Legal terms

 

Article 1. Application of the Terms and Conditions

These General Terms and Conditions of Sale (hereinafter the “GTCS”) shall automatically apply to sales entered into between i) any major individual residing in the region defined in Article 5 of the GTCS (hereinafter the “Customer”), making a purchase on the e-commerce website www.lafuma.com/en/ (hereinafter the “Website”) and, ii) MILLET MOUNTAIN GROUP SAS, a French simplified joint-stock company with capital of €3,921,068, registered in the Annecy Trade and Companies Register under no. 400 313 318 (EU VAT no.: FR38 400313318) and having its registered office at 21 Rue du Pré Faucon, LES GLAISINS, 74943 Annecy le Vieux Cedex, France (hereinafter “MMG”).

MMG hereby reserves the right to amend its GTCS at any time. In the event that these GTCS are amended, the applicable GTCS shall be those in force on the order date, a dated copy of which may be provided to the Customer upon request. The GTCS may be viewed at any time via the link located on the Website’s homepage.

  • Website’s Legal Notices:

Publisher: MILLET MOUNTAIN GROUP SAS, French simplified joint-stock company with capital of €3,921,068, registered in the Annecy Trade and Companies Register under no. 400 313 318 (EU VAT no.: FR38 400313318) and having its registered office at 21 Rue du Pré Faucon, LES GLAISINS, 74943 Annecy le Vieux Cedex, France.

Publication Director: Mr Thomas Stöcklin, in his capacity as Chief Executive Officer of MMG.

Customer Service: 04 50 10 72 50 (cost of a local call). Email: customer-service@lafuma.com

Hosting: Synolia, a French simplified joint-stock company with share capital of €100,770, registered in the LYON Trade and Companies Register under number 452 487 416, APE code: 6202A and subject to VAT (EU VAT no.: FR28452487416) having its registered office at 59 Rue de l'Abondance, 69003 LYON France.

www.synolia.com

Article 2. Products

These GTCS apply to the products listed for sale on the Website. They shall remain valid provided that the products (hereinafter the “Products”) are listed in the online catalog, and within the limits of available stocks.

If the Product ordered is unavailable, MMG shall immediately inform the Customer of this and may offer them a product of equal quality and price. Should the Customer refuse, MMG shall refund the amounts paid within fourteen (14) days. Other than refunding the price paid for the unavailable Product, MMG shall not be required to pay any compensation for canceling the order.

A description shall be provided for each Product, including their main features, as defined in Article L.111‐1 of the French Consumer Code. However, there may be minor differences between the presented Product photos, descriptions and drawings, and the final Product delivered to the Customer.


Article 3. Orders

Any order placed on the Website entails express acceptance of the GTCS.

Order process:

First, it should be noted that any order placed on the Website gives rise to a payment obligation binding on the Customer.

Customers wishing to place an order must follow the following procedure:

  1. Product selection: Customers select the Product they wish to order;             
  1. Checking the product selection: Customers check the contents of their basket, retaining the option to delete the selected Products;
  1. Identification: Customers complete the identification form and provide the information requested (required information: full name, email address, password);                                                                                                                            
  2. Order verification: Customers check the contents of their order, the total price of the Products, and the delivery and billing address, while retaining the option to delete a Product or change the billing or delivery address. Customers add their address using the addresspost codetown/citycountry and contact number fields.
  1. Choice of delivery method: Customers may choose between:

-       registered Colissimo delivery to the address provided by the Customer;

-       delivery to a parcel pick-up point;

-       express delivery. Delivery amounts are shown before confirmation.

Delivery charges are specified prior to order confirmation.

  1. 6.     Choice of payment method: Customers select the payment method (as defined in Article 4);
  1. 7.     Order confirmation: Customers confirm their orders by accepting the GTCS, by ticking the corresponding box and clicking on the “Pay for my order” button.
  1. 8.     Link to the BANQUE POPULAIRE site for secure payment (SSL): the Customer provides the required bank details for the payment, corresponding to the selected payment method. The order shall only become final after payment has been made. The account will be debited within six (6) days following the order;
  1. Order acceptance: the Customer shall receive an email summarizing the content of their order, including;

-       the order number;

-       the bank transaction number;

-       the list of Products ordered;

-       the price of the Products ordered;

-       the delivery terms and dates;

-       the standard retraction form;

-       the Website’s customer service email address and contact number

The Customer must keep this document, as it is the official proof of the order, in particular in order to exercise its retraction right.

  1. 10.  Order processing: the order is then recorded and processed by MMG, which checks the availability of the Product(s) ordered;

MMG hereby undertakes to honor the orders received on its Website. MMG shall inform the Customer by email as soon as possible, in the event of order cancellation and the refund of amounts paid.

  1. 11.  Confirmation of order shipment: The Customer shall receive an email confirming order shipment.
  1. 12.  Archiving: Communications, purchase orders and invoices are archived in a reliable and sturdy location, so as to retain a faithful and durable copy, in accordance with Article 1360 of the French Civil Code. These communications, purchase orders and invoices may be used as evidence of contract. MMG shall archive any order exceeding one hundred and twenty (120) euros for a period of ten (10) years, and shall allow the Customer to access it at any time.

Article 4. Price - Payment terms and security - Retention of title

Products are invoiced on the basis of prices displayed on the Website when the order is confirmed by the Customer. All prices are presented in euros, including VAT, and excluding any order preparation and delivery costs, as defined in Article 5 below.

Any delivery charges as described below in Article 5 of the GTCS shall be provided in the Customer’s “basket” before order confirmation.

Payment methods:

Payments may be made by bank card (Visa, CB, Mastercard, American Express, Giropay, Sofort, Belfius). Bank card payments are made on the BANQUE POPULAIRE secure payment platform.

The order is recorded and approved as soon as the payment is accepted by the bank.

Security: 

The details of the bank card used shall be encrypted via the SSL (Secure Socket Layer) protocol and are never sent over the network in unencrypted cleartext. Payments are carried out directly with the bank. Under no circumstances does MMG have access to these bank details, and it does not store them on its servers.

Retention of title:

The Products shall remain MMG’s property until it receives full payment. However, the risks relating to the goods delivered shall be transferred to the Customer as from delivery.      

Payment default:

MMG reserves the right to refuse to make a delivery or honor an order place by a Customer with whom an ongoing payment dispute exists.

Anti-fraud checks:

In order to ensure payment security and meet concerns regarding distance selling fraud, MMG performs controls on orders that have been approved on the Website. These checks aim to protect MMG from unfair distance payment practices. As part of these verification procedures, MMG may ask the Customer to provide the documents required to unblock their order: proof of identity, residence, debit in their name, etc. However, no information relating to the Customer’s bank card will be requested.

The purpose of this is to confirm the Customer’s identity and residence.
These requests shall be sent via email, and the Customer must return these documents to MMG by email in order to ensure their order is delivered. If no proof is provided, or if the documents sent do not confirm the Customer’s identity and proof of residence, MMG shall be entitled to cancel the order to ensure the security of online transactions.

 

Article 5. Delivery methods

Delivery areas:

Products purchased on the Website shall only be delivered to the following countries: Mainland France, Corsica, Monaco, Belgium, the Netherlands, Luxembourg, Germany, Austria, Switzerland, the United Kingdom, Ireland, Spain, Italy, Slovakia and Slovenia.

Delivery methods:

A number of delivery methods are available:

-       delivery to a parcel pick-up point as selected by the Customer from a list provided by MMG;

-       registered Colissimo delivery to the address provided by the Customer when placing the order;

The Customer may also choose between an express or standard delivery.

However, express deliveries shall only be made to the delivery address provided by the Customer when placing the order. They cannot be made to a pick-up point.

Shipping costs:

Shipping costs may vary depending on the country or place of delivery, and on the selected delivery method:

Type of delivery

Delivery country

Cost

Standard delivery to Customer’s residence

Mainland France, Corsica, Monaco, Belgium, the Netherlands, Luxembourg, Germany, Austria, Switzerland, the United Kingdom, Ireland, Spain, Italy, Slovakia and Slovenia

Free

Parcel pick-up point

Mainland France, Corsica

Free

Express delivery

Mainland France, Corsica

€6 incl. VAT


Delivery charges will be included in the Customer’s order summary before confirmation. This amount will be added to the price of the purchased Products.

Delivery charges are also provided here: [TO COMPLETE].

Delivery times:

Delivery turnaround times will depend on the delivery method selected by the Customer when placing the order:

-       for express deliveries, the delivery date is one business day following the order date, if the order is placed before 1.00 pm. If placed after 1.00 pm, the delivery time will be two (2) business days.

-       for all other delivery methods, deliveries shall be made within a maximum of six (6) business days.

MMG hereby undertakes to comply with the agreed delivery times, pursuant to Article L.216-1 of the French Consumer Code.

Furthermore, in accordance with Article L.216-2 of the French Consumer Code, if delivery is not made within the aforementioned timeframes, the Customer may terminate the contract by registered letter with acknowledgment of receipt or in writing via another reliable medium if, after having instructed MMG to make the delivery, under the same conditions and within a reasonable additional period, MMG has not complied with such instruction. Any amounts paid shall be refunded.

Delivery issues:

If the Customer is absent at the time of delivery, the delivery person shall leave an “attempted delivery notice” in the Customer’s letterbox. The Customer must then collect their parcel at the address stated on the delivery notice (post office).

In the event of an incomplete or incorrect address, refusal of the package by the Customer or lack of information resulting in an inability to deliver the Product to the Customer on time, MMG shall not be held liable for the final quality of such delivery. If this lack of information results in a second delivery to the Customer, MMG shall be entitled to request that the Customer pay the corresponding costs.

Delivery acceptance:

Upon receipt of the order, the Customer shall check that the Products match the order. Within fourteen (14) days after receiving the Products, MMG’s customer service department must be informed of any anomalies regarding the delivery (i.e: missing or damaged products, damaged package), at the following address:

-       By posting a letter to:

MILLET MOUNTAIN GROUP SAS LES GLAISINS,

21 Rue du Pré Faucon,

74940 Annecy le Vieux, France.      

-       By emailing: service-client@lafuma.fr

Unless the retraction right is exercised under the terms and conditions set out in Article 6 of the GTCS, or a reasoned request is made to invoke the statutory warranties set out in Article 7 of the GTCS, any complaint submitted after the fourteen (14) day period following Product receipt shall be considered inadmissible, and MMG’s liability shall not be invoked.

MMG reserves the right to ask the Customer to return the non-compliant or damaged Product to it.      

Article 6. Retraction right and returns

Retraction right guaranteed by the French Consumer Code:

Pursuant to Articles L.221-18 et seq. of the French Consumer Code, Customers have fourteen (14) calendar days as from the date they receive their order to inform MMG of their decision to retract, without having to provide a reason. If this period ends on a public holiday, it shall be automatically extended to the next business day.

Subject to compliance with the terms and conditions set out below, MMG shall refund the Customer the total amount of the returned Products, including the delivery charges paid on the order. MMG may defer the refund until the date the Products are returned, or proof of shipment is supplied by the Customer. The refund date shall be the earliest of these two dates. Refunds are processed via the same payment method used by the Customer.

MMG shall not be required to refund additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by MMG.

Extension of the retraction right by MMG:

Pursuant to its sales policy, MMG has decided to extend the statutory fourteen (14) day period mentioned above by an additional sixteen (16) days.

The Customer therefore has thirty (30) calendar days from receipt of their order to inform MMG that it wishes to exercise its right to retract. [c2] 

Procedures for exercising the right of retraction:

To exercise their right of retraction, the Customer must take the following steps:

1- Within the aforementioned thirty (30) days after receiving their order, the Customer shall inform the MMG customer service department of their intention to exercise their right of retraction;

-       by requesting an order return number via their account on the Website; or

-       by clearly informing MMG that they intend to exercise their right of retraction, by emailing Customer Service at customer-service@lafuma.com or by sending a letter to the address stated in Article 9 (the date of the post office stamp being considered the retraction date). The Customer may use the standard retraction form provided in Schedule 2 of the GTCS.

2- The Customer must return the Product(s) concerned to MMG within fourteen (14) calendar days following notification of the exercising of their right.

This right of return can only be accepted for complete Products and, if possible, still in their original packaging, to ensure that the Products are protected during shipment, together with a copy of the purchase invoice (included in the order acceptance confirmation email), and the return number assigned by email by our Customer Service department following the retraction request, and the delivery note (enclosed with the package when delivered).                                                                               

If the Customer only wishes to return one item in the order, and not the entire order, the shipping costs for this item shall also be borne by the Customer, and only the purchased and returned Product shall be refunded.                                                                                                                       
Products that have lost value due to handling beyond that required to determine their nature, features and proper functioning will not be taken back.

Article 7. Statutory guarantees 

The Products sold by MMG are covered by the statutory guarantee regarding conformity, as provided for in Articles L.217-4 to L.217-12 of the French Consumer Code and the statutory warranty for hidden defects in the item sold, under the terms and conditions provided for in Articles 1641 to 1648 and 2232 of the French Civil Code, provided that their use has been reasonable and that the maintenance instructions have been followed by the Customer.

These articles are included in Schedule 1 hereto, in accordance with the provisions of Article L.217-15 of the French Consumer Code.

 7.1 Statutory product conformity warranty

In accordance with Articles L.217-1 et seq. of the French Consumer Code, MMG hereby guarantees the conformity of the Products sold.

When invoking this statutory warranty, the Customer:

- has a period of two (2) days as from delivery of the goods to take action;

- may choose between repairing or replacing the item, provided that the option selected does not give rise to a clearly disproportionate cost for MMG in relation to the other option, taking into account the value of the item or the extent of the defect. In this case, and unless impossible, MMG will be required to proceed according to the method not chosen by the Customer. The Customer is exempted from having to provide proof of Product non-conformity for twenty-four (24) months following delivery of a new Product, and six (6) months following delivery of a second-hand Product. Beyond this six (6) month period for second-hand Products, the Customer must provide proof that the item is not suitable for the use usually expected of a similar item or that it does not offer the features mutual agreed upon between the parties.

This statutory warranty shall apply independently of any sales warranty that may be granted.

The Products sold are covered by statutory warranties provided that they have been used in a reasonable manner and that maintenance instructions have been followed.

This warranty does not cover damage caused by product misuse or normal wear and tear. In order to benefit from the Product warranty, the Customer must retain the Product purchase invoice and the delivery note.

For Product returns and after-sales service, the return procedure must be requested by the Customer via their customer account under “My orders” (Mes commandes), then by making a “Return request” (Demande de retour).

7.2 Hidden defect warranty

The Customer may also choose to invoke the statutory warranty against hidden defects in the Product sold, pursuant to Article 1642 of the French Civil Code, stemming from a defect in the design or manufacture of the Product and rendering it unfit for its intended use, with the exclusion of any negligence or fault on the part of the Customer. The Customer may then choose between canceling the sale or a discount on the sale price, in accordance with Article 1644 of the French Civil Code.

 

Article 8. Intellectual property

All documents, descriptions and information, diagrams, images, photos or any other content published on the Website are the exclusive property of MMG and are reserved for MMG’s use. Accordingly, they must not be copied, exploited or used for any purpose whatsoever.         

Article 9. Customer Service

You can email or call the Customer Service department free of charge for any questions regarding the order, shipping and tracking:                                                            

- By phone: Customer Service Online: 04 50 10 72 50 (cost of a local call)

From Monday to Friday 9.00 am to 12.00 pm and from 2.00 pm to 5.00 pm.                                                                                  
- By email: customer-service@lafuma.com                                                                                   

- By post: MILLET MOUNTAIN GROUP SAS - Service Client Web - 21 rue du Pré Faucon - PAE les Glaisins - 74943 Annecy-Le-Vieux Cedex 

 

Article 10. Liability – Force majeure

MMG shall not be held liable for any incident, disruption or damage inherent to use of the Internet, in particular in the event of a service interruption, intrusion or viruses. 

Furthermore, MMG shall not be held liable for failure to perform the contract in the event of unforeseeable circumstances, force majeure events, disruption or total or partial strikes, in particular of postal services and transportation and/or communications, or floods or fires. MMG shall not be held liable for any consequential losses, business interruptions, loss of earnings, damages or costs, that may arise.

 

Article 11. Governing law – Disputes - Mediation

The contract between MMG and the Customer is governed by the laws of France. However, the application of French law to the GTCS does not prevent Customers residing outside France from benefiting from more favorable domestic laws that may apply to them.

In case of a complaint concerning an order or, more generally, in the event of a dispute with MMG, the Customer may submit a complaint to Customer Service.

Pursuant to the provisions of the French Consumer Code concerning the amicable settlement of disputes, MMG is a member of the FEVAD (Federation of e-commerce and distance selling) e-commerce mediation service, which can be contacted at: 60 Rue La Boétie – 75008 Paris – https://www.mediateurfevad.fr. Once customers have made a prior written complaint to the MMG Customer Service department, the Mediator may be contacted for any consumer dispute that has not been settled successfully.

Click here to learn more about how to contact the Mediator: https://www.mediateurfevad.fr/index.php/espace-consommateur-2/.

The parties to the contract remain free to accept or refuse mediation and, in the case of mediation, to accept or refuse the solution suggested by the mediator

Customers may also submit complaints on the online dispute resolution platform made available by the European Commission here: http://ec.europa.eu/consumers/odr/. The European Commission will refer the Purchaser’s complaint to the appropriate national ombudsman.

In any event, the parties may institute proceedings before any court with jurisdiction.

 

SCHEDULE 1: AS REGARDS STATUTORY WARRANTIES

 

  • Article L.217-4 of the French Consumer Code“The seller is required to deliver a product that conforms with the contract, and shall be held liable for any lack of conformity identified upon delivery. It shall also be held liable for any defects resulting from packaging, assembly instructions or installation, where such installation has been entrusted to it under the contract or has been carried out under its supervision”.       
  • Article L.217-5 of the French Consumer Code: “To comply with the contract, the product must:

1) Be appropriate for the use normally expected for such a product and, where appropriate:

- correspond to the description provided by the seller and possess the qualities presented to the customer in the form of a sample or model;

- present the qualities that a customer may legitimately expect in view of public statements made by the seller, the manufacturer or their representative, particular in terms of advertising or labeling;

2) Or present the features defined by mutual agreement between the parties, or be appropriate for any special use intended by the customer, which it has brought to the seller’s attention and which the seller has accepted”.

  • Article L.217-12 of the French Consumer Code: “Action relating to a lack of conformity is time-barred for two years following delivery of the goods”.                
  • Article L.217-16 of the French Consumer Code: “If the purchaser asks the seller, during the course of the commercial guarantee granted to them when purchasing or repairing movable property, for a repair covered by the guarantee, any downtime of at least seven days shall be added to the duration of the remaining guarantee period.

This period shall run from the date of the purchaser’s request for assistance, or the date on which the goods in question are made available for repair if such availability comes after the request for assistance”.

  • Article 1641 of the French Civil Code“The seller is bound by the warranty against hidden defects making the item sold unfit for its intended use, or which impede this use so much that the purchaser would not have bought it, or would have paid a lower price had they been aware of such defects.”       

  • Article 1648 paragraph 1 of the French Civil Code“Any action as a result of unacceptable defects must be initiated by the purchaser within two years of their discovery”.

 

 

SCHEDULE 2 STANDARD RETRACTION FORM

 

(Please complete and return this form only if you wish to withdraw from the contract.)

To: MILLET MOUNTAIN GROUP SAS, 21 rue du Pré Faucon, LES GLAISINS, 74 943 Annecy le Vieux cedex, France, Tel.: 04 50 10 72 50, email: customer-service@lafuma.com.

I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract covering the sale of the following product and/or products (*) below (*):

Ordered on (*) / Received on (*):

Order number:

Customer name:

Customer address:

Signature of Customer(s) (only if this form is sent as a hard-copy):

Date:

 

 

(*) Delete as appropriate.