GENERAL TERMS AND CONDITIONS OF SALE (as of 19 January 2016)
These General Terms and Conditions of Sale (hereinafter referred to as the “Terms and Conditions”) shall apply to any purchase made by an internet user / natural person (hereinafter called the “CLIENT”) on website www.inimitable-laloo.com (hereinafter called the « WEBSITE ») with Inimitable Laloo , an SAS registered in the Paris RCS (trade and corporate register) under number 804 578 730, whose head offices are located at 320 rue Saint-Honoré 75001 Paris, France Tel : 06 59 49 32 67, email: contact@inimitable-laloo.com (hereinafter called the “SELLER”). IMPORTANT
All orders placed on the WEBSITE shall imply the CLIENT’s full acceptance of these General Terms and Conditions of Sale, without any reservation whatsoever. Article 1. DEFINITIONS The words used hereinafter in the General Terms and Conditions of Sale have the following meanings: “CLIENT” means the SELLER’s co-contracting party who has the status of consumer according to French laws and jurisprudence. As such it is expressly provided that the CLIENT acts outside the scope of any usual business activity. “DELIVERY” means the first display of the GOODS ordered by the CLIENT at the delivery address entered when the order was placed. “GOODS” means all of the goods available on the WEBSITE. “TERRITORY” means mainland FRANCE, including Corsica (excluding French overseas departments and territories). Article 2. OBJECT These Terms and Conditions shall apply to all GOODS sold by the SELLER to his CLIENTS.
The CLIENT is clearly informed and acknowledges that the WEBSITE is designed for consumers, and professionals must contact the SELLER’s sales department to benefit from specific contractual terms. Article 3. ACCEPTANCE OF TERMS AND CONDITIONS The CLIENT shall read intently and accept these Terms and Conditions before proceeding with the payment of any order of GOODS placed on the WEBSITE. These Terms and Conditions are displayed at the bottom of each page on the WEBSITE by clicking on the dedicated link, and must be perused before any order placement. The CLIENT is encouraged to read intently, download, print, and keep a copy of these Terms and Conditions. The SELLER advises the CLIENT to read the Terms and Conditions upon each order as the latest version of the aforementioned Terms shall be applicable to any new order of GOODS. By clicking on the first button to place the order and the second one to confirm the aforementioned order, the CLIENT acknowledges to have read, understood, and accepted the Terms and Conditions without any limitation or condition. Article 4. OPENING AN ACCOUNT – PURCHASING GOODS ON THE WEBSITE In order to purchase GOODS, the CLIENT must be 18 or older and have a full legal capacity, minors must be able to show proof of the consent of their legal representatives. The CLIENT shall be required to provide information for identification by filling out the form available on the WEBSITE. All fields marked with (*) are compulsory and must be completed for the SELLER to process the CLIENT’s order. The CLIENT can check the order status on the WEBSITE thanks to the tracking tools used by some carriers. The CLIENT can also contact the SELLER’s sales department any time by email at contact@inimitable-laloo.com, to have information on the order status. The information provided by the CLIENT to the SELLER when placing an order must be complete, accurate, and up to date. The SELLER reserves the right to ask the CLIENT to confirm his identity, eligibility, as well as all information produced, by any appropriate means. Article 5. ORDERS Article 5.1 Goods Specifications The SELLER shall make every effort to describe the GOODS specifications as clearly as possible (on the information sheets available on the WEBSITE), as well as the mandatory information the CLIENT must be given by virtue of applicable law (in these Terms and Conditions). The CLIENT shall commit to reading that information intently before placing any order on the WEBSITE. The SELLER reserves the right to modify the selection of available GOODS on the WEBSITE, in accordance with supplier constraints. Unless expressly stated otherwise on the WEBSITE, all GOODS sold by the SELLER are new and in compliance with current European legislation and applicable French standards. Article 5.2. Order Process Orders of GOODS must be placed directly on the WEBSITE. To place an order, the CLIENT must follow the stages detailed below (please note however that the stages may vary according to the CLIENT’s start page). 5.2.1. Selection of GOODS and purchasing options The CLIENT shall select the GOOD(S) of his choice by clicking on the selected GOOD(S) and choosing the requested specifications and quantities. Once the GOOD is selected, the GOOD is added to the CLIENT’s shopping cart. The WEBSITE is designed for consumers and not professionals, and as such it is not meant to sell goods in larges quantities. The SELLER reserves the right to reject orders with quantities exceeding 5 items for the same good. 5.2.2. Orders Once the GOODS are selected and added to his shopping cart, the CLIENT must click on the cart and check that the order content is accurate. Unless already done, the CLIENT shall be required to sign in or register. Once the CLIENT has completed the shopping cart validation and signing up / registration processes, an online form will be displayed recapitulating the price, applicable taxes, and delivery costs if applicable. The CLIENT shall check the order content (including quantity, specifications, references of the GOODS ordered, billing address, payment method, and price) before validating it. The CLIENT may then proceed with the payment of the GOODS according to the instructions detailed on the WEBSITE and provide with all the information required for the billing and DELIVERY of the GOODS. As for the GOODS for which options are available, these specific references shall be displayed when the right options have been selected. The placed orders must include all the information required for their process. 5.2.3. Confirmation of Receipt Once all of the aforementioned detailed stages have been completed a confirmation page shall be displayed on the WEBSITE to acknowledge receipt of the CLIENT’s order. A copy of the order confirmation of receipt shall be automatically sent to the CLIENT by email, provided that the email address entered in the registration form is accurate. The SELLER shall not send any order confirmation by post mail or fax. 5.2.4. Billing In the course of the order process, the CLIENT shall enter all the required billing information (All fields marked with (*) are compulsory and must be completed for the SELLER to process the CLIENT’s order). The CLIENT must notably clearly supply with all the details regarding DELIVERY, and more precisely an exact DELIVERY address as well as any access code to the DELIVERY address if need be. The CLIENT shall then have to specify the payment method. Neither the purchase order made online by the CLIENT nor the order confirmation of receipt sent by the SELLER to the CLIENT by email, shall be considered as an invoice. Regardless of the payment method used, the CLIENT shall receive the original invoice upon DELIVERY of the GOODS, inside the parcel. 5.3. Date of Order The date of order is the date when the SELLER acknowledges the order receipt online. Delivery times shall be calculated as of that date. 5.4. Price For all GOODS, the CLIENT shall find the prices listed on the WEBSITE in euros, inclusive of tax, as well as the applicable delivery and shipping costs (based on the parcel, except for packaging and gifts, the DELIVERY address, and the selected carrier or shipping method). Prices are inclusive of Value Added Tax (VAT) at the current rate on the date of order. Any applicable rate modification may impact the GOODS prices as of the date of the new rate coming into force. The applicable VAT rate is measured as a percentage of the GOOD value. The SELLER’s suppliers may modify their prices and as a consequence the prices listed on the WEBSITE are subject to change. Special offers or sales may also result to price change. In the absence of manifest error, all prices are valid. Applicable prices are those listed on the WEBSITE on the date when the order is placed by the CLIENT. 5.5. GOODS Availability The SELLER may apply a “just-in-time” inventory management on some GOODS. As a result the GOODS availability may depend on the SELLER’s inventory. The SELLER commits to carrying out the orders placed provided that the GOODS are available. The unavailability of a GOOD is normally mentioned on the GOOD page. CLIENTS may be notified by the SELLER of a GOOD restocking by sending an email to contact@inimitable-laloo.com. At any rate, should unavailability not have been mentioned when the order was placed, the SELLER shall inform the CLIENT of the GOOD unavailability without delay. The SELLER may, at the customer’s request: offer to ship all the GOODS in whole as soon as the out of stock goods are available, or in instalments by shipping the available GOODS first, and the remaining of the order when the other GOODS are available, provided that the added shipping costs incurred are clearly mentioned, or offer an alternative GOOD of equal quality and price the CLIENT agrees with. Should the CLIENT decide to cancel the order of unavailable GOODS, all sums paid for the unavailable GOODS shall be refunded to the CLIENT without delay and within thirty (30) days from payment at the latest. Article 6. Right of Withdrawal The terms of right of withdrawal are documented in the “Cancellation Policy” section in Appendix 1 of these Terms and Conditions and can be accessed at the bottom of each page of the WEBSITE by clicking on a hypertext link. Article 7. PAYMENT 7.1. Payment Method The CLIENT may use any method offered by the SELLER on the WEBSITE to pay for his GOODS. The CLIENT shall guarantee the SELLER he is fully authorized to use the selected payment method. The SELLER shall take all necessary measures to guarantee the security and confidentiality of the data entered online on the WEBSITE in the course of the online payment. In this respect, be advised that all data regarding the payment entered on the WEBSITE shall be transmitted to the bank of the WEBSITE and shall not be processed on the WEBSITE. 7.2. Date of payment In case of single payment by credit card, the CLIENT’s account shall be debited immediately after the order has been placed on the WEBSITE. In case of DELIVERY in instalments, the total amount shall be debited from the CLIENT’s account upon delivery of the first parcel at the earliest. Should the CLIENT decide to cancel his order of unavailable GOODS, the refund shall be made according to the last paragraph of article 5.5 in these Terms and Conditions. 7.3. PAYMENT DELAY OR REJECTION If the bank rejects payment by credit card or any payment method, the CLIENT shall contact the SELLER’s Customer Service in order to proceed with the payment of his order by any other valid payment method. Should the client fail to pay, for any reason, whether payment has been stopped or rejected, the order shall be cancelled and the transaction automatically terminated. Article 8. Proof and Archiving Any contract entered into with the CLIENT and related to an order exceeding 120 euros inclusive of tax shall be archived by the SELLER for ten (10) years, in accordance with article L. 134-2 of the Code de la Consommation (the French consumer code). The SELLER agrees to archive these data to ensure a monitoring of transactions and produce a copy of the contract at the CLIENT’s request. In the event of a dispute, the SELLER shall be able to prove his electronic monitoring system is reliable and transaction integrity is guaranteed. Article 9. Transfer of property The SELLER shall retain ownership of the GOODS delivered until payment has been made by the CLIENT in full. The aforementioned provisions shall not prevent transfer to the CLIENT, upon the handover by him or a third party designated by him other than the carrier, of the risk of loss or damage of the GOODS which are subject to retention of ownership, as well as the risk of damage they may cause. Article 10. Delivery The terms of DELIVERY of the GOODS are documented in the “Delivery Policy” section in Appendix 2 of these Terms and Conditions and can be accessed at the bottom of each page of the WEBSITE by clicking on a hypertext link. Article 11. Packaging The GOODS shall be packaged in compliance with the current shipping standards, in order to ensure optimal protection for the GOODS in the course of DELIVERY. CLIENTS shall comply with the same standards as they return GOODS in accordance with the terms documented in Appendix 1 – Withdrawal Policy Article 12. Warranty 12.1. Conformity Warranty The SELLER shall deliver a conforming GOOD which is suitable for the expected use of a similar good, and corresponds to the description detailed on the WEBSITE. Such conformity also implies that the GOOD has qualities a purchaser is entitled to expect regarding the publicity made by the SELLER, including advertising and labeling. In that respect, the SELLER shall answer for any existing lack of conformity upon handover and lack of conformity resulting from packaging, assembly instructions, or installation when performed by the SELLER or under his responsibility. Any claim resulting from lack of conformity shall be filed within the prescribed period of two (2) years from the HANDOVER of the GOOD. In the event of lack of conformity the CLIENT shall be entitled to request the replacement or repair of the GOOD, at his discretion. However should the cost of the CLIENT’s choice be patently disproportionate as compared to the other possible option, considering the GOOD value or the importance of the defect, the SELLER shall proceed with a refund, without satisfying the choice made by the CLIENT. Should the replacement or repair be impossible, the SELLER shall refund the CLIENT with the price of the GOOD within 30 days upon receipt of the returned GOOD, in exchange for the GOOD returned by the CLIENT to the following address: Inimitable Laloo, 320 rue Saint-Honoré 75001 Paris – France. 12.2. Warranty against Latent Defects The SELLER shall be bound to warranty against the latent defects of the GOOD sold which render it unfit for the use for which it was intended, or which so diminish its usefulness that the CLIENT would not have purchased it or would have paid a lesser price, had he been aware of them. Such warranty allows the CLIENT who can show proof of the existence of a latent defect, to choose between the refund of the price of the GOOD in full, provided that the GOOD is returned, or its refund in part if the GOOD is not returned. Should the replacement or repair be impossible, the SELLER shall refund the CLIENT with the price of the GOOD within 30 days upon receipt of the returned GOOD, in exchange for the GOOD returned by the CLIENT at the following address: Inimitable Laloo, 320 rue Saint-Honoré 75001 Paris – France. Any claim resulting from latent defects shall be filed within the prescribed period of two (2) years from discovery of the defect. Article 13. Liability The SELLER shall not be held liable in case the CLIENT fails to perform or improperly performs his contractual obligations, notably when entering the details of his order. The SELLER shall not be held liable or considered to have breached these terms in the event of any delay or failure to perform his obligations when such delay or failure to perform results from a case of force majeure, as defined by French jurisprudence and courts. Furthermore it shall be specified that the SELLER has no control on the websites which are directly or indirectly connected with the WEBSITE. As a consequence the SELLER shall in no way be responsible for the content of these websites. The links to third party websites shall be provided by way of reference only and their content shall be excluded from any warranty. Article 14. Personal Data The SELLER shall collect his CLIENTS’ personal data on the WEBSITE, including through cookies. CLIENTS may disable cookies by following instructions supplied by their browsers. The data collected by the SELLER shall be used to process the orders placed on the WEBSITE, manage the CLIENT’s account, analyze orders, and, if the CLIENT selects this option, send him sales prospecting mails, newsletters, special offers and/or information on special offers, unless the CLIENT wishes not to receive such publicity from the SELLER. The CLIENT’s data shall be stored and kept confidential by the SELLER, in accordance with the declaration filed with the CNIL (French data protection authority) under number 1814866v0 on 28 November 2014, for the purpose of the contract and the execution thereof, and in compliance with the law. CLIENTS may unsubscribe any time by clicking on the dedicated hypertext link at the bottom of each offer sent by email. Data may be disclosed, in full or in part, to the SELLER’s service providers which take part in the order process. In compliance with the loi Informatique et Libertés n°78-17 (French data protection act) dated 6 January 1978, the CLIENT shall have the right to access his personal data, and have them corrected, blocked (on legitimate grounds), and deleted. He may exercise that right by sending an email at: contact@inimitable-laloo.com, or a post mail to Inimitable Laloo 320 rue Saint-Honoré 75001 Paris. It is to be noted that the CLIENT must be able to justify his identity by scanning an identity document, or mailing a photocopy of his identity document to the SELLER. Article 15. Action against Internet Fraud In order to fight against internet fraud, the data regarding your order shall be processed automatically and transmitted to a service provider for monitoring. That automated data process aims to determine the security level of a transaction and fight against credit card fraud. The SELLER and the service provider designated by it to proceed with the monitoring shall be the recipents of the data regarding your order. Should your order not be confirmed on the ground that it does not meet the security standards set within the framework of our anti-fraud policy, the details regarding your order shall be stored in an incident file. In compliance with the loi Informatique et Libertés n°78-17 (French data protection act) dated 6 January 1978, you shall have the right to access your personal data, and have them corrected, or blocked by writing a request letter and justifying your identity. The SELLER reserves the right to cancel an order subject to fraudulent use of credit card without notice. Article 16. Claims The SELLER makes available a “Customer Hotline” to the CLIENT, the number of which being 06 59 49 32 67 (not surcharged call). Any written claim by the CLIENT shall be sent to the following address: Inimitable Laloo, 320 rue Saint-Honoré 75001 Paris. Article 17. Intellectual Property All visual and audio features on the WEBSITE, including the underlying technology that is used, shall be protected by copyright, trademark right, and/or patents. Those features shall be the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the WEBSITE shall request the SELLER’s consent in writing. Such consent shall in no way be granted permanently. That link shall be removed upon request from the SELLER. Hypertext links to the WEBSITE which use framing or in-line linking techniques, or other similar techniques, are strictly forbidden. Article 18. Newsletter The SELLER publishes a newsletter on a regular basis to which the CLIENT may subscribe to have information about the latest services and offers on the WEBSITE. The CLIENT may usubscribe any time by clicking on the unsubscribe link at the bottom of each newsletter. Article 19. Facebook The SELLER offers supplementary services with the use of functionalities on FACEBOOK digital platform (hereinafter “Facebook”). When the CLIENT visits a page on the WEBSITE with such a plug-in, his browser creates a direct connection with Facebook servers. Facebook is informed of the CLIENT’s browser accessing the corresponding page of the WEBSITE, even if the CLIENT doe not have a Facebook user account, or if he has logged off from his Facebook account at that moment. That piece of information is sent through the CLIENT’s browser to a Facebook server located and registered in the USA. If the CLIENT is connected on Facebook while browsing the WEBSITE, Facebook will be able to link his visit with his Facebook user account. If the CLIENT interacts by using plug-ins, for example by clicking on the “I Like” button or leaving a comment, the corresponding data will be transmitted to and recorded in the Facebook server. They will be published on the CLIENT’s Facebook account. Should the CLIENT not want Facebook to link the data collected through the SELLER with his Facebook user account, he will have to log off from Facebook before visiting the WEBSITE. Article 20. Terms and Conditions Validity and Severability Should there be any change to legislation or existing regulations, or should one or several provisions of these Terms and Conditions be held by any competent court to be invalid, the validity of these Terms and Conditions shall not be affected. Such a change or decision shall in no way entitle CLIENTS to ignore these Terms and Conditions. Any provision that is not expressly stated in these terms shall be governed in accordance with accepted commercial practice to individuals, for companies whose head offices are in France. Article 21. Amendment to Terms and Conditions These Terms and Conditions shall be applicable to all purchases made online on the WEBSITE, as long as the WEBSITE is available online. The Terms and Conditions are precisely dated and may be amended and updated by the SELLER any time. The applicable Terms and Conditions are those in force on the date of the order. The amendments to the Terms and Conditions shall not be applicable to the GOODS purchased prior to the amendments thereof. Article 22. Governing Law These Terms and conditions as well as relations between the CLIENT and the SELLER shall be governed by the French law. Only French courts shall be competent to settle any dispute that may arise. However, in the event that a dispute arises regarding this contract, including the validity thereof, negotiation shall be favored prior to any recourse to arbitration or litigation, in a spirit of faithfulness and good faith and with the aim to come to an amicable settlement. The party that wishes to implement the negotiation process shall notify the other party by registered letter with acknowledgement of receipt in which the facts regarding the dispute shall be listed. In the event that both parties fail to come to an agreement within a time period of 15 days, the dispute shall be submitted to the competent court designated hereinafter. During the negotiation process and until its outcome, none of the parties shall take legal action one against the other for the dispute which is subject to negotiation. As an exception, both parties may appeal to the “juridiction des référés” (an exceptional jurisdiction for urgent matters) or file a petition for an order on motion. By filing an action before the “jurisdiction des référés” or a petition for an order on motion, the parties shall not waive the amicable settlement provision, unless expressly stated otherwise. APPENDIX 1 WITHDRAWAL POLICY Right of Withdrawal As a principle, the CLIENT has the right to return or restore the GOOD to the SELLER or his proxy, without undue delay, and no later than fourteen (14) days from the date when he notifies his decision to exercise his right of withdrawal, unless the SELLER offers to recover the GOOD himself. Withdrawal Period The withdrawal period shall expire after fourteen (14) calendar days from the day when the CLIENT or a third party designated by the CLIENT, but other than the carrier, takes physical possession of the GOOD. If the CLIENT’s order is composed of several GOODS and those GOODS are delivered separately, the withdrawal period shall expire after fourteen (14) calendar days from the day when the CLIENT or a third party designated by the CLIENT, but other than the carrier, takes physical possession of the last GOOD. Right of Withdrawal Notification To exercise his right of withdrawal, the CLIENT shall notify the SELLER of his decision to withdraw from this contract without any ambiguity by post mail to: Inimitable Laloo, 320 rue Saint-Honoré 75001 Paris or by email to contact@inimitable-laloo.com. He can also use the form below: WITHDRAWAL FORM To [*] (*Details of) SELLER’s telephone number*: SELLER’s email address*: I hereby notify you my withdrawal from the contract for the sale of the GOOD below: GOOD reference: Invoice n°: Purchase order n°: – Ordered on [____________]/delivered on [________________] – Payment method used: – CLIENT’s name and beneficiary of the order, if need be: – CLIENT’s address : – Delivery address: – CLIENT’s signature (except when notified by email) – Date To comply with the withdrawal period terms, the CLIENT shall send his notification regarding his right of withdrawal before the withdrawal period expires. Consequences of Withdrawal In the event that the CLIENT exercises his right of withdrawal, the SELLER shall refund him with all payments made, including delivery and shipping costs, without undue delay and no later than fourteen (14) days upon receipt by the SELLER of the CLIENT’s notification with his decision to exercise his right of withdrawal. For this payment, the SELLER shall use the same payment method as the one used by the CLIENT for the original transaction, unless expressly agreed otherwise with the CLIENT, in any event, the CLIENT shall not be charged any fee for this refund. The SELLER may withhold the refund until he has received back the GOOD, or the CLIENT has shown proof that he has sent back the GOOD, whichever date is earlier. Return Policy The CLIENT shall return the GOOD without undue delay, and no later than fourteen (14) days from the date when he notifies his decision to withdraw from this contract, to: Inimitable Laloo, 320 rue Saint-Honoré 75001 Paris. That deadline shall be deemed to have been met provided that the CLIENT sends the GOOD within the fourteen day period. Return Costs The CLIENT shall bear the direct return costs of the GOOD. Returned Good Condition The GOOD shall be returned in accordance with the SELLER’s instructions and shall notably include all accessories delivered. The CLIENT shall only be held responsible for any diminished value of the GOOD resulting from unnecessary handling on his part, other than with the aim to determine the nature, features, and proper operation of such GOOD. In other words, the CLIENT shall be entitled to test the GOOD, but he may be held responsible in case of unnecessary handling. In that event, the SELLER reserves the right to apply a valuation markdown. Packaging The GOODS shall be packaged in compliance with the current shipping standards in order to guarantee optimal protection for all GOODS in the course of DELIVERY. CLIENTS shall comply with the same standards when they return GOODS. In that respect, the CLIENT shall return the GOOD that does not suit him in its original package and in good condition, fit for re-marketing. APPENDIX 2: DELIVERY POLICY Delivery Area The GOODS shall only be delivered within the TERRITORY. It is impossible to place an order when the delivery address is outside such TERRITORY. GOODS shall be shipped to the delivery address(es) entered by the CLIENT in the course of the order process. Shipping Method The SELLER shall ship orders within the TERRITORY through La Poste Colissimo service. Shipping Deadlines The deadlines to prepare an order and issue the invoice before shipping GOODS in stock are mentioned on the WEBSITE. Those deadlines exclude weekends and public holidays. An automated email shall be sent to the CLIENT upon shipping of the GOODS, provided that the email address entered in the registration form is accurate. Delivery Times and Costs In the course of the order, the SELLER shall inform the CLIENT of the delivery times and options available for the purchased GOODS. The delivery costs are calculated based on the shipping method. The amount of those costs shall be borne by the CLIENT and added to the price of the purchased GOODS. Delivery deadlines and costs are detailed on the WEBSITE. DELIVERY Terms The parcel shall be shipped to the CLIENT through La Poste Colisimo service. In the event the CLIENT is absent, a non-delivery notice shall be left for him to pick up his parcel at the nearest post office. DELIVERY issues The client shall be notified of the set delivery date when he selects the carrier, at the end of the online order process, before order confirmation. Deliveries shall be carried out within thirty (30) days at the latest. Failing that, the CLIENT shall send a formal notice to the SELLER to have the delivery carried out within a reasonable time period, and in the event of non-delivery within that time period, he shall be entitled to terminate the contract. The SELLER shall refund the CLIENT, without undue delay upon receipt of the termination letter, with all payments for the GOODS, inclusive of tax and delivery costs, with the same payment method as the one used by the CLIENT to purchase the GOODS. The SELLER shall be held responsible until the GOOD is delivered to the CLIENT. The CLIENT shall have a period of three (3) days to notify the carrier of any damage or partial loss noticed upon delivery.
These General Terms and Conditions of Sale (hereinafter referred to as the “Terms and Conditions”) shall apply to any purchase made by an internet user / natural person (hereinafter called the “CLIENT”) on website www.inimitable-laloo.com (hereinafter called the « WEBSITE ») with Inimitable Laloo , an SAS registered in the Paris RCS (trade and corporate register) under number 804 578 730, whose head offices are located at 320 rue Saint-Honoré 75001 Paris, France Tel : 06 59 49 32 67, email: contact@inimitable-laloo.com (hereinafter called the “SELLER”). IMPORTANT
All orders placed on the WEBSITE shall imply the CLIENT’s full acceptance of these General Terms and Conditions of Sale, without any reservation whatsoever. Article 1. DEFINITIONS The words used hereinafter in the General Terms and Conditions of Sale have the following meanings: “CLIENT” means the SELLER’s co-contracting party who has the status of consumer according to French laws and jurisprudence. As such it is expressly provided that the CLIENT acts outside the scope of any usual business activity. “DELIVERY” means the first display of the GOODS ordered by the CLIENT at the delivery address entered when the order was placed. “GOODS” means all of the goods available on the WEBSITE. “TERRITORY” means mainland FRANCE, including Corsica (excluding French overseas departments and territories). Article 2. OBJECT These Terms and Conditions shall apply to all GOODS sold by the SELLER to his CLIENTS.
The CLIENT is clearly informed and acknowledges that the WEBSITE is designed for consumers, and professionals must contact the SELLER’s sales department to benefit from specific contractual terms. Article 3. ACCEPTANCE OF TERMS AND CONDITIONS The CLIENT shall read intently and accept these Terms and Conditions before proceeding with the payment of any order of GOODS placed on the WEBSITE. These Terms and Conditions are displayed at the bottom of each page on the WEBSITE by clicking on the dedicated link, and must be perused before any order placement. The CLIENT is encouraged to read intently, download, print, and keep a copy of these Terms and Conditions. The SELLER advises the CLIENT to read the Terms and Conditions upon each order as the latest version of the aforementioned Terms shall be applicable to any new order of GOODS. By clicking on the first button to place the order and the second one to confirm the aforementioned order, the CLIENT acknowledges to have read, understood, and accepted the Terms and Conditions without any limitation or condition. Article 4. OPENING AN ACCOUNT – PURCHASING GOODS ON THE WEBSITE In order to purchase GOODS, the CLIENT must be 18 or older and have a full legal capacity, minors must be able to show proof of the consent of their legal representatives. The CLIENT shall be required to provide information for identification by filling out the form available on the WEBSITE. All fields marked with (*) are compulsory and must be completed for the SELLER to process the CLIENT’s order. The CLIENT can check the order status on the WEBSITE thanks to the tracking tools used by some carriers. The CLIENT can also contact the SELLER’s sales department any time by email at contact@inimitable-laloo.com, to have information on the order status. The information provided by the CLIENT to the SELLER when placing an order must be complete, accurate, and up to date. The SELLER reserves the right to ask the CLIENT to confirm his identity, eligibility, as well as all information produced, by any appropriate means. Article 5. ORDERS Article 5.1 Goods Specifications The SELLER shall make every effort to describe the GOODS specifications as clearly as possible (on the information sheets available on the WEBSITE), as well as the mandatory information the CLIENT must be given by virtue of applicable law (in these Terms and Conditions). The CLIENT shall commit to reading that information intently before placing any order on the WEBSITE. The SELLER reserves the right to modify the selection of available GOODS on the WEBSITE, in accordance with supplier constraints. Unless expressly stated otherwise on the WEBSITE, all GOODS sold by the SELLER are new and in compliance with current European legislation and applicable French standards. Article 5.2. Order Process Orders of GOODS must be placed directly on the WEBSITE. To place an order, the CLIENT must follow the stages detailed below (please note however that the stages may vary according to the CLIENT’s start page). 5.2.1. Selection of GOODS and purchasing options The CLIENT shall select the GOOD(S) of his choice by clicking on the selected GOOD(S) and choosing the requested specifications and quantities. Once the GOOD is selected, the GOOD is added to the CLIENT’s shopping cart. The WEBSITE is designed for consumers and not professionals, and as such it is not meant to sell goods in larges quantities. The SELLER reserves the right to reject orders with quantities exceeding 5 items for the same good. 5.2.2. Orders Once the GOODS are selected and added to his shopping cart, the CLIENT must click on the cart and check that the order content is accurate. Unless already done, the CLIENT shall be required to sign in or register. Once the CLIENT has completed the shopping cart validation and signing up / registration processes, an online form will be displayed recapitulating the price, applicable taxes, and delivery costs if applicable. The CLIENT shall check the order content (including quantity, specifications, references of the GOODS ordered, billing address, payment method, and price) before validating it. The CLIENT may then proceed with the payment of the GOODS according to the instructions detailed on the WEBSITE and provide with all the information required for the billing and DELIVERY of the GOODS. As for the GOODS for which options are available, these specific references shall be displayed when the right options have been selected. The placed orders must include all the information required for their process. 5.2.3. Confirmation of Receipt Once all of the aforementioned detailed stages have been completed a confirmation page shall be displayed on the WEBSITE to acknowledge receipt of the CLIENT’s order. A copy of the order confirmation of receipt shall be automatically sent to the CLIENT by email, provided that the email address entered in the registration form is accurate. The SELLER shall not send any order confirmation by post mail or fax. 5.2.4. Billing In the course of the order process, the CLIENT shall enter all the required billing information (All fields marked with (*) are compulsory and must be completed for the SELLER to process the CLIENT’s order). The CLIENT must notably clearly supply with all the details regarding DELIVERY, and more precisely an exact DELIVERY address as well as any access code to the DELIVERY address if need be. The CLIENT shall then have to specify the payment method. Neither the purchase order made online by the CLIENT nor the order confirmation of receipt sent by the SELLER to the CLIENT by email, shall be considered as an invoice. Regardless of the payment method used, the CLIENT shall receive the original invoice upon DELIVERY of the GOODS, inside the parcel. 5.3. Date of Order The date of order is the date when the SELLER acknowledges the order receipt online. Delivery times shall be calculated as of that date. 5.4. Price For all GOODS, the CLIENT shall find the prices listed on the WEBSITE in euros, inclusive of tax, as well as the applicable delivery and shipping costs (based on the parcel, except for packaging and gifts, the DELIVERY address, and the selected carrier or shipping method). Prices are inclusive of Value Added Tax (VAT) at the current rate on the date of order. Any applicable rate modification may impact the GOODS prices as of the date of the new rate coming into force. The applicable VAT rate is measured as a percentage of the GOOD value. The SELLER’s suppliers may modify their prices and as a consequence the prices listed on the WEBSITE are subject to change. Special offers or sales may also result to price change. In the absence of manifest error, all prices are valid. Applicable prices are those listed on the WEBSITE on the date when the order is placed by the CLIENT. 5.5. GOODS Availability The SELLER may apply a “just-in-time” inventory management on some GOODS. As a result the GOODS availability may depend on the SELLER’s inventory. The SELLER commits to carrying out the orders placed provided that the GOODS are available. The unavailability of a GOOD is normally mentioned on the GOOD page. CLIENTS may be notified by the SELLER of a GOOD restocking by sending an email to contact@inimitable-laloo.com. At any rate, should unavailability not have been mentioned when the order was placed, the SELLER shall inform the CLIENT of the GOOD unavailability without delay. The SELLER may, at the customer’s request: offer to ship all the GOODS in whole as soon as the out of stock goods are available, or in instalments by shipping the available GOODS first, and the remaining of the order when the other GOODS are available, provided that the added shipping costs incurred are clearly mentioned, or offer an alternative GOOD of equal quality and price the CLIENT agrees with. Should the CLIENT decide to cancel the order of unavailable GOODS, all sums paid for the unavailable GOODS shall be refunded to the CLIENT without delay and within thirty (30) days from payment at the latest. Article 6. Right of Withdrawal The terms of right of withdrawal are documented in the “Cancellation Policy” section in Appendix 1 of these Terms and Conditions and can be accessed at the bottom of each page of the WEBSITE by clicking on a hypertext link. Article 7. PAYMENT 7.1. Payment Method The CLIENT may use any method offered by the SELLER on the WEBSITE to pay for his GOODS. The CLIENT shall guarantee the SELLER he is fully authorized to use the selected payment method. The SELLER shall take all necessary measures to guarantee the security and confidentiality of the data entered online on the WEBSITE in the course of the online payment. In this respect, be advised that all data regarding the payment entered on the WEBSITE shall be transmitted to the bank of the WEBSITE and shall not be processed on the WEBSITE. 7.2. Date of payment In case of single payment by credit card, the CLIENT’s account shall be debited immediately after the order has been placed on the WEBSITE. In case of DELIVERY in instalments, the total amount shall be debited from the CLIENT’s account upon delivery of the first parcel at the earliest. Should the CLIENT decide to cancel his order of unavailable GOODS, the refund shall be made according to the last paragraph of article 5.5 in these Terms and Conditions. 7.3. PAYMENT DELAY OR REJECTION If the bank rejects payment by credit card or any payment method, the CLIENT shall contact the SELLER’s Customer Service in order to proceed with the payment of his order by any other valid payment method. Should the client fail to pay, for any reason, whether payment has been stopped or rejected, the order shall be cancelled and the transaction automatically terminated. Article 8. Proof and Archiving Any contract entered into with the CLIENT and related to an order exceeding 120 euros inclusive of tax shall be archived by the SELLER for ten (10) years, in accordance with article L. 134-2 of the Code de la Consommation (the French consumer code). The SELLER agrees to archive these data to ensure a monitoring of transactions and produce a copy of the contract at the CLIENT’s request. In the event of a dispute, the SELLER shall be able to prove his electronic monitoring system is reliable and transaction integrity is guaranteed. Article 9. Transfer of property The SELLER shall retain ownership of the GOODS delivered until payment has been made by the CLIENT in full. The aforementioned provisions shall not prevent transfer to the CLIENT, upon the handover by him or a third party designated by him other than the carrier, of the risk of loss or damage of the GOODS which are subject to retention of ownership, as well as the risk of damage they may cause. Article 10. Delivery The terms of DELIVERY of the GOODS are documented in the “Delivery Policy” section in Appendix 2 of these Terms and Conditions and can be accessed at the bottom of each page of the WEBSITE by clicking on a hypertext link. Article 11. Packaging The GOODS shall be packaged in compliance with the current shipping standards, in order to ensure optimal protection for the GOODS in the course of DELIVERY. CLIENTS shall comply with the same standards as they return GOODS in accordance with the terms documented in Appendix 1 – Withdrawal Policy Article 12. Warranty 12.1. Conformity Warranty The SELLER shall deliver a conforming GOOD which is suitable for the expected use of a similar good, and corresponds to the description detailed on the WEBSITE. Such conformity also implies that the GOOD has qualities a purchaser is entitled to expect regarding the publicity made by the SELLER, including advertising and labeling. In that respect, the SELLER shall answer for any existing lack of conformity upon handover and lack of conformity resulting from packaging, assembly instructions, or installation when performed by the SELLER or under his responsibility. Any claim resulting from lack of conformity shall be filed within the prescribed period of two (2) years from the HANDOVER of the GOOD. In the event of lack of conformity the CLIENT shall be entitled to request the replacement or repair of the GOOD, at his discretion. However should the cost of the CLIENT’s choice be patently disproportionate as compared to the other possible option, considering the GOOD value or the importance of the defect, the SELLER shall proceed with a refund, without satisfying the choice made by the CLIENT. Should the replacement or repair be impossible, the SELLER shall refund the CLIENT with the price of the GOOD within 30 days upon receipt of the returned GOOD, in exchange for the GOOD returned by the CLIENT to the following address: Inimitable Laloo, 320 rue Saint-Honoré 75001 Paris – France. 12.2. Warranty against Latent Defects The SELLER shall be bound to warranty against the latent defects of the GOOD sold which render it unfit for the use for which it was intended, or which so diminish its usefulness that the CLIENT would not have purchased it or would have paid a lesser price, had he been aware of them. Such warranty allows the CLIENT who can show proof of the existence of a latent defect, to choose between the refund of the price of the GOOD in full, provided that the GOOD is returned, or its refund in part if the GOOD is not returned. Should the replacement or repair be impossible, the SELLER shall refund the CLIENT with the price of the GOOD within 30 days upon receipt of the returned GOOD, in exchange for the GOOD returned by the CLIENT at the following address: Inimitable Laloo, 320 rue Saint-Honoré 75001 Paris – France. Any claim resulting from latent defects shall be filed within the prescribed period of two (2) years from discovery of the defect. Article 13. Liability The SELLER shall not be held liable in case the CLIENT fails to perform or improperly performs his contractual obligations, notably when entering the details of his order. The SELLER shall not be held liable or considered to have breached these terms in the event of any delay or failure to perform his obligations when such delay or failure to perform results from a case of force majeure, as defined by French jurisprudence and courts. Furthermore it shall be specified that the SELLER has no control on the websites which are directly or indirectly connected with the WEBSITE. As a consequence the SELLER shall in no way be responsible for the content of these websites. The links to third party websites shall be provided by way of reference only and their content shall be excluded from any warranty. Article 14. Personal Data The SELLER shall collect his CLIENTS’ personal data on the WEBSITE, including through cookies. CLIENTS may disable cookies by following instructions supplied by their browsers. The data collected by the SELLER shall be used to process the orders placed on the WEBSITE, manage the CLIENT’s account, analyze orders, and, if the CLIENT selects this option, send him sales prospecting mails, newsletters, special offers and/or information on special offers, unless the CLIENT wishes not to receive such publicity from the SELLER. The CLIENT’s data shall be stored and kept confidential by the SELLER, in accordance with the declaration filed with the CNIL (French data protection authority) under number 1814866v0 on 28 November 2014, for the purpose of the contract and the execution thereof, and in compliance with the law. CLIENTS may unsubscribe any time by clicking on the dedicated hypertext link at the bottom of each offer sent by email. Data may be disclosed, in full or in part, to the SELLER’s service providers which take part in the order process. In compliance with the loi Informatique et Libertés n°78-17 (French data protection act) dated 6 January 1978, the CLIENT shall have the right to access his personal data, and have them corrected, blocked (on legitimate grounds), and deleted. He may exercise that right by sending an email at: contact@inimitable-laloo.com, or a post mail to Inimitable Laloo 320 rue Saint-Honoré 75001 Paris. It is to be noted that the CLIENT must be able to justify his identity by scanning an identity document, or mailing a photocopy of his identity document to the SELLER. Article 15. Action against Internet Fraud In order to fight against internet fraud, the data regarding your order shall be processed automatically and transmitted to a service provider for monitoring. That automated data process aims to determine the security level of a transaction and fight against credit card fraud. The SELLER and the service provider designated by it to proceed with the monitoring shall be the recipents of the data regarding your order. Should your order not be confirmed on the ground that it does not meet the security standards set within the framework of our anti-fraud policy, the details regarding your order shall be stored in an incident file. In compliance with the loi Informatique et Libertés n°78-17 (French data protection act) dated 6 January 1978, you shall have the right to access your personal data, and have them corrected, or blocked by writing a request letter and justifying your identity. The SELLER reserves the right to cancel an order subject to fraudulent use of credit card without notice. Article 16. Claims The SELLER makes available a “Customer Hotline” to the CLIENT, the number of which being 06 59 49 32 67 (not surcharged call). Any written claim by the CLIENT shall be sent to the following address: Inimitable Laloo, 320 rue Saint-Honoré 75001 Paris. Article 17. Intellectual Property All visual and audio features on the WEBSITE, including the underlying technology that is used, shall be protected by copyright, trademark right, and/or patents. Those features shall be the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the WEBSITE shall request the SELLER’s consent in writing. Such consent shall in no way be granted permanently. That link shall be removed upon request from the SELLER. Hypertext links to the WEBSITE which use framing or in-line linking techniques, or other similar techniques, are strictly forbidden. Article 18. Newsletter The SELLER publishes a newsletter on a regular basis to which the CLIENT may subscribe to have information about the latest services and offers on the WEBSITE. The CLIENT may usubscribe any time by clicking on the unsubscribe link at the bottom of each newsletter. Article 19. Facebook The SELLER offers supplementary services with the use of functionalities on FACEBOOK digital platform (hereinafter “Facebook”). When the CLIENT visits a page on the WEBSITE with such a plug-in, his browser creates a direct connection with Facebook servers. Facebook is informed of the CLIENT’s browser accessing the corresponding page of the WEBSITE, even if the CLIENT doe not have a Facebook user account, or if he has logged off from his Facebook account at that moment. That piece of information is sent through the CLIENT’s browser to a Facebook server located and registered in the USA. If the CLIENT is connected on Facebook while browsing the WEBSITE, Facebook will be able to link his visit with his Facebook user account. If the CLIENT interacts by using plug-ins, for example by clicking on the “I Like” button or leaving a comment, the corresponding data will be transmitted to and recorded in the Facebook server. They will be published on the CLIENT’s Facebook account. Should the CLIENT not want Facebook to link the data collected through the SELLER with his Facebook user account, he will have to log off from Facebook before visiting the WEBSITE. Article 20. Terms and Conditions Validity and Severability Should there be any change to legislation or existing regulations, or should one or several provisions of these Terms and Conditions be held by any competent court to be invalid, the validity of these Terms and Conditions shall not be affected. Such a change or decision shall in no way entitle CLIENTS to ignore these Terms and Conditions. Any provision that is not expressly stated in these terms shall be governed in accordance with accepted commercial practice to individuals, for companies whose head offices are in France. Article 21. Amendment to Terms and Conditions These Terms and Conditions shall be applicable to all purchases made online on the WEBSITE, as long as the WEBSITE is available online. The Terms and Conditions are precisely dated and may be amended and updated by the SELLER any time. The applicable Terms and Conditions are those in force on the date of the order. The amendments to the Terms and Conditions shall not be applicable to the GOODS purchased prior to the amendments thereof. Article 22. Governing Law These Terms and conditions as well as relations between the CLIENT and the SELLER shall be governed by the French law. Only French courts shall be competent to settle any dispute that may arise. However, in the event that a dispute arises regarding this contract, including the validity thereof, negotiation shall be favored prior to any recourse to arbitration or litigation, in a spirit of faithfulness and good faith and with the aim to come to an amicable settlement. The party that wishes to implement the negotiation process shall notify the other party by registered letter with acknowledgement of receipt in which the facts regarding the dispute shall be listed. In the event that both parties fail to come to an agreement within a time period of 15 days, the dispute shall be submitted to the competent court designated hereinafter. During the negotiation process and until its outcome, none of the parties shall take legal action one against the other for the dispute which is subject to negotiation. As an exception, both parties may appeal to the “juridiction des référés” (an exceptional jurisdiction for urgent matters) or file a petition for an order on motion. By filing an action before the “jurisdiction des référés” or a petition for an order on motion, the parties shall not waive the amicable settlement provision, unless expressly stated otherwise. APPENDIX 1 WITHDRAWAL POLICY Right of Withdrawal As a principle, the CLIENT has the right to return or restore the GOOD to the SELLER or his proxy, without undue delay, and no later than fourteen (14) days from the date when he notifies his decision to exercise his right of withdrawal, unless the SELLER offers to recover the GOOD himself. Withdrawal Period The withdrawal period shall expire after fourteen (14) calendar days from the day when the CLIENT or a third party designated by the CLIENT, but other than the carrier, takes physical possession of the GOOD. If the CLIENT’s order is composed of several GOODS and those GOODS are delivered separately, the withdrawal period shall expire after fourteen (14) calendar days from the day when the CLIENT or a third party designated by the CLIENT, but other than the carrier, takes physical possession of the last GOOD. Right of Withdrawal Notification To exercise his right of withdrawal, the CLIENT shall notify the SELLER of his decision to withdraw from this contract without any ambiguity by post mail to: Inimitable Laloo, 320 rue Saint-Honoré 75001 Paris or by email to contact@inimitable-laloo.com. He can also use the form below: WITHDRAWAL FORM To [*] (*Details of) SELLER’s telephone number*: SELLER’s email address*: I hereby notify you my withdrawal from the contract for the sale of the GOOD below: GOOD reference: Invoice n°: Purchase order n°: – Ordered on [____________]/delivered on [________________] – Payment method used: – CLIENT’s name and beneficiary of the order, if need be: – CLIENT’s address : – Delivery address: – CLIENT’s signature (except when notified by email) – Date To comply with the withdrawal period terms, the CLIENT shall send his notification regarding his right of withdrawal before the withdrawal period expires. Consequences of Withdrawal In the event that the CLIENT exercises his right of withdrawal, the SELLER shall refund him with all payments made, including delivery and shipping costs, without undue delay and no later than fourteen (14) days upon receipt by the SELLER of the CLIENT’s notification with his decision to exercise his right of withdrawal. For this payment, the SELLER shall use the same payment method as the one used by the CLIENT for the original transaction, unless expressly agreed otherwise with the CLIENT, in any event, the CLIENT shall not be charged any fee for this refund. The SELLER may withhold the refund until he has received back the GOOD, or the CLIENT has shown proof that he has sent back the GOOD, whichever date is earlier. Return Policy The CLIENT shall return the GOOD without undue delay, and no later than fourteen (14) days from the date when he notifies his decision to withdraw from this contract, to: Inimitable Laloo, 320 rue Saint-Honoré 75001 Paris. That deadline shall be deemed to have been met provided that the CLIENT sends the GOOD within the fourteen day period. Return Costs The CLIENT shall bear the direct return costs of the GOOD. Returned Good Condition The GOOD shall be returned in accordance with the SELLER’s instructions and shall notably include all accessories delivered. The CLIENT shall only be held responsible for any diminished value of the GOOD resulting from unnecessary handling on his part, other than with the aim to determine the nature, features, and proper operation of such GOOD. In other words, the CLIENT shall be entitled to test the GOOD, but he may be held responsible in case of unnecessary handling. In that event, the SELLER reserves the right to apply a valuation markdown. Packaging The GOODS shall be packaged in compliance with the current shipping standards in order to guarantee optimal protection for all GOODS in the course of DELIVERY. CLIENTS shall comply with the same standards when they return GOODS. In that respect, the CLIENT shall return the GOOD that does not suit him in its original package and in good condition, fit for re-marketing. APPENDIX 2: DELIVERY POLICY Delivery Area The GOODS shall only be delivered within the TERRITORY. It is impossible to place an order when the delivery address is outside such TERRITORY. GOODS shall be shipped to the delivery address(es) entered by the CLIENT in the course of the order process. Shipping Method The SELLER shall ship orders within the TERRITORY through La Poste Colissimo service. Shipping Deadlines The deadlines to prepare an order and issue the invoice before shipping GOODS in stock are mentioned on the WEBSITE. Those deadlines exclude weekends and public holidays. An automated email shall be sent to the CLIENT upon shipping of the GOODS, provided that the email address entered in the registration form is accurate. Delivery Times and Costs In the course of the order, the SELLER shall inform the CLIENT of the delivery times and options available for the purchased GOODS. The delivery costs are calculated based on the shipping method. The amount of those costs shall be borne by the CLIENT and added to the price of the purchased GOODS. Delivery deadlines and costs are detailed on the WEBSITE. DELIVERY Terms The parcel shall be shipped to the CLIENT through La Poste Colisimo service. In the event the CLIENT is absent, a non-delivery notice shall be left for him to pick up his parcel at the nearest post office. DELIVERY issues The client shall be notified of the set delivery date when he selects the carrier, at the end of the online order process, before order confirmation. Deliveries shall be carried out within thirty (30) days at the latest. Failing that, the CLIENT shall send a formal notice to the SELLER to have the delivery carried out within a reasonable time period, and in the event of non-delivery within that time period, he shall be entitled to terminate the contract. The SELLER shall refund the CLIENT, without undue delay upon receipt of the termination letter, with all payments for the GOODS, inclusive of tax and delivery costs, with the same payment method as the one used by the CLIENT to purchase the GOODS. The SELLER shall be held responsible until the GOOD is delivered to the CLIENT. The CLIENT shall have a period of three (3) days to notify the carrier of any damage or partial loss noticed upon delivery.
