GENERAL CONDITION OF SALE
1. INTRODUCTION
This document sets out the general terms and conditions governing the use of this website and the purchase of products through it (hereinafter the "General Terms and Conditions"). Please read these General Terms and Conditions before using this website. By using this website or placing an order through it, you agree to be bound by these General Terms and Conditions. Please do not use this website if you do not accept all of these General Terms and Conditions. These General Terms and Conditions may be subject to change. It is your responsibility to read them regularly as the General Terms and Conditions in force on the date you use this website or on the date of formation of the Contract (as defined below) will be those applicable.
2. INFORMATION ABOUT US
This website is operated under the name SARL MWD, whose registered office is located at 1750 chemin du Plan d'Olive 13260 Cassis (FRANCE) and whose VAT number is: 294 912 039 64 PRIVACY POLICY The information or personal data you provide to us will be processed in accordance with the Privacy Policy. By using this website, you agree to the processing of information and data, and you declare that all information and data you have provided to us are accurate and truthful.
3. USE OF OUR WEBSITE
These General Terms and Conditions are the only terms applicable to the use of this website and supersede all other terms, unless otherwise agreed in writing by the Seller. These General Terms and Conditions are important for both you and us as they have been drafted to create a legally binding agreement between us, protecting your rights as a consumer and our rights as a business. You acknowledge that by placing an order you unreservedly accept these General Terms and Conditions and declare that you have read them. When registering the Customer's personal data, the Customer must ensure the accuracy and completeness of the data they provide. In the event of an error in the recipient's contact details, SARL MWD cannot be held responsible for the inability to deliver the product. By using this website and/or placing an order through it, you agree: To use this site only for legitimate inquiries or orders. Not to place speculative, false, or fraudulent orders. If we have reason to believe that such an order has been placed, we will be entitled to cancel the order and inform the relevant authorities. You also agree to provide an email address, postal address, and/or any other contact information and acknowledge that we may use this information to contact you if necessary. If you do not give us all the information we need, we may be unable to process your order. By placing an order on this website, you warrant that you are at least 18 years old and legally capable of entering into binding agreements.
4. FORMATION OF THE CONTRACT
The information defined in these General Terms and Conditions and the details appearing on this website do not constitute an offer to sell but rather an invitation to treat. No contract shall exist between you and us regarding the products until we have accepted your order. If your order is not accepted and its amount has already been debited from your account, you will be fully refunded. To place an order, you will be asked to follow the online purchase process to submit the order. You will then receive an email from us confirming receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted. Your order constitutes your offer to purchase one or more products from us. All orders are subject to our acceptance and we will confirm this acceptance by sending you an email confirming the shipment of the product(s) (the "Shipping Confirmation"). The contract for the purchase of the product will only be formed between you and us upon the sending of the Shipping Confirmation. The contract will only relate to the products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply you with any other products that may be included in your order, whatever they may be, until the shipment of these products has been confirmed in a separate Shipping Confirmation.
5. PRODUCT AVAILABILITY
All product orders are subject to availability conditions. In this regard, in case of delivery difficulties or stock shortages for the ordered products, we reserve the right to provide you with information on replacement products of equal or superior quality and value that you will have the option to order. If you do not wish to order these replacement products, we will refund you the full amount you may have paid.
6. REFUSAL OF ORDER
We reserve the right to withdraw, at any time, any product from this website and/or to replace or modify any document or content appearing on this site. Although we make every effort to always process all orders, there may be exceptional circumstances in which we will be obliged to refuse to process an order after sending an Order Confirmation. We reserve the right to do so at any time and at our sole discretion. We will not be liable to you or any other third party for our decision to withdraw a product from our site, whether sold or not, to replace or modify any document or content appearing on this site, or to refuse to process or accept an order after sending the corresponding Order Confirmation.
7. DELIVERY
Subject to the provisions of article 6 above, and except in exceptional circumstances, we endeavor to process your order for the product(s) indicated in the shipping confirmation before the delivery date established in the document or, if no indicative date is mentioned, within 15 days from the date of the Shipping Confirmation. Please note that products are delivered in a recycled cardboard box, placed in tissue paper.
Reasons for delay may include:
- Unforeseen circumstances
- Delivery location
- Shipping times may be longer during collection releases or annual holidays.
Please note that orders are prepared from Monday to Friday. For the purposes of these General Terms and Conditions, "delivery" will be considered made or the order delivered upon receipt of the order at the agreed delivery address. Depending on the country of delivery, your packages are delivered by Colissimo or Chronopost. Delivery times depend on your choice of carrier.
If a package with unsigned delivery appears as delivered but has not reached the customer, PAKO LITTO cannot be held responsible. In this case, the customer must file a claim with Colissimo. Only delivery against signature or to a relay point allows a claim to be filed with Colissimo. It is therefore strongly recommended.
8. INABILITY TO DELIVER
We shall be entitled to understand that you wish to cancel the Contract, and it may be deemed terminated upon the expiry of a 5-day period from the date your order is ready for delivery, during which period the order has not been delivered for reasons not attributable to us. In the event that the contract is deemed terminated, we will refund the price paid for the products as soon as possible and, in any event, within 30 days from the date on which we deem the contract terminated. In such situations, we will be entitled to charge you for delivery costs and all costs incurred for the termination of the contract. If your package is returned to the sender, it will be refunded within 5 to 10 working days. From a logistical perspective, it is not possible to offer a re-shipment.
9. RISK AND TITLE
You assume the risks inherent in the products from the date of delivery. Ownership of the products will only transfer to you when we have received full payment of the amounts due for the products, including delivery costs, or from delivery (as defined in the "Delivery" article above), if this occurs later.
10. PRICE AND PAYMENT
The prices of the products will be those stipulated at any time on our site, except in cases of obvious errors. Although we strive to ensure that all prices stipulated on our site are accurate, errors are still possible. If we discover an error in the price of the products you have ordered, we will inform you as soon as possible and give you the option to reconfirm the order at the correct price or cancel it. If we are unable to contact you, the order will be considered cancelled and if you have already paid for the products, you will be fully refunded. We are not obliged to sell you the products at an incorrect (lower) price (including after sending a shipping confirmation) if the price error is obvious and unambiguous and could reasonably have been identified by you as such. The prices displayed on our website include VAT but do not include delivery costs. These will be added to the total amount. Prices are subject to change at any time. However (unless otherwise stated above), these potential changes will not affect orders for which an order confirmation has been sent. Once you have finished your product selection, all the items you wish to purchase will be added to your basket. You will then need to identify yourself and proceed to payment for your order. To do this: Click on the "Basket" button on the right of the page Click on the "order" button Fill in or check your information, your order details, and the delivery and billing addresses. Click on "Order" Select the carrier and tick the box for the general terms and conditions of sale Fill in the fields relating to your credit card You can pay by PayPal, Credit Card, Visa and Mastercard. Your card details will be encrypted to limit any risk of unauthorized access. Once your order has been received, we will request prior authorization from your card to ensure that you have sufficient funds to complete the transaction. By clicking on "validate", you confirm that the credit card used belongs to you. Credit cards are subject to validation checks and authorization by your card issuer. In the absence of the required authorization, we will not be responsible for delays or non-delivery of the order and will not be able to form any contract with you.
The seller offers its customers the Alma credit service for the settlement of their purchases and the execution of payment. This is conditioned by the customer's acceptance of the T&Cs or the credit agreement offered by Alma.
Any refusal by Alma to grant credit for an order may result in its cancellation.
Any termination of the T&Cs linking the customer and the seller entails the termination of the T&Cs or the credit agreement between Alma and the customer.
Payment in two / three / four installments is available via our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D secure.
Purchase amount: Only purchases between 150 and 2000€ are eligible for payment with Alma.
Fees: when paying in several installments with Alma, the customer does not pay fees except in the following case:
- For payment in four installments: 1.5%
Alma is a remote payment manager and issues an electronic certificate that will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the Civil Code.
Termination: Any termination of the T&Cs linking the seller and the customer entails the termination of the T&Cs between Alma and the customer.
The amount is paid by a credit granted by Alma SAS registered with REGAFI under number 90876.
Payment: Payment by credit is available for the settlement of their purchases via our partner Alma, the execution of payment is conditioned by the signing of the credit agreement offered by Alma. The seller accepts in advance the granting of credit concluded between Alma and the customer in accordance with article L312-46 of the Consumer Code. If Alma agrees to grant credit to the customer, the amount will be paid by credit in accordance with article L312-45 of the Consumer Code. Any refusal by Alma to grant credit for an order may result in its cancellation, unless the customer agrees to pay cash. Any termination of the T&Cs linking the seller and the customer entails the termination of the credit agreement between Alma and the customer. In case of withdrawal, customer fees and interest will be reimbursed in accordance with regulations.
Security: payment security is ensured by Alma and its service providers. All payments are protected by 3D secure. Alma is a remote payment manager and issues an electronic certificate that will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the Civil Code.
Special case: In the case of a sales contract or service provision with successive execution or delivered over quite long periods, the seller must specify in its T&Cs the start time of the delivery or supply. For more details, you can contact the Alma teams at support@getalma.eu
11. VALUE ADDED TAX
In accordance with applicable rules and regulations, all purchases made through the website are subject to Value Added Tax (VAT). In this regard and in accordance with Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, the place of delivery is presumed to be that of the Member State of the address to which the items are to be delivered, and the applicable VAT will be that in force in each Member State where the items are to be delivered in accordance with the orders placed. In accordance with Article 283-1 of the CGI, deliveries of goods made in France for the benefit of customers duly identified for French VAT will be invoiced with the application of the reverse charge mechanism. It will be up to French customers to pay French VAT under the reverse charge mechanism through their respective (French) VAT declarations. Furthermore, deliveries made to Member States other than France for the benefit of customers identified for VAT in that other Member State will be invoiced with the application of the exemption provided for in Article 138 of Directive 2006/112/EC as an intra-Community supply of goods, after having received from the customer a VAT number (other than a French VAT number) appearing as valid on the European VAT number validation site 'VIES'. Any additional costs related to the delivery of your order (customs duties, import duties, taxes) are your responsibility.
12. EXCHANGE AND RETURN POLICY
12.1. RIGHT OF WITHDRAWAL
In accordance with applicable regulations, as a contracting consumer, you have the right to cancel the contract at any time, you have a withdrawal period of 30 days from the day after the delivery of the products, failing which the sale is deemed firm and final. Subject to compliance with all the following conditions and terms, the refund will be ensured by the seller. The exercise of this right of withdrawal for defective products must be reported within 10 days of receiving the package by email to the following address: hello@pako-litto.com, accompanied by photos of the defect in question. In the event of an error on our part regarding the conforming delivery of the product, to the extent possible, we will proceed with a new shipment. You have a period of thirty (30) days after your purchase to return your items.
Items must be returned in their original packaging, new, with original tags, unworn and unwashed. A fixed penalty will be deducted for items returned without original tags. For any stained or damaged item returned, packaging, repair, washing and/or dry-cleaning costs will be immediately deducted from the refunded amount.
If you received a gift with your order, it must also be returned. If not, its value will be deducted from your refund.
The return of the product is at the consumer's expense if the delivery location is outside metropolitan France, Belgium, Germany, the Netherlands, and Luxembourg. If you have any questions, please do not hesitate to contact us by email at hello@pako-litto.com or by phone at +33 4 86 36 18 04
12.2. APPARENT DEFECT AND NON-CONFORMITY OF PRODUCTS
If you consider that the product has an apparent defect or does not conform to the contract at the time of delivery, you must contact us by email at hello@pako-litto.com, within 10 days of receiving your order, providing us with details of the product and a description of the observed defects/damages. Failing this, no claim will be valid, and no return or exchange will be possible. You can also contact us by phone at +33 4 86 36 18 04, where we will inform you of the steps to follow.
13. LIABILITY AND EXCLUSIONS
Our liability for any product purchased through our website is strictly limited to the purchase price of said product. Nothing in these General Terms and Conditions shall exclude or limit our liability in case of: Death or personal injury caused by our negligence; Fraud or gross negligence, including on the part of our employees or agents; or Any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability. Subject to the following paragraph and to the extent permitted by law, and unless otherwise stated in these General Terms and Conditions, we accept no liability for indirect losses resulting from a side effect of the main loss or damage and arising or caused by a tort (including negligence), breach of contract or otherwise, even if foreseeable, including, without limitation, in case of: (i) loss of profit or revenue; (ii) loss of business; (iv) loss of anticipated savings; (v) loss of data; and (vi) waste of management or working time. Due to the open nature of this website and potential errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted to or obtained from this site, unless expressly stated otherwise on the said site. All product descriptions, information, and documents appearing on this site are provided "as is" and without express, implied, or other warranties. To the extent permitted by law, without excluding what cannot be legally excluded in the case of consumers, we disclaim all warranties. The provisions of this article shall in no way affect the legal rights you may exercise as a consumer, nor your cancellation rights.
14. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademark, or other intellectual property rights in the information or content appearing on this site shall at all times remain our property or that of our licensors. You are authorized to use this information only to the extent expressly authorized by us. This does not prevent you from using this website to the extent necessary to make a copy of any order or the details of a Contract.
15. VIRUSES, HACKING, AND OTHER CYBERCRIMES
You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs, or other malicious or technologically harmful material. You must not attempt to gain unauthorized access to this website, the server on which this website is stored, or any server, computer, or database connected to our website. You must not attack this website via a denial-of-service attack or a distributed denial-of-service attack. Breach of this provision may constitute a criminal offense under applicable law. We will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this website will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
16. LINKS FROM OUR WEBSITE
Links to third-party websites and documents may appear on our website; such links are provided for informational purposes only, and we have no control, of any kind, over the content of said websites or documents. Consequently, we will not accept any responsibility for any loss or damage that may result from the use of these links.
17. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you must be in writing. When you use this website, you accept that communications with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you agree to these electronic means of communication and acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. These provisions do not affect your legal rights.
18. NOTICES
All notices you send to us must be sent by email (hello@pako-litto.com). Subject to and unless otherwise stated in Article 16, we may send you notices to the email or postal address you provided to us when placing your order. Notices will be deemed received and properly served immediately upon posting on our site, 24 hours after an email is sent, or three days after the date of posting a letter. To prove the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and posted, and in the case of an email, that such email was sent to the specified email address of the addressee.
19. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract concluded between you and us binds us, you, and our respective heirs and assigns. You may not transfer, assign, charge, or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. You may not transfer, assign, charge, subcontract, or otherwise dispose of a Contract, or any of your rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, no transfer, assignment, charge, or other disposition will affect any legal rights you hold as a consumer or will cancel, reduce, or otherwise limit any warranty that we may have given to you, expressly or implicitly.
20. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations, or restrictions of any government; strikes, failures, or accidents of maritime, postal, or other transport. Our performance under any Contract will be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
21. WAIVER
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these General Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the notices article above.
22. SEVERABILITY
If any of these General Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
- Choosing a selection results in a full page refresh.
- Opens in a new window.