TERMS AND CONDITIONS

I / Preamble

These conditions are concluded between, on the one hand, the company lacoquefrancaise SARL, Siret: 519 845 739 00043. publisher of the site hereinafter referred to as “lacoquefrancaise.com” Telephone: 04-86-33-64-84 (price of a local call) 1485 Chemin de la vallée 13400 Aubagne – contact@lacoquefrancaise.com
and, on the other hand, persons wishing to make a purchase via the lacoquefrancaise.com website, hereinafter referred to as “the user”.
The parties agree that these conditions of sale, available on the day of purchase, exclusively govern their relationship.
If a condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France. The company lacoquefrancaise.com undertakes to comply with all the provisions of the Consumer Code relating to distance selling.
Any order under a product appearing in the online store of the website requires prior consultation of these terms and conditions. Consequently, the consumer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented within the framework of the shop. of the website. The consumer has the right to save or edit these general conditions, it being specified that both the saving and the editing of this document is his sole responsibility.

 

II / Fields of application

These general conditions of sale apply to all orders received by lacoquefrancaise.com and are valid at the time the order is placed. The consumer declares that he has full legal capacity allowing him to commit to these general conditions.
These general conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept without reservation all the provisions of these general conditions. No general or specific condition appearing in the documents sent or delivered by the consumer can be incorporated herein, since these documents would be incompatible with these general conditions.

 

III / Product Information

lacoquefrancaise.com presents the products for sale with the necessary characteristics that allow compliance with Article L 111-1 of the Consumer Code, which provides the possibility for the potential consumer to know before taking the final order the essential characteristics of the products. he wants to buy.

lacoquefrancaise.com is a registered trademark.

The Intellectual Property Code only authorizes copies or reproductions strictly reserved for your private use and not intended for collective or commercial use without prior distribution agreement.

Any full or partial reproduction of our pages made without our written consent would be unlawful (Art L.122-4), and would be sanctioned by articles L.335-2 and following of the Code.

The brands mentioned and represented are registered trademarks and properties of their respective manufacturers.

 

IV / Availability of items

 Our items are offered within the limits of available stocks.

Although our databases are regularly updated, some items may be temporarily or permanently unavailable from our suppliers. One or more items may become unavailable after ordering.

In the event of unavailability beyond our control, lacoquefrancaise.com will personally notify the customer as soon as possible either by email, by post, or by telephone.

If the product you order is only available with delay and within the limit of 30 days from receipt of the order by our services, we undertake to inform you immediately of the additional delivery time.

The customer may request the termination of the contract, without further delay, if the delivery time was a determining factor in his purchase decision. The sums paid by the customer will be refunded within 14 days following the date of termination of the contract.

He can also request the exchange of the product.

For any question relating to a cancellation or an exchange, you can contact our customer service at 04-86-33-64-84 (Price of a local call).

 

V / Orders

 Orders can be placed as follows:

By Internet: http://www.lacoquefrancaise.com
By mail: lacoquefrancaise Order department – ​​lacoquefrancaise.com 1485 chemin de la vallée 13400 Aubagne France
All orders sent by Internet are confirmed by lacoquefrancaise.com by e-mail if the customer has communicated his address.
For new items referenced on the databases: the order is processed within a maximum period of 7 days from receipt of your payment.

 

VI / Rates

 The prices are indicated on our site in Euros, all taxes included. These prices do not include participation in processing and shipping costs (port, packaging and making of the package according to the amounts in force). They take into account the VAT applicable on the day of the order. Any change in the applicable rate may be passed on to the prices of the products. However, the prices cannot be modified once the customer's order has been validated. The prices indicated in another currency are only given as an indication.

Prices shown are subject to change at any time without notice.
However, the items will be invoiced on the basis in force when the order is recorded. In the event of an order to a country other than metropolitan France, customs duties or other local taxes (local VAT, customs tax, import duties, etc.) may be payable.
These rights are the sole responsibility of the customer and are their full responsibility both in terms of declarations and payment to the competent authorities. All orders, regardless of their origin, are invoiced and payable in Euros only.
The products remain the property of lacoquefrancaise.com until full payment of the price, regardless of the date of delivery of the product.
The customer undertakes to immediately notify the seller of any difficulties likely to lead to his failure, of any seizures made by third parties on the products. These provisions do not preclude the transfer to the buyer, upon delivery, of the risks of loss and deterioration of the goods sold as well as the damage that it could cause.
In the absence of even partial payment, the seller will be entitled to demand the immediate return of the equipment delivered. All the costs generated by this return will be borne by the customer. It is expressly agreed between the parties that any deposit paid will be retained by the company for damages. The user may also have to pay a lump sum corresponding to a participation in the costs of processing, packaging and shipping of the order (unless he benefits from free shipping or a special offer l exonerating), the amount of which will be specified on the order form before validation of the latter. This participation depends on the amount of the products ordered, the method of payment or the method of delivery. Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below. The user has the possibility of modifying his basket before the final validation, this last step formalizing the sales contract between lacoquefrancaise SARL, publisher of the lacoquefrancaise.com site and the user.

 

VII / Methods of payment

 Payment for purchases is made:

By Paypal account: You pay online with your PayPal account without communicating your financial information during the transaction or use your bank card (Carte Bleue, Visa, Mastercard, etc.) Why use PayPal?
• Make purchases or send payments with PayPal: it's free! • Shop and pay with peace of mind by registering your information with PayPal. Click here to find out more (https://www.paypal-france.fr/bienvenue/) By credit card (Carte Bleue, Visa, Mastercard…): the customer must indicate the number of his card, as well as his date of validity and the three digits of the cryptogram appearing on the back of it, directly in the area provided for this purpose (entry secured by SSL encryption).
The amount of orders paid by credit card is collected on the day of the order.

VIII / Delivery

 The items are delivered to the delivery address indicated when ordering. In order to optimize delivery, it is advisable to indicate an address at which your order can be received during working hours.

The “shipping within 24 hours” pictogram applies under the following conditions: The order and its payment must be received before 12 noon, French time.
The 24-hour period does not take into account the delivery time for Metropolitan France, which is on average between 24 and 72 hours. The company lacoquefrancaise SARL under its sales contract is fully responsible for delivery and transport, the inherent costs being incidental to these operations.
In the event of a dispute on delivery, any complaint must be sent within 72 hours to the customer service department of the lacoquefrancaise.com site, in addition to any reservations made to the carrier under the legal conditions. lacoquefrancaise.com reserves the right to choose the sender and the method of delivery of the order, unless there is a specific choice offered on the site, such as express delivery.
lacoquefrancaise.com undertakes to honor orders received on the website only within the limit of available product stocks.
If the product is not available, lacoquefrancaise.com undertakes to inform the user as soon as possible. In certain cases, in particular non-payment, incorrect address or other problem on the user's account, lacoquefrancaise.com reserves the right to block the user's order until the problem is resolved. For any question relating to the follow-up of your order, please call 04-86-33-64-84 (price of a local call).
Monday to Friday from 9 a.m. to 6 p.m. or contact customer service by email: contact@lacoquefrancaise.com Parcels can only be shipped in France, Monaco and DOM TOM. For European countries, the user must refer to the delivery section to find out about the terms and possible additional shipping costs. If the user lives outside the delivery zones specified above and wishes to obtain delivery abroad, he may request to proceed with an international bank transfer after obtaining the delivery costs relating to his country of delivery.

 

IX / Delivery method

lacoquefrancaise.com works with La Poste. La Poste is a very reliable carrier. However, it is possible, as in any expedition, that there may be a delay in delivery or that the product may get lost.

In the event of a delay in delivery compared to the deadline announced in mainland France (i.e. 72 hours after the registration of your order) we ask you to notify us of this delay by contacting us by telephone or by email.

We will then contact the carrier named on your order form to start an investigation.

An investigation can last up to 21 days from the date of the start of the investigation. If during this period, the product is found, it will be re-routed immediately to your home (most cases).

If, on the other hand, the product is not found at the end of the 21-day period of investigation, the carrier considers the package as lost. Only then can we send you a replacement product, at our expense. If the product(s) ordered were no longer available at that time, we would reimburse the amount of the products concerned by the loss of the carrier.

If the product(s) were still available, but had changed selling prices on the site, we would apply the old selling prices. Shipping costs (processing, packaging, shipping), for orders delivered in mainland France, are established according to the weight of your order.

Express shipping costs, for foreign countries or the DOM-TOM are the subject of a special pricing indicated during the ordering process In the event of a dispute on delivery, any complaint must be addressed within 72 hours to the service customer of the site lacoquefrancaise.com or 04-86-33-64-84 (Price of a local call) in addition to any reservations made to the carrier under the legal conditions.

If when placing your order, the address entered by you was incomplete or incorrect and the post office could not deliver the package to you for any reason (NPAI, package not collected at the post office, incomplete address, etc.) the costs of reshipment of the package would be at the customer's expense for a lump sum of €8 regardless of the weight of the package

 

X / Right of withdrawal – return – exchange

 Right to retract

If the item is not suitable, for any reason whatsoever, the customer has a withdrawal period of 14 days from receipt to return his order.

The item must be returned in its original packaging, in perfect condition, and accompanied by the corresponding invoice, by post only.

The return of the product is done without penalty, with the exception of the return costs remaining the responsibility of the buyer.

To make this return, the customer must complete and return this form only if he wishes to withdraw from the contract.

 

Items damaged, damaged or soiled by the customer are not taken back. Also, no returns will be accepted for hygiene reasons on in-ear headphones. The buyer exercising his right of withdrawal, after having returned the products to the merchant intact and in their original packaging, may choose between an exchange or a refund at the latest within 14 days of delivery of the goods.

 

IF AN ARTICLE IS NON-CONFORMING AT THE TIME OF ITS DELIVERY: lacoquefrancaise COMMITS TO REIMBURSEMENT, SUBJECT TO COMPLIANCE WITH THE FOLLOWING CONDITIONS: RETURN IN ITS ORIGINAL PACKAGING, IN PERFECT CONDITION. WE WILL APPRECIATE YOU TO ATTACH AN EXPLANATION OF THE PROBLEM IN ORDER TO UNDERSTAND THE RETURN AND THE INVOICE (DUPLICATE MAY BE REQUESTED FROM CUSTOMER SERVICE: CONTACT@lacoquefrancaise.COM).

No cash on delivery will be accepted, whatever the reason.

 

XI / Personal or private information

 lacoquefrancaise.com treats all information concerning its customers with the strictest confidentiality.

When ordering, only essential information is requested (surname, first name, address, e-mail) for efficient processing and careful monitoring of the order.
This data entered online is saved on a secure server. You can inform us later, at any time, of your wish that the dissemination or recording of your data cease.
In accordance with the “Informatique et Libertés” law of January 6, 1978, the customer has a right to access, oppose and rectify data concerning him at the following address: By mail: lacoquefrancaise.com Order service – 1485 chemin de la vallée 13400 Aubagne – France
By email: contact@lacoquefrancaise.com
lacoquefrancaise.com declares all of its files to the National Commission for Computing and Liberties (approval number in progress).

 

XII / Warranties

Regardless of any commercial guarantee granted, the seller is liable for any lack of conformity of the goods covered by the contract under the conditions of article L. 217-4 and following of the consumer code (former C. consom., art. L 211-4 et seq.) and hidden defects of the thing sold under the conditions provided for in articles 1641 and following of the Civil Code.

Implementation of the guarantee of conformity Article L. 217-4 of the consumer code (former C. consom., art. L. 211-4)

“The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

Article L. 217-5 of the Consumer Code (former Consumer Code, art. L. 211-5)

“The property is in accordance with the contract:

1° If it is specific to the use usually expected of a similar good and, if applicable:
– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.

Article L. 217-12 of the Consumer Code (former Consumer Code, art. L. 211-12)

“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.”

If you wish to implement the legal guarantee of non-conformity, you must contact the company lacoquefrancaise (to be completed).

When acting as a legal guarantee of conformity, the consumer:

— has a period of two years from delivery of the property to act;

— can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-9 of the consumer code (former C. consom., art L. 211-9);

 

— is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.

Article L217-9

“In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good.
However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless it is impossible, according to the method not chosen by the buyer.

 

Implementation of the warranty against hidden defects

Article 1641 of the civil code

“The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them.”

Article 1648 of the civil code

“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

In the case provided for by article 1642-1 , the action must be brought, on pain of foreclosure, within the year following the date on which the seller can be discharged from the apparent defects or lack of conformity.

The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, he can choose between rescinding the sale or reducing the sale price in accordance with article 1644 of the civil code.

 

XIII / Disclaimer 

The products offered comply with the French legislation in force. lacoquefrancaise.com declines all responsibility if the item delivered does not comply with the legislation of the country of delivery.

XIV / Litigation – Law applicable to relations with the client

The customer has the possibility of resorting to a preliminary mediation procedure if a dispute should persist with our company.

Online sales made by lacoquefrancaise.com from its website or by telephone are governed exclusively by French law.
The parties will seek an amicable agreement before any contentious action.
Any dispute relating to this sale, even in the event of a warranty claim or multiple defendants, will fall within the jurisdiction of the place where the customer lives, or the place of actual delivery of the order in France.

 XV / Customer Acceptance

 Customer acceptance By clicking on the “Validate with payment obligation” button, the Customer declares to accept the order and all of these general conditions of sale. The data recorded by lacoquefrancaise.com may constitute proof of all operations and financial transactions carried out by the customer. These general conditions of sale are subject to change at any time without notice.

 

 XVI / Relative effect of the cancellation of one of the causes

 "The nullity of a contractual clause does not entail the nullity of the general conditions of sale unless it is an impulsive and decisive clause which has led one of the parties to conclude the contract of sale. Temporary non-application or permanent status of one or more clauses of the general conditions of sale by the professional seller cannot be considered as a waiver on his part of the other clauses of the general conditions of sale which continue to produce their effects”.

 

XVII / Mediation

 

"In the event of a dispute, you must first contact the company's customer service at 04.86.33.64.84 (price of a local call), Monday to Friday except public holidays or non-working days, from 9 a.m. to 6 p.m. Monday to Thursday and from 8:30 a.m. to 4:30 p.m. on Friday or by e-mail at contact@lacoquefrancaise.com or by post at lacoquefrancaise Complaints department – ​​lacoquefrancaise.com 1485 chemin de la vallée 13400 Aubagne France. In the event of failure of the complaint request to the consumer service or in the absence of a response from this service within two months, the consumer may submit the dispute relating to the order form or to these GCS opposing him to the professional seller to a mediator who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The mediator to be seized is the FEVAD which can be reached by mail: The service of the Mediator of the e-commerce of the FEVAD 60 rue la Boétie 75008 PARIS or by email: mediateurduecommerce@fevad.com The parties to the contract remain free to accept or to refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator”.