"Customer(s)" refers to the Internet user(s) browsing the Site and making an online purchase of Product(s) for personal use.
"LOLITA LEMPICKA" refers to LESLIE LEONOR INTERNATIONAL SAS, with a capital of €1,000,000, registered in the Paris Trade and Companies Register under number 329 034 300, whose registered office is located at 42, avenue Montaigne - 75008 PARIS - France.
E-mail : firstname.lastname@example.org
"General Terms and Conditions of Sale" refers to the present general terms and conditions of sale of Products on the Site.
"Parties" means alternatively or collectively LOLITA LEMPICKA and/or the Customer(s).
The term "Product(s)" shall designate perfumery and cosmetic products of the LOLITA LEMPICKA brand offered for sale on the Site.
"Site" refers to LOLITA LEMPICKA's e-commerce website, accessible via the Internet at the following addresses : www.lolitalempicka.com et www.lolitalempicka.fr , offering the Products for sale.
2. OBJECT OF THE GENERAL TERMS AND CONDITIONS OF SALE
The purpose of the present General Terms and Conditions of Sale is to define the terms and conditions of online sale of the Products by LOLITA LEMPICKA to the Customers, as well as the rights and obligations of the Parties arising from the online sale of the Products offered on the Site.
The General Terms and Conditions of Sale are made available to Customers on the Site and may also be communicated to them upon request by e-mail to the following address : email@example.com or postal mail to the following address : LOLITA LEMPICKA- Service Digital – 42 avenue Montaigne – 75008 PARIS
By placing an order for a Product on the Site, the Customer acknowledges, by ticking a box provided for this purpose "By validating your order, you accept the General Terms and Conditions of Sale", having read the General Terms and Conditions of Sale in force on the day of the order before placing the order and having accepted them without restriction, this acceptance not being in any way conditioned by a handwritten signature on the part of the Customer.
LOLITA LEMPICKA reserves the right to update the General Terms and Conditions of Sale at any time. In case of modification of the General Sales Conditions, the applicable General Sales Conditions are those in force at the date of the order.
The General Terms and Conditions of Sale apply to all online sales made on the Site.
3.1. Description of Products
The Products offered for sale by LOLITA LEMPICKAs are those appearing on the Site, on the day the Customer consults the Site, and within the limit of available stocks. LOLITA LEMPICKA reserves the right to withdraw Products from sale at any time.
LOLITA LEMPICKA takes the utmost care in presenting the Products on the Site. Nevertheless, the photographs illustrating the Products are only indicative and do not enter into the contractual field.
Indeed, while every effort is made to ensure that the colours of the Products, whose photos are displayed on the Site, are faithful to the original products, variations (in particular slight differences in colour and proportion) may occur, in particular due to the technical limitations of the colour rendering of computer equipment. Consequently, LOLITA LEMPICKA cannot be held responsible for errors or inaccuracies in the photographs or graphic representations of the Products presented on the Site.
For any question relating to the purchase of the Products and their use, or request for advice, the Customer can contact the LOLITA LEMPICKA Customer Relationship Service: firstname.lastname@example.org
3.2. Product Availability
The Products are offered within the limits of available stocks. LOLITA LEMPICKA does not guarantee the availability of the Products presented on the Site. In case of unavailability of one or more of the Products concerned by the order, the Customer will be informed as soon as possible by e-mail or telephone of the unavailability of the Product(s) and the cancellation of his order.
In case of partial cancellation of the order due to unavailability :
- the Customer's order will be validated and his bank account will be debited for the entirety of the order
- the Customer will be delivered from the available products
- the Customer will be refunded the price of the product ordered that is not available as soon as possible and, at the latest, within 30 days of payment of the sums he has paid.
The prices of the Products are firm. They are indicated in euros. The current price is the one indicated for each Product on the Site.
These prices take into account the VAT applicable on the day of the order but do not include packing and delivery costs which will be invoiced in addition and will be specified to the Customer at the time of the final validation of his order.
The amount of the shipping costs will be indicated before the validation of the order by the Customer. The different shipping methods are set forth hereafter in the General Terms and Conditions of Sale and may be modified at any time by LOLITA LEMPICKA.
The price invoiced to the Customer is the price indicated at the time of the order confirmation, displayed on the Site at the time of the order confirmation and transmitted by e-mail by LOLITA LEMPICKA.
LOLITA LEMPICKA reserves the right, which the Customer accepts, to modify its prices at any time, without any other formality than posting the modifications on the Site. However, these modifications will not affect the orders that the Customer will have validated before the entry into force of these modifications, subject to the availability of the ordered Products.
5. RESERVATION OF OWNERSHIP
The Products ordered remain the property of LOLITA LEMPICKA until full payment of their price by LOLITA LEMPICKA.
6. ORDER MODALITIES
6.1. Browsing the Site
The Customer may view the various Products offered for sale by LOLITA LEMPICKA on the Site. The Customer may freely browse the different pages of the Site, without being bound by an order.
It is specified that the Products are intended for the Customer's personal use, without any direct connection with the Customer's professional activity.
To place an order on the Site, the Customer must be of legal age, have legal capacity and hold a bank card.
In order to place an order, the Customer must carry out the following steps :
1. Fill the virtual basket by clicking on the "Quick Buy" or "Add to Basket" button and indicating the selected Products and the desired quantities.
2. Click on the "Order" button.
3. Check the virtual basket and modify, if necessary, the desired quantities for each Product.
4. Select two free samples (subject to availability).
5. Indicate your choice of delivery method (Colissimo or Chronopost) and fill in the delivery address (Metropolitan France, including Corsica and Monaco).
6. Login to the Site
- either by creating an account on the Site by checking the box "I do not yet have an account" by completing a form, some fields of which are mandatory for the order to be taken into account;
- or by connecting to the Site by checking the box "I already have an account" by entering his email address and password if he has already created an account.
7. Fill in the identification form on which the Customer indicates all the contact details requested (full identity, e-mail address, telephone number, delivery details).
8. Specify if the billing address is the same as the shipping address by checking the box "Use this address for billing" and, if necessary, fill in the billing address if it is different from the shipping address.
9. Carry out the payment under the conditions provided (by credit card: Carte Bleue, Visa, Mastercard and American Express exclusively).
10. Tick the box " By validating your order, you accept the General Terms and Conditions of Sale ".
Up to the "Confirm Payment" step, the Customer can modify his order by clicking on the "Previous Step" icon at the top and bottom left of the screen in order to :
- check the details of his order and its total price ;
- revenir aux pages précédentes pour corriger d’éventuelles erreurs commises dans la saisies des données ou modifier sa commande.
From the moment the Customer confirms his order by clicking on the "Confirm Payment" icon, the Customer will no longer be able to cancel or modify his order.
6.4. Final validation of the order
Following the validation of the payment by the Customer, a confirmation of the acceptance of the order will be sent by e-mail to the Customer by LOLITA LEMPICKA. The order confirmation includes the summary of the ordered products, the price, the shipping costs, the order number. It mentions the retraction option and the standard retraction form and refers to the General Terms and Conditions of Sale.
The sale will only be considered as definitively formed after the validation of the payment by the Customer and the receipt by the Customer of the electronic email confirming the acceptance of the order by LOLITA LEMPICKA.
The validation of the payment by the Customer and the email confirming the acceptance of the order by LOLITA LEMPICKA will be proof of the acceptance of the said order and its final validation. These elements will be worth exigibility of the sums engaged by the seizure of the Products appearing on the order.
6.5. Order Refusal
LOLITA LEMPICKA reserves the right to refuse any order in case of :
- existing dispute with the Customer ;
- total or partial non-payment of a previous order by the Customer ;
- Refusal to authorise payment by credit card by payment organisations including MONETICO, a service provider used by LOLITA LEMPICKA to detect credit card fraud. ;
LOLITA LEMPICKA reserves the right to ship samples according to the seasonality of commercial operations. A sample may possibly be distributed free of charge subject to available stock.
6.7 Using loyalty points
Soon, during any order placed on the Site and by connecting to his customer account, the Customer will be able to accumulate and use his loyalty points.
7. ARCHIVING AND PROOF OF CONTRACT
The Customer agrees that exchanges between the Parties shall be made by electronic mail.
The storage on LOLITA LEMPICKA's computer systems of the order, of the confirmation of acceptance of the order and of any exchange between the Parties will be considered as proof of the sales contract.
The computerized registers kept in the computer systems of LOLITA LEMPICKA and its partners will be considered as proof of communications, orders and payments between the Parties.
At any time, the Customer can access the details of his orders placed by sending an e-mail to Customer Service at the following address: email@example.com
Payment is made via the company's secure server, MONETICO, secure payment operator. This implies that no banking information concerning the Customer transits via the Site. Payment by credit card is therefore completely secure.
All orders are payable in euros, including all taxes and compulsory contributions.
The credit card is debited when the order is shipped.
Payments by cheque are not accepted.
The Customer guarantees LOLITA LEMPICKA that he has the necessary authorizations to use the payment method chosen at the time of order validation. In case of refusal by the bank, the order will be automatically cancelled.
Purchase invoices will be sent by e-mail to the e-mail address indicated by the Customer when registering his order on the LOLITA LEMPICKA website.
9.1. Delivery Address
The Products ordered by the Customer in accordance with these General Terms and Conditions of Sale shall be delivered to the address indicated by the Customer as the delivery address at the time of his order.
Will always be excluded the deliveries for which the delivery address given on the Site will be the one :
- a hotel or other lodging houses ;
- of one remaining post ;
-A postal box ;
- of a non-fixed address or domicile (i.e., and without this list being exhaustive, mobile homes, caravans, camping sites, and other non-fixed domiciliations) or in a collective place where an individual address cannot be clearly and permanently assigned to a natural or legal person.
9.2. Delivery times / Delivery cost
The delivery time and cost depend on the delivery method chosen by the Customer at the time of his order.
The delivery period begins as soon as the order confirmation e-mail is sent.
For all deliveries, the products are delivered by Colissimo or Chronopost and the amount of delivery charges is calculated on a flat-rate basis as follows :
STANDARD (Colissimo) :
- The cost of delivery of an order amounting to less than eighty (80) Euros including all taxes is eight euros and twenty cents (8.20) Euros including all taxes on the day of the drafting of these General Terms and Conditions of Sale.
Beyond an amount of eighty (80) Euros inclusive of tax, the order is shipped free of charge as standard to the Customer.
- The maximum delivery time of the order is 5 working days.
For Corsica, delivery times are extended by an average of 1 to 2 days.
10. RECEIPT OF GOODS
The Customer undertakes, upon delivery of the Products, to check the conformity and condition of the packaging of the Product as well as the conformity of the Product.
In case of anomaly concerning the delivery, in particular deterioration or partial loss of the product (missing items compared to LOLITA LEMPICKA's invoice, late delivery, etc.), the Customer must imperatively formulate, upon receipt, reservations which will have to be noted on the delivery receipt presented by the carrier and then communicated by e-mail to the following address : firstname.lastname@example.org for the attention of Customer Service within a maximum period of 14 days from receipt of the Products.
In the event that the Customer would have reported a missing product or a delay in delivery, an investigation with the carrier will be set up.
In the event of a missing product, if it is found before the delivery date indicated, the Product may be re-routed to the place of delivery indicated in the order form.
If the order or the missing Product has not been delivered after the indicated delivery date, for any reason other than a case of force majeure, the Customer must write to LOLITA LEMPICKA by registered letter with acknowledgement of receipt in order to inform it of the delay and ask it to make the delivery, at the following address :
Service Relation Clientèle
42 avenue Montaigne
11. RIGHT OF WITHDRAWAL AND RETURN OF GOODS
In accordance with the provisions of article L. 221-18 of the French Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Products ordered on the Site to notify LOLITA LEMPICKA of his wish to exercise his right of withdrawal.
As from the exercise of this right, the Customer has an additional period of fourteen (14) days to return, at his expense, the Product(s) he ordered if he is not satisfied with them, and to cancel his order.
However, in accordance with the provisions of Article L.221-28 of the French Consumer Code, this right of withdrawal may not be exercised for Product(s) made to the Customer's specifications or clearly personalised, nor for Product(s) opened and/or unsealed and/or used after delivery and which cannot be returned for reasons of hygiene or health protection (in particular cosmetic products).
The Product(s) must be returned in its (their) packaging and its (their) original unopened packaging allowing remarketing in new condition, following the procedure described on the delivery note enclosed with the package. The return of the Products must be accompanied by the return form included in the parcel duly completed.
All parcels must be returned to the following address :
ZI Extension 2
26 Rue d’Avrilly
The costs of return are at the expense of the Customer.
Any risk related to the return of the product(s) is the responsibility of the Customer. LOLITA LEMPICKA recommends to its Customers to subscribe to a parcel tracking option in order to avoid any inconvenience in case of loss or theft of the Products during the return transport.
If the above-mentioned conditions are met, LOLITA LEMPICKA will reimburse the Customer, by the same means of payment as the one initially used, all sums incurred when ordering the returned Products, with the exception of the return costs, within a maximum period of fourteen (14) days from receipt of the return slip, or at the latest from the latest of the following dates: either on the day LOLITA LEMPICKA receives the returned Products, or from the day the Customer provides proof of shipment of the goods for which he has exercised his right of retraction, whichever is earlier. Moreover, in the event that the Customer has expressly chosen a delivery method that is more expensive than the standard delivery method proposed by LOLITA LEMPICKA, the additional costs will not be reimbursed and will remain at the Customer's expense.
In case of partial return of Products, only the price of the returned Products will be refunded by LOLITA LEMPICKA and not the delivery costs, insofar as the Customer has benefited from the delivery service for the retained items and the delivery rates do not change according to the volume ordered.
In case of return of Products that have been the subject of a global promotional offer including one or more gifts, the gifts granted by LOLITA LEMPICKA related to the purchase of one or more Products must be returned to LOLITA LEMPICKA. If the customer keeps the Product(s) offered as part of the global promotional offer, they will be invoiced to him/her on the basis of their initial price. An additional invoice will be issued in this respect within 15 days of the partial return of the Products and will be accessible in the "My Account" area.
12. STATUTORY WARRANTY
All Products sold by LOLITA LEMPICKA benefit from the legal guarantee of conformity provided for in articles L217-4 to L217-14 of the Consumer Code and the legal guarantee of hidden defects provided for in articles 1641 to 1649 of the Civil Code.
When acting on the basis of the legal guarantee of conformity, the Customer shall :
- has a period of two years from the date of delivery of the property to act ;
- may choose between repair or replacement of the goods, unless this choice entails a cost that is manifestly disproportionate to the other, taking into account the value of the goods or the importance of the defect. LOLITA LEMPICKA will then be obliged to proceed, unless this is impossible, according to the method not chosen by the Customer..
- shall be exempt from furnishing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods. The legal guarantee of conformity shall apply independently of the commercial guarantee.
In the event that the action based on the guarantee of the hidden defects of the thing sold is brought by the Customer under the conditions provided for in articles 1641 and following of the Civil Code, the Customer may request either the cancellation of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.
In case of lack of conformity of a delivered Product, the Customer may return to LOLITA LEMPICKA the Product with the lack of conformity, in its original state, with the original labels and accompanied by the original packaging and the delivery note, by first informing the Customer Relationship Service at the following address : email@example.com
Failing this, LOLITA LEMPICKA will neither repair nor reimburse the returned defective Product.
In the event that the return of the defective Product is well founded, LOLITA LEMPICKA will reimburse the defective Product and the delivery costs, to the exclusion of any other compensation.
With the exception of the above hypothesis, no exchange or repair of the Product is authorised.
Reminder of Articles L-217-4, L 217-5 and L 217-12 of the Consumer Code and Articles 1641 and 1648, first paragraph of the Civil Code :
- Article L 217-4 du Code de la Consommation :
"The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery.
He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation when this has been entrusted to him by the contract or has been carried out under his responsibility. »
- Article L 217-5 of the Consumer Code :
"The property is in accordance with the contract :
1° If it is fit for the use ordinarily expected of a similar property, and if so :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model ;
- if it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling ;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter. »
- Article L217-12 of the Consumer Code :
"An action resulting from lack of conformity shall be time-barred two years after delivery of the goods.».
- Article 1641 of the Civil Code :
"The seller is bound by the warranty on account of hidden defects in the thing sold which render it unfit for the use for which it is intended or which so diminish that use that the buyer would not have acquired it, or would only have paid a lower price for it if he had known about them. »
- Article 1648 of the Civil Code, 1st paragraph :
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. »
LOLITA LEMPICKA is only bound by an obligation of means. The Customer remains the sole judge of the appropriateness and suitability for his needs and consumption of the items he orders.
LOLITA LEMPICKA shall not be held liable for the use of the Products in a manner inconsistent with their intended use.
It is reminded that the Customer, prior to his order, declares to have full legal capacity, allowing him to commit himself under these General Terms and Conditions of Sale. LOLITA LEMPICKA can in no way be required to verify the legal capacity of its Site visitors and Customers. Consequently, if a person who does not have the legal capacity would order items on the Site, his or her legal representatives would assume full responsibility for this Order and would have to honor the price.
LOLITA LEMPICKA does not guarantee that the Site will be available continuously, without temporary interruption, without suspension or without error. In particular, LOLITA LEMPICKA cannot be held responsible for :
- interruptions or delays recorded on the Site due to technical breakdowns, a case of force majeure, due to third parties or any circumstances whatsoever, beyond its control;
- the Customer's inability to access or temporarily access the Site, due to events beyond his or her control, such as computer breakdowns, interruptions in the telephone network, the Internet network or failure of the Customer's reception equipment on the Internet network.
LOLITA LEMPICKA cannot be held responsible for (i) the loss, alteration or fraudulent access to the Customer's personal data, (ii) the accidental transmission, viruses or other harmful elements, resulting from Internet access or e-mail transmissions.
Without limiting the scope of the other provisions of the General Terms and Conditions of Sale, LOLITA LEMPICKA's liability can only be retained in case of proven fault exclusively attributable to it. In any case, it will be limited to direct damages only.
LOLITA LEMPICKA reserves the right to suspend the operation of the Site.
14. CLAIMS - INFORMATION
For any information, claim or question relating to the conditions of sale by correspondence set up by LOLITA LEMPICKA or to the items themselves, Customers should contact LOLITA LEMPICKA's customer service department by mail to Lolita Lempicka – Service Relation Clientèle – 42 avenue Montaigne - 75008 PARIS ou courriel électronique à firstname.lastname@example.org by recalling their order number.
15. FORCE MAJEURE
LOLITA LEMPICKA cannot be held responsible for the poor execution or the total or partial non-execution of its obligations, if this is due either to the consumer, or to the unforeseeable and insurmountable fact of a third party to the contract, or in case of force majeure. These events constitute a cause for the suspension and/or termination of LOLITA LEMPICKA's obligations towards the Customer, without any compensation to the Customer.
16. INTELLECTUAL PROPERTY
The intellectual property rights attached to the Products sold on the Site are and remain the exclusive property of LOLITA LEMPICKA. All exploitation rights are exclusively reserved to LOLITA LEMPICKA. Under these conditions, no one is authorized to reproduce, exploit, distribute or use for any purpose whatsoever, even partially, the intellectual property rights, without the prior written consent of LOLITA LEMPICKA. The trademarks and logos of LOLITA LEMPICKA are registered trademarks. Any reproduction therefore constitutes a counterfeit.
17. ENTIRE AGREEMENT
The General Terms and Conditions of Sale, the order summary sent to the Customer and the electronic order confirmation e-mail form a contractual whole and constitute the entire contractual relationship between the Parties. They are the only contractual documents binding on the Parties, to the exclusion of any other document or photograph of the Products, which have only an indicative value..
18. APPLICABLE LAW - LITIGATION
The present General Sales Conditions and the contractual relationship between LOLITA LEMPICKA and the Customer are governed by French law. Any dispute arising from the application or interpretation of the General Terms and Conditions of Sale shall, in the absence of an amicable settlement, fall within the jurisdiction of the French courts.
In accordance with Article L. 211-3 of the French Consumer Code, the Customer is also informed of the possibility of resorting, in the event of a dispute, to the consumer mediation procedure, the conditions of which are set out in Title I of Book VI of the French Consumer Code.