Terms and conditions of sale

 

Legal information

The www.lilithparis.com website (hereinafter the "Site") is open to all Internet users.
It is published by LILITH (hereinafter "LILITH"), a simplified joint stock company with capital of 12,000 euros, whose registered office is located at 10 rue de Penthièvre, 75 008 Paris and which is registered with the Paris Trade and Companies Register under number 879 605 871, VAT number FR40879605871.
It is hosted by INFOMANIAK NETWORK S.A. 26 avenue de la Praille - 1227 Carouge Geneva SWITZERLAND
The Site enables LILITH to offer clothing products for sale (the "Products") to Internet users browsing the Site (hereinafter the "Customer").
Our site operates a pre-order system. By placing a pre-order, the customer acknowledges that if the pre-order target mentioned on each pre-ordered product sheet has not been reached by the end of the pre-order deadline, the customer will be refunded the full amount of the purchase, and production of the pre-ordered item will not be launched.
As production is limited, the customer will only be able to exchange a size if the product is back in stock. If the customer wishes to be reimbursed for a pre-ordered item, he/she should make a request via the contact form. The reimbursement procedure will be initiated immediately upon receipt of the returned item.
Any pre-order (hereinafter the "Pre-orders") of Products appearing on the Site implies prior consultation of these general terms and conditions (the "GTC") and their unreserved and irrevocable acceptance. Consequently, the Customer acknowledges that he/she has been fully informed of the fact that his/her agreement to the content of these G.T.C. does not require the handwritten signature of this document, insofar as the Customer wishes to order online the Products presented in the Site's shop. The Customer declares that he/she has the capacity to enter into this contract, i.e. that he/she is of legal age, eighteen (18), and is not under guardianship. The parties agree that their relations will be governed exclusively by these G.S.C.
LILITH reserves the right to adapt or modify these T.G.V. at any time. It is agreed that in the event of a modification, the version of the T.G.V. applicable to any Order or Pre-order is the one appearing online on the Site on the day the Order is placed.

 

Products

In accordance with Article L. 111-1 of the French Consumer Code, LILITH presents the Products for sale and their characteristics on the Site. The Customer has the possibility of knowing, before the final order, the essential characteristics of the Products which it wishes to buy.
The offers in pre-order presented by the company LILITH are valid only within the limit of the available time and the quantity proposed to the pre-order.
The offers in stock presented by the company LILITH for exchange of size are valid only within the limit of stocks available.
The photos representing the Products are for information purposes only. These photos, like the texts illustrating the Products, are not contractually binding.

 

Prices

The prices appearing on the Site are indicated in euros including VAT and are valid only at the date of the validation of the Order by the Customer. LILITH reserves the right to modify them, without prior notice, at any time, it being understood that the Products will be invoiced on the basis of the prices in force at the time the Pre-order is registered.
Prices do not include delivery charges, which are invoiced in addition and indicated before the Pre-order is validated. The prices take into account the VAT applicable on the date of the Pre-order and any change in the applicable VAT rate will automatically be reflected in the price of the Products appearing on the Site. Payment of the full price must be made at the time of the Pre-order. At no time may the sums paid be considered as deposits or advance payments. These prices are guaranteed subject to typographical or printing errors.
The price of Products shipped outside the European Union and French overseas departments and territories will be calculated exclusive of tax. In this case, the Customer is considered to be the importer of the Products. In the event that customs duties, import taxes or any other taxes are payable due to the geographical destination of the Products, these costs shall be borne by the Customer, who is advised to carry out the necessary checks and procedures prior to validating his/her Order.

 

Payment

Products are payable in euros on the date of the actual Order. To pay for their Order, Customers have a single means of payment. This is: credit card.
For payment by credit card, the Customer communicates the number of his/her bank card, together with its expiry date and the digits of the cryptogram appearing on the back of his/her bank card. In order to ensure the security of payments made online, the Customer accesses a dedicated area provided by MONETICO, which ensures the security and recording of the payment order and the security of the payment itself. In this respect, the Customer expressly acknowledges that the communication of his/her bank card number to Société LILITH via the company MONETICO constitutes authorisation to debit his/her account up to the amount of the Products ordered.
Cards accepted are : CB, VISA, MASTERCARD, AMERICAN EXPRESS.
LILITH reserves the right to suspend or cancel any Pre-order and any delivery in the event of refusal to authorise payment by bank card by officially accredited organisations or in the event of non-payment. In particular, LILITH reserves the right to refuse to make a delivery or to honour a Pre-order from a Customer who has not fully or partially settled a previous Pre-order or with whom a payment dispute is in progress.
The delivered goods remain the property of the company LILITH until the reception of the payment. The transfer of the risks to the Customer takes place as of the delivery of the Products.
The computerised registers, kept in the computer systems of LILITH under reasonable security conditions, will be considered as proof of the communications, Orders and payments that have taken place between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.

 

Pre-order

Any Pre-Order will be confirmed when the Customer clicks on the "Place my order" button.
Confirmation of the Pre-Order implies acceptance by the Customer of the G.S.A. and the essential characteristics of the Products.
As soon as the Pre-Order has been registered, LILITH will send the Customer a confirmation e-mail summarising the Pre-Order (product, price, product availability, quantity, etc.). For this purpose, the Customer formally accepts the use of electronic mail for the confirmation by LILITH of the content of his order. Invoices are issued on request via the contact form, to the invoicing address and not to the delivery address.
In the case of a Pre-Order, the sums paid in advance by the Customer do not constitute a deposit, within the meaning of article 1590 of the French Civil Code.
If the minimum objective of a Pre-order campaign is not reached, LILITH will contact the Customer at the end of the campaign to announce its decision to refund or produce.
In this case, LILITH will reimburse the Customer within fifteen (15) days of the cancellation of the Pre-Order.

 

Delivery

Place of delivery Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the Customer's home address or that of any other natural person of the Customer's choice, if this is clearly specified at the time of the Pre-order.
Delivery cannot be made to hotels or post boxes.
When registering the personal details of the Customer, the latter must ensure the accuracy and completeness of the compulsory data he provides. In the event of an error in the recipient's details, LILITH cannot be held responsible for the impossibility of delivering the Product(s).

 

Delivery times Delivery times are indicated at the time of pre-ordering. These are indicative times, expressed in working days, and correspond to average processing and delivery times.
The Customer acknowledges that, in the case of a Pre-order, the delivery time will be extended. The estimated delivery time is shown on the product sheet at the time of purchase and in the order confirmation email.
The delivery time depends on the time required and the production volume of all the pre-ordered products.
LILITH could not be held responsible for the consequences due to a delay of routing not being of its fault or being due to an act of absolute necessity.

 

Receipt of the Products Delivery is deemed to have taken place as soon as the Products have been handed over to the Customer by the carrier, as evidenced by the control system used by the carrier.
At the reception of the Products, the Customer is held to check the state of the packing of the goods and to announce the damage due to the conveyor on the delivery order, as well as to LILITH, within three (3) days by sending a message on the form of contact on our site.
The delivery costs are to be paid by the customer in France and in the world. The return costs will be paid by LILITH* in case of retraction or size exchange, except when the delivery address is not located in France. We take care of the return costs if necessary in France but they are the responsibility of our international Customers.

*Exchanges and returns during Lilith Days are at the customer's expense.

 

Legal guarantee

LILITH is liable for defects in conformity existing at the time of delivery of the Product under the conditions of Articles L. 217-4 et seq. of the French Consumer Code.
When acting under the legal warranty of conformity, the Customer :- has a period of two (2) years from delivery of the Product to take action.- may choose between repairing or replacing the Product; in accordance with Article L. 211-19 of the Consumer Code, LILITH may not, however, proceed according to the Customer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the good or the importance of the defect. In this case, it is obliged to proceed, unless this is impossible, according to the method not chosen by the Customer.- is exempt from proving the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods.
This legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The Customer may decide to invoke the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code, which render it unfit for the use for which it was intended, or which diminish this use to such an extent that the purchaser would not have acquired it, or would only have paid a lower price for it, had he or she been aware of them. In this case, the buyer may choose between rescinding the sale or reducing the purchase price in accordance with article 1644 of the French Civil Code.
Any action arising from redhibitory defects must be brought by the Customer within two (2) years of the discovery of the defect.

 

Right of withdrawal

Pursuant to Articles L.221-18 et seq. of the French Consumer Code, Customers have a period of fourteen (14) clear days from the date of delivery of the Order in which to exercise their right to withdraw from the Order.
This period runs from receipt of the Products by the Customer.
The Customer must enclose a copy of the invoice or any other element enabling the Order in question and its owner to be identified with the withdrawal request.
Only the Customer identified as such to LILITH may exercise this right, to the exclusion of any other person, and in particular the person receiving the delivery (for example in the case of a gift).

 

Returns and refunds

Any exchange or return must be declared by the Customer to LILITH within fourteen (14) days, by contacting customer service via the contact form. The retraction form or the return form must be printed on the LILITH site by the Customer.  
The Products must be returned by the Customer no later than fourteen (14) days following communication of his/her decision to withdraw.
The Product must be returned by the Customer in its original packaging or any equivalent packaging, in perfect condition, undamaged, and not worn or washed, so that it can be exchanged with another customer.
If the parcel is lost or damaged when the product is returned, the cost of the damage shall be borne by the Customer.
The Products which would not be turned over in the times and conditions above mentioned will be neither refunded, nor exchanged by LILITH.

The return address is :

LILITH / Caroline Petit 5 allée des libellules 64600 Anglet
FRANCE

 
In accordance with Article L. 221-24 of the French Commercial Code, LILITH undertakes to reimburse the sums received for the Pre-order within fourteen (14) days. This period runs from the first of the following two dates: (i) receipt by LILITH of the returned Products or (ii) receipt by LILITH of proof of shipment of the Products by the Customer.
The refund will be made by crediting the Customer's bank account corresponding to the bank card used to pay for the Pre-Order. If you have changed your bank account, please remember to give your new bank details to your previous bank.

 

Applicable law

The present general conditions are subjected to the French law. In the event of a dispute or claim, the Customer should first contact LILITH to obtain an amicable solution.
The Customer is hereby informed that any consumer may have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute with a professional. Consumer mediation applies to any national or cross-border dispute between a consumer and a professional in connection with the performance of a contract of sale or provision of services.
The request cannot be accepted by the Consumer Ombudsman if :

- The Customer does not justify to have tried, beforehand, to solve his dispute directly with the company LILITH by a written complaint according to the methods envisaged; - The request is obviously unfounded or abusive; - The dispute was previously examined or is in the course of examination by another mediator or by a court; - The consumer introduced his request to the mediator within a time higher than one year as from his written complaint with the company LILITH; - The dispute does not fall within its field of competence.

The consumer shall be informed by the mediator, within three (3) weeks of receipt of his file, of the rejection of his request for mediation. 
In the absence of mediation, the courts within the jurisdiction of the company's registered office shall have jurisdiction.

 

Information technology and civil liberties

In order to provide the services offered on the Site, LILITH may have to process personal data concerning you, in particular those collected when you register on the site or place your order.
Information and data concerning the Customer are strictly necessary for the management of orders, the execution and monitoring of commercial relations, and for internal statistical purposes. This data may be passed on to companies involved in these relations (such as those responsible for the execution of services and orders) for their management, execution, processing and payment. This data is also kept for the purposes of security, identification, improvement and personalisation of services.
Customers have the right to access, rectify and object to their personal data at any time, in accordance with the conditions set out in the law of 6 January 1978. To do this, they simply need to send a message via the contact form and the necessary steps will be taken immediately. 
We invite you to consult our Privacy Policy for more information on the use of your personal data by LILITH.

 

Data protection policy

The Company LILITH (hereinafter "LILITH"), as defined in the Legal Notices, is the data controller within the meaning of the RGPD, for the collection and processing of personal data carried out on this site accessible at the URL address https://lilithparis.com hereinafter the Site.
In this respect, LILITH undertakes to respect your personal data, which are collected and processed when you use the Site. In this respect, LILITH complies with European and French legislation on the protection of personal data, principally EU Regulation n°2016/679 known as "RGPD" and Law n°78-17 known as "Informatique et Libertés".

 

Purposes of processing 

Your personal data may be processed via the Site for the following purposes:

- The form present on the Site allows you to buy the products proposed directly on the Site, to be delivered to the address indicated by your care, and to create a customer account if you wish it. Subject to your prior consent, you are hereby informed that LILITH may send you promotional and advertising offers in connection with the Site. If you prefer not to receive such promotional offers, and not to participate in our advertising personalisation programmes, you can indicate this when you register, or at any time, by filling in the contact form. To unsubscribe from offers received by email, you can click directly on the unsubscribe link included in each email.
- The Site includes a login area to enable you to access your account, make new purchases and track orders you have already placed. The browsing data of visitors to the Site is collected through connection data (logs) generated by the Site's web server. This data is kept for the purposes of security and personalisation of services and to enable you to access your account, for a period strictly necessary for these purposes, which may not exceed six months for security purposes. This data is intended for use by LILITH and/or the service providers it uses to manage the Site and ensure its security.

- The Site uses cookies, where appropriate with your consent. The data collected by means of these cookies, the purposes for which they are collected, the recipients of the data and the retention periods, as well as a reminder of your rights, are detailed in our Site Cookies Policy. You can modify your cookie preferences by clicking here.

 

The data you enter is required to manage orders, to carry out and monitor commercial relations and for internal statistical purposes. These personal data processed via the Site remain on the territory of the European Union. The data collected on the Site is exclusively intended for use by LILITH and/or any subcontractors that may be called upon to manage the Site and the orders (COLISSIMO delivery agents, MONETICO for payment management, INFOMANIAK for newsletter management, etc.).

 

Shelf life

The data of visitors to the Site, clients or prospects of LILITH are kept for the time necessary to manage the commercial relationship and to process their request(s). Customer data used for commercial prospecting purposes may be kept for a period of three years from the end of the commercial relationship. The data of visitors to the Site, prospective customers who are not clients of LILITH, are kept for the time necessary to manage the commercial relationship, and for a period of three years from the date of their collection or the last contact from the prospective customer, unless a longer period is agreed.
All data used to establish proof of a right or contract, or kept to comply with a legal and/or regulatory obligation, may be subject to an archiving policy and kept for these purposes in accordance with the legal and/or regulatory provisions in force.

 

Your rights

In accordance with law no. 78-17 of 6 January 1978 and the RGPD, you have the right to access, rectify or delete your personal data and, where applicable, the right to portability of your data. You may request that the processing of your data be restricted or objected to, or, where appropriate, withdraw your consent. You may also define directives concerning the fate of your data after your death, in application of article 32 6° of the amended Law n°78-17 of 6 January 1978.
To exercise these rights, you can contact LILITH by completing the contact form or at the address of LILITH's head office as mentioned in the Legal Notice.
In accordance with the law, you have the legal right to lodge any complaint with a supervisory authority, the CNIL.