Terms of sales

Preamble

These general conditions of sale determine the rights and obligations of the parties and apply to all sales concluded on the online site of the company lilimargotton accessible at the Internet address www.lilimargotton.fr. 

These general conditions of sale are established

Enter

SASU lilimargotton, 3 avenue des landes, 92150 Suresnes, France with share capital of € 7,500 (seven thousand five hundred euros) being registered, represented by Mrs. Annie Launay, in her capacity as President of SASU lilimargotton, reachable for its customers on +33 (0) 6 78 73 24 92 or by e-mail contact@lilimargotton.fr

Hereinafter « The Company » or « The Seller »

Firstly,

And the individual natural person proceeding to the purchase of products or services of SASU lilimargotton

Hereinafter « Buyer » or « Customer »

The Lilimargotton website sells the following products: tote bags, accessories and linens in old textiles, natural fibers, recycled textiles, linen, cotton and hemp designed and created by the lilimargotton brand, as well as sewing and tailoring workshops. knitting that can be booked and ordered online and will be returned to the boutique shop in Suresnes.

The customer declares to have read and accepted, without restriction and without reservation, the general conditions of sale prior to the placing of his order. The customer is invited to accept these terms and conditions of sale by clicking the checkbox in the ordering process. The validation of the order is worth acceptance of the general conditions of sale. 

Article 1 – Principles

The present general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable for the sales in store or by means of other channels of distribution and marketing.

The seller and the buyer agree that these terms and conditions govern exclusively their relationship. The seller reserves the right to modify his general conditions. They will be applicable as soon as they are posted.

These general conditions of sale are available on the lilimargotton website (link to the General Terms and Conditions page) and will prevail, if applicable, on any other version or any other contradictory document.

The general conditions of sale applicable are those in force on the date of payment.

If a condition of sale should be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

Article 2 – Content

The purpose of these general terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer, from the website www.lilimargotton.fr.

These conditions only apply to purchases made on the Lilimargotton site and delivered exclusively in mainland France or in Corsica. For all deliveries in overseas territories or outside Europe, send a message to the following e-mail address: contact@lilimargotton.fr.

These purchases concern the following products: tote bags, accessories and linens in old textiles, natural fibers or recycled fabrics.

The sewing and knitting training workshops can be booked and ordered on linen and will be returned to the shop workshop located in Suresnes (address communicated soon).

Article 3 – Precontractual information

The buyer acknowledges having communicated, before the placing of his order and the conclusion of the contract, in a readable and understandable way, these general conditions of sale and all the information listed in Article L. 221- 5 of the Consumer Code.

The following information is provided to the buyer in a clear and understandable manner:

– the essential characteristics of the product or service;

– the price of the product or service;

– if applicable, any additional charges for transportation, delivery or postage and any other charges that may be required;

– in the absence of immediate execution of the contract, the date or the period in which the seller undertakes to deliver the goods, whatever their price;

– information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities, those relating to legal warranties, the functionalities of digital content and, where appropriate, its interoperability, the existence of and how to implement the guarantees and other contractual conditions.

Article 4 – The order

The buyer has the opportunity to place his order online, from the online catalog within the limits of available stocks.

The buyer will be informed of any unavailability of the product or service ordered.

For the order to be validated, the buyer will have to accept, by clicking in the indicated place, these general conditions. He will also have to choose the address and the mode of delivery, and finally to validate the mode of payment.

The sale will be considered final:

– after sending the buyer the confirmation of acceptance of the order by the seller by email;

– and after receipt by the seller of the full price.

Any order implies acceptance of the prices and the description of the products or services available for sale. Any dispute on this point will occur in the context of a possible exchange and guarantees mentioned below.

In some cases, including default of payment, wrong address or other problem on the account of the buyer, the seller reserves the right to block the order of the buyer until the problem is solved.

For any question relating to the follow-up of an order, the buyer can call the following telephone number: 06 78 73 24 92 (cost of a local call), on the following days and schedules: Monday to Saturday from 8h to 19h, or send an email to the seller at the following email address: contact@lilimargotton.fr.

Article 5 – Payment

Payment is made at the time of validation of the order by the Buyer. He is invited to provide his banking details for payment online on the secure platform of the banking partner. The lilimargotton Company does not have access to its data. Products or services must be paid in Euros (€). Bank charges incurred by the payment, whatever the modalities, will be charged to the customer. The goods remain the property of the Seller until receipt of payment. The risk transfer takes place as soon as the goods are delivered. 

Article 6 – Order Confirmation

After validation of the banking partner of the valid bank transaction, the seller provides the buyer with an order confirmation, by email to the email address sent by the customer and accessible by the customer on his client area.

Article 7 – Proof of the transaction

The computerized registers, kept in the computer systems of the seller under reasonable conditions of safety, will be considered as proof of communications, orders between the parties. The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.

Article 8 – Product Information

The products governed by these terms and conditions are those listed on the website of the seller and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred regarding this presentation, the seller’s liability could not be incurred.

The unique products, mini-series and customizable by the Buyer may have descriptions that differ. The artisanal character of the manufacture can modify a few centimeters the size of the products. In the context of products made in old textiles such as hemp, linen, lace or cotton from old linen or recycled fabrics can be marked by time with slight wear or a connection in the fabric of the fabric, they will be described in detail and thoroughly. However, an error may appear in the product description sheets.

The photographs of the products are not contractual. 

Article 9 – Price

The seller reserves the right to change prices at any time but agrees to apply the current rates indicated at the time of order, subject to availability on that date.

Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take account of the VAT applicable on the day of the order and any change of the applicable VAT rate will be automatically reflected on the price of the products of the online store for a purchase in France.

If one or more taxes or contributions, including environmental, were to be created or modified, up or down, this change can be reflected in the selling price of products.

Any order placed on the site www.lilimargotton.fr and delivered outside metropolitan France may be subject to taxes and customs duties that are imposed when the package reaches its destination. These customs duties and any taxes related to delivery are the responsibility of the Customer, considered as an importer, and are his responsibility.

The Seller is not obliged to check applicable customs duties and taxes. It is the Client’s responsibility to check with the competent authorities of his country.

In particular, the Customer must inquire and pay any tax, fee or remuneration due to delivery.

 Article 10 – Method of payment

This is an order with payment obligation, which means that the placing of the order involves a payment from the buyer.

To pay for his order, the buyer has, at his option, all the methods of payment made available by the seller and listed on the seller’s website. The buyer guarantees the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. The seller reserves the right to suspend any order management and any delivery in case of refusal of authorization for payment by credit card from the officially accredited bodies or in case of non-payment. The seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully paid or a previous order or with whom a payment dispute is being administered. .

Payment of the price is made in full on the day of the order, according to the following modalities:

– credit card from the secure banking module transmitted by the partner bank of the Seller.

Article 11 – Availability of Products – Reimbursement – Resolution

Except in case of force majeure or during periods of closure of the online store that will be clearly announced on the homepage of the site, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

For deliveries in Metropolitan France and Corsica, the period is from 3 to 5 working days from the day following the day the buyer placed his order, according to the following terms: by post or by Relay or withdrawal to the shop workshop. At the latest, the deadline will be 30 working days after the conclusion of the contract.

For deliveries in the DOM-TOM or another country, the delivery terms will be specified to the buyer on a case by case basis.

In case of non-compliance with the agreed date or delivery time, the buyer must, before terminating the contract, order the seller to execute it within a reasonable additional time.

Failing execution on the expiry of this new period, the buyer may freely break the contract.

The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by writing on another durable medium.

The contract will be considered resolved upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has meanwhile executed.

The buyer can, however, immediately resolve the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.

In this case, when the contract is resolved, the seller is required to reimburse the buyer for all amounts paid, at the latest within 14 days of the date on which the contract was terminated.

In case of unavailability of the ordered product, the buyer will be informed at the earliest and will have the opportunity to cancel his order. The buyer will then have the choice to request either the refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.

Article 12 – Terms of delivery

Delivery means the transfer to the consumer of physical possession or control of the property. The ordered products are delivered according to the modalities and the deadline specified above.

The products are delivered to the address specified by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be returned at the expense of the buyer.

If the buyer is absent on the day of delivery, the driver will leave a notice in the mailbox, which will remove the package at the place and time indicated.

If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reserve on the delivery note (package refused because open or damaged).

The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products …).

This check is considered to have been made once the buyer, or a person authorized by him, has signed the delivery note.

The buyer must then confirm by registered mail these reservations to the carrier no later than two working days after receipt of the item (s) and send a copy of this letter by e-mail or simple mail to the Seller at the address indicated in the legal notices of the site.

Article 13 – Delivery Errors

The buyer must formulate with the seller the same day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery compared to the indications appearing on the order form (product delivered is not the one on the order form) Any claim made after this time will be rejected.

The claim can be made, at the choice of the buyer:

– by telephone at the following number: +33 (0) 6 78 73 24 92;

– by e-mail to the following address: contact@lilimargotton.fr.

Any claim not made in the rules defined above and within the time limits can not be taken into account and release the seller from any liability vis-à-vis the buyer.

Upon receipt of the complaint, the seller will assign an exchange number of the product (s) concerned (s) and will communicate by e-mail to the buyer. The exchange of a product can take place only after the allocation of the exchange number.

In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, in Colissimo Recommandé, at the following address: 3 avenue des Landes, 92150 Suresnes.

Return shipping costs are the responsability of the seller.

Article 14  – Right of withdrawal

Application of the right of withdrawal

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order, to return any item does not suit him and request the exchange or refund without penalty of the price of the product (excluding shipping costs), with the exception of return costs which are borne by the buyer. Any complaint formulated outside this period can not be accepted.

The right of withdrawal can be exercised online, at the e-mail address: contact@lilimargotton.fr. In this case, an acknowledgment of receipt on a durable medium will be communicated to the buyer within 24 hours.

The return of the product can only be accepted for non-customizable products in their original condition (packaging, accessories, instructions …) and unused. Damaged, soiled or incomplete products are not taken back.

It will be his responsibility to prove the delivery of the package in our premises in case of dispute.

The right of withdrawal of 14 days does not apply to the customizable product: color options, custom fabrics, customized dimensions freely chosen by the Customer. The product customizable by the Customer is identified as such in the product description.

An exchange solution subject to availability may be offered to the customer by the Seller. In the event of the customer’s refusal of the exchange solution, the refund will apply excluding delivery charges and the price of the product on the date of order.

The refund (excluding delivery costs of the purchase) will be made under these conditions within a maximum period of 30 days by check or bank transfer or credit on the credit card used at the time of purchase. And this after delivery in our premises (3 avenue des landes – 92150 Suresnes – France) and control of the good condition of the article and its packaging.

exceptions

According to article L221-28 of the Consumer Code, the right of withdrawal can not be exercised for contracts:

– supply of goods made to the consumer’s specifications or clearly personalized; The lilimargotton products that fall into this category are identified on product description sheets with personalization attributes.

Article 15 – Force majeure

Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exemption from the obligations of the parties and shall lead to their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and of their disappearance.

Will be considered as force majeure all facts or circumstances irresistible, external parties, unpredictable, inevitable, beyond the control of the parties and can not be prevented by them, despite all efforts reasonably possible. Expressly, are regarded as case of force majeure or fortuitous cases, besides those usually retained by the jurisprudence of the French courts and tribunals: the blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.

The parties will come together to review the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure has a duration greater than three months, these terms and conditions may be terminated by the injured party.

Article 16 – Intellectual Property

The content of the website remains the property of the seller, the sole owner of the intellectual property rights to this content.

Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

Article 17 – Personal data

The nominative data provided by the buyer are necessary for the relationship between the website www.lilimargotton.fr and the Buyer, the processing of his order of the smooth delivery and the establishment of invoices.

This information is strictly confidential and is intended only for the use of lilimargotton. In accordance with the Data Protection Act of January 6, 1978, the Customer has the right to access, modify, rectify and oppose information concerning him. This right may be exercised under the conditions and according to the terms and conditions defined on the Lilimargotton website.

Article 18 – Partial non-validation

If one or more stipulations of the present general conditions are held for invalid or declared such under a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all referred present their strength and reach.

Article 19 – Non-Waiver

The fact that one of the parties does not rely on a breach by the other party of any of the general requirements may not be construed for the future as a waiver of the obligation in question.

Article 20 – Title

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

Article 21 – Language of the contract

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in case of dispute.

Article 22 – Mediation

The buyer may resort to conventional mediation, particularly with the Consumer Mediation Commission or with existing sectoral mediation bodies, or with any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

Article 23 – Applicable law

These general conditions are subject to the application of French law.

In case of dispute or claim, the buyer will first contact the seller to obtain an amicable solution.

These terms and conditions have been realized through www.rocketlawyer.com