GENERAL TERMS AND CONDITIONS OF SALE
The present general terms and conditions of sale (hereafter, the "General Terms and Conditions of Sale") apply without restriction or reserve, to the offer and sale of personalized gift boxes and subscriptions via the website "Lilas Parme" available at the address www.lilasparme.com (hereafter, the "Website") between Lilas Parme, a simplified joint stock company whose head office is located at 34 avenue des Champs Elysées 75008 Paris, endowed with a capital of six thousand euros (6,000 €), registered at the Trade and Companies Register of Strasbourg under the number 800 036 873 (hereafter, "Lilas Parme") and the buyer of any gift box or subscription to a personalized gift box service offered for sale on the Website (hereafter, the "Client").
Lilas Parme encourages the Client to carefully read the present General Terms and Conditions of Sale as well as the characteristics of the personalized gift boxes (hereafter, the "Boxes") or the subscriptions to the services of personalized gift boxes (hereafter, the "Subscriptions") marketed by Lilas Parme such as those that appear on the Website. Any order of Boxes and/or any subscription to a Subscription implies the acceptance of the present General Terms and Conditions of Sale by the Client by checking the box provided for this purpose, before placing their order online.
The provisions protecting the rights of consumers apply exclusively to Clients placing an order for their own needs, to the exclusion of any professional need (hereafter, the "Consumer").
- Declarations and accessibility of the General Terms and Conditions of Sale
The Client declares that they have the capacity required to contract and order the Boxes and/or to subscribe to the Subscriptions offered on the Website.
The Client also acknowledges having been informed of the information and necessary details before placing an order, in particular the essential characteristics of the Boxes and the Subscriptions, the prices applied to the Boxes and the Subscriptions, the date or the time at which Lilas Parme commits to deliver the Boxes (alone or within the framework of a Subscription), the information relating to the identity of Lilas Parme (postal address, telephone number, and email address), the information relating to the guarantees, their modes of implementation, and the possibility for Consumers to resort to conventional mediation in the event of litigation.
The present General Terms and Conditions of Sale are accessible at any time on the Website and are systematically communicated to the Client who makes a request in writing to Lilas Parme. In case of later modifications of the General Terms and Conditions of Sale, the version applicable to the purchase of Box(es) and/or to the subscription of a Subscription by the Client is the one on the Website at the date of the placement of the order or of the subscription of the Client.
Any user of the Website can navigate and place an order for a Box or subscribe to a subscription with Lilas Parme, by filling out one of the forms available on the Website. Specifically, the Client recognizes that the content of the Boxes depends on their answers to the questionnaire that they complete on the Website before placing an order as well as the budget allocated to the Box. The Client is invited to fill in the desired delivery address, a delivery method, and a payment method among those suggested on the Website to finalize their order of Box(es) or their subscription to a Subscription and to properly form the sales contract with Lilas Parme (hereafter, the "Order").
The Order must be approved by the Client by submitting the form of their choice or by accepting the estimate established by Lilas Parme on a case-by-case basis. By doing so, the Client accepts the characteristics and the prices of the Boxes and/or of the Subscriptions, as well as the conditions and delivery times indicated.
The Client receives the confirmation of their Order as well as the relevant information concerning the delivery of the Box(es) (alone or as part of a Subscription) by e-mail. The sale will only be considered final after Lilas Parme has sent the Client’s Order confirmation by e-mail.
- Price and Terms of Payment
The different types and essential characteristics of the Boxes and Subscriptions are described on the Website. The price indicated for each Box or Subscription corresponds to the price in euros, all taxes included (including VAT), shipping costs included. The subscription to a Subscription can lead to the establishment of an estimate by Lilas Parme, in which case the price will be determined by the acceptance of the estimate by the Client.
The Boxes and Subscriptions are invoiced to the Client according to the budget established at the time of the Order and, in any case, based on the rates in force on the Website at the time of the Order confirmation, with a minimum of 300 (three hundred) euros. Payment of the full price shall be made at the time of the Order confirmation and without additional charges: (i) by credit card, via a secure connection; (ii) by PayPal; (iii) by bank transfer. An invoice is issued by Lilas Parme upon delivery of the ordered Boxes.
Lilas Parme cannot be held responsible for any fraudulent use of the payment method used by the Client. The Client guarantees Lilas Parme that they are fully authorized to use the selected payment method and that it legally gives access to sufficient funds to cover all the costs resulting from their Order.
The payments made by the Client will be considered final and, if necessary, the shipping of the Order will be carried out only upon effective payment to Lilas Parme.
Furthermore, Lilas Parme reserves the right, in the event of non-compliance with the above conditions of payment, to suspend or cancel the delivery of any current Order placed by the Client, whatever their nature and their level of execution.
- Shipping and Delivery Times of the Boxes
The Boxes are delivered worldwide. The delivery costs applied to any Order are included in the price, except for Orders requiring a special shipping format and/or a suitable carrier, or in the event of delivery by express courier, if this has been agreed upon with the Client at the time that the Order was placed.
The Client acknowledges and accepts that the composition of the Boxes may encounter some delays during which surveying and prospecting of the products at hand might occur in the goal of best meeting the Client's requirements as set out in the preliminary questionnaire. For this reason, the expedition times for the Boxes may vary from one (1) to four (4) weeks.
Delivery shall be made according to the Client’s choice, to the address indicated at the time of the Order.
In the case where the delivery would be impossible because of an error in the address indicated by the Client, Lilas Parme will contact the Client as soon as possible to obtain a new delivery address. The possible additional expenses of delivery will be the responsibility of the Client.
Lilas Parme is committed to provide all the material and human efforts to deliver the Boxes ordered by the Client within a maximum of thirty (30) days.
In the case that the deadline of delivery is overdue, for any cause other than a case of force majeure or an act by the Client, the sale could be cancelled at the written request of the Client having the quality of Consumer exclusively, under the conditions set out in articles L. 216-2, L. 216-3 and L. 241-4 of the French Code of consumption (Code de la consommation). The sums paid by the Client will then be restored to them in the fourteen (14) days following the date of denunciation of the contract at the latest, with the exclusion of any compensation or detention.
Moreover, the responsibility of Lilas Parme cannot be committed for reasons related to the overrun of the delivery periods for delays caused by reasons of absolute necessity, i.e. because of the occurrence of an unforeseeable, irresistible, and independent event of its will or if the cause of the delay is imputable to the Client.
It is the Client's responsibility to check the apparent condition of the Boxes upon delivery. In the absence of reservations expressly communicated at the time of delivery, the Boxes are deemed to be in conformity with the Order.
Lilas Parme will repair, replace, or reimburse, as soon as possible and at its own expense, the Box or the elements of the Box delivered for which the defects of conformity or the apparent or hidden defects will have been duly proven by the Client, under the conditions provided for in the present General Terms and Conditions of Sale, subject to the material possibility of repairing or replacing the Box or the element of the Box.
- Return Policy
Client satisfaction is Lilas Parme’s priority. In the exceptional case of an article that would be inappropriate to the Client or the Box’s recipient, Lilas Parme offers the possibility of returning it, in order to exchange it or to refund it within a maximum of fourteen (14) days from the reception of the Box containing the article.
The Client must return the item which they wish to exchange or refund strictly intact (complete, unused, and unworn, accompanied by the accessories and documents accompanying it if applicable, and in its original packaging).
Notwithstanding the foregoing, the right of return does not apply to goods and services expressly excluded in article L221-28 of the French Code of consumption (Code de la consummation) and, without this list being restrictive, to the following items:
- personalized or custom-made items that have been specifically designed and made for the Client and/or the recipient(s) of the Box,
- goods which, due to their nature, cannot be returned or are likely to deteriorate,
- perishable products (i.e., food, beverages),
- beauty products, perfumes, make-up, and pharmaceutical products,
- day and night lingerie, bathing suits,
- tickets for shows.
Any request for return will have to be addressed to Lilas Parme by e-mail within fourteen (14) days from the reception of the Box. The Box or the element of the Box will be turned over to Lilas Parme at its expenses, within the limit of an amount of thirty (30) euros (forwarding costs and expenses of return included). Upon receipt of the returned Box or element of the Box, Lilas Parme will inform the Client as soon as possible of the decision given to the request for return.
Lilas Parme will proceed, if necessary, to the complete refund of the Box or the element of the Box being returned. It is specified that, for any Box or element of the Box of a value higher than five thousand euros (5 000 €), a discount of ten percent (10 %) will be applied at the time of refunding.
No return request will be accepted for the following items: personalized or custom-made products specifically designed or made at the request of the Client, perishable products, cosmetic and pharmaceutical products, and lingerie and bathing suits.
- Transfer of Risks and of Property
Lilas Parme retains a right of property on the Boxes sold until the complete payment of the price by the Client, whatever the date of delivery of the Boxes, and even in the case of granting delays of payment. It may therefore repossess the Boxes in the event of non-payment. In this case, the paid installments will remain with Lilas Parme as compensation.
The transfer of risks takes place at the moment when the Client takes physical possession of the Boxes, i.e. at the delivery, whatever the mode of delivery.
- Legal guarantees
The Boxes sold on the Website are in conformity with the regulations in force in France and offer characteristics compatible with non-professional uses. In accordance with article L. 217-4 of the French Code of consumption, Lilas Parme is liable towards the Consumer to deliver a good in conformity with the contract (in this case, with the Order) and to answer for the defects of conformity existing at the time of their delivery. It is also responsible for the defects of conformity resulting from the packaging, the instructions of assembly or the installation when this one was designated to Lilas Parme by the contract or was carried out under its responsibility. In accordance with article L. 217-5 of the French Code of consumption (Code de la consummation), to be in conformity with the contract, the Box must in particular be suitable for the use usually expected of a similar good and, if necessary, correspond to the description given by Lilas Parme and present the qualities which a purchaser can legitimately expect taking into account the public declarations made by Lilas Parme in particular in publicity or labelling or present the characteristics defined by mutual agreement by the parts or be suitable for any special use sought by the Consumer, brought to the knowledge of Lilas Parme and accepted by them.
Lilas Parme is also liable towards the Client, who is not a Consumer, of a general obligation of delivery in conformity pursuant to articles 1604 and following of the Civil code.
The Boxes provided by Lilas Parme profit in their own right and without complementary payment, in accordance with the legal provisions (i) of the legal guarantee of conformity, exclusively intended for the Consumers, for the apparently defective Boxes, damaged or not corresponding to those mentioned in the Client’s Order and (ii) the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the Boxes delivered and rendering them unfit for use, under the conditions and according to the modalities mentioned in the box below and defined in the appendix to the present General Terms and Conditions of Sale.
It is reminded that within the framework of the legal guarantee of conformity, the Consumer benefits from a period of two (2) years from the delivery of the Box to act against Lilas Parme; the Consumer can choose between the repair or the replacement of the Box ordered, subject to the conditions of costs provided for in article L. 217-9 of the French Code of consumption (Code de la consummation); the Consumer is exempt from providing proof of the existence of lack of conformity of the Box during twenty-four (24) months following the delivery of the Box.
The legal guarantee of conformity applies independently of the commercial guarantee that may cover the Box. The Client may decide to implement the guarantee against hidden defects in the Box in accordance with article 1641 of the Civil Code; in this case, they may choose either to cancel the sale or to reduce the selling price in accordance with article 1644 of the French Civil code. In order to assert their rights, the Client will have to inform Lilas Parme in writing of the non-conformity of the Box within a maximum period of two (2) years from its delivery or from the existence of the hidden defects within the above-mentioned time limits and return the defective Box in the state in which it was received, accompanied by all the elements (accessories, packaging, notice, etc.) with which it was delivered if necessary.
Lilas Parme will be able to replace or repair the Boxes under guarantee judged not in conformity or defective if the cost of repair or replacement is not disproportionate compared to the proven defect of the Box. In case of impossibility of replacement or repair of the Box, Lilas Parme will be able to propose a reduction of the price of the Box or a refund if necessary. The expenses of return will be refunded on presentation of the receipts within the limit of the invoiced rate indicated in the invoice of the Order.
The reimbursement of the Boxes judged not in conformity or defective will be carried out as soon as possible and at the latest within fourteen (14) days following the observation by Lilas Parme of the defect of conformity or hidden defect. The reimbursement will be made with the same method of payment as the one chosen by the Client to pay for the Order, or if this is not possible, another method of payment indicated by Lilas Parme and not contested by the Client.
No other guarantee than those envisaged by the law is due by Lilas Parme nor stipulated within the framework of the present General Terms and Conditions of Sale.
Lilas Parme reserves the right to modify the Website, the General Terms and Conditions of Sale and/or any Order and/or delivery procedure or any other element of the Website at any time. The conditions applicable to the Client are those in force at the time of their Order.
- Personal Data
- Availability of the Website
Lilas Parme can in no way be held responsible for the unavailability of the Website, whether it is temporary or permanent. Although Lilas Parme implements all the steps in order to ensure the permanent functioning of the Website, it is possible that it may become interrupted at any time. Moreover, Lilas Parme reserves the right, by a voluntary act, to make the Website unavailable in order to carry out any operation of update, improvement, or maintenance.
- Intellectual Property
The Website and each of its components (such as brands, images, texts, videos, etc.) are protected under intellectual property law. Any unauthorized use, reproduction, or representation of the Website and/or its elements, in whole or in part, on any medium whatsoever, particularly for commercial purposes, is prohibited.
The Client declares they are informed that the Gift Boxes are highly personalized according to the questionnaire pre-filled by them. Lilas Parme imposes upon itself an obligation of means and works with the goal that all Boxes containing goods and / or services are as close as possible to the request of the Client according to the information which they communicated to Lilas Parme (thanks to one or several exchanges by e-mail, telephone or SMS or thanks to the completion of one of the questionnaires proposed on the Website).
The Client gives Lilas Parme the freedom to conceive the Box in the way which is best adapted to their expectations without Lilas Parme being able to commit itself contractually.
Consequently, the responsibility of Lilas Parme would not be engaged in the hypothesis where the information provided by Clients, or third parties would be incomplete, out-of-date or erroneous. The responsibility of Lilas Parme could not be engaged if the non-execution or the poor execution of the General Terms and Conditions of Sale is imputable to the Client or to constraints independent of the will of Lilas Parme.
Lilas Parme is responsible only for the only foreseeable and direct damage which are exclusively imputable to them, with the exclusion of indirect damages (are regarded as indirect damages any possible indirect, accidental, or collateral damage which the Client would undergo if necessary). In any hypothesis, the responsibility of Lilas Parme towards the Client, with regard to the General Terms and Conditions of Sale, could not exceed the amount of the sums paid by the Client during the twelve (12) months preceding the occurrence of the generating event of the damage. In general, if the Client does not invoke the responsibility of Lilas Parme under the General Terms and Conditions of Sale within two (2) years from the occurrence of the damage, the Client will be deemed to have renounced to avail themselves of an eventual breach of the General Terms and Conditions of Sale. This limitation of liability shall not apply in the event of the occurrence of damages for which the law prohibits any limitation of liability in accordance with the laws applicable at the time of the occurrence of such damages. The Parties intend that the above limitations of liability shall not override the essential obligation of each Party.
- Applicable Law – Language - Litigation
THESE GENERAL TERMS AND CONDITIONS OF SALE AND THE TRANSACTIONS WHICH RESULT FROM THEM ARE GOVERNED BY FRENCH LAW, except where more favorable laws apply to the Client in their country of residence.
The present General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
Any dispute related to the purchase and sale operations concluded in application of the present General Terms and Conditions of Sale, concerning their validity as well as their interpretation, their execution, their cancellation, their consequences, or their outcome which would not have been able to be solved between Lilas Parme and the Client will be subjected to the competent courts under the conditions of common law.
The Client can have recourse to any alternative mode of settlement of disputes in the event of a dispute. In particular, the Consumer can resort to conventional mediation, notably near the Commission of the mediation of consumption or near the existing authorities of sectorial mediation, whose references appear on their Internet website. In accordance with Article L. 612-1 of the French Code of consumption (Code de la consummation), the Consumer may have recourse to a mediation service free of charge.
- Miscellaneous Provisions
The fact that one of the parties does not avail itself of the failure of the other party to fulfil any of the obligations set out in these General Terms and Conditions of Sale shall not be interpreted as a waiver of the obligation in question for the future.
The cancellation of one of the stipulations of the present General Terms and Conditions of Sale is only likely to lead to the cancellation of these as a whole, insofar as the disputed stipulation is considered, in the minds of the parties, as substantial and determining, and that its cancellation calls into question the general balance of the present General Terms and Conditions of Sale. In case of cancellation of one of the stipulations of the General Terms and Conditions of Sale, considered not substantial, the parties will endeavour to negotiate an economically equivalent clause.
The Client recognizes the validity and the probative force of the electronic exchanges and recordings preserved by Lilas Parme and admits that these elements receive the same probative force as a document signed by hand under the terms of articles 1174, 1176 and 1366 of the French Civil code.