Article 1: APPLICABILITY
These General Terms and Conditions of Sale shall be the basis for all contracts made by W Company (hereinafter: LOLA JAMES HARPER) with users via the online sale channel of the LOLA JAMES HARPER Onlineshop. The customer’s General Terms and Conditions of Sale shall not apply, even if they have not been expressly refuted.
W is a simplified joint stock Company whose registered office is located at 48 RUE TRUFFAUT 75017 PARIS, and registered in the Paris Trade and Companies Register under number 437 818 479.
Article 2: SCOPE OF APPLICATION AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale of LOLA JAMES HARPER define the rights and obligations of the parties in connection with the sale of products and services by LOLA JAMES HARPER to customers from the LOLA JAMES HARPER Site.
Any order placed from the LOLA JAMES HARPER Site implies full acceptance of the present Terms and Conditions.
Article 3: ORDERING TERMS AND CONDITIONS
The products or services are presented on the basis of a descriptive sheet allowing the customer to find out the selling price, the amount of delivery costs, the available delivery methods, as well as the description of the products and/or services offered for sale.
By clicking on the "validate and pay" button, during the Order process, the customer declares that he has read and accepted fully and without reservation all the General Terms and Conditions of Sale.
The order will only be final once the corresponding price has been paid in full.
LOLA JAMES HARPER will systematically confirm the order, then send it by e-mail.
Article 4: PRICE AND PAYMENT
All prices are in Euro and include VAT at the applicable statutory rate. The shipping costs shall be added.
Possible payment methods shall be displayed to the customer in the LOLA JAMES HARPER site.
If a credit card payment, credit transfer or direct debit is unpaid, revoked or returned, the bank charges thereby incurred by LOLA JAMES HARPER shall be borne by the customer.
Article 5: PRODUCT AVAILABILITY
In the event of total or partial unavailability of the product after placing the order, the customer will be informed by e-mail of the delivery of his order as soon as possible.
In accordance with the provisions of Articles L.216-2 and L.216-3 of the Consumer Code, in the event of unavailability of the product, the customer will then be reimbursed the price of the product ordered within 14 days of his request.
Article 6: REVOCATION INSTRUCTIONS AND FORM
If you are a consumer, you a have a revocation right in the cases provided for by law (Article L.221-5 of the Consumer Code) to which the following information applies.
Certain products and services listed in Article L 221-28 of the Consumer Code cannot be subject to a right of withdrawal on the part of the consumer.
You are entitled to withdraw from this contract within fourteen (14) days without giving any reason.
The deadline for withdrawal is fourteen (14) days from the date on which you or a third party designated by you who is not the carrier takes possession of the goods or in the event the contract is to deliver the goods in several part consignments or items from the date on which you or a third party designated by you who is not the carrier takes possession of the final part consignment or last item.
To exercise your revocation right, you need to send us
LOLA JAMES HARPER
48 RUE TRUFFAUT 75017 PARIS
19 rue Nollet, Paris 75017
an unequivocal statement (e.g. a letter sent by regular mail, a fax or an e-mail) expressing your decision to withdraw from this contract. You may, but are not obliged to, use the enclosed sample revocation form for this purpose.
The deadline for withdrawal shall be deemed complied with if you send notification expressing your desire to exercise the revocation right before expiry of the deadline for withdrawal.
Consequences of revocation
If you withdraw from this contract, we must refund all payments received from you, including the delivery costs (except for any additional costs that may have arisen if you chose a delivery method other than the most economical standard delivery method offered by us), without undue delay and at the latest within fourteen (14) days from the date on which we received notification regarding your withdrawal from the contract.
For this refund we will use the same method of payment as used by you in the original transaction, unless expressly agreed otherwise with you.
In no case will we charge any fees for refunding the payment. We may refuse to refund the payment until we have received the returned goods or until you have submitted proof of returning the goods, whichever event occurs first.
You must return or deliver the goods to
LOLA JAMES HARPER
19 Rue Nollet
without undue delay and in any case at the latest within fourteen (14) days of the date on which you notify us that you are withdrawing from this contract. The return period shall be deemed complied with if you send the goods before the fourteen (14) day period expires.
You are responsible for the direct costs of returning the goods to us.
You only need to pay for any loss in value of the goods if this loss in value is due to any handling of the goods by you that was not necessary to examine the nature, properties and functionality of the goods.
Article 7: DELIVERY
LOLA JAMES HARPER shall make no delivery until payment has been received or shall make delivery concurrently against payment.
The products will be sent to the delivery address indicated by the customer during the ordering process.
The amount of delivery charges varies according to the delivery method chosen by the customer, and country.
The delivery time depends on the country of destination.
The maximum delivery time is 30 working days from the date of ordering the product unless otherwise specified to the customer during the ordering process.
Delay or non-delivery
In the event of delay or non-delivery, because of temporary unavailability, LOLA JAMES HARPER will inform you of the date on which the product will be available again.
You then have the possibility to maintain your order with these new deadlines or to cancel it.
In the latter case, we undertake to refund you the missing items without delay and at the latest within 30 days in accordance with the provisions of Article L.121-20-3 of the Consumer Code.
Article 8: WARRANTIES
The consumer is informed that the products sold on LOLA JAMES HARPER website are subject to the legal warranty of conformity provided by articles L. 217-4, and following of the Consumer Code and the warranty against hidden defects provided by articles 1641 and following of the Civil Code.
Article 9: PERSONAL DATA
Article 10: APPLICABLE LAW- LITIGATION
These General Terms and Conditions of Sale shall be executed and interpreted in accordance with French law.
In the event of a dispute, the consumer will first contact LOLA JAMES HARPER to obtain an amicable solution.
Failing this, the French courts shall have sole competence.