1. Subject / Company

These General Terms and Conditions of Sale are entered into between, on the one hand, the company: 

Lovely Planet - 560 avenue du Garlaban - 13420 GEMENOS.

SIRET: 478 881 477 000 44

And on the other hand: Persons making a purchase on the website www.1969.fr access to which is free and open to all internet users.

The general terms and conditions of sale (GTC) apply exclusively to the online sale of products from 1969.fr.

These conditions and the online order constitute the contractual documents binding on the parties, to the exclusion of any other document, leaflet, catalogue or product photograph, which are for information purposes only.

Validation of the order by the consumer's confirmation constitutes acceptance of the general terms and conditions of sale in force on the date of the order, the preservation and reproduction of which are ensured by the professional seller in accordance with Article 1127-2 of the Civil Code.

• Modification of the general terms and conditions of sale

The professional seller reserves the right to modify these general terms and conditions of sale at any time.

In the event of modification, the applicable general terms and conditions of sale are those in force on the date of the order, a dated copy of which may be provided to the consumer upon request.

• Clauses of the general terms and conditions of sale

The invalidity of a contractual clause shall not entail the invalidity of these general terms and conditions of sale.

The temporary or permanent non-application of one or more clauses of the general terms and conditions of sale by the professional seller shall not constitute a waiver of the other clauses of the general terms and conditions of sale, which shall continue to have effect.

2. Prices

The selling price of the products is the price in force on the date the order is placed.

The prices of our products are indicated in euros and inclusive of all taxes (VAT included), excluding shipping costs. Prices take into account the VAT applicable on the date of the order. Prices may not be modified once the customer's order has been placed.

Customs duties and other formalities for deliveries outside the European Union are the sole responsibility of the customer. The customer undertakes to check with their relevant authorities the possibilities of importing products purchased on the site www.1969.fr.

In the event of a promotional price, the seller undertakes to apply that price to any order placed during the period of the promotional advertising.

• Price modification

The seller reserves the right to modify its prices at any time, in particular in the event of a cost increase, it being understood that, in the event of a price increase subsequent to the order, only the price set on the date of that order shall apply to the customer.

• Payment of the price

The price is payable in full upon ordering.

3. Secure payment methods

• Credit cards (Visa, Mastercard)

This is the simplest and fastest way to place an order. Our credit card payment system is the secure system provided by our banking partner. Your card number data is encrypted at your end and then transmitted directly to the bank's website, which decrypts it and manages payment authorisations. The encryption codes change very regularly.

Your credit card number does not travel across the internet without encryption; the site www.1969.fr does not receive your banking details, which is precisely why you will be asked to provide them with each order.

• Paypal

If you already have a PayPal account, you can make your payment using this secure system, which acts as a link between our site and your bank, without your banking details passing through our site, just as with the credit card system. If you do not have a PayPal account and to avoid any inconvenience, we recommend payment by credit card, which is equally secure, simpler and faster.

The transaction is entirely secured by the latest-generation SSL (Secure Socket Layer) data encryption technology.

• Default of payment

When payment is declined, the seller is entitled not to dispatch the products. 

 

4. Retention of title

The seller retains ownership of the products sold until full payment of the price has been received, and the buyer undertakes, for as long as ownership has not been transferred to them, to take all necessary precautions to ensure the proper preservation of the products. 

 

5. Order

1969 undertakes to fulfil orders within the limits of available stock. Should a product be unavailable, 1969 undertakes to inform the customer promptly by all means at its disposal.

• 1 Order modification

• 1.1 Order modification by the buyer

As orders are final and irrevocable, any request for modification made by the buyer is subject to the seller's acceptance.

• 1.2 Order modification by the seller.

The seller undertakes to deliver a product that conforms to the one ordered.

In the event of unavailability of the ordered product, the seller shall offer the consumer, who must give their agreement, the supply of an equivalent product capable of replacing the ordered product.

In the event of the customer's disagreement, the unavailability of the ordered product shall result in the cancellation of the order and a refund to the consumer.

• 2 Order validity.

The seller reserves the right to refuse any order on legitimate grounds, and in particular where the quantities ordered are abnormally high compared to the quantities ordinarily ordered by buyers acting as consumers.

• 3 Order cancellation.

• 3.1 Cancellation by the buyer.

The order may be cancelled by the buyer by recorded delivery letter with acknowledgement of receipt in the event of:

- delivery of a product that does not conform to the declared product specifications

- delivery exceeding thirty days following the conclusion of the contract, after the seller has been instructed, under the same conditions and without result, to carry out delivery within a reasonable additional period.

• 3.2 Cancellation by the seller.

The order may be cancelled by the seller in the event of:

- the buyer's refusal to take delivery;

- non-payment of the price (or the balance of the price) at the time of delivery.

 

6. Products

• 1 Product specifications.

Prior to placing an order, the customer may familiarise themselves with the essential characteristics of the products they wish to order by consulting the pre-contractual information communicated to them by the seller before any order, possibly by means of a product catalogue or the company's website.

The photographs and graphics appearing in the catalogue or on the website are provided for information purposes only and shall not constitute a contractual commitment by the company guaranteeing a perfect likeness between the product ordered and the product depicted.

• 2 Stock availability.

Products are offered and delivered subject to available stock.

In the event of unavailability of the ordered product, the seller shall immediately inform the buyer and may offer them a product of equivalent quality and price or, failing that, a purchase voucher for the amount of the order, usable for any future order.

In the event of the buyer's disagreement, the seller shall proceed with the refund of the sums paid within 30 days.

Beyond the refund of the price of an unavailable product, the seller is not liable for any cancellation indemnity.

 

7. Conformity

 The seller is liable for non-conformity of the goods under the conditions of common law and consumer law.

 

8. Returns – Guarantee 

• 1 Statutory guarantee of conformity.

All products supplied by the seller benefit from the statutory guarantee of conformity provided for in Articles L217-4 to L217-14 of the Consumer Code.

• 2 Implementation of the guarantee of conformity.

If you wish to invoke the statutory guarantee of conformity, you must contact the company whose brand and contact details can be found on our contact page.

When invoking the statutory guarantee of conformity, the consumer:

- has a period of two years from the date of delivery of the goods in which to act 

- may choose between repair or replacement of the goods;

- is not required to provide proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods.

• 3 Guarantee against hidden defects.

The consumer may choose to invoke the guarantee against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code.

In that case, they may choose between cancellation of the sale or a reduction in the selling price in accordance with Article 1644 of the Civil Code.

• 4 Returns.

1969 does everything in its power to provide you with a quality service.

If you are not satisfied with a product you have ordered, you may return it to us within 30 days, in accordance with the following rules: 

- items must be unused or unworn and in their original packaging in perfect condition,

- labels must not be damaged or removed.

To return one or more products, please follow the procedure indicated on the returns form available for download here. Return shipping costs are the responsibility of the customer.

The refund amount will be calculated on the value of the item at the time of purchase and the shipping costs incurred at the time of purchase only if the item is defective; otherwise, no refund will be possible.

Refunds will be made by re-crediting your credit card or via PayPal.

 

9. Discreet delivery 

• 1 Terms.

Your order is dispatched in a discreet, sturdy box in which the products are protected. No external markings allow the contents of the parcel to be identified.

If you would like to give a gift, you have the option of choosing a delivery address different from the billing address. This step takes place when you confirm your order. In that case, the recipient will receive their parcel without an invoice. The invoice will be sent by post to the gift sender.

• 2 Timeframes.

Your order will be delivered by Colissimo as follows: 

- within 48 hours (in mainland France) from 1969.fr

- to your home by your postal carrier

- with insurance covering 100% of the value of your order

- with online tracking of your parcel's progress on the site www.coliposte.fr.

Orders placed on Saturday or Sunday are processed on Monday morning. If you are not at home at the time of delivery, you will find a delivery notice in your letterbox and your parcel will be waiting for you at your nearest post office. Delivery times do not take into account order processing times, which are generally 1 to 2 working days.

• 3 Transfer of risk.

The risks of loss or damage to goods are transferred to the consumer at the moment they, or a designated third party, physically take possession of the goods, regardless of their nature.

A product delivered to the consumer by a carrier chosen by the seller travels at the seller's risk.

A product delivered to the consumer by a carrier chosen by the consumer travels at the consumer's risk from the moment the goods are handed over to the carrier.

 

10. Confidentiality and protection of your personal data 

In the course of its activities, 1969.fr, acting as data controller, carries out computerised processing of its customers' data in compliance with the regulations relating to the protection of personal data.

The use of certain data is strictly necessary for the performance of this contract or for the legitimate interest of the data controller. Its purpose is the optimal management of the customer relationship within the framework of the activities governed by these general terms and conditions of sale.

The data collected is retained for the period necessary to fulfil the purposes of these general terms and conditions of sale.

During this period, 1969.fr implements all appropriate measures to ensure the confidentiality and security of your personal data, so as to prevent it from being damaged, deleted or accessed by unauthorised third parties.

By virtue of the applicable regulations (EU Regulation No. 2016/679 of 27 April 2016), the customer has the right of access, rectification, objection, restriction, portability and erasure of their personal data.

The customer may also contact 1969.fr directly via our contact page or by post to the following address: 1969 – LOVELY PLANET - Returns Department - 560 avenue du Garlaban - 13420 GEMENOS

11. Right of withdrawal

Pursuant to Article L221-28 of the Consumer Code (formerly Article L121-21-8 of the Consumer Code), the customer is informed that the right of withdrawal cannot be exercised in certain cases, in particular where products have been worn by the consumer, for hygiene reasons.

 

• 1 Conditions, timeframe and procedures for exercising the right.

If you accept these general terms and conditions of sale, you will have the right to withdraw, without giving any reason, within fourteen days from the day after receipt of the products.

• As a reminder, items must be unused and in their original, unopened packaging with their labels attached.

To return one or more products, please follow the procedure indicated on the Returns Form (above). Return shipping costs are the responsibility of the customer.

The refund amount will be calculated on the value of the item at the time of purchase.

 

• 2 Effects.

In the event of withdrawal, we will refund the payment received no later than fourteen days from receipt of the product at our premises.

We will process the refund using the same payment method you used for the initial transaction. 

It is noted that the customer's liability, in the event of withdrawal after use of the goods, is engaged with regard to any depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods. Such handling is that which a consumer may carry out in a shop.

The consumer must return the goods to 1969 without undue delay and, in any event, no later than fourteen days after the customer has communicated their decision to withdraw to the recipient. 

This deadline is deemed to have been met if the customer returns the goods from the order before the expiry of the fourteen-day period.

 

12. Liability

The products offered on the site www.1969.fr comply with French legislation in force and the standards applicable in France. 1969 cannot be held liable for any damage of any nature whatsoever that may result from the improper use of the items sold.

1969 shall not be held liable for non-performance of the contract concluded in the event of stock shortage or product unavailability and force majeure. Force majeure encompasses all cases recognised by case law, namely any exceptional, external and unforeseeable event at the time of conclusion of the contract that prevents its performance.

13. Intellectual property

All elements reproduced on this site (logos, photographs, texts, graphic charter, etc.) are protected by intellectual property law and civil law and belong to 1969. Consequently, none of these elements may be represented, downloaded, reproduced, transmitted, translated, sold, commercially exploited, used free of charge, or reused in any manner whatsoever without the prior consent of 1969. 

14. Applicable law – Potential disputes

This contract is governed by French law. In the event that a dispute arises from this contractual relationship, the parties undertake to seek an amicable solution before taking any legal action. If they are unable to reach a common solution, disputes shall fall within the jurisdiction of the courts of Marseille. 

• 1 Mediation.

The consumer has the right to resort to mediation in order to resolve, amicably, any dispute with the professional.

• 2 Prior complaint.

In the event of a dispute, you must contact the company's customer service department as a priority, from Monday to Friday excluding public holidays, by email or post (see our contact page).

 

15. Gift voucher terms and conditions

These conditions are valid for the beneficiary, whether or not they are the customer. The gift voucher may be used to pay for all or part of an order on the site www.1969.fr. To pay, the recipient enters the promotional code printed on the voucher in the designated field on the payment page. The gift voucher may only be used once. It cannot give rise to any cash refund, whether total or partial. No change can be given on the voucher. The gift voucher has an expiry date. It must be used before that date.

16. Discount upon newsletter subscription

By subscribing to the 1969 newsletter, you will receive a 15% discount valid exclusively on full-price items. This offer does not apply to items already in the sale, on promotion, or forming part of a special offer.

By subscribing to the newsletter, you accept the general terms and conditions and the privacy policy of 1969.