I. CONDITIONS OF SALE

 

Last update: December 31, 2021.

These general conditions of sale ("Conditions of Sale") establish the terms in accordance with which we supply the products ("Product" or "Products") listed on our website www.lapisera.com ("our site").

Read these Terms of Sale carefully before ordering Products from our site. These Terms of Sale tell you who we are, how we make our Products available to you, how the contract can be terminated at your initiative and ours, what to do in the event of a problem, and tell you other important information. If you do not agree to these Terms of Sale, you must not order any Product from our site.

In Section A of these Terms of Sale, the promotions we are currently running are described. Any purchase made in connection with these promotions is governed both by Section A and by the general conditions of sale set out in Section B and you must therefore carefully read these two Sections before ordering Products allowing to benefit from a promotion. If the Products you wish to order do not qualify for a promotion, you can ignore Section A.

 

SECTION A - CURRENT PROMOTIONS

Any order for Products placed within the framework of a promotion described in this Section A is governed by the terms set out in this Section A as well as by the general conditions set out in Section B below.

Welcome offer

To welcome you to lapisera.com, we are offering you a 15 € reduction with the code that you will receive if you subscribe to our newsletter. This offer cannot be combined, valid from 100 € of purchase excluding delivery costs, for any first order only at lapisera.com.

100 € offered for the purchase of a bed and a mattress

This promotion is valid from September 29, 2020. This offer applies only once (100 € maximum reduction) directly to the basket and excludes single beds, children's beds, single mattresses, and products already benefiting a reduction. This offer cannot be combined with other discount coupons. lapisera.com reserves the right to modify the general conditions of the offer or to stop the promotion at any time.

 

1.GENERAL

1.1. Referral codes should be shared in a personal and appropriate manner for communication with friends, colleagues or family members. In particular, referral codes must not be shared on consumer forums, distributed by chain emails or spam, or given to people who are not part of your circle of friends, colleagues or members of family. If you submit a friend's email address, you confirm that you have that person's prior consent, or you reasonably believe that they will appreciate receiving the invitation.

1.2. You must not use your referral code to generate referral rewards and friendly rewards for yourself.

1.3. Eligibility for Referral Rewards and Friendly Rewards may be subject to review or verification. We reserve the right to delay issuing such rewards as part of further investigation, when we have suspicion, and may refuse to issue or cancel rewards that have been issued, or even suspend an account. user when we determine, in our sole discretion, fraud, abuse or violation of these terms. Any decision we make will be final and final.

1.4. We may change the terms of the "Invite a Friend" program, terminate the program, or suspend a user's ability to participate in the program, at any time and for any reason.

 

 

SECTION B - GENERAL CONDITIONS OF SALE

Last updated: December 31, 2021.

 

1. INFORMATION ABOUT US

1.1 www.lapisera.com is a website operated by GALAXY ICT CONSULTANCY LIMITED ("we", "our / our"). We are registered as a UK company under number 10410034. Our registered office is at Network Business Centre 5-7, Kingston Hill, Kingston Upon Thames, England, KT2 7PW.

 

2. ORDER PRODUCTS

2.1 You can order Products from us by following the procedure described on our site. You acknowledge that by placing an order on our site, you are obligated to pay for the Products ordered if we accept your order.

 

2.2 Our ordering procedure enables you to check and correct any errors before sending us your order. Take the time to read and verify your order every step of the way.

2.3 All orders are subject to our acceptance. After receipt of your order, we will send you a confirmation e-mail which will constitute our acceptance. The contract between you and us will not be concluded until we have sent you this email. The payment of the price of the order by the method of payment of your choice will be executed as soon as we have accepted your order. We will send you another email as soon as your order has been shipped.

2.4 Unfortunately, we can no longer cancel an order once it has been dispatched. If you change your mind about your order when it has already been shipped, you may refuse delivery or return the Products to us in accordance with the returns policy, which is set out in clause 9 below.

2.5 Before ordering Products from us, it is your responsibility to check and ensure that you are able to receive the Products ordered, and in particular to verify that they will easily fit into the room of your choice, that they are suitable for this room and they can go through your apartment or room door, stairs and doors, and no other issues are likely to complicate or make delivery impossible.

2.6 You must keep the contact details you have given us up to date so that we can contact you if necessary regarding your order or the delivery of the Products.

 

3. AVAILABILITY

3.1 All orders for Products are subject to the availability of the Products ordered and the materials from which they are made. If, for any reason whatsoever, the Products you have ordered are not available or their delivery is delayed, we will notify you as soon as possible after receiving your order.

 

3.2 If we are unable to supply a Product, for example because it is no longer in stock with the manufacturer or due to a pricing error (see clauses 5.4 and 5.5 below), we will notify you by e-mail and will not proceed with your order. If you have already paid for the Product, we will refund you the full price as soon as possible.

 

4. IMAGES AND DIMENSIONS OF THE PRODUCTS

4.1 The images of the Products presented on our site are only indicative. Although we make every effort to display colours accurately, we cannot guarantee that your computer will display colours accurately or provide satisfactory colour rendering for the Products. The Products delivered to you may differ slightly from those shown in the pictures.

 

4.2 Although we make every effort to be as precise as possible, the dimensions indicated on our site, including weights, dimensions, and capacities are only approximations.

 

5. PRICE OF PRODUCTS

5.1 The price of any Product is that which is indicated on our site, except in the case of manifest error.

 

5.2 The price of any Product may change at any time, but no modification will affect an order already accepted by our services.

 

5.3 The price of the Products is inclusive of VAT (when VAT applies) but excluding delivery costs, which are added if necessary to the price of the Products and indicated as part of the total amount due during the ordering procedure. To find out the delivery costs of a product, see our Delivery page.

 

5.4 Due to the large number of Products presented on our site, it is always possible that, despite our best efforts, the price of some of them is incorrect. In principle, we verify prices as part of our order processing process so that, in the event that the price of a Product is lower than the stated price, we charge the lower amount upon shipment of the Product. If the exact price of a Product is higher than the price indicated on our site, we are free to contact you and ask for your instructions before shipping the Product, or to reject your order and advise you of its rejection.

 

5.5 If the pricing error is obvious and flagrant and you yourself could have easily noticed that it was an error, we have no obligation to deliver the Product to you at the wrong (lower) price. and this, even after sending the acceptance of your order.

 

5.6 By placing your order on our site, you expressly mandate lapisera.com to carry out or have carried out, in your name and on your behalf, any customs clearance operations resulting from your purchase and all the related formalities with the services of customs, including the payment of duties and taxes and, where applicable, any requests for reimbursement of duties and taxes (for, in particular, returned goods). This mandate given by you implies for lapisera.com to carry out or have carried out customs clearance operations in accordance with the rules of the art and with selected service providers, the customer remaining the importer and the actual recipient of the products ordered within the meaning of customs regulations.

 

6. HOW TO PAY

6.1 We accept the payment methods indicated on our site. The Products and applicable delivery charges must be paid to us prior to delivery of the Products.

 

6.2 By sending us an order on our site, you confirm that the payment information provided with your order is valid and accurate.

 

Payment in 3x free of charge from 300 €

The 3x Oney solution is offered by Oney Bank SA (“Oney”). The general conditions of use of the 3x Oney payment option are detailed below. Visit www.oney.fr for more information.

 

Our partner Oney Bank offers you a financing solution called 3x Oney, which allows you to pay your purchases from € 300 to € 4,000 in 3 installments free of charge with your bank card.

 

Conditions: This offer is reserved for individuals (adult individuals) residing in France and holders of a Visa and MasterCard bank card with a validity date greater than the duration of the financing chosen. Systematic authorization cards, in particular of the Electron, Maestro type , Nickel etc… as well as e-cards, Indigo and American Express cards are not accepted.

 

Terms of subscription: After completing your order, simply click on the "3x Oney payment by credit card button". You are then redirected to our partner's 3x Oney web page displaying the detailed summary of your order and the personalised financing request, which you must then validate. You enter your personal information or, if you have a 3x Oney account, you identify yourself using the login details linked to your 3x Oney account. You read the general terms of payment in several instalments to which you wish to subscribe which are provided to you in PDF format so that you can read them, print them and save them before accepting them. You then notify your electronic acceptance by the corresponding checkbox. You acknowledge that the "double click" associated with the checkbox on becoming aware of the general conditions constitutes consent to contract and constitutes an irrevocable and unreserved acceptance of the general conditions of the product. Unless proven otherwise, the data recorded by Oney Bank constitutes proof of all transactions between you and Oney Bank. If you request to benefit from a financing solution offered by Oney Bank, the information relating to your order will be transmitted to Oney Bank, which will use it for the purpose of studying your request for the granting, management and credit recovery. Oney Bank reserves the right to accept or refuse your request for 3x Oney financing. You have a 14-day withdrawal period to give up your credit.

 

Operation: Payment in 3 instalments free of charge by credit card allows you to pay for the order made on our merchant site as follows: - a mandatory contribution, debited at the time of the validated transaction; - two or three monthly payments, each corresponding to one third of the order, taken 30 and 60 days later for the 3 times. • Payment in 3 instalments from € 300 of purchase and up to € 4000. Example: For a purchase of 300 €, contribution of 100 € then 2 monthly payments of 100 €. Credit over 2 months at a fixed APR of 0%. Cost of financing 0 €.

 

Oney Bank - SA with capital of € 51,286,585 - Headquarters: 34 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - Orias n °: 07 023 261 - www.orias.fr - Correspondence: CS 60006 - 59 895 Lille Cedex 9 - www.oney.fr

 

7. DELIVERY

COVID-19 information: in the current context, we have to change our delivery methods. More information here.

 

7.1 We offer a delivery service with the deadlines indicated for each Product offered on our site. We draw your attention to the fact that the delivery times indicated are estimated times. To find out about the delivery of our Products, see the information presented on the Delivery page of our site.

 

7.2 We draw your attention to the fact that we mainly deliver to addresses located in mainland United Kingdom. For European countries, United States, and rest of the world we will proceed to complete necessary selling procedures and keep in touch with you.

 

7.3 Your estimated shipping date will be shown to you in a shipping confirmation emailed to you. This shipping date corresponds to the date on which we expect to send the Products to our delivery partner. Visit the Delivery page of our site to learn more about our shipping and delivery process and the expected delivery time after the Products have been shipped. Although we make every effort to ensure that the Products are dispatched and delivered to you within the estimated time frame, we unfortunately cannot guarantee that they will not be affected by unforeseen problems related to their manufacturer or to our delivery partners. If we are unable to meet the estimated shipping or delivery date, we will contact you and provide you with a new estimated date.

 

7.4 Delivery is made when we deliver the Products to the address you have given us. If no one is present at your address to take delivery of the order, we will leave you a notice telling you how to proceed to arrange a new delivery. If, after three attempts on our part, you have not taken delivery of your order, we will consider the contract to have been cancelled at your initiative in accordance with the terms of clause 9 below.

 

7.5 You can track the status of your order at any time by logging into the My Orders section of your account on our site. If you have difficulty finding the status of your order or tracking its progress, contact our Customer Service team by proceeding as described in clause 23.

 

8. RISK AND OWNERSHIP

8.1 Ownership of the Products passes to you once we have collected all sums due for the Products, including delivery costs.

 

8.2 The Products are your responsibility from the moment you (or a third party other than the carrier and indicated by you) take physical possession of the Products.

 

9. CANCELLATION, RETURN AND REFUND POLICY

9.1 We hope you are satisfied with all your shopping. If, however, your Products do not meet your expectations, you can return them to us in accordance with the terms below or in accordance with your legal rights.

 

Right to retract

9.2 You have a legal right to change your mind and cancel the contract concluded between you and us within 30 days of delivery of your Products without giving any reason. For “One by lapisera.com” mattresses only, this period is extended to 101 days from delivery. The right of withdrawal, provided mainly in articles by United Kingdom government, Consumer Article L121-21 of the French Consumer Code and in Article VI.47 of the Belgian Code of Economic Law, is explained in more detail in this clause 9. We draw your attention that the right to change your mind applies in the same way to gift vouchers you buy from us but not to Custom Products you buy from us (i.e. Products that we create according to your specifications or that are clearly personalized).

 

9.3 The withdrawal period expires 30 days (or, concerning “One by lapisera.com” mattresses only, 101 days) after the date on which you take, you or a third party other than the carrier and indicated by you, physical possession of the Products. In the event that you order several Products in a single order or if a Product is delivered in several parts, lots or pieces, the cancellation period expires 30 days from the date on which you or a third party other than the carrier and indicated by you, physical possession of the last part, the last batch or the last piece of Product which constituted your order.

 

9.4 To exercise your right of withdrawal, you must inform us of your decision to cancel your contract with us by clearly indicating it (e.g.: letter sent by post, email, or phone call). The easiest way to do this is to contact our Customer Service team, the contact details of which can be found in clause 23. You can, if you only wish, use the standard cancellation form below:

 

9.5 To comply with this withdrawal period, all you have to do is send your message concerning the exercise of your right of cancellation before the expiration of the said cancellation period.

 

Consequences of withdrawal

9.6 If you cancel your contract with us, we will refund all sums you have paid to us, including delivery costs (provided that we reserve the right not to reimburse you for any additional costs due to you, by your choice, a type of delivery other than the cheapest standard delivery method we offer). We might need to reduce some of the irrevocable cost from original refunding value.

 

9.7 We will reimburse * without undue delay, and at the latest: (a) 30 days after the day of receipt by our services of the Products that we have provided to you, or (b) 30 days after the day on which you present us proof of return of the Products (whichever comes first) or (c) if no product has been supplied, 30 days after the day on which you informed us of our decision to cancel this contract.

 

* Please note that the amount of promotional codes or coupons used during your order will be deducted from the refund of this purchase if applicable.

 

9.8 Unless you expressly agree otherwise, we will process the refund using the payment method you used for the original transaction; in any case, this refund will be made at no cost to you.

 

9.9 We may defer reimbursement until we have received the Products or, whichever comes first, until you provide us with proof of their return.

 

Defective products or not as described

9.10 If you return the Products to us because they are defective or do not match the description, we will refund: the full price of the Product and any applicable delivery charges; and any reasonable costs you would have incurred in returning them to us (other than the costs you incur in returning the Products to us in person). As a consumer, you will always have legal rights in relation to Products which are defective or not as described. These legal rights are not affected by the returns policy set out in this clause 9 or any of the other General Conditions of Sale set out in this Section B.

 

9.11 To refund you * (see 9.7), we will use the payment method you used to pay us.

 

How to return the Products

9.12 If you change your mind and exercise your right of withdrawal under clause 9.2 above after delivery, then the Products must be returned to us. For that :

 

(a) for most small items and some medium size items, it is up to you to organize the return of the Products to be returned to us at our distribution centre or at one of our delivery partner's sites . In this case, the Products must be returned to us without undue delay and in any event no later than 30 days from the date on which you exercised your right of withdrawal. The costs of returning the Products, which vary from one article to another, are then at your expense: Where

 

(b) for certain medium-sized items and for most furniture, we can arrange for the Products to be collected from you. The cost of collection, which varies from one item to another, is then your responsibility, except in the case of “One by lapisera.com” mattresses, which we can pick up from you free of charge.

 

To learn more about the specific pickup and return charges that apply to different items, as well as returns and refunds, see our Returns and Refunds page.

 

9.13 If you exercise your right to return the Products in accordance with clause 9.11 because the Products are defective, because they did not conform to the description when delivered or because you have a legal right to return the Products As a result of an error that we have made after the Products have been dispatched, the Products must be returned to us. Depending on the items, you can arrange for their return yourself or we can arrange for their collection from you, as described in clause 9.13. However, in this case, the return or collection will be free of charge for you.

 

9.14 To organize the return or collection of the Products, contact our Customer Service team, the contact details of which are given below in clause 23.

 

9.15 Carefully open the packaging in which the Products are delivered and carefully replace them in their original packaging (or similar packaging) before returning them to us.

 

10. A. MATELAS ONE BY lapisera.com - 5-YEAR LIMITED WARRANTY

Notwithstanding your rights under article 15 below, our One by lapisera.com mattresses (and mattress covers) are covered by the 10-year limited warranty provided for in this article (the “Guarantee”).

 

10.1 Persons covered: The Guarantee applies to the first purchaser of a One by lapisera.com mattress, as it appears on the original invoice, and remains valid as long as this purchaser remains the owner of the mattress and for a maximum of 10 years. from the date of original purchase. The Guarantee cannot be assigned to a purchaser, assignee or subsequent user of the mattress. Keep a copy of your invoice as proof of purchase.

 

10.2 Covered products: The Guarantee applies to One by lapisera.com mattresses (and mattress covers) which are purchased directly on our site, on the condition that they are purchased, delivered and used in France or Belgium. It does not apply to other Products that we offer for sale on our site.

 

10.3 Scope of the Guarantee:

 

(a) This Warranty covers the following material and workmanship defects ("Defects"):

 

10.3.a.1 in the case of a mattress, any manufacturing defect which causes the foam to crack or give way, despite normal use and appropriate handling;

 

10.3.a.2 in the case of a mattress cover, any manufacturing defect which causes the cover to open or tear or else the zipper to function poorly, despite normal use and appropriate handling.

 

(b) This Guarantee does not cover:

 

10.3.b.1 conditions which result from normal wear and tear, your negligence, willful damage or misuse by you;

 

10.3.b.2 comfort preferences or the normal increase in softness of the foam and materials.

 

(c) In addition, the Guarantee is automatically cancelled in the following cases:

 

10.3.c.1 if the mattress has been used in a manner incompatible with its initial design, or in a manner contrary to our written or oral instructions concerning its storage, assembly or use (including the instructions contained in our FAQ section), for example if you use the mattress on an unsuitable base. One by lapisera.com mattresses are designed to be installed on a firm box spring which is structurally capable of supporting the weight of the mattress and its user (s);

 

10.3.c.2 if the mattress has been repaired or modified by someone other than lapisera.com or its authorized representatives or with the prior written consent of lapisera.com;

 

10.3.c.3 if the mattress has been soiled or rendered in a poor hygienic state, in particular by tears, burns, nicks, stains or damage caused by a liquid caused by you;

 

10.3.c.4 if you do not follow one of the procedures described below in clause 10.4 (Procedure for invoking the Guarantee).

 

(d) In the event of a dispute regarding the applicability of the Guarantee, we may request that the mattress be inspected by a recognized and qualified third party. You agree to provide reasonable assistance to us and to such third party to facilitate and enable this inspection.

 

10.4 Procedure for activating the Guarantee: To activate the Guarantee, you must follow the following procedure:

 

(a) notify us in writing of the Defect within 30 days of the date it was discovered or the date you reasonably should have discovered it;

 

(b) send us a copy of the invoice showing the original purchase date;

 

(c) return the mattress (or the mattress cover, if the latter is the carrier of the defect). We will contact you regarding these points within 30 days of receiving your notification and proof of purchase. In the event that transport costs are linked to the return from an address located in France or Belgium, these costs will not be payable by you. However, you will be responsible for the delivery costs of your replacement mattress. In addition, the cost of returning the mattresses from addresses outside France and Belgium are the responsibility of the customer (if we accept the return notwithstanding clause 10.2).

 

10.5 Recourse & liability

 

(a) In the event of a Defect which is covered by the terms of the Guarantee described above, we will provide you with a repaired or replacement mattress within 90 days of receipt of the original mattress. In the event that the mattress cover is the carrier of the Defect, we reserve the right to repair or replace only the mattress cover.

 

(b) Nothing in this clause 10 will diminish your legal rights regarding products that are defective or do not conform to their description. We do not exclude or limit our liability for any loss or damage resulting from the negligence of the manufacturer or distributor of the mattresses.

 

10. B. WARRANTIES OF SOFA, ARMCHAIR AND SOFA BED FRAME

10.1 For sofas, armchairs and sofa bed frames guaranteed for 10 years (valid from the date of delivery), you are covered against the following frame defects:

 

Loose joints

 

Wood break

 

Breakage of spring rails

 

10.2 How can I claim my warranty?

 

If you need to make a complaint, you can email us, open a live chat, or talk to us on the phone. Our opening hours are Monday to Friday 8:00 a.m. to 9:00 p.m.

 

You will need proof of purchase including your order confirmation.

 

Your warranty includes a repair service should your frame fail during the warranty period.

 

If the fabric needs to be replaced due to a frame repair it may not be the exact same fabric as the original, but we will do our best to find the closest one available.

 

If your product cannot be repaired, we will replace it with the same model. However, if your product is no longer available, we will exchange it for a specification or equivalent purchase value.

 

10.3 Your warranty will not cover you if:

 

The wood has been subjected to unfavourable humidity.

 

There is evidence of abuse, misuse, or use of the product in a non-domestic environment.

 

The product has not been properly maintained in accordance with our care instructions.

 

The product is in an unsanitary condition (caused by pets, for example). We also reserve the right to refuse to collect and / or dispose of any unsanitary product.

 

The product was exported outside of France or defined country.

 

11. PROMOTIONS

11.1 From time to time, we may organize promotions or offer other forms of operations to encourage you to purchase certain Products on our site (“Promotions”).

 

11.2 The duration of any Promotion, the conditions to be fulfilled in order to benefit from it and the Products covered by the Promotion will be indicated in Section A of these Conditions of Sale.

 

11.3 If you order Products under a Promotion, the conditions specific to that Promotion, which are set out in Section A above, and the terms and conditions set out in this Section B will apply. In the event of any inconsistency, the specific conditions of the Promotion indicated in the Section will prevail.

 

12. COMPETITION

12.1 From time to time, we may organize prize draws, contests or other quizzes (“Contests”) on our site.

 

12.2 We are free to determine the duration of the Contest, the conditions of participation in the Contest and the prizes which will be awarded to the winners or participants. This information will be posted on our Contest Conditions page.

 

12.3 We will make the rules for any Contest organized on our site available to you before you participate.

 

13. GIFT VOUCHERS AND DISCOUNT CODES

13.1 We may occasionally offer online gift certificates for sale on our site.

 

13.2 You can choose: (i) to have the gift voucher sent by e-mail to the recipient on the date of your choice; or (ii) print the gift voucher yourself. You can request a new shipment of the gift voucher or reprint it on our site from the "your account" section.

 

13.3 Gift certificates are valid for a period of one year from the date of issue and their period of validity cannot be extended.

 

13.4 The value of any gift voucher will be deducted from the total cost of your order. If you have money left to spend on your gift voucher, this balance can be used on a future order. There is no minimum purchase amount and the gift voucher can be used for any purchase, including delivery costs.

 

13.5 Gift certificates are offered in the fixed amounts indicated on our site.

 

13.6 Gift certificates and / or discount codes must not be posted on consumer forums; they will be immediately cancelled. You cannot use your own “Refer a Friend” gift certificate to generate rewards. Any attempt in this direction will result in the cancellation of the rewards of the customer concerned.

 

13.7 Only one discount code, i.e. one promotional code or one promotional offer, can be used per order (but you can additionally use any gift vouchers that you have purchased or that have been given to you ).

 

13.8 When you use a gift voucher and / or discount code, you warrant to us that you are the duly authorized recipient of that gift voucher or discount code (as applicable) and that you are using it in accordance with these Terms. of Sale, legally and in good faith. If we believe that a gift voucher and / or discount code is being used in violation of these Terms of Sale, illegally or in bad faith, we may reject or cancel the gift certificate or discount code (depending on the case).

 

13.9 If you have any difficulty redeeming your gift voucher or discount code, or have any questions, please contact us for our assistance.

 

13.10 Any order for Products placed using a gift voucher or discount code will be governed by these Terms of Sale.

 

14. YOUR INFORMATION

14.1 We process information about you in accordance with our Privacy Policy.

 

15 A. RESPONSIBILITY

15a.1 We have a legal obligation to supply Products which comply with the contract we have entered into with you.

 

15a.2 Our Products are designed for domestic use and we make no warranty regarding their performance in a commercial environment. Our responsibility towards you will not be engaged in the event of loss of profit, loss of activity, interruption of activity or loss of opportunities.

 

15a.3 If we breach a contract we have made with you, we will be liable for any harm or damage you suffer which is a foreseeable result of our breach of these Terms of Sale or of our negligence, but we will not will not be responsible for any unforeseeable harm or damage. Prejudice or damage is foreseeable if it is an obvious consequence of any breach on our part of the General Conditions of Sale or if it is defined as such at the time of conclusion of the contract.

 

15a.4 Within the limits provided by applicable law, the maximum amount of loss or damage for which we will be liable under clause 14.3 is limited to the price you paid for the Product at which the loss or damage that you suffered is bound.

 

15a.5 We cannot exclude or limit our liability in the following cases: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent statements; (c) liability imposed by the Consumer Rights Act 2015, the exclusion or restriction of which is not permitted under section 31 of the Consumer Rights Act 2015; and (d) defective products under the Consumer Protection Act 1987.

 

16 . LEGAL GUARANTEES

particular the legal guarantee of conformity provided for by articles of United Kingdom legislation,

 16b.1 Article 15A in no way affects your rights provided for by law, and in particular the legal guarantee of conformity provided for by articles L211-4 to L211-14 of the French Consumer Code and article 1649 quater of the Civil Code Belgian, and the legal guarantee against hidden defects provided for in articles 1641 to 1649 of the French and Belgian Civil Codes. These two legal guarantees apply independently of any commercial guarantee provided by the manufacturer of the product, and last for a period of two years. In terms of contact and customer services, UK legislation will be applied.

 

17. FORCE MAJEURE

17.1 Our responsibility cannot be called into question in the event of non-performance or delay in performance of our obligations under a contract which is caused by events of force majeure, in particular by natural disasters, fires, floods, harsh weather conditions, explosions, wars (whether declared or not), acts of terrorism, acts of central or local public authorities or any other competent authority, it being understood that: (a) we will take all reasonable measures to avoid or minimize the non-performance or delay; (b) in the event of failure to perform our obligations, we will reimburse you for all amounts paid under the relevant contract; and (c) in the event of a significant delay, you have the option of informing us of your decision to cancel your order and we will then reimburse you for all amounts paid under the contract in question.

 

18. DISPUTE RESOLUTION

18.1 If you have a dispute with us regarding the contract we have entered into with you, please contact us first at service@lapisera.com and try to resolve this dispute with us informally. You can also write to us at: GALAXY ICT CONSULTANCY LIMITED

Network Business Centre 5-7, Kingston Hill, Kingston Upon Thames, England, KT2 7PW

 

18.2 In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, lapisera.com adheres to the Service of United Kingdom legislation articles and the Mediator of e-commerce of FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows : 60 rue de la Boétie - 75008 Paris - http://www.mediateurfevad.fr/.

 

18.3 In the unlikely event that we are unable to resolve the dispute informally, we draw your attention to the fact that the EU offers an online dispute resolution platform that UK and EU consumers can discuss. disputes resulting from online purchases, and whose address is as follows: //ec.europa.eu/odr. You also have the option of resolving the dispute by taking legal action.

 

19. AUTONOMY OF PROVISIONS

19.1 Each of the provisions of these Terms of Sale operates separately. If a court or other competent authority decides that any provision of these Terms of Sale is illegal or unenforceable, the other provisions will remain in effect.

 

20. UPDATING OF THESE TERMS OF SALE

20.1 We may modify or update these Terms of Sale at any time for a variety of reasons, including: (a) a change in the way our organization operates; (b) change in legal or regulatory requirements with which we must comply; or (c) change in the payment methods we accept. However, each of your orders for Products will be governed by the terms and conditions published on our site at the time of the order.

 

21. RIGHTS OF THIRD PARTIES

21.1 Any Contract concluded between you and us is concluded only between you and us. No third party will have the right to invoke its terms.

 

22. ASSIGNMENT OF YOUR RIGHTS

22.1 We may assign our rights and obligations under the contract concluded with you to another organization and we will make every effort to notify you in writing if this occurs, without this affecting your rights or our obligations under the contract. We will use all reasonable efforts to notify you in writing if this occurs.

 

23. APPLICABLE LAW AND JURISDICTION

23.1 Depending on the country in which your usual place of residence is located, these Conditions of Sale are governed by French law or by Belgian law. This means that a contract for the purchase of Products on our site and any litigation or action that follows or is linked to it will be governed either by French law or by Belgian law.

 

22.2 Depending on the country in which you are domiciled, the French courts or the Belgian courts will have non-exclusive jurisdiction to hear any procedure relating to this contract.

 

24. CONTACT YOU

24.1 If we need to contact you or notify you of something in writing, we will do so by email or prepaid mail to the address provided in your order.

 

25. CONTACT US

25.1 If you have any questions regarding these Terms of Sale, send them to us by email at service@lapisera.com or contact us by phone at +44 203 445 6036 (Mon - Fri: 9 am to 5 pm). We will be able to help you.

 

26. EXCLUSIONS: B2B PURCHASES

26.1 The terms of this Article 24 apply to buyers who are defined as “consumers” under the UK Consumer Code and French Consumer Code (Preliminary Article).

 

26.2 Consequently, the terms that apply to consumers under England law and French law do not apply to purchases made by professionals for the purposes of their professional activity - in particular the right of withdrawal provided for in Article 9 or the legal guarantee. of compliance provided for in the Consumer Code, which is mentioned in Article 14.6 of these Conditions of Sale.

 

26.3 Notwithstanding the general rule provided for in Article 21 above, the parties expressly agree that, concerning B2B purchases, this contract is exclusively governed by French law and that, in the event of a dispute, the courts of Paris will be alone. competent.

 

 

II. TERMS OF USE

 

Last update: December 31, 2021.

 

These general conditions of use (“Conditions of Use”) explain to you the methods according to which you can use our website www.lapisera.com (“our site”).

 

Read these Terms of Use carefully before you start to use our site. By using our site, you indicate that you accept these Terms of Use and that you agree to abide by them.

 

1. INFORMATION ABOUT US

1.1 www.lapisera.com is a website operated by GALAXY ICT CONSULTANCY LIMITED

("we", "our / our"). We are registered in England under number 10410034. Our registered office is at Network Business Centre 5-7, Kingston Hill, Kingston Upon Thames, England, KT2 7PW

2. PURCHASE OF PRODUCTS At lapisera.com

2.1 The purchase of products on our site is governed by our Terms of Sale.

 

3. YOUR PERSONAL INFORMATION

3.1 When you contact us on the site, you may be required to provide certain personal information. We treat information about you in accordance with our Privacy Policy.

 

4. YOUR ACCOUNT AND PASSWORD

4.1 If you create an account on our site, you must treat your login information as confidential information. You must not communicate them to others.

 

4.2 We have the right to deactivate an account at any time if we have reason to believe that you have breached any of the terms of these Terms of Use.

 

4.3 If you know or suspect that someone other than you knows your login details, you must notify us as soon as possible at service@lapisera.com.

 

6. NOTIFICATION AND WITHDRAWAL POLICY

6.1 If you believe that the content available on the site:

 

(a) infringes your rights or the rights of a third party that you represent; Where

 

(b) is contrary to the Rules of Good Practice,

 

please notify us immediately using the report tool that appears next to each comment on the site.

 

6.2 When reporting content, please provide us with the following information in your notification: (a) your name and contact details; and (b) a statement explaining that you believe that the content about which you are contacting us: (i) infringes your rights; (ii) infringes the rights of a third party that you represent; or (iii) is contrary to the Rules of Good Practice.

 

6.3 We will take the measures we consider appropriate depending on the nature of the content so reported, which may mean taking no action in the event that we believe that the reported content does not infringe any rights and is not contrary to the Rules of good practice. We have no obligation to discuss with you the approach we decide to adopt after your report or to inform you.

 

7. INTELLECTUAL PROPERTY

7.1 We are the owner or the licensee of all intellectual property rights associated with our site and the materials published on it. These elements are protected by copyright laws and treaties around the world. All these rights are reserved. We allow you to access our site for your personal use only. Any other use of our site or its content is prohibited. This prohibition concerns, in particular but not limited to, the following actions:

 

(a) commercial use of content on our site;

 

(b) reproduction of the names, logos and trademarks lapisera.com and One by lapisera.com or any other content available on our site; and

 

(c) downloading or copying content from our site for you or for a third party.

 

7.2 If you wish to use the texts and images presented on our site for a use other than that described above, contact us at service@lapisera.com.

 

8. EXCLUSIONS AND LIABILITY

8.1 Access to our site is permitted on a temporary basis and we may limit or terminate access to our site at any time without prior notice. We decline all responsibility in the event that our site is unavailable at any time or for any length of time.

 

8.2 We have taken the greatest care in preparing the content of our site. However, we do not accept any responsibility for any errors or omissions or technical problems that you may encounter there. If we are made aware of any inaccuracies in the content of our site, we will attempt to correct them as soon as possible.

 

8.3 While we make reasonable efforts to ensure that each of the information presented on our site is accurate, this information is not subject to any guarantee or condition of any kind and the site is made available to you. STATE ". We are not responsible for any consequences that result from your reliance on the content of our site.

 

8.4 In any event, we will never assume any responsibility for User Content, and you use and rely on such User Content exclusively at your own risk.

 

8.5 We exclude all warranties and conditions that derive from statutory law,  Common Law or Equity, to the extent permitted by applicable law.

 

8.6 Because our site is offered free of charge, we can in no way be held responsible for prejudices or damages (direct or indirect) resulting from tort liability (including negligence), from a breach of a contractual or legal obligation. or (even if they were predictable) in connection with the use you make of our site or the information presented there.

 

8.7 If you are browsing our site as a consumer, then nothing in these Terms of Use or any other provision limits the consumer's legal rights which cannot be modified by these Terms of Use.

 

8.8 Nothing in these Terms of Use excludes or limits our liability for death or personal injury caused by our negligence or our liability for fraud or fraudulent statements on our part.

 

9. LINKS

9.1 The links offered from our site to third party websites are provided for convenience only. If you use these links, you will leave our site. We do not control and are not responsible for these websites, their content or their availability. We do not in any way endorse these sites and their content and make no representations about them. Access from our site to third party websites is done exclusively at your own risk.

 

9.2 You can create a link with the home page of our site (www.lapisera.com), provided that you act in a fair and legal manner and that this does not harm or take advantage of our reputation. . You must not create a link in such a way as to suggest any form of association, endorsement or guarantee on our part when one does not exist. You agree to remove from any website you own or control any link with our site upon receipt of a request to this effect from us.

 

10. MODIFICATIONS

10.1 We may modify these Terms of Use at any time by modifying this page. It is your responsibility to check this page from time to time in order to be informed of any changes made.

 

11. AUTONOMY OF TERMS

11.1 If a term of these Terms of Use is deemed invalid, the other terms will remain in effect within the limits provided by law.

 

12. APPLICABLE LAW AND JURISDICTION

12.1 Depending on the country in which you are domiciled, the French or Belgian courts will have non-exclusive jurisdiction to hear any action that follows or is linked to a visit to our site although we retain the right to institute proceedings against you for breach of these Terms of Use in your country of residence or in any other country concerned. Depending on your country of usual residence, these Terms of Use are governed either by French law or by Belgian law.

 

13. FEEDBACK

13.1 If you wish to send us your observations concerning our site, please contact us at service@lapisera.com.

 

III. CONDITIONS RELATING TO THE COMPETITIONS

 

These conditions relating to contests ("Conditions relating to contests") define the terms and conditions applicable to each raffle, contest or other game-contest (a "Contest") organized by us.

 

Details of each Contest we are currently running are set out in Section A below. If you wish to participate in a Contest, the special conditions which appear in Section A below apply. In addition, the general conditions set out in Section B apply to each Contest organized by us.

 

SECTION A - CURRENT COMPETITION

Any Contest described in this Section A is governed by the terms of this Section A as well as the general conditions set out in Section B below.

 

NOTICE ON TRUSTPILOT

 

1. INTRODUCTION

This contest is open to anyone who has placed an order on our site and posted a review on Trustpilot - an independent review site.

 

2. WINNERS

2.1 A winner will be selected from all eligible entries on the 1st of each month (or Monday following the 1st), at random from a list of notices made during the previous month.

 

2.2 The winners will be notified by the email address used on their lapisera.com account on the day of the draw.

 

3. PRICE

There is a total of one prize to be won per draw: an lapisera.com voucher of € 50, usable at one time and valid for 6 months, with no minimum purchase.

 

 

SECTION B - GENERAL CONDITIONS OF THE COMPETITIONS

 

Last update: October 6, 2020.

 

 

1. INTRODUCTION

1.1 Each Contest is offered by GALAXY ICT CONSULTANCY LIMITED, a company registered in England under number 10410034, registered office: Network Business Centre 5-7, Kingston Hill, Kingston Upon Thames, England, KT2 7PW telephone number: +44 203 445 6036, e-mail address service@lapisera.com 

 

1.2 By entering a Contest, all entrants are deemed to have accepted the special conditions of the Contests, which are set out in Section A above, as well as the general conditions set forth in this Section B. All instructions relating to entry apply. integral part of these conditions.

 

2. CONDITIONS

2.1 No entry form received after the closing date will be eligible to win a prize.

 

2.2 To participate in a Contest which is only held online, you must have an Internet connection, and to participate in a Contest which is only run on a social media platform, you must have a relies on the social media platform in question.

 

2.3 In the event that the prize involved in a Contest is unavailable, it will be replaced by a prize of equal or greater value. The prize cannot be replaced by a sum of money. Prizes are non-transferable and cannot be sold. lapisera.com reserves the right to replace them with a prize of equal or greater value. Unless otherwise agreed in writing by lapisera.com, the prize will only be awarded to the winner.

 

2.4 Each winner undertakes to participate in the reasonable advertising actions requested by lapisera.com in connection with the Competition. lapisera.com reserves the right to publish the name, a photograph and the city of each winner on its website, its Facebook page and / or its Twitter account or to announce the award ceremony for a period of one year to from the closing date.

 

2.5 The name and city of each winner are communicated on request by e-mail to service@lapisera.com.

 

2.6 The participation of agents and third parties, group participations or participations registered by means of macros, scripts or by using automated devices are not authorized, as well as mass participations.

 

2.7 All costs and expenses which are not included in the prizes awarded are the responsibility of the winner (s).

 

2.8 At any time, lapisera.com reserves the right:

 

2.8.1 verify the eligibility of a participant (including their age (if the Contest has age restrictions) and their place of residence);

 

2.8.2 to disqualify any participant who has participated in an abusive manner or who has altered the running of the Competition, or who has participated in it by using fraudulent means, or who has acted, according to the organizer, in a manner contrary to these conditions; and

 

2.8.3 disqualify entrants who provide false contact details or those who enter the Contest on behalf of someone else;

 

2.8.4 if a Contest is organized on one or more social media platforms of lapisera.com, on the one hand to disqualify any participant who posts at any time on these social media platforms an entry form or a comment which is, according to lapisera.com, inappropriate, offensive or upsetting for other participants or fans of lapisera.com, or which is directly aimed at lapisera.com or is contrary to the law in force, and on the other hand of remove this entry or remove this comment.

 

3. RESPONSIBILITY

3.1 Within the limits provided for by law, lapisera.com declines all responsibility for any prejudice, damage or actions that anyone may encounter in connection with the Contest or the receipt or improper use of a prize.

 

3.2 Unless otherwise required by the law in force, lapisera.com declines all responsibility for any entry or request which, for technical or other reasons, is not winning or is incomplete, is lost or arrives late, is damaged, corrupted or misdirected.

 

3.3 If a Contest is organized on one or more social media platforms of lapisera.com or on the platform of a third party, this Contest is in no way sponsored, endorsed or administered by or in association with these social media platforms or such third party's platform (as applicable). Entrants acknowledge that these social media platforms and such third-party platform (as applicable) have no obligation to them in connection with this Contest.

 

4. GENERAL

4.1 Any decision made by e lapisera.com concerning a Competition is final. For any questions relating to a Competition, contact us by e-mail at service@lapisera.com.

 

4.2 lapisera.com reserves the right to extend, modify or suspend a Competition or these conditions (including the terms of Section A which concern the Competitions) at any time if circumstances beyond its control render this decision. inevitable.

 

4.3 All personal data communicated in connection with a Competition will be processed by lapisera.com for the purposes of the administration and management of this Competition and the prizes (if applicable) as well as for verifying the eligibility of each participant. lapisera.com is committed to protecting the confidentiality of all participants. Data that is collected from or about participants will be used in accordance with the privacy policy of lapisera.com.

 

4.4 All images are for illustrative purposes only and do not show the actual price (s).

 

4.5 Each Contest and these Contest Conditions (including the specific conditions for Contests in Section A and the general conditions which appear in this Section B), as well as any dispute or request arising from or related to them , are governed, depending on the country in which the participant's habitual residence is located, by England law or French law or by Belgian law. Each participant irrevocably accepts that, depending on the country in which he is domiciled, the French courts or the Belgian courts have non-exclusive jurisdiction to hear any dispute or action that follows or is linked to a Competition or to these Conditions relating to the competitions.

 

Responsibility

You agree to release, and discharge lapisera.com, or any person acting on its behalf, of any liability in connection with the use of the photos.

 

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