General Terms and Conditions of Sale

Legal Notice

The website www.lilithparis.com (hereinafter the “Site”) is open to any user of the Internet network.

It is published by
LILITH (hereafter “LILITH”), a simplified joint stock company with a capital of 2,000 euros, whose registered office is located at 10 rue de Penthièvre, 75 008 Paris and registered with the R.C.S. of Paris under number 879 605 871, intra-community VAT number FR40879605871.

It is hosted by
INFOMANIAK NETWORK S.A.
26 avenue de la Praille – 1227 Carouge
Genève SUISSE

The Site enables LILITH to offer clothing products (the “Products”) for sale to Internet users browsing the Site (hereinafter the “Customer”).

Our Site operates on a pre-order basis. By placing a pre-order, the Customer acknowledges that if the pre-order objective mentioned on each pre-order product sheet is not achieved by the end of the pre-order deadline, the Customer will be reimbursed for the totality of his or her purchase, and the 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 an order placed as a pre-order, he/she must make a request via the contact form, and the reimbursement procedure will be initiated immediately upon receipt of the returned item or items.

Any pre-order (hereinafter the “Pre-Orders”) of Products appearing on the Site presupposes prior consultation of these general terms and conditions (the “C.G.V.”) and their unreserved and irrevocable acceptance. Consequently, the Customer acknowledges being perfectly informed of the fact that his or her agreement concerning the contents of the present C.G.V. does not require the handwritten signature of this document, insofar as the Customer wishes to order on line the Products presented within the framework of the shop of the Site. The Customer declares that he or she has the capacity to conclude this contract, i.e. that he/she is of legal age, eighteen (18) years old, and is not under guardianship. The parties agree that their relations shall be exclusively governed by the present General Terms and Conditions of Sale.

LILITH reserves the right to adapt or modify these G.C.S.T. at any time. It is agreed that in the event of modification, the version of the G.C.T. applicable to any Order or Pre-Order shall be 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 on the Site the Products for sale and their characteristics. The Customer has the possibility to know, before the final order is taken, the essential characteristics of the Products he/she wishes to purchase.

Pre-order offers presented by the company LILITH are valid only within the limit of time stated available and of the quantity offered in the pre-order.

The offers “In stock” presented by the company LILITH for size exchange are valid only within the limit of available stocks.

The photos representing the Products are for information purposes only. These photos, as well as the text illustrating the Products, do not fall within the scope of the contract.

Prices

The prices shown on the Site are indicated in euros including tax and are only valid on the date of validation of the Order by the Customer. The Company LILITH reserves the right to modify them at any time without notice, it being understood that the invoicing of the Products will be based on the prices in force at the time of the registration of the Pre-Order.

The prices do not include delivery costs, which are invoiced in addition and indicated before the validation of the Pre-Order. Prices, consider the VAT applicable on the day of the Pre-Order and any change in the applicable VAT rate will automatically be passed on to the price of the Products shown 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 a deposit or advance payment. 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 Client is considered to be the importer of the Products. In the event that customs duties, import taxes or 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 or her Order.

Payment

The Products are payable in euros on the day of the actual Order. The Customer has only one means of payment to pay for his or her Order. The following: Credit card.

For payment by Credit card, the Customer shall provide his/her credit card number and expiry date, as well as the digits of the cryptogram on the back of his/her credit card. In order to ensure the security of payments made online, the Customer accesses a dedicated space made available by MONETICO, which ensures the security and registration of the payment order and the security of the payment itself. In this respect, the Customer expressly acknowledges that the communication of his/her credit card number to the Company LILITH through the company MONETICO shall be deemed to be an authorisation to debit his or her account, up to the amount of the Products ordered.

The 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 credit card by the officially accredited organisations or in the event of non-payment. In particular, LILITH reserves the right to refuse to make a delivery or to honor a Pre-Order from a Customer who has not fully or partially paid a previous Pre-Order or with whom a payment dispute is pending.

The goods delivered remain the property of LILITH until receipt of payment. The transfer of risk to the Customer takes place upon delivery of the Products.

The computerized register, kept in LILITH’s computer systems under reasonable conditions of security, shall be considered as proof of communication, Orders and payments between the parties. Order forms and invoices shall be archived on a reliable and durable medium which 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 the Customer’s acceptance of the General Terms and Conditions of Sale and the essential characteristics of the Products.

As soon as the Pre-Order has been registered, a confirmation e-mail summarizing the Pre-Order (product, price, product availability, quantity, etc.) will be sent to the Customer by LILITH. To this end, the Customer formally accepts the use of their e-mail for the confirmation of content of its order by LILITH. Invoices are issued upon request via the contact form, which will be sent to the invoice address and not to the delivery address.

In the event 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 inform him/her of its decision to reimburse or to produce.

In this case, LILITH will reimburse the Customer within fifteen (15) days from the cancellation of the Pre-Order.

Delivery

Place of delivery
Delivery shall be made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer or of any other natural person of his/her choice, if this is clearly specified at the time of the Pre-Order.

Delivery may not be made to hotels or post office boxes.

When registering the Customer’s personal details, the Customer must ensure the accuracy and completeness of the mandatory data he/she provides. In the event of an error in the wording of the addressee’s details, LILITH shall not be held liable for the impossibility to deliver the Product(s).

Delivery times
Delivery times are indicated at the time of pre-order. They are indicative times, expressed in working days and corresponding to the average processing and delivery times.

The Customer acknowledges that, in the event of a Pre-Order, the delivery time will be extended. The estimated delivery time appears 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 products pre-ordered.

LILITH shall not be held responsible for the consequences of a delay in delivery which is not due to its own fault or which is due to an act of force majeure.

Reception of Products
Delivery is deemed to have been made as soon as the Products are handed over to the Customer by the carrier, as evidenced by the control system used by the Carrier.

Upon receipt of the Products, the Customer is required to check the condition of the packaging of the goods and to report any damage due to the carrier on the delivery note, as well as to LILITH, within three (3) days by sending a message on the contact form on our site.

Delivery charges are to be paid by the customer in France and worldwide. The return costs will be paid by LILITH in case of cancellation or in case of size exchange, except when the delivery address is not located in France. We will bear the return costs if necessary in France but they are at the expense of our international Customers.

Legal Warranty

LILITH shall be liable for any 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 as a legal guarantee of conformity, the Customer:
– has a period of two (2) years from the delivery of the Product to act.
– may choose between repairing or replacing the Product; in accordance with article L. 211-19 of the French Consumer Code, LILITH may not, however, proceed according to the Customer’s choice if this choice entails a cost which is manifestly disproportionate to the other method, taking into the account the value of the good or the importance of the defect. In such a case, unless it is impossible to do so, LILITH shall proceed according to the method not chosen by the Customer.
– is exempt from providing proof of 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 implement the guarantee against hidden defects of the item sold within the meaning of article 1641 of the Civil Code, which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he/she had known about them. In such a case, he may choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

The action resulting from redhibitory defects must be brought by the Customer within two (2) years from the discovery of the defect.

Right of withdrawal

Pursuant to Articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) clear days from the date of delivery of the Order to exercise his/her right of withdrawal on his/her Order.

This period starts from the date of receipt of the Products by the Customer.

The Customer must enclose a copy of the invoice or any other element enabling the identification of the Order in question and its holder with his/her request for withdrawal.

Only the Customer identified as such to LILITH may exercise this right, to the exclusion of any other person, in particular the person to whom the delivery is addressed (for example in the case of a gift).

Return and Refund Policy

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 withdrawal form or the return slip shall be printed on the LILITH website by the Customer.  

The Products must be returned by the Customer at the latest within fourteen (14) days following the 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, not having been worn or washed, allowing the possibility of exchange for another customer.

If the package is lost or damaged during the product return, the cost of the damage is at the expense of the Customer.

Products which are not returned within the above-mentioned time limits and conditions will not be refunded or exchanged by LILITH.

The return address is:
LILITH
10 rue de Penthièvre
75 008 Paris

In accordance with Article L. 221-24 of the French Commercial Code, LILITH undertakes to reimburse the sum received in respect of the Pre-order within fourteen (14) days. This period starts from the first of the two following dates: (I) the reception by LILITH of the returned Products or (ii) the reception by LILITH of the proof of shipment of the Products by the Customer.

Reimbursement will be made by crediting the Customer’s bank account corresponding to the credit 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 former bank.

Applicable law

These general conditions are subject to French law. In the event of a dispute or claim, the Customer shall first contact LILITH to obtain an amicable solution.

The Customer is informed that any consumer may have support, free of charge, to a consumer mediator for 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 the context of the performance of a contract of sale or provision of services.

The request will not be accepted by the consumer mediator if:

• The Customer does not justify having tried, beforehand, to resolve his dispute directly with the company LILITH by a written complaint in accordance with the procedures provided for;
• The request is manifestly unfounded or abusive;
• The dispute has been previously examined or is being examined by another mediator or by a court;
• The consumer has submitted his/her request to the mediator within a period of more than one year from the date of his written complaint to the company LILITH;
• The dispute does not fall within its field of competence.

The consumer is informed by the mediator, within three (3) weeks from receipt of his/her file, of the rejection of his/her request for mediation.

In the absence of support to mediation, the courts within the jurisdiction of the company’s registered office shall be competent.

Information technology and rights

In order to provide the services offered on the Site, LILITH may have to process personal data concerning you, in particular data collected when you register on the Site, or when you place an order.

The information and data concerning the Customer is strictly necessary for the management of orders, the execution and follow-up of commercial relations, as well as for internal statistical purposes. This data may be transmitted to the 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 in order to pursue the objectives of security, identification, improvement and personalisation of services.

The Customer has the right to access, rectify and oppose personal data concerning him/her at any time, under the conditions provided for by the law of 6 January 1978. To do so, he/she will simply need to send a message via the contact form and the necessary arrangements will be made 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 Notice, 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.

As such, LILITH undertakes to respect your personal data, which is collected and processed when you use the Site. In this respect, LILITH complies with European and French legislation on the protection of personal data, mainly 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 through the Site for the following purposes:

• The form presented on the Site enables you to purchase the products offered directly on the Site, to be delivered to the address indicated by you, and to create a customer account if you wish to do so. 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 personalization programs, you may 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 allow you to access your account, make new purchases, and track your past orders. The browsing data of visitors to the Site is collected through connection data (logs) generated by the Site’s web server. They are kept for security purposes and to personalise the services and to allow you to access your account, for a period of time strictly necessary for these purposes, and which may not exceed six months for security purposes. This data is intended for LILITH’s services and/or the service providers it uses in order to manage the Site and ensure its security.

• The Site places cookies, if necessary with your consent. The data collected by means of these cookies, the purposes for which they are collected, the recipients of the data and storage periods, as well as a reminder of your rights, are detailed in our Site’s Cookie Policy.

The data you enter is necessary for order management, the execution and follow-up of commercial relations, as well as for internal statistical purposes. This personal data processed via the Site remains on the territory of the European Union. The data collected on the Site is exclusively intended for LILITH, and/or the subcontractors that may be called upon in the context of the management of the Site and the management of orders (the delivery companies of COLISSIMO, the Company MONETICO for the management of payments, INFOMANIAK for the management of the newsletter, etc.).

Shelf life

The data of visitors to the Site, customers 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, prospects who are not customers of LILITH, are kept for the time necessary for the management of the commercial relationship, and for a period of three years from their collection or from the last contact made by the prospect, unless agreed for a longer period.

All data which can be used to establish proof of a right or a contract, or which is kept in order to comply with a legal and/or regulatory obligation, may be subject to an archiving policy, and may be kept for these purposes in accordance with the legal and/or regulatory provisions in force.

Your rights

In accordance with the law n°78-17 of 6 January 1978 and the RGPD, you have the right to access, rectify or delete personal data concerning you, and if necessary, the right to have your data ported. You can request the limitation or oppose the processing of your data, or if necessary, withdraw your consent. You may also define guidelines on the fate of your data after your death, pursuant to Article 32 6° of the amended Law n°78-17 of 6 January 1978.

To exercise these rights, you may contact LILITH by completing the contact form or at the address of LILITH’s registered office as mentioned in the Legal Notice.

In accordance with the law, you have the legal right to submit any claim to a supervisory authority, the CNIL.