GENERAL TERMS AND CONDITIONS
These general terms and conditions (GTC) are intended to define the terms and conditions of sale of the products offered by SAS Lililotte on its website www.lililotte.com
The site is intended for consumers, adult individuals or non-trading corporate entities.
The consumer declares that they have the legal capacity to contract. Non-resident internet users in France wishing to place an order via the site must check whether the law applicable to them authorises them to carry out this type of transaction.
The existence of the site cannot be qualified as a solicitation act and the contract concluded between the consumer and LILILOTTE is a contract concluded at a distance.
The purchase of products and goods offered on the site for resale is prohibited.
Any order placed on the site requires the consumer to consult and agree to these general conditions. This compliance is evidenced by ticking the box that states "I have read the general terms and conditions of sale and I accept them without reservation” when placing the order.
Article 1 - SITE EDITOR
LILILOTTE is a simplified joint stock company with a capital of 5,000 euros, whose registered office is located at 64 bis boulevard Lelasseur - 44000 Nantes - FRANCE, registered in the Nantes Trade and Companies Register under number 808 922 975.
The consumer can contact LILILOTTE by telephone at + 33 661 888 592, by e-mail at firstname.lastname@example.org and by post at the following address: 6, rue Marcel Lallouette - 44700 Orvault - FRANCE.
Article 2 - PURPOSE
This contract sets out the rights and obligations of LILILOTTE and the consumer in connection with the sale of the products offered on the website www.lililotte.com.
These general terms and conditions of sale express all the rights and obligations of the parties, no other condition may be incorporated into them without the prior agreement of LILILOTTE.
Any document other than these general terms and conditions of sale and in particular catalogues, prospectuses, advertisements, has only an informative and indicative, non-contractual value.
Article 3 - CHARACTERISTICS OF THE PRODUCTS OFFERED
LILILOTTE informs the consumer of the essential characteristics of the items offered, with the support of photographs that may illustrate the item.
The consumer is invited to read these characteristics carefully.
In general, these characteristics concern the sizes, colours, quantities, texture, materials and compositions of the product(s).
The consumer acknowledges that the photograph(s) presenting the product(s) on the site may show possible variations in colour resulting from the quality or resolution of the computer screens, and LILILOTTE shall not be held liable.
Article 4 - ORDERING
If the consumer is interested in a product or item displayed on the site, the following process should be followed to establish their order online:
1-Selecting the desired product(s) which is/are automatically added to their "cart": it is possible to check the contents of the cart and their corresponding prices at any time, and to make any necessary adjustments,
2-Verifying the order specifics (product, colour, quantity, texture, size price, etc.) then confirming the cart,
3-Entering the personal details on the registration form during the first order: title, surname, first name, full delivery and invoicing address(es), e-mail, telephone number, password (personal and confidential),
4-Entering only the e-mail address and password chosen on subsequent orders, unless the consumer has chosen instant order - in which case they will have to register again.
5-Choosing the delivery terms and accepting the general terms and conditions of sale by ticking the box that states "I have read the general terms and conditions of sale and I accept them without reservation.” then confirming,
6-Choosing the payment method among those suggested, then confirming the payment,
7-Receiving an automatic order confirmation e-mail stating that LILILOTTE acknowledges the order, without any guarantee, however, of the availability of the article or product ordered.
The consumer can always go back to the previous step by clicking on the "Previous" icon, until they have confirmed their order.
When the consumer confirms their order by clicking on the "CONFIRM" icon on the payment form, they declare that they accept it. This procedure, known as the double-click procedure, is equivalent to consent on the behalf of the non-professional consumer, under Articles 1127-1 to 1127-4 of the French Civil Code. In accordance with Article L. 221-14 of the French Consumer Code, any order thus validated (double click) entails an obligation to pay.
The consumer is then irrevocably bound unless the provisions of the article "RIGHT OF WITHDRAWAL" are applied.
Article 5 - ORDER CONFIRMATION:
LILILOTTE undertakes to send confirmation of any order to the consumer's email address as soon as it is received, in order to confirm the conclusion of the contract on a durable medium.
This confirmation shall include the following information, pursuant to Article L. 221-5 of the French Consumer Code: the identity and contact details of the seller, product(s) ordered, price of the product(s), payment terms, fees, delivery terms and deadline, existence of the right of withdrawal, order number.
It is therefore strongly recommended that the consumer keep this acknowledgement email.
Article 6 - ORDER TRACKING
Whenever possible, orders placed before two (2) p.m. will be processed and dispatched on the same day.
Those placed after two (2) p.m. will be processed the following day.
Please note that orders placed on Wednesdays will be processed on Thursdays and orders placed on weekends, on Mondays.
Orders are not processed on public holidays.
The consumer can obtain information on the tracking of their order at any time, by logging into the site, and accessing the "My account” section.
The consumer's invoice is available directly on the site in the "My account" section, accessible from the home page. By entering their e-mail address and password, the consumer will be able to print the invoice relating to their order.
Article 7 - AVAILABILITY
The products and goods offered are only valid as long as they are visible on the site, for the duration of the operation, and within the limits of available stock.
Upon receipt of the order, LILILOTTE will check the availability of the item(s) ordered.
In the event that the product(s) ordered are unavailable, the consumer will be informed as soon as LILILOTTE processes the order, within a maximum of two (2) working days.
They will then have the opportunity to either:
- be refunded the amount of the order (within fifteen (15) days)
- place a new order without the item in question
The order for the item that is unavailable will then be cancelled, without damages on either side.
Article 8 - PRICE
The prices of the products and goods offered on the site are displayed in euros, including all taxes, but excluding shipping costs.
In the case that an order is placed from abroad, the prices also exclude any customs duties, currency conversion or any other additional costs depending on the legislation of the consumer's country.
The prices take into account the VAT rate as it stands on the day of the order, applicable in France or in the country of delivery located in the European Union. Any change in rates may be reflected in the price of products and goods.
LILILOTTE reserves the right to change its selling prices at any time. However, the amendments will not apply to orders once the sales contract has been validly formed.
In the event of a manifested, gross typographical error on the price display, the sale may be cancelled.
Article 9 - PAYMENT
It should be noted that as soon as the order is confirmed by LILILOTTE, the full price of the items in the order is immediately due. The receipt of payment by LILILOTTE triggers the preparation of the order and its provision.
To pay for the order, two payment methods are available:
- Bank card (Visa, Mastercard): when the consumer chooses this option, the www.lililotte.com site ensures total data security by means of encryption. Additionally, the 3D Secure system can be used. The information transmitted is encrypted by software and cannot be read during transport on the network. The transmission is encrypted by software as soon as the padlock symbol appears in the browser. Furthermore, when the bank details (card number, expiry date and security code) are transmitted, the URL address becomes https URL as opposed to an http address (the "s" indicating the security). LILILOTTE works with the French CIC bank. The consumer expressly acknowledges that communicating their bank card number to LILILOTTE constitutes authorisation to debit their account up to the total amount corresponding to their order.
- Paypal: the consumer must have opened a Paypal account prior to the transaction. On the www.lililotte.com website, after confirming the contents of the cart, the consumer must choose the Paypal option for payment, then fill in their email address, password, the amount and the currency. PayPal then acts as an intermediary between the buyer and LILILOTTE and debit and credit transactions are almost instantaneous on PayPal accounts. The consumer can then verify that the transaction has been completed by logging into their PayPal account. At no time does the consumer communicate their banking information to LILILOTTE or to a third party. The preparation of the order and its dispatch will only be processed by LILILOTTE upon receipt of the full payment amount.
Orders are processed and sent from France. As a result, for orders placed from abroad, some foreign banks and Paypal may apply currency conversion fees or transaction fees for online purchases on a site based in the European Union. LILILOTTE does not charge such fees. Please contact your bank and/or Paypal before making any purchase.
LILILOTTE SAS reserves the right to suspend any order management and delivery in the event of refusal of authorization of payment by credit card from officially accredited organisations or in the event of non-payment. In particular, LILILOTTE SAS reserves the right to refuse to make a delivery or to honour an order from a consumer who has only partially paid for a previous order or with whom a payment dispute is pending.
The consumer may be asked to send a copy of an identity document by e-mail to LILILOTTE as part of an order verification procedure designed to ensure that no one uses another person's bank details without their knowledge. The order will only be validated after receipt and verification by our services of the documents sent. If these documents are not received within fifteen (15) days following the placing of the order, the order will be deemed to have been automatically cancelled.
Article 10 - RETENTION OF TITLE CLAUSE
The products delivered and invoiced to the consumer remain the property of LILILOTTE until full payment of their price, principal amount and surcharges.
Failure to pay, even in part, may result in the products being reclaimed.
Article 11 - DELIVERY
Delivery refers to the transfer of physical possession of the goods to the consumer.
When LILILOTTE is responsible for the delivery of the product, the risk of loss or damage is transferred to the consumer at the time of delivery. By exception, the risk is transferred to the consumer when the product is handed over to the carrier if the latter has been chosen for transport by the consumer and not by LILILOTTE.
In the event of an incomplete address, incorrect address, refusal of the package by the recipient or any other lack of information about the place of delivery, LILILOTTE cannot be held responsible for the final quality of the order affected by the said delivery.
In the event of an error in the delivery address, place of delivery, accessibility of the place or any other problem caused by the consumer that results in the need to make a new delivery, the latter may be invoiced at actual cost, it being understood that a new delivery will only be carried out if these additional costs are paid.
In the event of an overrun of the thirty (30) day delivery period, as provided for in Article L. 216-1 of the Consumer Code, and not resulting from a case of force majeure, the consumer may request the cancellation of the order and obtain a refund of all sums paid within fourteen (14) days following the date of their request at the latest. Notwithstanding the foregoing, LILILOTTE shall not be held liable for any damage whatsoever due to a delay in delivery, only reimbursement being possible, to the exclusion of any other compensation.
All products sold by LILILOTTE are checked before shipping, the dimensions of the shipping envelopes are appropriate and the items are properly protected. The consumer is invited to check the condition of the shipments and their conformity with the order at the time of delivery.
If the consumer discovers a delivery error and/or non-conformity of the products in kind or in quantity compared to the indications appearing on their order, they must inform LILILOTTE by mentioning it in the "My Account" section, or via the email address: email@example.com, within three (3) working days from the receipt of the said order by precisely mentioning the problem encountered: "missing product", product error, "open/damaged envelope", "non-compliant product", etc.
Any claim made after this deadline will be rejected.
Upon receipt of the complaint, LILILOTTE will propose an exchange of the product, a refund or a credit note and will bear any return and/or additional shipping costs.
Delivery by La Poste (Colissimo International) to your home from 12,30€:
Colissimo International service delivery terms and conditions
The products are delivered, to the address indicated by the consumer on the registration form, by the Colissimo International service of La Poste. It is strongly recommended that the consumer provides a telephone number where they can be reached by the carrier in order to facilitate delivery.
Delivery is entrusted to La Poste Colissimo International with tracking and signature requirement.
As a general indication, Colissimo International services have minimum delivery times of four (4) days or more to international destinations, depending on the destination.
Delivery charges by the Colissimo International service
For each order, the consumer is required to pay a flat-rate contribution to the preparation and delivery costs (transport, packaging, parcel preparation, etc.) from:
European Union, Switzerland: €12,30
Countries of Eastern Europe (outside the European Union and Russia), Norway: €16.65
Canada and United States: €24.35
Guadeloupe, Martinique, Guyana, Mayotte, Saint Pierre and Miquelon, Saint Martin, Saint Barthélémy: €9.45
Singapore, Australia, New Zealand: €24.35
However, if your delivery country does not appear above, you can send us an e-mail to customer service at the following address: firstname.lastname@example.org to find out the flat-rate amount for the preparation and delivery costs of the order according to the destination country and the number of items included in the order.
In addition, any order delivered outside of metropolitan France may be subject to any local taxes, customs duties, dock dues and customs clearance fees upon delivery, the payment of which shall be made by the consumer.
Article 12 - RIGHT OF WITHDRAWAL/ EXCHANGE AND CREDIT NOTE
12-1 Right of withdrawal
The consumer has a period of fourteen (14) calendar days from their receipt of the ordered product(s) to exercise their right of withdrawal, in accordance with Article L. 221-18 of the French Consumer Code. The right of withdrawal is exercised by using the return form available in the consumer's personal account in the "history and details of my orders" section, or by sending an email to email@example.com.
From the date of their request, the consumer has a period of fourteen (14) calendar days to return the product(s) in perfect condition and in their original packaging or in any other packaging the ensures the protection of the product(s), without having to justify reasons or pay penalties, with the exception of return costs.
LILILOTTE will refund all sums paid, according to the terms described in Article 12-2, and including delivery costs, within fourteen (14) days of LILILOTTE awareness of the consumer's decision to withdraw.
12-2 Exchange, credit note and refund
Items ordered by the consumer may be exchanged or substituted for a credit note (valid for twelve (12) months) within fourteen (14) days of the consumer's receipt of the product(s) ordered.
Shall the consumer prefer to be refunded, the refund will be made by the same means of payment as the one used for the initial transaction, unless otherwise expressly specified by the consumer. The refund is scheduled upon receipt of the product(s) in perfect resale condition as specified below, at the address indicated below.
Only in the case that the right of withdrawal is exercised will the delivery costs be refunded to the consumer.
The product(s) concerned must be returned in perfect condition and in their original packaging or in any other packaging that ensures the protection of the product(s).
12-3 Exceptions to the application of Articles 12-1 and 12-2
Items that have been washed, worn or damaged by the consumer may not be exchanged or returned.
12-4 Return Procedure
Returns are made by post: 6, rue Marcel Lallouette 44700 Orvault - FRANCE.
The return form available in the "history and details of my orders" section in the consumer's personal account must be duly completed and returned with the item(s) concerned. The request can also be made by email to firstname.lastname@example.org.
The package must be stamped at the current rate.
Any product that is exchanged, refunded, or credited must be returned within fourteen (14) days of the claim.
The return costs will remain the responsibility of the consumer, except within the framework of the legal guarantee, where the product is recognised as suffering from a hidden defect or a lack of conformity and the guarantee is activated.
The return is made under the responsibility and at the risk of the consumer if the order is placed from abroad.
However, in the event of non-compliant or defective delivery, and if the consumer decides to proceed with an exchange, LILILOTTE will bear the cost of re-delivery.
Article 13 - LIABILITY / GUARANTEES
LILILOTTE cannot be held responsible for the non-fulfilment of the order due to the occurrence of a case of force majeure or the unavailability of the product.
LILILOTTE cannot be held liable for any inconvenience or damage inherent to the use of the Internet network and totally outside the precautions and due diligence taken by LILILOTTE.
In particular, LILILOTTE is not liable for any disruption in the provision of the service, any external intrusion or presence of computer viruses.
All products sold benefit from the legal provisions of the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code) and the legal guarantee of conformity (articles L. 217-4 to L. 217-14 of the French Consumer Code). The guarantee is applicable upon presentation of the purchase invoice, in accordance with the procedure applicable to the right of withdrawal as provided for in Articles 12-1, 12-3 and 12-4 of these GTC.
Subject to the validation of a non-conformity or a hidden defect by LILILOTTE, the guarantees apply according to the following procedures:
LILILOTTE whose headquarters is at 64 bis boulevard Lelasseur- 44000 Nantes - FRANCE acts as guarantor within the meaning of the provisions of Articles L.217-4 and following of the French Consumer Code and 1641 et seq. of the French Civil Code.
Thus, the consumer:
-has a period of two (2) years from the date of delivery of the product to take action for lack of conformity of the product,
- is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the product,
- may choose between repairing or replacing the product, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code.
Additionally, the consumer may invoke the legal guarantee against hidden defects in the item sold under articles 1641 et seq. of the French Civil Code. The legal guarantee for hidden defects allows the consumer to obtain a refund of a product that has proved unsuitable for its use within two (2) years of the discovery of the defect.
The hidden defect guarantee allows the consumer to be protected against hidden defects in the purchased product that prevent its use or affect it to such an extent that the consumer would not have purchased it, had they been aware.
The consumer then has a choice of two options: keep the product and request a price reduction or return the product and request a refund of the price paid, in accordance with Article 1644 of the French Civil Code.
Defects or deterioration caused by natural wear and tear or by improper use of the products, or by any modification not provided for or specified by LILILOTTE, are excluded from the warranty.
It is noted that the legal warranty does not apply when the damage is related to a cause external to the product such as accident, shock, lightning, etc. or to the consumer's knowledge such as non-compliance with the product's use standards.
13-3 Force majeure
It is noted that LILILOTTE cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses, or anything that qualifies as force majeure in accordance with case law.
All the obligations of the parties are suspended for the duration of the force majeure event, without compensation. Nevertheless, LILILOTTE and the consumer agree to consult each other as soon as possible in order to determine, if possible, the terms of processing the order for the duration of the force majeure event.
Beyond a period of two (2) months of interruption due to force majeure, the parties shall be released from their obligations towards each other, without compensation on either side. If necessary, LILILOTTE will refund the consumer the amount of their order as soon as possible. The consumer's failure to pay cannot be justified by force majeure.
Article 14 - PERSONAL INFORMATION
The consumer acknowledges that they are aware that, for the proper processing of their order, personal data collected will be subject to computer processing.
Computerised records, kept under reasonable security conditions, shall be considered as proof of communications, orders and payments between the parties.
The archiving of purchase orders, order confirmations and invoices, is carried out on a reliable medium in order to correspond to a reliable copy in accordance with Article 1379 of the French Civil Code. The consumer will have access to the archived material on request at email@example.com.
In this respect, the consumer has a right of access, rectification and deletion with regard to any information concerning them contained in LILILOTTE's files.
They may exercise this right:
- by writing to the following address: SAS LILILOTTE - 6 rue Marcel Lallouette - 44700 Orvault - FRANCE
- by making a request on the "Contact" section of the website
Article 15 - INTELLECTUAL PROPERTY
This site and all elements, trademarks, designs, models, logos, graphics, etc. appearing on it, as well as their compilation, are the exclusive property of LILILOTTE.
The use or reproduction of all or part of these elements, without the prior written consent of LILILOTTE, is prohibited and constitutes an infringement.
Article 16 - MODIFICATION OF THE GENERAL CONDITIONS OF SALE
In view of the possible changes to the site and legislation, LILILOTTE reserves the right to adapt or modify these general terms and conditions of sale at any time.
The new general terms and conditions of sale will, where applicable, be brought to the attention of the consumer by online modification and will only be applicable to sales made after the modification. Consequently, the act of placing an order on the site requires the full prior and unreserved acceptance of the GTC by the consumer by clicking the button that states "I have read the general terms and conditions of sale and I accept them without reservation”.
If any of the provisions of these GTC are declared null and void, they shall be deemed unwritten, but shall not result in the nullity of all contractual provisions.
Any tolerance or waiver by one of the parties, in the application of all or part of the commitments made within the framework of these GTCs, shall not constitute a modification of the GTCs, nor generate any right whatsoever or be interpreted as a waiver of its rights under the GTCs.
Article 17 - APPLICABLE LAW
This contract is subject to French law.
In the event of a dispute or complaint not resolved amicably by LILILOTTE, the consumer may opt for an alternative dispute settlement option such as mediation or arbitration.
If no amicable resolution is reached, any dispute will fall within the sole jurisdiction of the French courts.
This Article does not deprive consumers of their right to take legal action or defend themselves in the event of legal proceedings in their country of residence or domicile, nor of their right to consumer protection measures as laid down in the legislation applicable in their country of residence.
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