Terms and conditions
Article 1 : Scope of implementation and Evolution of the sale terms
The following sale terms and condition apply to all orders placed on the www.scalp-casques.com website. Scalp products are distributed by LCT Sarl - Share capital : 6 000 euros - registred at the “registre du commerce d’Aix en Provence” number 504 783 762. Adress : 31 Parc du Golf – CS 90519 – 13593 Aix en Provence Cedex 3 - France The website is property of LCT Sarl. LCT Sarl reserve the right to adapt or modify these sale terms and conditions whenever appropriate. In case of modification, the sale terms and conditions to be applied to the orders placed are the ones in use at the time of ordering.
Article 2 : Product availability
Our products are manufactured upon order following the customer’s specifications. Once an order has been received, we check the product(s)’s availability. Should the product not be available, the delivery time shall not exceed 90 days, or Scalp shall propose a similar product at a similar price, or refund the customer by check or by bank transfer. For online payment by credit card, the date of order validation is the date of order. Scalp website is for personal customers only. A product may not be ordered twice on the same order form.
Article 3 : Order authentication and digital signature (French Law dated 13 March 2000 regarding digital signature)
Upon « double-cliking » to confirm digital signature and approve an order, the buyer irrevocably confirms his order. The latter shall only be modified or cancelled according to the present sale terms and conditions.
Article 4 : Prices
LCT Sarl reserve the right to modify their goods’ price whenever appropriate. However, the prices in use at the time of ordering shall be applied.
Article 5 : Payment terms and security
Payment by credit card: The order is settled on our partner s’ bank servers (Caisse d'Epargne), which guarantees that no bank information regarding our cutomers’ account shall ever be processed via Scalp’s website. Hence the fact the payment is secure. Following this procedure, each order is entered and confirmed once the payment has been accepted by the bank. Security Our customers’ credit card details are encrypted through the SSL (Secure Socket Layer) protocol and are never transferred uncrypted on the network. The payment is made directly to the bank. Cdiscount has absolutely no access to those details and does not keep them on their servers. This is the reason why the credit card data of our customers are requested upon each new online order. Clause of reserve of property The goods remain property of LCT Sarl until the total amount invoiced has been paid to LCT Sarl. However, upon receipt of the shipped goods, the customer bears the goods’ risks. Case of non-payment LCT Sarl reserve the right to refuse to deliver an order or to honour an order placed by a customer who would not have totally or partially settled a previous invoice or with whom a dispute about non-payment would be pending.
Article 6 : Delivery lead time and conditions
6.1 - Conditions
General conditions The goods shall be delivered to the address the customer has entered during the ordering process. In order to guarantee the effective follow-up of shipped parcels, we do not deliver orders to military bases or other military facilities. The parcel is handed to the customer once he has showned an I.D. and signed the form presented. Should the customer not be at home (or in case delivery is not possible due to other causes) : - the customer receives a notice saying that shipping company came to deliver and there was nobody home - the parcel is automatically delivered to the nearest « Relais Colis » to the customer’s home - the customer may pick up the parcel on the same day according to his availability and to the opening hours of the « Relais Colis », upon presentation of an I.D. or an authorization Should the delivery man/woman not be able to slip a note in the customer’s mailbox to inform him that shipping company has come to deliver when nobody was home (if, for instance the customer’s mailbox is not accessible due to a digi-code) the parcel shall not be left at the « Relais colis ». A shipper’s representative shall get in touch with the customer to get the code. Delivery is not possible to Corsica Military addresses
6.2 - Shipping lead time
All lead times are set in working days. They are average lead times and include order processing, preparation and shipping (Ex Works). They start running upon order validation. Should the shipping lead time be overcome, the order may be cancelled if not shipped by LCT Sarl. To cancel the order, the customer must contact the company’s Customer Service Department.
6.3 - Delivery lead time
According to the type of goods ordered, LCT Sarl shall choose to use the French post office or a private shipper to deliver the goods to the address indicated on the order form. The notified lead times correspond to a shipping from our premises (Ex Works). The choice of a delivery mode depends on the weight, the volume and the value of the items
Article 7 : Responsibility – Case of absolute necessity
• LCT Sarl shall not be held responsible should the contract not be implemented due to a case of absolute necessity, such as a complete or partial post office or shipping company’s strike, or consequence of floods or fire. As far as goods bought to satisfy professional needs, Cdiscount.com shall bear no responsibility whatsoever for any indirect damage caused by the above mentioned circumstances that is, turnover loss, profit loss, damages or unexpected fees. • The customer is fully responsible for the choice and the purchase of goods or services. Should the goods not be compatible with existing customer’s material, and consequently, impossible to use, no compensation nor refund will be made and LCT Sarl shall not be held responsible at any time regarding the above. The only exceptions are : hidden fault, non conformity, defectiveness or in case the retractation right (cancellation) shall be applied.
Article 8 :Processing of undeliverable parcels
The reasons may be: left address or unknown; parcel unclaimed; parcel refused; transport damage; despoilment…
8.1 - Les retours sous le motif NPAI
Definition Those are the parcels which are returned to the sender when the recipient does not live or is unknown at the mentioned address. Left address or unknown processing After receipt of the parcel back to our premises, an e-mail is sent to the e-mail address as indicated by the customer, in order to check his address and resend the parcel. This operation may be charged to the customer.
8.2 - Unclaimed parcels
Definition Those are the parcels which have not been claimed by the recipients at the shipping company’s within the announced lead time. Processing of unclaimed parcels After receipt of the parcel back to our premises, an e-mail is sent to the customer to find out the reason why the parcel has not been claimed. The parcel may be resent upon request of the customer. The corresponding shipping fees may be charged to him.
8.3 – Parcels refused
The recipient has refused the parcel upon delivery After receipt of the parcel back to our premises, an e-mail is sent to the customer to acknowledge receipt of the returned parcel. Parcel refused because it has been opened or damaged Should the parcel be damaged, torn, open… the customer must refuse it and contact the company’s customer service for information in due course. If the shipping company is the French Post, the customer must request a “ spoliation form ” when the parcel is refused. After receipt of the parcel back to our premises and according to the type of goods, of available stock and following the customer’s request, LCT Sarl shall offer to resend the goods originally ordered or other products of equivalent features. Should the goods be really damaged, we strongly advise the customer to refuse the parcel and to mention a reserve on the delivery note (parcel refused because opened or damaged upon delivery ; the customer must describe the damages with as much details as possible). The customer must also confirm this reserve by registered mail to the shipping company within the 2 working days following the delivery and send us a copy of it, including the references on the delivery slip. IMPORTANT : Once the delivery slip has been signed, we consider that the goods have been checked by the customer. Consequently, SHOULD THE ABOVE NOT BE RESPECTED BY THE CUSTOMER, NO CLAIM SHALL BE ACCEPTED (Article L.133-3 of the French « Code du Commerce »).
8.4 – Parcels returned due to despoilment
Definition Those are the parcels which have not been delivered to the recipient because of despoilment: parcel has been opened, shock marks, empty parcels… Processing of parcels returned due to despoilment After receipt of the parcel back to our premises and according to the type of goods, of available stock and following the customer’s request, LCT Sarl shall offer to resend the goods originally ordered or other products of equivalent features.
Article 9 : Parcel return right
9.1 - Procedure and general conditions of parcel returns
In order to identify and consequently to process returned parcels in the most efficient manner, LCT Sarl must have been previously contacted for prior approval in case a parcel needs to be returned. Should the returned parcel not have been previously approved by LCT Sarl, we reserve the right to refuse the returned parcel. According to the cause of the return, a specific deadline shall apply to get in touch with the customer service department. The request for parcel return must be done at the company’s customer service department, which will provide a number corresponding to the return agreement and a return shipping voucher. Upon reception of the agreement, the customer must return the goods within the next 15 days. Should this deadline not be respected, the returned parcel shall be refused. We advise the returns to be sent using « Colissimo», otherwise, should the returned parcel not reach us, the customer would not be able to request an investigation by the French post office to track the parcel back. Please note that LCT Sarl is not liable for any parcel which has not been shipped by LCT Sarl. The sender is the only person who may request an investigation by the post office. In order to effectively process your request, please make sure to mention your order number as well as your complete name and address. Important notice: upon receipt, LCT Sarl shall control the conformity of the returned goods and the cause for return. Should the returned goods not conform, they shall be refused and resent to the customer. Should the goods be returned for a wrong cause, the goods might be sent back to the customer and the shipping fees charged to him. The cause for return may be corrected by LCT Sarl. In that case, the customer shall be informed and the processing of the return shall be done according to the new cause.
9.2- Parcels returned for cancellation
SCALP products are manufactured upon order, according to the customer’s specifications. Within this frame, article L.121-20 and following of the French « Code de la Consommation » do not apply. Each order is considered firm and may not be cancelled.
Article 10 : Guarantee, insurance and after-sales service
SCALP products are guaranteed for one year. In order to benefit from the guarantee, the invoice must be kept. The guarantee covers problems with materials used or manufacturing issues. LCT Sarl is not liable for any damage caused by the following: 1) fall or accident 2) technical modification by the user or a third party (glue, tape, paint, screw, etc.) 3) use of or contact with any harmful chemicals (among others: white spirit on the screen treatment) or important heat source 4) inadequate use : unusual conditions (underwater, for instance), lack of cleaning or care 5) ageing due to fair wear and tear of material and inside foams, outside or screen appearance (scratches, etc.) 6) unusual and long exposure to UV rays, especially for colours and decoration Moreover, the subjective consequences of use such as comfort, size, noise or hissing, aerodynamics fault, etc. shall not be covered by the guarantee. LCT Sarl shall not be held responsible for the temporary unavailability of the helmet due to adaptations requested by the customer. Guarantee of hidden fault According to articles 1641 and following of the French « Code civil », the guarantee for hidden faults shall apply. Goods identified as having a hidden fault only shall be returned for that cause. According to this article, a customer who declares that his goods have a hidden fault shall prove it. Consequently, the goods must be appraised further to the customer’s request by a chartered expert who will be in charge of certifying the hidden fault. Should the appraisal confirm the existence of a hidden fault, the corresponding report must be sent to LCT Sarl customer service in due course. Upon receipt of the document, an agreement number for goods return as well as the corresponding procedure shall be released by the customer service department. The shipping fees shall be paid for by LCT Sarl. The goods return shall be approved upon confirmation of hidden fault by LCT Sarl. Upon approval of the return, a refund corresponding to the purchase price shall be made. In case a hidden fault is confirmed, the fees corresponding to the appraisal by a chartered expert may be refunded to the customer upon receipt of the corresponding original invoice.
