ARTICLE 1: GENERAL
1.1 These General Conditions of Sale (C.G.V.) are applicable to sales made by:
The head office :
160 allée Frederic Desmons
30 000 NIMES
Phone: 01 40 13 91 19
SAS with a capital of 10 000 euros
RCS Nimes 891 941 700
CNIL declaration number: 1284832
to its customers, hereinafter referred to as "the Buyer".
ARTICLE 2: APPLICATIONS OF THE GENERAL CONDITIONS OF SALE
2.1 The general conditions of sale (the "GTC") detailed below apply to all orders for products and services placed via the Site (the "Products") with SAS LAUREPLUSMAX by any person ("the Buyer" ).
2.2 The Purchaser must be aware of the GTC prior to any order ("Orders"), the GTC being available on the Site.
2.3 SAS LAUREPLUSMAX reserves the right to adapt or modify these T & Cs at any time. The version of the GTC applicable to any sale is the one appearing online on the site www.almaeparis.com at the time of the Order. Consequently, the fact of placing an Order requires the entire prior acceptance and, without reservation, of the GTC by the Purchaser by clicking on the button "I accept the Terms and conditions".
ARTICLE 3: SITE INFORMATION AND SITE ACCESSIBILITY
3.1 www.laureplusmax.com is an e-commerce site which is owned and operated by SAS LAUREPLUSMAX.
3.2 The Site is accessible to all users of the Internet network in principle 24 / 24h, 7 / 7d, except interruption, scheduled or not, by SAS LAUREPLUSMAX or its service providers, for the needs of its maintenance and / or security or in the event of force majeure (as defined below). SAS LAUREPLUSMAX cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
3.3 SAS LAUREPLUSMAX does not guarantee that the Site will be free from anomalies, errors or bugs, or that the Site will operate without breakdown or interruption. In this regard, he can freely and at his own discretion determine any period of unavailability of the Site or its content. SAS LAUREPLUSMAX can also not be held responsible for data transmission problems, connection or unavailability of the network.
3.4 SAS LAUREPLUSMAX reserves the right to change the Site for technical or commercial reasons. When these changes do not substantially and negatively alter the conditions for the provision of services, the Purchaser may be informed of the changes made, but his acceptance is not sought.
ARTICLE 4: PRODUCTS
4.1 The Products offered for sale are those described on the Site on the date of consultation of the Site by the Purchaser, within the limit of available stocks. These indications are automatically updated in real time. However, an error in the update, whatever its origin, does not engage the responsibility of SAS LAUREPLUSMAX. As such, SAS LAUREPLUSMAX can not be held responsible for the cancellation of an Order for a Product due to exhaustion of stocks.
4.2 SAS LAUREPLUSMAX takes the greatest care in the presentation and description of its Products to best meet the Buyer's information. However, it is possible that errors may appear on the Site, which the Buyer recognizes and accepts.
4.3 SAS LAUREPLUSMAX does not guarantee the accuracy or security of information transmitted or obtained by means of the Site.
4.4 It is possible that the Purchaser receives as a result of an Order a part previously returned by another person. It is specified that SAS LAUREPLUSMAX only accepts the return of undamaged and unworn Products, these two conditions being checked before returning the returned Products to stock.
ARTICLE 5: ORDERS
.1 The taking of Orders on the Site is subject to compliance with the procedure put in place by SAS LAUREPLUSMAX on the Site comprising successive steps leading to the validation of the Order.
5.2 The Buyer can select as many Products as he wishes which will be added to the basket (the "Basket"). The Basket summarizes the Products chosen by the Buyer as well as the prices and related costs. The Buyer may freely modify the Basket before validating his Order. Confirmation of the Order constitutes confirmation of the Buyer's acceptance of the T & Cs, the Products purchased, their price and the associated costs.
5.3 A confirmation email summarizing the Order (Product (s), price, availability of Product (s), quantity, etc.) will be sent to the Buyer by SAS LAUREPLUSMAX. For this purpose, the Buyer formally accepts the use of electronic mail for confirmation by SAS LAUREPLUSMAX of the content of his Order.
ARTICLE 6: REFUSAL TO PROCESS AN ORDER
6.1 SAS LAUREPLUSMAX reserves the right to withdraw any Product displayed on the Site at any time and to replace or modify any content or information appearing on the Site. Despite SAS LAUREPLUSMAX's best efforts to meet the expectations of its customers, the latter may have to refuse to process an Order after sending the Buyer the confirmation email summarizing the Order.
6.2 SAS LAUREPLUSMAX cannot be held responsible towards the Buyer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or the refusal to process an Order after sending the confirmation email summarizing the Order.
6.3 SAS LAUREPLUSMAX also reserves the right to refuse or cancel an Order from a Buyer with whom it has a dispute over the payment of a previous order.
ARTICLE 7: PRICE AND TERMS OF PAYMENT
7.1 The prices of the products are indicated on the Site in euros including VAT, but excluding shipping costs, customs charges and other taxes. All orders are invoiced and payable in euros only.
7.2 All prices displayed are calculated and include value added tax (VAT). In the event of specific shipping, particularly for shipments outside mainland France, additional shipping costs will be applied to the Buyer.
7.3 For any delivery outside mainland France, any customs charges or local taxes must be paid by the Buyer directly to the carrier. 7.4 SAS LAUREPLUSMAX reserves the right to modify its prices at any time but the Products will be invoiced on the basis of the rates in effect at the time of registration and payment of the Order, subject to availability.
7.4 The Products are payable in cash upon the actual Order.
7.5 Payment for purchases is made by credit card via the SAS LAUREPLUSMAX secure site. SAS LAUREPLUSMAX uses the SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted by software and that no third party can become aware of it during transport over the Internet.
7.6 The Buyer expressly acknowledges that the communication of his bank card number to SAS LAUREPLUSMAX constitutes authorization to debit his Account up to the price of the Products ordered. Where applicable, an Order cancellation notification for non-payment is sent to the Buyer by SAS LAUREPLUSMAX to the email address provided by the Buyer when placing his Order on the Site.
7.7 The data recorded and kept by SAS LAUREPLUSMAX constitutes proof of the Order and of all past sales.
ARTICLE 8: DELIVERY
8.1 Deliveries are made by UPS or La Poste, from Monday to Friday.
8.2 Delivery means the transfer to the Buyer of physical possession of the Products (the "Delivery").
8.3 The Delivery costs applicable to the Order are those mentioned on the Site at the time of the Order.
8.4 When SAS LAUREPLUSMAX takes care of the delivery of the Product, the risk of loss or deterioration of the
8.5 Product is transferred to the Buyer at the time of Delivery.
8.6 Exceptionally, the risk is transferred to the Buyer upon handing over the Product to the carrier when the latter is responsible for transport by the Buyer and not by SAS LAUREPLUSMAX.
8.7 Delivery is made to the delivery address indicated by the Buyer, it being specified that this address must be the residence address of the Buyer, of a natural person of his choice or of a legal person ( delivery to his company). Delivery cannot be made to hotels or PO boxes.
8.8 If it is impossible to make the Delivery, due to an incorrect delivery address, no reshipment can be made and the Buyer will be refunded within five (5) days of receipt of the Order by SAS LAUREPLUSMAX.
8.9 SAS LAUREPLUSMAX delivers the Orders within a maximum period of principle of twelve (12) working days for a Delivery in Metropolitan France and twenty (20) working days for an international Delivery, this period being counted from the first working day after the confirmation of the order. The day after a collection is put online, the delivery time may be increased by ten (10) days, given the large and exceptional volume of Orders.
8.10 In order for these deadlines to be met, the Purchaser must ensure that they have provided exact and complete information concerning the Delivery address (such as, in particular: street, building, staircase, codes access, names and / or intercom numbers, etc.).
8.11 SAS LAUREPLUSMAX cannot be held responsible for the delay in delivery that is not its fault or justified by a case of force majeure (as defined below).
8.12 In the event that the Delivery period is exceeded, the Buyer may request the cancellation of the sale and obtain, within a maximum period of fourteen (14) days of his request for this purpose, the reimbursement of the sums paid on the occasion of the Ordered. Notwithstanding the foregoing, SAS LAUREPLUSMAX cannot be held responsible for the harmful consequences resulting from a delay in delivery, only the reimbursement of the Product by SAS LAUREPLUSMAX being possible to the exclusion of any other form of compensation.
ARTICLE 9: RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS
9.1. Deadline and modalities for exercising the right of withdrawal:
9.1.1 In accordance with article L.221-18 of the Consumer Code, the non-professional Purchaser has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal. with SAS LAUREPLUSMAX, without having to justify its decision.
9.1.2 The right of withdrawal can be exercised by sending a withdrawal request by post to the following address: SAS LAUREPLUSMAX - OTL Service retour - 160 Allée Frederic Desmons - 30000 Nimes, France, or by email at email@example.com
9.2. Terms of return of the Order under the right of withdrawal
9.2.1 The right of withdrawal is exercised without penalty.
9.2.2 The Buyer returns the Order without undue delay and, at the latest, within fourteen (14) days of communicating his decision to withdraw in accordance with Article L. 221-21 of the Consumer Code.
9.2.3 Beyond this period of fourteen (14) days, the sale is firm and final. The Products must be returned in their original packaging, in their original condition, new, unworn, unwashed, accompanied by a copy of the invoice.
9.2.4 The risks of returning the Products remain the responsibility of the Buyer.
9.3. Reimbursement of returned Products under the right of withdrawal
9.3.1 The refund of the Order by SAS LAUREPLUSMAX is made at the latest within fourteen (14) days from the date on which it is informed of the Buyer's decision to withdraw.
9.3.2 However, reimbursement is made subject SAS LAUREPLUSMAX thaving been able to recover the Products subject to the return and the reimbursement request.9.3.3 In the absence of compliance by the Buyer with these GTCS, SAS LAUREPLUSMAX will not be able to reimburse the Products concerned. In all cases, the return costs are the responsibility of SAS LAUREPLUSMAX if the Product delivered to the Buyer is different from the Product ordered or if it is delivered damaged.
ARTICLE 10: GUARANTEES - LIMITATION OF LIABILITY
10.1 The liability of SAS LAUREPLUSMAX with regard to any Product purchased on the Site is strictly limited to the purchase price of the latter. SAS LAUREPLUSMAX will in no way be responsible for the following losses, regardless of their origin:
- loss of income or sales
- operating loss
- loss of profits or contracts
- loss of expected savings
- data loss
- loss of working or management time
- image damage
- loss of chance, and in particular to order a Product,
- moral damage.
10.2 The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, express or implied, with the exception of the guarantees provided for by law.
10.3 SAS LAUREPLUSMAX does not provide any guarantee concerning any damage which could be caused by the transmission of a computer virus, a worm, a time bomb, a Trojan horse, a cancelbot, a bomb logic or any other form of programming routine designed to damage, destroy or otherwise deteriorate a functionality of a computer or interfere with the proper functioning of the same, including any transmission resulting from a download of any content made by the Purchaser, software used by the latter to download the content, from the Site or from the server that allows access to it. In this regard, the Buyer acknowledges that it is his responsibility to install anti-virus and appropriate security software on his computer hardware and any other device in order to protect them against any bug, virus or other programming routine. of this order proving harmful.
10.4 The Buyer acknowledges that he assumes all the risks associated with any content downloaded or obtained in any other way through the use of the Site and agrees that he is solely responsible for any damage caused to his computer system or any loss of data resulting from downloading this content.
10.5 SAS LAUREPLUSMAX is only required to deliver Products that comply with the contractual provisions. The Products are considered to be in conformity with the contractual provisions if the following conditions are met: (i) they must conform to the description and have the characteristics set out on the Site; (ii) they must be suitable for the purposes for which products of this type are generally designed; (iii) they must meet the quality and resistance criteria which are generally accepted for products of the same type and which can be reasonably expected.
10.6 In addition, SAS LAUREPLUSMAX guarantees consumers against lack of conformity and hidden defects for the Products for sale on the Site under the following conditions:
Apparent defect - Guarantee - Legal compliance - Hidden defects
10.7 The presence of an apparent defect in a Product must give rise to a complaint by email (firstname.lastname@example.org) 10.8 The Purchaser must comply with the procedure relating to the right of withdrawal by informing SAS LAUREPLUSMAX in advance by any means of the existence of this apparent defect, so that the return can be accepted.
10.9 Subject to the validation of a non-conformity or a hidden defect by SAS LAUREPLUSMAX, the Buyer benefits from the following guarantees: SAS LAUREPLUSMAX whose registered office is at 160 Allée Frédéric Desmons - 30000 Nimes, France, acts in as guarantor within the meaning of the provisions of articles L 217-5 and following of the Consumer Code and 1641 and following of the Civil Code.
Thus the Buyer:
- has a period of two (2) years from the delivery of the Product to act in lack of conformity of the Product,
- is exempt from providing proof of the existence of the lack of conformity of the goods during the six (6) months following delivery of the Product,
- can choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
10.10 The legal guarantee of conformity applies independently of the commercial guarantee described below.
10.11 In addition, the Buyer may also implement the legal guarantee for hidden defects in the item sold, within the meaning of articles 1641 and following of the Civil Code. The legal guarantee against hidden defects allows the Buyer, within two years from the discovery of the defect, to reimburse a Product which has proved to be unfit for its use.
10.12 The warranty against hidden defects allows the Buyer to be protected against hidden defects of the Product purchased and which prevent its use or affect it to such an extent that the Buyer would not have purchased it.
The Buyer then has the choice between two options: keep the Product and request a reduction in the price, or return the Product and request reimbursement of the price paid, in accordance with Article 1644 of the Civil Code.
10.13 In order to implement these guarantees, the Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial Order and a copy of the claim to the head office of SAS LAUREPLUSMAX, after sending an email indicating the reason for the return of the Product.
10.14 For all practical purposes, the following legal provisions are recalled:
Art. L217-4 of the Consumer Code: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility. "
Art. L217-5 of the Consumer Code: "The good complies with the contract: 1 ° If it is suitable for the use usually expected of a similar good and, if applicable (a) if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; (b) if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or his representative, in particular 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, brought to the attention of the seller and which the latter has accepted. "
Art. L217-7 of the Consumer Code: “Lacks of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods sold, this period is set at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. "
Art. L217-8 of the Consumer Code: “The buyer is entitled to demand that the goods conform to the contract. However, he cannot dispute the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials which it itself supplied. "
Art. L217-9 of the Consumer Code: “In the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. "
Art. L217-10 of the Consumer Code: “If the repair and replacement of the good are impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned. The same option is open to him: 1 ° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2 ° Or if this solution cannot be without major inconvenience for the latter taking into account the nature of the good and the use he seeks. The resolution of the sale cannot however be pronounced if the lack of conformity is minor. "
Art. L217-11 of the Consumer Code: “The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages. "
Art. L217-12 of the Consumer Code: “The action resulting from the lack of conformity lapses two years after delivery of the goods. "
Art. L217-13 of the Consumer Code: “The provisions of this section do not deprive the purchaser of the right to bring an action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extracontractual nature which is recognized by law. "
Art. 1641 of the Civil Code: "The seller is bound by the guarantee on account of the hidden defects of the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. acquired, or would have given only a lower price, if he had known them. "
Art.1642 of the Civil Code: “The seller is not liable for apparent defects of which the buyer has been able to convince himself. "
Art. 1643 of the Civil Code: “He is liable for hidden defects, even if he would not have known them, unless, in this case, he has stipulated that he will not be bound by any guarantee. "
Art. 1643 of the Civil Code: “He is liable for hidden defects, even if he would not have known them, unless, in this case, he has stipulated that he will not be bound by any guarantee. "
Art. 1644 of the Civil Code: “In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price returned, or keeping the item and having part of the price returned. "
Art. 1646 of the Civil Code: “If the seller was unaware of the defects of the thing, he will only be required to return the price, and to reimburse the purchaser for the costs incurred by the sale. "
Art. 1648 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. (…) "
10.15 Force Majeure:
In the event of the occurrence of an event of force majeure preventing the execution of these GTCS, SAS LAUREPLUSMAX informs the Purchaser within fifteen (15) days of the occurrence of this event, by email or by registered letter. with acknowledgment of receipt. Expressly, are considered as force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other industrial actions or disputes. commercial, civil unrest, insurgency, war, act of terrorism, inclement weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes in forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal performance of the contractual relationship. All the obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of SAS LAUREPLUSMAX or the Purchaser without compensation on either side. Failure to pay by the Purchaser cannot be justified by a case of force majeure.
ARTICLE 11: PARTIAL INVALIDITY
If one or more stipulations of these GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
ARTICLE 12: NON-WAIVER
No tolerance, inaction or inertia of SAS LAUREPLUSMAX can be interpreted as a waiver of its rights under the terms of the GTC.
ARTICLE 13: APPLICABLE LAW
The sale of the Products is subject to French law.
ARTICLE 14: PERSONAL DATA
All the information in your Account is only used in the context of your commercial relationship with www.almaeparis.com. This information is never shared with third parties or resold. Finally, your banking information is never in our possession.