PREAMBLE
The online sales site www.lilicabas.com has been set up by the company GAMAGE SARL. The purchase of a product on this site commits the customer to the acceptance of the general conditions of sale. Consequently, the present general conditions of sale do not require the handwritten signature of the customer.
ARTICLE 1: ENTIRETY
The GTCS express the entire obligations of the parties. In this sense, the consumer is deemed to accept without reservation the entire provisions of these general conditions of sale. GAMAGE SARL undertakes for its part to respect its role as reseller within the framework of the said conditions.
ARTICLE 2: OBJECT
The purpose of these GTC is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by the company GAMAGE SARL to its customers.
ARTICLE 3 : ENTRY INTO FORCE – DURATION
These GTC come into force on the date of the order. The present GTC are concluded for the duration necessary to the supply of the goods and services subscribed, until the extinction of the guarantees.
ARTICLE 4 : VALIDATION OF ORDERS AND ELECTRONIC SIGNATURE
In accordance with the law of March 13, 2000 on the electronic signature: Any online order signed by the consumer by “double click” constitutes an irrevocable acceptance which can be questioned only in the cases restrictively envisaged in the present general conditions of sale like “right of retractation” and “out of stock”. The “double click” associated with the authentication and non-repudiation procedure and the protection of the integrity of messages constitutes an electronic signature. This electronic signature has value between the parties as an handwritten signature.
ARTICLE 5 : ORDER CONFIRMATION
The contractual information will be confirmed by e-mail. GAMAGE SARL reserves the right not to confirm an order for any reason whatsoever, in particular due to a product supply problem or a problem concerning the order received. Any order paid by check or money order will not be processed. Availability and shipping times are recalculated from the date of receipt payment. The goods remain the property of GAMAGE SARL until the payment is received.
ARTICLE 6 : PROOF OF THE TRANSACTION
The computerized registers, kept in the computer systems of GAMAGE SARL under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
ARTICLE 7 : PRODUCT INFORMATION
7-a : Gamage SARL presents on its website the products to be sold with the necessary characteristics to comply with Article L 111-1 of the Consumer Code.
7-b : The offers presented by Gamage SARL are only valid while stocks last.
7-c : Gamage SARL shall not be held responsible for the non-execution of the contract in case of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike of the postal services and means of transport andé– and-or éand means communications, flood, fire…
7-d : Gamage SARL guarantees the Buyer, with regard to hidden defects that may affect the products delivered, the replacement of the defective products, or parts making them unfit for use, or their reimbursement without being able to be considered by the Buyer as responsible for any other harmful consequences that these hidden defects could have caused.
7-e : Prices include VAT.
ARTICLE 8 ; PRICES
The prices are indicated in Euros and are applicable only at the date of the sending of validation of the order by the consumer. They do not take into account the delivery costs, invoiced in supplement, and indicated before the final validation of the order. The totality of the payment must be realized at the time of the order, except specific offer indicated on the site. At no time, the sums paid can be considered as deposits or down payments. For a delivery within the European Union, the prices take into account the V.A.T. applicable at the day of the order and any change of the legal rate of V.A.T. will be automatically reflected on the price of the products presented on the site, ate the date stipulated by the decree of application. The customer is solely responsible for verifying the possibility of importing the products ordered with regard to the laws of the country of delivery.
Customs duties and other taxes are the responsibility of the customer outside the European Union. Customs fees and other taxes must be paid by the Customer directly to the carrier.
ARTICLE 9 : METHOD OF PAYMENT
To pay his order, the consumer has, at his choice, the methods of payment indicated at the time of the order, namely : bank card (Visa, Mastercard), bank transfer. The availability and shipping times are recalculated from the date of receipt of the payment method. The customer guarantees Gamage SARL that he – she has the necessary authorizations to use the payment method chosen by him – her when validating the order form. Gamage SARL reserves the right to suspend any order and any delivery in case of refusal to authorize payment by credit card by the officially accredited bodies or in case of non-payment. Gamage SARL reserves the right to refuse to make a delivery or to honor an order from a consumer who has not paid in full or in part a previous order or with whom a payment dispute is being administered. Gamage SARL retains full ownership of the products sold until full payment of all sums due by the consumer in connection with his order, including fees and taxes. The Products are payable in cas at the time of the effective Order.
The payment of the purchases is carried out either via Paypal, or via the protected platform of our provider of banking payment, in bond with our bank BNP PARIBAS – AXEPTA.
Paypal (Europe) SARL et Cie, is a Luxembourg limited partnership with shares, registered with the Luxembourg R,C.S. under the number B118349, whose registered office is located at 22-24, Boulevard Royal-L-2449 Luxembourg . For any information, the Customer can consult the following website: https: www.paypal.com.
The Customer expressly acknowledges that the communication of his or her credit card number to Gamage constitutes authorization to debit his or her Account for the price of the Products ordered. If necessary, Gamage shall send the Customer notification of the cancellation of an Order due to non-payment of the Product(s) to the email address provided by the Customer when registering on the Site.
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ARTICLE 11 : DELIVERY TERMS
The geographical area of delivery corresponds to the geographical area of coverage of the offer. The products are delivered to the address indicated by the consumer on the order form. The delivery is considered to be carried out as of the handing-over of the products to the conveyor. The customer must verify the completeness and compliance of the information provided to Gamage SARL. Gamage SARL cannot be held responsible for any typing errors and the consequences in terms of delay or delivery error. In this content, oil costs incurred for the reshipment of the order will be fully charged to the customer. Gamage SARL can not be held responsible for delays in delivery due to errors or disruptions attributable to carriers (total or partial strike including postal services and transport and – or communications). The consumer is responsible for checking the condition of the packaging of the goods upon delivery and to report any damage to the carrier and to Gamage SARL within 72 hours after receipt of payment. No orders are shipped on Saturday and Sunday. The standard shipping method is Colissimo with tracking. The Buyer is free to choose the mode of transport which is convenient for him. Whatever the shipping method chosen, Gamage SARL will provide as soon as possible a link that will allow the Buyer to track the delivery of his package online. Shipping fees include packaging, handling and postage. They can contain a fixed part an a variable part according to the price or weight of the order.
ARTICLE 12 : DELIVERY PROBLEMS DUE TO THE CARRIER
Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged parcel, broken products…) will have to be imperatively indicated on the under the form of “handwritten reserves”, accompanied by the signature of the customer. In the case of a shipment made by La Poste, if the package arrives open or damaged (especially with the presence of the yellow tape “La Poste” ) it is essential that the customer has the letter carrier or the post office establish a “spoliation report” (Report 170) so that Gamage SARL can open an investigation and a compensation procedure. The customer must confirm this anomaly by sending a registered letter with acknowledgement of receipt to the carrier within two (2) working days following the date of delivery. The consumer must simultaneously send a copy of this letter (with the original of the “spoliation report” if applicable ) by mail to : Gamage SARL, 23 rue des Petites écuries 75010 Paris, France. Any claim received after the deadline will be rejected.
ARTICLE 13 : DELIVERY ERRORS – NON-CONFORMING PRODUCTS
- 13-a : The consumer must submit to Gamage SARL on the day of delivery or at the latest on the second working day following delivery, any claim or error in delivery and – or non-conformity of the products in kind or in quality compared to the indicationson the order. Any claim formulated beyond this deadline will be rejected without possibility of appeal.
- 13-b : the formulation of this complaint with the company Gamage SARL could be made with the team of Lili Cabas, except holidays.
13-c : Any complaint not carried in the rules defined above and within the time limits could not be taken into account and will release the company Gamage SARL from any responsibility towards the consumer.
13-d : Any product to be exchanged or refunded must be returned within 14 calendar days following receipt of the return agreement to Gamage SARL in the entirety and in its original packaging in perfect condition to the following address Gamage SARL 24 rue des Petites écuries 75010 Paris France. To be accepted, any return must be reported to Gamage SARL. Gamage SARL will send a “return transport” voucher after the customer’s request and will thus assume the cost of the return. The choice of the carrier is at the convenience of Gamage SARL.
13-e : A RETROUVER…
ARTICLE 14 : RIGHT OF WITHDRAWAL
The customer has, within 14 working days from the delivery of his order, a right of withdrawal at his expense, of the products which do not suit him in accordance with the article L221-18 of the Code of consumption, In all cases, the return is at the consumer’s risk. Gamage SARL recommends the consumer to return the products by Colissimo with a recommendation or an additional insurance guaranteeing, if necessary, the compensation of the products up to their real market value in case of spoliation or loss of the goods. The returned product must be in its original condition and packaging. It must not have been used, nor have suffered any deterioration, however slight, and be in a state of perfect cleanliness. This right of withdrawal is exercised without penalty, with the exception of the return costs which remain the responsibility of the customer. Within a maximum of 30 days from the receipt of the returned product, the customer will be reimbursed for the amount paid. The method of reimbursement will depend on the method of payment used to purchase the product.
ARTICLE 15 : RETENTION OF TITLE
The transfer of ownership of the products sold by Gamage SARL is suspended until full payment of the price. If the customer fails to pay a fraction of the price on one of the agreed due dates, the sale shall be terminated by operation of law if Gamage SARL so wishes. Gamage SARL reserves the right to take back unpaid products or to have them taken back by any agent appointed for this purpose after sending the customer a registered letter with acknowledgement of receipt, without prejudice to any other means of redress. Notwithstanding any clause to the contrary, the present retention of title clause is enforceable against the customer and other creditors in accordance with the provisions of article L621-122 paragraph 2 of the French Commercial Code.
ARTICLE 16 : FORCE MAJEURE
Neither party shall have failed to perform its contractual obligations to the extent that their performance is delayed, hindered or prevented by an act of God or force majeure. The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware of such circumstances. The two parties will then meet, within a period of one month, unless prevented by force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party. Expressly, are considered as force majeure or fortuitous events in addition to those usually retained by the jurisprudence of the French courts and tribunals : the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
ARTICLE 17 : PARTIAL NON-VALIDATION
If one or more stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.
ARTICLE 18 : NON-WAIVER
The fact that one of the parties does not avail itself of a breach by the other party of one of the obligations referred to in these terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
ARTICLE 19 : TITLE
In case of difficulty of interpretation between one of the titles appearing of the head of the clauses, and one of the clauses, the titles will be declared non-existent
ARTICLE 20 : APPLICABLE LAW
The present general conditions are subjected to the French law. In case of dispute or claim, the consumer will first contact the company Gamage SARL to obtain an amicable solution.
ARTICLE 21 : PERSONAL DATA
In accordance with the applicable regulations and in particular with the Data Protection Act of January 6, 1978 and the RGPD, European Regulation on Data Protection of April 27, 2016, you have the right to access rectify, modify and delete your personal data. Customers can exercise their rights by sending a letter to the following address Gamage SARL, 24 Rue des Petites écuries, 75010 Paris, France or an email to: [email protected]
For all information and questions, we are at your disposal;
– By Tel : 09 54 40 00 16 (price of a local call) from Monday to Friday from 11h30 to 18h30, except public holidays.
– By mail : [email protected] and [email protected]
The personal data communicated by the customers of Lili Cabas ar used for the following purposes:
- The management of their orders
- The sending of commercial communications.
These personal data are kept by the company Gamage SARL for the duration necessary for the above-mentioned purposes.