This Site accessible at the address http://www.lamarthe.org whose head office is located 5-7 rue des Gardinoux 93300 Aubervilliers (phone number: 09.51.44.00.17).
The use of the Site and the purchases of products offered on the Site are subject to these Terms and Conditions. Any purchase on the Site constitutes on the part of the customer an unconditional acceptance of the General Conditions of Sale detailed below:
These Terms and Conditions of Sale apply to all orders placed on the Site. The Customer acknowledges having read it at the time of placing the order, and expressly declares to accept them without reservation.
The company LAMARTHE reserves the right to adapt or modify at any time these Terms and Conditions of Sale. In case of modification, it will be applied to each order the General Conditions of Sale in force on the day of the order.
For any information, question, advice or order follow-up, our Customer Service can be contacted:
- by mail: Customer Service - 5-7 rue des Gardinoux 93300 Aubervilliers
- by e-mail: email@example.com
- by telephone: 09.51.44.00.17 (Monday to Friday from 10:00 to 17:00, excluding public holidays and holidays).
Terms of order
Orders placed on the Site are reserved for individuals and companies "final buyers". Resale or distribution of products purchased on the Site is strictly prohibited.
To place an order on the Site, the customer must be of legal age, have the legal capacity and hold a credit card or a PayPal account.
Orders received will be accepted within the limits of available stocks.
The "double click" associated with the authentication and non-repudiation procedure and the protection of the entirety of the messages constitutes an electronic signature. This electronic signature has value between the parties as a handwritten signature.
The products and prices are valid as long as they are displayed on the Site, within the limits of available stocks. The information mentioned on each product sheet is only indicative. The products offered comply with the French legislation in force and the standards applicable in France.
In the event of unavailability of an article noticed after the placing of order, LAMARTHE will inform the Customer by e-mail or telephone as soon as possible, proposing to the Customer:
- An exchange of an article of the same amount
- Partial cancellation of the order
- The total cancellation of the order
Partial or total cancellation of the order results in the refund of the canceled item (s); in this case, LAMARTHE recreates the bank account or Paypal account that was used to purchase within fourteen (14) business days maximum.
LAMARTHE incurs no liability in the event of out of stock or unavailability of products.
The photographs, texts, graphics, information and characteristics reproduced and illustrating the products presented are not contractual. If errors are included, LAMARTHE can not be held liable. LAMARTHE reserves the right to modify them at any time without notice.
The order confirmation requires the creation of a personal account on the Site. This account is intended to save billing information and delivery of said order and the following. The Customer will be asked to create their own password for future use of this account. The Customer undertakes to keep these confidential identifiers 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 case of loss, theft or any fraudulent use of his password, the Customer agrees to immediately inform the Site.
Account creation is free. The username and password for accessing the Site are confidential and must not be disclosed to third parties. After creation of the account, the Customer receives a confirmation of his registration by e-mail.
The Customer may at any time have his account deactivated by sending an e-mail to Customer Service at firstname.lastname@example.org . After deactivating the account, the Customer is free to create a new account at any time.
The data recorded by LAMARTHE constitute proof of all transactions between LAMARTHE and the Customer. The contractual information is presented in French or according to the chosen language (English, Spanish, Russian) by the Customer and will be confirmed by e-mail at the latest at the time of delivery.
The Customer must verify the completeness and conformity of the information he provides to LAMARTHE. The latter can not be held responsible for any data entry errors and consequences in terms of delays or delivery errors. In this context, all costs incurred for the return will be borne by the Customer.
Once validated, the order is transmitted to LAMARTHE for processing. The Customer can modify or cancel it only by contacting the Customer Service by telephone or e-mail, before shipping the package.
The customer who made an order will have the opportunity to print his invoice by connecting to the site in the space my order history provided for this purpose.
LAMARTHE reserves the right not to validate an order from a customer with whom it is in dispute for a previous order, or if LAMARTHE reasonably believes that this customer has breached these Terms and Conditions or that he has engaged in a fraudulent activity, or for any other legitimate reason.
Proof of transaction
The order confirmation is recorded on the LAMARTHE register, kept on a reliable and durable support. The customer accepts that the order confirmation is considered as proof of the contractual relations between the parties. The Customer then has access to this document at any time, upon request made to email@example.com
The Customer can, through his account, inquire about his orders, past or recently sent and manage and save information about him (mailing address, phone, bank details).
The computerized registers, preserved in the computer systems of the LAMARTHE company under reasonable conditions of safety, will be considered as the proofs of the communications, the orders and the payments made between the parts. The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.
Prices are quoted in Euros all taxes included, excluding shipping costs; it being specified that the value-added tax is that in force in metropolitan France on the day of the validation of the order.
The prices applied are those communicated on the site and confirmed to the customer during the validation of the order.
LAMARTHE reserves the right to modify at any time and without notice the prices of products offered on the Site. LAMARTHE agrees to apply the rates in effect at the time of the order, subject to availability on that date.
The cost of delivery is not included in the price of the products; it is added to the amount during the order process (see section "Delivery method").
We inform you that in case of display of a wrong price, whatever the reason (computer problem, manual error, technical error), the same order validated by LAMARTHE will be canceled, we will inform you in the best deadlines.
The customer will then be able if he wishes to return his order at the correct price and exact.
The price of items purchased is payable in cash, in full on the day of placing the order by the customer. Payment is made online by credit card:
- Bank Card (Blue Card, Eurocard, MasterCard, American Express, Visa)
- Paypal account
By means of validation by the customer at the time of payment.
LAMARTHE also reserves the right to refuse to honor an order from a Customer who has not paid a previous order (including partially) or with whom a payment dispute is being administered. Any payment will be considered definitive only after actual and full collection of the sums due. The processing and the shipping of the order take place only after verification of the mode of payment and reception of the debit authorization of the bank card or account Paypal.
If a payment due does not occur within three (3) weeks after sending the order confirmation despite one or more reminders by e-mail, LAMARTHE is entitled to declare as of right the unilateral resolution of the contract and cancel the order. In case 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 receipt of all sums due by the Customer as part of his order, including fees and taxes.
The transfer of ownership of a property purchased at LAMARTHE by the Client to a third party will not be supported by LAMARTHE. Only the original purchaser of this good can claim to have access to the clauses of the present General Conditions of Sale.
In case of unavailability of certain items ordered (see section "Product Availability"), the items concerned will either be exchanged or refunded.
Reservation of title
The ordered products remain the property of LAMARTHE until the collection of all amounts due for the LAMARTHE account. The Customer undertakes to assume the risks concerning the delivered products (in particular of loss, theft or deterioration) and this on the actual date of delivery.
The preparation time is not included in the delivery time. LAMARTHE will deliver orders accompanied by a delivery note within a maximum of ten (10) working days for delivery to Metropolitan France and twenty (20) working days for delivery to any other territory, and this from the day following the payment of the order. All orders registered after 14 hours will be processed and validated the next day.
All orders placed on a Saturday, Sunday or holiday will be processed and validated the next business day.
Order preparation times can be lengthened exceptionally in the following cases: peak activity period (eg Christmas, sales), temporary stock-outs, force majeure. LAMARTHE then undertakes to inform the Customer beforehand, either by telephone or by e-mail. If for any other reason (except case cited above) a delay in order preparation is observed, LAMARTHE undertakes to reimburse the Customer if no agreement is reached between the two parties, within a maximum period of thirty days (30 ).
Delivery method - Delivery area - Delivery time
The products are shipped to the delivery address that the Customer has indicated during the ordering process. LAMARTHE can not be held responsible for any data entry errors and their consequences in terms of delays or delivery errors. In this context, all costs incurred for the return will be borne by the Customer.
When placing an order, the Customer is asked to choose the shipping method among those offered by the Site. The proposed Carriers are as follows:
- GLS delivery: 48h to 72h in working days, from the dispatch *
Shipping costs are 3.90 € in mainland France and 15.00 € in Europe
For deliveries, if the recipient is absent at the time of the Carrier's transit, the parcel is deposited in a relay point near the delivery address. Unclaimed parcels are returned to LAMARTHE.
LAMARTHE declines any responsibility for the delays of delivery caused by the absence of the recipient of the parcel or in case of absence of withdrawal within the time provided for this purpose.
The company LAMARTHE can not be held responsible for delays in delivery due to errors or disruptions attributable to the Carriers (total or partial strike of the Carrier and / or means of transport and / or communication).
If the company LAMARTHE prevented to process the order by a case of force majeure or a fortuitous event as defined by the French jurisprudence or by a foreign cause, in particular a fault which is imputable to the Customer, the delivery time is extended by right depending on the duration of the impediment. LAMARTHE will inform the Customer by e-mail of the occurrence and the end of such impediments. If the impediment lasts more than four (4) weeks, each party will be entitled to cancel the order as of right, without the Customer being able to claim compensation from LAMARTHE.
Any defect or delay in delivery exceeding eight (8) working days must be reported to the Customer Service of the Site as soon as possible, either by telephone or by e-mail to firstname.lastname@example.org. Any complaint made beyond thirty (30) calendar days after the date of validation of the order can not be taken into account.
For any anomaly concerning the delivery, the customer is required to check the conformity of the product received in execution of his order at the time of delivery, and must imperatively be indicated on the delivery note in the form of "handwritten reserves" and accompanied by the client's signature :
- Damaged package
- Missing product
- Deteriorated product
- Product not in accordance with the order
The Customer must imperatively inform the Customer Service by e-mail to email@example.com
In the event of nonconformity of the purchased products or if they do not give satisfaction to the Customer, this one can return them or ask for the exchange or the refund in the conditions envisaged under the heading "Returns - Exchanges - Refunds".
Returns - Exchanges - Refunds
All products sold benefit from the clause "satisfied or refunded" in accordance with the provisions of the Consumer Code, Article L 121-20, unless otherwise specified on the days of sales. The Customer may exercise his right of withdrawal in accordance with Article L 121-20 of the Consumer Code. This right of withdrawal is exercised without penalty, with the exception of the costs of returning the package which remain the responsibility of the Customer.
Exchanges or refunds may only be requested for products purchased on the Site, within fourteen (14) calendar days of the date of receipt of the package.
Requests for the return of products ordered on the Site may be made under the following conditions:
- Have previously contacted the customer service at the following email address: firstname.lastname@example.org
- Products must be returned with their invoice
- In their initial state (they must not have been used, nor have they suffered any minor damage and be in a state of perfect cleanliness)
- In their original packaging (with cover and labels)
- At the following address (with the return number on the package) :
Winston - 5-7 rue des gardinoux
Returns or exchanges will not be accepted in store
The transport costs incurred by the return of the products are refunded only in case of nonconformity of the delivered products (reference error, damaged product, etc.).
LAMARTHE recommends to the customer to make the return of its products in Colissimo with delivery against signature, with a value of recommendation or additional insurance guaranteeing, if necessary, the compensation of the products up to their real market value in case of spoliation or loss of this merchandise. The company LAMARTHE can not be held responsible for delivery problems that occurred during this return (loss, theft, address error, late delivery, damaged package, etc.).
If the aforementioned conditions are not respected, LAMARTHE reserves the right to refuse the return of said products and return them to the Customer, without possibility of exchange or refund. LAMARTHE has all the attitude to decide if the products are in their initial state when they returned to LAMARTHE.
In case of exchange
Exchanges are accepted only if the price of the products initially ordered corresponds to that of the desired replacement products. In the opposite case, LAMARTHE can not validate the exchange request if no exchange agreement is found between the two parties, LAMARTHE undertakes to reimburse the Customer.
If the exchange request is valid, LAMARTHE will process this exchange within fifteen (15) working days following the date of receipt of the returned products.
In case of refund request
The transport costs incurred for the return to LAMARTHE remain the responsibility of the Customer. In case of partial refund, the transport costs are not reimbursed.
Under no circumstances will it be possible to assign the Customer an electronic credit for use on the Site. The refund will intervene in any event at the latest thirty (30) days after reception of the products object of the retractation. LAMARTHE will refund the Customer using the method of payment that was used during the purchase (credit card, PayPal account).
Non conforming products
The Customer must formulate with the Customer Service no later than the first working day following delivery, any complaint relating to an error of delivery and / or non-conformity of the products in kind or in quality compared to the indications appearing on the order form. (reference error, damaged product, etc.). Any complaint made after this time will be rejected without possibility of appeal.
This complaint must be made to LAMARTHE by e-mail to email@example.com
Upon receipt of the complaint, LAMARTHE will issue a return number of the product (s) concerned (s) and will communicate it to the Customer. The return of a product can only be carried out after attribution of this agreement number according to the approach presented in the heading "Request for return".
LAMARTHE reserves the right to determine if the product (s) returned are non-compliant. If the product is non-compliant, LAMARTHE undertakes to:
- either exchange the product (standard exchange subject to availability or exchange against another item of the same amount) and send it back to the Customer (shipping costs charged to LAMARTHE)
- Refund the Customer.
In both cases, the transport costs incurred by the return of the products are refunded only in case of return justified by the non-compliance of the delivered products.
After Sales Service - Repairs
Service intervention framework
Products distributed on the Site are guaranteed for one (1) year from the date of purchase.
Requests for compensation are handled within the scope of the VAS, that is to say:
- sewing problems
- tearing of the lining
- loss or breakage of metal parts (carabiners, rings, rivets, zips, etc.)
- defective zip.
LAMARTHE can not be held responsible for the problems related to the evolution or deterioration of the leather (discoloration, color transfer, stains, etc.) and will not be able to engage any repair of leather repair
Requests for repairs made beyond six (6) months will be submitted for review by the SAV and invoiced according to the degree of intervention required, after agreement between the two parties.
1- The Customer contacts the after-sales service by e-mail at firstname.lastname@example.org, specifying his coordinates, his order number, as well as the problem encountered, with photographs in support if necessary.
2- The SAV examines the request and then validates it if it fulfills the conditions mentioned above.
3- The Customer receives a notification of agreement of the service by e-mail
4- The Customer returns the product to the following address:
Winston - 5-7 rue des Gardinoux
The transport costs incurred by the return of the products are the sole responsibility of the Customer.
LAMARTHE reserves the right to refuse to perform repairs that are not within the scope of the services of the SAV or if it is found that the product has only known the wear of time, that it has been used or maintained improperly or has suffered accidental damage.
If the request is made within the warranty period, the VAS will, as far as possible, repair the defective product, free of charge, and return it to the customer within twenty-one (21) working days from the date of receipt. said product.
Once repaired, the product is returned to the Customer at the expense of LAMARTHE.
- Leather zip zipper replacement: it is not necessary to return the product. After-sales service may return the replacement part directly to the Customer by post.
- Carabiner / shoulder strap problem: if the problem concerns only the shoulder strap, it is not necessary to return the bag. The Customer may return only the shoulder strap to the SAV.
The LAMARTHE company holds the right to distribute the elements appearing in the catalog of the online store and in particular the photographs, of which LAMARTHE has obtained the authorizations of use.
All the elements (drawings, models, illustrations, images, videos, soundtracks, texts, logos, brands ...) constituting the Site is the property of LAMARTHE. In accordance with the provisions of the Intellectual Property Code, it is prohibited to reproduce, in whole or in part, by any means whatsoever, the distribution, publication, transmission, modification or sale of all or part of the content of the Site, or of create derivative works from it.
The LAMARTHE trademark and all other trademarks and logos displayed on the Site, whether registered or not, posted on the Site, as well as the domain name "lamarthe.org" is and remains 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.
Photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, the responsibility of the company LAMARTHE can not be engaged in case of error in one of these photographs or one of these texts.
The company LAMARTHE can not be held liable, towards the User or a third party, for damages of any kind, whether tangible or intangible, or any loss of exploitation, profit or turnover, which could result of a malfunction or misuse of the products marketed, occurred in any way whatsoever, even if this damage or loss or damage was foreseeable by the company LAMARTHE, or if its eventuality had been brought to his attention .
The same applies to any changes in products resulting from suppliers.
The company LAMARTHE reserves the right to cancel an order due to a computer problem, a typing error, an act of piracy or other internal or external malice. LAMARTHE will be obliged to inform the Customer of the cancellation of the order. Please report any errors by email to email@example.com
Legal guarantee of hidden defects
The products sold on the Site are subject to the legal guarantee conditions provided for in articles L 211-4, L 211-5 and L 211-12 of the French Consumer Code and articles 1641 and 1648 of the French Civil Code:
Article 1641 Civil Code
The seller is bound by the guarantee by reason of the hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which diminish the use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them.
Article 1648 of the Civil Code
The action resulting from latent 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 one year from the date on which the seller may be discharged from apparent defects.
Article L211 -4 of the Consumer Code
The seller is required to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility.
Article L211 -5 of the Consumer Code
To be in conformity with the contract, the property must:
1° Be fit for the usual expected use of a similar good and, where appropriate:
-correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or a model ;
- present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling ;
2° Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
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 can not guarantee and affirm:
- that the Site is free of viruses, data overwriting programs, Trojan horses or other destruction material ;
- that the information contained in the Site is accurate, complete or up to date.
The Site may contain technical inaccuracies or other defects, LAMARTHE does not guarantee the correction of these defects. The Site and its contents are presented "as is" and "depending on availability".
LAMARTHE expressly excludes all warranties of any kind, express or implied, and in particular, without this list being limiting, any implied warranties of conformity or of appropriation of the Site or its contents for a customary use or a specific use, of their quality or the absence of a contravention thereof to any provision whatsoever.
LAMARTHE undertakes not to disclose to third parties the information provided by the Customer on the Site. These are confidential. They will be used by its internal services for the processing of the order and to strengthen and personalize the communication including letters / emails and information as part of the personalization of the Site based on the preferences of users .
In accordance with the Data Protection Act of 6 January 1978, the Customer has the right to access, rectify, modify and delete data concerning him.
The Customer can exercise this right by sending an e-mail to the following address: firstname.lastname@example.org
Litigation - Applicable Law
In case of dispute, the Customer will first contact LAMARTHE to obtain an amicable solution.
The Customer can also visit the RLL platform (http://ec.europa.eu/consumers/odr/), set up by the European Union to resolve online disputes and conflicts between consumers and professionals born cross-border commercial transaction carried out electronically.
This platform is dedicated exclusively to transactions made online, between individuals and professionals.
These General Conditions of Sale are written in French and will be executed and interpreted in accordance with French law. Any dispute that may arise on the occasion of their validity, interpretation or execution will be submitted to the French Courts, which have exclusive jurisdiction. The Customer acknowledges accepting their exclusive competence. LAMARTHE reserves the right to request and obtain injunctions or orders for the defense of its rights hereunder.