Terms of sale
Article 1 - GENERAL PROVISIONS - SCOPE
1.1 These Terms and Conditions of Sale ("T&Cs") determine the rights and obligations of the parties in the context of online sales of Products offered by LaCasaDellaFibra
1.2 Any Order placed on the website www.lacasadellafibra.com implies prior acceptance without restriction of these Terms and Conditions of sale, which are subject to English law. These T&Cs are therefore an integral part of the Contract between the Customer and the Limited Liability Partnership. They are fully enforceable against the Customer who declares having read and accepted them, without restriction or reservation, before placing the Order.
1.3 These T&Cs apply to any Order placed by an adult natural person acting as a consumer. The Customer therefore attests that they are a natural person over 18 years of age, acting for purposes which are outside their trade, business, craft or profession. They acknowledge having full capacity to enter into contracts when placing an Order and undertake to provide truthful information regarding their identity.
1.4 EXCLUSION: Expressly excluded from the scope of these T&Cs are persons acting in a professional capacity, that is, natural or legal persons, public or private, who act for purposes within their trade, business, craft or profession, including when acting on behalf of or for another professional.
Professionals who wish to place an Order with the Limited Liability Partnership are invited to contact us directly.
1.5 The T&Cs applicable to each Order are those in force on the date of payment (or first payment in case of multiple payments) of the order. The Limited Liability Partnership reserves the right to modify them at any time, by publishing a new version on its website. These T&Cs can be consulted on the Limited Liability Partnership's website at www.lacasadellafibra.com and are downloadable in PDF format.
Article 2 - ONLINE CONTRACT CONCLUSION
2.1. Order Process
To purchase one or more Products on the site, the Customer selects each Product and adds it to their basket. Once their selection is complete, they must confirm their basket to proceed to Order (1st click)
At this stage, the Customer is redirected to a page containing:
A summary of selected Products, corresponding prices, terms and delivery charges. They must then verify and possibly correct the contents of their basket.
These T&Cs. They must read them carefully before validating the entire Order.
This Order validation after basket verification and reading of T&Cs (2nd click) constitutes the conclusion of the Contract and the Customer acknowledges that the 2nd click creates a payment obligation on their part.
The Customer is then redirected to the payment page. They can choose between different payment methods offered and proceed with payment of their Order.
After validating their Order and making payment, the Customer receives, at the email address provided when creating their account, a confirmation message from the Limited Liability Partnership. This message contains, in PDF format:
The Order summary (selected Products, prices, terms and delivery charges);
The Order number;
The withdrawal terms, conditions and form;
These T&Cs in PDF format.
If the Order confirmation is not received, it is recommended that the Customer contact the Limited Liability Partnership via the contact form on the website.
The Customer then receives a purchase invoice transmitted electronically, which the Customer expressly accepts.
It is strongly advised that the Customer keep this confirmation message and the purchase invoice also transmitted electronically as these documents can be produced as proof of the Contract.
2.2 Cases of Order Validation Refusal by the Limited Liability Partnership
The Limited Liability Partnership reserves the right to refuse your Order for any legitimate reason, including but not limited to:
Order not compliant with T&Cs;
Quantities ordered not corresponding to normal use by a Consumer Customer;
Non-payment of a previous Order or ongoing dispute regarding a previous Order;
Suspicion of fraud on the Order (supported by consistent evidence).
Article 3 - PRODUCT SPECIFICATIONS AND AVAILABILITY
3.1 Product Specifications
The essential characteristics of goods and their respective prices are made available to the Customer on the Limited Liability Partnership's websites, as well as, where applicable, information on product use.
Although the Limited Liability Partnership reasonably ensures that Specifications are accurate, said Specifications, subject to certain exceptions such as pricing information, are provided by the Limited Liability Partnership's suppliers. Consequently, the Limited Liability Partnership disclaims any liability for possible errors contained in the Specifications.
Specifications are presented in detail and in English. The Parties agree that illustrations, videos or photos of Products offered for sale have no contractual value. The validity period of Product offers and their prices is specified on the Limited Liability Partnership's websites.
3.2 Product Availability
Product offers are valid while stocks are available from our suppliers. This Product availability is normally indicated on the specific Product page.
However, since the Limited Liability Partnership does not maintain stock reservations (except for specific cases of Products marked as pre-order on the Product page), adding a Product to the basket does not absolutely guarantee the Product's availability or its price.
In the event that a Product becomes unavailable after the Customer's Order validation, the Limited Liability Partnership will immediately inform them by email. The Order will be automatically cancelled and the Limited Liability Partnership will refund the total price of the initially ordered Product, as well as any amount paid for the Order.
However, if the Order contains other Products than the one that became unavailable, these will be delivered to the Customer and delivery charges will not be refunded.
Article 4 - PRODUCT PRICES
4.1 Reference Prices Shown on Websites
The reference price of Products offered on the site is the price recommended by the brand, manufacturer or its official representative. Failing that, it is a price determined based on prices at which the Product is commonly sold in a panel of retailers distributing it. This price is updated as soon as the brand, manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price practiced within the panel of retailers is modified.
4.2 Modification of Prices Shown on Websites
Product prices are indicated on Product description pages. They are indicated excluding tax, customs duties and shipping costs. The Limited Liability Partnership reserves the right to modify Product prices at any time, in compliance with applicable legislation.
Ordered Products will be invoiced based on the price in force on the site at the time of Order validation.
4.3 Product Prices
As many Products are imported from abroad (outside the European Union) at Customers' request, Product prices sold through the websites are indicated in Pounds Sterling excluding taxes (excluding VAT and customs duties) unless otherwise indicated. They are precisely determined on Product description pages. They are also indicated in Pounds Sterling excluding tax (excluding VAT and customs duties), unless otherwise indicated, on the Product Order page, and excluding specific shipping costs.
Product prices do not include import VAT, import taxes or customs duties, which must be paid additionally and will be entirely borne by the Customer, who is liable for these taxes as the Product recipient.
Product prices do not include packaging, conditioning, shipping, transport, insurance and delivery costs of Product(s) to the delivery address.
4.4 Tax Payment
The Customer is solely responsible for the process of declaring and paying import VAT during Product customs clearance. They may be required to pay import VAT. As this tax is not within the Limited Liability Partnership's responsibility, it cannot be held liable for reimbursement of this tax.
For all products shipped outside the United Kingdom and/or British Overseas Territories, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. The Limited Liability Partnership has no control over these duties and amounts.
They will be borne by the Customer and are their responsibility (declarations, payment to competent authorities, etc.). The Limited Liability Partnership invites the Customer to inquire about these aspects with the corresponding local authorities.
Article 5 - PAYMENT OF PRODUCT PRICES
5.1 Payment Timing
Full payment for the Order must be made immediately after Order validation.
The Limited Liability Partnership may, exceptionally, grant payment in several installments, particularly with regard to the amount to be paid and their knowledge of the Customer concerned. However, the Limited Liability Partnership has no obligation to grant such payment terms. In case of special circumstances, the Customer may request this by contacting the Limited Liability Partnership's Customer Service at support@lacasadellafibra.com.
5.2 Payment Methods
To pay for their Order, the Customer can choose between different payment methods:
Payment by credit/debit card:
Only bank cards linked to a banking institution located in the United Kingdom or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The Customer guarantees the Limited Liability Partnership that they have the necessary authorizations to pay with the bank card used. They expressly acknowledge that the payment commitment given by card is irrevocable and that the communication of their bank card number constitutes authorization to debit their account up to the total amount corresponding to the ordered Products. The amount will be debited at the time of Order validation.
Bank card payments are made via a secure payment platform and bank card information communicated benefits from SSL encryption protocol.
Payment by gift vouchers and/or promo codes
Gift vouchers and/or promotional codes issued by the Limited Liability Partnership can be used to pay for all or part of the Order. These gift vouchers and/or promotional codes are valid only once. In case of attempted fraudulent use of gift vouchers and/or promotional codes, the Limited Liability Partnership may proceed with pure and simple cancellation of the Order.
Generally, in case of payment authorization refusal from officially accredited organizations or in case of non-payment of the Order, the Limited Liability Partnership reserves the right to suspend and/or cancel said Order.
The Limited Liability Partnership reserves the right to suspend any payment method at any time, particularly in case where a payment service provider no longer offers the service used or in case of a dispute with a Customer regarding a previous Order.
The Limited Liability Partnership reserves the right to implement an Order verification procedure designed to ensure that no person uses another person's bank details without their knowledge. As part of this verification, the Customer may be asked to send by email or mail to the Limited Liability Partnership a copy of an ID document, proof of address and a copy of the bank card used for payment. Precise indications on the exact content of requested information (to preserve data confidentiality) will be communicated to the Customer in case of verification. The order will only be validated after receipt and verification of sent documents.
Article 6 - DELIVERY - CUSTOMS CLEARANCE - RECEPTION
6.1 Delivery
Before Order validation, the Limited Liability Partnership communicates to the Customer information concerning different delivery methods and their respective rates. Following the Customer's choice of delivery method, the Limited Liability Partnership communicates an estimated delivery time.
The Limited Liability Partnership will make every effort to ensure that Product(s) are delivered no later than the planned delivery date. In case of difficulty, the Limited Liability Partnership commits to quickly communicate with the Customer to inform them and seek an adequate solution with them.
Air transport, shipping and/or delivery of Product(s) will be entirely borne by the Customer ("Delivery Charges"). These delivery charges are included in the final price invoiced to the Customer at Order. However, any customs fees are not included in the price invoiced to the Customer by the Limited Liability Partnership.
Depending on the methods chosen by the Customer, delivery will be made either to the address mentioned by the Customer, or where applicable, to a collection point chosen by the Customer from the list of available points. It is therefore incumbent upon the Customer to carefully verify the information provided for delivery as they remain solely responsible in case of delivery failure due to incomplete or incorrect information.
6.2 Customs Clearance
During their purchase, the Customer buys the product excluding taxes and becomes the importer of the purchased product in their capacity as Product recipient.
They are therefore particularly responsible for product import and customs clearance processes with local customs offices. Depending on their order price, they may be required to pay customs duties (for Products with a customs value exceeding £150).
The Customer is solely responsible for the process of declaring customs duties during Product customs clearance. These customs duties, which are not invoiced to the Customer by the Limited Liability Partnership, are not within the Limited Liability Partnership's responsibility. The latter therefore cannot be held liable for reimbursement of these duties.
6.3. Reception
Upon Product reception, the Customer undertakes to verify that the Product is complete and undamaged.
In case of anomaly detection, the Customer must contact the Limited Liability Partnership's Customer Service within three days (excluding public holidays) following the Product reception date. Any complaint filed outside this period cannot be processed.
Article 7 - WITHDRAWAL
7.1 Principle and Deadline
The Customer has the right to withdraw, without giving any reason, within fourteen (14) calendar days from the date of Order reception. In case of Order of several Products, the period runs from the reception of the last Product.
In case of exercise of the right of withdrawal within the aforementioned period, the price of purchased Product(s) and shipping costs will be refunded, return costs remaining at the Customer's expense.
7.2 Exclusions
In accordance with the Consumer Rights Act 2015, this right of withdrawal cannot be exercised for the following contracts:
For the supply of goods or services whose price depends on financial market fluctuations beyond the professional's control and likely to occur during the withdrawal period;
For the supply of goods made to the consumer's specifications or clearly personalized;
For the supply of goods likely to deteriorate or expire rapidly;
For the supply of sealed goods which have been unsealed by the consumer after delivery and which cannot be returned for health protection or hygiene reasons;
For the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
For the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value at contract conclusion depends on market fluctuations beyond the professional's control;
For urgent maintenance or repair work to be carried out at the consumer's home and expressly requested by them, limited to spare parts and work strictly necessary to respond to the emergency;
For the supply of sealed audio or video recordings or computer software which have been unsealed by the consumer after delivery;
For the supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
Concluded during a public auction;
7.3 Methods of Exercising the Right of Withdrawal
To exercise their right of withdrawal, the Customer must inform the Limited Liability Partnership of their intention to withdraw either by completing the standard form whose model appears below, or by sending an unambiguous declaration expressing their intention to withdraw within the 14-day period mentioned above.
Standard withdrawal form template:
To the attention of LaCasaDellaFibra
I, the undersigned ______ hereby notify you of my withdrawal from the contract for the sale of the Product below:
Product Name:
Order date and reception:
Order number:
Withdrawal request tracking number:
Customer Name:
Customer Address:
Customer Signature: (only in case of notification of this form on paper)
Date:
This form must be sent to the Limited Liability Partnership at one of the following addresses:
For electronic mail, to the address: support@lacasadellafibra.com
The Customer has 14 days from sending the withdrawal notification to return the Product to the Limited Liability Partnership in its original packaging, return costs being at the Customer's exclusive expense.
Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to allow resale by the Limited Liability Partnership. In case of reception of opened, used, incomplete, damaged or soiled Products, the Limited Liability Partnership will not proceed with any refund and may even, if deemed necessary and adequate, engage the Customer's liability for Product depreciation.
In case of Product return under conditions provided by law and these T&Cs, the Limited Liability Partnership will proceed with refund of all amounts paid by the Customer, including delivery costs, within 14 days of withdrawal notification, unless the Product is sent later. In this case, the Limited Liability Partnership will only proceed with refund after reception and verification of the returned Product's condition.
This refund will be made using the same payment method used by the Customer to pay for the Order, unless express agreement from the Customer for another payment method. In case of payment by gift voucher/promotional code, the Customer will be refunded either by sending new gift vouchers/promotional codes for an amount identical to that paid in this form.
Article 8 - WARRANTIES
8.1 Legal Warranties
The Limited Liability Partnership remains bound by product conformity defects in accordance with the provisions of the Consumer Rights Act 2015 and the Sale of Goods Act 1979.
When acting under the legal warranty of conformity (as provided by the Consumer Rights Act 2015), the Consumer Customer:
Benefits from a period of 2 years from delivery to act
Can choose between Product repair or replacement, subject to cost conditions provided by the Consumer Rights Act 2015
Is exempt from proving the existence of the conformity defect during the 30 days following delivery of the good if the Product is new, and during the 30 days following delivery if the Product is sold second-hand.
The Customer can also decide to act under the legal warranty against hidden defects under the Sale of Goods Act 1979, where the Customer can choose between contract termination or a price reduction.
These legal warranties apply independently of any contractual warranty.
8.2 Manufacturer Warranty
Certain Products for sale on the Site benefit from a contractual warranty granted by the supplier or manufacturer of the Product, to which the Limited Liability Partnership is not directly party.
The existence of this type of warranty is mentioned, where applicable, on the specific Product page.
If the Customer wishes to invoke this warranty, they should report it to the Limited Liability Partnership through Customer Service contact and consult the warranty application terms themselves, which are generally inserted in the box concerning the Product.
It is recalled that the benefit of the Manufacturer Warranty does not preclude the application of legal provisions concerning the legal warranty of conformity and the legal warranty of hidden defects.
Article 9 - PROTECTION OF PERSONAL DATA
As part of the commercial relationship, the Limited Liability Partnership, as data controller, collects certain mandatory personal data (including notably, name, surname, delivery address, etc. marked with an asterisk) which are absolutely necessary for Order processing, commercial relationship management, statistics production and compliance with the Limited Liability Partnership's legal and regulatory obligations. They are kept for 5 years from the end of the Contract.
Failure by the Customer to communicate this information would result in the impossibility of processing their Order.
This data is intended for internal use by the Limited Liability Partnership but may be transmitted to companies that contribute to service execution, including notably those that ensure Product deliveries or process payments.
Regarding this personal data, the Customer has several rights:
Right of access to personal data concerning them;
Right of rectification and deletion if personal data is inaccurate, incomplete, equivocal, outdated or if the collection, use, communication and conservation of certain data is prohibited;
Right to limitation of data processing, provided that this request is duly justified and does not prevent compliance by the Limited Liability Partnership with its regulatory and legal obligations;
Right to object to data processing (particularly in case of processing for commercial prospecting)
Right to formulate post-mortem directives concerning the conservation, deletion and communication of your personal data
Right to withdraw consent to certain processing (processing carried out before consent withdrawal remains lawful)
Right to lodge a complaint with the Information Commissioner's Office (ICO).
To exercise their rights, the Customer can send a request to the Limited Liability Partnership, via:
The request must mention the Customer's email address, names, surnames, postal address and must be accompanied by a copy of their ID document (front and back).
A response will be sent to them within one month from request reception.
Article 10 - INTELLECTUAL PROPERTY RIGHTS
Unless specifically stated otherwise on a Product page, Product sales on the site do not entail any transfer of intellectual property on sold Products.
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Limited Liability Partnership or their original owner. No transfer of intellectual property rights is made through these T&Cs.
Article 11 - FORCE MAJEURE
The Limited Liability Partnership shall not be held liable for non-performance of its obligations under these terms in case of occurrence of a fortuitous event or force majeure that would prevent execution. The Limited Liability Partnership will notify the customer of such an event's occurrence as soon as possible.
Force majeure means any external event that is both unforeseeable and insurmountable which prevents either the Customer or the Limited Liability Partnership from carrying out all or part of the obligations laid down in the contract. Such events shall include but not be limited to:
- The occurrence of a natural disaster
- Earthquakes
- Fires
- Floods
- The outbreak of a war
- Labour disputes preventing normal business operations
- Supply shortages attributable to our suppliers
- Government restrictions or legal changes preventing normal execution of the contract
Article 12 - LIABILITY EXCLUSION
Notwithstanding any contrary provision stated herein, the Limited Liability Partnership cannot under any circumstances be held liable for losses or damages due to inappropriate use of Product(s) by the Customer, including notably unauthorized modification or alteration of Product(s) by the Limited Liability Partnership.
The Limited Liability Partnership's liability, should it be engaged, shall be strictly limited to direct damages actually suffered by the Customer, to the exclusion of any indirect or consequential damage, of any nature whatsoever, such as notably:
- Loss of profit
- Commercial loss
- Loss of customers
- Loss of opportunity
- Loss of data
- Financial or commercial prejudice
- Brand image damage
- Any action directed against the Customer by a third party
Furthermore, the Limited Liability Partnership's liability is limited to the total amount actually paid by the Customer for the Order giving rise to liability.
The Limited Liability Partnership cannot be held liable for:
- Malfunctions or unavailability of the service resulting from the Customer's hardware equipment, internet connection or any external cause
- The contents of third-party websites that may be accessed from the site via hyperlinks
- Non-receipt of emails or any other communication if the Customer has provided incorrect or outdated contact information
- Any damage resulting from unauthorized use of the Customer's login credentials
These limitations of liability apply within the limits permitted by law, and do not apply in case of personal injury or death, or in case of gross negligence or willful misconduct by the Limited Liability Partnership.
Article 13 - ACCOUNT SUSPENSION - TERMINATION
The Limited Liability Partnership reserves the right to suspend or terminate the account of a Customer who would contravene the provisions of the T&Cs, or generally applicable legal provisions, without prejudice to any damages that could be sought by the Limited Liability Partnership.
Any person whose account has been suspended or closed will not be able to order subsequently nor create a new account on the Site without prior authorization from the Limited Liability Partnership.
The Limited Liability Partnership may terminate or suspend an account in the following circumstances:
- Violation of these T&Cs
- Provision of false, inaccurate, or incomplete information
- Fraudulent or suspicious activity
- Non-payment or payment disputes
- Abusive behavior towards staff or other customers
- Any other legitimate reason determined by the Limited Liability Partnership
Article 14 - ARCHIVING - PROOF
Unless proven otherwise, information recorded by the Limited Liability Partnership constitutes proof of all transactions.
For each Order, the Order summary is sent by email to the Customer and archived on the Limited Liability Partnership's website.
The archiving of communications between the Limited Liability Partnership and the Customer is carried out on computerized registers that are kept for 5 years under reasonable security conditions. These registers, on which exchanges are recorded on a reliable and durable medium, are considered proof of communications, orders, payments and transactions that occurred between the Customer and the Limited Liability Partnership. They can be produced as proof of the Contract.
The archiving of communications, orders, order details, and invoices is carried out on a reliable and durable medium in a way that constitutes a faithful and durable copy in accordance with applicable law. This information can be produced as proof of the contract.
The Customer will have access to archived elements upon simple request to support@lacasadellafibra.com.
Article 15 - NULLITY AND MODIFICATION OF T&Cs
If any provision of these T&Cs is null, it shall be deemed unwritten but will not result in the nullity of all contractual provisions.
Any tolerance on the part of the Limited Liability Partnership, in the application of all or part of the commitments made under these T&Cs, whatever their frequency and duration may have been, shall not constitute modification of the T&Cs, nor generate any right for the Customer.
The Limited Liability Partnership reserves the right to modify these T&Cs at any time. Any changes to these T&Cs will be notified to Customers through the website and will take effect immediately for new orders. For pending orders, the version of the T&Cs in force at the time of order placement will apply.
Article 16 - APPLICABLE LAW AND DISPUTE RESOLUTION
These T&Cs are subject to English law.
16.1 Customer Service and Amicable Resolution
In case of any difficulty, Customer Service is at your disposal to find an amicable solution.
The Customer can contact Customer Service:
- By email: support@lacasadellafibra.com
16.2 Alternative Dispute Resolution
In accordance with the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015, the Customer has the right to submit their complaint to an approved Alternative Dispute Resolution entity.
The European Commission has set up a platform for resolving disputes intended to collect any complaints from consumers following an online purchase. This platform forwards these complaints to competent national mediators. You can access this platform by following this link: http://ec.europa.eu/consumers/odr/.
16.3 Legal Jurisdiction
If an amicable solution cannot be reached, any dispute relating to the interpretation, execution or breach of these T&Cs shall be subject to the exclusive jurisdiction of the English courts.
DISPUTE - CONSUMER MEDIATION
In case of dispute between the Customer and the company, they will endeavor to resolve it amicably (the Customer will send a written complaint to the professional or, where applicable, to the professional's Customer Relations Service).
Failing amicable agreement or in the absence of response from the professional within a reasonable period of one (1) month, the Customer consumer within the meaning of the Consumer Rights Act 2015 has the possibility to refer the matter free of charge to the competent mediator registered on the list of mediators established by the Chartered Trading Standards Institute (CTSI).
In case of disputes regarding online transactions, the Customer can also use the European Online Dispute Resolution platform accessible at: http://ec.europa.eu/consumers/odr/