Terms of sale
Last updated on June 17, 2020.
This website is operated by SAS AMSOL, with a capital of 150.000€ SIRET 32106924700021, whose head office is located at 9 rue Victor Hugo, 13460 Les Saintes-Maries-de-la-Mer.
The website is edited by Fourthscale SARL and hosted by Shopify. Shopify provides the e-commerce platform that allows us to sell you our products and services.
The present website www.legardian.com offers internet sales and delivery of shoes, clothing and cleaning accessories.
On this site, the terms "we", "us" and "our" refer to SAS AMSOL. SAS AMSOL offers this website, including all the information, tools and services available on it for you, the user, subject to your acceptance of all the terms, conditions, policies and notices set forth herein.
By visiting this site and/or purchasing one of our products, you are engaging in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms and Conditions", "Terms and Conditions"), including additional terms, conditions and policies referred to herein and/or accessible by hyperlink. These Terms and Conditions of Sale and Use apply to all users of this Site, including but not limited to, users who browse the Site, who are vendors, customers, merchants, and/or content contributors.
Please read these Terms and Conditions of Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions. If you do not accept all the terms and conditions of this agreement, then you should not access the website or use the services offered on it. Acceptance is expressly limited to these Terms and Conditions of Sale and Use.
Any new features and tools that will be added to this shop in the future will also be subject to these Terms and Conditions of Use. You can view the most recent version of the Terms and Conditions of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes on our website. It is your responsibility to check this page regularly to see if any changes have been made. Your continued use of or access to the website after any changes are posted constitutes your acceptance of those changes.
ARTICLE 1 - CONDITIONS OF USE OF OUR ONLINE SHOP
By accepting these Terms and Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor in your care to use this website.
The use of our products for any illegal or unauthorized purpose is prohibited, nor shall you, in using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses or other code of a destructive nature.
Any breach or violation of these Terms and Conditions will result in the immediate termination of your Services.
ARTICLE 2 - GENERAL TERMS AND CONDITIONS
We reserve the right to deny access to the services to any person at any time, for any reason whatsoever.
You understand that your Content (excluding your credit card information) may be transferred unencrypted, and this includes (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service, or any access to or contact on the website, through which the Service is provided, without our prior express written permission.
The headings used in this Agreement are included for your convenience, and will not limit or affect these Terms.
ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not up to date, complete or accurate. The content of this site is provided for information purposes only and should not be your sole source of information for making decisions without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain certain prior information. Such prior information, by its nature, is not current and is provided for information purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 - PRICES
The prices relating to the order of the products are indicated on the online sales area. The prices are displayed in euros and include VAT. They are only valid for the period during which they are accessible electronically in real time on the sales area for the product in question. They may vary at any time according to several criteria, in particular available stocks. The value of the transaction will be that of the date and time of the customer's order, the parties acknowledging that they have no recourse in the event of a decrease or increase subsequent to the order. The prices take into account the VAT applicable on the day of the order and any change in the rate applicable to the VAT will be automatically reflected in the prices of the products. Before the confirmation of the order by the customer, the total amount of the order (price including VAT) in euros will be indicated.
The prices of the products do not include the communication costs related to the use of the online sales service, which remain the responsibility of the customer.
ARTICLE 5 - PAYMENT IN SEVERAL TIMES WITH ALMA
If you pay for your order in installments, you accept Alma's general customer terms and conditions as well as Alma's special conditions for SAS AMSOL customers.
ARTICLE 6 - INVOICING
An invoice will be attached by email when the order is validated. The customer may also request that an invoice be sent to the delivery address indicated on the order form or to any other address of his choice by contacting customer service by email at firstname.lastname@example.org.
ARTICLE 7 - DELIVERY
Delivery will be made according to various modalities indicated on the sales area.
Delivery shall be made exclusively in the areas listed on the sales area.
Delivery shall be made by a courier independent of SAS AMSOL and delivery times shall be indicated as accurately as possible. Exceeding delivery times cannot give rise to damages. On-time delivery can only take place if the buyer is up to date with his obligations towards the company.
The Customer is required to check the status of his order at the time of Delivery and that the products delivered correspond to him. It is the Customer's responsibility to express any reservations and complaints he considers necessary, or even to refuse the order, when it is clearly damaged on Delivery. The said reservations and complaints must be sent to SAS AMSOL within three working days following the date of Delivery by email or post.
For a delivery to be made in a company or public environment, the customer must ensure, before placing any order, that it can be made without difficulty. In the event of refusal, the delivery will be considered to have been made. The delivery at the reception desk is considered to be worth delivery to the recipient. If this lack of information results in a second presentation to the recipient, the company shall be entitled to ask the customer for the costs corresponding to this second delivery.
In case of absence of the addressee, the deliveryman will identify the best solution allowing to finish the delivery in the best conditions. If no solution can be found, the deliveryman will return the package and the request will be handled by customer service. Two cases may arise: the buyer decides to have the order delivered again. A supplement for participation in the costs of the new delivery attempt may then be re-invoiced to the customer. In case of absence of the recipient, the company cannot be held responsible for the final quality of the delivery.
Beyond an inability to deliver the order due to the seller, more than two weeks, the buyer may claim a full refund of the order, to the exclusion of any other compensation or damages, if the product has not been delivered for any other reason than a case of force majeure or a fact originating from the buyer. Finally, if the product has not been delivered, for any other reason than a case of force majeure, the sale may then be cancelled and the buyer may obtain a refund of its price to the exclusion of any other indemnity or damages. The following are considered as cases of force majeure discharging the company from its obligation to deliver: war, riots, fire, strikes, epidemics, accidents, traffic restrictions, extreme weather conditions and the impossibility of being supplied, an internet or telephone cut, material or technical impossibility to access the site and the order management modules by the company. The company will keep the buyer informed in a timely manner. It should be specified that this list is only partial and non-exhaustive. The company is the only one who can conclude that an external event could prevent it from fulfilling its sales and delivery mission. However, the parties are free to adopt other provisions more suited to their situation.
When the goods are dispatched to the customer, the risk of loss of or damage to the goods shall pass to the customer when the customer, or a third party designated by him to receive them, takes physical possession of the goods.
ARTICLE 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or from the same customer account, credit card, and/or orders that use the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting you at the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed through our store. You agree to promptly update your account and other information, including your e-mail address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.
ARTICLE 9 - RETURNS AND RIGHT OF WITHDRAWAL
It is possible to cancel or modify the order by the customer until it is shipped, after which it will no longer be possible to cancel or modify the order. The order confirmation email serves as proof. The invoice for each order is available in the confirmation email or by making a request by email to customer service at email@example.com.
Any return of products must be the subject of a formal agreement between the vendor and the purchaser. Any return accepted by the seller, in the case of an apparent defect or non-conformity of the products delivered, which will be noted by the seller, will allow the buyer to obtain a free replacement or the restitution of a credit note to his benefit. This solution may not be invoked in the event of delivery made with a delay for which the customer is responsible (incorrect or incomplete address, refusal of the package, lack of information, absent recipient, etc.). Claims concerning the delivered product must be made in writing with the imperative photo of the delivered product, at the latest within fourteen (14) days for non-perishable products.
In accordance with article L.121-20 and following of the Consumer Code, for non-perishable products, the customer has a period of fourteen (14) days to retract without giving a reason. The withdrawal period expires fourteen (14) days after the day on which the customer or a third party other than the carrier, takes physical possession of the product. Consequently, and in the absence of having retracted the order according to the places and times of delivery defined, retraction is no longer materially possible. It will therefore be deemed to have waived the right of withdrawal within the legal period. To this end, the customer must contact customer service by email at firstname.lastname@example.org and make a declaration free of any ambiguity. The above-mentioned period runs from the receipt of the order or its deposit with a third party. When the deadline expires on a Sunday or a public holiday or non-working day, it is extended until the first following working day. When the right of withdrawal is exercised, the company is obliged to reimburse the purchaser without delay and at the latest within fourteen days from the date on which the company is informed of the consumer's decision to withdraw. If the purchaser decides to use his right of withdrawal, an acknowledgement of receipt of the withdrawal shall be sent to him without delay by e-mail. In order for the withdrawal period to be respected, it is sufficient for the purchaser to send his request to exercise his right of withdrawal before the expiry of the above-mentioned withdrawal period. The exercise of the right of withdrawal terminates the obligations of the customer and the company as provided for in these general conditions. The company will proceed to reimbursement using the same means of payment as that used by the customer for the initial transaction. The company may defer the reimbursement until it has received the product.
ARTICLE 10 - GUARANTEES ON NON-PERISHABLE PRODUCTS
The company is required to guarantee the conformity of the products, under the conditions provided for in articles L.211-4 et seq. of the French Consumer Code. In the event of a lack of conformity, the company shall endeavour to replace the goods at no cost to the customer. If replacement is impossible, the consumer may return the good and have the price refunded or keep the good and have part of the price refunded. The customer is expressly informed that the company is not the producer of the products presented in the sales area, within the meaning of article 1386-1 of the Civil Code.
In the event that the company's liability as a professional seller is engaged for damage resulting from a product within the meaning of Article 1386-6 of the Civil Code, the company reserves the right to call the producer or manufacturer to guarantee this product.
The customer benefits from a contractual guarantee. Parts recognised as defective will be either repaired or changed at the company's expense. The contractual guarantee does not cover: claims relating to non-compliance with the instructions for use, abnormal use of the product, incorrect connection; the replacement of parts whose wear and tear is normal or due to abnormal use of the product; damage resulting from a natural phenomenon or an accident (water damage, fire, etc.). The contractual guarantee is without prejudice to the guarantee of conformity provided for in articles L.211-4 and L.211-13 of the Consumer Code and the legal guarantee against hidden defects, provided for by the Civil Code and which applies to all contracts concluded between professionals and consumers. Consequently, the company therefore guarantees the consumer against all consequences of non-conformities, defects or hidden defects in the products sold.
In accordance with the requirements of Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof may not deprive the buyer of the legal guarantee which obliges the professional seller to guarantee him against all consequences of hidden defects of the thing sold, pursuant to Articles 1641 et seq. of the Civil Code.
In accordance with the provisions of Article L.211-15 of the Consumer Code, the following is recalled: Article L.211-4 of the Consumer Code "The seller is required to deliver a good that conforms to the contract and is liable for defects in conformity existing at the time of delivery. He shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been made his responsibility under the contract or has been carried out under his responsibility".
Article L.2ll-5 of the French Consumer Code "To be in conformity with the contract, the goods must : Be fit for the use usually expected of a similar good and, where appropriate: correspond to the description given by the seller present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling; Or present the characteristics defined by mutual agreement between the parties or be fit for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted".
Article L.21l-12 of the French Consumer Code "The action resulting from the lack of conformity shall be time-barred after two years from the delivery of the goods".
Article 1641 of the Civil Code "The seller is bound by the warranty on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648 of the Civil Code "The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect."
ARTICLE 11 - LIABILITY AND GUARANTEE FRAMEWORK
SAS AMSOL shall not be held liable in particular in the event of misuse, lack of maintenance, negligence, placement in places unsuitable for the use of its products by the client.
SAS AMSOL cannot be held responsible for any allergic reaction to the products sold. It is the client's responsibility to find out about their sensitivity to possible allergies.
The products are described and presented with the utmost precision, in particular through photographs and descriptions that indicate the shape, colour and dimensions. However, SAS AMSOL cannot be held responsible if slight variations linked to the reproduction of images or production constraints can be observed. The photographs and dimensions of the products present on the site are not contractual.
ARTICLE 12 - OPTIONAL TOOLS
We may provide you with access to third party tools over which we have no monitoring, control or influence.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any approval. We shall have no legal liability arising out of or in connection with the use of these optional third party tools.
If you use the optional tools offered on the Site, you do so at your own risk and discretion, and you should consult the terms and conditions under which such tools are offered by the applicable third party vendor(s).
We may also offer new services and/or features on our Site (including new tools and resources) in the future. These new features and services will also be subject to these Terms and Conditions of Sale and Use.
ARTICLE 13 - THIRD PARTY LINKS
Certain content, products and services available through our Service may include material from third parties.
Third party links on this site may redirect you to third party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of such sites, and we do not guarantee or assume any responsibility for any content, websites, products, services or other materials accessible on or from such third party sites.
We are not responsible for any harm or damage in connection with the purchase or use of goods, services, resources, content, or any other transaction conducted in connection with these third party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding the products of these third parties should be directed to the same third parties.
ARTICLE 14 - COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS
If, at our request, you submit specific content (for example, to enter contests), or if without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by post, or otherwise (collectively, "Comments"), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any media any Comments you send to us. We are not and shall not be obligated to (1) maintain the confidentiality of any Comments; (2) pay compensation to anyone for any Comments provided; or (3) respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we believe, in our sole discretion, is unlawful, offensive, threatening, abusive, defamatory, libelous, pornographic, obscene or otherwise objectionable, or infringes any intellectual property or these Terms and Conditions.
You agree to write comments that do not violate the rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain any illegal, defamatory, offensive or obscene content, nor will they contain computer viruses or other malicious software that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone you are not, or try to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you post and for their accuracy. We take no responsibility and disclaim any liability for any comments you or any third party post.
ARTICLE 15 - PERSONAL INFORMATION
ARTICLE 16 - PROHIBITED USES
In addition to the prohibitions set out in the General Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to induce others to do or participate in illegal acts; (c) to violate any state, federal, provincial or international law, rule or regulation; (d) to infringe or violate our or any third party's intellectual property rights; (e) to harass, abuse, insult, injure, defame, libel, slander, denigrate, intimidate or discriminate against anyone based on gender, sexual orientation, religion, ethnic origin, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in a manner that impairs the functionality or operation of the Service or any related, independent, or Internet web site; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, browse, search or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to violate or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.
ARTICLE 17 - LIMITATION OF LIABILITY
We do not warrant or make any representations that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that any results that may be obtained through the use of the Service will be accurate or reliable.
You agree that from time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time without prior notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (unless otherwise expressly stated by us) provided to you "as is" and "as available" for your use without representations, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall SAS AMSOL, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenues, lost savings, lost data, replacement costs or any similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or product from the Service, or in respect of any other claim relating in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising out of your use of the Service or any content (or product) published, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
ARTICLE 18 - COMPENSATION
You agree to indemnify, defend and hold SAS AMSOL, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions of Sale and Use or the documents referred to in them, or your violation of any law or the rights of a third party.
ARTICLE 19 - SEVERABILITY
In the event that any provision of these Terms and Conditions of Sale and Use is held to be illegal, invalid or unenforceable, such provision may nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions of Sale and Use, such severance shall not affect the validity and enforceability of any remaining provisions.
ARTICLE 20 - TERMINATION
The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either of you. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If we determine, in our sole discretion, that you are failing, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions, we may also terminate this agreement at any time without notice to you and you will remain liable for all sums owed up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
ARTICLE 21 - ENTIRE AGREEMENT
Any failure on our part to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.
These Terms and Conditions of Sale and Use or any other policies or operating rules that we post on this site or in connection with the Service constitute the entire understanding and agreement between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, whether oral or written, between you and us (including, but not limited to, any prior version of the Terms and Conditions of Sale and Use).
Any ambiguity as to the interpretation of these Terms and Conditions of Sale and Use shall not be construed to the detriment of the drafting party.
ARTICLE 22 - APPLICABLE LAW
These Terms and Conditions of Sale and Use, as well as any other separate agreement through which we provide Services to you, shall be governed by and construed in accordance with the laws in force at 9 rue Victor Hugo, 13460 Les Saintes-Maries-de-la-Mer, France.
ARTICLE 23 - CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.
Questions regarding the Terms and Conditions of Sale and Use should be sent to us at email@example.com.