General Conditions of Sale
Those general conditions apply between the company Lillycat S.A.R.L., established at 56 rue Achille Viadieu, 31400 Toulouse, France,
Hereafter named "The Company",
Every physical person purchasing a product on the Website www.lillycat-dolls.com,
Hereafter named "the Purchaser".
Those conditions define the home shopping terms between the Company and the Purchaser, from ordering to payment and delivery.
They settle every stage necessary to place an order and assure it's follow-up between the contracting parties.
Placing an order on the Website www.lillycat-dolls.com, published by Lillycat S.A.R.L., implies a full and unreserved acceptance of those conditions.
The Purchaser declares to be aged of 18 years or more and to have the legal capacity to place an order on the Website.
Article 1: Product conformity
The products available for sale are the ones displayed on the Website the day the Purchaser refers to it.
The products are available for sale while stocks last. In case of a mistake about the availabilty of an ordered product, the Company informs the Purchaser by email in the shortest possible time. The Purchaser is then free to request a replacing product equal in terms of quality and price, or to cancel his order.
The products put on sale are described and presented in the most accurate way possible. In case of mistakes or oversights in this presentation, the Company's responsibility could not be involved. The texts and photographs illustrating the products are indicative and have no contractual value.
The Purchaser specifically notes the inevitable displaying differences existing between various computer screens, and the slight color variations following from it between the product and its displayed photographs.
Article 2: Prices
The prices are displayed on the Website all tax inclusive, without shipping fees.
Shipping fees vary according to the delivery zone indicated by the Purchaser during order and validated by the Company at confirmation.
In case of a VAT rate change, products prices may change as well without prior notice.
Article 3: Payment (and securisation of payment)
The order's payment is made through Paypal's payment website (credit card or Paypal account).
The Company uses Paypal's online payment and securisation services, and has no access to the confidential data relative to payment, which are directly managed by the securisation services.
From a given amount of purchase, a « Payment in several instalments » option is offered during order. This option allows the Purchaser to reserve his product by paying it in several dates.
For a two-times payment, the Purchaser must pay 50 percents of the total price with order, and balance within 30 days.
For a three-times payment, the Purchaser must pay 33 percents of the total price with order, 33 more percents within 30 days, and balance within 60 days after the order.
In case of payment failure of the balance within the alloted time, the Company has right to cancel the order and to put the product back on sale.
In such case of balance payment failure, no previous payment will be refunded by the Company to the Purchaser.
In such case of balance payment failure, the Company reserves the right to refuse access to the « Payment in several instalments » option to the Purchaser for any ulterior order.
Whatever payment method is choosen by the Purchaser, the product will be shipped only when the Company receives the total balance of the order.
Article 4: Ordering
By placing an order on the Website, the Purchaser expressly and irrevocably agrees the prices and descriptions of the products available for sale, as well as those general conditions.
After validating the order, the Company sends a confirmation email to the address given by the Purchaser during the order, going with payment informations (Paypal invoice or bank details).
The Purchaser then has 5 days to make the payment. After that date, the order will be cancelled.
Article 5: Delivery
Ordered products are shipped to the delivery address indicated by the Purchaser during the order.
For security reasons imposed by Paypal, this address must be the same as the one given to Paypal during payment.
Every delivery is announced by e-mail.
The maximal delivery time is set to 40 days after the total payment is received by the Company.
In case of products ordered during a pre-order period, the maximal delivery time is set to 40 days after the Company receives the ordered products from it's manufacturer.
Article 6: Availability
In case of unavailability of the ordered product, the Company will inform the Purchaser by sending him an email at the adress given during the order.
The Purchaser can then chose to receive another product equal in terms of quality and price, while stocks last, or to be refunded of the order's price within 30 days after his payment.
Article 7: Retractation right
Stock products: In case of purchasing a product described as "In Stock" at the moment of the order, the Purchaser has a cooling-off period of 7 days, starting form the product receipt, to exercise his retraction right without having to justify any cause or to pay any penalty, except return expenses. The product must be returned in perfect condition and in it's original packaging.
If the cool-off period period expires during a saturday, a sunday or a public holiday, it will be extended to the next working day.
Pre-orders: According to Consumer Code, products that are manufactured on client's demand are excluded from the retractation right. Orders made within the context of a a "pre-order" can't therefore be subject of retractation by the Purchaser. Still, the Purchaser is free to cancel his order within 7 days starting from the end of the pre-order period.
In case of exercise of Purchaser's retraction right, the Company will refund him the total price of the order within the 30 days following the cancellation, except the possible fund transfer fees which remain in charge of the Purchaser.
Article 8: Guarantees and responsibility
The Company answers for any conformity fault existing when product is delivered. The Company also answers for conformity faults that should result form the packaging.
In the case when a nonconforming product or a product with a latent defect is deliverded, the Company commits itself either to refund the Purchaser the price of the product or exchange it for a product equal in terms of quality and price, while stocks last.
The action resulting of the conformity fault is prescripted from one year after the products delivery.
Those measures are not exclusive of the retraction right as defined in article 7.
Are excluded from this guarantee the products which are modified, repaired, integrated or added by the Purchaser or any other person which isn't authorized by the product's provider.
The guarantee will not apply to visible vices.
The guarantee will not apply to products damaged during transportation or resulting from misuse.
The Company reminds the Purchaser that the products sold on the Website www.lillycat-dolls.com, which are decoration and collection items, are not to be considered as toys and are not destined to be used by children or minors. The Company's responsibility will not be engaged in case of misuse of the product by a minor.
The Company's responsibility will not be engaged in case of breach of its contractual obligations caused by a fortuitous case or a case of force majeure, as defined in legal precedents.
Article 9: Personal data
The Company commits itself to respect the privacy of all personal data given by the Purchaser on the Website and to manage them in accordance with the data protection act of January 6th, 1978.
In accordance with the data protection act of January 6th, 1978, the Purchaser can exercise his right to access the files, his opposition right and his correction or deletion right on the data concerning him by adressing his request by email to firstname.lastname@example.org or by post to Lillycat S.A.R.L., 56 rue Achille Viadieu, 31400 Toulouse, France.
Article 10: Intellectual Property
All the rights on the visual or textual contents of the Website are reserved, protected by copyright and are the exclusive property of the Company.
The products sold on the Website belong to the Company's intellectual property and are registered at the National Institute of Intellectual Property (INPI).
Any reproduction, exploitation or operating, by any possible mean, in a full or partial way, of any of the Websites contents or any of the products sold on the Website for trade or advertising purpose without an explicit authorisation, is forbidden and would constitute a forgery offense punished by articles L335-2 and following of the Code of intellectual property.
The "Lillycat" logo and name are registered trademark at the National Institute of Intellectual Property with file number 11 3 826 026.
Article 11: Applicable law and appropriate jurisdiction
Those general conditions of sale are enforced and interpreted according to the French law.
In case of dispute, the Purchaser commits himself to contact the Company as a priority in attempt to settle any possible disagreement betweeen the two parties out of court.
For lack of conciliation, only French court will be competent.
Article 12: Modifications of the general conditions of sale
The Company is able to adapt or modify at any time those general conditions of sale. In case of modification, each order will be governed by the general conditions of sale running the day it was placed.
Updated May the 2nd, 2016.