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General terms and conditions of sale
Preamble
The present general terms and conditions of sale herebelow apply to all orders placed with the LILY MOON company. Any order implies full and complete acceptance by the Customer.
These general terms and conditions of sale are accepted by the Customer to the exclusion of any other conditions regardless of any particular clauses added by him - except if expressly accepted by the Vendor –
Acceptance
To click on “I accept the present terms and conditions of sale” constitute an irrevocable acceptance from the Customer and the Customer accepts by this act to having read and understood the present terms and conditions of sale.
Products
All products available on this site are new and genuine.
Photographs and description illustrating the products on the site tempt to describe and present the products with the most scrupulous accuracy. However, these photographs and descriptions are indicative. Minor differences will neither engage the responsibility of LILY MOON nor affect the validity of the sale.
Avaibility of products
LILY MOON is committed to deliver orders received only within the limit of the stocks.
The availability of a product is indicative and does not commit the Vendor. In case of error concerning the availability of a product, the Customer will be electronically informed as quickly as possible and he will have the possibility to cancel his order.
In this particular case, the Customer will be able to:
- ask for the reimbursement of any amount paid. The reimbursement will be done within 30 days as of the date of request of reimbursement,
- ask for another product,
- opt for a credit for the same amount valid for the next order and within the next 12 months.
Only the unavailable product will be no longer part of the order. No indemnity can be claimed in case products are not available, in case products are out of stock or in case there is a delay in delivery due to private, public companies or to transportation.
Order
1.How to place on order:
In case you already are a customer, you will have to identify yourself by indicating your e-mail address and your password.
In case you are a new customer, you will be requested to give some information in order to create your account. This can be done either when you start placing the order or in MY ACCOUNT – click on “CREATE MY SPACE
The Customer will have to select the products and indicate desired size, colour and quantity.
To add a new product to the order, once on the right page, the Customer only needs to click on “ADD TO BASKET”.
To go on with the order, the Customer only needs to click on “CONTINUE MY SHOPPING”.
The Customer can check the order at any time by looking at “My Basket”
To close the order, the Customer will click on “I VALIDATE MY ORDER”
2. Order’s Validation
If you are a new customer, it’s the right time to communicate some information to create you account.
You will have to indicate clearly and precisely the delivery address (building, floor, access code…) and select the delivery mode.
The Customer will select the mode of payment:
-payment by credit card via Paypal
- payment by bank transfer
Validate the order by clicking on “VALIDATE”
The automatic registration systems formalises the order in a firm and final manner.
LILY MOON confirms acceptance of order by sending an e-mail to the Customer. This confirmation validates the order placed. LILY MOON will be entitled to cancel any order under treatment if a problem should occur with the payment of a previous order.
Products will be delivered at the address indicated by the Customer. Information produced by the Customer is binding: Vendor will not be responsible of absence of delivery if there is an error in the address communicated.
Delivery
LILY MOON delivers in France (Metropolitaine) Corsica and Monaco. For any other destination, please contact the Customer Service “CONTACT” in order to check if a delivery is possible (terms and price).
The delivery address given by the Customer must be correct. In case of error, LILY MOON will note be responsible for any delay or other consequences linked to an incomplete or false address.
Any order validated before 11:00 am will be handled the same day (WE and public holidays excluded).
The delivery time is depending of the volume of the order. In case of delay, LILY MOON will inform the Customer by e-mail and communicate a delivery date.
When an order is approved and payment received, LILY MOON commits itself to deliver all references orders by the Customer.
Delivery methods:
- Colissimo Suivi de la Poste (standard) 48 h as of date of dispatch.
- Express Delivery by Chronopost : 24 H as of date of dispatch
- DHL : between 24 H and 48 h (mainly for heavy, bulky or fragile products)
In case the products are returned to LILY MOON, LILY MOON reserves itself the right to reimburse the products to the Customer, cost of delivery excluded.
Deliveries will take place from Monday to Saturday, except during public holidays.
In case one or more products of an order are temporarily unavailable, the customer service will inform the Customer of the delay and will give him the following possibilities:
a) maintain the order and wait the availability of missing product(s) to be delivered once the order is complete.
b) receive the available products immediately and the unavailable products later, delivery cost at customer’charge
c) cancel the unavailable product(s) and be reimbursed.
Eventual delivery delays will not entitle the Customer to claim any damages.
The Customer is requested to check the parcels on receipt: any parcel is delivered with a detailed invoice.
In case of missing products or damaged products, the Customer has two days as of the date of acceptance of the parcel to inform the carrier or the Customer Service (CONTACT).
For deliveries outside France Metropolitaine, the Customer accepts to pay any taxes (importation, custom, VAT) and any other taxes applicable.
Force majeure
The following case of Force Majeure: war, riots, fire, strikes, accidents and impossibilities to be supplied will acquit the Vendor from his obligation to deliver the products.
Products are travelling under the Customer’s own risk.
Right of retraction and exchange
According to the Article L 121-16 of the French Code of Consumption, the Customer has the right to a seven-day period starting the date of delivery to return the undesired Products to LILY MOON, except for customised items. The returned Products will be exchanged, reimbursed without penalties, except for the cost of returning the Products
The Customer Service must always be informed of any return of Products within ten (10) days as of date of reception of the Products. Customer has to enter “MY ACCOUNT”, select “CREATE A RETURN”. Select the concerned Product and explain the reasons of the return.
LILY MOON will check if the reasons of return are acceptable and, if so give a return authorisation number to the Customer.
The returned Products must be intact, in original packaging, not worn, not used, not deteriorated and complete (all eventual accessories), with user manual and literature.
The method to use is Colissimo Suivi Registered or by carrier at the following address:
LILY MOON SAS
So-cute.biz/RETOUR
Le Corbusier 732
280 Bld Michelet
F- 13008 Marseille
France
LILY MOON will not be responsible for any transportation problems for returned products. The Customer will be responsible for the Products until LILY MOON has received the Products back.
Incomplete, damaged, or dirty items will not be accepted by LILY MOON.
In case of abnormal or abusive returns, LILY MOON will have the right to refuse any further orders.
In case the Customer exercises his right of retraction, , he can opt through “MY ACCOUNT” for a credit of the amount due on the next order ,valid 12 months or ask for reimbursement, without any cost, except of the cost of returning of the Products.
Reimbursement will be done within 30 days as of the date of reception of the returned Products on the account of the transaction.
Products “on sale” will not be reimbursed. A credit will at the Customer’s disposal in “MY ACCOUNT” for a further order.
Orders with promotion or special offer will not be reimbursed or credited, except if LILY MOON takes another decision.
Price
Prices are indicated in Euros and are inclusive of any discounts and VAT valid on the day of order.
The price indicated on the products does not include packing and transportation costs which will be invoiced in addition. These costs will be indicated at the time the order is accepted and validated.
The price invoiced to the Customer is the one indicated on the order confirmation sent by LILY MOON; that price is all taxes included, also including VAT for France and EU countries; it includes the price of the product, packing, wrapping, preservation and transportation costs.
LILY MOON has the right to modify the price at any time but when an order is confirmed, the price will be the one specified at the time of confirmation.
Secured payment
For security purposes, LILY MOON will use PayPal, worldwide leader for secured on line payments.
Paypal guaranties a secured transaction by using advanced technology, 24/24hrs supervision of all transactions and the opportunity to buy without giving any financial information.
You may pay without having a Paypal account. This means that you can pay and decide or afterwards to register your information in a Paypal account for eventual future purchase.
The information communicated are protected thank to the SSL protocole (Secure socket Layer).
Once your Paypal account is created, the Customer does not need to communicate personal and financial data to Sellers.
Credit cards such as Carte Bleue, Visa, Eurocard/Mastercard are accepted.
For you own security, confidential data concerning your credit cards do not transit through our server and are therefore neither stored nor communicated.
The Customer can also make a bank transfer. This solution is available on PAYMENT AND CONFIRMATION, where LILY MOON’s bank account is communicated.
Payment
The Customer guaranties that he has all required authorisations to use this method of payment at the time of validation of the order.
LILY MOON will check all orders registered on line in order to protect itself from cheaters and has the right to suspend any order or any delivery if a payment authorisation is refused by official accredited organisations or in case of non-payment.
LILY MOON has the right to repudiate an order or to refuse to deliver a customer who has not paid partially or totally a previous order or with whome a dispute concerning a payment is not solved.
LILY MOON might, for security reasons, and particularly for orders over 300 €, request to the Customer to send by fax or by mail a copy of his identity card and written proof of residence.
If these documents are not submitted, the order might be cancelled.
The order will be confirmed only when LILY MOON has received and checked the documents.
Customer service
Should you have any questions, please contact our Customer Service on the page CONTACT.
Intellectual property
LILY MOON owns this site in its entirety and all rights related to it.
All texts, works, illustrations, images posted on this site are reserved under copyright and intellectual property rights worldwide. For this reason and in according to the provisions of the French Code of Intellectual Property, only a private use will be authorised, subject to different provisions, eventually more restrictive, (…. à traduire)
Partial or total reproduction of the site will be submitted to LILY MOON’s authorisation.
Responsability
All products sold by LILY MOON conform to the French Legislation in force and applicable to norms in France.
LILY MOON will not be responsible in case of non-observance of legislation in the country where products are delivered. It is the Customer’s responsibility to check with local authorities the right to import or use the products sold by LILY MOON.
LILY MOON will not be responsible for any prejudice resulting from a professional business (loss of business, loss of benefits, loss of luck, damages and costs)
The Customer benefits from the legal guaranty of eviction and hidden defects (Art.1625 et seq. of Civil code) under the condition that he proves the hidden defect. The Seller must legally rectify all consequences (Art. 1641 et seq. of Civil Code). If the Customer goes to court, the delay is within two years as of the date of detection of the hidden defect (Art. 1648 Civil Code).
Personal data
In order to sell, deliver products, and invoice, LILLY MOON must collect personal data from any Customer. Lack of data will invalid the order.
The Customer has a right, at any time, to access, modify, correct, delete his own data.
In accordance with the law “data processing and freedom”,the use of Customers’s personal data is now the object of a declaration to the French CNIL (Commission Nationale de l’Informatique et des Libertés).
LILY MOON will not communicate to third parties, with or without compensation, any data a Customer has given on www.so-cute.biz. These data are confidential and will be used only for the treatment of the Customer’s orders, for specific communications about LILY MOON’s products, i.e. advertisement linked with Customer’s interests, hobbies,etc.
Litigation
The present contract is subject to French law.
LILY MOON will not be responsible for any damages of any kind, damage to property, corporal damage, resulting from a bad functioning or misuse of any commercialised product. Same for eventual modifications of products made by the manufacturer.
LILY MOON’s responsibility will be limited to the amount of the invoice and will not be implicated for any remaining errors or omissions despite all controls made during the presentation of the products.
In case of problems with the execution of the present contract, the Customer will have the possibility, before going to court, to look for a mutual agreement with the help of a professional association or a consumer association or any other advice of his choice. The search of a mutual agreement will not suspend the “short delay” of the legal guarantee, or of the contractual guarantee.
Generally and without prejudice of the court judgment, the respect of the terms and conditions of the present contract concerning the contractual guarantee implies that the Customer respects his financial commitments.
Claims will always be regarded with goodwill, considering that good faith is presumed when someone wants to explain a problem.
In case of litigation, the Customer will contact the Seller in the first place to try to find a mutual agreement.
Applicable law & competence
The present contract is subject to French Law. Any dispute relating to the existence, interpretation, execution or breach of the present contract, even in thye event of a plurality of defendants, will be, in the absence of a mutual agreement , the exclusive competence of the Tribunal of Marseille.