Terms and Conditions of Sale
This site is operated by the SAM & LOULOUTE / S & N CO EUROPEAN LTD company, having its registered office at 71-75 Shelton Street, London WC2H 9JQ, United Kingdom and registered with the register of commerce and companies of Cardiff under number 11019518, tel +44 20 3514 3325
Our locations :
FR : 112 Avenue de Paris, 94300 Vincennes
UK : 71-75 Shelton Street, London WC2H 9JQ
USA : 3501 Jack Northrop Ave, Hawthorne, CA 90250
The present general conditions of sale apply to all the orders placed with the SAM & LOULOUTE company for all of the articles and services proposed by the www.samlouloute.com site by private individuals not business persons. Consequently, the fact of any person ordering a product offered on sale on the Internet site of SAM & LOULOUTE implies full and complete acceptance of these general conditions of sale, and the customer recognizes having been made aware of this before placing their order.
SAM & LOULOUTE reserves the right to modify at any moment the present general sales conditions. Nevertheless, the General Sales Conditions applicable to the order placed by a Customer on the Site of SAM & LOULOUTE are those accepted by the Customer at the time of placing the order.
ARTICLE 1: INTEGRALITY
The present General Conditions define the entirety of the obligations of the various parties. In this sense, the Customer is considered to have accepted without reserve the entirety of the provisions envisaged under these general sales conditions. SAM & LOULOUTE is for its part committed to respecting its role of retailer within the framework of the aforesaid conditions.
ARTICLE 2: OBJECT
The present General Conditions have the aim of defining the rights and obligations of the various parties within the framework of the online sale of goods and services proposed by the SAM & LOULOUTE company to the Customer, from order to delivery, including payment and the use of services made available by SAM & LOULOUTE.
ARTICLE 3: FIELD OF APPLICATION
The present General Conditions govern the sale of the products on the day of the placing of the order by the customer. They apply to all methods of placing orders proposed by SAM & LOULOUTE, whether the order is made by Internet or telephone.
ARTICLE 4: ORDER
CAPACITY TO ENTER INTO CONTRACT
Every Customer of the SAM & LOULOUTE company declares that he has the capacity to enter into a contract based on the conditions described hereafter, i.e. to be an emancipated minor or to have reached legal majority and not to be protected.
SAM & LOULOUTE reserves the right to refuse any order by a Customer with whom there exists, before or during processing, a dispute, in particular a dispute over payment.
ACCEPTANCE OF THE CONDITIONS BY THE CUSTOMER
The present Conditions can be read directly on the www.samlouloute.com site. Upon simple request by the Customer, they can also be sent by electronic mail.
The fact of the Customer's ticking the box "I accept the general sales conditions", before proceeding to secure payment, constitutes an irrevocable acceptance which can only be called into question in the extreme cases envisaged under the present general sales conditions under the paragraph "right of retraction". The Customer confirms by this act that they have read and understood the present Conditions and accept them.
The purchase by telephone also implies the acceptance of these Conditions which they recognize to have read beforehand, and to have understood and accepted the conditions mentioned above.
PLACING OF AN ORDER
The individual Customer can place his order at SAM & LOULOUTE by Internet 24 hours a day, 7 days a week.
The ordering process is composed of 6 successive stages. Once product selection has been carried out, and the basket validated, the Customer must:
- clearly identify the products selected with the options of colors, sizes, etc… indicated on the www.samlouloute.com site;
- indicate the quantities requested;
- identify himself, either by entering his Customer number and password which are strictly personal to him, or by giving all the information usually requested for an inscription online;
- indicate clearly information required for the delivery. This relates in particular to the precise delivery address as well as possible restrictions of access to the place of delivery (building, floor, door-codes, etc.);
- indicate the selected mode of delivery;
- finally, indicate the selected mode of payment.
Once the mode of payment is selected, the Customer must proceed with payment of his order on the secure server, which will formalize the sales contract with SAM & LOULOUTE in a firm and final manner.
Every order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will come within the framework of a possible exchange and guarantees mentioned below.
In every case, the online completion of the bankcard number and the final validation of the order by the Customer will constitute proof of order and current liability for the sums for the products selected in the order. This validation constitutes signature and acceptance of all the operations carried out on the www.samlouloute.com.
CONFIRMATION OF ORDER
An email is automatically sent to the customer in order to confirm the order provided that the email address indicated in the inscription form does not contain an error. The Customer must check the completeness and conformity of the information which he provides to SAM & LOULOUTE. The latter cannot be held responsible for possible errors of data-entry and the consequences in terms of delay or delivery error. In this context, all the expenses engaged for resending will be the responsibility of the Customer.
FOLLOWING OF THE ORDER
The Customer can at any moment check the status of his order by consulting the heading "My account" at www.samlouloute.com. This tracking of the order makes it possible for the Customer to know the stage of processing of his order, but also the stage of sending or delivery of his parcels. This delivery tracking is carried out with the deliverers' Internet interface. SAM & LOULOUTE thus cannot be held accountable for the unavailability or errors that may affect the information supplied by its transporters. SAM & LOULOUTE endeavors nevertheless to make this information as clear as possible and to make the transport as reliable as possible with its transporters. The Customer can at any moment contact the sales department of SAM & LOULOUTE in order to be informed of the progress of his order.
PROOF OF THE ORDER
The computerized registrations, preserved in the information processing systems of SAM & LOULOUTE company under reasonable security conditions, will be regarded as the evidence of the communications, the orders and the payments that have taken place between the parties.
The filing of the purchase orders and the invoices is carried out on a reliable and durable support which can be produced as proof.
ARTICLE 5: PRODUCT INFORMATION
The information, characteristics, photographs and graphics presented on the sites are given only on a purely indicative basis and for the major part are provided by the suppliers. In particular, the difference in perception of the forms and the colors between the photographs or graphics presented and the products cannot engage the responsibility of SAM & LOULOUTE. SAM & LOULOUTE will make its best efforts to ensure that the photographic representation of the products on the www.samlouloute.com site is as faithful as possible. It is nevertheless possible that the perception of the products does not correspond completely to the products. The products are sometimes presented in photographs with other products. The description will mention what does or does not form part of the product.
SAM & LOULOUTE will not accept any responsibility for any indirect loss connected to present facts, in particular, with regards to a trading loss, loss of profit, loss of opportunity, damage or expenses, which may occur because of the purchase of the products. SAM & LOULOUTE cannot be held responsible for any losses of data, files or for damage defined in the preceding paragraph.
SAM & LOULOUTE is committed to delivering the orders received only within the limit of the availability of product stocks or within the limit of the stocks available from its suppliers. In the absence of availability of a product or products, SAM & LOULOUTE is committed to informing the Customer as quickly as possible. SAM & LOULOUTE reserves the right to modify the selection of products, notably according to the constraints imposed by its suppliers. Availability can vary during the same day according to the level of sales. SAM & LOULOUTE carries out very frequent updates of availabilities, but cannot be held responsible if the stock is no longer the same as that which is indicated. More precise information can be given to the Customer by telephone and email.
The unavailability of a product is mentioned on the product page concerned or in the shopping basket summary.
Delivery times indicated in the product page details are estimated times when the product(s) is/are not available in SAM & LOULOUTE stocks. They may thus be susceptible to variations for which the Customer will be informed by SAM & LOULOUTE in his order confirmation in the event of a minor delay or by email in the case of a more prolonged delay.
If SAM & LOULOUTE cannot obtain an ordered product from its suppliers, the company will notify the customer of the expected delay by email. The Customer in turn can either ask for the cancellation of the order with a refund of payment within 30 days, or the exchange of the unavailable product for another product. No cancellation penalty will be applied for such an order cancellation. No cancellation compensation (other than the full repayment of the Order) can be demanded, even if unavailability has resulted from a delay in updating product availability.
SAM & LOULOUTE cannot be held accountable for the non-fulfillment of an agreed contract in the case of the product being out-of-stock or unavailable, nor for causes beyond their control, disruptions caused by partial or all-out strikes, in particular of postal services, transport, the communications sector, nor for flooding or fires.
ARTICLE 6: PRICES
Prices are indicated in Euros and are inclusive of tax, and are applicable only on the date of the confirmation of order sent by the Customer. On an indicative basis, the prices on the site also appear in dollars, euros, Canadian dollars, Australian Dollar and pounds sterling, but the price to be paid is in Euros and is systematically indicated in a clear way before the confirmation of the order.
Since the prices charged by SAM & LOULOUTE’s suppliers are in constant evolution, the prices posted on the site are also likely to be modified constantly.
The prices do not take account of delivery charges, gift-wrapping, possible promotional offers and personal reductions, which will be indicated before the final confirmation of the order.
The prices take into account the UK VAT applicable on the day of the ordering, and any change of the statutory rate of VAT will be automatically reflected in the price of the products presented on the site, at the date stipulated by the decree of application. However the prices cannot be modified once the Customer has placed his order. In the same way, if one or more taxes or contributions, in particular environmental tax is suddenly created or modified, whether it rises or falls, such a change will be reflected in the selling price of the articles present on www.samlouloute.com.
The prices indicated on the website for such orders are free of tax and therefore do not take into account VAT. Nevertheless, these orders are subject to possible taxes and customs fees in the destination country. The prices are shown without taxes. If you are asked to pay customs duties, please note that SAM & LOULOUTE will not refund you for them.
The customer is also responsible for verifying the possibilities of importing ordered items with respect to the governing laws of the destination country. We recommend the customer contact their local customs authorities for further information.
ARTICLE 7: PAYMENT
MEANS OF PAYMENT
The Customer can pay his order online by bank card: Carte Bleue (Debit card), Visa, Eurocard / MasterCard and American express. The Customer guarantees the SAM & LOULOUTE company that he has the necessary authorization to use the mode of payment chosen by him, during the confirmation of the purchase order. The debit for purchases on the customer's account is done at the time of the processing of the order.
SAM & LOULOUTE uses all means necessary to ensure the safety and confidentiality of data transmitted online. To this end, the site uses a protected mode of payment SSL (Secure Socket Layer) which allows the encoding of your banking co-ordinates during their transmission on the Internet. You can see that the transmission is encrypted by software from the padlock symbol which appears in your navigator. The transaction is carried out via Stripe which alone receives the banking information provided on the site at the time of the payment.
SAM & LOULOUTE company reserves the right to suspend processing and delivery in the case of a payment authorization by bank card being refused by officially accredited organizations or in the case of non-payment. SAM & LOULOUTE company notably reserves the right to refuse to process and deliver an order placed by a client who has not paid in total a previous order, or with whom a dispute over payment has still not been settled.
Within the framework of a procedure for checking orders, intended to make sure that no one uses the banking co-ordinates of another person without their knowledge, the Customer may be requested to send proof of identity or proof of residence by fax or email to SAM & LOULOUTE company. The order will be confirmed only after reception and checking by our services of the details sent. In the absence of reception of these elements within 15 days following the placing of the order, the order will be considered to be automatically cancelled.
The purchase order which the Customer creates online or the confirmation of the order sent by email to the Customer by SAM & LOULOUTE does not act as an invoice. The invoice does not come with the parcel.
SAM & LOULOUTE preserves an electronic example of each invoice.
In the case of a delivery to an address different from the billing address, the invoice for orders is only ever available in the Customer's online account.
TRANSFER OF PROPERTY
SAM & LOULOUTE remains owner of the products delivered until their complete payment by the Customer. The provisions above do not prevent the transfer to the Customer of the risks of loss or deterioration of the Products during delivery as well as of the damage which they could cause.
ARTICLE 8: DELIVERY
SAM & LOULOUTE is in direct collaboration with manufacturers based in Asia (China, Japan, South Korea etc.) which is how you benefit from quality products at the most competitive prices. Orders are directly dispatched by one or more of these companies if your order includes products from different suppliers. This is why, when ordering several products, you may not immediately receive the entire order.
The geographical area of delivery for items from the SAM & LOULOUTE is as follows:
- Metropolitan France, Corsica, Monaco
- Rest of the world: The Customer can contact the SAM & LOULOUTE customer services to have more information on delivery conditions to a specific country in the world.
Products are delivered to the address indicated by the Customer on the purchase order. The Customer must check the exhaustiveness and the conformity of the information which he provides to SAM & LOULOUTE. The customer service team must be notified of any change of address by email (email@example.com) within 2 hours of the order being placed. Beyond this delay, neither the Post Office, nor SAM & LOULOUTE (S & N CO EUROPEAN LTD) can be held responsible for non-delivery due to an inaccurate or incomplete delivery address. In such cases no reimbursement or re-delivery is possible.
SAM & LOULOUTE cannot be held responsible for delivery delays because of errors or disruptions due to transporters (including in the event of a partial or all-out strike, in particular of the mail services, transport or communications sectors).
In the case of absence when delivery is made, the package will either be left in your postbox or a delivery notification will be left and your order will be available the next working day at the nearest Post Office for a period of 15 days.
In cases where the package has not been collected within the 15 days allocated by the Post Office, no reimbursement or redelivery is possible.
The delivery deadline for the United States, Australia, Canada, Europe is between 2 to 3 weeks and for international deliveries, between 2 to 6 weeks.
If you have not received all the items on your order 3 weeks after the mail delivery confirmation, please contact the SAM & LOULOUTE customer service team at: firstname.lastname@example.org.
SAM & LOULOUTE informs Customers of the delivery times on a purely indicative basis, as given by the chosen transporter. Transport charges are given as an indication at the moment of going to the shopping basket and are confirmed definitively according to the means of transport and the destination of delivery chosen, before the final confirmation of the order.
SAM & LOULOUTE informs its Customers that these delivery times do not include Saturdays, Sundays and public holidays.
In Europe and abroad, delivery is carried out by the local post office. The charges involved depend on the country of destination, and the total weight and volume of the selected articles. The charges and delivery times are indicated to the Customer before the final validation of their order.
Please note that we are not responsible for the applicable duties, tariffs, and customs fees of standard International packages. All applicable duties, tariffs, and customs fees are the responsibility of the customer.
The products are packaged so as to respect the standards of transport in force, and to ensure an optimal protection of the products during their delivery. Customers are requested to respect these same standards in the case of a product being returned because of after-sales service or for reasons of suitability. Any damage noted to a product arising from the product not being repackaged properly may lead to only a partial refund, or no refund in the event of the impossibility of resale in its current state or in the event of the deterioration of a notified technical problem.
CUSTOMER RESPONSIBILITY FOR CHECKING PARCELS UPON RECEPTION
SAM & LOULOUTE reminds customers that it is the responsibility of Customers to inspect their parcels upon reception in the presence of the transporter and to notify the transporter as well as SAM & LOULOUTE company of any anomaly (bumps, damage to the parcel, delivery date not conforming to normal times of the parcel delivery…) within two working days. In the case where such elements are not noted on the delivery slip presented to the Customer by the transporter, no complaint related to the state of the parcel can be accepted a posteriori by SAM & LOULOUTE.
DELAYS IN DELIVERY RELATED TO THE TRANSPORTER
In the case of a delay in delivery compared to the times announced by the transporters, the Customer must contact by priority the transporter, or its distribution office in the case of the country post office, to see whether the parcel is not about to be dispatched. If the need arises, the Customer must contact SAM & LOULOUTE Customer Services by telephone or email in order to create a file of contention or start an investigation to carry out a search for the parcel.
It can happen that parcels are mislaid by transporters. The times given by transporters require that the Customer declares the loss in the 10 days following the reception of the dispatch notice sent by SAM & LOULOUTE. Under these conditions, SAM & LOULOUTE accepts the responsibility of contacting the transporter concerned.
If the parcel is found, it will be sent immediately to the residence of the Customer. In the event that the parcel is not found, the Customer will be able to ask that the same product be sent again (subject to availability), at SAM & LOULOUTE’s expense, or be refunded the amount paid. If one or more ordered products are not available at that moment, SAM & LOULOUTE will refund the amount paid for the products concerned lost by the transporter.
However, if the package is damaged on arrival, this must be notified, or if it is not received within the deadlines indicated, SAM & LOULOUTE invite you to inform us by email within 14 days at: email@example.com. SAM & LOULOUTE will investigate your case by contacting the transport company, a process that may take several days. During this period, no reimbursement or redelivery can be undertaken. Once the investigation is complete, if the fault lies with the transporter or the manufacturer, your order will be replaced or reimbursed.
ARTICLE 9: RIGHT OF RETRACTION, RETURN AND EXCHANGE
Within the framework of the sale by correspondence (without the simultaneous physical presence of the parties), according to the Article 13 June 2014 of the code of consumption, the Customer has the right to a 14-day period to exert his right of retraction without having to pay penalties, except for the costs of returning the goods. This period begins from the day of reception of the goods by the Customer.
The articles must be returned in their original packaging, with their label and any accessories if applicable, in perfect condition for future resale. Any items that are incomplete, damaged or show clear signs of use, may not be returned.
Personalized jewelry, as well as any limited edition items, can neither be exchanged nor reimbursed.
Return postage costs are to be met by the customer.
Upon reception of your returned order, you will receive email notification. SAM & LOULOUTE agree to reimburse you with the same payment method used within a maximum delay of 14 days.
In order to learn the steps to follow for returning your order, (CLICK HERE).
ARTICLE 10: GUARANTEES
The present provisions cannot deprive the Customer of the legal guarantee which obliges the professional seller to guarantee him against all consequences of the hidden defects of the item being sold.
The Customer is expressly informed that SAM & LOULOUTE company is not the producer of the products presented within the framework of the www.samlouloute.com website and relating liability for defective products.
Consequently, in the event of damage caused to a person or goods by a defect of the product, only the producer of this product can be held responsible by the Customer, on the basis of the information appearing on the packaging of the aforementioned product. Moreover, the company stresses that the products, services and information proposed by SAM & LOULOUTE do not in any way substitute for constant vigilance by adults.
SAM & LOULOUTE cannot be held responsible in the event of the non-respect of legislation in the country where products are delivered. It is the responsibility of the Customer to check with local authorities the legality of importing and using the products and services being ordered.
ARTICLE 11: RESPONSIBILITY
The products on offer conform to UK legislation in force and applicable norms in France.
SAM & LOULOUTE cannot be held responsible in the event of non-observance of legislation in the country where the product is delivered. It is up to the Customer to check with the local authorities on the possibility of importing or using the products which they wish to order. SAM & LOULOUTE cannot be held responsible for inconvenience and losses relating to the use of the Internet, notably a breakdown in the service, the presence of computer viruses or external intrusions and more generally all cases defined by the courts as outside our control or committed by third parties.
Hypertext links may be sent to sites other than that of the www.samlouloute.com. SAM & LOULOUTE refuses any all responsibility if the contents of these sites contravene any laws or rules in force.
ARTICLE 12: FORCE MAJEURE
Neither of the two parties will have failed in its contractual obligations, insofar as their execution is delayed, blocked or prevented by circumstances beyond their control.
Force majeure or circumstances beyond control will be regarded as that which are external to the two parties, unforeseeable, unavoidable, independent of the will of the parties, and which could not be prevented by them, despite all reasonably possible efforts.
The party affected by such circumstances will warn the other party within ten working days from the date on which the first party will have learnt of it.
The two parties will communicate with each other within a month, except if this is impossible due to force majeure, to examine the situation and reach agreement on the conditions under which the execution of the contract will be continued.
If the force majeure case is of duration greater than three months, the present general conditions can be cancelled by the injured party.
Force majeure, as well as what is defined by the tribunals of the UK courts, will be considered to include the following:
- all-out strikes or partial ones, external or within the company, a blockage of supplies or transport for whatever reason, legal or governmental restrictions, computer breakdowns, earthquakes, fires, storms, floods, lightning, - breakdown of telecommunications or networks not under control of the Customer.
ARTICLE 13: PERSONAL DATA
Visitors or Customers of the www.samlouloute.com have a constant right of access, modification, correction and suppression of the data.
At the time of customer inscription or ordering, or within the framework of other specific operations, SAM & LOULOUTE invites Visitors or Customers to receive its newsletters, its promotional offers, and / or to register to stay informed of its exclusive sales. At any time, the Visitor or Customer can modify his subscription through his personal account, or through the hypertext link appearing at the bottom of the offers received by email.
SAM & LOULOUTE is committed to responding to modifications of subscription and withdrawal of subscription to its commercial emails within the shortest possible delay.
SAM & LOULOUTE may also invite its Visitors or Customers to receive promotional offers from its partners. For commercial purposes, SAM & LOULOUTE can also share with its trade partners the identity and the coordinates of its Users or Customers, only insofar as they have accepted the disclosure of their personal data. The Users and Customers can modify their choices on the SAM & LOULOUTE site at any time.
SAM & LOULOUTE uses data acquisition systems such as cookies. Cookies are a computer file stored on the hard disk of the user's computer. Cookies make it possible to announce a preceding visit of the user on the site and to connect the user to his personal data left on the site, in particular with reference to his orders in course.
ARTICLE 14: INTELLECTUAL PROPERTY
The entirety of the contents (texts, comments, works, illustrations, images, videos, graphics, sounds… including underlying technologies used) posted on this site is reserved under copyright and intellectual property rights for the whole world. For this reason, only private use is authorized, subject to different provisions which may be even more restrictive from the code of intellectual property. Any other use may constitute pirating and be sanctioned by the law covering intellectual property, except in the case of preliminary authorization by SAM & LOULOUTE. Any total or partial reproduction of the SAM & LOULOUTE company catalogue is strictly prohibited.
Any person having an Internet site wishing to place on his site a simple link directly to the www.samlouloute.com must request authorization from SAM & LOULOUTE. An authorization given by SAM & LOULOUTE will not constitute an implicit agreement of affiliation and will not be in any case given on a permanent basis. By simple request from SAM & LOULOUTE, this link will have to be removed.
ARTICLE 15: ENTIRETY OF CONDITIONS
A change of legislation, regulation or a decision of the court rendering invalid one or more clauses of these general sales conditions will not affect the general validity of these Conditions. Such a change cannot in any way make it possible for the Customer not to observe these general sales conditions.
If a condition is not explicitly mentioned, it will be regarded as conforming to usage in the sector of mail order sales by companies based in France.
Relations between SAM & LOULOUTE company and the Customer are controlled exclusively by the present conditions at the exclusion of any other condition appearing on the www.samlouloute.com site.
ARTICLE 16: DURATION AND APPLICATION
The present Conditions apply throughout the time of all online services offered by SAM & LOULOUTE company. They can be modified at any time by SAM & LOULOUTE. The Conditions applicable are those in force on the date of the registration of the order.
ARTICLE 17: TERRITORIALITY AND APPLICATION LAW
The sale of products of SAM & LOULOUTE company are subject to UK law. Any dispute relating to the existence, interpretation, execution or breach of the contract concluded between SAM & LOULOUTE and the Customer, even in the event of a plurality of defendants, will be, in the absence of agreement, the exclusive competence of the tribunals of London.