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 possibility of purchasing products developed by the company SAS Lizia (hereinafter the “Product” or “Products”) through the online store.

 

ARTICLE 1 – LEGAL NOTICES

SAS Lizia is a simplified joint stock company with a capital of 6,000 euros, whose registered 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.

Email: contact@lizia.fr

The publication directors are Cédric Le Guern and Lucas Moysan, legal representatives of the Company.

The Site is hosted by 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 Terms and 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 the online sales contracts of the Company's products to Customers and constitute, with the online order, the contractual documents binding on the parties, to the exclusion of any other documents, prospectuses, catalogues 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 can be consulted directly and can also be communicated upon simple request by telephone, email or post.

The General Conditions of Sale are binding on the Customer who acknowledges, by checking a box provided for this purpose, having read and accepted them before placing an 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 applicable General Conditions of Sale are those in force on the date of the order, a copy of which dated on that day may 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 be considered a waiver on its part of the other clauses of the General Conditions of Sale which continue to produce 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 they are placed on the market.

3.3. Availability of Products

3.3.1. For Orders placed as part of pre-sales, the Customer is informed:

3.3.2 For standard Orders, made outside of pre-sales, the Products are offered and delivered within the limits of available stocks.

3.3.3. In the event of unavailability of the Product ordered, the Company shall immediately inform the Customer and may offer them a Product of equivalent quality and price or, failing that, a voucher for the amount of the Order which may be used for any future order.

In the event of disagreement by the Customer, the Company will reimburse the sums paid within one (1) month from the Customer's notification indicating his disagreement.

Apart from the 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 ORDERING PRODUCTS ON THE SITE

4.1. Steps for concluding the contract – To place an Order, the Customer fills his virtual basket by indicating the selected Products and the desired quantities, then clicks on the “Order” button and provides the information relating to delivery and the 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 the 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 payment is sent by the Company as soon as possible.

4.2. Modification of Order – Any modification of 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 that 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 at the time the Customer sends confirmation of his 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 in such a way 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. Prices are mentioned on the Site in the Product descriptions, in euros and inclusive of all taxes. The sale price of the Products does not include the shipping costs charged. Supplements may apply for destinations outside Metropolitan 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 exclusive of VAT, VAT is therefore invoiced upon delivery with the customs service of the country concerned.

The sale 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 effect on the day of the Order.

5.2. The total amount is indicated in the Order summary, before the Customer accepts these General Terms and Conditions of Sale, validates his Order, enters and validates his delivery details and, where applicable, billing details and proceeds to payment. This total amount is indicated inclusive of all taxes. The total amount also includes the delivery costs, the amount of which is specified.

5.3. The Order of Products on the Site is payable in euros, pounds sterling or Swiss francs in full on the day of the Order. No Order may be taken into account without 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 the total confidentiality of their banking information. The banking transaction by credit card, carried out between the Customer and the secure system is therefore entirely 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, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount that 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 may 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 product "Lizia", ​​the Company undertakes to deliver its products within the timeframes indicated on the product page, from the date of purchase. By accepting the General Conditions of Sale, the Customer acknowledges having been informed that the production of the ordered product "Lizia" has not started. The manufacturing is carried out as and when orders are placed, according to the date of purchase. Under no circumstances will the Company be held responsible for the failure to deliver the product "Lizia" before the deadlines indicated.

6.3. The Company undertakes, in accordance with the delivery deadline indicated on the site for each of the products, to deliver the products within 15 working days after receipt of its Order.

6.4. The Customer is informed by email, when his Order is ready, of its shipment. The product(s) ordered is (are) delivered to the delivery address indicated by the Customer when placing his Order under the conditions specified in article 4.1 of these General Terms and Conditions of Sale.

6.5. The Customer must ensure that the information provided referred to in Article 4.1 of these General Terms and 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 that may occur between the order and delivery, by sending an email without delay to the following address contact@lizia.fr

Failing this, in the event of a delay and/or error in delivery, the Customer may not 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 at the Customer's expense.

The Company will also not be liable if non-receipt of the Products is due to the actions of a third party outside its control or in the event of theft.

In the event of the Order being returned due to the absence of the Customer, the Company's Customer Service will contact the Customer for a second delivery at the Customer's expense.

6.6. When the Product ordered is not delivered within the time limits set out in the General Conditions of Sale, the Customer may, after having unsuccessfully requested the Company to fulfil its delivery obligation within a reasonable additional time, terminate the contract by registered letter with acknowledgement of receipt or by writing on another durable medium.

6.7. The risks of loss or damage to the Products are transferred to the Customer at the time when the Customer or a third party designated by the Customer 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 time 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 of 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 under the legal guarantee of conformity, the Customer:

The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

 

ARTICLE 9 – CUSTOMER OBLIGATIONS

9.1. The Customer undertakes to comply with 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/she will only use the Site for his/her personal use, in accordance with these General Terms and Conditions of Sale. In this regard, the Customer agrees to refrain from:

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 its access to the Site and take any measures including any civil and criminal legal action against it.

 

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 statement, without providing reasons. The Customer may communicate his decision to withdraw 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 at contact@lizia.fr

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 send him without delay an acknowledgement 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 in which he/she received it/them, and with all packaging, accessories and instructions, as soon as possible and no later than 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 shall bear the cost of returning 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 was or were 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 to a different means. In any event, this reimbursement will not incur any costs for the Customer. The reimbursement is made as soon as possible, and at the latest 30 days from the day on which the Company is informed of the Customer's decision to withdraw from his Order. The Company may defer the reimbursement until receipt of the Product(s) subject to the order, or until the customer has provided proof of shipment of this (or these) 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 Customer's liability, in the event of withdrawal after use of the Product(s), is incurred with regard to the depreciation of the Product(s) resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this or these Product(s). According to the European Commission, these handlings are those that a consumer can carry out in a store, for the goods offered for sale there.

10.8 If the Customer wishes to withdraw from an order already shipped, the costs of returning/repatriating the Product are their responsibility and will be deducted from the total refund of the order.

ARTICLE 11 – RESPONSIBILITY

11.1. The Company implements all measures to ensure that the Customer is provided with quality Product(s) under optimal conditions. However, it may not be held liable under any circumstances for any non-performance or poor performance of all or part of the services provided for in the contract, which is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party not involved in the contract, or to a case of force majeure. More generally, if the Company were to be held liable, it could not under any circumstances agree to compensate the Customer for indirect damages or damages whose existence and/or quantum are not 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 checking whether the product is not prohibited from sale in its 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 edited 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 party cannot and must not be interpreted as an express or tacit endorsement by the Company of these sites and these elements or 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 may not under any circumstances be held liable, in any way whatsoever, in the event that the Customers' computer equipment or electronic messaging rejects, for example due to anti-spam, electronic mail 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 shipping tracking email.

11.7. The Client is fully aware of the provisions of this article and in particular of the guarantees and limitations of liability mentioned above, 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 privacy policy accessible here.

12.2. The Client undertakes not to undermine the security of the Site. To this end, it undertakes not to proceed with any fraudulent access and/or maintenance in the Company's information system. The Client may also not undermine or hinder the Company's information system. Failing this, the Company may take any measure against it and in particular incur criminal liability under Articles 323-1 et seq. of the Criminal Code.

 

ARTICLE 13 – INTELLECTUAL PROPERTY RIGHTS

All elements of this Site and the Site itself are protected by copyright, trademark law, design law and/or any 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”, the logos, designs, stylized letters, figurative marks, and all signs represented on this Site is exclusively reserved for the Company.

No title or right to any material or software will be obtained by downloading or copying any material from this Site. The Customer is expressly prohibited from reproducing (other than for his/her personal and non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to this Site and the material and software contained therein, nor from modifying or making any work based on it, nor from selling or participating in any sale in connection with this Site, the material on 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 may not 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, trademarks and distinct signs belonging to the Company is strictly prohibited except in the event of express prior written agreement from the Company.

ARTICLE 14 – APPLICABLE LAW AND JURISDICTION

14.1. These General Conditions of Sale are governed by and interpreted in accordance with French law, without taking into account the principles of conflicts of laws.

The foreign Customer having contracted on a French site must demonstrate, in order to obtain the application of his own law from the judge, 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 that may arise in connection with the interpretation and/or execution of these General Terms and Conditions of Sale or in relation to these General Terms and Conditions of Sale, the Customer may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative method of dispute resolution.

14.3. The Customer may visit the European consumer dispute resolution platform set up by the European Commission at the following address and listing all the dispute resolution bodies 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 a court, the rules of the Code of Civil Procedure will apply.