Lafuma Mobilier: Consumer terms of sale
Consumer terms of sale for LAFUMA MOBILIER Applicable as from 2016
These Terms set out the terms and conditions on which we supply products to you. They apply automatically to all orders placed on www.lafuma-furniture.co.uk website (“Website”). No other terms apply to online orders, including terms relating to in-store sales.
From the Website, we only sell to the UK. If you would like to place an order from another country, please select the relevant country website from the menu on our Website.
These Terms apply to contracts for the sale of products between us and consumers. You are a consumer if you are individual buying products for your own use. If you wish to make a purchase on behalf of a business, these Terms do not apply. Please contact us using the contact details below for business sales.
We may amend these Terms at any time, but your orders are governed by the Terms in force at the time you place the order.
SECTION 1. INFORMATION ABOUT US AND HOW WE MAY CONTACT EACH OTHER
We are LAFUMA MOBILIER S.A.S. We are a French Société par Actions Simplifiée (simplified joint-stock company). We are registered with the Roman Trade and Companies Registry under number 798 689 253. Our European Union VAT number is FR58 798 689 253.
Publication director: Mr. Reiner PICHLER as CEO of the Calida group
Address of registered office:
LAFUMA MOBILIER SAS
6 rue Victor Lafuma
26140 Anneyron, France
UK VAT Number : GB259336968
Niederkalbacher Str. 27
59 rue de l’Abondance
You may contact the Customer Service department by email, telephone, letter or fax for any question related to your order or your products:
From Monday to Thursday from 9.00 a.m. to 12.00 p.m. and from 2.00 p.m to 4.30 p.m. and on Friday from 9.00 a.m. to 12.00 p.m. and from 2.00 p.m to 3.30 p.m.
• by email sent to: firstname.lastname@example.org
• by post: LAFUMA Mobilier - Service E-commerce, 6 rue Victor Lafuma – 26140 Anneyron, France
• by telephone: Internet Customer Services: 0203 499 5972 (cost of a local call)
If we need to contact you about your order, we may use the email address or the phone number you provide when placing an order.
SECTION 2. PRODUCTS
The products offered for sale on the www.lafuma-furniture.co.uk Website are described and pictured as accurately as possible. However, the actual products may differ slightly from those pictured or described.
SECTION 3. ONGOING SPECIAL OFFER
· BIRTHDAY WEEK · One order refunded every day! : https://www.lafuma-mobilier.fr/media/lafumamob/lafumamob_fr/concours/REGLEMENT-Birthdray-Week-2020-FR.pdf
SECTION 4. ORDER AND CREATION OF CONTRACT
When you place an order on our Website this is an offer by you to buy the products. A contract will come into force between us when we email you to accept your order.
If we are unable to accept your order, we will inform you of this by email and we will not charge you for the products. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements or because we are unable to confirm your identity to our satisfaction (see Section 4 below), because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
SECTION 5. PRICES, PAYMENT METHODS, AND SECURITY
The prices for the products are those shown on our Website when you place the order. We take all reasonable steps to make sure the prices are correct, but if there is an error and the actual price is higher, we will email you when you place your order to tell you the correct price. You will then have the option to proceed at the correct price or to cancel your order. If we make an error and the actual price is lower, we will proceed with the order and charge the lower price.
All prices are indicated in Pounds Sterling and include VAT. Packing and delivery costs are not included but will be shown separately before you place your order, as set out in Section 5 below.
We may change the prices quoted on our Website at any time, but the products will be charged at the prices in force when you place your order.
• by credit/debit card (Visa, Mastercard, Maestro, Visa Electron): in this case, the payment will take place on the Hipay Website. This means that no banking information regarding the Customer transits via the www.lafuma-furniture.co.uk Website.
• by PAYPAL.
If there is a problem with your payment, we will contact you to let you know. We will not despatch your order until we have received your full payment.
The details of the bank card used by the Customer are encrypted using the SSL process (Secure Socket Layer) and never transit in a non-coded format on the network. The payment is made directly with the bank. LAFUMA MOBILIER S.A.S does not have access to these details in any event and does not keep them on its servers.
In order to ensure the security of transactions and to prevent fraud, we perform controls on orders placed on our Website. In relation to this, we may obtain credit checks from an independent credit reference agency or ask you to provide documents to confirm your identity and address. If we are unable to obtain satisfactory credit references or to confirm your identity or address, we may reject your order.
SECTION 6. DELIVERY
Products ordered from the Website are only delivered to the United Kingdom. The products are delivered to the delivery address indicated by the Customer during the order process. The delivery lead times indicated correspond to the processing, preparation, and shipping lead times of the order.
Carriage costs (logistics and delivery)
For deliveries to the United Kingdom, preparation and shipping costs are as follows:
If the order includes furniture products only (exclusive of our Accessories range)
- Delivery to home address: fourteen pounds and ninety (£14.90) including VAT by DPD;
If the order includes accessories products only (exclusive of furniture products)
- Delivery to home address: seven pounds and ninety (£7.90) including VAT by DPD;
If the order includes furniture and accessories products
- Delivery to home address: fourteen pounds and ninety (£14.90) including VAT by DPD;
Packing and shipping costs will be set out separately on your order summary on the Website before you place the order. These costs are charged in addition to the price of the products.
Where products are in stock, we pack them within two (2) working days from accepting your order. Our carrier then attempts delivery of the products within a further four (4) days. See “Failed delivery” below for what happens if the address is wrong or the delivery is refused.
If delivery has not been attempted within this maximum period of five (5) working days, you may cancel your order without charge by notifying us in writing sent to our contact address above. We will then refund you the full amount charged, including the product price and the packing and shipping costs, by any reasonable means of payment of our choice. We will make the refund within fourteen (14) days following the written cancellation request sent by the Customer.
Parcels are sent by DPD to the Customer’s home address - If the address you provide is incomplete or wrong, any other missing information makes it impossible to deliver the products, or if the parcel is refused when delivery is attempted, we are not responsible for late delivery. If these problems require a second delivery to be attempted, you must pay the additional costs for the second delivery. This will be the same amount as the original delivery charge. We will contact you to take this payment before attempting re-delivery.
If following a second attempt at delivery, we are still unable to deliver, we will cancel the order and refund you the price of the products. We will not refund the packing and delivery charges.
- Free delivery on orders above £200, valid on all products and any delivery option. No end date. LAFUMA Furniture reserves the right to terminate this offer as soon as it wishes.
In compliance with Article L.121-21 et seq. of the Consumer Code, the Customer has a withdrawal period of fourteen (14) days clear counting from the date of receipt of their order, to return the ordered products, without having to give a reason. In claiming their right of withdrawal, the costs of returning the products are at the exclusive expense of the Customer.
Previous to any return, the Customer is advised to notify their intention of using the right of withdrawal to the customer services of LAFUMA MOBILIER S.A.S., as follows:
- The Customer completes the withdrawal form; download it by clicking here *.
- The Customer may request a return number by connecting directly to their customer account under "My orders" and click "I want to return an article". A return request will then be sent to customer services and you can track this under "My after-sales" in your customer account.
LAFUMA MOBILIER S.A.S. will reimburse the Customer the total amount of the ordered products returned including the shipping costs paid with the order, in fourteen (14) days counting from the date when LAFUMA MOBILIER S.A.S. is notified of the Customer's decision to withdraw.
The reimbursement paid by LAFUMA MOBILIER S.A.S. in claiming the right of withdrawal does not include the return costs of the products to LAFUMA MOBILIER S.A.S. paid by the Customer which do not constitute the sums paid with the order.
LAFUMA MOBILIER S.A.S. will pay this reimbursement by using the same payment means as those used by the Customer for the initial transaction, unless the Customer gives express approval to the use of another payment means and insofar as the reimbursement does not incur costs for the Customer.
The customer is advised to restore the products complete, in their original packaging. Products returned incomplete, spoiled, damaged or dirty will not be recovered.
The Customer should restore the products to LAFUMA MOBILIER S.A.S. at the latest in a period of fourteen (14) days counting from communication of their decision to withdraw.
* The withdrawal form should be addressed to:
- By email to: email@example.com
- By letter: Service client LAFUMA Mobilier - Service E-commerce, 6 rue Victor Lafuma – 26140 Anneyro
- By telephone: Internet Customer Services: 0203 499 5972 (cost of a local call)
SECTION 8. GUARANTEE
In compliance with the legal requirements, LAFUMA MOBILIER S.A.S. guarantees the conformity of the products sold on the website www.lafuma-mobilier.fr. The Customer has a period of five (5) years counting from delivery of the product to act. The Customer may choose to ask for the repair or the replacement of the product, subject to the clearly disproportionate cost of the application as regards the other method. The Customer is exempted from adding proof of the existence of the conformity failure during the six (6) months following delivery. Beyond this, the Customer should add proof that the goods are not fit for the purpose usually expected of similar goods or that they do not have the characteristics defined by the common agreement of the parties. This legal guarantee of conformity applies independently of any commercial guarantee that may be allowed. The Customer may also decide to operate the guarantee against hidden defects, arising from a fault of design or production of the products and making them unfit for the purpose for which they were intended, excluding any negligence or fault of the Customer. They may then choose between canceling the sale or a reduction of the sale price. The sold products enjoy the legal guarantees so long as they have been used normally and that the maintenance instructions have been followed. This guarantee does not cover any damage resulting from the incorrect use of the product or normal wear due to its use. In order to benefit from the product guarantee, it is essential to keep the product's purchase invoice as well as the delivery note. For all product returns and after-sales service, the return procedure should be applied for by the Customer via their customer account under "My Orders" and by then making a "Return application".
Certain products sold on the website www.lafuma-mobilier.fr may benefit from a commercial guarantee whose duration, which is specified on each article record, is given on the product page of the relevant articles. This duration runs counting from the sale of the product to the Customer. When the product ordered by the Customer is covered by a commercial guarantee, the Customer will receive, at the latest at the time of delivery, a booklet attached to the relevant article in which the content of the commercial guarantee will be set out, its methods of implementation, its possible price, its duration, its territorial scope, as well as the name and address of the guarantor. It is specified that the commercial guarantee granted by LAFUMA MOBILIER S.A.S. may not be applied for in the case of deterioration resulting from non-compliant usage of the product by the Customer or normal wear of the product due to its use.
Independently from the commercial guarantee granted to the Customer, LAFUMA MOBILIER S.A.S. remains held to the legal guarantee of conformity given in Articles L. 211-4 and L. 211-13 of the Consumer Code as well as that relating to the defects of the sold object, in the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code. For certain products an extension of guarantee was set to 1 January 2019.
This then is only valid for products purchased counting from this date.
For the spare parts essential for using products manufactured by LAFUMA MOBILIER S.A.S., the period during which these parts are available will be specified on any commercial document or on any durable medium accompanying the sale of the products. Unless otherwise specified made known to the Customer on presentation of the products on the website www.lafuma-mobilier.fr, the spare parts essential to using the models marketed by LAFUMA MOBILIER S.A.S. are available for the entire duration of marketing of these models and for a duration of two years after the stopping of their marketing by LAFUMA MOBILIER S.A.S.
After-sales service – Methods for claiming the legal and commercial guarantees:
In the case of a product not conforming during the period of the legal guarantee or the commercial guarantee, the Customer will make an application to the LAFUMA MOBILIER S.A.S after-sales service (SAV). The Customer has the following options for doing this:
by phone: Internet Customer Service: 04 75 68 56 86 (price of local communication)
Monday to Thursday, 9am to 12pm & 2pm to 5pm; and Friday, 9am to 12pm & 2pm to 4pm
by email to: firstname.lastname@example.org
by letter: Lafuma Mobilier - E-commerce service, 6 rue Victor Lafuma – 26140 Anneyron
The Customer must explain to LAFUMA MOBILIER S.A.S. the difficulties or malfunctions found with the relevant products. In order to benefit from the legal or commercial guarantee, any product should, previously, be submitted to the LAFUMA MOBILIER S.A.S. after-sales service (SAV), whose agreement is essential for proceeding with the return of this article. The Customer should produce a proof of purchase for any application in claiming the legal or commercial guarantee. Any shipping costs will be assigned in the conditions specified by the law.
As regards the commercial guarantee, it is now specified to the Customer that the shipping costs related to the return of the disputed product will be at the exclusive expense of the Customer, subject to the following provisions:
- for a complete return of the Order in which all the articles are affected by a non-conformity, LAFUMA MOBILIER S.A.S. will reimburse the entire cost of shipping;
- for a partial return of the Order only affecting some articles, LAFUMA MOBILIER S.A.S. will not reimburse the costs of return.
LAFUMA MOBILIER S.A.S. cannot be held responsible in the case of non-receipt of the package addressed by the Customer, who is free to choose the method of sending the product. The Customer is solely responsible for the conditions of packaging the product in the case of a return, which should enable the product to be conveyed without risk of deterioration or breakage. After verification of the non-conformity by LAFUMA MOBILIER S.A.S. and the possibility of the Customer benefiting from the legal or commercial guarantee, LAFUMA MOBILIER S.A.S. will proceed with the repair of the relevant product or with its replacement by an identical article. Failing this, the product returned by the Customer will be replaced by an equivalent item. In the case of non-compliance by the Customer of the above-mentioned conditions, the return will be considered as a non-conform return and will be treated as such by LAFUMA MOBILIER S.A.S. In this case, the guarantee will not be applicable.
SECTION 10. INTELLECTUAL PROPERTY
For further information regarding our policy of confidentiality and data protection go directly to this address: https://www.lafuma-furniture.co.uk/data-protection-policy.html/
SECTION 11. LIABILITY
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 7; and for defective products under the Consumer Protection Act 1987.
We do everything reasonable to make sure access to our Website is uninterrupted and stable. However, sometimes things go wrong. We are not responsible for any loss or damage you suffer because of problems with the Website, or with any of the hardware or systems that you use to access the Website, which is outside our control.
We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out below.
Nothing in these Terms shall limit or exclude our liability for:
• death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
• fraud or fraudulent misrepresentation;
• breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
• defective products under the Consumer Protection Act 1987; or
any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
Subject to the above:
• we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
• our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sum paid by you for products under such contract.
SECTION 12. OTHER IMPORTANT TERMS
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. For example, if you fail to make a payment and we do not chase you but we provide the products, we can still require you to make the payment at a later date.
These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in the Northern Irish or the English courts.
SECTION 13. APPLICABLE LAW – DISPUTES
LAFUMA MOBILIER S.A.S is a company under French law. The applicable law governing our contractual relations is French law. In the event of a dispute, the French courts will have competence. The Customer is informed by LAFUMA MOBILIER S.A.S. of the possibility of having recourse, in the event of a dispute, to a conventional mediation procedure or to any other alternative method of settling any differences. Lafuma Mobilier belongs to the Federation of e-commerce and distance selling (FEVAD) and to the e-commerce mediation service (http://www.mediateurfevad.fr or email@example.com)
Under Article 14, paragraph 1 of European Regulation No 524/2013 of 21 May 2013 on consumer ADR, the customer may also submit their possible claims to the resolution platform provided online by the European Commission available at this address: https://ec.europa.eu/consumers/odr