These terms and conditions of sale are applicable from 1 December 2019

Preamble

Luzerne is a brand belonging to the seller, La Ferme du Mohair, hereinafter referred to as "Luzerne" :

  • Simplified joint stock company with a capital of €300,000
  • SIREN 418 113 47 RCS Foix
  • Address: La Ferme du Mohair - 28 ZA Les Pignès- 09270 Mazères / Luzerne - ZA Les Pignès - BP77036 09271 Mazères CEDEX
  • Intra-community VAT number: FR78418113478
  • Telephone: 05 34 01 39 77 (non premium-rate number – price depending on operator).
  • Email : just4u@luzerne.fr

Subject

These Terms and Conditions of Sale (« T&C ») exclusively govern the commercial relationship with our end customers (physical persons) for the sales presented on the site www.luzerne.fr ("Site") and, more generally, are applicable to all the commercial documents issued by our company. They are made available on the Site; we may modify them at any time without prior notice, the modifications being applicable to all subsequent orders. The applicable T&Care those in force on the date the order is placed.

All orders imply the prior consultation and acceptance of these Terms and Conditions of Sale. You acknowledge that you have the legal capacity required to contract and acquire the products offered on the Site. Bearing in mind the seasonal nature of our business, our product offerings are valid subject to the availability of stocks.

Prices

All the prices on the Site are shown in Euros (€) including all taxes (inc. VAT) and as such include VAT. Nevertheless, the price of products is shown exclusive of shipping costs. The total amount is indicated in the basket before it is confirmed.

Any order delivered outside metropolitan France may be subject to local taxes, customs duty, dock dues and customs clearance costs incurred during delivery. Payment of such costs is your responsibility.

The products remain our property until full payment of the price.

The order

You accept the use of email for the sending of information requested with regard to conclusion of the contract or addressed during its execution.

The different stages to be followed to conclude the contract by electronic means are described below. To place your order, you must first identify yourself by using your email adress as well as your password. Your account must be created on the Site for all first orders. You should select the products and add them to the basket and then check the order and correct any errors, if necessary. Once the order has been confirmed, and after you have clicked on « CONFIRM MY ORDER AND PAY », the delivery method has been chosen and the T&C accepted, you can proceed to payment of the order. An order confirmation email will be sent to you to the email address indicated in your account.

Only the French language is used for conclusion of the contract.

Any abnormal or fraudulent order, any fraud or attempt at fraud, any incident in payment of the cost of an order may entail the deletion and/or disabling of the customer account concerned and/or rejection of the order.

Payment methods

Payment is made online via the Site at the time of ordering. Several payment options are available to you :

Secure payment by bank card

Online payments by bank card are made with the highest level of security. Our payment module, Payzen, carries out these operations via data encryption. Payment cards, MasterCard and Visa are accepted.

Payment via your PayPal account.

Please note that when you use PayPal, your banking information is never communicated to the merchant. This enables you to make your purchases by entering your email address and PayPal password only.

Delivery times and order tracking

We do everything in our power to ensure a rapid delivery of your order. Parcels are shipped by the transporter. You will receive emails to confirm receipt and dispatch of your order. In the case of deferred delivery, you will receive an email indicating the waiting time or the lead time.

Unless you hear otherwise, we will deliver your order with no unjustified delay at the latest thirty days after conclusion of the contract. Delivery will be made to the address you entered when placing your order. Delivery is defined as transfer of the physical possession to the customer or checking of the goods.

In the event that the goods are not available or in the event of failure in our obligation to deliver, you can obtain a refund of the price of the product, subject to the conditions set out in article L216-2 of the French Consumer Code.

You are reminded that any risk of loss or damage of the goods is transferred to the customer at the time that the latter or a third party designated by them, and other than the transporter offered by the seller, takes physical possession of these goods. The customer is advised to refuse delivery if the goods are damaged, missing or if the parcel has been opened or repacked. In the event of loss or damage, the customer must include precise and detailed written reservations on the transporter's delivery note in the presence of the transporter or of their employees and send the transporter a recorded delivery letter stating these reservations, within three days following the delivery.

Withdrawal

Withdrawal period Under the conditions set out in the French Consumer Code, you have the right to withdraw from this contract without giving a reason within 14 days from the day that the buyer, or a third party other than the transporter and designated by them, takes physical possession of the goods. For orders including several goods delivered separately, the withdrawal period runs from the day that the buyer, or a third party other than the transporter and designated by them takes physical possession of the final consignment of goods.

Notification of withdrawal. To this end, you can use the withdrawal form or any other declaration with no ambiguity, before the expiry of the withdrawal period. You can use the following form :

Withdrawal form

(Please complete and return this form only if you want to withdraw from the contract)

For the attention of COMPANY NAME- ADDRESS :

I/We* hereby notify you of my/our* withdrawal from the contract relating to the sale of the goods below.

Customer N° :

Order N° :

Ordered on*/Received on* :

Last name/First name :

Address :

Signature Date

*Delete where applicable

Returning products. Your item must be returned within 14 days from the date of notification of withdrawal.

  • The costs of return of the product are payable by the Customer. This cost will vary according to the transporter chosen by the Customer, the weight and the distance. An estimate of the return postage costs can be obtained on the La Poste site (https://www.laposte.fr/particulier) by clicking on "calculer un tarif" (calculate a price).
  • The right to withdrawal is excluded for products and services listed in article L221-28 of the French Consumer Code.
  • The reimbursement of all payments received, including delivery costs, excluding supplementary costs resulting from the fact that you have chosen, if applicable, a delivery method other than the least expensive delivery method offered by us when you placed the order. We will issue a refund within the 14 days following notification of withdrawal using the same payment method as that used for the initial transaction, unless you expressly agree to the use of a different method. We can defer the refund until the goods are received or until proof of postage of the goods has been received, the relevant date being the earlier of the two.
  • The refund or exchange will be carried out by Luzerne after checking the condition of the item, subject to the provisions of the paragraph below.
  • A deduction may be made from the return price in the event that the item has suffered depreciation from being tried on too many times, the consumer now having the right to try a product on as they would in a store.

Satisfied or your money back

Luzerne offers you products that have been carefully selected and checked.

If, however, you are dissatisfied with an item, Luzerne agrees to replace it or issue a refund.

In such a case, the item must be returned in perfect condition, in its original packaging and within a maximum of 30 days of receiving of your parcel.

Legal guarantees

Legal guarantee of conformity: When the Customer takes action under the legal guarantee of conformity :

  • Legal guarantee of conformity: When the Customer takes action under the legal guarantee of conformity
  • They can choose between the repair and replacement of the item, subject to certain cost conditions set out in article L.217-9 of the French Consumer Code
  • They are exempt from having to provide proof of the existence of the defect in conformity over the 24 months following delivery of the goods (Article L217-7 of the French Consumer Code). The legal guarantee of conformity applies independently from the any commercial guarantee provided.

Legal guarantee against hidden defects in products sold :

The customer can decide to implement the legal guarantee against hidden defects in the item sold as set out in article 1641 of the French Civil Code. As such, they can choose between cancellation of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.

Legal guarantee of conformity (French Consumer Code)

Article L217-4: The seller shall deliver goods that conform to the contract and respond to defects in conformity existing upon delivery.

They will also respond to defects in conformity resulting from the packaging, assembly or installation instructions when this has been made their responsibility by the contract or has been carried out under their responsibility.

Article L217-5: The goods conform to the contract :

1° If they are fit for the use usually expected of similar goods and, where applicable :

- if they match the description given by the seller and possess the qualities presented to the buyer in the form of a sample or a model ;

- if they present the qualities that a buyer could legitimately expect with regard to public declarations made by the seller, by the producer or by their representative, particularly in publicity or labelling ;

2° Where it presents the characteristics defined by common agreement by the parties or is fit for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted.

Article L217-12: The action resulting from a defect in conformity is prescribed from two years from delivery of the goods.

Article L217-16: When the buyer asks the seller, during the course of the commercial guarantee that has been provided to them upon purchase or repair of movable goods, for a refurbishment covered by the guarantee, any period of immobilisation of at least seven days will be added to the remaining guarantee period.

This period runs from the buyer's request for intervention or from the provision for repair of the goods in question, if such provision is later than the request for intervention.

Legal guarantee against hidden defects in products sold

Article 1641 of the French Civil Code: The seller is bound by the guarantee due to hidden defects in the item sold which make it unfit for its intended use, or which so reduces such use, that the buyer would not have acquired it, or would have paid a lower price, if they had known.

Article 1648 paragraph 1 of the French Civil Code: Action resulting from unacceptable defects must be instigated by the buyer within two years of the date of discover of the defect.

Personal data

Some data is essential to the processing of your order.

The purposes, recipients and conditions under which Luzerne collects and processes your personal data are presented in the "Privacy Policy" accessible by clicking on Privacy Policy of Luzerne.

We would like to inform you of the existence of the right to ask Luzerne for access to, rectification or removal of the data or for limitation on the processing, or the right to object to processing, the right to portability of data and to decide on the fate of one's own data at one's death. When processing is based on consent, you have the right to withdraw your consent at any time. You also have the right to make a claim to a regulatory body, such as CNIL in France, and to register on the list opposing cold calling by telephone.

These rights can be exercised by contacting us by email at just4u@luzerne.fr or in writing, by post to LUZERNE, ZA Les Pignès - BP 77036 09271 Mazères CEDEX, France.

Mediation

The consumer is informed of the option of recourse, in the event of a dispute, to a conventional mediation procedure or to any other alternative method to settle the differences.

The Seller is a member of the following mediation service :

Name of the Mediator: Medicys

Contact details for the Mediator: 73 boulevard de Clichy 75009 Paris, Tel: 01 49 70 15 93, email: contact@medicys.fr

The Customer is also informed of the existence of the platform published online by the European Commission which aims to collect any disputes arising from online purchases made by European consumers and then to transfer the cases received to the competent national mediators: http://ec.europa.eu/consumers/odr/

Applicable law and disputes

French law is applicable without excluding the application of imperative legal rights granted to consumers or of a more protective imperative law by a foreign judge approached by a consumer in the corresponding country. If one of the clauses or provisions of these T&C should be cancelled or declared illegal by a definitive legal decision, this cancellation or illegality will not affect the other clauses and provisions in any way and they will continue to apply.

Luzerne is always happy to hear from you

If you have any suggestions, complaints or need information, you can contact us :

By telephone on 05 34 01 39 77 (non-premium rate call – price depending on operator) By email: just4u@luzerne.fr By post: Luzerne – ZA Les Pignès – BP 77036, 09271 Mazères CEDEX