TERMS AND CONDITIONS
The present General Terms and Conditions of Sale are concluded between LazurCo and the Client whether it is a natural or legal person wishing to carry out
a purchase on the www.massme.fr website (hereinafter referred to as the “Parties”). The Parties agree that these General Terms and Conditions of Sale exclusively govern their relationship. LazurCo reserves the right to modify the General Terms and Conditions of Sale from time to time. They will be applicable as soon as they are put online.
If a condition of sale is missing, it will be considered to be governed by the practices in force in the distance selling sector of which
the companies are headquartered in France.
LEGAL NOTICES :
Company name : LazurCo SASU
Head office: 189 avenue de Fabron – La Tropézienne, 06200 Nice – France
Registration: RCS Nice 831 588 926,
SIRET: 831 588 926 00012
Intra-Community VAT: FR25831588926
Tel: +33 (0)6 23 62 69 54
ARTICLE 1 – PURPOSE
The General Terms and Conditions of Sale are intended to define the terms of sale between the parties, from the placing of the order to after-sales services, including payment and delivery. The offers are addressed to Customers having a delivery address in the countries where LazurCo ensures the delivery by its transport provider.
ARTICLE 2 – PRODUCTS
The products offered for sale are described and presented as accurately as possible on the website. However, if errors or omissions may have occurred in this presentation, LazurCo cannot be held liable.
The products presented on the website are valid within the limits of available stocks.
ARTICLE 3 – PRICES
Prices on the www.massme.fr website are subject to change and are displayed in Euros, all taxes included. The prices can be modified at any time, without prior notice and in particular in the event of a change in fiscal or economic data. The prices of the products are exclusive of delivery costs (postage, packaging and packing of the package according to the amounts in force) which remains the responsibility of the Customer, except in the case of a temporary or permanent promotional offer. The amount of the delivery costs will be specified on the order form before validation of the order.
Prices cannot be modified once the Customer’s order has been validated.
ARTICLE 4 – THE ORDER
The Customer has the possibility to place his order online. Once the shopping cart is validated, the Client will have to accept the General Terms and Conditions of Sale, choose the delivery address and validate the method of payment, this last step formalizing the sales contract between LazurCo and the Client. Any order implies acceptance of the price as described in the sale.
LazurCo will acknowledge receipt of the order as soon as it is validated by sending an email to the Client. In certain cases, such as non-payment, incorrect address or other problems with the Client’s account, LazurCo reserves the right to block the Client’s order until the problem is resolved. In case of unavailability of an ordered Product, the Customer will be informed by the posting of an out-of-stock message on the site and a delay of availability.
For any question relating to the follow-up of an order, the Customer must contact us by e-mail at the following address: email@example.com.
ARTICLE 5 – TERMS OF PAYMENT
The Customer shall pay for his order in Euros using one of the following payment methods:
– by credit card CB Visa / MasterCard, via the secure page of our partner bank BNP Paribas according to the 3D Secure transaction protocol.
The order will be processed upon receipt of payment. In the event of non-receipt of payment within seven (07) working days following the order, the order will be considered null and void.
– by PayPal
– by bank transfer :
IBAN: FR76 3000 4000 5600 0100 6270 618
Address: 189 avenue de Fabron – La Tropézienne – 06200 Nice.
The processing of the order will be carried out upon receipt of your transfer to the account of the company LazurCo.
ARTICLE 6 – INVOICE
The Customer will receive an invoice at the e-mail address indicated at the time of the order. The invoice will include all the elements of the order on the day of its validation by the Customer.
ARTICLE 7 – DELIVERY
Delivery is made by La Poste Colissimo within an indicative period of 48H everywhere in France, 5 to 7 days for the DOM, 2 to 3 days for Europe and within 4 to 8 days for other countries. The delivery time is taken into account from the delivery of the package to La Poste Colissimo. Shipping costs are fixed.
The delivery times indicated are average delivery times engaged by La Poste Colissimo, and may vary according to the destination; they are given for information only and LazurCo’s responsibility cannot be engaged in case of late delivery due to the services of the carrier or force majeure.
Exceeding these deadlines can in no case be held against LazurCo nor give rise to a cancellation of the order or to any compensation for damages.
LazurCo also declines all responsibility in case of loss of the package. In case of damaged package (already opened, missing product, etc…), the Client agrees to notify it, with its tracking number, to La Poste Colissimo and LazurCo immediately following the receipt of the product.
LazurCo cannot be held responsible if a delivery cannot be made in case of incomplete and/or erroneous information communicated by the Client.
If the country of delivery is not part of the European Union, customs duties will be charged to the customer.
In order to know them, the customer must check with the competent authorities of his country.
ARTICLE 8 – RIGHT OF WITHDRAWAL AND EXCHANGE
For deliveries in France, the Customer has a right of withdrawal for a period of fourteen (14) upon receipt by the latter of the product(s) ordered.
The right of withdrawal is exercised at the Customer’s discretion and the Customer must notify LazurCo within the above-mentioned period by a declaration free of any ambiguity. The Customer shall notify its decision to LazurCo by email at firstname.lastname@example.org and shall receive an acknowledgement of receipt.
In the event of a dispute, it is up to the Client to prove that it has exercised its right of withdrawal within the legal time limits.
Only the returns in the conditions of the original packaging will be taken care of by LazurCo. The Product(s) to be returned must be intact, complete and unwashed.
The return costs are at the expense of the Customer unless LazurCo has delivered a product found damaged or different from the ordered item. In this case it is recommended to return your package by La Poste Colissimo followed with signature. In the event of litigation, it will be up to you to prove the reception of the parcel in our premises.
After checking the good condition of the product and its packaging, the refund will be made within a maximum of 30 working days from receipt of the return of the goods. The sum, excluding delivery costs, will be re-credited to the means of payment used at the time of purchase.
ARTICLE 9 – WARRANTY
The products are guaranteed against any manufacturing defect or hidden defects under normal conditions of use for a period of 2 years from the date of delivery.
Any return under warranty must be agreed in advance by LazurCo. To this end, the Customer shall contact the after-sales service by sending an e-mail to email@example.com.
LazurCo then undertakes to send at its expense to the Customer a new product in good working order.
To be able to benefit from this guarantee, the Customer must send the purchase invoice allowing to find his order.
The defective product must be returned in its original packaging.
The following are excluded from this guarantee: Failure to observe the precautions for use indicated – Defects resulting from a lack of maintenance or incorrect use of the product – Scratches or abrasions – Corrosion problems following use in a salty, chlorinated and confined environment – Natural wear and tear of the materials making up the article, in particular the textile elements.
The photos representing our products are for information purposes only. These photos, as well as the texts illustrating the products, do not fall within the contractual scope of the guarantee.
ARTICLE 10 – SIGNATURE AND PROOFS
In all cases, the final validation of the order shall be proof of the completeness of the said order in accordance with the provisions of the law of 13 March 2000 and shall be worth the sums incurred by the seizure of the Products appearing on the order form. This validation is worth signature and express acceptance of all operations carried out on the website www.massme.fr.
ARTICLE 11 – OBLIGATION OF THE PARTIES
LazurCo, in the case of acceptance of an order, undertakes to sell to the Customer the products ordered according to the terms and conditions specified above. LazurCo undertakes to verify that the products comply with French regulations.
The Customer undertakes to indicate to LazurCo an address to which the delivery can be made.
The nominative information (name, first name, telephone, e-mail address, etc…) collected for the purpose of concluding the sales contract is mandatory. This information is indispensable for the processing and delivery of the order and the invoice. Failure to provide this information will result in the non-validation of the order. In case of error in the provision of this information, LazurCo cannot be held responsible for the impossibility to deliver the order. In this case, the Customer remains responsible for the payment.
In case of incomplete address information resulting in the impossibility of delivery by the transport service provider, the Customer will have to pay the delivery charges corresponding to the reshipment of the order.
ARTICLE 12 – LIABILITY
LazurCo has an obligation of result for all stages of order taking as well as for the stages after the conclusion of the contract.
Thus LazurCo undertakes to describe the product sold on the website www.massme.fr as accurately as possible. On the other hand, the responsibility of LazurCo cannot be engaged in the case where the non-performance of its obligations would be attributable either to the unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure as defined by the French jurisprudence. In the same way, LazurCo cannot be held responsible for any inconvenience or damage inherent to the use of the Internet network, in particular a service interruption, an external intrusion or the presence of computer viruses.
ARTICLE 13 – INTELLECTUAL PROPERTY
All elements of the www.massme.fr website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. Similarly, the trademarks, logos, designs and models appearing on the www.massme.fr website are the exclusive property of LazurCo. Their disclosure shall in no way be construed as granting any license or right to use any of the said trademarks and distinctive elements protected by copyright. They cannot therefore be used under penalty of counterfeiting. Thus, none of the documents from the www.massme.fr website may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever.
However, it is possible to download a copy of the documents onto a computer for the Customer’s personal use and only for non-commercial purposes, provided that the Customer does not modify the information contained and that he keeps intact all copyrights and other proprietary notices. Modification of these documents or their use for any other purpose constitutes an infringement of LazurCo’s intellectual property rights. The Client who has a website for personal use and who wishes to place, for personal use, a simple link on its site, directly referring to the home page of the website www.massme.fr, must obligatorily request authorization from the Director of Publication of the LazurCo company.
It will in no case be an implicit agreement of affiliation.
On the other hand, any hypertext link referring to the website www.massme.fr and using the technique of framing or in-line linking is strictly forbidden. In any case, any link must be removed on simple request of LazurCo.
ARTICLE 14 – PERSONAL INFORMATION
At the time of the order, the personal data will be the subject of a data-processing treatment. In a logic of respect for the Client’s privacy, LazurCo undertakes that the collection and processing of personal information will be carried out in accordance with the law n°78-17 of January 6, 1978 relating to data processing, files and liberties, known as the “Data Processing and Liberties” law. In accordance with article 34 of the law “Informatique et Libertés”, LazurCo guarantees the Client a right of opposition, access and rectification on the nominative data concerning him.
ARTICLE 15 – MISCELLANEOUS PROVISIONS
The invalidity of one of the clauses of these General Terms and Conditions of Sale shall not affect the application or validity of the other clauses of the General Terms and Conditions of Sale. This clause will then be replaced by the closest possible provision.
Neither LazurCo, nor the Customer shall be held liable in case of breach of contract due to a case of force majeure in particular and without this being restrictive.
For any information, question or complaint, the Client may send an e-mail to: firstname.lastname@example.org.
ARTICLE 16 – APPLICABLE LAW AND JURISDICTION
In the event of a dispute, an amicable solution will be sought before any legal recourse. The prior search for an amicable solution does not interrupt the time limits for acting as a guarantee. All relationships arising from the connection and/or use of this site are subject to French law. The General Terms and Conditions of Sale are subject exclusively to French law. The Commercial Court of Nice is the only competent court in case of dispute or difference between the parties.
The website www.massme.fr complies with French law, and under no circumstances does LazurCo give any guarantee of compliance with local legislation that would be applicable to you, as soon as you access the website www.massme.fr from other countries.
ARTICLE 17 – MEDIATOR
For any consumer dispute that has not been resolved directly with the company, the individual consumer may refer the matter to the consumer ombudsman :
– Online https://mediateur-consommation-smp.fr
– By mail to Société Médiation Professionnelle – Médiateur de la consommation (Professional Mediation – Consumer Ombudsman)
24 rue Albert de Mun
In accordance with Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, electronic link to the Online Dispute Resolution (ODR) platform: https: //webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR