These general conditions of sale were updated on January 1, 2022

1 - PURPOSE AND ACCEPTANCE OF THE GENERAL CONDITIONS

The 21 degrees site (hereinafter referred to as the “Site”) is an e-commerce site accessible via the Internet at the address www.21degres.com. It is open to any user of this network (hereinafter referred to as "User").

It is edited by:

LOULIGAN SAS (hereinafter referred to as “LOULIGAN”)
Simplified joint-stock company with share capital of €5,000
SIRET: 53994579000035 | VAT number: FR 44 539 945 790
Head office: 1 Place Paul Verlaine - 92100 BOULOGNE BILLANCOURT - France
Email: hello@21degres.com
Director of publication 21 degrees, represented by Mr Lou Bourgoin, in his capacity as President.

21 degrees is a registered trademark of the LOULIGAN company.

These General Conditions of Sale govern the rights and obligations of the Parties resulting exclusively from the online sale of the Products offered on the Site or from the use of the Site.

The Products purchased via the www.21degres.com site are sold by the company LOULIGAN, which makes the offer, to non-commercial individuals who do not act within the framework of their professional or commercial activity (hereinafter referred to as Clients).

The acceptance of these General Conditions of Sale during the ordering process, the order summary sent to the Customer by email and the Customer's payment constitute proof of the conclusion of a contract between LOULIGAN and the Customer, which will be governed by the these Terms. Customers must be of legal age and have the legal capacity to enter into such a contract, otherwise it would not be valid.

Any order confirmation entails full acceptance of these general conditions of sale, without exception or reservation.
It is specified that the User can save or print these general conditions of sale, provided however that they do not modify them.

LOULIGAN reserves the right to modify these General Conditions of Sale at any time, without notice, it being understood that such modifications will not apply to reservations and orders previously accepted and confirmed by the Buyer.

These conditions apply to the exclusion of any other document.

2 - MARKETED PRODUCTS
General provisions

In accordance with Articles L. 111-1 to L. 111-5 of the Consumer Code, the essential characteristics and prices of the Products sold electronically are available on the Site, in accordance with the information provided by the manufacturers of the Products used. by LOULIGAN.

The descriptions of the Products summarize their aesthetic and technical characteristics. The photos of the Products posted on the Site are as faithful as possible to reality.

However, the photographs and graphics presented on the Website are not contractual and do not engage the responsibility of LOULIGAN. In particular, the Customer understands and accepts that certain Products are created or manufactured according to processes which do not make it possible to obtain Products that are all exactly identical but which give them each their own identity and aesthetics, which may vary significantly.

In the event of questions about the Products, the Customer can of course contact LOULIGAN Customer Service by contacting them: by email at the following address: hello@21degres.com or by telephone, from Tuesday to Saturday from 9 a.m. to 6 p.m.

LOULIGAN reserves the right not to follow up on a Customer's order if LOULIGAN reasonably believes that this Customer has breached these General Conditions or that he has engaged in a fraudulent activity, or for any other reason. which seems legitimate.

ARTICLE 3 - TERMS OF ORDERING PRODUCTS

3.1 Registration on the LOULIGAN Site

In order to place an order on the LOULIGAN Site, each User must create a Customer account by following the registration process and providing the required information, which will be protected in accordance with Article 8 below and the stipulations appearing in the Policy of respect for Privacy, accepted by the Customer as soon as he browses the Site.

Failing acceptance of the Privacy Policy, the User cannot create an account.

The accuracy of the personal data provided by the Customer is his sole responsibility; LOULIGAN will under no circumstances carry out a verification of the reality of this data and cannot under any circumstances be held responsible if certain erroneous data were to hinder the smooth running of an Order or a delivery.

When creating his account, the Customer chooses a username and password that will be specific to him to identify himself on the Site. He is solely responsible for maintaining confidentiality.

Thanks to his identifiers, the Customer will be able to access his account at any time (excluding temporary periods of maintenance of the Site) and place an Order there, follow his Orders or deliveries in progress or manage his personal information.

The Customer will be bound by any Order placed on the Site under his personal account (subject to the exercise of his right of withdrawal as provided for in Article 7 below).

3.2 Placing the order

The Customer can place an order on the Site once he has entered his identifiers. He can add all the Products identified as available or on order in his basket by means of the corresponding button, which will be indicated on the Site.

The basket remains available and can be modified at any time until final validation of his purchase order by the Customer (hereinafter the "Order").

Once the contents of his basket have been validated, the Customer can confirm his Order by completing the following steps:

Confirm the selected Products and quantities;

Complete all the information requested by the Site;

Accept without reservation these General Conditions of Sale, by clicking on the button indicated;

Validate the payment, by clicking on the button indicated.

The validation of the Order by the "double click" of the Customer implies acceptance of the prices and characteristics of the Products purchased on the Site, as well as these Conditions.

The Customer is entirely responsible for the accuracy of the identification and delivery information that he provides to LOULIGAN when placing an Order on the Site. In the event of an error that may lead to a delay in delivery, LOULIGAN cannot be held responsible and any additional costs will be borne by the Customer, in accordance with Article 5 below.

3.3 Order Confirmation

At the end of the payment, a payment confirmation email summarizing the details of the Order is sent to the Customer, to the email address indicated during the transmission of his contact details, no later than 24 hours after acceptance of the payment.

The Order confirmation is recorded in LOULIGAN's registers, which are themselves kept on a reliable and durable medium. The Customer accepts that the Order confirmation is considered as proof of the contractual relations entered into with LOULIGAN on its Site.

The Order will be considered final and the contract between LOULIGAN and the Customer formed only upon receipt by LOULIGAN of payment of the price by the Customer.

In accordance with article L121-11 of the Consumer Code, LOULIGAN reserves the right not to validate the Order for legitimate reasons.

3.4 Product Availability

Product offers are within the limits of available stocks. The unavailability of the Product does not engage the responsibility of LOULIGAN, nor entitle the Customer to damages. If a Product is not in stock, a production time for the Products is clearly indicated and accepted by the customer at the time of the Order.

In the event of the unavailability of a marked Product in stock or the exceeding of the manufacturing time indicated after validation of the Order and payment, the Customer may, at his request:

• Or be delivered Products available and refunded the amount All Taxes Included of the unavailable Products of his order.

• Either cancel the entire order and be reimbursed for the amount of the latter, including all taxes, including delivery costs.

• Or request delivery of a Product of equivalent quality and price, within the limits of available stocks.

The refund will be made via the same method of payment as that used by the Customer to pay the amount of his order, within 30 (thirty) days of confirmation of the Customer's choice of compensation method.

ARTICLE 4. PRICE AND PAYMENT

4.1 Calculation of the total price of the Order

The price of the Products indicated on the Website depends on the characteristics of the Products sold (model, operation, condition, etc.)

The prices of the Products are indicated on the Site in Euros, all taxes included, excluding delivery costs. The Value Added Tax is that in force in mainland France on the day of the Order.

The prices applied are those displayed on the Site when the Customer confirms their Order.

Delivery charges are applied according to the delivery area, the amount of the order and/or the standard or express service chosen. The delivery costs are communicated to the Customer when placing his Order. These costs are the responsibility of the Customer and are invoiced in addition to the sale price of the Products. The countries where LOULIGAN is able to deliver to its Customers are available below. For other countries, LOULIGAN can be contacted directly at the following address: hello@21degres.com

The price of the Products and the delivery costs are payable in cash and in full by the Customer at the time of placing the Order. They are indicated on the Order confirmation sent by LOULIGAN to the Customer.

4.2 Methods of payment for the Order

The Customer pays for his order by bank card (Carte Bleue, Visa, Eurocard/Mastercard) or Paypal, in accordance with the provisions of this article.

Any payment by credit card will be made on a secure platform accessible from the LOULIGAN Site. The Customer guarantees that he is the holder or authorized to use the payment card used when paying for the Order. The payment order made by bank card cannot be cancelled. The Customer's bank account will be debited at the end of a period of one (1) working day following the date of confirmation of the Order.

The payment will be considered effective after confirmation of the agreement of the bank payment centers. The payment of the Order by the Customer is irrevocable, without prejudice to the Customer exercising his right of withdrawal.

In the event of fraudulent use of his credit card with LOULIGAN, the Customer is invited to contact LOULIGAN at the number and within the reception times indicated in the Preamble to these Conditions.

The Customer is informed that the Site will never send any communication, by email or any other means, to solicit your bank details.

Ownership of the Products is only transferred to the Customer after full payment of the price by the latter.

ARTICLE 5 - DELIVERY OF THE ORDER

The Products will be delivered to the Customer after validation of payment for the Order, whatever the method.

5.1 Delivery method

Delivery of the Products is ensured in all the countries listed below, by all means of transport approved by LOULIGAN.

The Products are delivered to the address indicated by the Customer when placing his Order on the Site. The Customer must verify the completeness and conformity of the information he provides to LOULIGAN. The latter cannot be held responsible for any input errors or missing information and the consequences in terms of delay or delivery error. In this context or in the context of an impossibility for the deliverer to deliver, all the costs incurred for the reshipment of the order will be entirely the responsibility of the Customer.

5.2 Delivery times

The lead times displayed on the Product sheets on the LOULIGAN website are the maximum lead times. All LOULIGAN teams make every effort to ensure the best possible lead times for its Customers. Customer satisfaction is LOULIGAN's priority.

The delivery time of the Products will be indicated to the Customer when placing his Order and before confirmation thereof and payment by the Customer. LOULIGAN will do its best to ensure that the Order, accompanied by a delivery note, is delivered as soon as possible.

The Customer will be informed of the shipment of the Products by sending an email. LOULIGAN's priority is to deliver the Products of the same order at once. In the event that the Order includes Products whose availability dates differ at the time the Order is placed, it will be shipped when all the Products are available, at once.

In any case, any Product purchased on the Site will be delivered to the address indicated by the Customer when ordering within the maximum time indicated on the site if the Product is not in stock when the order is placed, i.e. between 4 and 6 weeks following receipt of payment for the Order.

In accordance with article L216-1 of the Consumer Code, and under the conditions cited therein, the Customer may denounce the sale in the event of a delay in delivery exceeding 7 (seven) days from the date given to him. indicated and not due to force majeure.

Delivery may however not be guaranteed in the event of force majeure as referred to in article 1218 of the civil code and within the meaning of the case law of the French courts.

LOULIGAN cannot be held responsible for delays in delivery due to errors or disruptions attributable to carriers (example: total or partial strike in particular of the postal services and means of transport and/or communications).

In the event of delays, damage, total or partial loss of the Products and/or the Order, it is the Customer's responsibility to notify LOULIGAN by all means and to bring any reservations duly completed directly to the carrier so that the latter take on its responsibilities. LOULIGAN Customer Service will contact the Customer in order to jointly assess the possible solutions so that the Customer is satisfied.

5.3 Receipt of the Order

A delivery is considered to have been made as soon as the Product is made available at the place of delivery agreed with the Customer when placing the Order and, if applicable, with the carrier. The provision of the Product is validated by the control and traceability system used by the carrier.

Depending on the delivery method chosen, the dated delivery note will simply be delivered by the carrier with the package(s) to the place of delivery (eg in his mailbox) or will be dated and signed by the Customer if it is present when the Order is delivered.

In all cases, the delivery slip provided by the carrier will constitute proof of transport and delivery.

The transfer of the risks of loss and deterioration of the Products will be carried out after delivery and receipt of the Products by the Customer.

Upon delivery of the Order, the Customer must check the content and condition of the Product(s). Therefore, upon delivery, LOULIGAN recommends that the Customer check the condition of the Products delivered before signing the acknowledgment of receipt of the package.

5.4 Reservations on delivery

If he finds anomalies, the Customer must refuse delivery of the Products or issue handwritten, precise and dated reservations. In the event that the carrier refuses this possibility to the Customer, the latter must mention the impossibility of noting the condition of the Products by hand by signing and dating the delivery slip, then make all the necessary reservations with the transporter. These reservations must be confirmed with the latter by registered letter with acknowledgment of receipt within three (3) working days following delivery of the Products. A copy will be sent to LOULIGAN by email at the following address: hello@21degres.com

The conformity of the Products (and the resulting warranty, if any) will be verified in accordance with Article 6 below.

5.5 Withdrawal of Products in the event of the Customer's absence

In the event of the recipient's absence at the time of delivery, the carrier will leave a transit advice note at the delivery address indicated by the Customer. The Products must be collected from the address and according to the methods indicated by the carrier.

In the event of non-collection within the deadlines set by the carrier, the Products will be returned to LOULIGAN, which reserves the right to cancel the Order and reimburse the price to the Customer, the return postage costs remaining the responsibility of the Customer. .

ARTICLE 6 - GUARANTEES: CONFORMITY OF PRODUCTS AND HIDDEN DEFECTS

Before each shipment of an Order, LOULIGAN checks the Products that will be delivered to the Customer in order to ensure their compliance and their suitability with the Order actually placed by the Customer.

Legal guarantee

Without prejudice to the reservations that he may have expressed to the carrier as to the condition or quantity of the Products upon delivery of his Order, the Customer benefits from the legal guarantees of conformity within the deadlines and conditions described in articles L211-1 and following of the Consumer Code, subject to normal use of the Products with regard to their destination.

It also benefits from the guarantee against hidden defects under the conditions and time limits provided for in articles 1641 and following of the Civil Code.

When the Customer acts as a legal guarantee of conformity:

− He has a period of 2 years from delivery of the Product to act; For Products sold second-hand, this period is set at six months.

− He can choose between the repair or the replacement of the good, subject to certain cost conditions provided for by article L.217-9 of the consumer code;

− It is exempted from providing proof of the existence of the lack of conformity during the 24 months following the delivery of the goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

You can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code; in this case, you can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.

Complaints relating to conformity or hidden defects must be duly noted and communicated by post (LOULIGAN, SAS, 1 PLACE PAUL VERLAINE 92100 BOULOGNE BILLANCOURT) or email (hello@21degres.com) without delay to LOULIGAN.

The LOULIGAN guarantee is only exercised upon presentation of the proof of purchase, receipt or purchase invoice of the Product, in the territories in which its Products are offered for sale. The specific warranties relating to certain Products are provided for in the pricing documentation.

ARTICLE 7 - RIGHT OF WITHDRAWAL

In accordance with article L.221-18 and following of the Consumer Code, the Customer has a withdrawal period of fourteen (14) clear days from the date of receipt of his Order, to withdraw ordered without having to give reasons or pay penalties. He must then, within 14 days of withdrawal, return the Products to LOULIGAN, in their original packaging.

Notwithstanding any stipulation to the contrary and in accordance with article L.221-28 of the Consumer Code, the right of withdrawal is not open to the Customer concerning Products made specifically or personalized for the Customer.

To exercise the right of withdrawal, the Customer must notify LOULIGAN (at the address of the registered office of LOULIGAN, 1 PLACE PAUL VERLAINE 92100 BOULOGNE-BILLANCOURT) of its decision to withdraw from this contract by means of an unambiguous declaration . The Customer can use the model withdrawal form but it is not mandatory.

For the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal, before the expiry of the withdrawal period.

In the event of withdrawal from this contract by the Customer, LOULIGAN will refund all payments received from you, including return and delivery costs (with the exception of additional costs arising from the fact that the Customer has chosen, the where applicable, a delivery method other than the less expensive standard delivery method offered by LOULIGAN) without undue delay and, in any event, no later than fourteen days from the day on which LOULIGAN is informed of the decision to withdraw the this contract. LOULIGAN will make the refund using the same means of payment as the one it used for the initial transaction, unless the Customer expressly agrees to a different means; in any event, this refund will not incur any costs for the Customer.

Model withdrawal form:

(Please complete and return this form only if you wish to withdraw from the contract)

For the attention of LOULIGAN, 1 PLACE PAUL VERLAINE, 92100 BOULOGNE-BILLANCOURT:

I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the property below:

Ordered on (*)/received on (*) showing the number (*)

Name of consumer(s):

Address of consumer(s):

Signature of the consumer(s) (only in case of notification of this form on paper):

(*) must be completed with the information at your disposal.

ARTICLE 8 – PERSONAL DATA

In order to process Orders, LOULIGAN collects a certain amount of information and personal data concerning the Customer. The database created by LOULIGAN for this purpose has been declared to the CNIL, in accordance with the requirements of the Data Protection Act as last amended by the GDPR Regulation.

LOULIGAN has taken all useful precautions to ensure the security of its files and the protection of its computer system, and in particular to prevent the Personal Information of Customers from being distorted, damaged or accessed by unauthorized third parties.

This data is intended for internal use for:

• Any action relating to the processing of the Customer's order

• Communicate and personally inform the Customer according to his preferences

This data is also transmitted to third parties and partner companies of LOULIGAN, to ensure order payment operations, delivery of orders by service providers and after-sales service.

• Conduct surveys or satisfaction surveys

• Communicate all Site activity statistics.

LOULIGAN may transmit the Personal Information of the Customer to a third party who would resume its activities in the event of sale, transfer of assets, reorganization or liquidation.

For more details, the Customer is invited to refer to the Privacy Policy of the Site, which has been brought to his attention, and which he has been asked to accept in order to continue his navigation on the Site and place orders.

In addition, for the sake of better service, the Site is intended to collect certain information related to the connection of each user of the Site or Customer on the Site, in the form of "cookies" (eg memorization of identifiers or Products previously added to cart). Each user or Customer may at any time delete all traces of his visit to the Site by deleting in his browser all the "cookies" that the latter may have collected.

ARTICLE 9 - SUSPENSION OR TERMINATION OF THE CUSTOMER ACCOUNT

The Customer may at any time suspend or terminate his registration on the Site, by sending a request to LOULIGAN Customer Service through his account on the Site (by email: hello@21degres.com)

Furthermore, LOULIGAN reserves the right to suspend or close the Customer's account in the event of incidents or payment defaults.

ARTICLE 10 - INTELLECTUAL PROPERTY

LOULIGAN is the sole owner of the “21 Degres” trademark as well as of all the figurative elements present on the Site.

LOULIGAN also holds the intellectual property rights on the Site and the right to distribute the Products appearing in the catalog of the electronic store and in particular the photographs for which it has obtained the necessary authorizations from the persons and authors concerned.

Consequently, the partial or total reproduction, on any medium whatsoever, of the elements making up the Site, of the “21 degrees” brand or of the catalogue, their use and their provision to third parties are strictly prohibited.

ARTICLE 11 - PROOF

The Customer is informed that the computerized registers, kept in LOULIGAN's computer systems under reasonable security conditions, will be considered as proof of communication of orders and payments made between the parties.

The information provided by the Website is authentic between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof, the probative value of which is the same as that granted to an original signed on paper.

ARTICLE 12: FORCE MAJEURE

The performance of LOULIGAN's obligations may be suspended in the event of Force Majeure, as defined by the case law of the French Courts, which would hinder its performance.

LOULIGAN will inform the Customer of the occurrence of a case of force majeure within 7 (seven) days of its occurrence. In the event that this suspension continues beyond a period of 30 (thirty) days, the Customer will have the possibility of terminating the current Order affected by the Force Majeure, and the price of the Products ordered will then be refunded. and delivery charges paid.

ARTICLE 13 - ENTIRETY

These General Terms and Conditions of Sale express all of the obligations of LOULIGAN, the “21 Degres” brand and the Customer. No other general or specific condition communicated by the Customer may be integrated into or derogate from these General Conditions.

ARTICLE 14 - NON-WAIVER

The fact that LOULIGAN does not take advantage of a breach by the Customer of any of its obligations could not be interpreted as a waiver of the obligation concerned and to take advantage of this breach later.

ARTICLE 15 - NULLITY

If one or more stipulations of these General Conditions is held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their strength and scope.

ARTICLE 16 - LIMITATION OF LIABILITY

Under no circumstances may LOULIGAN be held liable for any indirect, incidental, special or incidental damage, and in particular, without limitation, operating loss, loss of profit or loss of opportunity resulting from the purchase of products sold on the Site www.21degres.com, even if LOULIGAN has been informed of the possibility of such damages.

ARTICLE 17 - NO WARRANTY

LOULIGAN cannot guarantee and affirm:

- that the www.21degres.com Site is free of viruses, data crushing programs, Trojan horses or other destructive material;

- that the information contained on the Site www.21degres.com is accurate, complete or up-to-date.

The Site may contain technical inaccuracies or other defects, LOULIGAN does not guarantee the correction of these defects. The Site and the content of this site are presented on an "as is" and "as available" basis. LOULIGAN expressly excludes all warranties of any kind, express or implied, and in particular, without this list being exhaustive, all implied warranties of conformity or appropriation of the Site or its content for usual use or for a specific use, of their quality or absence of contravention of any provision thereof.

ARTICLE 18 - APPLICABLE LAW - DISPUTES - MEDIATION

These General Conditions of LOULIGAN are governed and interpreted in accordance with French law without taking into account the principles of conflict of laws. Application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded.

In the event of a dispute, and in accordance with the provisions of the Consumer Code concerning "the consumer dispute mediation process", you have the right to use the mediation service offered by LOULIGAN free of charge and before any legal action. The consumer law mediator thus proposed is the mediator of the FCD (Fédération du Commerce et de la Distribution).

This mediation mechanism can be reached by:

electronically: https://mediateur.fcd.fr/

or by post: FCD – 12, rue Euler - 75008 PARIS

In accordance with Article L. 612-2 of the Consumer Code, the Customer must justify having tried to resolve his dispute beforehand directly with the LOULIGAN Department, by a complaint sent by post to the head office (LOULIGAN – 1 PLACE PAUL VERLAINE , 92100 BOULOGNE BILLANCOURT or by email by contacting LOULIGAN Customer Service.

See list of delivery countries:

Germany, Andorra, Austria, Belgium, Bulgaria, Cyprus, Denmark, Spain, Vatican City State, Estonia, France, Finland, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Norway , Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Sweden, Ukraine.