1. Concerning these General Conditions of Sale
IDENTITY OF THE SELLER
ladygum.com (hereinafter referred to as “The Site”) is published by:
The company ZAZOU&DJANGO
SARL with share capital of 5,000 euros
Whose head office is located at:
3 RUE TANGUY PRIGENT - ZA DU BOIS BLANC
22950 TREGUEUX
Registered with the RCS of St Brieuc under number:
SIRET: 817 806 797 00012
Email: ladygumbijoux@gmail.com
Phone: 07 50 43 72 40
Please read these Terms and Conditions of Sale carefully. These Terms and Conditions of Sale apply to all orders placed through the website www.ladygum.com . Please note that before ordering any products or services, you will be asked to accept these Terms and Conditions of Sale. If you do not accept these Terms and Conditions of Sale, you will not be able to order any products or services through the website www.ladygum.com . Sales concluded through physical points of sale (such as our stores) or through third parties (such as authorized resellers) are not subject to these Terms and Conditions of Sale.
2. Update of these General Conditions of Sale
We reserve the right to modify the General Conditions of Sale at any time. Any new version of these General Conditions of Sale will take effect immediately on the date of publication and will govern all orders for products or services placed from that date. Any changes made to the General Conditions of Sale after you have placed an order will not impact that order or your relationship with us, except as required by applicable law.
3. Condition for purchase
Only natural persons (and not legal entities) who (a) have reached the age of legal majority required to enter into contracts; (b) have the legal capacity to enter into contracts; and (c) use a shipping address in the country(ies) we serve may order products through the website wwww.ladygum.com . If you are under the age of legal majority or for any other reason do not have the legal capacity to enter into contracts, your parent or guardian will need to place your order on your behalf and will be asked to accept these Terms and Conditions of Sale.
By placing an order through the website www.ladygum.com , you represent and warrant that you are a bona fide customer and end user making a purchase for your own use or the personal use of a third party, and that you will not deliver, sell or otherwise distribute our products, or purchase our products or services for commercial purposes. Before shipping the order and in order to prevent fraud, we reserve the right to ask you for proof of address and identity. In the absence of these or if the documents provided do not allow us to identify the author of the order, we would be obliged to cancel the order.
Article 1. Products
1.1 Descriptions and photographs
Although we have taken all reasonable steps to represent as accurately as possible the Product(s), through the photographs and other images reproduced on our website www.ladygum.com , some items, due to screen resolution or photographic technique, may appear slightly larger or smaller than their actual size. Other items may be represented at a larger size than their actual size to accurately show every detail of the Product(s), or at a smaller size in order to see the entire item. In addition, the details (such as color, patterns, texture, etc.) that you see also depend on your screen and may, for this reason, not reflect the exact detail of the Product you receive. However, SARL Zazou et Django undertakes to ensure that the photographic representation of the products on the site is as faithful as possible to the product.
1.2 Availability
Products are offered while stocks last.
We reserve the right to refuse any order of more than five copies of the same item.
Product offers are valid as long as the products are visible on the site, within the limits of available stocks, excluding promotional operations.
In case of unavailability of an ordered product, we will inform you by email and/or telephone and we can offer you an item of equivalent quality and price. If you refuse this replacement item, we will automatically cancel your order and you will be refunded, if your bank account has been debited, at the latest within 15 days following the payment of your order.
Article 2. Orders
2.1 Order process
To select the products you wish to purchase, you must click on the "Add to Cart" button on the product sheet. The product is then automatically added to your Cart and you can continue your visit to the Site and add other products. By clicking on "View my cart" you have the possibility to check the contents of the cart as well as the price and characteristics of the products added and to remove one or more products. You can then finalize the order by clicking on "Validate my cart".
You will need to create a personal account or, if applicable, log in to your existing staff account to be able to place an order.
To finalize your order, you must then accept these General Terms and Conditions of Sale as well as the Privacy Policy of the website www.ladygum.com by checking the box provided for this purpose and then confirm your order by clicking on the button "Proceed to payment". You will then have to check all the information and choose the payment method of your choice (see 3.2 Payment methods). The last click "Confirm my payment" materializes your definitive consent and commits you to pay the amount of the order placed on the website www.ladygum.com .
2.2 Confirmation of the order
Any order will only be deemed validated after acceptance of payment.
We reserve the right, in our sole discretion, to refuse, cancel or terminate orders at any time for reasonable reasons. For example, we may refuse, terminate or cancel your order if there is an ongoing dispute regarding payment of a previous order or if we suspect, in our sole discretion, that you have engaged in (i) fraudulent activity; or (ii) any other violation of these Terms and Conditions.
We also reserve the right to cancel all or part of an order in the event of failure of one of our suppliers as well as in the event of force majeure. We will notify you as soon as we become aware of it and will refund any sum you have already paid in relation to the order or part of the order cancelled.
As soon as we validate your order, you will receive confirmation of your order by sending an email to the address indicated during the ordering process and as soon as possible.
2.3 Modification and cancellation of the order
For technical reasons specific to distance selling, it is not possible to modify or cancel the order. We therefore invite you to exercise your right of withdrawal upon receipt of the order.
Below you will find a model withdrawal form, to cut out and return to us at the address written above:
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To the attention of |
2.4 Order tracking
Upon receipt of the email sent by the company SARL Zazou et Django, represented by the brand LadyGum ® , you can follow the progress of your order and delivery by clicking on the buttons "My account" then "My orders". You can also follow the information of your order via the link inserted in the email received confirming your order.
Article 3. Payment
3.1 Price of products
The applicable price, indicated in euros and including all taxes (TTC), is mentioned on the Product page of the website www.ladygum.com, as well as in the “Basket” and the “Order Confirmation”.
The applicable currency will be updated according to the delivery destination after you have provided us with the delivery address and will be mentioned on your shopping cart before you place your order. You should carefully check the updated prices as well as the applicable currency.
The price does not include any possible delivery costs or additional costs, which will be indicated to you before confirming the order and invoiced in addition.
The sale price of the product is the one in effect on the day of the order. We reserve the right to modify the prices at any time, while guaranteeing the application of the price in effect on the day of the order.
In accordance with Article L.221-14 of the Consumer Code, you are informed and acknowledge that by placing an order on the website www.ladygum.com, you agree to pay the full amount of the order and declare that you have the capacity and means necessary to honor it.
The products ordered remain our full property until full payment of the order amount (including delivery costs).
3.2 Payment terms
Payment for products will be made in a 100% secure manner:
- by credit card (Visa, MasterCard or Carte Bleue): the amount of your order is then debited at the same time. The order registration date is the same as the online payment.
- by Paypal: the amount of your order is then debited at the same time. The order registration date is the same as the online payment.
Any order with payment by credit card is only considered effective when the relevant payment centers have given their agreement. In order to ensure the security of payments, the data is encrypted and transmitted by the SSL protocol upstream of the payment platform.
For card payments, credit and debit cardholders may be subject to authorisation and authentication. If your payment card issuer or service provider refuses to authorise or validate the payment, or for any reason does not authorise or validate the payment, we will not be liable for any delay or non-delivery of the Product(s) you have ordered resulting from this.
By providing us with the necessary information, you expressly authorize us to transmit, or obtain from third parties, information about you, including, without limitation, your name, address, telephone number, credit or debit card number or creditworthiness certificate, in order to verify your identity and the delivery address of the Product(s), to validate your card payment and to obtain authorizations for your payment of the Product(s). To know your rights regarding your personal information, please consult our Privacy Policy .
3.3 Delivery
The products are delivered in their black organza pouch stamped with the LadyGum ® brand. During sales periods and other commercial operations, the company reserves the right to suspend the organza pouching, due to the greater number of orders to be processed. It will nevertheless be available in the package.
The products will be delivered to the address indicated during the order process. The average delivery time includes:
- Orders are processed from Monday to Friday (except public holidays), within 24 to 48 hours. At certain times (particularly during sales and other commercial operations), the processing time may be longer due to the greater number of orders to be processed.
- The transport times practiced by the carriers.
In fact, the delivery time, including preparation and transport, is understood to be a period of 3 to 8 working days depending on the chosen carrier and the chosen delivery country.
Orders are only delivered to a physical address and cannot be delivered to a PO box.
If delivery of the products is delayed by an event beyond our control, we will inform you as soon as possible, set a new delivery date and use all reasonable efforts to minimise the consequences of the delay. If we do not deliver to you within seven days of the expected date, you have the option of cancelling your order and obtaining a refund of the sums you have paid us as a deposit for all the products you have not received. However, if you received the product subject to the cancelled order after cancellation, we will refund the product and the return costs, upon receipt by us, complete and in its original condition, as soon as possible and at the latest within fifteen days of the return.
In any event, your right to cancel an order and receive a refund of any amounts you have paid to us on account for any products you have not received is your sole remedy if we fail to deliver the order in question.
Orders are shipped from France. For deliveries outside the European Union, customs fees or taxes applicable to the Customer may be applied depending on the country.
Article 4. Right of withdrawal
4.1 Time limit and conditions
4.1.1 Legal deadline
You have a period of fourteen days from the date of receipt of the order by you or by a third party designated by you (other than the carrier) to inform us of your wish to exercise your legal right of withdrawal, without having to justify a reason. You have a period of 14 days from the sending of your withdrawal to send the products.
4.1.2 Contractual deadline
We offer you the possibility to exercise your right of withdrawal within a period of thirty days from the date of receipt of the order by you or by a third party designated by you (other than the carrier) to inform us of your wish to exercise your legal right of withdrawal, without having to provide a reason.
You have 14 days from the date of sending your withdrawal to send the products.
4.2 Terms of exercise of the legal right of withdrawal:
To exercise your right of withdrawal, before your order is shipped, you must, within the time limit, inform us of your decision to withdraw by sending us an email to support ladygumbijoux@gmail.com or any declaration on paper expressing your wish to withdraw by indicating your surname, first name, address and order number, as well as the references of the products you wish to return.
ZAZOU ET DJANGO Company - LadyGum brand
3 RUE TANGUY PRIGENT - ZA DU BOIS BLANC
22950 TREGUEUX
4.3 Exchange or refund
If you exercise your right of withdrawal within the aforementioned period, we will offer you a refund.
The refund of the price of the returned products as well as the delivery costs, within the limit of a standard delivery, will be made according to the payment methods chosen when ordering, namely reimbursement to your bank card or your Paypal account. The refund will be made at the latest within fourteen days from receipt of the returned item.
4.4 Exclusion of the right of withdrawal
The following are excluded from any warranty:
– Improper use and maintenance as well as faults in use or maintenance.
– Damage due to handling error, improper or abnormal use, intentional or accidental physical modification, use for professional or commercial purposes.
– Damage due to an external event (lightning, water damage, etc.).
– Interventions carried out on the jewel by any person not authorized by the After-Sales Service as well as deterioration resulting from such intervention.
Article 5. Guarantees – Liability of the Seller
5.1 Warranty
The Products sold on the site www.ladygum.com comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with legal provisions,
- the legal guarantee of conformity, for Products which are apparently defective, damaged or damaged or do not correspond to the order,
- the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,
under the conditions and according to the terms and conditions referred to in the box below and defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
It is recalled that within the framework of the legal guarantee of conformity:
- You benefit from a period of two years from delivery of the goods;
- In the event of a manifest defect in the product ordered, a replacement will be offered to you, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code ; If replacement of the product is impossible, you may obtain a refund for the products.
- You are exempt from providing proof of the existence of the lack of conformity of the Product during the six months following delivery of the Product. This period is extended to 24 months from March 18, 2016.
You may decide to implement the warranty against hidden defects of the Product, in accordance with Article 1641 of the Civil Code. In this case, you may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
5.2 Liability
We cannot be held liable in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is your responsibility to check,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on your part, as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.
Article 6. Intellectual property
The content of the website www.ladygum.com is the property of the company SARL Zazou et Django 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 may constitute an infringement of copyright.
In addition, SARL Zazou et Django remains the owner of all intellectual property rights to photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Client) for the purpose of providing the Services to the Client. Any reproduction or exploitation of said studies, drawings, models and prototypes, etc., is prohibited without the express, written and prior authorization of SARL Zazou et Django, which may make it conditional on financial compensation.
Article 7. Data protection and freedoms
Our website www.ladygum.com is designed to be attentive to your needs. This is among other reasons why we use cookies to identify you and access your account, manage your shopping cart and remember your consultations.
A cookie is a record of information that we place on your computer: its purpose is to simplify your navigation on our site. It cannot contain viruses. It memorizes the items in your shopping cart before you continue your purchases.
Some cookies are set by Google Analytics, which we have chosen as a trusted partner.
You can choose to disable these cookies at any time. If your browser is configured to refuse cookies, you will not be able to make purchases.
Article 8. Customer Service
For any information or questions, our customer service is at your disposal at www.ladygum.com
You can also contact Customer Service by post at the following address:
ZAZOU AND DJANGO SARL
3 RUE TANGUY PRIGENT - ZA DU BOIS BLANC
22950 TREGUEUX
Article 9. Applicable law and disputes
These General Conditions of Sale and the operations resulting from them are governed by and subject to French law.
These General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.
All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their follow-ups and which could not have been resolved amicably between the parties will be submitted to the competent courts under the conditions of common law.
We inform you that you can in any event resort to conventional mediation, in particular with the Consumer Mediation Commission ( C. consom. art. L 612-1 ) or with existing sectoral mediation bodies, the references of which appear on the website www.medicys.fr or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
We inform you that the European Commission has also set up a dispute resolution platform allowing you to lodge a complaint accessible at the following address: ec.europa.eu/consumers
Article 10. Archiving-proof
We archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy.
Our computerized records are considered by the parties as proof of communications, orders, payments and transactions between the parties. The company SARL Zazou et Django undertakes to keep the contract at your disposal for a period of 10 years from its conclusion.
Article 11. Buyer's Acceptance
These general terms and conditions of sale as well as the rates and scales concerning discounts, rebates and rebates attached hereto are expressly approved and accepted by the buyer, who declares and acknowledges having perfect knowledge of them, and therefore waives the right to rely on any contradictory document and, in particular, his own general terms and conditions of purchase.
ANNEX 1 - Provisions relating to legal guarantees
Article L.217-4 of the Consumer Code
The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed in his charge by the contract or has been carried out under his responsibility.
Article L.217-5 of the Consumer Code
To comply with the contract, the property must:
- Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling
- Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L.217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L.217-16 of the Consumer Code
When the buyer requests the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is liable for the warranty against hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.