General terms and conditions of sale, legal notice
SALES CONDITION
Preamble
This site is operated L&C Workshop SARL (hereafter Lamp & Co or the Vendor), having its registered office at 16, avenue Jean Jaurès – 77250 Moret sur Loing (France) and registered with the register of commerce and companies of Melun under number 881 557 805.
The present general conditions of sale apply to all the orders placed with the Lamp & Co company for the whole of the articles and services proposed by the www.lampandco.com site by natural persons not business persons. Consequently, the fact for any person ordering a product offered on sale on the Internet site of Lamp & Co implies full and complete acceptance of these general conditions of sale that the Customer recognizes having been aware of before his order.
Lamp & Co reserves the right to modify at any moment the present general sales conditions. Nevertheless, the General Sales Conditions applicable to the order placed by a Customer on the Site of Lamp & Co are those accepted by the Customer at the time of placing the order.
Article 1 : Integrality
The present General Conditions define the entirety of the obligations of the various parties. In this sense, the Customer is considered to accept without reserve the entirety of the provisions envisaged under these general sales conditions. Lamp & Co is for its part committed to respecting its role of retailer within the framework of the aforesaid conditions.
Article 2 : Object
The present General Conditions have the aim of defining the rights and obligations of the various parties within the framework of the online sale of goods and services proposed by the Lamp & Co to the Customer, from the order to the delivery, including payment and the use of services made available by Lamp & Co.
Article 3 : Field of application
The present General Conditions govern the sale of the products on the day of the placing of the order by the customer. They apply to all modes of placing of orders proposed by Lamp & Co, whether the order is placed by Internet or telephone.
Article 4 : Order
CAPACITY TO ENTER INTO CONTRACT
Every Customer of the Lamp & Co company declares that he has the capacity to enter into a contract on the conditions described hereafter, i.e. to be an emancipated minor or have reached legal majority and not to be protected within the meaning of article 488 of the French Code Civil.
Lamp & Co reserves the right to refuse any order by a Customer with whom there exists, or which appears during processing, a dispute, in particular a dispute over payment.
ACCEPTANCE OF THE CONDITIONS BY THE CUSTOMER
The present Conditions can be read directly on the www.lampandco.com site. On simple request of the Customer, they can also be sent by electronic mail.
The act of the Customer’s ticking the box “I accept the general sales conditions”, before proceeding to secure payment, constitutes an irrevocable acceptance, which can only be called into question in the extreme cases, envisaged under the present general sales conditions under the paragraph “right of retraction”. The Customer accepts by this act to having read and understood the present Conditions and to accept them.
The purchase by telephone also implies the acceptance of these Conditions, which he recognizes to have read beforehand, and to have understood and accepted the conditions mentioned above.
PLACING OF AN ORDER
The individual Customer can place his order at Lamp Co by Internet 24 hours a day, 7 days a week, or by telephone from Monday to Friday from 10am to 6pm.
Once product selection has been carried out, and the basket validated, the Customer must:
- clearly identify the products selected with the options of colors, sizes,… indicated on the www.lampandco.com site;
- indicate the quantities requested if needed;
- identify himself, either by entering his Customer number and password which are strictly personal to him, or by giving all the information usually requested for an online inscription;
- indicate clearly information necessary for the delivery. This relates in particular to the precise address of delivery, as well as possible restrictions of accessibility of the place of delivery (building, floor, door-codes, etc);
- indicate the selected mode of delivery;
- indicate the selected mode of payment.
- finally, read and accept the general sales conditions .
- validate the order by clicking on the “I order” button.
He will then proceed with payment of the order, which will formalize the sales contract with Lamp & Co in a firm and final manner.
Every order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and guarantees mentioned below.
In every case the final validation of the order by the Customer will constitute proof of the order and current liability for the sums for the products selected in the order. This validation constitutes signature and acceptance of all the operations carried out on the www.lampandco.com site.
CONFIRMATION OF ORDER
An email is automatically sent to the customer in order to confirm the order provided that the email address indicated in the inscription form does not contain an error. The Customer must check the completeness and conformity of the information which he provides to Lamp & Co. The latter cannot be held responsible for possible errors of data-entry and the consequences in terms of delay or delivery error. In this context, all the expenses engaged for resending will be the responsibility of the Customer.
FOLLOWING OF THE ORDER
The Customer can at any moment check the status of his order by consulting the heading “My account” on the www.lampandco.com site. This following of the order makes it possible for the Customer to know the stage of processing of his order, but also the stage of sending or delivery of his parcels. This last following of delivery is carried out with the deliverers’ Internet interface. Lamp & Co thus cannot be held accountable for the unavailability or errors that may affect the information supplied by its transporters. Lamp & Co endeavors nevertheless to make this information as clear as possible and to make the transport as reliable as possible with its transporters. The Customer can at any moment contact the sales department of Lamp & Co in order to be informed of the stage of his order.
Article 5: Information on the products
CHARACTERISTICS OF THE PRODUCTS
The information, characteristics, photographs and graphics presented on the sites or in the emails sent by Lamp & Co are given only on a purely indicative basis. Lamp & Co tries to be as precise as possible when describing the items and tries to show every little flaw an item may have. However, the difference in perception of the forms and the colors between the photographs or graphics presented and the products cannot engage the responsibility of Lamp & Co. Lamp & Co will make its best efforts to ensure that the photographic representation of the products on the www.lampandco.com site is as faithful as possible. It is nevertheless possible that the perception of the products does not correspond completely to the products. The products are sometimes presented in photographs with other products. The description will mention what does or does not form part of the product.
Lamp & Co will not accept any responsibility for any indirect loss connected to present facts, in particular, with regards to a trading loss, loss of profit, loss of opportunity, damage or expenses, which may occur because of the purchase of the products. Lamp & Co cannot be held responsible for any losses of data, files or of the damage defined in the preceding paragraph.
AVAILABILITY OF THE PRODUCTS
Lamp & Co is committed to delivering the orders received only within the limit of the stocks of the product available. In the absence of availability of a product or products, Lamp & Co is committed to informing the Customer as quickly as possible. Availability can vary during the same day according to the level of sales. Lamp & Co carries out very frequent updates of availabilities, but cannot be held responsible if the stock is no longer the same as that which is indicated. More precise information can be given to the Customer by telephone and email.
The unavailability of a product is mentioned on the product page concerned or in the shopping basket summary. Thus, Products may appear with the mentions such as “in stock” or “not available” etc.
No cancellation penalty will be applied for an order cancellation. No cancellation compensation (other than the full repayment of the Order) can be demanded, such an unavailability having resulted from a delay in updating this unavailability.
Lamp & Co cannot be held accountable for the non-fulfillment of an agreed contract in the case of the product being out-of-stock or unavailable, of causes beyond control, of disruptions caused by partial or all-out strikes, in particular of the postal services, transport, and communications, flooding and fires.
Article 6: Prices
Prices are indicated in Euros and are applicable only on the date of the confirmation of order sent by the Customer.
The prices posted on the site are likely to be modified constantly.
The prices do not take account of delivery charges, possible promotional offers and personal reductions, which will be indicated before the final confirmation of the order.
The prices do not include taxes (Special arrangements – second-hand goods, antiques and collector’s items ).
However the prices cannot be modified once the Customer has placed his order. In the same way, if one or more taxes or contributions, in particular environmental tax is suddenly created or modified, whether it rises or falls, such a change will be reflected in the selling price of the articles present on the www.lampandco.com site.
Orders for delivery to countries outside the European are subject to possible taxes and customs fees in the destination country. The prices are shown without taxes. The customer is also responsible for verifying the possibilities of importing ordered items with respect to the governing laws of the destination country. We recommend the customer contact their local customs authorities for further information?
Article 7: Payment
MEANS OF PAYMENT
Lamp & Co offers different payment methods: credit card, Paypal and bank transfer. French residents may also pay by check.
The Customer guarantees Lamp & Co that he has the necessary authorization to use the mode of payment chosen by him, during the confirmation of the purchase order.
If the Client chooses to pay with Paypal or by credit card he will proceed with payment of his order on the secure servers of Paypal or Stripe. If he chooses to pay using a secure bank transfer, he will receive by email Lamp & Co’s IBAN to be able to proceed with the transfer. If he chooses to pay by check, he will receive an email confirming the order and the address in Moret sur Loing where he will have to send his check.
Lamp & Co reserves the right to suspend the processing and delivery in the case of a payment authorization by bank card being refused by officially accredited organizations or in the case of non-payment. Lamp & Co notably reserves the right to refuse to process and deliver an order placed by a client who has not paid in total a previous order, or with whom a dispute over payment has still not been settled.
INVOICE
The purchase order which the Customer creates online or the confirmation of the order sent by email to the Customer by Lamp & Co does not act as an invoice. The Customer has the original of the invoice in his online account. The invoice does not come with the parcel.
Lamp & Co preserves an electronic example of each invoice.
In the case of a delivery to an address different from the billing address, the invoice is available in the Customer’s online account.
TRANSFER OF PROPERTY
Lamp & Co remains owner of the Products delivered until their complete payment by the Customer. The provisions above do not prevent the transfer to the Customer of the risks of loss or deterioration of the Products during delivery as well as of the damage which they could cause.
Article 8: Delivery
DELIVERY ZONES
The geographical area of delivery for items from the Lamp & Co boutique is as follows:
- Metropolitan France, Corsica, Monaco;
- Europe;
- Rest of the world : The Customer can contact the Lamp & Co customer services to have more information on delivery conditions to a specific country in the world.
DELIVERY SERVICES
Products are delivered to the address indicated by the Customer on the purchase order. The Customer must check the exhaustiveness and the conformity of the information which he provides to Lamp & Co. The latter cannot be held responsible for possible errors of data entry and the consequences in terms of delay or delivery error. In this context, all expenses engaged for the reforwarding of an order will be entirely the responsibility of the Customer.
Lamp & Co cannot be held responsible for delivery delays because of errors or disruptions due to transporters (including in particular in the event of a partial or all- out strike in particular of the mail services, transport and communications).
DISPATCHING TIMES
Orders placed online via the www.lampandco.com site are dealt with each day from Monday to Friday, except public holiday. Lamp & Co does its utmost to treat and dispatch any order within 2 business days, nevertheless the preparation and processing time of an order may be lengthened according to articles, and may require 2 to 5 business days. As of reception of the dispatch confirmation email, the Customer can take into account the transportation times mentioned below. Lamp & Co informs its Customers that these delivery times do not include Saturdays, Sundays and public holidays.
An email is automatically sent to the Customer at the time of dispatch of the Products if the email address provided does not contain any error.
TRANSPORT TIMES
Transport times depend on the transporter chosen by the Customer and the place of delivery.
Lamp & Co informs Customers of the delivery times on a purely indicative basis, as given by the chosen transporter. Transport charges are given as an indication (for Metropolitan France) at the moment of going to the shopping basket and are confirmed definitively according to the means of transport and the destination of delivery chosen, before the final confirmation of the order.
Lamp & Co informs its Customers that these delivery times do not include Saturdays, Sundays and public holidays.
DELIVERY TIMES
If the products are available, the delivery period is equal to the dispatching time (dispatching times paragraph) plus transport time (transport times paragraph).
If it happens that initial delivery times cannot be met, a new delivery time will then be communicated to the Customer, according to the information available to Lamp & Co. In this case, an option for the cancellation of the order, with a refund or a credit, will be also made to the Customer.
DELIVERY METHODS IN METROPOLITAN FRANCE
Standard delivery by Colissimo (usual delivery time of 48h)
This method of delivery makes it possible for the Customer to receive his parcel within 48 hours as from dispatch thanks to La Poste Colissimo service (excluding processing and preparation time for the order which can take from 1 to 2 days). Deliveries are carried out from Monday to Saturday morning, excluding public holidays. The charges involved for this option depend on the total weight and volume of the ordered articles. The parcel is dealt with by La Poste and is delivered upon being signed for at the delivery address indicated by the Customer. In the event of absence at the moment of delivery, a delivery notice will be left at the address of delivery indicated by the Customer, allowing him to collect his parcel from the nearest post office. The parcels are held at the post office for 15 calendar days. In the event of non withdrawal within the time limits allowed by the transporter, the products will be returned to Lamp & Co which reserves the right to refund the price of the products, with transport costs being at the charge of the Customer.
Delivery to and around Paris.
If the Client lives in Paris or around Paris, Lamp & Co can organize a delivery for a minimum fee of 40 €, depending on the items ordered.
Specialised carrier after quote (France).
For larger packages we call upon specialised carriers after quote. The price willdepend on the items to ship and the address to deliver them to. When your order requires a quote, the delivery times may be longer, sometimes up to several weeks depending on the delivery address and the carrier’s schedule. However you will be notified of the delivery dates before the settlement.
METHODS OF DELIVERY OUTSIDE METROPOLITAN FRANCE
Standard delivery by Colissimo
In Europe and abroad, delivery is carried out via Colissimo. The charges involved depend on the country of destination, and the total weight and volume of the selected articles. The charges and delivery times are indicated to the Customer before the final validation of his order.
Specialised carrier after quote (Europe).
For larger packages we call upon specialised carriers after quote. The price will depend on the items to ship and the address to deliver them to. When your order requires a quote, the delivery times may be longer, sometimes up to several weeks depending on the delivery address and the carrier’s schedule. However you will be notified of the delivery dates before the settlement.
Specialised carrier after quote (rest of the world).
Lamp & Co does his best to find delivery options for larger items, but the prices offered are often off-putting (ex : 2000€ for a single bamboo bed to the USA) and sometimes there is no offer at all.
If the Client has a solution, he will be able to organize the transport.
PACKAGING
The products are packaged so as to respect the standards of transport in force, and to ensure an optimal protection of the products during their delivery. It is requested from the Customer to respect these same standards in the case of a product being returned because of after-sales service or for reasons of suitability. Any damage noted to a product arising from the product not being repackaged properly may lead to an only partial refund, or no refund in the event of the impossibility of resale in its state or in the event of a technical problem indicated having been worsened.
RESPONSIBILITY OF THE CUSTOMER TO CHECK PARCELS UPON RECEPTION
Lamp & Co reminds customers that it is the responsibility of the Customer to inspect his parcels upon reception in the presence of the deliveryman and to notify the transporter as well as Lamp & Co company of any anomaly (bumps, damage to the parcel, delivery date not conforming to normal times of the parcel delivery…) within two working days. In the case where such elements are not noted on the delivery slip presented to the Customer by the transporter, no complaint related to the state of the parcel can be accepted a posteriori by Lamp & Co.
DELAYS IN DELIVERY RELATED TO THE TRANSPORTER
In the case of a delay in delivery compared to the times announced by the transporters, the Customer must contact by priority the transporter, or its distribution office in the case of the French post office, to see whether the parcel is not about to be dispatched. If the need arises, the Customer must contact Lamp & Co Customer Services by telephone or email in order to create a file of contention or start an investigation to carry out a search for the parcel.
It can happen that parcels are mislaid by transporters. The times given by transporters require that the Customer declares the loss in the 10 days following the reception of the dispatch notice sent by Lamp & Co. Under these conditions, Lamp & Co accepts the responsibility of contacting the transporter concerned.
If the parcel is found, it will be sent immediately to the residence of the Customer. In the event that the parcel is not found, the Customer will be able to ask that the same product be sent again (subject to availability), at Lamp & Co’s expense, or be refunded the amount paid. If one or more ordered products are not available at that moment, Lamp & Co will refund the amount paid for the products concerned lost by the transporter.
DAMAGED PARCELS
The Customer must inspect the state of the parcel in the presence of the transporter and note any reserves necessary on the delivery slip in the event of partial or total deterioration. In the absence of noting such points, the product is considered to be accepted by the Customer and cannot be the subject of any dispute concerning its delivery. The Customer must notify Lamp & Co by email so that Lamp & Co can take the necessary measures as quickly as possible.
Article 9: Right of retraction, return and exchange
Within the framework of the sale by correspondence (without the simultaneous physical presence of the parties), according to the Article L 121-20 of the French code of consumption the Customer has the right to a fourteen-day period to exert his right of retraction without having to pay penalties, except for the costs of returning the goods. This period begins as from the day of reception of the goods by the Customer.
The request to return the goods can be carried out:
- Either by filling the retraction form available here. The Client will have to provide the order’s number and the reference of the item(s) he would like to send back.
- Or by contacting the Lamp & Co Customer Services, using the contact form, email or telephone, and they will indicate to the Customer the methods to be followed.
Lamp & Co recommends the Customer to return its products by Colissimo with registered delivery or insurance to the commercial value of the products, guaranteeing him, if necessary, the compensation for the products matching their real commercial value in the event of damage or loss of these goods. In all cases, the return is carried out at the Customer’s own risk. It will be up to the customer to preserve any proof of return.
The returned products must be intact, in a perfect state for resale, and in original packing. They cannot have been worn, used or to have suffered even minimum deterioration, and in a state of perfect cleanliness. Any product which is damaged, incomplete, or whose original packing is deteriorated, will be neither refunded nor exchanged. This right of retraction is exerted without penalty, except for the transport charges which remain at the cost of the Customer. In the event of having exercised the right of retraction, the Customer will receive a voucher for the sums paid which can be used against the next order. This voucher is valid for 12 months and is available online in the Customer’s account. The Customer can also ask for the sums paid to be refunded directly. In the event of a demand for repayment, Lamp & Co will make all effort to refund the Customer within 30 days.
If the client wishes to exchange the item he can inform Lamp & Co by mail or by phone, the items selected will be put on hold in the meantime.
Article 10: Guarantees
In accordance with article 4 of the decree n°78-464 of March 24, 1978 of French law, the present provisions cannot deprive the Customer of the legal guarantee which obliges the professional seller to guarantee him against all consequences of the hidden defects of the item being sold.
The Customer is expressly informed that Lamp & Co company is not the producer of the products presented within the framework of the www.lampandco.com website,
as defined by the French law n°98-389 of May 19, 1998 and relating liability for defective products.
Consequently, in the event of damage caused to a person or a good by a defect of the product, only the producer of this product can be held responsible by the Customer, on the basis of the information appearing on the packaging of the aforementioned product. Moreover, the company stresses that the
products, services and information proposed by Lamp & Co do not in any way substitute for constant vigilance by adults.
Lamp & Co cannot be held responsible in the event of the non-respect of legislation in the country where products are delivered. It is the responsibility of the Customer to check with local authorities the legality of importing and using the products and services being ordered.
Article 11: Responsibility
Lamp & Co offers numerous vintage elements of decoration and furnishings thes are by definition second-hand, they are often more than 30 years old and do not meet to today’s standards. The client acts in person’s responsibility and makes it his business.
The new products on offer confirm to French legislation in force and applicable to norms in France.
Lamp & Co cannot be held responsible in the event of non-observance of legislation in the country where the product is delivered. It is up to the Customer to check with the local authorities on the possibility of importing or using the products which he wishes to order. Lamp & Co cannot be held responsible for inconvenience and losses relating to the use of the Internet, in particular a breakdown in the service, the presence of computer viruses or external intrusions and more generally all cases defined by the courts as outside our control or committed by third parties. Hypertext links may send out to other sites than that of the www.lampandco.com site. Lamp & Co refuses any all responsibility if the contents of these sites contravene any laws or rules in force.
Article 12: Force majeure
Neither of the two parties will have failed in its contractual obligations, insofar as their execution is delayed, blocked or prevented by circumstances beyond their control.
Force majeure or circumstances beyond control will be regarded as that which are external to the two parties, unforeseeable, inevitable, independent of the will of the parties, and which could not be prevented by them, despite all reasonably possible efforts.
The party affected by such circumstances will warn the other party within ten working days from the date on which the first party will have learnt of it.
The two parties will communicate with each other within a month, except if this is impossible due to force majeure, to examine the situation and reach agreement on
the conditions under which the execution of the contract will be continued.
If the force majeure case is of duration greater than three months, the present general conditions can be cancelled by the injured party.
Force majeure, as well as what is defined by the tribunals of the French courts, will be considered to include the following:
- all-out strikes or partial ones, external or within the company, a blockage of supplies or transport for whatever reason, legal or governmental restrictions, computer breakdowns, earthquakes, fires, storms, floods, lightning,
- breakdown of telecommunications or network works not under control of the Customer.
Article 13: Personal data
Visitors or Customers of the www.lampandco.com site have a constant right of access, modification, correction and suppression of the data which relate to them in application of article 34 of the French “data-processing & freedoms” law of January 6, 1978.
At the time of customer inscription or ordering, or within the framework of other specific operations, Lamp & Co invites Visitors or Customers to receive its newsletters, its promotional offers, and / or to register to stay informed of its exclusive sales. At any time, the Visitor or Customer can modify his subscription through his personal account, or through the hypertext link appearing at the bottom of the offers received by email.
Lamp & Co is committed to taking into account the modifications of subscription and of withdrawal of subscription to its commercial emails within the shortest possible delay.
The Users and Customers can modify their choices on the Lamp & Co site at any time.
Lamp & Co uses data acquisition systems such as cookies. Cookies are a computer file stored on the hard disk of the user’s computer. Cookies make it possible to announce a preceding visit of the user on the site and to connect the user to his personal data left on the site, in particular in reference to his orders in course. Lamp & Co informs its Customers that the processing of these personal data was the object of a declaration to the French CNIL under number 1760234 of April 22, 2014.
Article 14: Intellectual property
The entirety of the contents (texts, comments, works, illustrations, images, videos, graphics, sounds… including underlying technologies used) posted on this site is reserved under copyright and intellectual property rights for the whole world. For this reason and conforming with the provisions of the French Code of Intellectual Property, only private use is authorized, subject to different provisions which may be even more restrictive from the code of intellectual property. Any other use may constitute pirating and be sanctioned by the law covering intellectual property, except in the case of preliminary authorization by Lamp & Co. Any total or partial reproduction of the Lamp & Co company catalogue is strictly prohibited.
Any person having an Internet site wishing to place on his site a simple link directly to the www.lampandco.com site must request authorization from Lamp & Co. An authorization given by Lamp & Co will not constitute an implicit agreement of affiliation and will not be in any case given on a permanent basis. By simple request from Lamp & Co, this link will have to be removed.
Article 15: Entirety of conditions
A change of legislation, regulation or a decision of the court rendering invalid one or more clauses of these general sales conditions will not affect the general validity of these Conditions. Such a change cannot in any way make it possible for the Customer not to observe these general sales conditions.
If a condition is not explicitly mentioned, it will be regarded as conforming to usage in the sector of mail order sales by companies based in France.
Relations between Lamp & Co company and the Customer are controlled exclusively by the present conditions at the exclusion of any other condition appearing on the www.lampandco.com site.
Article 16: Duration and application
The present Conditions apply throughout the time of all online services offered by Lamp & Co company. They can be modified at any time by Lamp & Co. The Conditions applicable are those in force on the date of the registration of the order.
Article 17: Territoriality and application law
The sale of products of Lamp & Co company are subject to French law. Any dispute relating to the existence, interpretation, execution or breach of the contract concluded between Lamp & Co and the Customer, even in the event of a plurality of defendants, will be, in the absence of mutual agreement, the exclusive competence of the tribunals of Paris.