Article 1 - Purpose and acceptance of the GTC
The company LACINO, a simplified joint stock company with a capital of €50,000, whose registered office is located at 470 Chemin de La Grande Fontaine - 07130 TOULAUD, registered with the Aubenas Trade and Companies Register under the number RCS AUBENAS 838 757 060, represented by Mr. Vincent Cuvelier in his capacity as president and Tracy Saab in her capacity as general manager, is specialised in the design and sale of customised jewellery products, car perfumes and luggage/maroquinerie products
The present general conditions govern the sales of Products made by the company LACINO on the website www.lacino.fr to any natural person of legal age acting for purposes that do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity.
When the Customer clicks on the "Order with payment obligation" icon to confirm his/her order for the Product(s) he/she has selected, he/she acknowledges that he/she has read these general terms and conditions of sale and accepts them without reservation.
The Customer is therefore invited to read the following clauses carefully. The Customer may not purchase any of the Products presented on the Site without having first accepted these General Terms and Conditions of Sale. The Customer declares that he/she has full legal capacity to commit himself/herself under these General Terms of Sale. For the purposes of these Terms and Conditions, it is agreed that the Customer and LACINO are collectively referred to as the "Parties" and individually referred to as the "Party".
Article 2 - Products
• 2.1 Essential characteristics and presentation of the Products
Some of the Products offered on the Site may be customised by the Customer, in which case they are made to order and constitute tailor-made products.
LACINO informs the Customer of the essential characteristics of the Products offered for sale and in particular:
- the model,
- the product references,
- the price,
- the technical characteristics,
- maintenance instructions.
LACINO invites the Customer to take note of these characteristics. The Customer is warned that there may be significant differences in colour between the display on a computer screen or smartphone and the reality and that these differences may not give rise to any reimbursement, and that the company LACINO cannot be held liable in this respect. Similarly, as LACINO uses and respects materials such as leather, each piece is unique and may differ slightly from the one presented on the Site.
LACINO undertakes to fulfil online orders within the limits of available stocks. The Products available are those shown on the Site on the day of its consultation by the Customer, unless otherwise stated. At any time, LACINO reserves the right to cease marketing a Product, without this affecting orders already placed for said Product. If the Product is not available, LACINO undertakes to inform the Customer by e-mail as soon as possible. The Customer may then cancel or modify his order, and a substitute product may be sent to him with his agreement. In the event of cancellation, the Customer will be reimbursed within a maximum period of fourteen (14) days from the receipt of the request for reimbursement if payment has already been made.
Article 3 - Prices
The prices are indicated in euros, including all taxes, but excluding transport costs. The price to be paid is the one indicated on the Site at the time of the validation of the basket and corresponds to the sum of the Products ordered, of the possible options chosen, of the amount of the processing and transport costs, of the VAT rate. A promotional offer present on the Site could reduce the price. It is specified that the value added tax is the French VAT at the normal rate in force on the day the order is validated. If the VAT rate is modified, these changes may be reflected in the price of the Products. LACINO reserves the right to modify the prices indicated on the Site at any time and without notice. The Products will be invoiced on the basis of the prices in force at the time of validation of the order by the Customer.
Article 4 Customer account
Orders are placed online, directly on the Site. When ordering for the first time, the Customer must create a customer account: the Customer must then enter a login and password. If the Customer loses his/her password, he/she enters his/her e-mail address in the corresponding field and the system automatically sends it back to his/her e-mail address. The information provided by the Customer when creating the customer account is binding on the Customer. The Customer shall therefore be solely responsible in the event of any error, omission or inaccuracy in the information provided.
Article 5 - Placing an order
The Customer places an order from the Products presented on the Site and chooses the number of Products. Any order implies acceptance of the price corresponding to the Product(s) ordered. The Customer also indicates the delivery address, chooses the delivery method and the payment method. Once the order has been completed, the Customer can check the Product(s) ordered, their number and the total price of the order in a summary. They may, if they wish, modify their order or cancel it. He validates his order by clicking on the "Order with payment obligation" button, he then declares that he accepts the order and all of these General Terms and Conditions of Sale, without reservation. The information recorded by the Customer during the order process is binding and LACINO shall not be held responsible in the event of a data entry error. Finally, the Customer proceeds to the payment. He has the possibility to print his order form.
As soon as the order is registered, an acknowledgement of receipt of the order is sent to the e-mail address provided by the customer.
This acknowledgement of receipt shall specify :
- the order number,
- the essential characteristics of the Product, including the various options selected
- by the Customer or the customisations requested, if any,
- the quantity of Products,
- the amount invoiced, including transport costs,
- confirmation of payment,
- the method and address of delivery of the order,
- the contact details of the company
- information on after-sales service and commercial guarantees where applicable,
- a reminder of the legal guarantees of conformity and hidden defects;
- information on the conditions and procedures for exercising the right of withdrawal by the Customer.
This acknowledgement of receipt validates the transaction. The Customer accepts that the computerised recording systems of the order are valid as proof of the purchase and its date. It is the Customer's responsibility to take all necessary measures to ensure that the e-mail sent is not blocked by a mail filtering device. The company LACINO shall not be held responsible in this respect. LACINO reserves the right to refuse or cancel any order from a Customer in the event of :
- dispute relating in particular to the non-payment of a previous order existing with the Customer;
- abnormal order in relation to the quantities ordered.
Article 6 - Payment and security means
Payment in full is made directly on the Site, at the time of ordering, in euros and by credit card or bank transfer. At no time may the sums paid be considered as a deposit or advance payment. The transaction is immediately debited from the Customer's bank card after verification of the data on the card, on receipt of the debit authorisation from the company issuing the bank card used by the Customer. The commitment to pay by means of a payment card is irrevocable. By communicating his/her bank card details, the Customer authorises LACINO to debit his/her bank card for the amount corresponding to the price of the Products plus delivery costs, all taxes included. To this end, the Customer declares that he/she is the holder of the bank card to be debited, that the name appearing on the bank card is indeed his/her own and that he/she has the necessary authorisations to proceed with the payment, if applicable.
In the event of fraudulent use of his/her bank card on the Site, the Customer is invited to contact the company LACINO by e-mail at the following address: email@example.com. In the event that it is impossible to debit the sums owed by the Customer, the online sale will be immediately cancelled by operation of law and the order will be cancelled. A detailed invoice is available in the customer account on the Site. The Site is subject to a security system:
The SSL encryption process has been adopted to certify and secure all exchanges between the site and the e-Customer, including sensitive data linked to payment methods.
The SITE is hosted by a French host whose servers are located in France and named OVH 2 rue Kellermann - 59100 Roubaix - France,
Article 7 - Reservation of ownership
The Products remain the property of LACINO until all the sums due by the Client for the order have been paid, including expenses and taxes.
Article 8 - Delivery and reception of Products
Delivery is made by carrier to the delivery address given by the Customer when validating the order. The Customer must ensure that the delivery address and telephone number are correct. It is recalled that the company LACINO cannot be held responsible for any delay or error in delivery due to an erroneous entry of the address by the Customer when placing the order. In this context, all costs incurred for the reshipment of the Products shall be entirely at the Customer's expense.
Delivery times are calculated in working days, excluding Saturdays, Sundays and public holidays, and correspond to the usual average times including the times for processing, preparation and routing of the order. If the delivery date is exceeded, the Customer may cancel the sales contract by sending a registered letter with acknowledgement of receipt to the following address LACINO - 1690 ZA route de lyon Les Freydières - 07130 SOYONS, if after having enjoined the company LACINO to carry out the delivery within a reasonable additional time, this last one did not carry out in this time.
The contract shall be considered terminated upon receipt of the letter by LACINO, unless delivery has been made in the meantime. In the event of termination, the Customer shall be reimbursed, by the same means of payment, for all the sums paid, as soon as possible and at the latest within fourteen (14) days from the date of receipt of the letter by LACINO. The company LACINO shall not be held responsible for the non-performance of the contract, particularly in the event of failure or delay in delivery, due to the Customer (incorrect information on the delivery address), to an unforeseeable and irresistible act by a third party to the contract or to a case of force majeure.
Upon receipt of the Products, the Customer is required to check the condition of the packaging and the integrity of the Products delivered, and to make any reservations and claims on the carrier's delivery note and to inform LACINO by sending photographs and a copy of the reservations made to the carrier by e-mail within seven (7) working days of the date of delivery of the Products to the following e-mail address: firstname.lastname@example.org The Customer is also responsible for verifying the conformity of the Products received in execution of his/her order at the time of delivery. Any non-conformity or defect of the Products must be notified to LACINO within the legal time limits, as mentioned below.
Article 9 - Guarantees
• 9.1 Legal guarantee of conformity and guarantee against hidden defects
It is reminded that the company LACINO is bound by the legal guarantee of conformity mentioned in articles L. 217-1 to L. 217-32 of the consumer code and that relating to defects in the thing sold, under the conditions set out in articles 1641 to 1648 and 2232 of the civil code.
When acting under the legal guarantee of conformity, the Customer : - has a period of two years from the date of delivery of the goods to take action - may choose between repairing or replacing the goods; - is exempted from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods. The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted. The Customer may decide to implement the guarantee against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code, in which case he may choose between rescinding the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
In the event of a return for non-conformity or hidden defect, the Customer must make a request to LACINO's customer service department, by e-mail to the following address: email@example.com, giving details of the defect or non-conformity found. LACINO will examine the Customer's request and will proceed, at the Customer's discretion, with the exchange or refund of the Product(s), shipping and return costs, if the request is justified. No return for non-conformity or hidden defect will be accepted without prior validation by LACINO.
•9.2 Commercial warranty
Notwithstanding the above, LACINO guarantees its jewellery Products for a period of five (5) years from the date of purchase and two (2) years from the date of receipt of the Products for leather goods or luggage Products. If, after inspection, it is found that this warranty is applicable, the Product will be repaired or replaced and returned to the Customer, at no cost to the Customer, if possible. If not, the Customer will be refunded the amount corresponding to the defective Product, without the Customer being able to claim damages for any reason whatsoever, which the Customer expressly acknowledges and accepts. The replacement of a Product shall not have the effect of extending the duration of this warranty, and the replacement Products shall therefore be guaranteed for the remaining period.
• 9.3 Guarantee exclusions
The application of the above guarantees is subject to the payment of all the sums due to LACINO, to the definitive collection of the said sums and to the production of the purchase invoice and the certificate of authenticity by the Customer. The present guarantees are excluded in the event of :
- poor handling, exposure or storage conditions of the Products;
- use of the Products, by the Customer or any third party, not in accordance with their purpose and/or the indications of LACINO ;
- malfunction or damage resulting from an impact or a fall;
- failure to follow the maintenance instructions given by LACINO;
- deterioration of the Product by an external element or by the Customer or a third party, particularly in the event of the use of solvents or corrosive products;
- normal wear and tear of the Product ;
- intervention by a third party on the Product, for any reason whatsoever and in particular for restoration or maintenance purposes.
Article 10 - Right of withdrawal
In accordance with the provisions of the French Consumer Code, the Customer has a period of fourteen (14) clear days from the date of receipt of the Products to exercise his right of withdrawal, without having to justify his reasons or pay any penalties, with the exception of the cost of returning the Products, by filling in the standard withdrawal form available on the Site or by sending an e-mail to the following address: firstname.lastname@example.org. The Customer will then receive, without delay, an acknowledgement of receipt of his withdrawal by e-mail. Within fourteen (14) days following the transmission of the withdrawal form or e-mail to LACINO, the Customer must return the Products to the following address LACINO, 1690 route de Lyon, Les Freydières 07130 SOYONS. It is up to the Customer to keep the proof of deposit of the parcel which will be given to him by the Post Office or the carrier, the stamp being proof of the date of return of the Product. The return being at the expense of the Customer, in case of loss of the parcel, no refund can be made. LACINO undertakes to reimburse the Customer, using the same means of payment as that used by the Customer for the initial transaction, the price of the Product as well as the delivery costs in the event of the return of all the Products delivered, without unjustified delay and at the latest within fourteen (14) days following the date of recovery of the Products.
The risks and costs of returning the Products are borne exclusively by the Customer. The Customer is informed that the right of withdrawal cannot be exercised for Products made to the Customer's specifications or clearly personalised. The right of withdrawal may only be exercised for Products returned complete, unopened, in perfect condition, clean and in their original packaging. Products returned incomplete, spoiled, soiled, damaged or unfit for sale, for whatever reason, will not be accepted. The Customer shall be liable for any depreciation of the Product resulting from handling other than that necessary to establish its nature, characteristics and proper functioning.
Article 11 - Liability
LACINO shall not be held liable for any damage caused to the Product, to property other than the Product or to a person, resulting from improper use or misuse of the Product, the Customer being solely responsible for any damage caused in this respect.
Article 12 - Customer service
For any information, question or complaint, the customer service of the company LACINO is at the disposal of the Customer: by e-mail: email@example.com -by post: LACINO, 1690 route de Lyon, Les Freydières 07130 SOYONS. from Monday to Friday from 8am to 5pm
Article 13 - Personal data
Type of data collected :
The personal data collected and subsequently processed by LACINO are those that the Customer voluntarily transmits via the form and concern, at a minimum, the Customer's first and last name, a delivery address, a telephone number and a valid e-mail address.
Purposes of the collection of personal data :
The data identified as mandatory in the form are necessary for the management of orders, authentication of payments and delivery of Products, for market research, as well as for the receipt of newsletters and commercial offers, according to the choice of the Customer.
Transmission of data to third parties :
The data collected may be transmitted to companies involved in the execution of services and orders, their management, execution, processing and payment. The company LACINO undertakes not to transmit this data to third parties other than those mentioned above.
Duration of retention of personal data :
This data is stored and kept for the time strictly necessary to achieve the purposes mentioned above. At the very least, the data is kept for a maximum period of THREE (3) years from the end of the commercial relationship.
Right of access and rectification :
The Customer is informed that, in accordance with the French and European regulations in force, they have the following rights, subject to proving their identity: -The right to object, for legitimate reasons, to the processing of personal data concerning him/her -The right to object, for legitimate reasons, to personal data concerning him/her being processed in a manner other than that stated in the present document and to which he/she has given his/her consent consented to; -The right to object, free of charge, to the data collected being processed by the commercial processing by the data controller; -The right to be informed about the processing to which his/her personal data are subject The right to be informed about the processing of personal data; -The right to obtain information on the processing of personal data managed by the controller -The right to obtain information on the processing of personal data managed by the company LACINO and any information that would allow The right to obtain information regarding the processing of personal data managed by the company LACINO and any information allowing to know and, if necessary, to contest the logic that presides over the processing of said data; -The right to obtain a copy of the personal data concerning him/her, as well as the right to The right to obtain a copy of the personal data concerning him/her, as well as a right to rectify, portability, updating or deletion of all or part of the said data.
The Customer may exercise his rights by contacting the company LACINO, indicating his name, first name and e-mail address, by e-mail at the following address: firstname.lastname@example.org
Password confidentiality :
The Customer accepts and acknowledges that he/she is responsible for maintaining the confidentiality of the passwords associated with any account used to place orders on the Site. Consequently, the Customer agrees to be solely responsible to LACINO for any act carried out from his/her account. If the Customer becomes aware of any unauthorised use of his/her password or account, he/she undertakes to inform LACINO without delay by e-mail to the following address: email@example.com
Complaint to the competent authority :
SIf the Customer considers that LACINO is not complying with its obligations with regard to his/her personal data, he/she is reminded that he/she may submit a complaint or a request to the competent authority. It is recalled that in France the competent authority is the CNIL to which the Customer may send a request electronically by clicking on the following link: https://www.cnil.fr/fr/plaintes/internet.
Article 14 - Force majeure
LACINO shall not be held liable for any delay or contractual failure resulting from a case of force majeure, i.e. an event external to the parties, irresistible and unforeseeable. The performance of the obligations incumbent on LACINO shall be suspended by the occurrence of an event constituting force majeure within the meaning of the case law of the French courts. In this case, LACINO shall inform the Customer as soon as possible of the duration of the force majeure event and its foreseeable consequences.
Article 15 - Non-waiver
The fact that the company LACINO does not avail itself at a given time of any of the clauses of these general conditions shall not constitute a waiver of the right to avail itself of these same clauses at a later date.
Article 16 - Amendment
LACINO reserves the right to modify the provisions of these general conditions of sale at any time, the Customer being bound by these modifications. Orders will thus be governed by the version of the general sales conditions in force on the day of their validation by the Client.
Article 17 - Independence of clauses
If one (or more) of the provisions of these general terms and conditions of sale is (are) held to be invalid, the validity of the other provisions shall not be affected unless they are inseparable from the invalid provision.
Article 18 - Applicable law - Disputes
The sales contract concluded between LACINO and the Customer is subject to French law, the application of any international agreement being excluded. The language of this contract is French. In the event of a dispute, the Customer is informed that he/she may have recourse to a consumer mediator, after an attempt to reach an amicable settlement directly with the company LACINO has failed, in accordance with the provisions of the Consumer Code. To this end, the Customer is informed that LACINO has appointed the following mediator:
14 rue Saint Jean
06 09 20 48 86
In addition, the Customer may use the European Online Dispute Resolution (ODR) platform available at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show In the absence of mediation, the jurisdictional competence is that of the French courts, the competent court being designated according to the rules of procedure in force in France at the time of the dispute.