We welcome you to the website labagagerie.com (the “Site”).
This document and the additional information mentioned on the Site constitute the general terms and conditions of sale (the "GTC") of the Site of the brand La Bagagerie (hereinafter referred to as the "Brand"). We invite you to read carefully the GTC, the conditions of Acceptance of cookies (accessible here) as well as the Privacy Policy (accessible here).
Validation of the purchase order as specified in these General Terms and Conditions constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and constitutes proof of the entirety of the order and the due date of the sums due in execution of said order.
These general terms and conditions of sale (hereinafter the "General Terms and Conditions of Sale") apply to all sales concluded by the company La Bagagerie, a public limited company with a management board and supervisory board with capital of 732,000 euros under French law, whose registered office is located at 41, rue du Four in Paris 75006, registered in the Paris trade and companies register under number B572 103 471 (hereinafter the "Seller") with professional customers (hereinafter the "Buyer"), of leather goods products under the brand name "La Bagagerie" appearing in the Seller's catalog (hereinafter the "Products"). They cancel or replace all previous general terms and conditions of sale. The General Terms and Conditions of Sale prevail over any other contractual document and in particular over any general terms and conditions of the Buyer. Placing an order implies the Buyer's full and unconditional acceptance of the General Terms and Conditions of Sale. Any contrary condition required by the Buyer will, in the absence of express written acceptance by the Seller, be unenforceable against the latter.
The merchant site “labagagerie.com” (hereinafter “the site”) is an e-commerce site accessible via the Internet, open to any user of this network.
The Seller may modify the content of the General Terms and Conditions at any time. It is the Buyer's responsibility to consult them regularly in order to keep informed of any possible modifications. The conditions applicable to the Buyer are those in force on the Site on the date the order is placed.
For any information or questions on the use of the Site or order tracking, the Buyer can contact Customer Service (hereinafter referred to as “Customer Service”):
– By telephone on 01.45.48.85.88 from Monday to Friday from 10 a.m. to 5 p.m.
– By email by filling out the form on the contact page of the Site (accessible here)
ORDERS
The Buyer declares (i) to be at least 18 years old and to have the legal capacity to enter into a contract under these General Terms and Conditions or (ii) to be a minor with the authorization of his legal representative. The Seller reserves the right at any time to request proof of identity attesting to the age and/or authorization of the aforementioned legal representative.
The Seller reserves the right not to respond to an order and/or to exclude from our customer/prospect database a Buyer who has not responded to the above request or who has not complied with the principles set out in this clause.
The Products are intended for the Buyer's personal use, without any direct connection with the Buyer's professional activity. As such, the Buyer's attention is particularly drawn to the fact that the amount of his orders must not exceed the sum of one thousand eight hundred euros excluding tax (€1,800 excluding tax) per order. In addition, it is specified that a single buyer may only order a maximum of Products of the same reference, per order.
The products offered for sale on the Site as well as any ancillary services which may be attached to them (the “Products”) are those which appear on the Site, on the day the Buyer consults the Site and within the limit of available stocks.
In the event of unavailability of a Product, the Buyer is informed of this unavailability:
– either, when placing the order: a message is displayed indicating that the desired Product is temporarily unavailable,
– either, following validation of the order and before delivery, by email.
If the order has already been validated by the Buyer, he will then be informed of the choice available to him, namely (i) to be delivered a partial order or (ii) to cancel his entire order.
The Buyer will then have 48 (forty-eight) working hours (excluding weekends and public holidays) from receipt of the information email sent by the Seller to confirm via the procedure proposed by the Seller:
– cancellation of the entire order,
– or sending the partial order under special delivery conditions specified by the Seller.
After this period of 48 (forty-eight) hours, and if no request from the Buyer has been sent to the Seller via the procedure specified by the Seller, the partial order will be shipped to the Buyer and delivered to the latter at the standard delivery rate indicated in the table indicated in the Article "Price" below. The portion of the price corresponding to the unavailable Products will then be refunded to the buyer within a maximum period of thirty (30) days after its debit by transfer of this amount to the Buyer's bank card.
In the event that the Buyer requests the cancellation of his entire order, the Seller undertakes to reimburse the Buyer for the sums paid by the latter within a maximum period of thirty (30) days after its withdrawal by transfer of this amount to the Buyer's bank card.
The photographs and texts illustrating the Products do not form part of the contractual scope. If these photographs and/or texts are incorrect, the Seller cannot be held liable on this basis.
PRICE
Prices are indicated in Euros (€) and are valid in France and internationally. They include the VAT applicable on the day of the order as well as any promotional discounts.
Processing and delivery fees are charged in addition and vary depending on the destination and the delivery method selected:
Metropolitan France, Corsica and Monaco
- Colissimo: €7
- Chronopost: €12
- Free delivery for all orders over €100
European Union and enlarged Europe (Switzerland, United Kingdom, Norway, etc.)
- Colissimo: €15
- Free delivery for all orders over €200
International (outside Europe) and DOM-TOM
- Colissimo: €40
- Free delivery for all orders over €300
The delivery times indicated are average times observed and may vary depending on the destination and logistical constraints.
For international deliveries, the delivery time is estimated at 10 working days.
Promotions granted in the form of discount vouchers are valid for one order per household, within the limit of their validity period and cannot be combined with other promotional offers.
The Seller reserves the right to modify its prices at any time. However, the Products will be invoiced on the basis of the rates in effect at the time the order is registered, subject to their availability.
DELIVERIES AND RECEIPT
The delivery dates stipulated on the order are given as an indication depending on the availability of the Products. Any delay in delivery due to a case of force majeure may not justify the cancellation of the order by the Buyer, nor justify damages, deductions and/or penalties.
A. DELIVERY TERMS
Once the order has been prepared, it will be sent to the postal address provided by the Buyer when placing the order. The Products will be delivered according to the delivery method chosen by the Buyer. The Site delivers to mainland France, Corsica and Monaco, the European Union, the wider Europe and Internationally.
The Site offers two types of delivery for mainland France, Monaco and Corsica at the prices listed in the delivery section:
– Colissimo Access (La Poste) for so-called STANDARD delivery, delivered within 48 to 72 hours after dispatch*, from Monday to Saturday.
The package containing the products ordered and paid for is placed in the mailbox at the Delivery Address provided by the Buyer.
In the event that the mailbox is not large enough, La Poste reserves the right to make several delivery attempts to the address indicated by the sender. It may also take the initiative to deliver the package to any person present at this address, either to the Buyer or the recipient of the Order, or to the caretaker or concierge who agrees to take delivery, to another person, in particular any person attached to its service, living with it, specially mandated, provided with a power of attorney or even to an identified third party.
When the package could not be delivered for the reasons mentioned above (insufficient size of the mailbox and/or absence of the recipient), the Buyer or the recipient of the Order receives a delivery notice, allowing them to collect the package from the Post Office indicated in the delivery notice, within a period of 14 days.
After this period, the package is returned to the sender. In this case, the Buyer will be reimbursed for the amount of the Order, less delivery costs.
No dispute regarding the delivery itself is possible if the package appears to have been delivered, the information system (flashing) of La Poste being authentic.
– Chronopost (Chrono 13)** for so-called EXPRESS delivery, delivered within 24 hours from dispatch*, from Monday to Saturday.
In the case of EXPRESS DELIVERY, with Chronopost, for any order placed before 1 p.m. CET/CEST, excluding weekends and public holidays and certain days before public holidays, subject to product availability and payment validation, LA BAGAGERIE undertakes to prepare the package in the afternoon and hand it over to Chronopost at the end of the day.
Chronopost services then guarantee delivery in mainland France, including Corsica, within 24 hours of collection, excluding weekends and public holidays.
Chronopost services then guarantee delivery in mainland France, including Corsica, within 24 hours of collection, excluding weekends and public holidays.
Upon delivery, the Buyer or recipient of the Order is delivered by the carrier Chronopost and electronically signs an acknowledgement of receipt. This electronic acknowledgement of receipt constitutes proof of delivery by La Bagagerie, and of receipt by the Buyer or recipient of the Order, of the products ordered.
In the event of absence, the Buyer or the recipient of the product ordered will receive a delivery notice, which will allow them to contact the carrier directly using the contact details provided on the delivery notice in order to arrange another delivery day.
In the event that the package is not collected within 10 working days from receipt of the delivery notice, the package will be returned to the sender and the Buyer will be reimbursed for the amount of their Order, less delivery costs.
No dispute regarding the delivery itself is possible if the package appears to have been delivered, the carrier's computer system (flashing) being proof.
*Average time observed.
B. DEADLINES
Any order placed on the site labagagerie.com/fr before 12 p.m. CET/CEST from Monday to Friday (excluding weekends and public holidays) will be prepared and shipped the same day, subject to validation of payment in accordance with the provisions of Article 4, Payment, of these General Terms and Conditions.
From the processing of the order, the corresponding Products will be transported and delivered by the Carrier selected by the Buyer within the time indicated at the time of validation of the order. An additional 24 hours period is to be expected for orders placed after 12:00 CET/CEST.
For orders placed from Friday after 12:00 CET/CEST to Sunday evening, orders will be shipped on Monday. Delivery times estimated at the time of order validation are provided for information purposes only and run from the date of shipment.
In the event of an input error, in particular of the delivery address resulting in a delay or impossibility of delivery, the seller cannot be held responsible. All costs related to the reshipping of products due to an input error by the Buyer will be borne by the latter.
Any delays do not entitle the buyer to claim damages. In any event, the order will be executed within a maximum period of thirty (30) days from the day following the day on which the Buyer validated his order, subject to full payment of the price and compliance with the conditions of purchase defined in article 1. Conditions of Purchase, of these General Terms and Conditions. In the event of non-delivery at the end of this period, the Buyer will have the option of cancelling his order under the conditions set out in the article Late Delivery.
C. DELAY IN DELIVERY
If the maximum delivery time of thirty (30) days is exceeded, the Buyer may exercise his right to cancel the order with Customer Service.
From the exercise of the right of withdrawal, the Seller will refund the total amount paid by the Buyer (delivery costs included), to the bank account debited when ordering as soon as possible and within a maximum period of fourteen (14) days from the withdrawal, to the exclusion of any other compensation. In the event of partial delivery, delivery may be made in several installments, and this right will only concern the undelivered balance of the order.
Any delay in delivery must be reported as soon as possible by the Buyer by email to Customer Service. The Seller offers the Buyer to reship the products in the order and notifies the Buyer of the new delivery time. If at the end of this new time limit the Buyer has not received the products in the order, the Buyer may ask the Seller to cancel and refund the order.
D. RECEPTION
Each delivery is deemed to have been made upon the Product(s) being made available to the Buyer by the Carrier. The Buyer can track the delivery of their package with a tracking number by consulting the carrier's website.
It is the Buyer's responsibility to immediately check the conformity and integrity of the Product(s) shipped upon receipt of the Product(s). The Buyer undertakes to send a letter of complaint to the Seller to notify any damage or defect within three (3) days following the date of delivery of the Products.
Any anomaly/reservation identified at the time of delivery (in particular late delivery, missing or damaged product) must be reported fully and precisely by the Buyer on the receipt provided by the Carrier at the time the Products are made available and/or confirmed by registered letter to the Carrier within three (3) days following receipt of the order.
Any such reservation must be notified in parallel and as soon as possible to the Seller's Customer Service. A copy of the complaint addressed to the Carrier must be attached.
If 5 working days after the shipment of the package it is still not delivered, the Buyer can contact the Post Office closest to the place of delivery to obtain tracking of the order. If the package cannot be located, the Buyer must then contact the Seller via Customer Service.
RETURN CONDITIONS
The Buyer reserves the right to return the Product(s) ordered in the event of non-compliance with the order or in the context of exercising his right of withdrawal under the conditions defined in Article 7, Right of withdrawal, of these General Terms and Conditions.
If the Products delivered do not comply with the Products ordered by the Buyer, the latter must send an email to the Seller's Customer Service at serviceclients@labagagerie.com. A product is considered non-compliant if the Product delivered is different from the one that was ordered. The Seller's Customer Service will acknowledge receipt of the Buyer's request and confirm the procedure to follow.
The product(s) must be returned complete – accompanied by all possible accessories – in its original packaging intact, with its original barcode label still attached.
In addition, the return of the Buyer's package:
(i) Must be accompanied by the delivery note that accompanies the package. (ii) Must include the return form duly completed by the Buyer. Products returned without a Return Form will not be accepted. In addition, the consumer is required to keep proof of sending until the latter has obtained confirmation of the refund.
(ii) Must not be dropped off directly at a relay point, as it cannot be refunded.
(iii) Must include any promotional gift received during a commercial offer on the Site.
(iv) Items must be returned in their original packaging.
Any product that does not comply with the conditions mentioned above will not be taken back or refunded. In this case, no refund will be required, the Buyer will remain the owner of the product, which he can collect from his address at his own expense (within a maximum period of one month).
A. RETURN PROCEDURE:
Before returning the items to be returned or exchanged, the Buyer must:
1. Make a return request in the “My Account” section here. Obtain the return number.
2. Return your items in packaging that guarantees the integrity of the returned products
3. Complete the return slip, clearly indicating the return number, downloadable here to enable us to process the request as best as possible.
4. Return your order, accompanied by the delivery note, to the following address:
France
The Seller undertakes to reimburse the Buyer for all amounts paid. The reimbursement is made according to the payment method used by the Buyer, within a maximum period of fourteen (14) days after the exercise of the right of withdrawal by the Buyer.
Reimbursement of this amount may however be deferred until recovery of the returned goods.
For any additional information on the scope, content and instructions regarding the exercise of the Buyer's right of withdrawal, the latter may contact Customer Service.
As this is an electronic sale, no complaints can be processed in store.
B. EXCHANGE CONDITIONS:
The Seller undertakes to exchange, under the conditions described below, La Bagagerie Products purchased on the Site labagagerie.com/fr and delivered in Metropolitan France, Corsica and Monaco.
The Buyer has a period of fifteen (15) days from receipt of the products to exchange one or more products (subject to available stocks) provided that the total amount of the products exchanged is less than or equal to the total amount of the products returned.
In order to proceed with an exchange, the Buyer must comply with the conditions and return procedure described in article 6.a Return procedure.
The exchange order will be shipped within five (5) business days following the return of the returned items to stock. The Buyer will receive a shipping confirmation email with the tracking number of the package when the exchange order is shipped.
C. CONDITIONS OF REIMBURSEMENT:
The Buyer has fifteen (15) days from the date of delivery to request a refund.
The Seller undertakes to reimburse the Buyer within fourteen (14) working days following receipt of the returned items. The reimbursement will be made via the means of payment used for the order. The Buyer will be reimbursed for the returned items subject to compliance with the return conditions mentioned above.
For any questions regarding the return, exchange or refund of a good, the Buyer can contact Customer Service.
RIGHT OF WITHDRAWAL
The Buyer has a period of fourteen (14) days, from the day of delivery of the order, to exercise his right of withdrawal without having to provide reasons or pay penalties, with the exception of return costs which are his responsibility.
Download your withdrawal voucher.
The product(s) must be returned under the conditions set out in the article returns and refunds, Conditions of return, refund or exchange, of these General Terms and Conditions.
The Seller undertakes to reimburse the Buyer for all amounts paid. The reimbursement will be made to the bank card account debited when ordering, within a maximum period of fourteen (14) days after the Buyer exercises the right of withdrawal, subject to compliance with the conditions mentioned above.
PRICE
The prices of the Products are in Euros (€) and are valid in mainland France, Corsica and Monaco. They take into account any reductions as well as VAT, applicable on the day of the order unless there are significant changes in charges and in particular VAT.
Prices shown do not include handling, shipping and packaging costs which will be charged.
Any order is invoiced at the price in effect on the day the order is placed. For this purpose, the Seller has a price scale and any discounts available to the Buyer.
PAYMENT
The amount owed by the Buyer is the amount indicated on the order confirmation as displayed on the web page dedicated to this purpose and then sent by email by the Seller to the Buyer.
The Buyer will have the choice when validating his order as specified above, between different payment methods.
Payment must be made immediately online by credit card (Bleue, Visa, Eurocard/Mastercard) or via Paypal, excluding any other payment method.
The order will only be validated by the Seller after verification and confirmation of the validity of the payment.
In any event, the Seller reserves the right to refuse any order or delivery in the event of (i) exceeding the ceilings indicated in the “Purchase Conditions” article herein, (ii) an existing dispute with the Buyer, (iii) total or partial non-payment of a previous order by the Buyer, (iv) refusal of authorization for payment by bank card by banking organizations, (v) non-payment or partial payment.
The Seller retains ownership of the Product(s) ordered until full payment of the price and its accessories, including shipping costs, by the Seller. In the event of a payment incident, the Buyer undertakes to return the products received to the Seller upon first request.
In order to protect the Seller from abusive practices carried out by fraudsters, and in the event that the Seller or the online payment service provider suspects the fraudulent nature of an order, they reserve the right to ask the Buyer (prior to processing the order) for additional documents (in particular proof of address and debit in the name of the Buyer, photocopy of the Buyer's identity card, photocopy of the Buyer's bank card) in order to verify that the order is not fraudulent.
In the absence of a response from the Buyer within fifteen (15) days following the sending of the request by the Seller or the online payment provider, the order will be cancelled and the Seller will proceed as soon as possible to reimburse it to the bank account debited when ordering.
Any delay in payment, in whole or in part, of invoices on their due date automatically and without formal notice results in the application of late payment penalties payable on the day following the payment date shown on the invoice, in accordance with Article L. 441-6 of the French Commercial Code. The interest rate on the penalties is equal to three times the legal interest rate in force. In addition to these penalties, the Buyer must pay the Seller a fixed compensation of 40 euros for recovery costs. Under Article L. 441-6 of the French Commercial Code, when the recovery costs incurred are higher than the amount of the fixed compensation, the Seller is entitled to request additional compensation upon justification. Any delay in payment may result, at the sole discretion of the Seller, in the immediate suspension of any new delivery until full payment of all outstanding installments, late payment penalties and recovery costs.
GUARANTEE
The warranty period is six (6) months for bags and small leather goods and two (2) years for luggage from the sale of the Products by the Buyer to the end user, without prejudice to the legal warranty, and subject to proper use by the end user.
You can find more information about the warranty here.
RETENTION OF TITLE AND RISKS
The Products, even when delivered, remain the property of the Seller until full payment of the price appearing on the invoice(s) by the Buyer. Payment is deemed to have been made in full upon actual and full collection by the Seller, payment being understood to mean the settlement of the principal, interest and costs possibly due.
However, the transfer of risks relating to the Products will take place as soon as the Products are made available to the Buyer.
INTELLECTUAL PROPERTY RIGHTS
In no case shall the execution of the General Conditions of Sale by the Buyer confer on the Buyer any direct or indirect right to the ownership of the brands of the Products, logos or any other distinctive signs relating to the Products. Similarly, no representation of the brands of the Products, in particular for advertising purposes, by the Buyer or by agents, subcontractors or employees shall be possible without the prior written consent of the Seller.
All content on the Site is the exclusive property of the Brand. The content of the Site includes, but is not limited to, images, texts, drawings, graphics, videos, logos, acronyms, brands, names, the structure and content of the Site, its tree structure, visual identity, database and any other element making up the Site (hereinafter referred to as the "Content of the Site").
Use of the Site does not in any way grant any right relating to copyright, trademark rights or other intellectual property rights over the Content of the Site. Except for the exceptions expressly provided by the Seller, it is prohibited to reproduce in whole or in part, by any process whatsoever, to distribute, publish, modify, assign or sell all or part of the Site or the Content of the Site, or to create content derived from the Content of the Site.
The Buyer is authorized to make a copy of the Content of the Site for the exclusive purposes of information and for personal and private use.
FORCE MAJEURE
The Seller's obligations shall be suspended in the event of the occurrence of a force majeure event for as long as the circumstances leading to the force majeure event continue. Any event, whether fortuitous or not, beyond the will or control of the party affected by the force majeure event, but not necessarily unforeseeable, shall be considered as force majeure, within the meaning of the General Terms and Conditions of Sale, such as, without limitation, cases of war, strike, breakdown, fire, explosion, flood, difficulties in the supply of raw materials or energy, supplies, administrative or judicial injunction, and any other event preventing the affected party from acting in fact or in law.
CONFIDENTIALITY
A. PERSONAL INFORMATION
The following are considered to be confidential information: trade secrets, methods and/or any technical and/or commercial information of either party transmitted in the context of a commercial offer or an order. Each party will respect the confidential nature of this information exchanged and will not disclose it or make it available to third parties without having obtained the prior written consent of the other party.
Each party will respect the obligations resulting from this confidentiality clause for the entire duration of the relations and as long as the confidential information has not fallen into the public domain in a regular manner.
Upon simple written request from one of the parties, the other party undertakes either to return any document containing confidential information, or to destroy it and provide a certificate of destruction. Under no circumstances may a copy of these documents be kept.
It is recalled that the Buyer has the right to access, modify, rectify and delete personal information collected concerning him/her.
To exercise this right, the Buyer can send a message to the Seller's Customer Service.
The Buyer may be required to receive informational emails from the Seller about the Seller's products and activities. The Buyer retains the right to refuse such communication either a priori by not giving his consent at the time of validation of the order, or a posteriori by expressing his refusal to Customer Service.
B. COOKIES
The Site uses cookies. Cookies are computer files stored on the hard drive of the Buyer's computer. For more information on the use of cookies by the Seller on this Site, we invite you to read the information available here.
PARTIAL DISABILITY
If one or more provisions of the General Conditions of Sale were deemed unlawful or null, this unlawfulness or nullity will not have the effect of causing the other provisions of the General Conditions of Sale to be unlawful or null.
NOTIFICATION
Any notification that would be reciprocally to be made under the General Conditions of Sale will be well and validly made by simple registered letter with acknowledgement of receipt and in the event of a justified emergency by fax and/or email or, in the event of interruption of the postal service, by any useful means, all deadlines running either from the day of delivery of said letter or its first presentation, the indications of the Post and Telecommunications being authentic, or from the day of delivery of the notice delivered by another means.
APPLICABLE LAW AND JURISDICTION
The General Conditions of Sale are subject to French law.
Any dispute or litigation, whatever the cause, concerning in particular the formation, interpretation, execution or non-execution of the General Conditions of Sale, will be under the exclusive jurisdiction of the Paris Commercial Court, even in the event of a warranty claim or multiple defendants.