Terms and conditions of the website Liliana Illustrations

Last updated on October 03, 2023

Preamble

These general terms and conditions of sale apply to all sales concluded on the Liliana Illustrations website, which markets the following products: Art Prints, stationery, original works, clay items, and pins. The customer declares to have read and accepted the general terms and conditions of sale prior to placing their order. The validation of the order thus implies acceptance of the general terms and conditions of sale.

Article 1 – Principles

These general terms and conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation. These general terms and conditions of sale apply to the exclusion of all other conditions, including those applicable for sales in stores or through other distribution and marketing channels. They are accessible on the Liliana Illustrations website and will prevail, if necessary, over any other version or any other contradictory document.

The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general terms and conditions occasionally. They will be applicable as soon as they are posted online. If a condition of sale is lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.

Article 2 – Content

These general terms and conditions are intended to define the rights and obligations of the parties in the context of online sales of goods offered by the seller to the buyer, from the Liliana Illustrations website. These purchases concern all the products sold on the site.

Article 3 - Prior communication of the general terms and conditions of sale

Before the buyer finalizes their order and concludes the sales contract, the seller must ensure that the general terms and conditions of sale are available for reading on the website. These general terms and conditions of sale must be presented in a readable and understandable manner so that the buyer can read them.

Mandatory information: The seller must also provide the buyer with all the information required by Article L. 221-5 of the Consumer Code.

This information includes:

  • The essential characteristics of the good: A detailed description of the product or service, including its main features.
  • The price of the good.
  • The total amount the buyer will have to pay, including all taxes and any additional charges.
  • Additional fees: Any additional fees related to delivery, transportation, or postage, as well as any other potential charges.
  • Delivery time: If the good is not delivered immediately, the seller must indicate the date or time frame within which they commit to delivering the good, regardless of its value.
  • Seller's contact details: Information regarding the seller's identity, including their name, postal address, and email address.

Article 4 – The order

The buyer can place their order online for any product, subject to stock availability. The buyer will be informed of any unavailability of the product or item ordered. They must also choose the address and delivery method, and finally validate the payment method.

The sale will be considered final:

  • After the seller sends confirmation of the order's acceptance to the buyer by email.
  • And after the seller receives the full price.

Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, including non-payment, incorrect address, or other issues on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

For any questions regarding order tracking, the buyer can send an email to the seller at the following address: hello@liliana-illustrations.com

Article 5 – Electronic signature

The online provision of the buyer's credit card number and the final validation of the order will be proof of the buyer's agreement:

  • Payment of the amounts due under the purchase order.
  • Signature and express acceptance of all operations carried out.

Article 6 – Order confirmation

The seller provides the buyer with an order confirmation by email.

Article 7 – Proof of transaction

The computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered proof of the communications, orders, and payments made between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

Article 8 – Product information

The products governed by these general terms and conditions are those that appear on the seller's website and are offered within the limits of available stocks. The products are described and presented as accurately as possible. However, if errors or omissions may have occurred regarding this presentation, the seller's liability cannot be engaged. The photographs of the products are not contractual.

Article 9 – Prices

The seller reserves the right to modify their prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date. The prices are indicated in euros. They do not include delivery costs, which are invoiced in addition and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order, and any change in the applicable VAT rate will automatically be reflected in the price of the products on the online store. If one or more taxes or contributions, including environmental ones, are created or modified, up or down, this change may be reflected in the sale price of the products.

Article 10 – Payment methods

This is an order with an obligation to pay, which means that the placing of the order involves payment by the buyer. To pay for their order, the buyer has, at their choice, all the payment methods made available by the seller and listed on the seller's site. The buyer guarantees the seller that they have the necessary authorizations to use the payment method chosen by them when validating the purchase order. The seller reserves the right to suspend any order management and any delivery in case of refusal of payment authorization by credit card from officially accredited bodies or in case of non-payment. The seller also reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is in progress. Payment of the price is made in full on the day of the order, according to the following terms:

  • Paypal (via Stripe)
  • Credit card (via Stripe)
  • Klarna (via Stripe)

Article 11 – Product availability – Reimbursement – Returns

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. The shipping times run from the date of registration of the order indicated on the order confirmation email. For deliveries in France, the time is 3-10 days from the day following the buyer's order, according to the following methods:

At the latest, the deadline will be 30 working days after the conclusion of the contract.

In the event of non-compliance with the agreed delivery date or time, the buyer must, before breaking the contract, instruct the seller to execute it within an additional reasonable time.

If the execution has not occurred after this new period, the buyer may freely break the contract.

The buyer must complete these successive formalities by registered letter with acknowledgment of receipt.

The contract will be considered resolved upon receipt by the seller of the letter or writing informing them of this resolution unless the seller has executed in the meantime. The buyer may, however, immediately terminate the contract if the dates or deadlines seen above constitute an essential condition of the contract for them. In this case, when the contract is canceled, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days from the date on which the contract was canceled.

In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel their order. The buyer will then have the choice to request either the reimbursement of the sums paid within 14 days at the latest of their payment, or the exchange of the product.

For international deliveries, the delivery time is approximately 3 weeks from the day following the buyer's order, according to the same methods as for deliveries in France.

At the latest, the deadline will be 45 working days after the conclusion of the contract for international deliveries.

Article 12 – Delivery terms

Delivery means the transfer to the consumer of physical possession. The products ordered are delivered according to the methods and time specified above.

The products are delivered to the address indicated by the buyer on the order form; the buyer must ensure its accuracy. Any parcel returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense.

In case of non-payment of reshipment fees by the buyer, the seller will refund the buyer within 14 working days, excluding delivery costs.

The buyer can, upon request, receive an invoice sent to the billing address and not to the delivery address.

Article 13 - Damaged parcel

In case of delivery of a parcel that is visibly damaged, it is the Client's responsibility to refuse it to benefit from the carrier's warranty. The Seller is not responsible for delivery by the carrier. Any dispute between the carrier and the client is not the responsibility of the Seller.

Article 14 – Force majeure

All circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered causes for exemption from the obligations of the parties and lead to their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.

Will be considered as force majeure any facts or circumstances irresistible, external to the parties, unforeseeable, inevitable, beyond the control of the parties, and which cannot be prevented by them, despite all reasonable efforts. Expressly, are considered as cases of force majeure or fortuitous events, besides those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure lasts more than three months, these general terms and conditions may be terminated by the injured party.

Article 15 – Intellectual property

The content of the website remains the property of the seller, the sole holder of the intellectual property rights on this content.

Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

Article 16 – Partial non-validation

If one or more stipulations of these general terms and conditions are held invalid or declared as such under any law, regulation, or following a final decision of a competent court, the other stipulations will retain their full force and scope.

Article 17 – Non-waiver

The fact for one of the parties not to claim a breach by the other party to any of the obligations referred to in these general terms and conditions cannot be interpreted for the future as a waiver of the obligation in question.

Article 18 – Language of the contract

These general terms and conditions of sale are written in English. In case they are translated into one or more foreign languages, only the English text will prevail in case of dispute.

Article 19 – Mediation and dispute resolution

The buyer may resort to conventional mediation, particularly with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in case of dispute. The names, contact details, and email address of the mediator are available on our website.

Article 22 – Applicable law

These general terms and conditions are subject to the application of French law. The competent court is the judicial court for disputes that may arise regarding the interpretation or execution of these general terms and conditions.

Article 21 – Acceptance of the general terms and conditions by the buyer

The fact for the buyer to check the box "I accept the General Terms and Conditions of Sale" before proceeding to the payment constitutes an irrevocable acceptance, which can only be challenged in the cases provided for in these general terms and conditions under the section "Right of withdrawal." The buyer acknowledges by this act having read and understood these general terms and conditions and accepting them.