ONLINE SALE OF GOODS TERMS AND CONDITIONSThese terms and conditions (hereinafter ”Terms and Conditions”) apply to all purchases made by You on our http://www.maisonlurex.co.uk/website (hereinafter the "SITE"). These Terms and Conditions set out:
IMPORTANT If YOU buy goods on our SITE, you agree to be legally bound by these Terms and Conditions. If YOU do not agree with or accept any of these Terms and Conditions, YOU should stop using the SITE immediately and not buy any goods on the SITE. INFORMATION ABOUT US We are SILDOREX SA, a company registered in thein the Trade and Companies ‘Register of Paris, under registration number 642 037 691, having OUR registered office at 154, bld Haussmann – 75008 Paris – France.Tel: 01.42.96.85.47, and email: info@sildorex-lurex.com(“WE” or “US”). ARTICLE 1. DEFINITIONS The following terms have the following meanings in these Terms and Conditions: “CONSUMER” means a person having the features of a consumer as defined in the Consumer Rights Act 2015 and is acting for purposes that are wholly or mainly outside his/her trade, business, craft or profession. "PRODUCTS" means the good(s) available for sale on our SITE; “ORDER” means an order to purchase PRODUCTS which YOU make on OUR SITE. "TERRITORY" means the United Kingdom or UK; and “YOU/YOUR” means the person using our SITE to place an ORDER to buy PRODUCTS from US and being a consumer as defined in the Consumer Rights Act 2015. As such, YOU must be acting as a CONSUMER. ARTICLE 2. PURPOSE All sales of PRODUCTS are subject to these legally binding Terms and Conditions. You acknowledge that this SITE addresses CONSUMERS and YOU purchase the PRODUCTS as a CONSUMER. Businesses should contact OUR sales department for purchasing products under business-to-business terms and conditions. ARTICLE 3. ACCEPTANCE OF TERMS AND CONDITIONS YOU agree to read these Terms and Conditions carefully and to accept them before proceeding to payment of an ORDER of PRODUCTS on the SITE. These Terms and Conditions are referenced at the bottom of each page of the SITE by means of a link and they may be updated or modified in accordance with Article 18. The latest version of the Terms and Conditions applies to any new ORDER of PRODUCTS. YOU must read through and accept the latest version of the Terms and Conditions before placing an ORDER. You are encouraged to carefully read, download, and print the Terms and Conditions and to keep a copy for your records. By clicking on the button to place an ORDER and then the button to confirm the ORDER, You acknowledge having read, understood and accepted these Terms and Conditions without limitations or conditions. ARTICLE 4. PURCHASE OF PRODUCTS ON SITE In order to purchase a PRODUCT, the CUSTOMER must be at least 18 years of age and have the legal capacity. YOU will be required to provide information allowing US to identify YOU by completing the form available on the SITE. The sign (*) indicates the mandatory fields that YOU must fill in before YOUR order is processed by US. You can check the status of YOUR order on the SITE. You can track the status of your ORDER, if necessary, using the online monitoring tools provided by US or our delivery partners (if any) or contact OUR sales department by sending an email to : info@sildorex-lurex.comto obtain information about the status of your order. The information YOU provide to US during an order must be complete, accurate and up to date. WE reserve the right to ask YOU to confirm, by any appropriate means, YOUR identity, YOUR eligibility and the information communicated. ARTICLE 5. ORDERS Article 5.1. Nature of Goods
will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use before your place an ORDER for such PRODUCTS.
Article 5.2. Ordering procedure ORDERS are placed directly on the SITE. To place an ORDER, YOU must follow the steps described below (please note, however, that steps may vary according to YOUR starting page).
YOU will have to select the PRODUCT of YOUR choice by clicking on the PRODUCT concerned and selecting the characteristics and the quantities desired. Once the PRODUCT is selected, the PRODUCT is placed in YOUR shopping basket. YOU can add as many PRODUCTS to your shopping basket as YOU wish.
Once you have selected a PRODUCT and placed it in your shopping basket, you must click on the shopping basket to ensure the contents of YOUR order are correct. If YOU have not done so, WE will invite YOU to identify YOURSELF or register. If YOU confirm the contents in the shopping basket and have identified or registered on OUR SITE, an automatically completed online form will appear summarising the price and, if applicable, the delivery charges. YOU will be asked to verify the details of YOUR ORDER (including the quantity, characteristics and references of the ordered PRODUCT, the billing address, the means of payment and the price). Once verified, YOU can then proceed to payment of the PRODUCTS following the instructions on the SITE and by providing all the information necessary for the invoice and the delivery of the PRODUCTS. IF options are available for the PRODUCT, specific references will appear when the correct option(s) have been selected. YOU must include all the information required for the correct processing of the ORDER. You must also select the delivery method for YOUR ORDER
Once all the steps described above are completed, a page will appear on the SITE acknowledging receipt of YOUR order. A copy of the acknowledgment of receipt of the ORDER will be sent to YOU automatically by email to the email address you have provided to us. This acknowledgement does not, however, mean that YOUR ORDER has been accepted. WE may contact YOU to say that WE do not accept YOUR ORDER. This is may be for a number of reasons, for example:
We will only accept YOUR ORDER when WE email YOU to confirm this (CONFIRMATION EMAIL). At this point only:
WE do not send ORDER acknowledge or confirmations by post or fax.
When placing an ORDER, YOU must enter the information WE require for the invoice (the (*) sign will indicate the mandatory fields to be filled in the ORDER so that WE can process YOUR ORDER). YOU must clearly indicate all the information relating to the delivery, particularly the exact address for delivery, and any relevant access code for or instructions to access the delivery address. YOU must also select methods of payment. The online order form and the email acknowledgment of receipt of the order do not constitute an invoice. Irrespective of the order or payment method used, YOU will receive the original invoice on delivery of the PRODUCT, inside the package. Article 5.3. Date of the order The date of the ORDER is the date of OUR CONFIRMATION EMAIL. The timelines indicated on the SITE do not begin to run until this date. Article 5.4. Price Prices of the PRODUCTS including the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the delivery address and the carrier and method of delivery) are available from the SITE and are in Euros. Prices include, in particular, value added tax (“VAT”) at the rate in force on the date of the ORDER. Any changes in the applicable rate may impact the price of the PRODUCTS from the effective date of the new rate. The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold. Prices of OUR vendors are subject to change. As a result, the prices shown on the SITE may change. They may also be modified in cases of special offers or sales. The prices quoted on the SITE are valid, unless there is a gross error. The applicable price is that indicated on the SITE on the date YOUR place the ORDER. Article 5.5. Availability of PRODUCTS The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned on the SITE. In case the unavailability of a PRODUCT you have ORDERED has not been indicated on the PRODUCT page, we will inform you of it. If certain PRODUCTS are unavailable, we may need to substitute them with alternative goods of equal or better standard and value. In this case,
ARTICLE 6. RIGHT OF CANCELLATION The terms of YOUR rights of cancellation are provided in the "Cancellation Policy" section available in Appendix 1 of these Terms & Conditions and accessible at the bottom of every webpage on the SITE via a hyperlink. ARTICLE 7. PAYMENT Article 7.1. Methods of payment YOU will pay for the PRODUCTS YOU have ORDERED on the SITE according to the payment methods WE offer. YOU warrant to US that YOU hold all the authorisations required to use the chosen methods of payment. WE will do all that WE reasonably can to ensure that all of the information YOU give us when paying for the PRODUCT is secure by using an encrypted secure payment mechanism. All data related to YOUR payment provided on our SITE will be transferred to the bank from OUR SITE and will not be processed on OUR SITE. Article 7.2. Payment date In the event of a single payment by credit card, YOUR credit or debit card will only be charged when YOUR ORDER is processed. In the case of a partial delivery, the total amount will be charged from YOUR account when the first package is shipped. If YOU decide to cancel YOUR order of unavailable PRODUCTS, a refund will be provided in accordance with article 5.5 of these Terms and Conditions. Article 7.3. Delay or denial of payment If the bank rejects YOUR payment, YOU must contact OUR Customer Service in order to pay for the ORDER by another valid methods of payment. In the event that, for whatever reason, payment is denied, opposed or otherwise not possible or YOU are unable to proceed with the payment, YOUR ORDER will be cancelled and terminated automatically. ARTICLE 8. STORAGE OF YOUR INFORMATION WE will store YOUR information in order to monitor YOUR transactions and to produce a copy of YOUR ORDERS at YOUR request. ARTICLE 9. TRANSFER OF OWNERSHIP We retain full ownership of the PRODUCT subject to YOUR ORDER (where or not delivered to YOU) until WE have received full payment from YOU. Notwithstanding the foregoing paragraph, the risk of loss or damage to the PRODUCT will transfer to YOU upon delivery of the PRODUCT to you or a third party designated by YOU (excluding the delivery carrier). ARTICLE 10. DELIVERY PRODUCT delivery terms are provided in the "Delivery Policy' at Annex 2 of these Terms and Conditions and accessible at the bottom of each page of the SITE via a hyperlink. ARTICLE 11. PACKAGING WE will pack PRODUCTS in accordance with the current transport standards to ensure the appropriate level of protection for the PRODUCTS during delivery. YOU agree to respect and maintain the same standards when returning PRODUCTS according to the “Cancellation Policy” in Appendix 1 of these Terms and Conditions. ARTICLE 12. FAULTY GOODS In addition to specific commercial rights WE may offer for certain PRODUCTS, YOUR legal rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 are summarised below.
Nothing in this contract affects your legal rights under the Consumer Rights Act 2015. You may also have other rights in law. ARTICLE 13. LIABILITY In any event, WE are not liable for any losses or damage arising from YOUR non-fulfilment or improper performance of YOUR obligations. WE are not liable for any delay or non-performance if the cause of the delay or non- performance is related to any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, windstorm or other event beyond the reasonable control of either party (“Force Majeure Event”). We do not exercise control over websites directly or indirectly linked to our SITE. We are not liable for any content published on third party websites. Links to third party websites are provided for information purposes only and we have no endorsement or warranty in relation to their content. ARTICLE 14. PERSONAL DATA WE collect YOUR personal data on our SITE through different means, including by means of cookies. YOU can disable cookies by following the instructions provided by YOUR browser. WE collect YOUR data to process YOUR order placed on OUR SITE, to manage YOUR account, to analyse YOUR ORDERS, and, if YOU have chosen the option, to send YOU commercial marketing letters, newsletters, special offers and/or special sales information, unless YOU no longer wish to receive such communications. WE will keep YOUR personal data confidential in accordance with the rules set out by the Information Commissioner’s Office for the purposes mentioned above and in compliance with the law. YOU may unsubscribe at any time by accessing YOUR account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email. YOUR personal data may be shared, in whole or in part, with OUR service providers involved in the ordering process. WE may share your data, including YOUR name and contact details with OUR trading partners for commercial purposes, provided that YOU have given US YOUR prior agreement when registering on the SITE. WE may ask YOU if YOU wish to receive commercial solicitations or marketing materials from OUR partners. YOU have the right to access, rectify, oppose (for legitimate reasons) and to request US to delete your personal data. YOU can exercise this right by sending an email to contact@maisonlurex.com . Upon request by US, YOU must be able to prove YOUR identity either by scanning an identity document or by sending US a photocopy of YOUR identification document. ARTICLE 15. COMPLAINTS For any complaints, YOU can call our “Telephone Customer Service” on the following number 01.42.96.85.47. Any written complains should be sent to the following address: 51 rue des Francs-Bourgeois - 75004 Paris – France. ARTICLE 16. INTELLECTUAL PROPERTY The SITE and all intellectual property rights in it including all content (including but not limited to text, photographs, graphics, software and all visuals and sounds), are owned by US, OUR licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). WE reserve all of OUR rights in any intellectual property in connection with these Terms and Conditions. This means, for example, that WE remain the owner of them and are free to use them as WE see fit. Any person who publishes a website and wishes to create a direct hypertext link to the SITE shall first obtain OUR written consent, which is at OUR sole and absolute discretion and may be withdrawn at any time. Hyperlinks to the SITE using techniques such as framing or deep-linking are strictly forbidden. ARTICLE 17. VALIDITY OF THE TERMS AND CONDITIONS If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of all other provisions (and, if applicable, the remainder of the provision in question) shall not be affected. ARTICLE 18. AMENDMENT OF THE TERMS AND CONDITIONS Our Terms and Conditions apply to all ORDERS placed on our SITE as long as our SITE is available online. Our Terms and Conditions are dated accurately. We may modify and update our Terms and Conditions at any time. The Terms and Conditions applicable are those in force at the time of the ORDER. Any changes to OUR Terms and Conditions will not apply to the PRODUCTS already purchased. ARTICLE 19. DISPUTES, APPLICABLE LAW AND JURISDICTION WE will try to resolve any disputes with you quickly and efficiently. If YOU and WE cannot resolve a dispute using OUR internal complaint handling procedure,
If YOU want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to this contract. These TERMS AND CONDITIONS and YOUR use of the SITE and all contracts concluding as a result of YOUR use of the SITE ARE GOVERED BY ENGLISH LAW APPENDIX 1 CANCELLATION POLICY Principle of cancellation YOU have the right to cancel YOUR order by returning the PRODUCT to US. To this end, the PRODUCT must be returned to US without undue delay and no later than fourteen (14) days after notification of your decision to cancel, unless WE propose to collect the PRODUCT ourselves. Cancellation period The cancellation period will expire after fourteen (14) days from the day YOU or a third party designated by you, excluding couriers, takes physical possession of the PRODUCT. If YOU have ordered several PRODUCTS by a single ORDER leading to several deliveries (or several badges of delivery for one PRODUCT), the cancelation period expires fourteen (14) days from the day YOU or a third party designated by YOU (excluding carriers) takes physical possession of the last delivery of the PRODUCT(S). Notification of right of cancellation To exercise YOUR right to cancel, YOU must inform US of YOUR decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email): 51 rue des Francs-Bourgeois - 75004 Paris – France or contact@maisonlurex.com . YOU can use the model cancellation form set out in the box below, but the use of this form is not obligatory.
To meet the cancellation deadline, YOU must send YOUR communication concerning YOUR exercise of the right to cancel before the cancellation period has expired. Effects of cancellation If YOU cancel this contract, WE will reimburse to YOU all payments received from YOU, including the costs of delivery (except for the supplementary costs arising if YOU chose a type of delivery other than the least expensive type of standard delivery offered by US). WE will make the reimbursement without undue delay, and not later than:
WE will make the reimbursement using the same means of payment as YOU used for the initial transaction, unless YOU have expressly agreed otherwise; in any event, YOU will not incur any fees as a result of the reimbursement. WE may withhold reimbursement until WE have received evidence from YOU that YOU have returned the PRODUCT to US or until WE have received the PRODUCT, whichever occurs first. Return Policy YOU must return the PRODUCT to us at the address: 51 rue des Francs-Bourgeois - 75004 Paris - France without undue delay and no later than fourteen (14) days after notifying US of YOUR decision to cancel YOUR order. Return fees In the event that the weight of the PRODUCT prevents YOU from returning the PRODUCT by post, YOU will have to bear the direct costs of returning the PRODUCT. Condition of the property returned The PRODUCT must be returned according to OUR instructions and must include all accessories delivered. YOU are liable for any diminished value of the PRODUCT resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods. Exclusions from the right of cancellation The right of cancellation is excluded in the following cases:
APPENDIX 2: DELIVERY POLICY Delivery zone PRODUCTS WE offer can only be delivered within the UK. WE do not deliver to any addresses outside of the UK. We deliver the PRODUCTS to the delivery address you provided us with during the ordering process. Delivery time The time required to prepare an order and issue an invoice before shipping is indicated on the SITE. This time does not include weekends or holidays and is an estimate only. An email message will be automatically sent to YOU at the time of shipment of the PRODUCTS, provided that the email address in the registration form is correct. Shipping & Delivery Costs During the order process, WE will indicate shipping options and estimated timeframes. Shipping costs are calculated according to the method of Delivery. YOU will bear the shipping costs in addition to the price of YOUR purchased Good. Details of time frame and delivery is detailed on the SITE. If WE fail to indicate or agree on a Delivery date, we will deliver the PRODUCT without undue delay no later than thirty (30) days after conclusion of the contract. Terms of Delivery The parcel will be delivered to YOU against signature and upon presentation of identification. If nobody is available to take Delivery, we will leave a notice to enable YOU to collect YOUR parcel from a post office. Delivery issues YOU will be informed of the delivery date when YOU have selected the carrier at the end of the online ordering process, before confirming the order. Deliveries will be made within thirty (30) days or our acceptance of your order in any event. If this is not the case, YOU must contact us within reasonable time. If WE fail to deliver within the 30-day period, YOU may terminate the contract. WE will reimburse YOU, without undue delay after receipt of the termination letter, the total amount paid for the PRODUCT, taxes and shipping costs included, using the same method of payment YOU used to buy the PRODUCT WE are responsible for the delivery of your PRODUCT. YOU have three (3) days to notify the courier of damages or partial loss noticed upon Delivery. |