ARTICLE 1. ACCEPTANCE OF TERMS AND CONDITIONS. CONTEST OF TERMS AND CONDITIONS

1.1. The present terms and conditions are systematically addressed to or put in place for each client to permit the placing of orders.

1.2. Therefore the act of placing an order represents the complete adhesion, without reservation from the client, to these terms and conditions. It is further agreed that all other documents, including prospectus or catalogues distributed by the client, hold no indicative value.

1.3. Without exception, no specific condition will be considered as holding greater importance than the present general conditions of sale, without formal written consent from the seller. Any contrary condition, contested by the client, will therefore, in the absence of written consent from the seller, remain incontestable to the seller, regardless of the moment at which it is brought to the attention of the seller.

The present general terms of sale cannot be modified by any stipulation included in any document emanating from our partners, those stipulations are reputed to be revoked by the conlusion of the present general terms of sale, unless explicitly accepted in writing by the seller.

1.4. The fact that the seller does not adhere to one or any of these conditions, at any given moment, for any reason cannot be interpreted as a renunciation of the future validity of the aforementioned conditions.

ARTICLE 2. ORDERS

2.1. All orders shall be placed by the client on the seller’s website or, failing that, be made in writting.

In writting means by letter, fax or mail destined to the seller. These different command modes have an equivalent probative value.

2.2. All orders must carry a minimum value of 300 euros, price excluding tax and shipping fees.

2.3. All orders below this minimum value can be exceptionally acepted and will be subject to an additional tax of 15 euros, to cover order management and packaging costs.

2.4. In the event of stock shortage, the seller will respond to orders according to their arrival date and in relation to stock availabilities.

2.5 The seller retains the right to modify at any moment without prior notice visuals of the products defined in its prospectus or catalogues.

ARTICLE 3. MODIFICATION OF ORDERS

3.1. Any modifications or cancellations will only be accepted if it has arrived in writting before the expedition of the products.

3.2.After a reasonable period after the order has been confirmed, the seller reserves the right to make any kind of modification(s) at any moment, which he considers useful to its products.

ARTICLE 4. DELIVERY

4.1. Delivery Methods

4.1.1. Delivery is carried out by shipping/ transportation at the premises of the Seller.

4.1.2. Regarding transport of goods, the seller can propose to the client services from his shipping partner, with invoicing of the provided service.

4.1.3. In the event the client would have recourse to the services of another transporter, the client shall be solely responsible for consequences of any eventual delay of delivery and delivery difficulties

4.2. Delivery times

4.2.1. Deliveries are only operated in accordance to availability and arrival date of orders. The seller is authorised to carry out deliveries of orders in either a total or partial manner.

4.2.2. Delivery times are indicated as accurately as possible, but are subject to variations due to availability and transportation methods.

4.2.3. Exceeding stated delivery times does not render the seller accountable for the payment of damages, nor permit the revision or cancellation of pending orders. However, if after a delay of one month from the registered receipt of an order placement, an order has not been delivered, due to any cause other than a cause beyond reasonable control, the sale may then, at the request of one or other party, be resolved by cancellation. This will only result in the reimbursement of any down-payment received by the seller, from the client and will not lead to any other payment of allowances or damages from the seller to the client.

4.2.4. Are considered as cases of force majeure all event beyond seller’s control, which could not be reasonably expected at when concluding the contract. In the event of any of these cases, the seller will notify the client within reasonable delay.

4.2.5. Obligation to deliver goods within deadline comes into force only if and when the client is in respect of all its obligations towards the seller.

4.3. Risks

In the event products are damaged during transit, the recpient shall be responsible of the products to make all necessary observations and declare all reservations by extra-judicial act of registered letter, along with notice of receipt from the transporter, within three days of receipt goods.

ARTICLE 5. RECEPTION OF GOODS   

5.1. Without stipulation of the consequences befalling the transporter, all complaint concerning apparent defects of products, perceived differences between products ordered and products received or anomalies with the method of transport, must be formulated in writing within seventy-two hours of products arrival.

5.2. It is the responsibility of the client to provide evidence and justification of the perceived defects and anomalies noted. These must be sufficiently clear and conclusive to allow the seller to observe and understand the findings and to thereafter formulate appropriate solutions. The client will not intervene nor call upon a third party to intervene, in the formulation of such solutions, nor with anything to that effect.

ARTICLE 6. WARRANTY    

6.1. Extent

6.1.1. The products are guaranteed against any manufacturing fault for a period of three (3) months from delivery date. Neither warranty claim shall lead to extension of the warranty period.

6.1.2. Under this guarantee, the only obligation of the seller is free replacement of goods, unless this mode of compensation proves to be impossible or disproportionate. To benefit from this guarantee, all products must first be examined by the after-sales service of the seller, whose agreement is essential for any replacement. The resulting delivery charges, should there be any, are charged to the client.

6.2. Exclusions

6.2.1. The guarantee is not valid for apparent faults.

6.2.2. Are also excluded of the warranty defects and deteriorations caused by natural wear and tear, or external accident (mistakes of assembly, defective maintenance or anormal use) or by an unexpected  or not specified modification of the product.

ARTICLE 7. RETURN  

7.1. Modes of Return

7.1.1. All returned product must be subject to a prior formal agreement of the seller in the context of article 6 and 7. No other return shall be accepted by the seller. Any returned product without the agreement of the seller shall remain at the disposal of the client and shall give no right to any credit.

7.1.2. The client is responsible for expense and risks attached to a return. No return will be accepted after the fifteen day deadline following the validation date of the return.

7.1.3. Returned goods shall be accompanied by a return form to attach to the package.

7.2. Consequences

In the case of a fault, or nonconformity of the received products, duly noted by the seller under the conditions abovementioned, the returns accepted by the seller shall lead to an exchange of products or if  the products are unavailable, a credit to the client, after quantitative and qualitative verification of the returned products excluding any compensation or damages.

ARTICLE 8. PRICE      

8.1. The products are provided at the prices in effect at the time the order is placed.

8.2. The prices are taken ‘net’, starting prices, tax excluded from the base price communicated to the client.

8.3. All tax, VAT, rights to be paid or any other service charge according to french regulations, or the rules and regulations of any importing country, or involved in transit country are under the responsibility of the client.

8.4. Any order amounting less than 300 euros minimum gives rise to an invoice for the lump sum of 15 euros, intended to cover administrative costs.

8.5. Unless written agreement is given by the seller, shipping fees are always the charge of the client. 

ARTICLE 9. INVOICING  

9.1. An invoice is established and delivered for each delivery under seventy-two hours following delivery.

ARTICLE 10. PAYMENT

10.1. Modes of payment 

Unless agreed otherwise, payments will be processed by credit card or bank transfer at the order.

10.2. Delay or fault.

10.2.1. In the event of late payment, the seller may suspend all pending orders, without prejudice to any other right of action.

10.2.2. Any sum unpaid by the deadline stated on the invoice will automatically lead to penalties of an amount equal to one and a half times the legal interest and a fixed sum of 40 euros as compensation for recovery costs. These penalties will be payable at the request of the seller. The amount of these interests for late payment, can be automatically applied to any rebate or reduction given by the seller.

10.2.3. In the event of even partial nonpayment, 8 days after notification, the sale will be cancelled automatically in full right, and the seller may demand the return of the products without prejudice to his right to claim damages. The cancellation will not only impact the order in question but also all other unpaid orders, delivered or in transit, whether payment is matured or not. The totality of the debt shall be immediately payable, without warning. In all preceding cases, any sum that is due for further deliveries, or for any other reason, will become immediately payable if the seller does not decide to cancel the corresponding orders.

10.2.4. Regarding the cancellation of the sale, the seller may demand the return of the sold goods, by order of the statutory procedure declared by the President of the Commercial court of Marseille. The same decision will designate an expert to detail the state of returned goods and to define their value. On this basis, each component of the account will be liquidated, taking in to account the damages incurred by the resolution of the sale. The client will be required to refund all expenses incurred, including all legal fees.

10.2.5. Under no circumstance the payments may be suspended nor be counted as part of any kind of compensation without prior written consent of the seller

ARTICLE 11.TRANSFER OF RISKS      

11.1. The transfer of risks affecting merchandise, is effective as soon as goods are transferred from the warehouse of the seller.

11.2. As a result, goods travel at the risk of the client, and damages, loss or deterioration of products remains the responsibility of the client, as the responsibility to address all complaints to the transporters.

ARTICLE 12. OWNERSHIP

12.1. All Lovely Planet SAS merchandise is sold subject to full payment of the exact price of each principal and accessory. The transfer of ownership of the merchandise is therefore reliant upon full payment.

12.2. This, however, does not affect the transfer of risks, such as damage, loss or deterioration, of products sent by the seller. The client must have an insurance policy covering the possible risks arising from product transit and delivery at the moment the products are sent. 

12.3. Any non-payment, even partial, authorizes the company, Lovely Planet, to recover goods from the client, after notification by registered letter with proof of receipt.

12.4. As long as the invoice remains unpaid, or partially paid, the client is required to keep goods from this contract separate from any other merchandise and must not mix these goods with similar goods from other suppliers. In the case of flawed goods the seller reserves the right to demand a refund or the return of those items still in stock.

ARTICLE 13. INTELLECTUAL PROPERTY

13.1. All texts, images and illustrations reproduced on the websites published by Lovely Planet are the intellectual property of the author. These are protected under codes of copyright and intellectual property law, in every country worldwide. According to the french code of intellectual property, the sole authorized use is the private use of the individual, within the framework of further, more restrictive declarations of the french code of intellectual property law.

13.2. Any use other than the abovementioned, without prior, written, consent from Lovely Planet, constitutes counterfeiting and will be punished under the french code of intellectual property law. All reproduction, total or partial, is strictly prohibited.

13.3 During the commercial relation only, the client is authorised to use images, texts and videos (« material ») made available for free according to the terms provided below. This right of use is valid only if the client uses the available material exclusively in order to promote the seller’s products on the websites of the client provided by it in the registration form. The client is not authorised to use the material in order to promote and market the seller’s products on third web portals as Ebay, Rakuten, Zalando, C-discount or Amazon …( without this list being exhaustive), or in order to promote the products on other websites then those provided in the registration form or provided to the seller. The spread, reproduction and use of the material without the seller’s consent is forbidden. The client is not authorised to modify the material. The seller’s rights are preserved in all their full extent in the event the material is kept in electronic records.

13.4 The seller retains the right to revoke the right of use at any time if this right is used in a manner that is prejudicial to the interests of the seller or if the abovementioned conditions are not respected.

ARTICLE 14. DISPUTES           

14.1. In the case of a dispute, both parties will attempt to reach a amicable solution before filing any legal action.

14.2. Litigation of any nature, or disputes arising from the formation or the execution of an order will be referred to the Courts of Marseille.

14.3. This clause applies even in the event of a temporary ruling, an accessory claim, plurality of defendants or a guarantee claim, whatever the method of payment. Any clause conferring jurisdiction from any or all document emanating from the client cannot take precedence over this clause.

14.4 The applicable law to disputes and to the contract is french law.

ARTICLE 15 : CONFIDENTIALITY AND PERSONAL DATA PROTECTION

 For its activities, Lovely Planet, acting as the data controller, performs adapted personnal data processing of her clients. 

The use of  certain data is strictly necessary  for the execution of these general terms and conditions or in the legitimate interest of the data controller. The goal of this personnal data processing is optimal management in the costumer relationship for the activities governed by the present general terms and conditions of sale. 

The collected data is preserved for the necessary duration to execute the goals of the present general terms and conditions of sale.  

During that period, Lovely Planet shall implement all means in order to provide confidentiality and security of your personnal data as preventing their harm, deletion or access by a non unauthorised third party. 

In order to provide an appropriate personnal data processing, the client has a right of access, rectification, opposition, limitation, portability and deletion of his personnal data.

The client can also adress directly at Lovely Planet SAS through its contact page or by letter to the following adress : LOVELY PLANET Service clients - 560 avenue du Garlaban - 13420 GEMENOS

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