GENERAL CONDITIONS OF SALE

TERMS OF SALES

The Site https://www.lastrate.fr is managed by the individual company CT STUDIO,
RCS number: 881 580 328 RCS Reims

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LASTRATE is a registered trademark at the National Institute of Industrial Property (INPI) under number 4532896.

The CUSTOMER can contact the company:

  1. Scope

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All commercial operations carried out by our company are subject to these general conditions of sale (hereinafter referred to as the "General Conditions") which govern the contractual relations between any user of the site https://www.lastrate.fr (hereinafter referred to as the "General Conditions"). -after referred to as the "Site") wishing to make a purchase via the Site (hereinafter referred to as the "Customer") and the company CT STUDIO through the LASTRATE brand, whose head office is located at 27 rue de l ' Arquebuse, 51100 Reims and registered in the trade and individual companies register under number 881 580 328 00014, (hereinafter referred to as "CT STUDIO").

At any time, LASTRATE may be required to modify some of the provisions of these General Conditions of Sale. Consequently, it is necessary to take note of the version in force on the day of the order on the Site. These modifications are enforceable as of their posting online and will be applied to orders placed after their posting on the Site.

Any purchase on the Site is subject to all the clauses of the General Conditions. The Customer can only validate his order after having duly taken note of the General Conditions. By validating the General Conditions, the Customer declares to have the legal capacity allowing the conclusion of a contract within the meaning of articles 1123 and following of the French Civil Code.

For the understanding of the General Conditions, the following terms should be defined:

  • Territory: refers to France (including DOM / TOM), Belgium, Switzerland and Luxembourg.

  • Users or Internet users: Designate any person located in the Territory connecting to the Site.

2. Products

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PRODUCTS SOLD

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The products sold by LASTRATE on the Site (hereinafter the “Products”) are described on the Site. They will be the subject of an individual product sheet which will present at least the essential characteristics of the product based on information provided by partners, suppliers or manufacturers. The characteristics will have an indicative value. The products will also be the subject of a presentation by photos, without contractual value. LASTRATE may also offer “Promotions”: the products which are the subject of them (on the price or on any other characteristic such as for example delivery, quantity, etc.) will be sold during the lapse of a period and / or a limited quantity.

3. Ordering methods

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To place an order on the Site for the purchase of a Product, the CUSTOMER must:
- have a User Account open in compliance with the article on data confidentiality
- hold a valid bank card

Orders are placed exclusively on the Internet according to the following steps:

  • the Customer fills his basket of Products,

  • the Customer creates his account or registers if he is already a member of the LASTRATE community,

  • the Customer provides the information concerning his delivery details,

  • the Customer is informed as to the delivery method and the amount of the delivery costs,

  • the Customer chooses his method of payment,

  • the Customer validates the General Conditions and his order,

  • the Customer is redirected to a page of our partner, and makes his payment request,

  • finally, the Customer receives an e-mail confirming his order.

The Customer is required to check the completeness and veracity of the information that he provides to LASTRATE when ordering and in particular his delivery address. The order validation email signifies LASTRATE's acceptance of the Customer's order and thus forms the sales contract between the parties in accordance with the provisions of the General Conditions. The information provided by the Customer as well as the General Conditions form the contract concluded between the Customer and LASTRATE and will be recalled in the order validation e-mail. The Customer is responsible for keeping this validation e-mail representing his copy of the sales contract. LASTRATE cannot be held responsible for the fact that this email is deleted by an “anti-SPAM” type device. The Customer can access the content of his order at any time by connecting to the Site and opening the “My Account” tab. The General Conditions can be viewed from any page of the Site.

4. Availability

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As part of a traditional sale of a Product from the collection, the Internet user can order any product appearing in the permanent catalog. Only the confirmation sent by LASTRATE when placing the order can guarantee the availability of the product. In the event of unavailability of the Product after the order, the Customer will be informed by e-mail or by telephone of the delivery of a partial order or of the cancellation of his order.

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5. Price

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The selling prices of the Products offered on the Site in the Sales Sessions are indicated in Euros and increased by the VAT rate applicable on the day of the order.

Price to pay: The price to pay is the price indicated on the Site in the Product sheet, increased by ancillary costs (in particular delivery costs and service options) communicated when ordering. It can be reduced by a discount (for example promotional codes or vouchers). The price will only be final upon confirmation of the order. All prices are displayed on our Site in euros and include all taxes ("TTC").

Promotional codes or vouchers: the CUSTOMER may benefit from promotional codes or personal and non-transferable vouchers that he can use when validating his order by entering their reference in the purchase form. It is specified that promotional codes or vouchers are only valid for the period indicated by the company to the CUSTOMER.

Shipping costs: The shipping costs are due for each order placed. The exact amount of shipping costs depends on the delivery method chosen, the place of delivery of the order and its content. The amount of the delivery costs will be indicated in the basket and will be subject to the Customer's approval prior to the validation of the basket. To obtain an estimate, the Customer can carry out a simulation of his purchases on the Site. In any case, this indication remains an estimate and only the price retained during the validation of the basket has contractual value, except for exceptions such as delivery difficulties or special delivery methods that may generate additional costs.

Discount and VAT: Orders are payable immediately. There will be no discount applied. Excluding VAT, the LASTRATE company is not subject to VAT, which is therefore not invoiced.

Price variations: The prices of the Products appearing on the Site are subject to change. LASTRATE reserves the right to modify prices without notice, in particular in the event of labeling errors. Subject to the following, the prices appearing at the time of purchase are the prices applicable to that purchase. Although the website has been compiled with care, the prices indicated may contain errors. LASTRATE is in no way bound by its offer and reserves the right to cancel the customer's purchase when such an error occurs.

Foreign currencies: The prices are indicated in Euro. If the payment currency differs from the currency in which the prices appear, the Customer's bank will apply its exchange rate in force on the date of purchase, which is beyond LASTRATE's control.

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6. Terms of payment

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Once the T & Cs have been validated, the CUSTOMER proceeds to payment for his order by credit card via Stripe, a third-party service provider ensuring the security of transactions. The CUSTOMER must have the following debit or credit card: Carte Bleue®, MasterCard®, VISA® and American Express®.

Payment for goods can be made by credit card for the whole of the Territory. The Customer indicates his contact details, validates the basket and the total price. He validates his order then is redirected to a page of our partner Stripe where he provides information relating to his credit card. LASTRATE's receipt of a confirmation validates the sale. The sale is then concluded under the suspensive condition of the availability of the product and therefore of the receipt of a confirmation sent by LASTRATE to the email address indicated by the Internet user during the purchase.

LASTRATE retains ownership of the goods sold until delivery of the goods to the customer or to the recipient designated by the customer. Failure to pay by one or the other may result in the claim of the goods. These provisions do not preclude the transfer to the Internet user, upon delivery, of the risks of loss and deterioration of the goods purchased as well as of the damage they could cause.

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7. Payment security

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LASTRATE has chosen efficient and rigorous tools in terms of securing means of payment. LASTRATE has adopted a solution for means of payment using the SSL (Secure Socket Layer) encryption process, one of the most efficient security systems at present, and which establishes an encrypted connection directly between the Customer and the bank.

LASTRATE has in no way access to confidential information relating to the means of payment that the Customer uses during payment. This is why the Customer's bank details will be requested for each new order.

Although LASTRATE uses encrypted security software, the security of information and payments transmitted over the Internet or via e-mail cannot be guaranteed. LASTRATE cannot be held liable for damages resulting from the use of electronic means of communication, including - but not limited to - damages resulting from a failure or delay in the transmission of electronic communications, from interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and for the transmission of viruses.

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8. Delivery

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8.1 Terms of delivery

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Products are shipped to the Territory defined in these General Conditions.

Delivery is made by Courier or Delivery Person, at the Customer's choice among the delivery methods offered and determined according to the weight and dimensions of the package. The delivery of each product making up the basket can be done independently. The Customer must carefully fill in all the fields of the delivery form at the time of ordering, including his delivery details and indicate a landline or mobile phone number. Neither LASTRATE nor the transport company can be held responsible for the impossibility of delivery due to an imprecision or error in the delivery address.

Delivery man: delivery can be made by a delivery man for large or heavy packages. In this case, the Customer is contacted either by e-mail or by telephone directly by the Delivery Person so that they can agree on a delivery appointment (hereinafter, the “Appointment”). During this contact, the Customer must expressly point out all the difficulties of access or passage that the Deliverer could meet during the delivery (including if they were previously indicated on the order form). The Customer is in particular required to measure the access passages from his home in order to confirm to the Deliverer his accessibility to the Product ordered. All additional delivery costs necessary for the rental of specific equipment (such as forklift trucks) to deal with access difficulties specified by the Customer must be validated and paid by the latter prior to delivery.

Courier: the smallest or lightest packages can be delivered by courier. The Customer must indicate a delivery address at which a natural person can receive the package during the first delivery (for example: place of work, home of a friend or family member, concierge, etc.).

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8.2 Delivery times

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The delivery times indicated during the validation of the order are calculated in working days and are specific to each Product. Due to the variety of supply areas, manufacturing and logistical constraints, these deadlines are likely to vary and LASTRATE cannot be held responsible.

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8.3 Additional costs

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In the event of impossibility of delivery on the day of the Appointment due to inappropriate information, difficulties of access or passage not previously reported by the Customer or the absence of the Customer at the Appointment in violation of the commitments made during the contact, new delivery costs may be invoiced by LASTRATE, who will contact the Customer for payment of these new delivery costs before any new delivery of the Product. In the event of non-payment of these costs, LASTRATE reserves the right not to proceed with the delivery of the Product. The risks of damage resulting from these constraints will also be borne by the Customer.

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8.4 Postponement of the delivery date / Change of delivery location

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If the Customer wishes to change the delivery address or postpone the delivery date, he must notify LASTRATE as soon as possible and at the latest seven (7) working days before the planned delivery date. To inform LASTRATE, the Customer must use the “Contact” section made available on the Site. He must recall his order number, the Product concerned and indicate his comments justifying the modifications. LASTRATE will then confirm its acceptance or its reasoned refusal, by e-mail or telephone as soon as possible.

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8.5 Receipt of ordered products

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Upon delivery, the Customer must unpack the Product in the presence of the Deliverer / Courier and check that the Product delivered corresponds to his order and that no damage affects his Product before signing the delivery note. In the event of an anomaly, the Customer must precisely enter the nature of his reservations on the delivery slip. These reservations must be handwritten, dated, detailed and accompanied by a signature on the delivery slip. The words "damaged product", for example, are not sufficiently explicit. The Customer must provide information on the nature of the damage: scratches, dents, stains, etc. Likewise, if a delivery error is noted, the Customer must specify the nature of the error: wrong color, round feet instead of squares, wrong reference, etc.

In the event of error or damage, the Customer must imperatively refuse the Product and send us his reservations within five (5) days by e-mail via the “Contact” section of the Site and simultaneously by registered letter with acknowledgment of receipt to the address given below: Lastrate Service Clients, 27 rue de l'Arquebuse, 51100 Reims.

Any complaint sent beyond these deadlines cannot be accepted. If the Customer does not express any reservations, the Product delivered is deemed to be satisfactory and cannot be the subject of any subsequent dispute. For example, the Customer may not make reservations either with LASTRATE or with the Delivery Person / the Courier, after the departure of the Delivery Person / the Courier, even if the package has not been opened in the presence of the latter.

Apart from cases of lack of conformity or hidden defects, no complaint and / or subsequent reservation will be accepted by LASTRATE, after receipt of the Products by the Customer, if the latter has not complied with the procedure described above.

 

9. Cancellation Returns and Right of Withdrawal

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CANCELLATION

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The Customer has the option of canceling any order for products, without giving any reason, provided that it has not already been shipped.

To request an order cancellation, the Customer contacts LASTRATE by e-mail via the “Contact” section of the Site.

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WITHDRAWAL

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The Customer has 14 (fourteen) working days from receipt of the goods to return their order for any reason. Under Belgian law, Belgian Customers have fifteen (15) days to exercise this right. In the event of withdrawal, all return costs will be borne by the customer. This period is calculated as a working day: if the deadline expires on a Saturday, Sunday or public holiday, the period is extended until the next working day at midnight. In order to facilitate the handling of the Customer's withdrawal request, it is possible to send such a request to LASTRATE through the “Contact” section made available to the Customer on the Site.

The procedures for exercising the right of withdrawal are as follows:

For bulky and / or fragile Products, delivered via a specialized transporter (hereafter referred to as the “Deliverer”) or those delivered by Courier, the Customer must contact LASTRATE in order to organize the return of the Product. For a return from home, The Deliverer will make an appointment with the Customer and then check at his home that the Product is in new condition and returned in its original packaging. The Product must not bear any traces of use and must be accompanied by any accessories and instructions for use or assembly. If these conditions are met, the Deliverer will take back the Product.

LASTRATE will carry out quality control of the Product at the warehouse. The Products must be in new condition, returned in their original packaging, without any trace of use, be accompanied by any accessories and instructions for use or assembly. It is only after having verified that these conditions are met that LASTRATE will refund the sums received for the returned products. If the conditions mentioned are not met, the Customer's reimbursement will be reduced by the amount corresponding to the loss in value of the Product, noted during the inspection.

Once the Products have been returned in accordance with the procedure described above, the refund (not including the initial shipping costs of the Product) will be made within a maximum period of thirty (30) days following the date of receipt by LASTRATE of Returned Products. Beyond this term, these sums are productive of interest at the legal rate. Return costs are always the responsibility of the Customer. Throughout the procedure, the Customer will be informed by e-mail of the receipt of his wish to withdraw, of the return of his parcel as well as of the date of reimbursement.

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10. Hidden defects

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LASTRATE guarantees the Customer against all the consequences of hidden defects which may affect the Products sold, unless otherwise specified on the Site in accordance with the provisions of French law.

The guarantee for hidden defects only applies if the Internet user proves that the defect he has identified already existed before LASTRATE delivered his product to him. It is up to the Internet user to have the product appraised at his own expense to obtain proof of the existence of the hidden defect.

LASTRATE's liability can never exceed the value of the item in question. In addition, no other compensation can be claimed by the Internet user other than those expressly provided for by the Consumer Code.

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11. Intellectual property

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LASTRATE is a protected trademark registered with the INPI and http://www.lastrate.fr is a domain name also protected. They are the exclusive property of LASTRATE and cannot be used without our prior consent. Any link with other sites without the prior agreement of LASTRATE is strictly prohibited.

The graphic and editorial elements presented on the Site are the property of LASTRATE and protected by copyright. The presentation of the products (photographs, videos, drawings, product sheets, etc.), whether they are for sale or not, are also the property of LASTRATE or its partners (designers, suppliers, etc.) and therefore cannot be reproduced without the express permission of their respective owner (s). Any copy or reproduction, any use of all or part of our graphic and / or editorial elements or of any presentation of our products is strictly prohibited and constitutes an infringement of our intellectual property rights which will be prosecuted and sanctioned as such. .

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12. Confidentiality

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In application of the law n ° 78-17 of January 6, 1978, it is recalled that the personal data which are requested from the purchaser are necessary for the treatment of his order.

LASTRATE undertakes to only use the confidential information of its Internet users within the framework of the operation of its Site. Within the framework of partnerships, LASTRATE may rent, sell or use its client file in partnership with other companies. The use of the contact details of Customers / members will therefore be made in accordance with the expression of their preferences during registration.

At the first request of the Internet user wishing to no longer appear in the LASTRATE database, we undertake to deactivate all contact details and information relating to the member concerned.

LASTRATE may apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the site, for example by tracking the number of visitors to the site.

Furthermore, LASTRATE only collects personal data such as surname, first name, address and e-mail address if the latter are given to it voluntarily by the visitor. The data collected in this way cannot be used for commercial purposes other than those referred to on the site or which could be developed subsequently by LASTRATE.

None of the information may be transferred to third parties without the express consent of the member when registering or subsequently in his data management space. Each member has the right to access, modify, rectify or delete data concerning him (article 34 of the Data Protection Act). To exercise this right, you should contact LASTRATE by sending an email to contact@lastrate.fr or, at any time, by modifying your data in “My account”.

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13. Litigation and Liability

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The Customer is required to check the completeness and veracity of the information he provides to LASTRATE when ordering and in particular the delivery address. LASTRATE cannot be held responsible for any data entry errors which could cause delivery errors. LASTRATE cannot be held responsible for the failure by the Customer to respect the delivery terms and the appointment that he will have himself fixed with the carrier. Where applicable, the costs necessary for the return and storage of the products will be borne by the Customer. Without limiting the preceding paragraphs, LASTRATE's liability may not exceed an amount equal to the amounts paid or payable during the transaction giving rise to said liability, whatever the cause or form of the action concerned. All irresistible, unforeseeable and beyond the control of the parties, especially in the event of a total or partial strike by carriers, riots, war and natural disasters, are considered as fortuitous events or force majeure exonerating liability.

The choice and purchase of goods by the Customer are under his sole responsibility. Consequently, the total or partial inability to use the Products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the liability of LASTRATE, except in the case of a hidden defect. proven, of non-compliance, defect or exercise of the right of withdrawal provided for by the French Consumer Code.

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14. Dispute Resolution

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The General Conditions will be executed and interpreted in accordance with French law. The parties will seek, before any dispute, an amicable agreement being reminded that the latter does not interrupt the deadlines to act as a guarantee. Any dispute of any kind or any dispute relating to the formation or execution of the order, even in the event of recourse in guarantee or of multiple defendants, will be in the absence of an amicable agreement under the exclusive jurisdiction of the courts in whose jurisdiction LASTRATE's head office is located. The jurisdiction of the courts will be in accordance with the rules of the Code of Civil Procedure when the buyer does not have the quality of professional.

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15. Language

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The General Conditions, orders, correspondence e-mails as well as the sales contract concluded with the Customer are in French for the Territory.

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16. Severability of clauses

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If for any reason one (or more) of the clauses of these General Conditions of Sale were to be pronounced as null, unenforceable, null and void, illegal or inapplicable due to a law, a regulation or following a final decision of a competent court, this modification cannot call into question the validity, legality or applicability of the other provisions of these General Conditions and will not exempt the Internet user from the performance of his contractual obligations.