Article 1: Designation of the Seller

LETTI LETTI
SARL with capital of 2,000 euros
Registered with the Paris Trade and Companies Register under number 953 937 604
Whose head office is located at 67, rue de Clichy 75009 Paris
Taken in the person of its legal representative duly authorized for the purposes hereof.

Article 2: Scope of the General Conditions of Sale

 

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by LETTI LETTI ("the Seller") with consumers and non-professional buyers ("Customers or the Customer") (also referred to individually as "a Party" and collectively as "the Parties") wishing to acquire the products offered for sale by the Seller ("the Products") on the website www.lettiletti.com

They specify in particular the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.

These General Conditions of Sale may be supplemented by specific conditions, stated on the website, before any transaction with the Customer.

These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

These General Conditions of Sale are systematically communicated to all Customers prior to placing an order and will prevail, where applicable, over any other version or any other contradictory document.

They are accessible at any time on the website www.lettiletti.com

The Customer declares to have read these General Conditions of Sale and to have accepted them before placing his order. The validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Conditions of Sale.

These General Conditions of Sale may be subject to subsequent modifications; the version applicable to the Customer's purchase is that in force on the website on the date the order is placed.

 

Article 3: Products offered for sale

The products offered for sale on the website www.lettiletti.com are furnishing items and more specifically headboards.

The main characteristics of the Products, bringing together all the substantial information required by the applicable regulations and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website www.lettiletti.com in the product sheets and the Seller's catalog.

The Customer is required to read this before placing any order.

The choice and purchase of a Product are the sole responsibility of the Customer.

The photographs and graphics presented on the website www.lettiletti.com are not contractual and cannot engage the responsibility of the Seller.

The Customer is required to refer to the description of each Product in order to know its properties, essential features and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.

The contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.

In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility of and are the sole responsibility of the Customer.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

The Customer acknowledges having the capacity required to contract and acquire the Products offered on the website www.lettiletti.com

 

Article 4: Orders

4-1. Placing the order

It is up to the Customer to select the Products they wish to order on the website www.lettiletti.com .

The Customer has the opportunity to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is his responsibility to check the accuracy of the order and to immediately report or rectify any errors.

The registration of an order on the website www.lettiletti.com is carried out when the Customer accepts these General Conditions of Sale by checking the box provided for this purpose and validates his order. This validation implies acceptance of all of these General Conditions of Sale as well as the general conditions of use of the website www.lettiletti.com

The sale is only final after the sending to the Customer of confirmation of acceptance of the order by the Seller by e-mail, which must be sent without delay and after receipt by the latter of the full price of the deposit due.

Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the terms described above, on the website www.lettiletti.com constitutes the formation of a contract concluded remotely between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer can follow the progress of his order on the website www.lettiletti.com

4-2. Modification of the order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.

4-3. Cancellation of the order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled, except in the exercise of the right of withdrawal or in cases of force majeure.

 

Article 5: Rates

The Products are supplied at the current prices listed on the website www.lettiletti.com , when the order is registered by the Seller. Prices are expressed in Euros, excluding and including VAT.

The prices take into account any reductions that may be granted by the Seller on the website www.lettiletti.com

These prices are firm and not revisable during their period of validity, as indicated on the website www.lettiletti.com , the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are charged in addition, under the conditions indicated on the website www.lettiletti.com and calculated prior to placing the order.

If the Customer requests a faster or more expensive shipping method than standard shipping, the additional processing, shipping, transport and delivery costs, as calculated prior to validation of the order by the Customer, are entirely at the Customer's expense.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.

 

Article 6: Payment conditions

The Products offered by the Seller are delivered to the Customer in return for a price.

Any amount paid in advance on the price, deposit or down payment, is productive of interest at the legal rate at the end of a period of three months from the payment and until the delivery date (article L 214-2 of the Consumer Code).

The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, according to the following terms:

• By SEPA direct debit,
• by bank cards: Carte Bancaire, Visa, MasterCard, American Express, other bank cards
• by bank transfer.

Payment by credit card is irrevocable, except in the case of fraudulent use of the card. In this case, the Customer may request cancellation of the payment and the refund of the corresponding amounts.

 

Article 7: Delivery of Products ordered

Delivery of the Products means the transfer to the Customer of physical possession or control of the Products ordered.

In accordance with the provisions of Article L 216-4 of the Consumer Code, the delivery of the Products is accompanied by the delivery of the instructions for use, the installation instructions and a document mentioning the possibility of making reservations as well as the commercial guarantee.

The Products ordered by the Customer will be delivered in mainland France (and in the following countries: European Community countries, United Kingdom, Switzerland, United States, within 6 to 8 weeks from confirmation of the order, the shipping time indicated on the Product sheet to which is added the processing and delivery time - to the address indicated by the Customer when ordering on the website www.lettiletti.com . Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time periods specified above.

However, these deadlines are provided for information purposes only.

If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the actions of the Customer, the Customer may notify the Seller, under the conditions provided for in Article L 216-6 of the Consumer Code,

• either the suspension of payment of all or part of the price until the Seller performs, under the conditions provided for in Articles 1219 and 1220 of the Civil Code (exception of non-performance),
• or the resolution of the sale, after having formally notified the Seller to perform within a reasonable additional period not respected by the Seller.

The resolution may be immediate if the Seller refuses to perform or if it is clear that it will not be able to deliver the Products or if the delivery deadline not respected constituted, for the Customer, an essential condition of the sale.

In the event of termination of the sale, the sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.

The Seller bears the risks of transport and is required to reimburse the Customer in the event of damage caused during transport.

Deliveries are made by an independent carrier, to the address provided by the Customer when ordering and which the carrier can easily access.

The Customer therefore acknowledges that it is the carrier's responsibility to carry out the delivery and has no warranty recourse against the Seller in the event of failure to deliver the transported goods.

 

Article 8: Transfer of ownership - Transfer of risks

The transfer of ownership of the Seller's Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the Products.

Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products, which therefore travel at the Seller's risk, except when the Customer uses a carrier that he has chosen himself, independent of the Seller, in which case the transfer of risks is made at the time of delivery of the Products ordered by the Seller to the carrier chosen by the Customer.

 

Article 9: Right of withdrawal

In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Products to exercise his right of withdrawal from the Seller, without having to provide reasons or pay a penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 14 days following notification to the Seller of the Customer's decision to withdraw.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete products will not be accepted.

The right of withdrawal may be exercised online, using the withdrawal form available on the website www.lettiletti.com , in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other declaration, free from ambiguity, expressing the desire to withdraw.

In the event of exercising the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded; the return costs will remain the responsibility of the Customer.

The refund will be made within 14 days (at most 14 days) from notification to the Seller of the decision to withdraw.

 

Article 10: Seller’s Liability – Warranty

The Products sold on the website www.lettiletti.com comply with the regulations in force in France and have performances compatible with non-professional uses.

The Products supplied by the Seller benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with legal provisions,

• of the legal guarantee of conformity, for Products which are apparently defective, damaged or damaged or do not correspond to the order,
• of the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,

10-1. Legal guarantee of conformity

The Seller undertakes to deliver goods that comply with the contractual description and the criteria set out in Article L217-5 of the Consumer Code.

It is liable for any lack of conformity existing at the time of delivery of the Products and which appears within two years of delivery.

This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code, the limitation period starting to run on the day the Customer becomes aware of the lack of conformity.

Any lack of conformity which appears within twenty-four months or twelve months in the case of second-hand goods from the delivery of the Products, are, unless proven otherwise, presumed to have existed at the time of delivery.

In the event of a lack of conformity, the Customer may demand that the Products delivered be brought into conformity by repair or replacement or, failing that, a reduction in the price or termination of the sale, under legal conditions.

It may also suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until the Seller has fulfilled its obligations under the legal guarantee of conformity, under the conditions of Articles 1219 and 1220 of the Civil Code.

It is the Customer's responsibility to request that the Seller bring the Products into conformity, choosing between repair and replacement. The conformity of the goods takes place within a period not exceeding thirty days following the Customer's request.

The repair or replacement of the non-compliant Product includes, where applicable, the removal and recovery of the latter as well as the installation of the Product brought into conformity or replaced.

Any Product brought into conformity within the framework of the legal guarantee of conformity benefits from a six-month extension of this guarantee.

In the event of replacement of the non-compliant Product when, despite the Customer's choice, compliance has not been carried out by the Seller, the replacement starts, for the Customer's benefit, a new period of legal guarantee of conformity, from the delivery of the replaced Product.

If the requested compliance is impossible or results in disproportionate costs under the conditions set out in Article L 217-12 of the Consumer Code, the Seller may refuse it. If the conditions set out in Article L 217-12 of the Consumer Code are not met, the Customer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with Articles 1221 et seq. of the Civil Code.

The Customer may finally demand a price reduction or the termination of the sale (unless the lack of conformity is minor) in the cases provided for in Article L 217-14 of the Consumer Code.

When the lack of conformity is so serious that it justifies a reduction in price or immediate termination of the sale, the Customer is not required to request in advance the repair or replacement of the non-conforming Product.

The price reduction is proportional to the difference between the value of the Product delivered and the value of this good in the absence of the lack of conformity.

In the event of termination of the sale, the Customer is reimbursed for the price paid against return of the non-compliant Products to the Seller, at the latter's expense.

Reimbursement is made upon receipt of the non-compliant Product or proof of its return by the Customer and at the latest within fourteen days thereafter, with the same means of payment as that used by the Customer when paying, unless expressly agreed otherwise by the latter and in any event without additional costs.

The foregoing provisions are without prejudice to the possible allocation of damages to the Customer, for the loss suffered by the latter due to the lack of conformity.

10-2. Legal guarantee against hidden defects

The Seller is liable for hidden defects under the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use.

The Customer may decide to implement the warranty against hidden defects of the Products in accordance with Article 1641 of the Civil Code; in this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

10-3. Exclusion of warranties

The Seller shall not be held liable in the following cases:

• non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer's responsibility to check before placing an order,
• in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.

Box inserted in the General Conditions of Sale in application of the provisions of article D 211-2 of the Consumer Code concerning the legal guarantees of conformity and hidden defects:

The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared. When the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee is applicable to this digital content or this digital service throughout the planned supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared. The legal guarantee of conformity requires the professional, where applicable, to provide all updates necessary to maintain the conformity of the good. The legal guarantee of conformity gives the consumer the right to repair or replacement of the good within thirty days of his request, free of charge and without major inconvenience for him. If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee. If the consumer requests the repair of the good, but the seller imposes the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good. The consumer can obtain a reduction in the purchase price by keeping the good or terminate the contract by being fully reimbursed against return of the good, if: 1° The professional refuses to repair or replace the good; 2° The repair or replacement of the good occurs after a period of thirty days;3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the costs of installation of the repaired or replacement good;4° The non-conformity of the good persists despite the seller's unsuccessful attempt to bring it into conformity.The consumer is also entitled to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in price or the termination of the contract being immediate. The consumer is then not required to request the repair or replacement of the goods in advance. The consumer is not entitled to the resolution of the sale if the lack of conformity is minor. Any period of immobilization of the goods with a view to their repair or replacement suspends the warranty which remained to run until the delivery of the goods repaired. The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code. The seller who hinders in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of a maximum amount of 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code). The consumer also benefits from the legal guarantee of hidden defects in application of Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the item is kept or to a full refund upon return of the item.

 

 

Article 11: After-sales service

The Products are subject to an after-sales service which does not fall under the legal guarantees or the commercial guarantee to which the Customer may subscribe under the conditions provided in the appendix to these General Conditions of Sale.

 

Article 12: Protection of personal data

In application of law 78-17 of January 6, 1978 amended by law n°2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular.

This data may be communicated to the Seller's potential partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the website www.lettiletti.com meets the legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.

The Client has, in accordance with current national and European regulations, a permanent right of access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning him/her.

This right may be exercised under the conditions and according to the methods defined on the website www.lettiletti.com

The Client, noting that a violation of the general regulation on the protection of personal data has been committed, has the possibility of mandating an association or an organization mentioned in IV of article 43 ter of the Data Protection Act of 1978, in order to obtain compensation against the data controller or subcontractor before a civil or administrative court or before the National Commission for Information Technology and Civil Liberties.

 

Article 13: Intellectual property

The content of the website www.lettiletti.com is the property of the Seller 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.

 

Article 14: Unforeseen circumstances

In the event of a change in circumstances unforeseeable at the time of conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party which has not agreed to assume a risk of excessively onerous performance may request a renegotiation of the contract from its co-contractor.

 

Article 15: Force majeure

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

 

Article 16: Termination procedures

It is recalled that, in accordance with legal provisions, termination of the contract by electronic means is possible when the contract has been concluded electronically or, when on the day of termination the Seller offers Customers the possibility of concluding contracts electronically.

For this purpose, a free functionality is made available to the Customer, allowing him to complete, electronically, the notification and all the steps necessary for the termination of the contract, of which the Seller must acknowledge receipt by informing the Customer, on a durable medium and within a reasonable time, of the date on which the contract ends and of the effects of the termination.

Article 17: Applicable law - Language

These General Conditions of Sale and the transactions resulting from them are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text shall be authentic in the event of a dispute.

 

Article 18: Disputes

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 between the Seller and the Customer will be submitted to the competent courts under the conditions of common law.

The Customer is informed that he may 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.lettiletti.com or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

The contact details and procedures for contacting the mediator are as follows:

If the dispute must be brought before the courts, it is recalled that in application of article L 141-5 of the Consumer Code: the consumer may refer the matter at his choice, in addition to one of the courts with territorial jurisdiction under the Code of Civil Procedure, to the court of the place where he resided at the time of the conclusion of the contract or the occurrence of the damaging event .

It is also recalled that, in accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court resolution of online disputes between consumers and professionals in the European Union.

 

Article 18: Pre-contractual information - Customer acceptance

The Customer acknowledges having been informed by the Seller in a legible and comprehensible manner, by means of the provision of these General Conditions of Sale, prior to his immediate purchase or the placing of the order and in accordance with the provisions of article L 221-5 of the Consumer Code:

• on the essential characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity allowing it to acquire the Products with full knowledge of the facts, in particular with regard to their conditions of use. The photographs and graphics presented are not contractual and cannot engage the liability of the Seller. The Customer is required to refer to the description of each Product in order to know its properties and essential particularities
• on the price of the Products and the application of a personalized price based on automated decision-making and ancillary costs or, in the absence of payment of a price, on any advantage provided instead of or in addition to it and on the nature of this advantage;
• on the terms of payment, delivery and execution of the sales contract;
• in the absence of immediate execution of the sale, on the delivery times of the Products ordered;
• on the identity of the Seller and all of their contact details;
• on the existence and terms of implementation of guarantees (the legal guarantee of conformity, guarantee of hidden defects, possible commercial guarantees) and, where applicable, on after-sales service;
• on the possibility of using a consumer mediator, whose contact details appear in these General Conditions of Sale, under the conditions provided for in the Consumer Code
• on the right of withdrawal (existence, conditions, deadline, methods of exercising this right and standard withdrawal form), the terms of termination, the processing of complaints and other important contractual conditions and, where applicable, on the costs of using the distance communication technique, the existence of codes of good conduct and financial guarantees and deposits;
• on the accepted payment methods.

The fact that a Customer places an order on the website www.lettiletti.com implies full acceptance and adherence to these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.

ANNEX 1 - Withdrawal form

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.lettiletti.com, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.

For the attention of LETTI LETTI
67 Clichy Street
75009 Paris
hello@lettiletti.com

I hereby notify my withdrawal from the contract relating to the order of the products below:

• Ordered on ....... / Received on .........
• Order number: ................................................................
• Customer Name: ................................................................................
• Customer Address: .......................................................................

Signature of the Client (only if this form is notified on paper):

Date : .................................