Website terms and conditions of supply
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.lacoquette.com (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1.INFORMATION ABOUT US
1.1 www.lacoquette.com is a site operated by GT Trading (Europe) Limited (we). We are registered in England and Wales under company number 01568243. Our main trading address is as per our registered office address. We are not registered for VAT in the UK.
2. SERVICE AVAILABILITY
Our site is only intended for use by people resident in the United Kingdom and EU and over the age of 18 due to some of our site’s adult orientated content.
3. YOUR STATUS
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old; and
(c) You are resident in the UK or EU; and
(d) You are accessing our site from the UK or EU.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. CONSUMER RIGHTS
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within 7 working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products or may exchange for other Products in accordance with our refunds policy (set out in clause 9).
5.2 To cancel a Contract, you must inform us in writing by emailing email@example.com within seven working days from the day after you received the Product(s), stating the reason for returning the Product(s) and describing any fault that may be relevant and full details and quantities of any Product(s) that you would like as an exchange.
You will then receive a Return Authorisation Number (RAN). You must also return the Product(s) to us immediately, unopened, unused, undamaged, with all security seals intact, in the same condition in which you received them, at your own cost and risk and with the RAN clearly visible on the outside of the return packaging to the return address provided. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6. AVAILABILITY AND DELIVERY
We will make all reasonable efforts to dispatch your order within 24 hours of receipt of your order or, if this is not possible, as soon as reasonably practicable thereafter. In any case, your order will be fulfilled within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances such as non delivery by Royal Mail.
Once items are passed to Royal Mail for Delivery they become the responsibility of Royal Mail (or other courier service) to deliver. We recommend using a tracked service if you want your item sooner or to know where the order it throughout its time with Royal Mail.
7. RISK AND TITLE
7.1 The Products will be at your risk from the time of dispatch.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices exclude delivery costs, which will be added to the total amount due
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 Payment for all Products must be by credit or debit card. We accept payment with Visa, MasterCard, Delta, Switch, Maestro, Visa Electron or Solo cards. Your card will be charged following its authorisation at the time the order is placed.
9. OUR REFUNDS AND EXCHANGE POLICY
9.1 When you return a Product to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation by emailing us at firstname.lastname@example.org and we have issued a RAN. In this case, we will refund the price paid for the Product(s) in full. If we paid for the postage cost at our own expense, we will deduct this postage cost from the value of your Product(s) refund. However, you will be responsible for the cost of returning the item to us in all cases. No refund will be processed by us unless we are in receipt of the Product(s) in its original condition in accordance with clause 5.2 above.
(b) because you claim that the Product is defective, please first inform us in writing as soon as possible and before the expiry of our 30 day product guarantee (beginning from the day of the Despatch Confirmation) by emailing us at email@example.com and describing the fault. Upon issue of a RAN, please return the Product(s) immediately in a clean, hygienic and sanitised condition in their original packaging and with all manuals and chargers included to the return address provided via a signed for method of postage. We will examine and test the returned Product and, if indeed it is found to be defective, we will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a confirmed defect will be refunded in full if found to be defective.
(c) because you claim that the Product is defective, and in accordance with the procedure detailed in clause 9.1(b) above, but that subsequent testing shows the Product not to be defective at all, we will return the goods and no refund or exchange will be offered.
9.2 We will refund any money received from you (less any applicable charges for postage costs incurred by us in accordance with our policy above) using the same method originally used by you to pay for your purchase.
9.3 When you return a Product to us and require an exchange:
(a) If you want to exchange the returned item please provide full details of the replacement products, including product name, colour choice (if applicable) and quantity required. This must be included in your email to firstname.lastname@example.org to ensure processing of the exchange. We will only despatch exchanged goods once we are in receipt of the original returned order and are satisfied that it meets our returns criteria. Where the value of the exchanged goods is less than the value of the original purchased item(s) we will credit the original card used to make the transaction with the difference, less the additional postage cost borne by us to send the exchanged goods to you. Unfortunately, where the value of the exchanged goods is more than the value of the original purchased item(s), we cannot debit your card with the additional expense. Instead we will refund the value of the original transaction and ask you to submit a new order through the website in the usual way. Additional postage costs for exchanged items will be borne by you and offset against any refund value.
(b) If you require an exchange of a faulty product, exchanges will be done on a like-for-like product basis only once tests have been carried out confirming the fault. If our testing shows that the product is not defective we will return the goods to you and no refund or exchange will be offered. .
10. OUR LIABILITY
10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied for a period of 30 days following Dispatch Confirmation.
10.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
10.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11. WEBSITE OFFERS AND PROMOTIONS
11.1 We reserve the right to modify or discontinue offers and promotions at any time without notice.
11.2 No substitutions, transfer rights or cash equivalents will ever be given.
11.3 Coupon codes and discounts only valid at www.lacoquette.com
12. WEBSITE USE
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you 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. This condition does not affect your statutory rights.
All notices given by you to us must be given to GT Trading (Europe) Limited at Suite 504, 20 Palace Street, London. or to email@example.com as applicable. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving 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 placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. EVENTS OUTSIDE OUR CONTROL
15.1 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).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to 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 endeavours 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.
16. ENTIRE AGREEMENT
16.1 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract.
17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
17.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us.
18. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.