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Lafuma Mobilier – General terms and conditions of sale (applicable from 24/02/2022)

These General Terms and Conditions of Sale (hereinafter the “GTCS”), established in English, apply to sales concluded between, on the one hand, any adult individual residing in the United Kingdom with the status of “consumer” within the meaning of the French Consumer Code and with the legal capacity to engage, who makes a purchase on the online sales site www.lafuma-furniture.co.uk (hereinafter the “Site”) and, on the other hand, the company Lafuma Mobilier S.A.S., a French simplified joint-stock company with capital of €9,262,561, registered in the Trade and Companies Register of Romans under SIREN number 798 689 253 (hereinafter “Lafuma Mobilier”). As a result, these conditions automatically apply to all orders placed by the Customer on the Site, which is the exclusive property of Lafuma Mobilier.

The applicable GTCS are those in effect at the time the order is validated. Lafuma Mobilier reserves the right to amend these GTCS at any time. Changes made to these GTCS apply to the Customer as soon as they are posted on the Site, and do not apply to orders concluded before the changes were made. The Customer should regularly consult the GTCS to read about the latest developments. At the Customer’s request, Lafuma Mobilier undertakes to send a copy of the GTCS applicable on the date of the order.

The Customer acknowledges and accepts that any order they place on the Site entails full and complete acceptance of these GTCS. The Customer acknowledges having read the GTCS. By ticking the relevant box as part of the customer journey, the Customer gives their acceptance of the GTCS.

In the event that one of the clauses of these GTCS is declared null or void, the other clauses shall nevertheless remain in full force and effect.

ARTICLE 1. IDENTIFICATION OF LAFUMA MOBILIER S.A.S.

The site www.lafuma-furniture.co.uk is the exclusive property of Lafuma Mobilier S.A.S, which is a French simplified joint-stock company, with capital of €9,262,561, registered in the Trade and Companies Register of Romans under SIREN number 798 689 253 (intra-community VAT number: FR58 798 689 253).

Publishing Director: Mr Timo Schmidt-Eisenhart, in his capacity as President and Managing Director of the Calida Group

Postal address: 6 rue Victor Lafuma, 26140, Anneyron, France

Contact address: [email protected]

Contact number: +44 20 3514 7683

Web hosting:

mcosys GmbH

Niederkalbacher Str. 27,

36119 Neuhof,

Germany

http://www.mcosys.de/

Site development:

Reich Online Solutions GmbH, member of the Calida Group

Högeringer Straße 27, D-83071, Stephanskirchen

VAT identification number DE815128474

ARTICLE 2. PRODUCTS

2.1 Lafuma Mobilier sells the products (hereinafter the “Product(s)”) which are shown on the Site.

In accordance with Article L. 111-1 of the French Consumer Code, the Customer may consult the essential characteristics of the Product they wish to order on the Site prior to ordering.

The Products offered for sale on the Site are described as accurately as possible. However, the photos, texts and drawings associated with the Products presented are indicative only. Despite Lafuma Mobilier’s efforts, there may sometimes be minor differences with the Product delivered to the Customer.

 The Products offered on the Site are available, while stocks last, as long as they are visible on the Site and if no indication to the contrary appears on the Site. The Customer should consult the availability of the Products sold on each Product’s information page.

2.2 In accordance with the legal provisions, Lafuma Mobilier informs the Customer of the availability or non-availability of the spare parts necessary to use the Products manufactured by Lafuma Mobilier and, where applicable, of the period during which or the date until which said parts will be available on the market. This will be specified on any commercial documents or on any durable medium accompanying the sale of the Products.

2.3 Eco-Mobilier

Lafuma Mobilier is registered in the National Producer Register managed by ADEME, with unique identifier number FR019341_01PWEJ.

ARTICLE 3. SPECIAL OFFERS

Lafuma Mobilier may, at its discretion, create temporary offers from which the Customer may benefit, subject to meeting the conditions for access to the offer specified on the Site and, where applicable, placing an order during the period covered by the offer.

ARTICLE 4. CUSTOMER ACCOUNT

4.1 “Guest” mode

The Customer is not required to create an account to order Products on the Site.

The Customer may place an order using the “guest” mode available on the Site, provided that they provide their email address and the information necessary for the order during the order process described in Article 5 of these GTCS.

4.2 Account creation

Prior to placing an order on the Site, the Customer may create an account by filling in the information requested at the time of account creation and necessary to process their order, i.e. last name, first name, email address, postal address, telephone number. The Customer will be asked to create a password.

Once the account has been created, the Customer may log in by entering their email address or their username and password. If the Customer forgets their password, they can be assigned another one by following the procedure indicated on the Site.

The Customer’s login details are strictly personal to the Customer and must be kept confidential.

Depending on the choices made when creating their account, the Customer may receive offers from Lafuma Mobilier and/or Lafuma Mobilier partners, as specified when creating their account. The Customer may revoke this decision at any time. Within their account, they will be able to choose to unsubscribe from this information service.

4.3 Information available on the account

The Customer can access all of the following information and documents from their account:

-             The Customer’s personal data;

-             Billing and delivery addresses;

-             Order history with package tracking link;

-             Invoices and summary of orders;

-             After-sales service monitoring;

-             Management of newsletter subscriptions.

4.4 Account deactivation

If the Customer wishes to deactivate their account, they must send a request to Lafuma Mobilier’s customer services department using the contact form or by telephone. The contact details are given in Article 16 of these GTCS.

Lafuma Mobilier will deactivate the account within seventy-two (72) working hours of the Customer’s identity being verified by Lafuma Mobilier’s customer services department.

 ARTICLE 5. ORDER PROCESS

A Customer who wishes to place an order must follow the procedure below:

Step 1 – Choice of Product

The Customer selects the Product(s) they wish to order from the Products offered for sale on the Site.

Step 2 – Verification and validation of selected content

The Customer views the summary of the Product(s) they have added to their basket and checks the contents.

The Customer must then verify that the prices, volumes and quantities of Products in their order summary correspond to their wishes.

The Customer can remove the selected Product(s).

Step 3 – Customer login

If they have not already done so, the Customer must log in in order to continue placing the order.

In order to log in, the Customer may create an account on the Site as described in Article 4 or, if they already have one, enter their login or email address and password.

The Customer may also choose to log in using the “guest” mode available on the Site, described in Article 4.

Step 4 – Checking the order

If the Customer logs in using their customer account, they are responsible for verifying the contents of their order, the total price, and the delivery and invoice address, and are able to remove a product or modify the invoice and delivery address.

On the other hand, if the Customer has chosen to place an order using the “guest” mode available on the Site, they are responsible for checking the contents of their order and the total price, as well as filling in all of the information listed above when placing their order. The Customer is able to remove any of the products they have selected.

Step 5 – Terms and place of delivery

The Customer must select one of the delivery methods offered by Lafuma Mobilier that is available for the Products selected. The delivery methods available and their prices are described in Article 9 of these GTCS and may vary depending on the Products.

The Customer enters the address to which the order is to be delivered.

Step 6 – Choice of payment method

The Customer chooses the desired method of payment from those specified in Article 8.

Step 7 – Confirmation of the order

After verifying their order, the Customer confirms it by clicking on the “Place order” button. During final validation of the order, the Customer clicks on the “Place my order” button. By clicking on this button, the Customer is reminded of and acknowledges and accepts their obligation to pay the price indicated by the words “pay”.

Step 8 – Payment

The Customer enters the bank details necessary for payment and corresponding to the payment method chosen.

Step 9 – Order acknowledgement

Lafuma Mobilier confirms the Customer’s order by sending an email summarising the order contents, i.e.

-             the order number;

-             the bank transaction number;

-             the list and price of the Product(s) ordered;

-             the terms of delivery and the price of the order.

The Customer must retain the document as it is the official proof of the order.

ARTICLE 6. ORDER FOLLOW-UP

6.1 Processing the order

Once Lafuma Mobilier has registered the order, it undertakes to honour it.

If, despite Lafuma Mobilier’s care, a Product is unavailable after the Customer has placed their order, Lafuma Mobilier undertakes to inform the Customer as soon as possible, by email or by telephone. The order will be automatically cancelled and the Customer will be refunded within fourteen (14) days of Lafuma Mobilier notifying them that it is unavailable.

6.2 Confirmation of order dispatch

The Customer will be informed by email once their order is dispatched.

ARTICLE 7. PRICE – RESERVATION OF OWNERSHIP CLAUSE

7.1 Payment

The prices charged are those in effect on the day of the order. All prices are given in pound sterling (GBP), including VAT, excluding participation in preparation and delivery costs, as defined in Article 9 and recalled to the Customer during the order process.

Lafuma Mobilier reserves the right to cancel, suspend or refuse an order from a Customer with whom a dispute related to a default or late payment is pending.

7.2 Transfer of ownership

THE PRODUCTS REMAIN THE PROPERTY OF LAFUMA MOBILIER UNTIL LAFUMA MOBILIER RECEIVES FULL PAYMENT OF THE PRICE.

However, the Customer acknowledges and agrees that the transfer of risks (loss, damage, etc.) will take place as soon as the Customer or a third party designated by the Customer has taken physical possession of the Products ordered.

7.3 Anti-fraud checks:

To ensure the security of transactions and to prevent fraud in distance selling, Lafuma Mobilier carries out checks on orders that have been validated on the Site. These checks are intended to protect Lafuma Mobilier from abusive remote payment practices. As part of these checks, Lafuma Mobilier may ask the Customer to send documents necessary to release their order: proof of identity, proof of address, of debit in their name, etc. The aim is to check the veracity of the identity and address.

These requests are sent by email. The Customer must send Lafuma Mobilier these supporting documents by email or by fax for their order to be delivered. Without proof or if the documents sent cannot be used to ascertain the identity of the person ordering and the veracity of the address, Lafuma Mobilier may cancel the order to guarantee the security of online transactions.

ARTICLE 8. PAYMENT TERMS

8.1 Payment methods

The means of payment available to the Customer are as follows:

-             Payment by bank card (Visa, bank card, Mastercard, Maestro, Visa Electron, virtual bank card): the price of the Customer’s purchases will be immediately debited from their account;

-             Payment by PayPal: the price of the Customer’s purchases will be immediately debited from their PayPal account.

The Customer guarantees that they are fully entitled to use their bank card or PayPal account to pay for their order, and that the means of payment provides access to sufficient funds to cover the costs of the order placed on the Site.

The Customer is responsible for saving or printing their proof of payment if they wish to keep the bank details of their transaction.

8.2 Payment security

The details of the bank card used by the Customer are encrypted using the SSL (Secure Socket Layer) protocol and are never transmitted unencrypted over the network. Payment is made directly with the bank. Lafuma Mobilier has no access to these details and does not store them on its servers.

ARTICLE 9. DELIVERY TERMS

9.1 Overview

Only deliveries to the UK are possible.

Packages are sent to the Customer’s home address by DPD or Schenker.

It is expressly stated that the Customer cannot choose from the delivery companies listed above. Given the nature (e.g. the size and weight) of its Products, Lafuma Mobilier uses specialised delivery companies for certain categories of Products.

Products ordered on the Site are delivered to the address provided or to the pick-up point selected by the Customer when placing their order. Products are sent with the user manual and installation instructions.

9.2 Delivery fees

It is expressly stated that delivery fees are not included in the price of the Products.

The delivery fee depends on the Products ordered and the delivery company selected by Lafuma Mobilier. The delivery fees for the Products will be indicated during the order process and on the Customer’s order summary before it is validated.

Products listed within the categories on the Site called “Decoration & Accessory”, “Spare Parts” and “Canvases” (hereinafter “Accessory products”) benefit from the following delivery fees: seven pounds and ninety pence (£7.90) including tax using DPD.

For Products that are not Accessory products, delivery fees are as follows:

-             fourteen pounds and ninety pence (£14.90) including tax for delivery using DPD or Schenker;

 

9.3 Delivery times

The delivery times communicated to the Customer include the order’s processing, preparation and delivery times.

The delivery times are as follows:

-             Order preparation: the order is prepared for dispatch from Lafuma Mobilier’s warehouses within seventy-two (72) working hours of the order confirmation email being sent.

-             Order delivery: the package is then delivered by a delivery company within seven (7) to fifteen (15) days of the package’s dispatch from Lafuma Mobilier’s warehouses.

Lafuma Mobilier undertakes to comply with delivery times.

In the event of non-compliance with the delivery deadline, the Customer may choose to notify Lafuma Mobilier of the suspension of payment of all or part of the price until Lafuma Mobilier executes or terminates the contract under the conditions defined in Article L. 216-6 of the French Consumer Code.

In accordance with this provision, the contract must be terminated in writing if, after giving Lafuma Mobilier formal notice to carry out the delivery within a reasonable additional period, Lafuma Mobilier fails to do so.

Lafuma Mobilier will then refund the Client by any means of payment within fourteen (14) days of the Client’s written request for cancellation.

9.4 Erroneous address

The Customer acknowledges and agrees that they are responsible for verifying the accuracy and completeness of the billing information and delivery addresses that they provide to Lafuma Mobilier. Consequently, in the event of an incomplete or incorrect address, refusal of the package by the recipient, or lack of information meaning that the product cannot be delivered to the recipient in time, Lafuma Mobilier cannot be held responsible for non-compliance with the contractual delivery date. If this missing information leads to a redelivery to the Customer, Lafuma Mobilier shall have the right to request the fees for the redelivery from the Customer.

9.5 Receipt of the order

Upon receipt of the order, the Customer must check the condition of the Products received. The Products will be delivered with a written document stating that the Customer can express reservations, particularly in case of product defects or failure to deliver the instructions for use or installation instructions.

Without prejudice to the Customer’s right to withdraw and legal guarantees of conformity, the Customer must notify Lafuma Mobilier’s customer service department (the details of which are given in Article 16 of these GTCS) of any anomalies upon delivery, including missing, faulty or damaged Products, within three (3) days of receiving the Products.

ARTICLE 10. RIGHT TO WITHDRAW

10.1 Cancellation period

In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the Customer benefits from a withdrawal period of fourteen (14) calendar days from the date of receipt of the Products, to exercise their right to withdraw, without having to provide any reason.

10.2 Exercise of the right to withdraw

In order to exercise their right to withdraw, the Customer must notify Lafuma Mobilier in writing of their decision to implement their right to withdraw in a clear and unambiguous declaration sent to Lafuma Mobilier’s customer service department, the contact details of which are set out in Article 16 of these GTCS.

To this end, the Customer may:

-      Complete the withdrawal form, given in Appendix 1 of these GTCS;

-      Request a return number by logging on to their customer account, selecting the “My Orders” category and clicking “I want to return an item”;

-  Contact Lafuma Mobilier’s customer services department on the website https://lafuma-mobilier.zendesk.com/hc/en-gb/requests/new by filling in the requested information.

Lafuma Mobilier will acknowledge receipt of the Customer’s declaration.

10.3 Terms and costs of returns

The Customer must return the Product(s) to Lafuma Mobilier within fourteen (14) days of communicating their decision to withdraw.

The Customer must return the Product in its original condition and in its original packaging and, if applicable, with all of its accessories and instructions for use, i.e. in perfect condition for resale.

When exercising their right to withdraw, the costs of returning the Products are the sole responsibility of the Customer.

10.4 Refund terms and conditions

Lafuma Mobilier will refund the Customer the total amount of the returned Products including the delivery costs paid during the order, excluding any additional costs paid by the Customer if they expressly chose a delivery method that was more expensive than the standard delivery method offered by Lafuma Mobilier.

Lafuma Mobilier will refund the sums without undue delay and within no more than fourteen (14) days of the date on which Lafuma Mobilier was informed of the Customer’s decision to withdraw. Nevertheless, Lafuma Mobilier reserves the right to postpone the refund until it receives the Products or until the consumer has provided proof of their shipment, whichever of the two is the earliest.

In accordance with Article 10.3 of these GTCS, refunds made by Lafuma Mobilier when a Customer exercises their right to withdraw do not include the costs of returning the Products, which do not constitute sums paid during the order.

Lafuma Mobilier will send the refund using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to Lafuma Mobilier using another means of payment, and only if the refund does not give rise to any costs for the Customer.

ARTICLE 11. PRODUCT EXCHANGES

11.1 Exchange period

Irrespective of their right to withdraw as referred to in Article 10 of these GTCS, the Customer has a period of fourteen (14) days from the date of receipt of the Products to return the Product(s) to Lafuma Mobilier and request an exchange.

11.2 Exchange terms

It is expressly stated, and the Customer acknowledges and accepts that exchanges are only possible for the same reference and only to change the colour. The Customer must contact the customer service department via their customer account and make a “Return request” in the “My orders” section, or use the Lafuma Mobilier contact form.

The Customer will then receive a prepaid coupon by email allowing them to return the Product to be exchanged without charge. The Customer must return the Product in its original condition and in its original packaging and, if applicable, with all of its accessories and instructions for use, i.e. in perfect condition for resale.

Lafuma Mobilier will exchange the returned ordered Product(s) by shipping the new product within fourteen (14) days of Lafuma Mobilier receiving the original product in its logistics warehouse.

Nevertheless, Lafuma Mobilier reserves the right to refuse an exchange of the returned Product(s):

-             If the returned Product does not comply with the conditions set out in this article, including if it is incomplete, damaged or does not have its original packaging and label.

-             In the event of abusive returns and/or if the Customer has already sent an exchange request for the same Product.

ARTICLE 12. WARRANTY

As a preliminary point, the Customer is reminded that the Products benefit from:

-             The legal guarantee of conformity;

-             The legal guarantee against hidden defects resulting from a defect in the material, design or workmanship and affecting the Products delivered, rendering them unfit for use.

12.1 Legal guarantees

 

In accordance with Articles L. 217-1 et seq. of the French Consumer Code, Lafuma Mobilier ensures that the Products sold on the Site are compliant.

 

When executing the legal guarantee of conformity, the Client:

-             has a period of two (2) years from delivery of the goods to act;

-             is exempt from having to prove the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods;

-             may choose either the repair or replacement of the goods, provided that said choice does not entail a cost that is manifestly disproportionate in relation to the other method for Lafuma Mobilier, taking into account the value of the goods, the significance of the defect and the possibility of choosing the other method without major inconvenience to the Customer. It is specified that the Customer may, after formal notice, continue the forced execution in kind of the solution initially requested if these conditions are not respected by Lafuma Mobilier. In this case, Lafuma Mobilier will be required to proceed, unless duly justified in writing, with the method not chosen by the Buyer.

-             the legal guarantee of conformity applies independently of any commercial warranty granted.

-             may choose to exercise the guarantee against hidden defects for the goods sold within the meaning of Article 1641 of the French Civil Code. In this case, the Customer may choose between termination of the sale or a discount on the sale price in accordance with Article 1644 of the French Civil Code.

 

Warranties shall not apply in the event of misuse, negligence or lack of maintenance by the Customer, such as in the event of normal wear and tear, accidents or force majeure.

 

Conformity defects which occur within twenty-four (24) months of delivery of a new product or within twelve (12) months of delivery of second-hand products are presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the defect invoked.

In the event of a conformity defect, the Customer is entitled to a compliance upgrade under the conditions explained above or, failing that, to a price discount or termination of the contract under the conditions defined in Articles L. 217-14 to 217-16 of the French Consumer Code.

The Customer may also suspend payment of all or part of the price until Lafuma Mobilier has brought the Product into compliance.

Compliance upgrades shall take place within a reasonable period of less than thirty (30) days following the Customer’s request.

The Customer shall not pay any fees for the Product’s compliance upgrade.

Any goods repaired under the legal guarantee of conformity benefit from an extension of said guarantee for six (6) months.

If the Customer has chosen a repair but it is not carried out by Lafuma Mobilier, replacement of the Product gives rise to a new legal guarantee period of compliance for the replaced Product, from the date on which the replacement Product is delivered to the Customer.

Lafuma Mobilier will refund any sums due to the Customer upon receipt of the Product or proof of its return by the consumer within no more than fourteen (14) days. Unless expressly agreed by the Customer and provided that no additional costs are charged to the Customer, Lafuma Mobilier will proceed with the refund using the same means of payment as that used by the Customer when purchasing the Product.

In the event that the Customer transfers ownership of the Product to a consumer, the Customer’s rights will be transferred to said consumer.

In any event, the legal guarantees do not cover:

-             replacement of consumables;

-             abnormal or non-compliant use of the Products;

-             defects and their consequences caused by an abnormal intervention by the Customer or a third party modifying the Product (including by repairers).

12.2 Commercial warranty

12.2.1 In addition to the legal guarantees of conformity referred to in Article 12.1, Lafuma Mobilier grants a commercial warranty of durability for new Products, excluding accessories, purchased by the Customer as of 1 January 2019, with the date shown on the proof of purchase acting as proof thereof.

As such, any new Product purchased by the Customer after this date is contractually guaranteed for a period of five (5) years. On the contrary, any Product purchased before this date cannot benefit from this contractual guarantee.

However, it is expressly stated, and the Customer acknowledges and accepts, that the commercial warranty does not apply to Accessory Products or spare parts.

12.2.2 If the Product ordered is covered by a commercial warranty of durability, the Customer will receive, at the latest at the time of Product delivery, instructions accompanying the Product and specifying:

-             the contents of the commercial warranty;

-             the terms of activating the warranty;

-             if applicable, the price of the guarantee;

-             the duration of the guarantee;

-             the geographical scope of the guarantee;

-             the name and postal and telephone contact information of the guarantor.

In any event, it is specified that the commercial warranty of durability granted by Lafuma Mobilier does not cover the exclusions described in Article 12.1 of these GTCS.

12.2.3 Activation of legal and commercial warranties

Requests or complaints must be sent, as soon as possible, to Lafuma Mobilier’s customer service department, the contact details of which are set out in Article 16 of these GTCS. They must be sent with proof of purchase for the Product concerned.

For complaints, the Customer must send Lafuma Mobilier their contact details, the references of the Product(s) concerned and any evidence in their possession to justify the complaint. In particular, the Customer must specify to Lafuma Mobilier the problems or malfunctions affecting the Product(s) concerned.

The Customer will return the Product concerned after obtaining Lafuma Mobilier’s agreement.

The Customer is free to choose the method by which they send the Product; Lafuma Mobilier cannot be held responsible if the parcel is not delivered. The Customer is solely responsible for packaging the product in the event of a return; said packaging must allow the product to be transported without risk of damage or breakage.

If the legal or commercial warranty is activated, any period of downtime shall suspend the remaining warranty until the reconditioned Product is delivered. The warranty period will also be suspended if the Customer and Lafuma Mobilier enter into negotiations with a view to an amicable settlement.

ARTICLE 13. DATA PROTECTION PROVISIONS

For more information about our privacy and data protection policy, visit: https://www.lafuma-furniture.co.uk/data-protection-policy.html

Personal data:

The Customer’s personal data must be provided in order to process and deliver orders. A customer account must be created to place an order on www.lafuma-furniture.co.uk. Data is stored and protected in said account by a password chosen by the Customer and known by them alone, so that the data remains strictly confidential. Subject to the Customer’s explicit acceptance (opt-in system), their data may also be used to increase and personalise communication, including by means of letters, emails and SMS, sent by:

- Lafuma Mobilier S.A.S (information and commercial offers from its partners, via email or SMS).

- Lafuma Mobilier S.A.S. partners, by letter or email.

Personal data will be processed in strict compliance with the provisions of the French Data Protection Act of 6 January 1978. In accordance with this law, the processing of personal data collected on the www.lafuma-furniture.co.uk site was declared to the CNIL (registered on 16/07/2007 under number 1244255). Pursuant to this law, the Customer has the right, at any time, to access, rectify and oppose their personal data by visiting the “My account” section, by sending a request to our web service by email to [email protected] or by writing to the following address: Lafuma Mobilier, Service E-commerce, 6 rue Victor Lafuma, 26140, Anneyron, France

If the Customer no longer wishes to receive offers from Lafuma Mobilier S.A.S. and/or its partners, they can send a request at any time to Lafuma Mobilier S.A.S. by email (at the following address: [email protected]) or by post (at the following address: Lafuma Mobilier, Service E-commerce, 6 rue Victor Lafuma, 26140, Anneyron, France), indicating their last name, first name, email and postal address and, if possible, their customer reference.

Cookies:

The www.lafuma-furniture.co.uk site uses cookies. A cookie is a computer file stored on the hard drive of the Customer’s computer. It is used to flag previous visits by the Customer to the www.lafuma-furniture.co.uk site. Lafuma Mobilier S.A.S only uses cookies to personalise the service offered to the customer. The Customer can refuse cookies by configuring their internet browser. They will no longer be able to customise the service provided to them by Lafuma Mobilier S.A.S on the www.lafuma-furniture.co.uk site.

Web beacons:

Some pages on the www.lafuma-furniture.co.uk site may contain web beacons used to count the number of visitors to the site and/or provide Lafuma Mobilier S.A.S with a number of indicators. These web beacons may be used with some of our partners, in particular to measure and improve the effectiveness of the site. In any event, the information obtained using these tags is entirely anonymous and simply enables statistics on the use of certain pages of the site to be collected, in order to better serve the site’s customers.

ARTICLE 14. INTELLECTUAL PROPERTY

All the documents, information, texts, graphics, images, photographs or any other content or format published on the Site or in these GTCS are and shall remain the exclusive property of Lafuma Mobilier or, where applicable, of the third parties to which they belong and from whom Lafuma Mobilier has obtained permission to use them on the Site.

 Consequently, use and/or total or partial reproduction of their content is strictly prohibited and is liable to constitute an infringement of the intellectual property rights of Lafuma Mobilier and/or third parties.

In particular, distinctive signs, marks, visuals of the Products and corporate names appearing on the Site are protected by intellectual property law and may not be reproduced, in whole or in part, without prior written permission from the holder(s) of said rights.

ARTICLE 15. RESPONSIBILITIES – FORCE MAJEURE

The Products offered for sale by Lafuma Mobilier on its Site comply with the applicable legislation in the United Kingdom.

Lafuma Mobilier cannot be held liable for any events, inconveniences or damage inherent in the use of the internet, in particular in the event of service failure, external intrusion or the presence of computer viruses.

Furthermore, Lafuma Mobilier cannot be held responsible for non-performance of the contract due to failure by the Customer, an unforeseeable reason or in the case of force majeure, as defined by Article 1218 of the French Civil Code.

ARTICLE 16. CUSTOMER SERVICES

The Customer may contact Lafuma Mobilier’s customer service department for information or questions relating to an order:

-             By post by writing to the following address:

Lafuma Mobilier, Service E-commerce, 6 rue Victor Lafuma, 26140, Anneyron, France

-             By email to: [email protected]

-             By telephone on the following number: +44 20 3514 7683 (price of a local call), Monday to Friday from ten (10) to twelve (12) o’clock

ARTICLE 17. APPLICABLE LAW

Sales contracts resulting from the Customer placing an order are subject to French law.

Should these GTCS be translated into one or more other languages, the French version alone shall be binding.

ARTICLE 18. DISPUTES

To make a complaint, the Customer should contact Lafuma Mobilier’s customer service department, the contact details of which are set out in Article 16 of these GTCS.

In accordance with applicable legislation, after the Customer has sent a prior written request to Lafuma Mobilier’s customer service department, the Customer may submit the dispute to the French federation of e-commerce and distance selling (FEVAD), a mediator association of which Lafuma Mobilier is a member, which will attempt, fully independently and impartially, to bring the parties together with a view to reaching an amicable resolution for the dispute.

To refer to the FEVAD mediation service, the Customer may send their complaint by email to either of the following addresses: http://www.mediateurfevad.fr or [email protected]

The Customer can also submit complaints on the resolution platform published by the European Commission available at the following address:

https://ec.europa.eu/consumers/odr

The European Commission will refer the Client’s complaint to the competent national ombudsmen.

If the dispute persists, either of the parties may refer the matter to the competent courts. 

Appendix 1 – Standard withdrawal form

 

(Please only complete and return this form if you wish to withdraw from the contract.)

 

To be sent to Lafuma Mobilier S.A.S, 6 rue Victor Lafuma, 26140, Anneyron, France, or the following email address: [email protected]

 

I/We () hereby notify you () of my/our () withdrawal from the contract for the sale of the goods ()/for the provision of services (*) below:

 

Ordered on ()/received on ():

 

Name of the consumer(s):

 

Address of the consumer(s):

 

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Appendix 2 – Reminder of the provisions governing legal guarantees of conformity and hidden defects

Article L.217-3 of the French Consumer Code

The seller delivers goods in accordance with the contract and with the criteria set out in Article L. 217-5.

The seller is responsible for conformity defects which exist at the time the goods are delivered within the meaning of Article L. 216-1, which appear within two years of the date of delivery.

In the case of a contract for the sale of goods with digital components:

1. Where the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or where the contract does not determine the duration of the supply, the seller shall be liable for any non-conformity of said digital content or digital service which appears within two years of delivery of the goods;

2. Where the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller shall be liable for any non-conformity of said digital content or digital service which appears during the period during which it is supplied under the contract.

For such goods, the applicable time limit does not deprive the consumer of their right to updates in accordance with the provisions of Article L. 217-19.

During these periods, the seller shall also be liable for any non-conformity resulting from the packaging, assembly instructions, or installation if this was the seller’s responsibility under the contract or if it was carried out under its responsibility, or if shortcomings or errors in the installation instructions provided by the seller resulted in incorrect installation by the consumer as provided for in the contract.

This warranty period applies without prejudice to Articles 2224 et seq. of the French Civil Code. The starting point for the prescription of the consumer’s action shall be the day on which the consumer becomes aware of the non-conformity.

Article L.217-4 of the French Consumer Code

The goods comply with the contract if they meet the following criteria, if applicable:

1. They correspond to the description, type, quantity and quality, in particular with regard to the functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

2. They are suitable for any special use intended by the consumer, of which the seller was informed and which the seller accepted, before or at the time of concluding the contract;

3. They are delivered with all the accessories and installation instructions that should be provided in accordance with the contract;

4. They are updated in accordance with the contract.

Article L.217-5 of the French Consumer Code

I. -In addition to the criteria for compliance with the contract, the goods are compliant if they meet the following criteria:

1. They are suitable for the customary use expected of goods of the same type, taking into account, where appropriate, any provisions of European Union law and national law as well as all technical standards or, if no such technical standards exist, specific codes of conduct applicable to the relevant sector;

2. If applicable, they have the qualities that the seller presented to the consumer in the form of a sample or model, before the contract was concluded;

3. If applicable, the digital components that they contain are provided according to the most recent version available at the time the contract is concluded, unless the parties agree otherwise;

4. If applicable, they are delivered with all the accessories, including packaging, and installation instructions that the consumer may legitimately expect;

5. If applicable, they are provided with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19;

6. They correspond to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer may legitimately expect for goods of the same type, in terms of the nature of the goods as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.

II. -However, the seller is not bound by any public statements set out in the preceding paragraph if it demonstrates:

1. That it was not aware of them and was not legitimately able to be aware of them;

2. That at the time the contract was concluded, the public declarations had been corrected in conditions comparable to the initial declarations; or

3. That the public statements could not have had any influence on the purchase decision.

III. -The consumer may not dispute conformity by invoking a defect concerning one or more specific characteristics of the goods if they were specifically informed that said characteristics deviated from the conformity criteria set out in this article, and to which they expressly and separately consented when concluding the contract.

Article L.217-6 of the French Consumer Code

If, during the contract, the professional processes personal data, any breach by said professional of their obligations under Regulation (EU) 2016/679 of 27 April 2016 and French Data Protection Law No 78-17 of 6 January 1978, shall be treated as a non-conformity insofar as this breach results in non-compliance with one or more of the conformity criteria set out in this section, without prejudice to the other remedies provided for in these texts.

Article L.217-7 of the French Consumer Code

Unless proven otherwise, conformity defects which occur within twenty-four months of delivery of the goods, including goods with digital components, are presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the defect invoked.

For second-hand goods, this period is twelve months.

Where the contract for the sale of goods with digital components provides for the continuous supply of digital content or a digital service, the following conformity defects shall be presumed to have existed at the time of delivery of the goods:

1. For a period of two years following delivery of the goods, if the contract provides for this supply for a period of two years or less or if the contract does not determine the duration of the supply;

2. For the period during which the digital content or digital service is supplied under the contract, if the contract provides for said supply for a period of more than two years.

Article L.217-8 of the French Consumer Code

In the event of a conformity defect, the Customer is entitled to a compliance upgrade by repairing or replacing the goods or, failing that, to a price discount or termination of the contract under the conditions defined in this subsection.

The consumer may also suspend payment of all or part of the price or suspend the advantage provided for in the contract until the seller has fulfilled the obligations incumbent upon it under this chapter, under the conditions of Articles 1219 and 1220 of the French Civil Code.

The provisions of this chapter shall be without prejudice to the compensation of damages.

Article L.217-9 of the French Consumer Code

The consumer can demand compliance of the goods with the criteria set out in subsection 1 of this section.

The consumer asks the seller to bring the goods into conformity, choosing between repair and replacement. The consumer makes the goods available to the seller for this purpose.

Article L.217-10 of the French Consumer Code

The goods shall be brought into conformity within a reasonable period of time, which may not exceed 30 days following the consumer’s request, and without any major inconvenience to the consumer, taking into account the nature of the goods and the consumer’s intended use.

Where applicable, repairing or replacing the non-compliant goods includes the seller removing and recovering said goods and installing the repaired or replacement goods.

A decree specifies the procedures for compliance upgrades.

Article L.217-11 of the French Consumer Code

The consumer shall not pay any fees for the goods’ compliance upgrade.

The consumer is not required to pay for the normal use made of the replaced goods during the period prior to their replacement.

Article L.217-12 of the French Consumer Code

The seller may not proceed in accordance with the consumer’s choice if the requested compliance upgrade is impossible or if it entails disproportionate costs in particular with regard to:

1. The value of the goods if there were no non-compliance;

2. The significance of the non-compliance; and

3. The possibility of choosing the other method without major inconvenience for the consumer.

The seller may refuse to bring the property into conformity if it is impossible or if it entails disproportionate costs, particularly with regard to points 1 and 2.

If these conditions are not met, the consumer may, after formal notice, continue the forced execution in kind of the solution initially requested, in accordance with Articles 1221 et seq. of the French Civil Code.

Any refusal by the seller to proceed in accordance with the consumer’s choice or to bring the goods into conformity shall be justified in writing or on a durable medium.

Article L.217-13 of the French Consumer Code

Any goods repaired under the legal guarantee of conformity benefit from an extension of said guarantee for six months.

If the consumer chooses a repair but it is not carried out by the seller, replacement of the goods gives rise to a new legal guarantee period of compliance for the replaced goods. This provision shall apply as of the day on which the replacement goods are delivered to the consumer.

Article L.217-14 of the French Consumer Code

The consumer is entitled to a price discount or to the termination of the contract in the following cases:

1. If the professional refuses to bring the goods into compliance;

2. If the compliance upgrade takes place more than thirty days after the consumer’s request or if it causes the consumer major inconvenience;

3. If the consumer definitively bears the costs of removing and recovering the non-compliant goods, or if they pay for installation of the repaired or replacement goods or the related costs;

4. If the non-conformity persists despite the seller’s attempt to bring it into conformity.

The consumer shall also be entitled to a price discount for the goods or to the termination of the contract if the non-compliance is sufficiently significant to justify an immediate price discount or termination of the contract. The consumer is not required to request repairs or replacement of the goods beforehand.

The consumer is not entitled to terminate the sale if the non-compliance is minor; the seller is responsible for demonstrating this fact. This paragraph shall not apply to contracts for which the consumer has not paid the price.

Article L.217-15 of the French Consumer Code

In the cases provided for in Article L. 217-14, the consumer informs the seller of their decision to obtain a price discount for the goods.

The price discount is proportional to the difference between the value of the goods delivered and the value of the goods if there were no non-compliance.

Article L.217-16 of the French Consumer Code

In the cases provided for in Article L. 217-14, the consumer informs the seller of their decision to terminate the contract. The consumer shall return the goods to the seller at the seller’s expense. The seller shall reimburse the consumer for the price paid and return any other benefits received under the contract.

If the non-compliance relates only to certain goods delivered under the sales contract, the consumer is entitled to terminate the contract for all of the goods, even those not covered by this chapter, if we cannot reasonably expect the consumer to agree to keep only the compliant goods.

For the contracts set out in section II of article L. 217-1, providing for the sale of goods and, on an ancillary basis, the provision of services not covered by this chapter, the consumer is entitled to terminate the contract in full. In addition, in the case of a package offer within the meaning of article L. 224-42-2, the consumer is entitled to terminate all related contracts.

The respective obligations of the parties to the contract, set out in article L. 224-25-22 and relating to the consequences of cancellation for digital content and digital services, apply to the cancellation of the contract for the sale of goods with digital components.

Article L.217-17 of the French Consumer Code

The consumer shall be refunded the sums due by the seller under this subsection upon receipt of the goods or proof of their return by the consumer and within no more than fourteen days.

The seller shall refund said sums using the same means of payment as that used by the consumer when concluding the contract, unless expressly agreed by the consumer and in any event without causing additional costs.

Article 1641 of the French Civil Code

The seller is bound by the guarantee for the hidden defects of the object sold which render it unfit for the use for which it is intended, or which limit said use to an extent that the buyer would not have acquired it, or would have paid only a lower price if they had been aware of the defects.

Article 1648 paragraph 1 of the French Civil Code

The purchaser must file action for the prohibitive defects within two years of discovering the defect.