The present general conditions of sale are concluded between the company Lo Mark. Sole proprietorship to the micro-entreprise tax regime.Head office : 6 bis rue D’Auteuil 75016, Paris. SIRET: 53146342000020. Hereinafter referred to as “The Seller” And: Anyone wishing to make a purchase through the Seller’s website, at https://www.lo-mark.com Hereinafter referred to as “The Client” The Customer hereby expressly declares that he is an individual, natural person, non-professional or merchant, that he is of age or holds parental authorization and that he has the full legal capacity to contract and to perform an online order on the website https://www.lo-mark.com The customer acknowledges that any validated order implies irrevocable adhesion to these General Terms of Sale. The Seller reserves the right to modify these Terms and Conditions at any time. It is, however, agreed that the conditions applicable to the Customer will be those in force on the date of his order on the site. The general terms and conditions described below detail the rights and obligations of Lo Mark and his client in connection with the sale of the goods. For any question relating to an online purchase, the Customer can reach the Customer Service by mail to the following address: [email protected]
Article 1. Validation of the order on the site
Customers wishing to place an order on the Seller’s site must:
– Select products on the site.
– Validate the Basket.
– Create an account by filling in the information requested on the site (last name, first name, postal address, email address, telephone number).
– Validate the order and the delivery method.
– Choose and validate the payment method.
It is the Customer’s responsibility to ensure the accuracy of the information provided, for which he is solely responsible.
The validation email sent to the Customer confirms the Seller’s acceptance of the Customer’s order and confirms the formation of the sales contract between the parties.
Article 2. Products – Availability
The products offered are presented on the Seller’s website.
The articles are described and presented by photographs with the greatest possible accuracy. The Customer acknowledges and agrees that the items delivered to him may present minimal differences from their presentation photograph.
The products displayed on the site are in principle deemed to be available in stock at the same time. This availability a priori is controlled after the order has been accepted as payment.
In case of unavailability of the product, the Seller will inform the Customer by email as soon as possible. The Customer will then have the possibility to obtain the refund, within 30 days of the payment of the sums he has paid. Or an exchange of the unavailable product against another product in stock.
Article 3. Price
The prices indicated on the site at the time of the order are denominated in Euros TTC, according to the VAT at the rate in force on the day of the order. Any change of rate will be reflected without delay on the price of the products offered. The Seller reserves the right to modify its prices at any time, it being understood that the prices presented on the day of the order will be the prices applicable to the Customer. The invoicing of the transport obeys a rule of calculation taking into account the destination on the one hand and the weight of the parcel on the other hand. The calculation of shipping costs is done after the postal code filled in on the delivery address and before the validation of the order for the Customer. The shipping costs offered are valid only within the framework of a shipment in Metropolitan France, Switzerland and the EU.
Article 4. Payment
The order can be set by the following means: – Credit card (Carte Bleue, Visa, Eurocard, Mastercard accepted in France), with Stripe. – By Paypal. The choice of these payments is the tacit acceptance of the terms and conditions of sale and use of the Partners. An invoice showing the VAT will be sent by the Seller to the Customer on request.
Article 5. Delivery
Seller delivers in Europe (European Union and Switzerland) and USA ( for others countries please contact us) All products sold will be delivered to the address indicated by the Customer for this purpose. In the event of a typing error, including an incorrect or incomplete delivery address, the Seller can not be held responsible for the consequences in terms of delay or impossibility of delivery. All costs related to the redirection due to an error of seizure of the Customer will be charged to the latter. The Seller reserves the right to choose the most suitable mode of transport. Delivery in Colissimo or relay parcels for France and Europe. The shipping costs are offered from 150€ for Metropolitan France, Corsica, Monaco, Andorra and for the countries of the European Union and Switzerland.* The delivery time is an average time corresponding to the service used. In case of absence, the Customer will be responsible for recovering the product from the departments concerned. Delivery times are given as an indication, these depend on the availability of goods and the order of arrival orders. Late delivery can not give rise to any late penalty or compensation, nor motivate the cancellation of the order. The transfer of risk on the goods sold is carried out at the delivery of the goods to the carrier or at the exit of our premises. It follows that the goods travel at the risk and peril of the buyer, to which he belongs, in case of damage, loss or missing, to make any reservation or exercise any recourse to the carriers responsible, in accordance with the Article L.133-3 of the French Commercial Code. If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reserve on the delivery note (package refused because open or damaged). The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products …). This check is considered to have been made once the buyer, or a person authorized by him, has signed the delivery note. The buyer must then confirm by registered mail these reservations to the carrier no later than two working days after receipt of the item (s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the mentions legal notice. If the products need to be returned to the seller, they must be the subject of a return request from the seller within 14 days of delivery. Any complaint formulated outside this period can not be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions …). * Outside these countries the shipping costs are in charge of the Customer according to the routing areas. * International orders (outside EU) will be sent by Colissimo. All taxes and additional customs duties are the Customer’s responsibility.
Article 6. Right of withdrawal
In accordance with the provisions of Article L.121-21 of the Consumer Code, the Customer has a period of 14 days to assert his right of withdrawal, without having to justify a reason.
The customer must inform the Seller of its decision by sending an email to [email protected] The return must be done by post, colissimo.
Products received beyond 14 days will not be refunded and will be returned to the delivery address.
The returned product must be returned in a condition allowing its immediate resale, new, unworn and unwashed. The product must be provided with all the notices and various accessories with which it was delivered and in its original packaging. The seller reserves the right to refuse the refund of the product if all these conditions were not met.
The refund will be provided by the Seller, according to the means of payment of his choice, within a maximum period of 30 days from the date on which the Customer has exercised his right.
The customer will have 3 days from the date on which he wishes to retract to return the product to the following address:
Lo Mark – Lorena Mark Schvartz
6, rue d’Auteuil, Paris 75016
Return shipping costs are the responsibility of the Seller unless the products of the same order are returned in several times, or the order is delivered outside France, Corsica, Monaco, Andorra, Switzerland or EU. *
The seller reserves the right to refuse to reimburse the additional delivery costs incurred by a more expensive mode of delivery expressly chosen by the Customer whereas the Seller had proposed a standard delivery method.
* Outside these countries, the return costs are borne by the Customer.
Article 7. Claim on the order
The Customer benefits from the product conformity guarantee. You can return a product with a defect or quality problem. 7.1 Legal warranty of conformity of Products and guarantee of hidden defects All Products benefit from the legal guarantee of conformity (articles L.217-4 and following of the Code of Consumption) and the guarantee against latent defects (articles 1641 and following of the Civil Code), allowing in particular the Customer to send back to Lo Mark Products delivered defective or non-compliant. – Article L.217-4 of the Consumer Code: “The seller delivers a good in accordance with the contract and responds to defects of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility. ” – Article L.217-5 of the Consumer Code: “The property conforms to the contract: 1 ° If it is fit for the customary use of a similar good and, where applicable: – if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model; – it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted. ” – Article L.217-12 of the Consumer Code: “The action resulting from lack of conformity is prescribed by two years from the delivery of the goods. ” – Article 1641 of the Civil Code: “The seller is bound by the guarantee for reasons of hidden defects of the thing sold which make it unfit for the use for which it is intended, or which reduce so much this use, that the buyer does not would not have acquired, or would have given a lower price, had he known them. ” – Article 1648 paragraph 1 of the Civil Code: “The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect. ” It is reminded that in the context of the legal guarantee of conformity, the Customer: – has a period of two years from delivery of the goods to act vis-à-vis the seller; – may choose between the repair or replacement of the property, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code; – is exempted from reporting the proof of the lack of conformity of the good during the six months following the delivery of the good. This period is extended to 24 months from March 18, 2016, except for second-hand goods. The legal guarantee of conformity applies regardless of the commercial guarantee that may cover your property. It is recalled that the Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he may choose between the resolution of the sale or a reduction the selling price in accordance with article 1644 of the Civil Code. In the event of delivery to the Customer of a Product that does not comply with the order or that reveals or reveals a latent defect, the Customer must return the Product to Lo Mark, as follows: -Back of the product by postal way. First, contact Lo Mark customer service by email at [email protected] so that Lo Mark can, if necessary, send him a packing slip (prepaid return charge). Upon receipt of the packing slip, the Customer must send the Product (s) to be returned to the address below: Lo Mark Lorena Mark Schvartz 6, rue d’Auteuil 75016 Paris In this respect, it is the Customer’s responsibility to provide proof of this return. The Customer may ask Lo Mark: The refund of the price of the ordered Product. This refund will be made within a period of fifteen (15) days from the receipt by Lo Mark of the returned Product, by credit to the bank account of the Customer used to pay the order or by the PayPal account if the order has been paid via PayPal. Lo Mark will refund the returned Product at the invoice price. In any case, these provisions do not deprive the Customer of the possibility of exercising his right of withdrawal.
Article 8. Liability
The Seller’s liability can not be held liable for any inconvenience or damage arising from the use of the Internet, including a break in service, external intrusion or the presence of computer viruses. The seller will not be responsible in the case where the order would not succeed or if it was prevented from respecting its obligations in particular in case of inclement weather preventing the delivery of the order.
Article 9. Intellectual Property
All elements of the site, including graphics, sound, text, videos including the underlying technology and the presentation of products, are the exclusive property of the Seller.
As such, only the use for private use is permitted. Any total or partial reproduction of the site is strictly prohibited unless express written agreement and prior.
The mark Lo Mark Knitwear was the subject of a deposit with the INPI (mark n ° 194550761). Consequently, any reproduction of this mark not authorized by the seller, constitutes an act of counterfeit liable to criminal and civil proceedings.
Article 10. Computer Provisions
The personal and confidential data that the user informs when he is on the Seller’s site are strictly necessary for the processing of his account, the use of the service, the needs of the technical support, the proper functioning and the improvement of the Service. The processing of information communicated through the website has been declared to the CNIL. The Customer is informed that its data is subject to processing allowing the Seller to offer the various services of the site. In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, the user has the right to access, modify, rectify or delete his collected data by contacting the Seller by email or post. The Seller certifies to the Customer that his data are stored on the territory of the European Union, and more specifically in France. The data is not communicated to third parties. The customer is informed that his information is kept for the legal period, ie 1 year.
Article 11. Evidence
The computerized records stored in Seller’s computer systems under reasonable security conditions, will be considered as evidence of communications, orders and payments between the parties.
Article 12. Intégralité et durée
Si une des clauses du présent contrat serait déclarée nulle par un changement de législation, de réglementation ou par une décision de justice, les autres stipulations garderont la validité.
Les présentes CGV s’appliquent pendant toute la durée de mise en ligne des services et produits offerts par le Vendeur.
Article 13. Applicable law and jurisdiction
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 would prevail in the event of a dispute.
In case of dispute, the Seller and the Customer will attempt to resolve it amicably. Any customer can send a written request to the Seller, who will do his utmost to solve it. If the amicable attempt fails, a request to a mediator must be addressed within one year from the amicable complaint, you can address the platform for resolution of disputes put online by the European Commission: https://ec.europa.eu/consumers/odr/
Article 14. Customer Service
** At the moment we deliver only in European Union (Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, France, Greece , Hungary, Ireland, Italy, Lithuania, Latvia, Luxembourg, Malta, the Netherlands, Poland, Portugal, the Czech Republic, Romania, the United Kingdom, Slovakia, Slovenia and Sweden.),Switzerland ans USA
To be completed by the consumer and to be sent by registered letter with acknowledgment of receipt, within the maximum period of 14 days following the date of conclusion of the service contract.