion of the sales contract between us and you. In our dealings with professionals, we shall not be liable for any loss of profit, loss of business, loss of data or loss of earnings or any other consequential loss or damage which was not foreseeable at the time of using the Website or entering into the contract of sale between us and you.

The above limitation of liability shall not apply in the event of fraud or gross negligence on our part, in the event of personal injury or product liability, in the event of eviction and in the event of non-conformity (including hidden defects).

7. APPLICABLE 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 and we agree to submit all disputes arising out of the business relationship between you and us to the non-exclusive jurisdiction of the French courts, which means that 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.

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

8. MODIFICATION OF THE SERVICE OR OF THE GENERAL CONDITIONS OF SALE

We reserve the right to make changes to our Website, our procedures, and our terms and conditions, including these Terms and Conditions.Terms and Conditions at any time. You are subject to the terms and conditions, procedures and Terms and Conditions in force at the time you order a product from us, unless a change to those terms and conditions, or these Terms and Conditions, is required by an administrative or governmental authority (in which case that change may apply to previous orders you have placed). If any provision of these Terms and Conditions is held to be invalid, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

9. WAIVER

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

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
Intra-community VAT number : FR425 12941345