Conditions of registration
Confirmation of an order requires the creation of a personal account on the site. This account is intended to store the billing and delivery information for this and subsequent orders. The customer will be asked to create their own password for future use of this account. The customer undertakes to keep these identifiers confidential and never to communicate them to third parties. Consequently, any purchase made using these identifiers will be deemed to have been made by the customer holding these identifiers. In the event of loss, theft or any fraudulent use of the password, the customer undertakes to inform the site immediately.
The creation of the account is free. The login and password allowing access to the site are confidential and must not be disclosed to third parties. After the account has been created, the customer receives confirmation of his registration by e-mail.
The Customer may deactivate his account at any time by sending an e-mail to Customer Service at lamarthe.info@gmail.com . After deactivating the account, the customer is free to create a new account at any time.
Order Confirmation
The data recorded by LAMARTHE constitutes proof of all transactions between LAMARTHE and the client. The contractual information is presented in French or in the language chosen by the client (English and Spanish) and will be confirmed by e-mail at the latest at the time of delivery.
The client must verify the completeness and conformity of the information provided to LAMARTHE. LAMARTHE cannot be held responsible for any input errors and the consequences in terms of delays or delivery errors. In this context, all costs incurred for re-shipment will be charged to the Client.
Once validated, the order is sent to LAMARTHE for processing. The Client can only modify or cancel the order by contacting Customer Service by e-mail, before the package is sent.
The client who has placed an order will be able to print the invoice by logging on to the site in the order history area provided for this purpose.
LAMARTHE reserves the right not to validate an order from a client with whom it is in dispute over a previous order, or if LAMARTHE reasonably believes that the client has violated these General Conditions or has engaged in fraudulent activity, or for any other legitimate reason.
Proof of Transaction
The order confirmation is recorded in the LAMARTHE register, kept on a reliable and durable medium. The client accepts that the order confirmation is considered proof of the contractual relationship between the parties. The client may access this document at any time, upon request to lamarthe.info@gmail.com
The customer can, via his customer account, find out about his past, current or recently dispatched orders and manage and record the information concerning him (postal address, telephone, bank details).
The computerised registers, kept in the computer systems of the company LAMARTHE under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
Prices
The prices are indicated in Euros, including all taxes, excluding delivery costs; it being specified that the value added tax is that in force on the French metropolitan territory on the day the order is validated.
The prices applied are those communicated on the site and confirmed to the client when the order is confirmed.
LAMARTHE reserves the right to modify the prices of the products offered on the site at any time and without notice. LAMARTHE undertakes to apply the prices in force at the time of the order, subject to availability on this date.
The cost of delivery is not included in the price of the products; it is added to the amount during the ordering process (see "Delivery method").
We inform you that in the event of an incorrect price being displayed, for whatever reason (computer problem, manual error, technical error), the order, even if it has been validated by LAMARTHE, will be cancelled and we will inform you as soon as possible.
The client will then be able, if he/she so wishes, to place his/her order again at the correct price.
Method of payment
The price of the items purchased is payable in full on the day the order is placed by the customer. Payment is made online by credit card:
- Credit card (Carte bleu, Eurocard, MasterCard, American express, Visa)
- Paypal account
By means of validation by the client at the time of payment.
LAMARTHE also reserves the right to refuse to honour an order from a client who has not paid for a previous order (including partial payment) or with whom a payment dispute is being administered. Any payment will only be considered as final after effective and complete collection of the amounts due. The processing and shipping of the order will only take place after verification of the payment method and receipt of the debit authorization of the bank card or Paypal account.
If a due payment is not made within three (3) weeks of the order confirmation being sent despite one or more reminders by e-mail, LAMARTHE is entitled to declare the unilateral cancellation of the contract and thus cancel the order. In the event of cancellation of the contract, LAMARTHE is no longer obliged to deliver the goods ordered; no rights will arise from the contract for either party.
LAMARTHE retains full ownership of the products sold until full payment of all sums owed by the Client in connection with the order, including costs and taxes.
The transfer of ownership of a good purchased from LAMARTHE by the Client to a third party shall not be assumed by LAMARTHE. Only the original purchaser of this good may claim access to the clauses of these General Terms and Conditions of Sale.
In the event of unavailability of certain items ordered, the items concerned will be reimbursed.
Reservation of ownership
The products ordered remain the property of LAMARTHE until all sums due on behalf of LAMARTHE have been paid. The client undertakes to assume the risks relating to the products delivered (in particular loss, theft or deterioration) on the effective date of delivery.
Preparation of the order
The preparation time is not included in the delivery time. LAMARTHE will deliver orders accompanied by a delivery note within a maximum of ten working days for delivery to metropolitan France and twenty working days for delivery to any other territory, starting from the day following payment of the order. All orders placed after 2pm will be processed the following day.
All orders placed on a Saturday, Sunday or public holiday will be processed and validated on the next working day.
Order preparation times may be extended exceptionally in the following cases: peak periods of activity (e.g. Christmas, sales), temporary stock shortages, cases of force majeure. If for any other reason (except for the cases mentioned above) there is a delay in preparing the order, LAMARTHE undertakes to reimburse the client if no agreement is reached between the two parties within a maximum period of thirty day.
Delivery
Orders placed on the www.lamarthe.com website are processed from Monday to Friday.
The products will be sent to the delivery address that you have indicated during the ordering process. The Lamarthe brand cannot be held responsible for any input errors and their consequences in terms of delays or delivery errors. In this context, all costs incurred for the return of the goods will be at your expense.
Deliveries in metropolitan France are made within 48 to 72 hours, excluding Sundays and public holidays, from the date of receipt of the "order shipped" confirmation e-mail. We invite you to follow the progress of your delivery.
You have the possibility to choose your shipping method. For deliveries in France, you have the choice between GLS (3,90€) and Colissimo (4,90€).
For deliveries abroad, you have the choice between GLS (15,00€) and Chronopost (15,00€).
If you are absent when the carrier arrives, your parcel will be dropped off at a relay point near your delivery address. Unclaimed packages will be returned to the sender.
The Lamarthe brand declines all responsibility for delays in delivery caused by the absence of the recipient of the parcel or in the event of failure to collect the parcel within the time limit set for this purpose.
The Lamarthe brand cannot be held responsible for delays in delivery due to errors or disruptions attributable to the transporters.
With regard to delivery problems, any defect or delay in delivery exceeding eight working days must be reported to Lamarthe's customer service department as soon as possible by e-mail to lamarthe.info@gmail.com.
Returns & Refunds
If you are not satisfied with your purchase for any reason, you may return the items within 14 days of the date of receipt of the order to the following address
L3F LOGISTIQUE
To the attention of the Lamarthe returns department
1020 rue de la gare
60710 Chevrières
We accept returns of new, unused items with their original labels. We invite you to keep the original packaging.
We remind you that the return of your article is at your expense and that no return can be accepted without having contacted the Lamarthe team beforehand, indicating Subject - Lamarthe return at the following email address
lamarthe.info@gmail.com
As soon as we receive and verify your return, we will proceed with the reimbursement using the same method of payment that was used for your purchase.
Non-conforming products
The customer must make any claim relating to a delivery error and/or non-conformity of the products in kind or in quality compared to the information on the order form (reference error, damaged product, etc.) to Customer Services no later than the first working day following delivery. Any claim made after this period will be rejected without possibility of appeal.
This claim must be made to LAMARTHE by e-mail at lamarthe.info@gmail.com
LAMARTHE reserves the right to determine whether the product(s) returned are non-compliant. If the product does not conform, LAMARTHE undertakes to :
- Either exchange the product (standard exchange subject to availability or exchange for another item of the same value) and return it to the Client (shipping costs to be paid by LAMARTHE)
- Or reimburse the Client.
In both cases, the transport costs incurred by the return of the products are only reimbursed in the event of a return justified by the non-conformity of the products delivered.
After-sales service - Repairs
Scope of intervention of the after-sales service
The products distributed on the Site are guaranteed for one year from the date of purchase.
Repair requests are handled within the limits of the SAV's competence, i.e:
- Sewing problems
- Tearing of the lining
- Loss or breakage of metal parts (snap hooks, rings, rivets, zips, etc.)
- Defects in the zip
LAMARTHE cannot be held responsible for problems linked to the evolution or deterioration of the leather (discolouration, colour transfer, stains, etc.) and will not be able to undertake any repairs to restore the leather.
Requests for repairs made after six months will be subject to examination by the After Sales Service and invoiced according to the degree of intervention required, after agreement between the two parties.
You may not use, publish, transmit, modify or sell all or part of the content of the site, or create derivative works from it.
The LAMARTHE brand and all other brands and logos displayed on the site, whether registered or not, as well as the domain name "lamarthe.org" is and will remain the property of LAMARTHE. Any reproduction, distribution, transmission, modification or use of these trademarks without the express prior consent of LAMARTHE, for any reason whatsoever, is prohibited.
Responsibility
The photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, LAMARTHE shall not be held liable in the event of an error in one of these photographs or texts.
LAMARTHE may not be held liable to the User or to a third party for damages of any kind, whether material or immaterial or physical, or for any loss of operation, profit or turnover, which may result from the malfunctioning or misuse of the products marketed, in any way whatsoever, even if this damage or loss or prejudice was foreseeable by LAMARTHE, or if its possibility had been brought to its attention.
The same applies to any modifications to the products resulting from the suppliers.
LAMARTHE reserves the right to cancel an order following a computer problem, a data entry error, an act of piracy or any other internal or external malice. LAMARTHE shall be obliged to inform the client of the cancellation of the order. Please report any error by e-mail to lamarthe.info@gmail.com
Legal guarantee against hidden defects
The products sold on the site are subject to the legal guarantee conditions set out in articles L 211-4, L 211-5 and L 211-12 of the Consumer Code as well as articles 1641 and 1648 of the Civil Code:
Article 1641 Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it was intended, or which reduce this use so much that the buyer would not have acquired it, or would only have given a lower price, if he had known about them.
Article 1648 of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be discharged from the apparent defects.
Article L211 -4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L211 -5 of the Consumer Code
To be in conformity with the contract, the goods must
1° Be fit for the purpose usually expected of a similar good and, where applicable :
- Correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- Present the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L211-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Absence of guarantee
LAMARTHE cannot guarantee or affirm :
- that the site is free of viruses, data overwriting programs, Trojan horses or other destructive material;
- that the information contained in the site is accurate, complete or up-to-date.
The Site may contain technical inaccuracies or other defects and LAMARTHE does not guarantee that these defects will be corrected. The Site and its contents are presented "as is" and "subject to availability".
LAMARTHE expressly excludes all guarantees of any kind, whether express or implicit, and in particular, without this list being restrictive, all implicit guarantees of conformity or appropriateness of the Site or its content for a customary or specific use, of their quality or of the absence of any contravention of any provision.
Personal information
LAMARTHE undertakes not to divulge to third parties the information communicated by the client on the site. This information is confidential. It will only be used by its internal services to process the order and to reinforce and personalise communication, particularly through newsletters/emails, as well as in the context of personalising the Site according to the preferences noted by users.
In accordance with the French Data Protection Act of 6 January 1978, the customer has the right to access, rectify, modify and delete data concerning him/her.
The customer may exercise this right by sending an e-mail to the following address: contact@lamarthe.org
Disputes - Applicable law
In the event of a dispute, the Client should first contact LAMARTHE to obtain an amicable solution.
The Client may also visit the RLL platform (http://ec.europa.eu/consumers/odr/), set up by the European Union and aimed at resolving online disputes and conflicts between consumers and professionals arising from a cross-border commercial transaction carried out electronically.
This platform is dedicated exclusively to transactions carried out online, between private individuals and professionals.
These General Terms and Conditions of Sale are written in French and shall be executed and interpreted in accordance with French law. Any dispute that may arise in connection with their validity, interpretation or execution shall be submitted to the French Courts, which shall have exclusive jurisdiction. The Client agrees to accept their exclusive jurisdiction. LAMARTHE reserves the right to request and obtain injunctions or orders for the defence of its rights under the terms of this agreement.
