Terms of Sales
These general conditions of sale apply between:
The Lozamo.com site via the company SONA Distribution, registered with the RCS of Nancy under the number SIREN 912 252 228 and VAT number FR54912252228, whose head office is located at 8 Rue Jacquard, 54500 Vandoeuvre-lès-Nancy
Hereinafter referred to as “Lozamo”
Any natural person who acts in a private capacity or as a representative of a legal person visiting or making, via the website www.lozamo.com owned by SONA Distribution, a purchase of products via the website www.lozamo.com
Any order placed on the website www.lozamo.com implies prior consultation and acceptance of these general conditions.
The www.lozamo.com site being an e-commerce space, the Customer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions of sale does not require the handwritten signature of this document.
The Customer is invited to save and print these general conditions of sale, which are authentic between the parties.
The Customer declares to be of legal age and to have full legal capacity allowing him to commit himself under these general conditions and thus subscribe to contracts under French law.
8 Rue Jacquard, 54500 Vandoeuvre-lès-Nancy
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the distance selling of the products offered on the online sales space accessible within the website www.lozamo.com since the award of the order to after-sales services and warranties, including payment and delivery.
2- OPPOSABILITY OF THE GENERAL CONDITIONS OF SALE
The version of the general conditions of sale opposable to the Customer is that appearing on the site at the time of the validation of the order by the Customer.
The different versions of the general conditions of sale are archived by Lozamo.
The general conditions of sale are subject to modification or deletion at any time.
3. UNAVAILABILITY OF THE SITE
The website www.lozamo.com or access to one or more services within the site such as the online sales area may, without notice or compensation, be closed temporarily or permanently and this, without a Customer can claim any compensation.
The products offered for sale by lozamo, namely baskets, cushions, mattresses and other accessories for dogs and cats, are those appearing on the site www.lozamo.com on the day of the consultation of the site by the Customer.
The products are offered within the limits of available stocks. Although the stock is displayed in real time on the www.lozamo.com site, it is possible that a product is missing (inventory error or other). Under these conditions, lozamo undertakes to inform the Customer by any means at its convenience as soon as possible from the order.
In this case, lozamo may, in agreement with the Customer, schedule a new delivery date depending on its restocking. In the absence of agreement or the impossibility of disposing of the ordered product, lozamo will reimburse the sums paid by the Customer within a maximum period of 10 days, without the latter being able to claim any compensation.
The greatest care is taken to put online, prior to placing the order, information relating in particular to the essential characteristics of the products offered for sale, the terms of payment and delivery. However, minor variations in the representation of the product, such as product photos, and not bearing on the essential characteristics may be present. These variations do not under any circumstances engage the contractual liability of lozamo.
The information posted on the website www.lozamo.com in no way exempts the Customer from reading any other information attached to the product or on the product or its packaging (precautions for use, cleaning conditions, etc.) .
4.3 Use of products
The customer undertakes to use the products in accordance with their intended purpose and to respect the instructions for use of the products for their proper use.
lozamo cannot be held responsible for the misuse of the products, in particular the use for a use other than that intended.
The prices relating to the order of the products are indicated on the online sales area dedicated to this purpose.
Prices are displayed in euros.
In some countries, they may be subject to possible taxes and customs duties which are imposed when the package reaches its destination. These customs duties and any taxes are the responsibility of the Customer. lozamo is not required to inform the Customer of their amount or of their existence.
The prices indicated on the Site are guaranteed on the day of the order within the limits of available stocks except for significant changes in charges and in particular VAT, and except for manifest typographical errors or omissions.
These prices do not take into account, unless otherwise stated, shipping costs, which will be indicated in addition to the price during the ordering stage and before the Customer confirms his order.
When confirming the Customer's order, the total amount of the order will be indicated (price + shipping costs).
Lozamo reserves the right to modify its prices at any time. However, the products will be invoiced on the basis of the prices in force at the time of registration of the order.
6 - ORDER
6.1 Order taking
Order taking includes the following steps:
- step 1: Fill your basket.
- step 2: The information provided by the Customer when opening their Customer account or when placing their orders must be complete, accurate and up-to-date. Otherwise, Lozamo will not be able to execute the orders. If the Internet user does not wish to communicate such information, Lozamo will not be able to respond favorably to his order.
- step 3: Consultation of the general conditions of sale.
- step 4: Acceptance of all the general conditions of sale by checking the box "I accept the general conditions of sale"
- step 5: Validation of the order by clicking on the button "Validate my order".
The Customer receives an electronic acknowledgment of receipt of his order.
Any order made by the Customer via the aforementioned steps constitutes irrevocable acceptance of the general conditions.
6.2 Order Confirmation
In accordance with the applicable regulations, the contractual information will be confirmed when the time comes and at the latest at the time of delivery, by e-mail to the e-mail address indicated by the Customer on the voucher. order.
This confirmation email will include the following information:
- the description of the products;
- identification of the order number;
- the total amount of the order (price and shipping costs);
It is up to the Customer, under his responsibility, to keep the contractual information on the medium of his choice.
Lozamo reserves the right not to confirm the order, particularly in the event of payment authorization refusal, incorrect address or any other problem on the user's account. In this case, Lozamo will inform the Customer by e-mail.
The order only becomes final after:
- payment of the full price by the Customer;
- Verification of the availability of the product by Lozamo as soon as possible from the sending of the email acknowledging receipt of the said order to the Customer.
For placing orders, working days and hours are Monday to Friday from 9 a.m. to 12:30 p.m. and from 2 p.m. to 5 p.m. (French time) and excluding public holidays. The additional delays are those practiced by the transport partners.
Any registered order cannot be modified. Exceptions may be applied at Lozamo's discretion within the limits of the possibilities.
7 - PAYMENT
7.1 Means of payment
Payment is made online by credit card via Lozamo's partner bank. The delivery note of the product will be inserted in the package containing the ordered product.
The order is not final until it has been confirmed by payment of the price by the buyer.
For credit card payments made on its site, Lozamo uses the secure payment service of the server of its partner banks. All information transmitted from the www.Lozamo.com site to the payment system is systematically encrypted to ensure confidentiality. All credit card payments made on the site are in immediate debit.
7.2 Retention of title
The product delivered remains the property of Lozamo until full and effective payment of the price by the Customer. Failure to pay may result in the claim of the product by Lozamo.
The transfer of the risks of loss or deterioration to the Customer takes place on the date of delivery of the product, that is to say the receipt of the product by the Customer.
7.3 Payment in installments with KLARNA
Any termination of the T&Cs which bind the Seller and the customer, entails the termination of the T&Cs between Alma and the customer.
8 - CONDITIONS AND DELIVERY TIMES
8.1 Preparation of orders
In general, any order placed before 12 noon is dispatched the next day (if product is in stock), except in cases of force majeure. The additional delays are those practiced by the transport partners.
8.2 Delivery times
Delivery for products in stock is made to your home within 2 to 5 working days in metropolitan France and 5 to 15 working days for international and for products on order, within 5 to 21 working days in metropolitan France and 15 35 working days for international.
Some orders may ship directly from the brand. If you order a product from our warehouse and a product from a partner, you may receive several packages depending on where the product is shipped from.
In the event of unavailability of the product, Lozamo undertakes to inform the Customer as soon as possible so that the Customer can be reimbursed without delay and at the latest within 14 days of payment of the sums he has paid.
In the event of a foreseeable extension of the delivery time, Lozamo undertakes to inform the Customer thereof as soon as possible and by any means so that the latter can then choose to maintain or cancel all or part of his order.
Lozamo cannot be held responsible for the consequences of any event beyond its control, in particular cases of force majeure or fortuitous events, which would tend to delay or prevent the delivery of the product ordered.
In the event of non-compliance with the deadline mentioned plus 7 days, the Customer may cancel his order by sending a registered letter with acknowledgment of receipt to the address of the head office indicated at the top of these general conditions. The cancellation will only be taken into account by Lozamo if the shipment or delivery has not taken place between the sending and the receipt of the said letter. The Customer will be reimbursed at the latest within 14 days following receipt of the registered letter by Lozamo.
Lozamo reserves the choice of carrier and guarantees the correct delivery of the products.
PLEASE NOTE: if a parcel is returned to the sender for non-complaint or incorrect delivery address provided by the Customer, Lozamo reserves the right to invoice the Customer for the reshipping costs again. In this case, if the package is again returned to the sender, it will no longer be returned to the Customer and the amount corresponding to this order, including any additional delivery costs, will remain acquired by Lozamo.
8.3 Delivery control
Lozamo guarantees the conformity of the product delivered with the essential characteristics described on the site www.lozamo.com and this for use in accordance with its destination.
The Customer is required to check the condition of the packaging and the conformity of the product delivered, and to make any reservations on the carrier's delivery note, if any.
Delivery by UPS, Colissimo or Chronopost.
The choice of carrier belongs to Lozamo. Packages are oversized and protected.
We deliver internationally. To get an estimate before placing an order, simply add your items to the cart. You can then add your place of residence and your postal code in the table of orders to know the price of your delivery. Please also note that delivery time is estimated and your order may take longer to be delivered.
Lozamo is not responsible for additional taxes and service charges charged by certain countries. Customers will be held responsible for any restrictions, duties, taxes and other charges levied by the destination country, prior to placing an order. Lozamo will not be responsible for any duties, taxes or customs fees under any circumstances.
If the order arrives in the country and:
- The Customer refuses the package
- No delivery attempt is made in the destination country to deliver the package
Then Lozamo reserves the right to abandon the said package and will not be responsible for any refund.
9 – GUARANTEES
All products sold by Lozamo benefit from the legal guarantee of conformity provided for in articles L. 217-4 and following of the Consumer Code, and the guarantee against hidden defects provided for in articles 1641 and following of the Civil Code.
In any case, Lozamo cannot be held responsible:
- Defects resulting from inappropriate, incorrect or abusive use of the product by the Customer
- Normal wear and aging of the product
- Lack of maintenance or lack of care
- Negligence or accidents
- Alteration of the product by the Customer or a third party
- Non-compliance with the instructions for use of the products for proper use of the latter.
9.1 Guarantee of conformity (see extracts from the Civil and Consumer Code in Appendix 2)
The customer :
- has a period of two years from delivery of the product to act;
- benefits from the replacement or reimbursement of the product, subject to the cost conditions provided for in article L 217-9 of the Consumer Code;
To benefit from this guarantee, the Customer must provide the dated proof of purchase of the product.
For purchases made on the website www.lozamo.com, the Customer will implement this guarantee by informing Lozamo of the lack of conformity by e-mail to our customer service department at the following address: email@example.com
9.2 Warranty against hidden defects (see extracts from the Civil and Consumer Code in Appendix 2)
Furthermore, Lozamo is bound by the warranty for hidden defects in its products which render them unsuitable for the use for which they are intended, or which so diminish this use that the Customer would not have acquired them or would not have given them than a lesser price if he had known them.
The Customer has a period of two years from the discovery of the hidden defect to act.
In the event of implementation of the guarantee against hidden defects of the item sold, the Customer may choose between reimbursement or replacement of the said product.
To benefit from this guarantee, the Customer must provide the dated proof of purchase of the product.
The Customer will activate this guarantee by informing Lozamo of the hidden defect by e-mail to our customer service at the following address: firstname.lastname@example.org
9.3 Consideration of the Customer's request
Lozamo undertakes, with regard to the Customer's request, to replace or reimburse the product to the Customer. In the event of a clear cost difference between the 2 options, Lozamo will opt for the less expensive solution. In the event of a return due to a defect, Lozamo reimburses the shipping costs on presentation of the corresponding supporting documents and in any case according to the rates in force. The refund is made in proportion to the price of the product on the entire order.
Subject to the Internet user's consent, Lozamo may offer him a credit note instead of an exchange or refund.
The stipulations of this article do not prevent you from benefiting from the right of withdrawal provided for in article 10.
10 - RIGHT OF WITHDRAWAL
Pursuant to Article L 221-18 and following of the Consumer Code, the Customer has a withdrawal period of thirty days from the date of receipt of the order.
If the Customer uses this right of withdrawal, the return of the product must be made no later than fourteen days following the communication of his decision to withdraw, at his expense and in its original packaging and condition, ie without excessive handling (absence of significant deterioration of the packaging or the product, original, cleaned cover, labels, product flyers and packaging included) and accompanied by the delivery note.
Any complaint must be made in advance by email to Customer Service.
Contact address: email@example.com
Please note that personalized products, products made to order, as well as hygiene products such as cat litter, treats (deer antlers), licking mats cannot be returned.
The Customer bears all the risks of this shipment. Lozamo will not be responsible in the event of loss, theft or delay of the returned product. The burden of proof of the return lies with the Customer.
A product that has suffered a depreciation following excessive handling (in particular damaged, damaged returned incomplete, worn, without labeling, etc.) cannot be taken back. Return costs are the responsibility of the Customer.
In the event of exercise of the right of withdrawal, in accordance with the withdrawal form attached in Appendix 1, the Customer may request reimbursement of the returned product(s) as well as the delivery costs incurred, unless the order is partially returned. The Customer may not request reimbursement of the return costs he has incurred.
If the Customer wishes a substitute product, he is invited to place an order directly on the site and return the original article so that Lozamo proceeds with its refund, the processing times being faster and the costs of reshipment borne by the Internet user in all cases.
If the Customer initially paid for his purchase in 3x or 4x via the Alma solution, the costs generated by this transaction will be deducted from the amount to be refunded (amount varies according to the amount of your order)
If the Customer lives in a mountainous area that imposes additional carrier billing, then the cost will be deducted from the amount to be refunded.
Therefore, Lozamo undertakes to reimburse the Internet user within a maximum period of 14 days from the receipt / control of the products, and this directly on the means of payment used.
Any order returned without having been announced will not be processed.
11 - PROTECTION OF PERSONAL DATA
The information requested during the purchase, in particular via the forms, is necessary for the processing of the order and will be communicated to the service provider(s) in charge of carrying out the order, in particular the carrier and/or any authority competent for the settlement of a dispute between Lozamo and a Customer. The data collected during the purchase cannot be used for other purposes, in particular commercial prospecting, without the express and prior consent of the Customer.
Customers' bank details are not kept beyond the purchase, unless the Customer has consented to their being saved in their Customer account. In any case, the cryptogram is never kept by Lozamo.
The Customer has a right to access, modify, rectify and delete data concerning him. To exercise this right, the Customer must send an e-mail to Lozamo's customer service at the e-mail address firstname.lastname@example.org or at the postal address indicated at the top of these general conditions.
12 - INTELLECTUAL PROPERTY
Elements belonging to Lozamo, such as the website, trademarks, games, drawings, models, images, sound clips and videos, texts, photos, logos, graphic charter, without this list being exhaustive , are the exclusive property of Lozamo .
These general conditions do not imply any transfer of any kind of intellectual property rights on the elements belonging to Lozamo for the benefit of the Customer.
Lozamo grants you a right of access to the site on a non-exclusive, personal, non-transferable basis and for use that complies with the conditions defined herein. Any other use constitutes counterfeiting and is criminally sanctioned under Intellectual Property.
The Customer is prohibited from infringing, directly or indirectly, on Lozamo's property rights and is prohibited from exploiting in any way whatsoever, the names, brands, logos. The Customer undertakes to respect all of Lozamo's rights and refrains from creating any analogy in the mind of the public for any purpose whatsoever.
Links of the hypertext type to the home page of the www.lozamo.com site or any other page must systematically be the subject of a request for authorization and must be withdrawn on simple request from Lozamo.
13 - RESPONSIBILITY
Lozamo cannot be held responsible for the non-performance of its obligations due to a fortuitous event and/or case of force majeure within the meaning generally accepted by French law and courts or for causes beyond its control.
In any event, Lozamo's liability is limited to the price of the product sold, unless otherwise required by law.
Furthermore, Lozamo cannot be held liable to the extent permitted by the regulations in force for direct, in particular immaterial or indirect, damage which could result from access to the site or from inappropriate use of the products within the meaning of the article "use products” in particular when these products contain usage restrictions.
It is also recalled that the hypertext links placed on www.lozamo.com may refer to other sites whose content remains the sole responsibility of the operators and owners of these sites.
14 – FORCE MAJEURE / FORTUITOUS CASES
Expressly, are considered as cases of force majeure or fortuitous events, those usually retained by the jurisprudence of the French courts and tribunals.
The execution by Lozamo of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its execution.
Lozamo will inform the customer of such a fortuitous event or force majeure within fourteen days of its occurrence. In the event that this suspension continues beyond a period of fifteen days, the Customer would then have the possibility of canceling the order in progress, and it would then be reimbursed under the conditions set out above.
15 - ENTIRETY
In the event that one of the clauses of this contract is null and void by a change in legislation, regulation or by a court decision, this can in no way affect the validity and compliance with the rest of these conditions. general sales.
16 - DURATION
These conditions apply for the entire duration of the online services offered by Lozamo.
17 - PROOF
The computerized registers, kept on the servers of Lozamo or on those of its hosts, will be considered, unless proven otherwise, as proof of communications, orders and payments between the parties.
18 - APPLICABLE LAW
These conditions are subject to French law. This is the case for the rules of substance as well as for the rules of form.
Under no circumstances does Lozamo give any guarantee of compliance with local legislation that would be applicable when a Customer accesses the site from another country.
In the event of a dispute, the dispute will, in the absence of an amicable agreement, fall under the exclusive jurisdiction of the competent French court for a dispute between Lozamo and a non-professional and of the Commercial Court of Paris for a dispute with a professional.
However, in accordance with articles L.612-1 and following of the Consumer Code, the Customer may contact a consumer mediator via the website https://www.economie.gouv.fr/mediation-conso / commission, with a view to the amicable resolution of a dispute. Before entering the said mediation service, the Customer must imperatively have contacted our customer service by email at the following address: email@example.com, to try to resolve the dispute.
19 - DISPUTE
In accordance with articles L.612-1 and following of the Consumer Code, the Customer may contact a consumer mediator via the website https://www.economie.gouv.fr/mediation-conso/commission , with a view to the amicable resolution of a dispute. Before entering the said mediation service, the Customer must imperatively have contacted our customer service by email at the following address: firstname.lastname@example.org, to try to resolve the dispute.
APPENDIX 1: EXTRACTS CIVIL CODE AND CONSUMPTION
1. LEGAL GUARANTEE OF COMPLIANCE WITH THE CONSUMER CODE
The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
To be in conformity with the contract, the good must:
1) If it is specific to the use usually expected of a similar good and, where applicable:
- If it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- If it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2) Or if it has the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
2. CIVIL CODE HIDDEN DEFECT WARRANTY
The seller is bound by the guarantee on account of the hidden defects of 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 does not would have given a lesser price, if he had known them.
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.