General Terms and Conditions of Sale (GTC)

Preamble

Please read carefully these General Terms and Conditions of Sale on www.lugoparis.com.

1. Identification of the seller

These General Terms and Conditions of Sale are those of LUGO, a simplified joint stock company with a share capital of €4,500, whose registered office is located at 128, rue de la Boétie - 75008 PARIS - France, registered in the Paris Trade and Companies Register under number 851424200. Its Siret number is 85142420000018 and its intra-community VAT number is FR3385142424200. His telephone number is +33 (0)6 58 37 37 45 93.

2. Scope and acceptance of the General Terms and Conditions of Sale

The purchase of products offered on the website www.lugoparis.com is subject to these general terms and conditions of sale ("General Terms and Conditions of Sale").

The site allows LUGO SAS to order a selection of LUGO brand products online via the Internet.

LUGO products are exclusively intended to be sold to end consumers who are natural or legal persons, excluding any resellers or intermediaries acting on behalf of resellers. Consequently, the customer affirms that he is acting as an end consumer and that he does not intend to resell the LUGO products for commercial purposes; he certifies that he has the legal capacity to enter into the commitments provided for herein.

LUGO may update these General Terms and Conditions of Sale at any time. You can read the current version of the General Terms and Conditions of Sale at any time by going to the "General Terms and Conditions of Sale" section of the website. The General Terms and Conditions of Sale in force at the time of conclusion of the sales contract are those that are enforceable against you.

In addition, each time you purchase products on the site, you will be asked to confirm your acceptance of these General Terms and Conditions of Sale in effect on the date of placing your order. These general terms and conditions can be viewed before and at the time you are asked to confirm that you accept them. To materialize your acceptance, you will need to check the box "I accept the General Terms and Conditions of lugoparis.com".

3. How to Order

The site allows you to order a selection of products from LUGO SAS, immediately online via the Internet for withdrawal or delivery to the territories specified in article 8.1 "Delivery and withdrawal zone").

You can also order by phone at +33 (0)6 58 37 37 45 93, Monday to Sunday, from 8am to 10pm.

The site allows you to place special orders which consist in particular in the creation of a product that does not exist or no longer exists in the LUGO collection, or in the adaptation or customization of a product from the LUGO collections, and in the manufacture of the latter by LUGO SAS. These General Terms and Conditions of Sale do not apply to special orders. For any special orders, please contact our Customer Service by phone at +33 (0)6 58 37 45 93, Monday to Sunday, from 8am to 10pm.

4. Product Availability

Our product offers and prices are valid as long as they are visible on the site, within the limits of available stocks. Errors or modifications may exceptionally exist, particularly in the case of simultaneous orders for the same product by several customers. In the event of unavailability of a product after placing your order, we will inform you by e-mail or telephone as soon as possible, offering you either to order another product presented on the site in replacement, or to cancel your order.

LUGO is not liable in the event of stock shortage or unavailability of products for orders not yet accepted by LUGO.

LUGO reserves the right to change the products offered on the site at any time and without notice. In order to ensure a better quality of service and availability of our products to all customers of the site, LUGO reserves the right to limit the quantity of products that can be purchased by a customer, in accordance with the provisions applicable in this regard and in particular those of Article L121-11 of the French Consumer Code.

5. Ordering procedure

5.1. Product selection

At any time, you can add products to your selection by clicking on "Add to cart", and choose to complete your purchases or continue your navigation.

You can consult your selection by clicking on "Shopping Cart" in the menu on the top right where you will see: product photos, colours and references, value and subtotal of the selection. 

5.2. Ordering

After selecting the product(s), click on "Finish shopping" to start the ordering process.

5.3. Validation of the order

5.3.a) Validation of the delivery method

You must first confirm that you have read our delivery policy and then complete the delivery and invoicing information necessary for the proper dispatch of your order: first name, surname, telephone, e-mail, delivery address.

Once this step is complete, click on "Continue" to enter the payment information.

5.3.b) Validation of the payment method and payment of the order

You can use your delivery address as your billing address or enter another one. You will then be asked to enter the payment information.

At the end of the ordering process described above and after having accepted all of these General Terms and Conditions of Sale and Use and the Site Privacy Policy, click on the "Pay by Card" button. The sales contract will then be definitively formed.

You must check the accuracy of your selection before confirming your order. While every effort is made to ensure that the colour and design of the products whose photos are displayed on the site are faithful to the original products, variations may occur, particularly due to the technical limitations of colour rendering on your computer equipment. Consequently, LUGO cannot be held liable for non-substantial errors or inaccuracies in the photographs or graphic representations of the products appearing on the site. If you have any questions about the products, you can of course contact our Customer Service.

For more information about payment methods (currency, accepted payment methods etc.), please refer to the article below "6. Prices - Means of Payment accepted".

Once completed, your order is sent to LUGO for processing.

LUGO reserves the right not to accept an order from a customer with whom it is in dispute for a previous order, or if LUGO reasonably believes that the customer has violated these Terms and Conditions or has engaged in fraudulent activity, or for any other legitimate reason.

5.3.c) Confirmation of the order

A summary of your order will then be sent to you by e-mail. The acknowledgement of receipt will include the total amount of the order, information on cost and delivery time, essential characteristics, quantity and price of the products purchased.

We recommend that you keep this acknowledgement of receipt on paper or electronic media.

Pursuant to Article L213-1 of the Consumer Code, when an order is for an amount equal to or greater than 120 Euros, LUGO keeps the written record of the contract concluded between LUGO and a customer by electronic means for a period running from the conclusion of the contract until the date of delivery of the goods and for a period of ten years from that date (in accordance with Decree 2005-137 of 16 February 2005). You can then access this document at any time, upon request to Customer Service by phone at +33(0)6 58 37 45 93, Monday to Sunday, from 8am to 10pm, or by e-mail by clicking on the "Contact Us" link; and proof of your identity.

6. Prices - Accepted means of payment

6.1. Prices

The prices of the products are indicated in Euros, all taxes included. Except in the case of refunds made (i) as part of the exercise of the right of withdrawal or (ii) for lack of conformity and hidden defects, LUGO will not refund the VAT applied on purchases made on the site (even in the case where the buyer, after receipt, re-ships the products to a third country to the European Union).

LUGO reserves the right to modify at any time and without notice the prices of the products offered on the site. The products are invoiced on the basis of the prices displayed on the site at the time of placing your order, subject to the availability of the products ordered at that time.

All orders are payable in Euros and must be paid immediately at the time of placing your order. In the event of unavailability of certain ordered products (see article 3 "Product Availability"), only the price and shipping costs relating to the available products will be charged.

6.2. Accepted payment methods

Payment by credit card or bank card

The accepted credit cards and bank cards are: Visa®, MasterCard®, American Express®. Credit card payments are authenticated and secured thanks to the 3D Secure system. This device is also known as "Verified by Visa®", "MasterCard® SecureCode" or "American Express SafeKey®". When paying, the bank requests personal information from the Internet user in order to verify the identity of the cardholder and validate the transaction.

How to pay with 3D Secure on www.lugoparis.com? 

After validating your bank details (card number, expiry date and cryptogram), a new page will appear on which you will have to enter the personal information requested by your bank. This information can be:

- the answer to a personal question;

- a password you have chosen in advance;

- a code sent by SMS,

- your date of birth....

Once the 3D Secure code has been entered and validated by your bank, your order is finalized. You will then receive a confirmation email.

Authentication is specific to each bank. If you have any questions about your 3D Secure code, please contact your bank directly.

Your order will only be dispatched after verification of your payment method and receipt of your card's debit authorization.

Your account will be debited when your order is shipped.

7. Retention of title

The ordered products remain the property of LUGO until LUGO has received the full price.

On the other hand, you assume the risks (in particular of loss, theft or damage) concerning the products delivered as from the moment they are delivered to the address indicated at the time of ordering.

8. Delivery and collection terms and conditions

8.1. Delivery and pick-up area and delivery amount

Products purchased on the site can only be delivered to the United Kingdom (excluding the Channel Islands), metropolitan France including the island of Corsica (excluding Guadeloupe, Martinique, French Guiana, Reunion Island, Mayotte, New Caledonia and the French Southern and Antarctic Territories), in the Principality of Monaco, in Germany (excluding the island of Helgoland and the territory of Busingen), in Belgium, Luxembourg, the Netherlands (excluding the Netherlands Antilles and Aruba), in Spain (excluding the Canary Islands, Ceuta and Melilla), Portugal (excluding the Azores and Madeira Islands), Italy (excluding Livigno, Campione d'Italia and the national waters of Lake Lugano), Ireland, Austria, the Czech Republic, Finland (excluding the Aland Islands), Denmark, Sweden, Poland, Japan, China, Turkey, Switzerland, Hong Kong, Mexico and the United States (hereinafter the "Delivery Area").

It is impossible to place an order for any delivery address outside this delivery area. For reasons such as security, LUGO will not process any orders for which a remaining post office, a post office box is provided.

The products are shipped to the delivery address you indicated during the ordering process. 

The amount of shipping costs is offered by LUGO.

8.2. Delivery and collection times

Delivery times run from the confirmation of the order received by email. Delivery times vary according to our request, our products being handmade. However, LUGO undertakes to deliver within a maximum period of 3 months. 

If you have any questions, please contact our Customer Service.

9. Delivery problems

Any defect or delay in delivery, exceeding the delivery times mentioned in article 8.3 must be reported to our Customer Service as soon as possible. Any claim made after thirty (30) calendar days after the date of validation of your order cannot be taken into account.

In the event of non-compliance with the delivery time, you can cancel the order, simply by e-mail or registered letter to the following address:

LUGO / www.lugoparis.com
128 de la Boétie Street
75008 PARIS
France

LUGO will then be required to reimburse you for all amounts paid, at the latest within fourteen (14) days following the date of termination of the sales contract. If you nevertheless receive the product after using this option, you must return it in accordance with the return procedures provided for in Article 9 below.

You must check the conformity of the products at the time of delivery and indicate, if possible on the delivery note, in the form of handwritten reservations accompanied by your signature any anomalies noted (open package, damaged product etc.).

You must then contact Customer Service by e-mail, by clicking on the "Contact Us" link, or by phone at +33 (0)6 58 37 45 93, Monday to Sunday, from 8am to 10pm. In the event of non-conformity of the products purchased or if they do not give you satisfaction, you can return them or request an exchange or refund under the conditions provided for in article "9. Right of withdrawal - returns, exchanges, refunds".

10. Right of withdrawal

10.1. Right and withdrawal period

You have a legal right of withdrawal that you can exercise under the conditions provided for in Articles L221-18 and L221-20 of the Consumer Code, if you meet the conditions set out in these provisions, without having to justify any reasons and without having to pay any penalties.

LUGO's general return policy (for refund or exchange requests) allows you to withdraw within thirty (30) days of the date of delivery of the products, without having to justify any reasons and without having to pay any penalty. After this period, you will no longer be able to exercise your right of withdrawal.

10.2. Procedures for exercising the right of withdrawal

If desired, the customer may use the model withdrawal form available as an appendix to these General Terms and Conditions of Sale. 

You may, before the expiry of the 30-day withdrawal period mentioned above, send any other unambiguous statement expressing your intention to withdraw to the following address:

LUGO 
128 de la Boétie Street
75008 - PARIS
France

10.3 Consequence of the right of withdrawal

As part of the exercise of the right of withdrawal or in the event of non-compliance of the product, you may return the purchased product(s) by requesting an exchange or refund under the conditions described in Article 10 below.

11. Return, exchange and refund procedures

From the website www.lugoparis.com

11.a) Free return procedure

As part of the exercise of the right of withdrawal, the products must be returned in their original condition and packaging (the box and if possible the shipping carton), accompanied by their purchase invoice or a copy in case of partial return.

The return of a product, in the event of an exchange or refund request, is free of charge. To do so, you must return the product(s) to us via our carrier, within a maximum of thirty (30) days from the date of your declaration of withdrawal. For more information, contact our Customer Service on +33 (0)6 58 37 45 93, Monday to Sunday, from 8am to 10pm.

You will then be able to return your package within a maximum of thirty (30) days to the following address:

LUGO

128 de la Boétie Street

75008 - PARIS

France

In this case, we advise you to take out the insurance offered by your carrier. LUGO will not be liable in the event of loss, misplacement or late delivery of a product that you wish to return to the site, insofar as the risks of the transport you choose and initiate are solely yours.

LUGO undertakes to reimburse you for the standard delivery costs, including tracking the package. For this purpose it will be necessary to insert in your return package the delivery invoice indicating the tracking number of the package.

In the event of an exchange, the standard delivery costs of the first order will be refunded and the costs of the second delivery will be invoiced according to the delivery method chosen.

Under no circumstances will it be possible to assign you an electronic credit note that can be used on the site.

11. b) Exchange

In case of an exchange request, please specify in the dedicated field the product(s) you wish to receive in exchange for your order.

If you would like the product(s) chosen to be set aside for you, we invite you to contact our customer service. 

If the amount of the product(s) chosen as a replacement has a value greater than the amount of the returned product(s), you must pay the difference in price in accordance with these General Terms and Conditions of Sale.

If the amount of the product(s) chosen as a replacement has a value lower than the amount of the returned product(s), the difference in price will be refunded to you by LUGO (it being reminded that for gifts, only the customer who purchased the gift can request the refund and have his bank account credited) in accordance with these General Terms and Conditions of Sale.

In the event of an exchange, the transport costs of the first delivery are refunded, but the transport costs of the second shipment are invoiced according to the chosen delivery method.

Please note that the exchange will take place within seventy-two (72) business hours of receipt of the product(s). 

11. c) Reimbursement

In the event of a refund request, the latter will be made within seventy-two (72) working hours of receipt of the product(s). A confirmation email will be sent to you. The refund, including the shipping costs of the initial order, will then be made according to the same payment method used when placing the order and will be made in the same currency as that used by the customer at the time of payment of his order.

Please note, however, that it may take your bank up to ten (10) business days to process a refund on your card, depending on processing times. This varies from one card issuer to another, and we are not in a position to accelerate this process beyond our control.

12. Legal and commercial guarantees

12.1. Legal guarantees

The products sold by LUGO are subject to the conditions of legal guarantees provided by articles L217-4 to L217-14 of the Consumer Code as well as by articles 1641 to 1648 of the Civil Code, to the exclusion of all other guarantees:

- Legal guarantee of conformity: 

LUGO will deliver a product to you that complies with the contract and is free of defects in conformity when it is delivered, in the sense that the product will be suitable for the use usually expected of a similar product and that it will have the characteristics presented at the time of sale. LUGO is also liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been charged to it by the contract or has been carried out under its responsibility. This guarantee will only apply if you request it within two years of delivery of the property. Defects of conformity that appear within six (6) months (legally extended to twenty-four (24) months from 18 March 2019) from delivery are presumed to exist at the time of delivery, unless proven otherwise. 

You can choose between repairing or replacing the product unless one of these choices results in a clearly disproportionate cost to LUGO. If repair or replacement of the product is not possible, you may return the price paid and return the product or keep the product and have part of the price returned to you, unless the lack of conformity is minor. The return, replacement or refund of the product will be made at no cost to you and does not prevent you from receiving any compensation in the event that you are entitled to it.  The legal guarantee of conformity applies independently of the commercial guarantee indicated in Article 12.2 below. 

- Legal guarantee for hidden defects: 

LUGO will give you a product free of hidden defects that would make it unfit for its intended use, or that reduce its use so much, that you would not have acquired it, or would have given it a lower price, if you had known them. This warranty will only apply if you make the request within two (2) years of the discovery of the defect. 

In the event of a hidden defect, you will have the choice of returning the product and having the price and costs incurred by the sale returned to you or keeping the product and having part of the price returned to you. In any case, it will be up to you to prove that you meet the conditions of the guarantee.

In case of lack of conformity and hidden defects you must return the products to us at the following address:

LUGO

128 de la Boétie Street

75008 - PARIS

France

13. After-sales service and availability of spare parts

All technically repairable products are serviced. For any repairs, please contact our Customer Service.

In accordance with article L 111-3 al 1 of the French Consumer Code, LUGO confirms that no period of availability of spare parts essential for the use of the products is guaranteed. LUGO will nevertheless make its best efforts to satisfy its Customers in the event of a request for one or more spare parts.

14. Limitation of liability

In no event shall LUGO be liable for any damage that does not result from a breach by LUGO of any of its obligations.

15. Applicable law - Disputes

These General Terms and Conditions of Sale are governed by and interpreted in accordance with French law. However, pursuant to EC Regulation 593/2008 of 17 June 2008, these general terms and conditions of sale do not prevent the application of a provision more favourable to the customer, from which no derogation may be made by agreement, under the law of the country where the customer has his habitual residence. In the event of a dispute relating to the application and/or interpretation of these General Terms and Conditions of Sale, the customer may use a conventional mediation procedure or any other alternative dispute resolution procedure. In accordance with Ordinance No. 2015-1033 of 20 August 2015 and implementing decree No. 2015-1382 of 30 October 2015, any so-called consumer dispute or litigation, subject to Article L612-2 of the Consumer Code, may be settled amicably by mediation with the CMAP - Centre de Médiation et d'Arbitrage de Paris. To submit a dispute to the mediator, the client can (i) fill out the form on the CMAP website: www.cmap.fr "you are: a consumer" tab (ii) send his request by simple or registered mail to the CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to consommation@cmap.fr Regardless of the means used to enter the CMAP, the customer's request must contain the following elements to be processed quickly: his postal, email and telephone details as well as LUGO's full name and address, a brief statement of the facts, and proof of the preliminary steps taken with LUGO. Notwithstanding the above, in the event of a dispute, and in accordance with Regulation No. 1215/2012 of 12 December 2012:

- the client may bring an action either before the court of his domicile or before the French courts,

- LUGO may bring an action before the court of the place where the customer resides.

In the event of a dispute relating to the execution of an order, if you are a natural person end consumer, you have the possibility of using a conventional mediation procedure or any other alternative dispute resolution procedure free of charge.  You may, if you wish, use the online dispute resolution service offered by the European Commission in accordance with Article 14 of Regulation (EU) No 524/2013. This platform is available at the following address: https://webgate.ec.europa.eu/odr/. The use of mediation is an alternative mechanism that is not a prerequisite for legal action.

APPENDIX : SAMPLE STANDARD WITHDRAWAL FORM

If you wish to exercise your right of withdrawal - in compliance with the conditions provided for in Article 9, you may use the form below:

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Attention: www.lugoparis.com - 128, rue de la Boétie - 75008 PARIS - FRANCE

I hereby notify you of my withdrawal from the contract for the sale of the following property or properties:  

- Name(s) and reference(s) of the article(s):

- Ordered on:

- Received on:

- Order number : 

Name of the customer who placed the order: 

Address of the customer who placed the order:  

Client's signature in the event of notification of this form on paper:  

Date :