ARTICLE 1 – Scope of application
These General Conditions of Sale apply, without restriction or reservation, to all sales executed by the company HH operating under the trade name LOOPITA ("the Seller") with non-professional purchasers ("The Client "), wishing to purchase the products offered for sale by the Seller (" Les Products ") on the website loopita.fr (" the Website "). They specify in particular the conditions of order, payment, delivery and management of any returns of the Products ordered by the Clients.
The details of the Seller are as follows:
HH - Loopita, a company with a share capital of € 25,000
Located at 24 rue de la Poste in MIMIZAN (40200)
SIREN N °: 483 174 397 - RCS MONT DE MARSAN
N ° SIRET: 483 174 397 00032 / APE code: 4638B: Non-food wholesale trade
Intracommunity VAT number: FR17 483 174 397
Such. : 05 58 07 17 17
E-mail address: email@example.com
The Products offered for sale on the Website are: textile products, personalised accessories, interior decoration and personalised items. The main characteristics of the Products; specifications, illustrations, dimensions or capacity, are presented on the Website. The Client is required to know them before making any order. The photographs and graphics presented on the Website are non-contractual and are not the responsibility of the Seller. The choice and purchase of a Product is the sole responsibility of the Client. The Client is obliged to refer to the description of each Product in order to know the properties and the essential characteristics.
Product offers are within the limit of the available stocks, as specified when placing the order.
These General Terms and Conditions of Sale apply to the exclusion of any other terms and conditions, including those applicable to in-store sales or other distribution and marketing channels.
These General Conditions of Sale are accessible at any time on the website loopita.fr and will prevail, if applicable, on any other version or any other contradictory document.
The Client declares to have read and accepted these General Conditions of Sales by ticking the box provided for this purpose before starting the ordering procedure on line. The validation of the order by the Client constitutes acceptance without restriction or reservation of these General Conditions of Sale.
These General Terms and Conditions of Sale may be amended from time to time and the version applicable to the purchase of the Client is the one valid on the Website at the date of the order. Unless proved otherwise, the data recorded in the Seller's computer system constitute proof of all the transactions concluded with the Client.
In accordance with the French Data Protection Act of 6 January 1978, the Client has the right to access, rectify and oppose all personal data at any time by contacting: Company HH - LOOPITA, 24 rue de la Poste - 40200 MIMIZAN.
ARTICLE 2 - Orders
It is the Client's responsibility to select on the loopita.fr website the Products they wish to order, according to the following terms:
• The Client selects the article(s) they wish to acquire on the catalogue of articles by clicking on the desired reference(s);
• After taking note of the characteristics of the products, add them to the basket by choosing the volume and any options if they are proposed by the Seller (colour, size, template) and clicking on the words "Add to cart" .
• The contractual information is presented in French and, with the exception of photographs, drawings and images, constitutes the contractual information characterising the object of the contract. The Client is deemed to have full knowledge of the product when validating the order;
• When the Client has added all the desired items to the shopping basket, they must finish the order by clicking on "Finalise order";
• It will demand the Client to log-into their account or create one;
• The Client must provide a minimum of their surname, first name, current mailing address, delivery address, current e-mail address and a contact telephone number;
•The Client must state if the delivery address is different from the billing address;
• Validates the chosen addresses for delivery and / or billing;
• The client chooses his method of delivery from all those offered on the website;
• Chooses a proposed means of payment as appears in article 4 of these General Conditions;
• Before payment, accepts all the General Conditions of Sale and verifies the order;
• He validates the payment, confirms he has read the General Conditions of Sale and transmits the order to the Seller by clicking on the "Confirm Order";
• An acceptance or refusal of the order will be sent within 48hours by the Seller by email, the email will contain all the details of the order and will be accompanied by a PDF copy of these General Conditions of Sales.
The confirmation of the order forms the contract of sale in a definitive and irrevocable way.
Any order placed on the website loopita.fr constitutes the formation of a contract concluded at a distance between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment of a previous order.
The Client will be able to follow the evolution of his order on the Website in the section "Track your Orders".
In the case of an order placed in error or cancellation prior to the shipment of the ordered products, the Client may request the modification or the cancellation of the sale by sending an e-mail to: firstname.lastname@example.org indicating the number of the Order concerned
In the event of an approved cancellation or modification by the Seller any (total or partial) reimbursement of the order will be made within a period of 14 days from the acceptance of the Seller.
ARTICLE 3 - Rates
The Products are provided at the rates in force on the website loopita.fr when the order is registered by the Seller. Prices are in Euros including all taxes. The prices include any potential reductions of the VAT applicable on the day the is order placed by the Client. The Seller reserves the right to modify its prices at any time but the Products will be invoiced based on the tariffs in force at the time of the validation of the order. The prices do not include the processing, shipping, transport or delivery costs. Additional costs are calculated before the order is placed under the conditions indicated on the Website.
The payment requested from the Client will correspond to the total amount of the purchase, including these costs.
ARTICLE 4 - Payment terms
The total price is payable in full on the day of ordering by the Client, by means of secure payment using the following methods,
• by credit card: Visa, MasterCard, American Express and other debit cards;
With all payments methods the full amount will be debited on the confirmation of the order using 3D Secure payment protocol
The Seller will not be obliged to proceed with the delivery of the Products ordered by the Client if the full payment has not been cleared. Payments made by the Client will be considered as final only after actual collection of the sums owed by the Seller.
ARTICLE 5 – Delivery
Products ordered can be delivered within Mainland France, the EU or worldwide depending on our delivery partners logistics. All shipping times are based on the date of acceptance of the order by the Seller and full payment having cleared, as stated in article 2. The delivery will be made to the address indicated by the Client when ordering on the Website loopita.fr.
In the absence of a specific date, it is assumed to be 7 working days for Mainland France.
Delivery is the transfer to the Client of the physical possession or control of the Product.
Except in exceptional cases or unavailability of one or more Products, the Products ordered will be shipped in one delivery.
The Seller undertakes to make his best efforts to deliver the products ordered by the Client within the indicated time
However, any delay will be communicated by the Seller and if the Products ordered have not been delivered within 7 days after the initial date of delivery, except under exceptional emergency circumstances of either party, the sale can be dissolved with the Client's written request (in accordance with the provisions of Articles L 138-2 and L 138-3 of the Consumer Code). The sums paid by the Client will then be returned to him within 14 days of the date of termination of the contract, excluding any compensation or deductions.
• In the case of delivery
|Deliveries are carried out by independent carriers to the address requested by the Client at the time of the order and to which the carrier can easily access.|
Any specific Client packaging or transportation requests, if accepted by the Seller, will be invoiced in addition to the base cost.
It is the Client's responsibility to refuse delivery if the packaging is damaged. In case of receipt of the parcel, the complaints concerning the delivery must be made within 48 hours by e-mail addressed to email@example.com mentioning the order number, the reason for the complaint and the photographs regarding claim.
After this period and failing to comply with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no claim can be validly accepted by the Seller.The Seller shall reimburse or replace at his own expense the Products delivered, the defects of which have been duly proved by the Client, in accordance with the provisions of articles L 211-4 et seq. Code of consumption and those stipulated in these General Conditions of Sale (see guarantees, in particular).
• In case of in-store pick up
The Seller can also provide collection from the following address: Boutique Amaia, 12 Rue de la poste, 40200 MIMIZAN PLAGE, Delivery and collection can also be made at Point Relay which can be decided at the time of ordering.
The Client must stipulate this delivery option at the time of ordering.
The acceptance of the order starts an initial preparation time of 2 working days.
The Seller will inform the Client of the date of collection of the order.
The Client can only collect their order upon presenting a piece of identity and the order number.
ARTICLE 6 - Transfer of ownership and risks
The transfer of ownership occurs from the physical collection of the Products to the Client and under condition the full balance has been cleared.
Whatever the date of the transfer of ownership of the Products, the transfer of the risks of loss and any deterioration will be realised only when the Client takes physical possession of the Products. The Products therefore travel at Seller's risk
ARTICLE 7 - Right of retraction
In accordance with the legal provisions in force, the Client has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller without having to justify reasons or to pay a penalty, exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days of notification to the Seller of the Client's decision to retract.
Returns are to be made in their original state and complete (packaging, accessories, notice ...) allowing their re-marketing in the new state, accompanied by the purchase invoice. Products damaged, dirty or incomplete will not be accepted.
The Client will inform the Seller of his decision to retract by sending him the retraction form annexed to these General Conditions of Sale or declaring unambiguously the wish to retract by mail to the postal address of the registered office or By e-mail to: firstname.lastname@example.org.
The right of withdrawal can also be exercised on line, using the form of retraction available on the website loopita.fr, in which case an acknowledgment of receipt by hard copy will be sent immediately to the Client by the Seller.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product (s) purchased and the delivery costs are reimburse. The costs of return remaining at the Client's expense.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Client under the conditions provided for in this article.
According to Article L 121-21-8 of the Consumer Code, Products made to measure, customised or personalised at the Client's request, including perishable products part orders are not eligible for the right of withdrawal.
Products subject to a wholesale promotional price will not be refunded in part.
ARTICLE 8 - Liability of Seller - Warranties
The products sold on the website loopita.fr comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products provided by the Seller will benefit, without further payment:
• the legal guarantee of conformity, for the Products apparently defective, damaged or damaged or not corresponding to the order,
• the legal warranty against latent defects arising from a defect in material, design or workmanship affecting the products delivered and rendering them unfit for use.
The terms and conditions for the exercise of these guarantees are set out in the appendix to these General Conditions of Sale (Conformity Guarantee / Hidden Defects Guarantee).
In order to assert his rights, the Client must inform the Seller in writing of the non-conformity of the Products within a maximum period of 2 years from the delivery of the Products or the existence of hidden defects within a maximum period of 2 years from their discovery.
The Seller will partially or totally reimburse or replace or cause to be repaired the Products or parts under warranty found to be invalid or defective. The shipping costs will be refunded on the basis of the invoiced price and the return costs will be refunded on presentation of the invoice.
Refunds of Products deemed to be non-conforming or defective will be made as soon as possible and no later than 14 days after the Seller declares the lack of conformity or hidden defect.
The refund will be made by credit to the Client's bank account or by bankers draft addressed to the Client.
The Seller shall not be liable in the following cases:
• non-compliance with the legislation of the country in which the products are delivered, of which it is the Client's responsibility to check,
• in the event of misuse such as for business purposes, negligence or lack of maintenance by the Client, over the normal wear and tear of the Product, accident or exceptional unforeseen circumstance.
The Seller's guarantee is, in any case, limited to the replacement or reimbursement of the only the non-conforming or defective Products.
ARTICLE 9 - Informatics and Freedom
In accordance with Law 78-17 of 6 January 1978, it is reminded that the personal data requested by the Client is necessary for the processing of the order and, in particular, for the preparation of invoices.
This data may be communicated to the Vendor's partners who are responsible for the execution, processing, management and payment of orders.
The processing of the information communicated via the website loopita.fr has been the subject of a declaration with the CNIL.
In accordance with the national and European regulations in force, the Client has a permanent right of access, modification, rectification and opposition concerning the information concerning him.
This right may be exercised under the conditions and according to the terms defined in the legal conditions of the website loopita.fr.
ARTICLE 10 - Intellectual Property
The content of the website loopita.fr is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
In addition, Seller retains ownership of all intellectual property rights in the photographs, submissions, research, designs, models, prototypes, etc. carried out (even at the request of the Client) for the provision of the Services to the Client. The Client is therefore prohibited from any reproduction or exploitation of such items, designs, models and prototypes, etc., without the express prior written authorisation of the Seller which may involve compensation.
ARTICLE 11 - Governing Law - Language
These General Conditions of Sale and any resulting transactions are governed by and subject to French law.
These General Conditions of Sale are written in French. If they are translated into one or more foreign languages, only the French text will be considered authentic in the event of a dispute.
ARTICLE 12 - Disputes
Any dispute arising from a transaction which may dispute these general terms and conditions of sale and could therefore effect their validity, interpretation, execution, termination, consequences and aftermath that cannot be resolved between the Seller and the Client shall be submitted to the applicable courts under the conditions of ordinary law.
The Client is informed that he may in any event resort to a mediation agreement, in particular with the Consumer Mediation Commission (article L 534-7 of the Consumer Code) or any appropriate body.
ARTICLE 13 - Pre-contractual information - Client's acceptance
The placing of an order by an individual or business on the website loopita.fr implies adhesion and full acceptance of these General Conditions of Sale and implies an obligation to full payment by the Client of the products ordered, waiving any right which would contradict the sale or the Sellers terms.
Provisions relating to legal guarantees
Article L.211-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any defects of conformity existing at the time of delivery. It also liable for any defects of conformity resulting from the packaging, the assembly instructions or the installation of the product if this was stated as the Sellers responsibility in the contract.
Article L.211-5 of the Consumer Code
To comply with the contract, the goods must:
1 °) Be fit for the usual expected use of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities which they have presented to the buyer in the form of a sample or model
- present the qualities which a buyer can legitimately expect in the light of public statements made by the seller, the producer or his representative, in particular in advertising or labelling
(2) Or have the characteristics defined by mutual agreement by the parties or be specific to any special purpose sought by the buyer, brought to the knowledge of the seller and which the latter has accepted
Article L.211-12 of the Consumer Code
The action resulting from the lack of conformity is stated as two years from the delivery of the goods
Article L.211-16 of the Consumer Code
When the Client asks the Seller, during the period of guarantee for a repair or replacement covered by the warranty there will be an additional seven days added to the remaining warranty period. This period shall run from the buyer's request to intervene or the making available for repair of the goods in question, if required.
Article 1641 of the Civil Code
The Seller shall be liable for the hidden defects of the goods which render it unfit for purpose or diminished use. Where the good would not have been purchased at that price if known.
Article 1648 paragraph 1 of the Civil Code
The action resulting from the defects must be brought by the purchaser within two years from the discovery of the defect.
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on loopita.fr except for exclusions or limits of withdrawal according to the applicable General Conditions of Sale.
To the attention of :
Company HH - LOOPITA
24 rue de la Poste
I hereby notify the cancellation of the contract for the ordering of the following services:
- Order date……..........
- Order number: ............................................ ...............
- Client name: ............................................. ..............................
- Customer Address: ............................................. ..........................
Signature of the Customer (paper copies only) :