Terms and conditions
These General Conditions of Sale are up to date as of August 21, 2022.
This document defines the General Conditions of Sale (hereinafter referred to as the “General Conditions of Sale”) which govern the contractual relations between the company SAS Lizia (hereinafter referred to as the “Company”) and its customers (hereinafter referred to as the “Customer” or “Customers”) in the context of the sale of products offered for sale on the site https://lizia.fr (hereinafter the “Site”).
The Site offers Customers the opportunity to purchase products developed by the company SAS Lizia (hereinafter the “Product” or “Products”) through the online store.
ARTICLE 1 – LEGAL NOTICES
The company SAS Lizia is a simplified joint stock company with capital of 6,000 euros, whose head office is located at 3 impasse Chateaubriand, 22120, Hillion, France. SAS Lizia is registered in the Saint-Brieuc trade and companies register under number 919 049 338 00016.
The publishing directors are Cédric Le Guern and Lucas Moysan, legal representatives of the Company.
The Site is hosted by the company OVH, whose head office is located at 2 rue Kellermann - 59100 Roubaix – France.
ARTICLE 2 – PURPOSE AND SCOPE OF APPLICATION
2.1. The purpose of these General Conditions of Sale is to define the terms of distance selling between the Company on the one hand and the Customer making a purchase on the Site on the other hand. They therefore apply to any Order (hereinafter the “Order”) for Products placed on the Site by a Customer.
2.2. The General Conditions of Sale exclusively govern online sales contracts for the Company's products to Customers and constitute, with the online order, the contractual documents enforceable against the parties, to the exclusion of any other documents, prospectuses, catalogs or photographs. of products which have only an indicative value.
The General Conditions of Sale are exclusively applicable to products delivered to Customers established in mainland France, in a member country of the European Union, in the United Kingdom and in Switzerland.
2.3. The General Conditions of Sale are made available to Customers on the Site where they are directly consultable and can also be communicated on simple request by telephone, email or postal mail.
The General Conditions of Sale are enforceable against the Customer who acknowledges, by checking a box provided for this purpose, having been aware of them and having accepted them before placing the Order.
Validation of the Order by its confirmation constitutes acceptance by the Customer of the General Conditions of Sale in force on the day of the Order.
2.4. The Company reserves the right to modify its General Conditions of Sale at any time. In the event of modification of the General Conditions of Sale, the General Conditions of Sale applicable are those in force on the date of the order, a copy of which dated to date can be provided to the Customer upon request.
2.5. The nullity of a contractual clause does not entail the nullity of the General Conditions of Sale. The temporary or permanent non-application of one or more clauses of the General Conditions of Sale by the Company cannot constitute a waiver on its part of the other clauses of the General Conditions of Sale which continue to have their effects.
ARTICLE 3 – PRODUCTS
3.1. The Products offered for sale are described and presented with the greatest possible accuracy. However, without this being limiting, a minimal variation in the color or composition of the Product(s) does not engage the responsibility of the Company and does not affect the validity of the sale.
The photographs illustrating the Products do not constitute a contractual document.
The Company reserves the right to correct the content of the Site at any time.
3.2. The Products comply with the requirements of French law in force at the time of their placing on the market.
3.3. Availability of Products
3.3.1. For Orders placed as part of pre-sales, the Customer is informed:
- that the Product ordered is not available on the day of the Order;
- that pre-sales are temporary offers relating to Products for which production has not started;
- that specific delivery times are applicable to these orders, in accordance with article 6.2 of the General Conditions of Sale. These deadlines are indicated on each product page.
3.3.2 For classic Orders, placed outside of pre-sale, the Products are offered and delivered while stocks last.
3.3.3. In the event of unavailability of the Product ordered, the Company immediately informs the Customer and may offer him a Product of equivalent quality and price or, failing that, a voucher for the amount of the Order usable for any next order.
In the event of disagreement by the Client, the Company will reimburse the sums paid within one (1) month from the Client's notification indicating their disagreement.
Apart from reimbursement of the price of the unavailable Product, the Company is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.
ARTICLE 4 – CONCLUSION OF THE CONTRACT AND ORDER OF PRODUCTS ON THE SITE
4.1. Steps for concluding the contract – To place an Order, the Customer fills their virtual basket, indicating the selected Products and the desired quantities, then clicks on the “Order” button and provides information relating to delivery and payment method.
Before clicking on the “Confirm order” button, the Customer has the possibility to check the details of his Order and its total price and to return to previous pages to correct any errors or possibly modify his Order.
Confirmation of the Order entails acceptance of the General Conditions of Sale and forms the contract.
An email acknowledging receipt of the Order and its payment is sent by the Company as soon as possible.
4.2. Modification of Order – Any modification of the Order by the Customer after confirmation of his order is subject to acceptance by the Company. The Company reserves the right to make modifications to the Product ordered which are linked to technical developments under the conditions provided for in Article R. 212-4 of the Consumer Code.
4.3. Validation of the Order – The Company reserves the right to refuse any order for legitimate reasons.
4.4. The sales contract is formed when the Customer sends the confirmation of their Order, via the “Confirm Order” button.
4.5. The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1379 of the Civil Code. These communications, purchase orders and invoices may be produced as proof of the contract.
ARTICLE 5 – PRICE
5.1. The prices are mentioned on the Site in the Product descriptions, in euros and all taxes included. The sale price of the Products does not include the shipping costs charged. Supplements may apply for destinations outside mainland France, and in particular for deliveries made to another member country of the European Union, the United Kingdom or Switzerland. The prices indicated for Switzerland and the United Kingdom are excluding VAT, VAT is therefore charged upon delivery with the customs service of the country concerned.
The selling price of the Product is that in effect on the day of the Order. The Company reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the Order.
5.2. The total amount is indicated in the Order summary, before the Customer accepts these General Conditions of Sale, validates his Order, provides and validates his delivery and, where applicable, billing details and proceeds to payment. This total amount is indicated including all taxes. The total amount also includes delivery costs, the amount of which is specified.
5.3. The Order for Products on the Site is payable in euros, pounds sterling or Swiss francs in full on the day of the Order. No Order can be taken into account in the absence of full payment.
5.4. For payments by credit card, the Site uses the security system of a service provider specializing in online payment security. This system guarantees the Customer total confidentiality of their banking information. The banking transaction by credit card, carried out between the Customer and the secure system, is therefore fully encrypted and protected. The Customer's bank details are not stored electronically by the Company.
5.5. The Customer guarantees to the Company that he has the necessary authorizations to use the payment method chosen when placing the Order.
5.6. The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum which would be owed by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.
ARTICLE 6 – DELIVERY
6.1. The Product(s) offered on the Site can be delivered to mainland France as well as to the member states of the European Union, the United Kingdom and Switzerland.
6.2. For Orders relating to the “Lizia” product, the Company undertakes to deliver its products within the deadlines indicated on the product page, from the date of purchase. By accepting the General Conditions of Sale, the Customer acknowledges having been informed that production of the ordered product “Lizia” has not started. Manufacturing is carried out as orders are placed, depending on the date of purchase. Under no circumstances will the Company be held responsible for the failure to deliver the “Lizia” product before the deadlines indicated.
6.3. The Company undertakes, in accordance with the delivery deadline indicated on the site for each product, to deliver the products within 15 working days after receipt of its Order.
6.4. The Customer is informed by email, when their Order is ready, of its shipment. The product(s) ordered is (are) delivered to the delivery address indicated by the Customer when placing the Order under the conditions specified in article 4.1 of these General Conditions of Sale.
6.4. The Customer must ensure that the information communicated referred to in article 4.1 of these General Conditions of Sale is correct, and that it remains so until complete delivery of the product(s) ordered. The Customer therefore undertakes to inform the Company of any change in billing and/or delivery details which may occur between the order and delivery, by sending, without delay, an email to the following address email@example.com
Failing this, in the event of a delay and/or delivery error, the Customer cannot under any circumstances hold the Company liable in the event of non-delivery, and the Company's Customer Service will contact the Customer for a second delivery. on client fee.
The Company will also not be responsible if the non-receipt of the Products is due to the action of a third party outside its intervention or in the event of theft.
If the Order is returned due to the Customer's absence, the Company's Customer Service will contact the Customer for a second delivery at the Customer's expense.
6.5. When the Product ordered is not delivered within the deadlines provided for in the General Conditions of Sale, the Customer may, after having unsuccessfully requested the Company to fulfill its delivery obligation within a reasonable additional period, terminate the contract by registered letter with request for acknowledgment of receipt or in writing on another durable medium.
6.6. The risks of loss or damage to the Products are transferred to the Customer at the moment when the Customer or a third party designated by him, takes physical possession of the Product(s), without distinction according to its nature.
The Product, which is delivered to the Customer by a carrier chosen by the Company, travels at the Company's risk. The product, which is delivered to the Customer by a carrier chosen by the Customer, travels at the Customer's risk from the moment the goods are handed over to the carrier.
ARTICLE 7 – LEGAL GUARANTEE OF CONFORMITY AND GUARANTEE AGAINST HIDDEN DEFECTS
All products supplied by the Company benefit from the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the Consumer Code or the guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.
The Customer may exercise his guarantees by sending his request to: SAS Lizia, 3 impasse Chateaubriand, 22120, Hillion (France)
When acting as a legal guarantee of conformity, the Customer:
- benefits from a period of two years from delivery of the Product to act;
- is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following delivery of the good.
- must notify the Company of any damage due to transport within 30 days following the delivery date.
The Customer may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
ARTICLE 9 – CUSTOMER OBLIGATIONS
9.1. The Customer undertakes to respect the terms of these General Conditions of Sale.
9.2. The Client undertakes to use the Site in accordance with the Company's instructions.
9.3. The Customer agrees that he only uses the Site for his personal use, in accordance with these General Conditions of Sale. In this regard, the Client agrees to refrain:
- to use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these General Conditions of Sale;
- to sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software activating or comprising all or part of the Site;
- attempt to gain unauthorized access to the Site's computer system or engage in any activity that disrupts, diminishes the quality of, or interferes with the performance of or impairs the functionality of the Site.
- to use the Site for abusive purposes by intentionally introducing viruses or any other malicious program and to attempt to gain unauthorized access to the Site.
- to infringe the intellectual property rights of the Company and/or to resell or attempt to resell the products to third parties.
- to denigrate the Site and/or the products as well as the Company on social networks and any other means of communication.
9.4. If, for any reason, the Company considers that the Customer does not comply with these General Conditions of Sale, the Company may at any time, and at its sole discretion, remove his access to the Site and take all measures including any civil legal action. and criminal proceedings against him.
ARTICLE 10 – RIGHT OF WITHDRAWAL
10.1. In accordance with articles L. 221-18 et seq. of the Consumer Code, the Customer has a period of fourteen (14) days from receipt of the product ordered on the Site to exercise his right of withdrawal from the Company. , without having to provide reasons or pay a penalty.
10.2. To exercise his right of withdrawal, the Customer must notify his decision to withdraw by means of an unambiguous declaration, without providing reasons. The Customer may communicate his decision of withdrawal to the Company by any means, in particular by sending it by post to the Company at the following address: SAS Lizia, 3 impasse Chateaubriand, 22120, Hillion (France)
or by email to firstname.lastname@example.org
10.3. In the event of notification to the Company by the Customer of his decision to withdraw, whatever the means used, the Company will immediately send him an acknowledgment of receipt of the withdrawal on a durable medium (in particular by fax, mail or email).
10.4. The Customer must return the Product(s) in the same condition as that in which he or she received them, and with all packaging elements, accessories and instructions, as soon as possible. and at the latest within 14 days from notification of the decision to withdraw from this contract, to the following address: SAS Lizia, 3 impasse Chateaubriand, 22120, Hillion (France). The Customer is responsible for the return costs of the product(s).
10.5. The Customer is invited to indicate the reason for return/withdrawal, in order to help the Company improve its Product(s).
10.6. In the event of withdrawal by the Customer, the reimbursement of the Product(s) which has or have been the subject of the right of withdrawal is made by the Company by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees in a different way. In any case, this reimbursement will not incur any costs for the Customer. Reimbursement is made as soon as possible, and no later than 30 days from the day the Company is informed of the Customer's decision to withdraw their Order. The Company may defer reimbursement until receipt of the Product(s) covered by the order, or until the customer has provided proof of shipment of this Product(s), the date retained being that of the first of these facts.
10.7. In accordance with article L.221-23 of the Consumer Code, it is recalled that the responsibility of the Customer, in the event of withdrawal after use of the Product(s), is incurred with regard to the depreciation of the Product(s) resulting manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or these Products. According to the European Commission, these manipulations are those that a consumer can carry out in a store, for the goods offered for sale there.
10.8 If the Customer requests withdrawal of an order that has already been shipped, the costs of returning/repatriating the Product are their responsibility and will be deducted from the total reimbursement of the order.
ARTICLE 11 – LIABILITY
11.1. The Company implements all measures to ensure that the Customer is supplied, under optimal conditions, with quality Product(s). However, it cannot under any circumstances be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Client, or to the unforeseeable and insurmountable act of a third party unrelated to the contract, or to a case of force majeure. More generally, if the Company were to be held liable, it could under no circumstances agree to compensate the Client for indirect damage or the existence and/or quantum of which would not be established by evidence.
For cross-border contracts within the European Union, the Company cannot be held liable for non-compliance of the product with the legislation of the Customer's country, which is responsible for verifying whether the product is not prohibited for sale. in his country.
11.2. In the event of damage caused by a safety defect in the Product, the Customer must seek the liability of the manufacturer identifiable from the information mentioned on the product packaging.
11.3. The Site may contain links to other sites not published or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
11.4. The establishment of such links or the reference to any information, articles or services provided by a third person cannot and must not be interpreted as an express or tacit endorsement, by the Company, of these sites and these elements nor of their contents.
11.5. The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, product(s) and other information disseminated on these websites.
11.6. It is expressly stipulated that the Company cannot under any circumstances be held responsible, in any way whatsoever, in the event that the Customers' computer equipment or electronic messaging system rejects, for example due to anti-spam, the emails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary statement of the Order or the shipment tracking email.
11.7. The Customer is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have entered into a contract.
Article 12 – PERSONAL DATA – COOKIES – SECURITY
12.1. Customers are informed that their personal data is used and processed in accordance with the Company's confidentiality policy accessible here.
12.2. The Customer undertakes not to compromise the security of the Site. To this end, he undertakes not to carry out any fraudulent access and/or maintenance in the Company's information system. The Client may also not harm or hinder the Company's information system. Failing this, the Company may take any measure against him and in particular incur criminal liability under articles 323-1 et seq. of the Penal Code.
ARTICLE 13 – INTELLECTUAL PROPERTY RIGHTS
All elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and/or all other intellectual property rights. These elements are the exclusive property of the Company. All of these rights are reserved for the entire world.
The use of the name and brand “Lizia”, logos, designs and models, stylized letters, figurative marks, and all signs represented on this Site is exclusively reserved for the Company.
No title or right whatsoever to any material or software will be obtained by downloading or copying material from this Site. The Customer is expressly prohibited from reproducing (except for his personal and non-commercial use), publishing, editing, transmitting, distributing, showing, removing, deleting, adding to this Site and the elements and software it contains, no more modify them or carry out any work based on them, nor sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto.
The Company grants the Client a non-exclusive license to use the Site. This license is strictly personal and cannot under any circumstances be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.
Any use by the Client of the company names, brands and distinct signs belonging to the Company is strictly prohibited except in the event of express and prior written agreement from the Company.
ARTICLE 14 – APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
14.1. These General Conditions of Sale are governed and interpreted in accordance with French law, without taking into account the principles of conflicts of law.
The foreign Customer having contracted on a French site must demonstrate, to obtain from the judge the application of his own law, that French law is less favorable than that of his country and that the law of his country creates an obstacle to trade in the internal market which is justified by consumer protection.
14.2. In the event of a dispute likely to arise during the interpretation and/or execution hereof or in relation to these General Conditions of Sale, the Customer may decide to submit the dispute with the Company to a procedure of conventional mediation or any other alternative method of dispute resolution.
14.3. The Customer can go to the European consumer dispute resolution platform set up by the European Commission at the following address and listing all dispute resolution organizations approved in France: https://webgate.ec. europa.eu/odr/.
14.4. In the event of failure of this mediation procedure or if the Client wishes to refer the matter to court, the rules of the code of civil procedure will apply.