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Article 1. Application of the Terms and Conditions
These General Terms and Conditions of Sale (hereinafter the "T&Cs") automatically apply to sales entered into between, on the one hand, any adult individual residing in the territory defined in Article 5 of the T&Cs (hereinafter the "Customer"), carrying out a purchase through the online store www.lafuma.com (hereinafter the "Website") and, on the other hand, the company MILLET MOUNTAIN GROUP SAS, a simplified joint stock company with capital of €3,921,068, registered with the Annecy Trade and Companies Register under No. 400 313 318 (intra-community VAT number): FR38 400313318) and whose registered office is located at 21 rue du Pré Faucon, LES GLAISINS, 74 943 Annecy le Vieux cedex, France (hereinafter "MMG").
MMG reserves the right to amend its T&Cs at any time. In the event of an amendment to the T&Cs, the T&Cs applicable shall be those in force on the date the order is placed, a copy of which, dated on that date, may be given to the Customer on request. The T&Cs can be viewed at any time via a link located on the home page of the Website.
● Website legal notices:
Publisher: MILLET MOUNTAIN GROUP SAS, a simplified joint stock company with capital of €3,921,068, registered with the Annecy Trade and Companies Register under No. 400 313 318 (intra-community VAT number): FR38 400313318) and whose registered office is located at 21 rue du Pré Faucon, LES GLAISINS, 74 943 Annecy le Vieux cedex, France.
Publication Director: Mr Reiner Pichler in his capacity as Chairman and CEO of MMG.
Customer Service telephone number: +49 8031 8603034 (price of a local call). email: email@example.com
Host: Synolia, a simplified joint stock company with capital of €100,770, registered with the LYON Trade and Companies Register under the number 452 487 416 APE no.: 6202A and subject to VAT (Intracommunity VAT number: 6202A and subject to VAT (Intracommunity VAT number:
59 rue de l'Abondance,
69003 LYON France.
Article 2. Products
The products offered on the Website are subject to the T&Cs. They are available as long as the products (hereinafter the "Products") are listed in the electronic catalogue and while stocks last.
In the event that the Product ordered is unavailable, MMG shall immediately inform the Customer and may offer the Customer a product of equivalent quality and price. Should the Customer refuse such a product, MMG shall refund the monies paid within a period of fourteen (14) days. Other than refunding the price of the unavailable Product, MMG is not required to pay any cancellation compensation.
The Products shall each have a description stating their key features in accordance with Article L.111-1 of the French Consumer Code. There may nevertheless be minor differences between the photos, texts and drawings related to the Products offered and the final Product delivered to the Customer.
Article 3. Orders
Any order placed on the Website is deemed to constitute express acceptance of the T&Cs.
Firstly, please note that placing an order on the Website automatically obliges the Customer to pay for that order.
Customers who wish to place an order must follow the procedure below:
1. Product selection: the Customer selects the Product he/she wishes to order;
2. Checking the selected items: the Customer checks the contents of his/her basket while still being able to delete any or all of the Products selected;
3. Identification: the Customer completes the identification form provided and enters the information requested (compulsory information: surname, first name, e-mail, password);
4. Order confirmation: the Customer confirms the details of his/her order, the total price of the Products and the delivery and billing addresses, while still being able to delete a Product or change the billing and delivery addresses. An address consists of the address, postcode, city, country and telephone fields.
5. Choice of delivery method: the Customer may choose from:
- tracked delivery by Colissimo to the address provided by the Customer (France);
- delivery to a collection point (France);
- in-store delivery (France);
- express delivery. The delivery cost is provided before confirmation. (France)
- tracked delivery by UPS/DHL/DPD to the address provided by the Customer (Other countries);
The delivery cost is specified before the order is confirmed.
6. Choice of payment method: the Customer chooses the payment method (as specified in Article 4);
7. Order confirmation: the Customer confirms the order by accepting the T&Cs by ticking the relevant box and clicking on the "Pay for my order" button.
8. Transfer to the BANQUE POPULAIRE website for secure payment (SSL): the Customer provides the bank details required for payment and that correspond to the chosen method of payment. The order is not final until payment has been made. The Customer's account will be debited within six (6) days of the order;
9. Order acknowledgement: the Customer will receive an e-mail summarising the content of the order, i.e.;
- the order number;
- the bank transaction number;
- the list of Products ordered;
- the price of the Products ordered;
- the delivery method and expected delivery time;
- the standard cancellation form;
- the email address and telephone number of the Website's customer service department
The Customer should keep this document safe as it is the official proof of the order, in particular in order to be able to exercise his/her right of withdrawal.
10. Order processing: the order is then accepted and processed by MMG, which checks the availability of the Product(s) ordered;
MMG undertakes to fulfil the orders received via its website. MMG will contact the Customer by e-mail as soon as possible to inform him/her in the event that the order is cancelled and refunded.
11. Order dispatch confirmation: The Customer will receive an e-mail confirming that the order has been dispatched.
Archiving policy: Communications, order forms and invoices are archived on a reliable and durable medium in order to provide a faithful and durable copy in accordance with Article 1360 of the French Civil Code. Such communications, order forms and invoices may be produced as proof of contract. MMG shall archive the order for a period of ten (10) years if the order amount exceeds one hundred and twenty (120) euros and shall allow the Customer access to the relevant records at any time.
Article 4. Price - Payment terms and security - reservation of ownership clause
The Products are charged in accordance with the prices displayed on the Website at the time the Customer confirms the order. All prices are shown in euros, including VAT (all taxes included), excluding handling and delivery costs, as set out in Article 5 below.
Any delivery costs as set out in article 5 of these T&Cs below will be shown in the "basket" before the order is confirmed.
Payment can be made by credit or debit card (Visa, CB, Mastercard, American Express, Maestro) or by PayPal, Giropay, Belfius or Sofort. For payment by credit or debit card, payment is made via the BANQUE POPULAIRE secure payment platform. For the payment by Paypal, the Customer must enter his/her username and password for his/her Paypal account.
The order is accepted and confirmed as soon as the payment is received by the banking service.
The credit or debit card details used are encrypted using SSL (Secure Socket Layer) protocol and are never transmitted unencrypted over the internet. Payment is made directly to the bank. MMG has no access to these details under any circumstances and does not store such information on its servers.
Reservation of ownership clause:
The Products shall remain the property of MMG until MMG has received full payment of the purchase price. However, with effect from delivery, the risk of the goods delivered shall pass to the Customer.
MMG reserves the right to refuse to make a delivery or to honour an order from a Customer with whom a payment dispute is in progress.
Fraud prevention measures:
In order to ensure secure transactions and to respond to a general desire to prevent fraud in distance selling, MMG carries out checks on orders that have been confirmed on the Website. These checks are intended to protect MMG from abusive practices with regard to remote payments. As part of these verification measures, MMG may ask the Customer to send any documents necessary to release the order: proof of identity, proof of residence, proof of debits in the Customer's name, etc. However, no data relating to the Customer's bank card will be requested.
The aim is to ensure that the Customer's identity and address are genuine.
Such requests are sent by e-mail and the Customer must provide these documents to MMG via e-mail in order for the order to be delivered. In the absence of supporting documents or if the documents sent do not enable the identity of the person placing the order and the authenticity of the address to be ascertained, MMG may cancel the order in order to protect the security of online transactions.
Article 5. Delivery
Products purchased on the Website can only be delivered to the following countries: Mainland France, Corsica, Monaco, Belgium, The Netherlands, Luxembourg, Germany, Austria, Switzerland, Ireland, Spain, Italy, Slovakia and Slovenia.
Several methods of delivery are offered:
- delivery via a collection point to the address selected by the Customer from a list provided by MMG (France);
- in-store delivery, subject to certain conditions (France);
- tracked delivery via Colissimo to the delivery address provided by the Customer during the order process (France);
delivery via UPS/DHL/DPD to the delivery address provided by the Customer during the order process (Other countries);
Customers can also choose express delivery (France).
Express delivery, however, can only be made to the delivery address provided by the Customer during the order process. It can not be made in-store or via a collection point.
Shipping costs may vary depending on the destination country and the delivery method chosen:
Delivery charges will be shown on the Customer's order summary before the order is confirmed. This amount will be payable in addition to the price of the Products purchased.
The delivery times depend on the delivery method chosen by the Customer at the time the order is placed:
- for express delivery (only in France), the delivery time is one working day from the date of the order provided that the order was placed before 1pm. Otherwise, the delivery time is two (2) working days.
- for all other delivery methods, the delivery time is a maximum of six (6) working days.
MMG undertakes to respect the delivery times quoted, in accordance with Article L. 216-1 of the French Consumer Code.
Also, in accordance with the provisions of Article L. 216-2 of the French Consumer Code, should delivery not take place within the aforementioned time limits, the Customer may terminate the contract, by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having instructed MMG, in the same way, to make the delivery within a reasonable additional period, the latter has not done so within this period. Any amounts that have been debited from the Customer will be refunded to the same.
In the event that the Customer is not at home at the time of delivery, in the case of home delivery, the delivery driver will leave a calling card in the Customer's letterbox. The Customer must then go and collect it from the address specified on the card (post office).
In the event of an incomplete address, a wrong address, refusal of the parcel by the Customer or lack of information making it impossible to deliver the Product to the Customer on time, MMG cannot be held liable for the final outcome of such a delivery. Should such lack of information result in a second delivery attempt being made to the Customer, MMG shall be entitled to charge the Customer for any costs related to this second delivery.
Receipt of the order:
On receipt of the order, the Customer shall check that the Products received comply with the order. Any discrepancy with regard to the delivery (i.e.: missing or damaged products, damaged parcels) must be notified to MMG customer services within fourteen (14) days of receipt of the Products.
- By email to the following address: firstname.lastname@example.org
Unless the right of withdrawal is exercised in accordance with the conditions set out in Article 6 of the T&Cs or a request is made pursuant to the legal guarantees set out in Article 7 of the T&Cs, any claim made after fourteen (14) days after receipt of the Products shall be considered non-admissible and MMG shall not be held liable.
MMG reserves the right to ask the Customer to return any non-compliant or damaged Product.
Article 6. Right of withdrawal and return
Right of withdrawal under the French Consumer Code:
You have the right to withdraw from this contract without stating reasons within fourteen days. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last item.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (for example, a letter sent by post, fax or e-mail) to 21 rue du Pré Faucon, PAE les Glaisins, 74943 Annecy le Vieux or by telephoning +49 8031 8603034 or by e-mailing email@example.com.
You can use the standard cancellation form at the bottom of this page in Annexe 2, but this is not obligatory.
Subject to compliance with the conditions set out below, MMG shall reimburse a Customer residing in France the total amount of the Products ordered and returned, including delivery costs paid at the time of the order. MMG may delay reimbursement until the Products have been recovered or until the date on which the Customer provides proof that the Products have been returned to MMG. The date of reimbursement shall be the earlier of these two dates. Refunds are made using the same payment method used by the Customer.
MMG is not obliged to reimburse additional costs if the Customer has expressly chosen a more expensive method of delivery than the standard method of delivery offered by MMG.
Extension of the legal withdrawal period by MMG:
As part of its sales policy, MMG has chosen to extend the aforementioned legal period of fourteen (14) days by an additional sixteen (16) days.
Consequently, the Customer has a period of thirty (30) calendar days from the date of receipt of the order to inform MMG that he/she is exercising his/her right of withdrawal.
In order to ensure compliance with the withdrawal period, simply submit your notification that you are exercising your right of withdrawal before the expiry of the withdrawal period. You must return or send back the goods to Millet, to the address provided by the Customer Service Department, without undue delay and, in any event, no later than fourteen days after you have announced your decision to withdraw from this contract. This period shall be deemed to have been respected if you return the goods before the expiry of the sixteen-day period.
Should you withdraw from this Contract, we will refund all payments received from you, including delivery charges (except for any additional charges arising from your choice of a delivery method other than the cheapest standard delivery method offered by us) without undue delay and, in any event, no later than sixteen days from the day we are informed of your decision to withdraw from this contract. We will issue the refund using the same payment method that you used for the original transaction, unless you expressly agree to a different method, in which case such refund will not incur any charges to you. We may delay the refund until we have received the goods or until you have provided proof that you have returned the goods, whichever comes first.
You are only liable for any loss in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.
Article 7. Legal warranties
The Products sold by MMG are covered by the legal guarantee of conformity as set out in Articles L. 217-4 to L. 217-12 of the French Consumer Code and the legal guarantee against hidden defects of the item sold in accordance with the conditions set out in Articles 1641 to 1648 and 2232 of the French Civil Code, provided that they have been used in a normal manner and that the care advice has been followed by the Customer.
These articles are shown in Annexe 1 below in accordance with the provisions of Article L. 217-15 of the French Consumer Code.
7.1 Legal guarantee of conformity
In accordance with Articles L. 217-1 et seq. of the French Consumer Code, MMG guarantees the conformity of the Products sold.
When invoking the legal guarantee of conformity, the Customer:
- has a period of two (2) years from the date of delivery of the goods to act;
- may choose between repair or replacement of the goods, provided that this choice does not entail a manifestly disproportionate cost for MMG with respect to the other option, taking into account the value of the goods and the significance of the defect. In such a case, MMG must implement the option not chosen by the Customer, unless this is impossible. The Customer is not required to provide proof of the existence of the Product's lack of conformity for a period of twenty-four (24) months following the delivery of a new Product and six (6) months following the 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 fit for the purpose usually expected of a similar item or that it does not have the characteristics mutually agreed upon by the parties.
This legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
The Products sold are covered by legal guarantees provided that they have been used in a normal manner and that care advice has been followed.
This guarantee does not cover damage resulting from misuse of the Product or normal wear and tear caused by use. In order to be able to make a claim under the Product guarantee, you must keep the purchase invoice for the Product as well as the delivery note.
For all Product returns and after-sales service, the return procedure must be initiated by the Customer via their customer account in the "My Orders" section, then by submitting a "Return Request".
7.2 Guarantee against hidden defects
The Customer may also choose to invoke the legal guarantee against hidden defects in the Product sold in accordance with Article 1642 of the French Civil Code, due to a defect in the design or manufacture of the Product that renders it unfit for the use for which it was intended, excluding any negligence or fault on the part of the Customer. The latter may then choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the French Civil Code.
Article 8. Intellectual property
All documents, textual information, graphics, images, photographs or any other content published on the Website are the exclusive property of MMG and are exclusively reserved for the use of MMG. Consequently, they may not be copied, utilised or used for any other purpose whatsoever.
Article 9. Customer Service
You can contact Customer Service free of charge by e-mail or by phone if you have any questions about your order, delivery or tracking:
- By phone: Internet Customer service: +49 8031 8603034
Monday to Friday from 2pm to 5pm.
- By email: firstname.lastname@example.org
Article 10. Liability - Force Majeure
MMG cannot be held liable for any event, inconvenience or damage arising from the use of the Internet network, in particular in the event of any service disruption, outside access or the presence of computer viruses.
Furthermore, MMG cannot be held liable for non-fulfilment of the contract entered into in the event of an unforeseen event, force majeure, disorder or total or partial strike, in particular involving the postal services and transport and/or communications services, flooding or fire. MMG accepts no liability for any indirect damage as a result of this agreement, including for any loss of business, loss of profit, damage or costs that may arise.
Article 11. Applicable law - Disputes - Mediation
The contract entered into between MMG and the Customer shall be governed by French law. Nevertheless, the application of French law to the T&Cs does not have the effect of depriving Customers residing outside of French jurisdiction of more favourable national provisions which may be applicable to them.
In the event of a complaint regarding an order or more generally in the event of a dispute with MMG, the Customer may file a complaint with Customer Services.
In accordance with the provisions of the French Consumer Code regarding the amicable settlement of disputes, MMG is a member of the FEVAD (Federation of e-commerce and distance selling) e-commerce Ombudsman which has the following contact details: 60 Rue La Boétie – 75008 Paris – https://www.mediateurfevad.fr. Following a prior written request by the consumer to MMG Customer Services, the Ombudsman may be contacted regarding any consumer dispute that has not been successfully resolved.
To find out how to take a complaint to the Ombudsman, click here: https://www.mediateurfevad.fr/index.php/espace-consommateur-2/.
The parties to the contract shall remain free to accept or refuse the use of mediation and, if mediation is used, to accept or refuse the solution proposed by the mediator.
The Customer may also present any complaints via the dispute resolution platform made available online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/. The European Commission will forward the Buyer's complaint to the relevant national ombudsman.
In any event, the parties may refer the matter to any competent court.
ANNEXE 1: RELATING TO LEGAL GUARANTEES
● Article L. 217-4 of the French Consumer Code: “The seller is obliged to deliver goods that conform to the contract and is liable for any non-conformity existing at the time of delivery. He is also liable for any non-conformity resulting from the packaging, assembly instructions or installation when this has been entrusted to him under the contract or has been carried out under his responsibility".
● Article L. 217-5 of the French Consumer Code: "The goods conform to the contract:
1° If they are fit for the purpose ordinarily expected of similar goods and, where applicable:
- if it corresponds to the description given by the seller and has the features which the seller presented to the buyer in the form of a sample or model;
- if it has the features that a buyer may legitimately expect in the light of public statements made by the seller, by the manufacturer or by his representative, in particular in advertisements or labelling;
2° Or if it has the features mutually agreed upon by the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and approved by the latter".
● Article L. 217-12 of the French Consumer Code: "Any action brought as a result of non-conformity shall be time-barred after two years from the date of delivery of the goods".
● Article L. 217-16 of the French Consumer Code: "Should the buyer ask the seller, during the course of the commercial warranty granted at the time of the purchase or repair of a movable property, for a repair covered by the warranty, any period of non-use lasting at least seven days shall be added to the remaining term of the warranty.
This period shall run from the date of the buyer's request for assistance or from the date on which the goods in question are made available for repair, if such availability is subsequent to the request for assistance”.
● Article 1641 of the French Civil Code: "The seller is liable under the guarantee against hidden defects in the item sold which render it unfit for the intended purpose, or which so diminish that purpose that the buyer would not have purchased the same, or would only have paid a lower price for it, if he had known about such defects".
● Article 1648 para 1 of the French Civil Code: “Action due to redhibitory defects must be brought by the purchaser within two years from the discovery of the defect".