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GENERAL TERMS AND CONDITIONS OF SALE
PREAMBLE
The following provisions set forth the general terms and conditions of sale for the products offered by Lili Lilou on its website at: www.lili-lilou.com. Clicking on the icon "I accept the general terms and conditions of sale" means that you accept these general terms and conditions of sale.
By clicking on "Confirm your order" you indicate the final confirmation of your order.
Lili Lilou kindly asks you to carefully read the terms below.
Lili Lilou also specifies that no purchase of goods is possible without your acceptance of the conditions provided hereunder.
Lili Lilou is operated by SARL POPI registered under Siret number: 815 221 767 00016 and located at 95 avenue Roumanille 06410 Biot, France. Telephone: +33 (0)6 61 52 71 26, e-mail: sandrine@lili-lilou.com.com (See our full details).
ARTICLE 1. PURPOSE
These general terms and conditions of sale are intended to define, exclusively insofar as concerns the relationships established between the parties on the internet, their mutual rights and obligations, as well as the different stages of the order process.
The sale is restricted to adult customers or minors with parental consent.
ARTICLE 2. PRODUCTS
The products offered for sale by Lili Lilou are those that appear on the site at the date it was seen by the User and as long as stocks last. If the product is unavailable, Lili Lilou shall inform the customer thereof as quickly as possible.
Should the product remain unavailable more than 30 days after the order and payment, the customer shall be informed thereof by e-mail or by telephone. The order for the product shall then be cancelled and refunded will be made, with the rest of the order remaining firm and finalised.
The products offered for sale are described and presented as precisely as possible. Nevertheless, Lili Lilou shall not be held responsible for any errors or omissions that may occur with regard to the presentation.
The photographs and texts that illustrate the products are not contractual.
ARTICLE 3. PRICES
Prices are indicated in euros. They take into account any possible discounts as well as VAT applying on the order date.
The prices indicated are guaranteed as long as stocks last, except for major changes to charges and in particular, TVA, and except for typing errors or omissions. The prices indicated do not take into account postage and packing which will be charged extra as they are specified to the customer at the time of final confirmation of their order.
Lili Lilou reserves the right to change its prices at any time. However, the products will be invoiced on the basis of the prices in force at the time of registering the order, subject nevertheless to availability of the products.
The products shall remain the property of Lili Lilou until the purchase price has been paid in full.
ARTICLE 4. ORDER
4.1 – PLACING AN ORDER
The customer interested by an article visible on www.lili-lilou.com orders directly on the same site:
www.lili-lilou.com.
The customer placing an order directly on www.lili-lilou.com must follow the following procedure:
- When placing the first order, the customer must create a customer account.
- The customer chooses the different products of interest and clicks on the "Add to cart" button.
At any time, the customer may:
• Obtain a summary of the products selected by clicking on the "See my cart" button
• Continue shopping by clicking on the "Continue shopping" button
• Complete their selection and place the order by clicking on the "Order now" button
- To order the products selected, the customer must be identified by entering their e-mail and password. The customer is informed and accepts that entering their two user names (e-mail address and password) is proof of their identity, for which they grant consent.
- If not registered prior, the customer must complete the form that will appear automatically when placing the first order or complete it beforehand by going to the "My Account" section and clicking on the "Create an Account" button.
Once the user has been identified, they shall validate the delivery address. A purchase order will appear with a summary of: the nature, quantity and prices of the products accepted by the user, as well as the payment method selected together with the billing and delivery information.
The customer declares that they are at least 18 years old or that they have parental authorization for placing orders on the site.
4.2 - ORDER VALIDATION
After having read the order, and once all information requested has been provided by the customer, this latter shall click on “Proceed to Checkout” for final confirmation of the order. After validating the desired payment method, the customer’s validation of the order is final and irrevocable with the effects indicated hereafter.
Payment by credit card via the Caisse d'Epargne de la Côte d'Azur. The customer validates their address, the product(s) and the total price. The customer must provide their credit card number, its expiration date as well as the security code (a 3-digit number found on the back of the credit card).
In any event, regardless of the payment method chosen by the customer, Lili Lilou shall acknowledge receipt of the order upon validation by e-mail or by any other means available in accordance with the provisions of Article L121-19 of the Consumer Code.
Please note that for any order in excess of 300 euros, you may be requested to provide a photocopy of your identification card. Please provide this additional document to us as soon as possible to ensure quick processing of your order.
By validating the order, the customer confirms either that they are at least 18 years old or that they have parental authorisation for placing the order. The authorised minor undertakes to notify that they have obtained their parental authority personal data, who may object to their storage and/or their transmission to third parties.
ARTICLE 5. PAYMENT
The amount due by the customer is the amount shown on the order confirmation sent by e-mail by Lili Lilou to the customer.
Payment is made immediately by credit card (Blue Card, Visa, Eurocard/Mastercard) on the internet, unless the server is unavailable.
In any event, Lili Lilou reserves the right to refuse any order or delivery in the event of a dispute existing with the customer concerning non-payment in whole or in part for a previous customer order, the refusal of authorisation of payment by credit card from banking institutions, for non-payment or partial payment, or for the use of a credit card not delivered by a French financial institution. Lili Lilou shall in no event be held liable in this regard.
ARTICLE 6. TRANSACTION SECURITY
C.f. Secure payment
ARTICLE 7. DELIVERY
C.f. Delivery and returns
ARTICLE 8. LOYALTY PROGRAMME
Upon placing their first order, customers are registered automatically, free of charge, in the www.lili-lilou.com customer file.
ARTICLE 9. AVAILABILITY
The products offered by Lili Lilou are valid as long as they are visible on the site, as long as stocks last. The indications regarding availability of the products are provided to you at the moment the order is placed. Should the product be unavailable after placing the order, Lili Lilou shall inform the customer by e-mail upon receipt of the information as quickly as possible. Your order will be automatically cancelled and the customer immediately reimbursed if their account has been debited. Reimbursement is made directly to the customer’s bank account no later than thirty days from the payment of the amounts paid by the customer.
ARTICLE 10. RIGHT OF WITHDRAWAL
In accordance with the law, to exercise their right of withdrawal, customers have a period of 14 days from the date of receipt or taking delivery of the articles for any article purchased on the site. The products may be returned to us EXCLUSIVELY BY POST with no need to provide reasons for doing so, in accordance with the provisions of Articles L 121 and following of the Consumer Code. Said period shall begin upon receipt of the merchandise. This right is exercised by returning the product, with the customer bearing only the shipping costs. If the customer exercises their right of withdrawal, Lili Lilou shall refund those amounts effectively paid within a maximum period of 30 days by credit card or by cheque according to the payment method that was chosen, unless the customer requests a credit note, valid for one year from the issue date.
By choosing a credit note in exercising the right to withdrawal, the customer accepts the fact that any subsequent purchase with said credit note shall not give rise to reimbursement but rather to a credit note valid for one year from issue.
In accordance with the general terms and conditions of sale of Lili Lilou, only articles returned in their original packaging (shoeboxes, laminated pouches, etc.) shall be accepted. Consequently, the return of clothing that has been washed and/or worn, as well as in damaged boxes, shall be refused. In addition, for sanitary reasons, the following items cannot be returned or exchanged: lingerie, tights, swimsuits, leggings and earrings.
The customer shall thus keep all proof of return, which means that the articles must be returned by registered post or by any other means that specifies a shipping date. Return costs (as well as shipping costs for the new product in case of refund or exchange) are at THE CUSTOMER’S EXPENSE, and you are free to choose the shipment method. In the event of a delivery error, Lili Lilou shall cover your return costs for the amount mentioned on the proof of delivery that you send to us by e-mail.
There shall be no refunds, no exchanges and no credit notes shall be issued for articles purchased on sale, during exceptional sales events (sidewalk sales, private sales, VIP sales, flash sales), or that bear a code or are part of a promotional offer.
ARTICLE 11. SIGNATURE AND PROOF
For any credit card payment on the www.lili-lilou.com site, the electronic certificate delivered by the payment administrator shall be deemed proof of the amount and date of the transaction, in accordance with the provisions of Articles 1316 and following of the Civil Code as well as the electronic archiving system put in place by Lili Lilou.
In this regard, the server dates and times will prevail between the parties.
In any event, the validation of the order, regardless of whether the payment is made by credit card directly on site or by telephone, shall be deemed to be equivalent to signature and express acceptance of all transactions carried out on the site.
However, the outstanding sums are payable at the date referred to in Article 4.2 according to the type and method of payment.
ARTICLE 12. INTELLECTUAL PROPERTY
Cf. Legal notices
ARTICLE 13. DATA PROTECTION
Cf. Legal notices
ARTICLE 14. CUSTOMS DUTIES
Any order placed on the site and delivered outside of France may be subject to taxes and customs duties upon arrival at the destination.
These customs duties and any taxes related to delivery of an article are at the customer’s expense and they shall be liable therefor. Lili Lilou is under no obligation to verify customs duties and applicable taxes and subsequently inform its customers thereof. The member must request such information from the competent authorities in his/her country.
ARTICLE 15. PARTIAL INVALIDITY
In the event that any provision of this contract is null and void either due to a change in legislation, regulation or court decision, this shall under no circumstances affect the validity or compliance with these general terms and conditions of sale.
ARTICLE 16. ENTIRE AGREEMENT
These general terms and conditions of sale and the order summary transmitted to the customer form a contractual unit and constitute the whole of the contractual relations between the parties.
ARTICLE 17. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS OF SALE
Lili Lilou reserves the right to change the General Terms and Conditions of Sale. Any new version of them shall be shall be indicated prior on the first page of the My Account section. Members who do not wish to abide by the contractual relations of the new version of the General Terms and Conditions of Sale shall notify such and, from the date at which the new version takes effect, they shall cease using the Lili Lilou services. In the event any provision of these General Terms and Conditions of Sale is determined by a court of competent jurisdiction to be unlawful or unenforceable, the remaining provisions shall remain in force.
ARTICLE 18. FORCE MAJEURE
The execution by the company of all or part of its obligations shall be suspended in the case of a fortuitous event or force majeure which prevents or delays execution.
The different cases recognised under French case law are considered as such.
Lili Lilou shall inform its customers of any such fortuitous event within seven days by e-mail.
ARTICLE 19. APPLICABLE LAW AND JURISDICTION
This contract is subject to French law. French is the language of this contract. Any dispute arising with professionals and/or merchants shall be settled by the competent courts of Nice. The French courts shall have sole jurisdiction for any dispute arising with a customer.