Terms of service
The present General Terms and Conditions of Sale apply to deliveries of products purchased from the Aglaïa & Co online store, made in Metropolitan France.
Parties and Charters
This Internet site, which can be accessed at the address https://www.aglaiaco.com (hereinafter referred to as the "Aglaïa & Co. Online Boutique"), is published by LBG SAS, whose registered office is located at 17 La Canebière 13001 Marseille and whose company number is 808 346 605 (hereinafter referred to as "LBG"). The Aglaïa & Co online store is recognized by LBG as the official online store for Aglaïa & Co products.
The Products you purchase through the Aglaïa & Co online store are sold to you by LBG.
LBG and Aglaïa & Co attach great importance to the protection of users' personal data.
The protection of users' personal data is of prime importance to us. The purchase of products from the Aglaïa & Co online store implies that you accept the Aglaïa & Co online store's personal data charter. We invite you to consult the personal data charter for information on how LBG and Aglaïa & Co collect and process the personal data of users of the Aglaïa & Co online store.
The offers of the Aglaïa & Co online store are exclusively intended for consumers. For any purchases made in a professional context, we invite you to contact LBG. Your purchases of Products from the Aglaïa & Co online Boutique are governed by these General Terms and Conditions of Sale.
1. About these terms and conditions of sale
These General Terms and Conditions of Sale apply to all orders and purchases made through the Aglaïa & Co. online store. In the course of making purchases through the Aglaïa & Co. online store, LBG will be required to communicate with you electronically by means of e-mails or other electronic messages. By using an online offer principle, you agree that all statements, notices, information and other communications will be transmitted to you electronically, unless otherwise required by law to be in writing. You agree that any exchange made electronically, under these Terms and Conditions, has the same evidentiary value as exchanges made by registered mail with acknowledgment of receipt. In the event of a dispute, the document stored in our computer system will be deemed authentic. The present General Conditions of Sale may be subject to modification. The date of entry into force of the applicable General Terms and Conditions of Sale is indicated on the Aglaïa & Co. online Boutique. Any modification of the General Terms and Conditions of Sale will only apply to orders placed after this date of entry into force.
Prior to any order, you must in all cases actively accept these Terms and Conditions of Sale.
2. Your personal account
You must create a user account (personal user identification or user name). You are responsible for maintaining the confidentiality of your password and for restricting access to it; transactions and purchases made through your account are deemed to be made by you. If you become aware of any misuse or unauthorized use of your password, please notify us immediately so that appropriate action can be taken.
In order to make a purchase of Products, you must:
- complete the ordering process, including acceptance of these General Terms and Conditions of Sale and the personal data policy of the aglaïa & co. online store;
- provide your name and address, telephone number, e-mail address, payment information and any other required information;
- provide a valid shipping address; and
- be the holder or authorized holder of a valid debit/credit card when paying by this method;
- be the holder of a valid PayPal account in case of payment by this method.
You can place an order by clicking on the "add to cart" button and going to the checkout page.
You agree that your order(s) constitutes an offer to purchase the Product(s) listed in your order under these Terms and Conditions. Each order for Product(s) is deemed to constitute a separate sale. All orders are subject to confirmation by LBG, which cannot be refused except for legitimate reasons (including a possible fraudulent order).
Before confirming your order(s), you will be able to review your order(s), and then you will be asked to review and accept the Terms and Conditions, verify the total price of your order(s) and other information provided by you and, if necessary, correct any input errors.
4. Order processing and contract conclusion
Once you have confirmed your order in the Aglaïa & Co online store, LBG will send an e-mail to the e-mail address you have provided to acknowledge receipt of your order(s), giving details of the Product(s) ordered (Order Confirmation e-mail). This e-mail does not constitute an acceptance of your order(s) - but only the confirmation that LBG has received it.
After receiving your order(s) and sending the email confirming its receipt, LBG will check the availability of the Product(s) concerned. In practice, when you place an order, we are able to inform you immediately of the availability of the products. However, due to possible multiple orders and logistical constraints, we cannot exclude that a given Product is unavailable at the time of your order. In this case, we will inform you of its unavailability and no charge will be made for the Product concerned.
The sale between you and LBG is perfect from the moment LBG has sent you an e-mail confirming the availability and shipment of the Product(s), in whole or in part (Shipping Confirmation e-mail).
LBG does not keep an accessible history of the successive versions of these General Terms and Conditions of Sale but will send you an e-mail containing the General Terms and Conditions of Sale applicable to each purchase within the Order Receipt Confirmation e-mail, which we invite you to keep.
You may cancel your order at any time prior to receiving the Shipment Confirmation e-mail by contacting the Aglaïa & Co. online store's Customer Service Department. Please also consult the Legal Information section.
5. Prices, shipping, delivery charges and taxes
The prices are referred to within the pages presenting/detailing each Product at the time you place your order, will be indicated within the page requesting confirmation of your order as well as in the email confirming receipt of the order.
The prices of the Products include VAT but exclude shipping and delivery costs.
The shipping and delivery costs and the corresponding VAT will be indicated before your order is confirmed and in the order confirmation e-mail. Shipping costs depend on the delivery location and the shipping method selected by you during the checkout process.
Payment must be made by one of the following methods, selected by you during the checkout process: VISA or MasterCard.
For credit cards (Visa, MasterCard), an "authorization" is required upon payment.
Accepted credit/debit cards are also listed at the bottom of the Aglaïa & Co. online store page. If LBG does not receive the required authorization, LBG reserves the right to cancel your order.
The payment of your purchase will be deemed to have been made from the credit card concerned as soon as LBG has sent you the Shipment Confirmation e-mail.
Delivery generally takes place within 3 to 5 business days for standard delivery from the time the Order Receipt Confirmation email is sent, provided your payment has been received before 3:00 p.m. on the day of the order. This time is given as an estimate. In any case, the delivery time cannot exceed 30 working days from the sending of the Order Receipt Confirmation e-mail.
LBG reserves the right to change the carrier in charge of the delivery of your order and, in this case, no additional costs will be charged to you. For an Express Delivery, please select this delivery method. In all cases, the shipping costs of the carrier are passed on to you without additional costs and are brought to your attention when you place your order.
Each delivery will be preceded by the sending by e-mail of the corresponding invoice. If you unreasonably delay delivery or delay receipt of delivery after LBG has indicated that it has attempted to deliver your order, or if you have provided an incorrect delivery address that prevents delivery, the package will be returned to LBG.
LBG shall not be held responsible for the delay or failure to execute the sale in case of force majeure, namely war, acts of terrorism, strikes, national or local states of emergency, transport failures, power or service failures, earthquakes or other natural catastrophes.
If the Products you have received do not correspond to those you ordered, or if your order is incomplete or damaged in transit, you must make any necessary reservations upon delivery.
In addition, please contact LBG's Customer Service Department immediately by email or phone for assistance.
8. Availability of products
LBG makes every effort to ensure that the Products you wish to order on the aglaïa & co online store are available.
If the Product you ordered is unavailable, the sale between you and LBG will NOT be formed with respect to that Product and that Product will not be included in the Shipment Confirmation e-mail sent to you.
9. Description of the products
The characteristics of the Products are described in the Aglaïa & Co online Boutique. Only this information is deemed to be valid for the Products. Do not rely on any other website (or any other source of information) regarding the Products; use the Aglaïa & Co online Boutique as your sole reference for the description of the Products you intend to purchase.
10. Transfer of risks
The transfer of risks relating to the Products occurs at the time of their delivery.
11. Right of withdrawal, return and exchange
Right of withdrawal
You have the right to withdraw from the contract within 30 days without giving any reason. The withdrawal period expires 30 days after the day on which you, or a third party other than the carrier and designated by you, take physical possession of the items.
To exercise your right of withdrawal, you must inform us by sending a letter to LBG, 17 La Canebière 13001 Marseille. For customers in France and Europe, send an e-mail to firstname.lastname@example.org, informing us of your decision to renounce to this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
In order for the withdrawal period to be observed, it is sufficient for you to send your communication regarding the exercise of your right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
For customers located in France:
In case of retraction, we will send you a return form within 10 days.
You must return all goods promptly and in any case no later than 7 days from the day you receive this return form.
Return shipping is free for customers located in France.
For the customers located in Europe, the modalities and expenses of return remain with the load of the customer.
Once we receive the returned products, we will refund all payments received from you, including delivery charges (except for any additional charges arising from the fact that you have chosen a delivery method other than the cheaper standard delivery method offered by us), without undue delay and in any event no later than thirty days from the day we receive the returned products. We will refund you using the same method of payment you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not incur any costs for you.
You remain responsible in case of depreciation of the articles resulting from handling other than that necessary to ensure the nature, characteristics and proper functioning of such articles.
Exceptions to the right of withdrawal
The right of withdrawal does not apply to items custom-made to your specifications or clearly tailored to your personal needs.
Without prejudice to your right of withdrawal, if for any reason you are not entirely satisfied with your purchase from the Aglaïa & Co online store, you may return the items purchased within 30 days of delivery for a refund.
If you do not return the Product in accordance with the foregoing, LBG reserves the right to charge you for the costs incurred in arranging for its return. LBG further reserves any and all rights to compensation for Products returned in used or damaged condition.
Once your returned items are received and accepted by LBG, LBG will confirm receipt by email. Then, the refund will be processed and confirmed by email. The refund will normally be made within thirty (30) days of receipt of the aforementioned email.
For customers located in France, if you wish to return several Products from the same initial order, you must return them together for free shipping.
12. Statutory Rights and Guarantees
You have statutory benefits in accordance with the following provisions:
Article L.211-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.
Article L.211-5 of the Consumer Code
To comply with the contract, the property must:
(1) Be fit for the purpose ordinarily expected of similar property and, where applicable :
- correspond to the description given by the seller and have the qualities that he presented to the buyer in the form of a sample or model;
- have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
(2) Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L.211-9 of the Consumer Code
In case of lack of conformity, the buyer chooses between repair and replacement of the good.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. The seller is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L.211-10 §1 of the Consumer Code
If repair and replacement of the property is not possible, the buyer may return the property and get the price back or keep the property and get part of the price back.
The same faculty is open to him:
If the solution requested, proposed or agreed upon pursuant to Article L. 211-9 cannot be implemented within one month of the buyer's complaint;
Or if this solution can not be without major inconvenience for him given the nature of the goods and the use he seeks. However, the sale cannot be cancelled if the lack of conformity is minor.
Article L.211-12 of the Consumer Code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article 1641 of the Civil Code
The seller is bound by the warranty for latent defects of the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it or would only have given a lower price for it if he had known about them.
Article 1648 1§ of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
Please retain your order confirmation/invoice for the Products or forward it to the recipient of your purchases to whom you may have given the Products as proof of purchase for warranty purposes.
12. Independence of clauses
If any provision of these General Terms and Conditions of Sale is found to be unlawful, void or for any reason unenforceable, such provision shall be deemed severable from these General Terms and Conditions of Sale and shall not affect the validity and enforceability of the remaining provisions. The unlawful, invalid or for any reason unenforceable provision shall be replaced by a valid provision that is as close as possible to the unlawful, invalid or for any reason unenforceable provision in terms of its general scheme.
13. Contact details
LBG's Customer Service Department is available to assist you with any questions or complaints you may have regarding an order placed on the Aglaïa & Co online store.
Concerning the orders and deliveries in Metropolitan France :
You can contact LBG by e-mail (email@example.com) or by phone (09 84 02 02 36) from Monday to Friday between 9:00 a.m. and 6:00 p.m., except on public holidays in France (listed below) or by writing to LBG SAS, 17 La Canebière 13001 Marseille.
LBG's Customer Service is closed on the following public holidays in France:
- December 25 (Christmas Day)
- January 1st (New Year's Day)
- Easter Monday
- May 1st
- Whit Monday
- August 15
- July 21
- November 1st
- November 11
15. Applicable Law and Dispute Resolution
These General Terms and Conditions of Sale and any sale of Products by LBG through the Aglaïa & Co online store are governed by French law.
In the event of a dispute or litigation, you have the possibility of resorting to a mediation procedure or any other alternative dispute resolution mechanism.
The present General Terms and Conditions of Sale have been drawn up in French and English. In case of ambiguity, the French version shall prevail.
Last updated on January 28, 2022.