The online shop of the www.Lga.fr site was installed by the company LGA SAS, which is the operator of this site. Every order for a product appearing within the online shop of the Web site www.Lga.fr supposes the preliminary consultation of these general terms.
Consequently, the customer recognizes being perfectly informed that his agreement concerning the contents of these general terms does not require the handwritten signature of this document, insofar as the customer wishes to order on line the products presented within the framework of the shop of the Web site.
The customer has faculty to safeguard or to print the present general terms, being specified that as well safeguard as printings of this document concern its own responsibility.
The online shop installation by company LGA SAS within the framework of the Web site mentions following information:
• legal note allowing an identification of the company LGA SAS
• presentation of the essential characteristics of the goods proposed
• indication in Euros of the price of the goods, and if necessary, of the delivery costs
• indication of the payment means, delivery
• the existence of a right of retractation
• the period of validity of the offer or of the price
All these informations are presented in various languages: French, English, German, Italian and Spanish. The customer states to have full legal capacity allowing him to engage under the present general terms.
Article 1: Integrality
The present general terms express the entirety of the obligations of the parts. So, the customer is considered to accept without reserve the entirety of the provisions envisaged under these general terms. No general term or specific appearing in the documents sent or given by the customer will be able to be integrated into present, since these documents would be incompatible with these general terms.
Article 2: Object
The present general terms have the aim of defining the rights and obligations of the parts within the framework of the sale in line of goods and proposed services by company LGA SAS to the customer.
Article 3: Contractual documents
This contract is formed by the following contractual documents, presented by decreasing hierarchical order: present general terms; the purchase order. In the event of contradiction between the contained disposals in the documents of different row, the provisions of the document of higher row will prevail.
Article 4 : Coming into effect – duration
The present general terms come into effect at the date of signature of the purchase order. The present general terms are concluded for the duration necessary to the supply from the goods and subscribed services, until the extinction of the guarantees due by the company LGA SAS.
Article 5 : Electronic signature
The “double click” of the customer under the purchase order constitutes an electronic signature which has, between the parts, the same value as a handwritten signature.
Article 6: Confirmation of order
Contractual information will be the subject of a confirmation by e-mail sent at the latest at the time of the delivery or failing this, to the addresse indicated by the customer within the purchase order.
Article 7: Proof of the transaction
The computerized registers, preserved in the computing systems of company LGA SAS under reasonable conditions of safety, will be regarded as the evidence of the communications, the orders and the payments occurred between the parts. The filing of the orders and the invoices is carried out on a reliable and durable support being able to be produced as proof.
Article 8: Information on the products
8-a : Company LGA SAS present on its Web site the products to be sold with the characteristics necessary which make it possible to respect the Article L 111-1 of the Code of the French consumption, which envisages the possibility for the potential customers of knowing before the final order taking the essential characteristics of the products that it wishes to buy.
8-b : The offers presented by company LGA SAS are valid only within the limit of stocks available.
Article 9: Price
The prices are indicated in euros and are valid only at the date of the sending of the purchase order by the customer. They are free of packing.
They do not take into account the expenses of delivery, invoiced in supplement, and indicated before the validation of the order.
The minimum of order is of 20 €; below this minimum, contractual expenses of 5 € will be invoiced in addition. The prices take account of the VAT applicable to the day of the order and any change of applicable rate VAT will be automatically reflected on the price of the products of the online shop. The payment of the totality of the price must be carried out during the ordering. The versed sums could never be regarded as down payments or installments.
In the event of order towards a country other than the Metropolitan France you are the importer of the products concerned. For all the products dispatched except European Union, the price will be calculated net of tax automatically on the invoice. Customs duties or other taxes local or right of importation or taxes of state are likely to be exigible. These rights and sums are not spring of LGA. They will be with your load and are of your whole responsibility, as well in terms of declarations as of payments at the authorities and qualified organizations of your country. We advise you to inform you about these aspects near your local authorities.
The prices can be modified without notice.
The goods remain property of company LGA SAS until integral payment.
Article 10: Method of payment
To pay his order, the customer can choose the methods of payment aimed within the purchase order. The customer guarantees the company LGA SAS which it has the authorizations possibly necessary to use the method of payment chosen by him, during the validation of the purchase order.
Company LGA SAS reserves the right to suspend any management of order and any delivery in the event of refusal of authorization of credit card payment on behalf of the officially accredited organizations or in the event of nonpayment. Company LGA SAS reserves in particular the right to refuse to carry out a delivery or to deliver an order emanating with a customer who would not have regulated completely or partially a preceding order or with which a litigation of payment would be in the course of administration
Article 11: Availability of the products
The order will be carried out at the latest within 3 day as from the day following that where the customer placed his order. In the event of unavailability of the ordered product, in particular because of our suppliers, the customer will be as soon as possible informed and will have the possibility of cancelling his order. The customer will have then the choice to ask either for the refunding of the sums paid in the 30 days at the latest of their payment, or the exchange of the product.
Article 12: Methods of delivery
The delivery period is usually of 24 to 48h, in Metropolitan France. The products are delivered to the address indicated by the customer on the purchase order. The customer have to check the state of the packing of the goods of the delivery and to announce the damage due to the conveyor on the delivery order, and also at company LGA SAS, within one week. The customer can, if he request it, obtain the sending of an invoice to the bill-to-address and not to the address of delivery by validating the option envisaged for this purpose on the purchase order. With regard to forwarding, we work primarily with company GLS.
Article 13: Problems of delivery because of the conveyor
Any anomaly concerning the delivery (damages, produced missing compared to the delivery order, damaged parcel, broken product…) will have to be imperatively indicated on the delivery order in the form of handwritten reserves, accompanied by the signature of the customer. The customer will have in parallel to confirm this anomaly by addressing to the conveyor in the two following business days from the delivery date a mail recommended with acknowledgement of delivery exposing the aforementioned complaints. The customer will have to transmit copy of this mail by fax or simple mail to:
254, chemin de la Farlède
83500 La Seyne sur Mer
Article 14: Errors of delivery
14-a: The customer will have to tell to company LGA SAS the very same day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and/or nonconformity of the products in kind or in quality compared to the indications being reproduced on the purchase order. Any complaint formulated beyond this time will be rejected.
14-b: The formulation of this complaint to company LGA SAS could be made:
- in priority by telephone to the 0033 (0) 4 94 29 04 99 from Monday to Friday of 9:00 to 18:00,
- by connecting you on our site in the heading contact where, after having entered your customer number, you will be able to ask us your question by specifying the reference of the order.
14-c: Any complaint not carried out in the rules defined above and the time limits could not be taken into account and will release company LGA SAS of any responsibility with respect to the customer.
14-d: In case of error of delivery or exchange, every produced to exchange or refund will have to be returned to company LGA SAS as a whole and in its packing of origin, with the following address:
254, chemin de la Farlède
83500 La Seyne sur Mer
To be accepted, any return will have to be announced as a preliminary to the Customer service of company LGA SAS. The expenses of sending are the responsibility of company LGA SAS, except if it would prove that the taken again product does not correspond to the declaration of origin made by the customer in the good of return.
Article 15: Guarantee of the products
In accordance with the Article 4 of the decree n°78-464 of March 24, 1978, the provisions of present cannot deprive the customer of the legal guarantee which obliges the professional salesman to guarantee him against all the consequences of the latent defects of the sold thing. The customer is expressly informed that company LGA SAS is not the producer of the products presented within the Web site, within the meaning of the law n°98-389 of May 19, 1998 and relating to the liability for the defective products. Consequently, in the event of damage caused with a person or a good by a defect of the product, only the responsibility for the producer of this one could be required by the customer, on the basis of information being reproduced on the packing of the product.
Article 16: Right of retractation
The customer has a 10 business days deadline to return, paying the transport costs, the products not agreeing to him. This time runs as from the day of the delivery of the customer order. If this deadline expires one Saturday, one Sunday or a bank holiday or been unemployed, it is extended until the first next business day. Any return will have to be announced as a preliminary tor the Customer service of company LGA SAS:
- in priority by telephone to the 0033 (0) 4 94 29 04 99 of Monday at Friday of 9:00 to 18:00,
- by connecting you on our site in the heading Contact. The product will have to be returned to LGA SAS :
254, chemin de la Farlède
83500 La Seyne sur Mer
The products such as empty hard capsules, soft capsules and raw materials, must not be loosened, so that the customer can profit from the right of retractation. Only will be taken again the products returned as a whole, in their packing of origin complete and intact, and in a perfect state of resale. Every product that will have been damaged, or of which the packing of origin will have been deteriorated, neither will be refunded nor exchanged. This right of retractation is exerted without penalty, with the exception of the expenses of return. On the assumption of the exercise of the right of retractation, the customer has the choice to ask either for the refunding of the paid sums, or the exchange of the product. In the case of an exchange, the reforwarding will be done with the expenses of the customer.
In the event of exercise of the right of retractation, company LGA SAS will make all the efforts to refund the customer within 15 day. However, taking into account the technical character of the market products, this time could be enlarged at 30 days, in particular when the product needs a technical checking (cf. products having to be tested as a preliminary). The customer will then be refunded by recredit of his bank account (protected transaction) in the event of credit card payment, or by cheque in the other cases.
Article 17: Major force
None of the two parts will have failed in its contractual obligations, insofar as their execution is delayed, blocked or prevented by a fortuitous occurence or a major force. Will be regarded as fortuitous occurence or major force done everything or circumstances irresistible, external with the parts, unforeseeable, inevitable, independent of the will of the parts and which could not be prevented by these last, despite everything the reasonably possible efforts. The part touched by such circumstances will warn of it the other in the ten business days following the date on which it will have been informed of it. The two parts will approach then, within one month, except impossibility due to the case of major force, to examine the incidence it event and to be appropriate of the conditions under which the execution of the contract will be continued.If the case of absolute necessity has one duration higher than three months, the present general terms could be cancelled by the injured part. In way express, are regarded as case of major force or fortuitous occurences, in addition to those usually retained by the jurisprudence of the courses and the French courts: the blocking of the means of transport or provisioning, earthquakes, fires, storms, floods, the lightning; the stop of the telecommunication networks or difficulties specific to the external telecommunication networks with the customers.
Article 18: Not partial validation
If one or more stipulations of these general terms are held for nonvalid or are declared such pursuant to a law, of a payment or following a definite decision of a court of jurisdiction, the other stipulations will keep all their force and their range.
Article 19: Not renunciation
The fact for one of the parts of not prevailing itself of a failure by the other part with any of the obligations aimed under the present general terms could not be interpreted for the future as a renunciation of the obligation in question.
Article 20: Title
In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 21: Applicable law
The present general terms are subjected to the French law. It is thus for the rules of funds as for the rules of form. In the event of litigation or of complaint, the customer will apply in priority to company LGA SAS to obtain a friendly solution.
Article 22: Data processing and Freedoms
Information which is requested from the customer is necessary to the treatment of its order and could be communicated to the contractual partners of company LGA SAS intervening within the framework of the execution of this order. The customer can write at the company LGA SAS whose coordinates are within the privacy statement appearing in the framework of the Web site, to be opposed to such a communication, or to exert his rights of access, of correction in the connection of information relating to it and appearing in the files of company LGA SAS, in the conditions envisaged by the law of January 6, 1978.