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 an 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.
Address of registered office:
LAFUMA MOBILIER SAS
6 rue Victor Lafuma
26140 Anneyron, France
UK VAT Number : GB259336968
8 Rue Bernard Buffet,
75 017 Paris
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: email@example.com
• 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
- Welcome offer : -£15 off for any order above £90 with the discount code « WELCOME ».
- Free delivery on orders above £200 , valid on all products and any delivery option.
* the minimum purchase amounts correspond to the total amount of the basket excluding shipping costs.
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 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 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 United Kingdom, preparation and shipping costs are as follows:
- Delivery to home address: fourteen pounds and ninety (14.90) including VAT by UPS;
- Delivery to pick-up/drop-off location: nine pounds and ninety (9.90) including VAT by UPS.
Delivery to a UPS pick point is not available for all our products
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 three (3) working 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 UPS to the Customer’s home address or to a pick-up/drop-off location depending on the Customer’s choice indicated during the order process.
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.
SECTION 7. RIGHT TO CANCEL BECAUSE YOU HAVE CHANGED YOUR MIND
You have a legal right to change your mind and cancel any order, without giving a reason, any time up to fourteen (14) days after the date on which you receive the products (so, if you receive the products on the first of a month, you can cancel the order at any time up to and including the fifteenth of the same month). If an order is split into separate deliveries, the fourteen (14) days runs from the last delivery.
You may let us know that you want to cancel the order at any time during the cancellation period by logging into your account and complete the return application in “My orders” section.
You must return the product to our warehouse in France. Full adress will be given in the return confirmation mail, which we will notify you within fourteen (14) days from telling us your are cancelling. The shipping cost for returning the goods will be at your own expense.
We will refund the price of the products, subject to the deductions set out below, within fourteen (14) days of the day we receive the returned products, or if earlier the day on which you provide evidence that you sent the products back. Evidence might include a Post Office proof of posting or a courier receipt. The refund will be made by the original method of payment.
You must return the products to us in good condition. We will not make any deduction for handling of the products as necessary for you to to establish the nature, characteristics and functioning of the products. However, if the handling of the products has gone beyond that, we may deduct from the refund an amount to reflect the reduction in value of the products due to your handling of them.
SECTION 8. YOUR RIGHTS IF PRODUCTS ARE DEFECTIVE
The following is a short summary of your legal rights in respect of defective products. It does not set out all of your rights, or all of ours.
We are legally required to supply you with products that conform with the contract between you and us, that are of satisfactory quality, that are fit for any purpose agreed between us during the order process, and that conform with the description we have given.
If you think that the products were faulty on delivery, then:
Within the first 30 days from delivery, you have a legal right to reject them and receive a refund of all money you have paid, unless we prove that the products were not faulty on delivery. You must return the products to us if we ask you to, but we will pay for the return.
After the first 30 days and up to the end of the product warranty, you have a legal right to have them repaired or replaced. If we can’t do that within a reasonable time or if for other reasons it is not practical for us to do so, you have a legal right to a price reduction to reflect the loss of value of the products, or to reject them and get a refund of all money you have paid. You must return the products to us if you reject them and if we ask you to, but we will pay for the return.
If you believe that products we have supplied are defective, or if you want an exchange please log into your customer account and complete a “Returns Application” in the “My orders” section
If you are entitled to a refund, we will pay this within fourteen (14) days of the day on which we confirm that you are entitled to the refund. The refund will be made by the original method of payment.
SECTION 9. PERSONAL INFORMATION
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Lafuma Mobilier S.A.S. Our contact details are above.
We will use the personal information you provide to us:
• to supply the products to you;
• to process your payment for the products; and
• if you agree to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do. We will only give your personal information to other third parties where the law either requires or allows us to do so.
SECTION 10. INTELLECTUAL PROPERTY
All of the documents, information, texts, graphics, images, photographs or any other content shown on the Website are our exclusive property. They may not be copied, reproduced or reused in any way whatsoever.
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 are outside our control.
We are not liable for business losses. If you are a consumer we only supply the products for 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 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.