Terms of Sales
The consumer declares to have the full legal capacity allowing him to engage under these general conditions.
OBJECT :
These conditions govern the sale of products (original works, limited editions, cushions, gift cards, etc.), hereinafter referred to as "products"or "articles", on the site https://www.lucielith.com.
They are accessible on this site by the customer, hereinafter also referred to as "buyer"; at the time of the order.
The site https://www.lucielith.com is represented by Florence Montaner, SIRET number 80873088100014, acting as a painter under the pseudonym Lucie Lith, individual entrepreneur, located at 509 rue de la Corniche in LE PRADET, hereafter referred to as "the seller";.
The fact, for any customer, to place an order on the site https://www.lucielith.com implies his unreserved acceptance of these conditions. If a condition were to be lacking, it would be considered to be governed by the practices in force in the sales sector.
PRODUCT INFORMATION:
The products governed by these general conditions are those which appear on the seller website and which are indicated as sold and dispatched by the seller. They are offered within the limits of available stocks. The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable. The photographs of the products are not contractual.
PRICE :
The prices are indicated in euros all taxes included, excluding participation in delivery costs (see Delivery). The items ordered are invoiced at the price in effect when the order is recorded. Prices are otherwise subject to change at any time.
When ordering outside mainland France, the customer is the importer of the article concerned.
For items shipped outside the European Union, taxes may be eligible. These rights and sums are the responsibility of the buyer and are entirely his responsibility both in terms of declarations and payments to the authorities and competent bodies of his country.
The items remain the sole property of the seller until full payment of the price indicated, including taxes and fees.
PAYMENT METHOD :
This is an order with payment obligation, which means that placing the order involves payment by the buyer. To pay for his order, the buyer has, at his option, all the payment methods made available to him by the seller and listed on the seller website. The buyer guarantees to the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. The seller reserves the right to suspend any management of the order and any delivery in the event of refusal of authorization of payment by bank card on the part of officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. . The payment of the price is made in full on the day of the order, except with the express agreement of the seller, according to the following methods: credit card, bank transfer, check.
SHIPPING AND DELIVERY COSTS:
In mainland France and the European Union, shipping costs are included in the price from 200 € of purchase. They are for the rest of the world from 1,000 euros of purchase. Below these thresholds, a "standard" shipping package is added to the price, assessed according to weight, type of item ordered and destination. When possible, the buyer can choose between home delivery or workshop pick-up by appointment. The shipping costs concerned are specified when ordering online at the end of the selection of the various products ordered by the customer.
Orders placed before midnight (Paris time, GMT+1h), from Sunday to Monday, excluding public holidays, are dispatched within 48 hours (working days), except for products out of stock or on pre-order. The shipping time then varies between 7 and 15 working days. All of the works ordered are sent in a single order as far as possible.
The transport time after shipment is 3 to 5 working days in France and 4 to 10 working days for other destinations. This period may vary depending on the country of destination and the carrier. The transfer of risks concerning the works of art and items purchased takes place as soon as they are handed over to the carrier and the delivery is therefore considered effective.
Delivery is made to the address indicated on the order form. The customer must verify the completeness and conformity of the information he provides, the seller cannot be held responsible for any errors in data entry and the consequences in terms of delay or error in delivery. In this context, all costs incurred for the reshipment of the order would be entirely borne by the buyer. Furthermore, the seller cannot be held responsible for delays in delivery due to errors or disruptions attributable to the carriers (total or partial strike in particular of the postal services and means of transport).
The buyer is required to check the condition of the packaging of the goods on delivery and to report the damage to the carrier on the delivery note, as well as to the painter Lucie Lith by email within two open days.
RIGHT TO RETRACT :
Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order, to return any item that does not suit him and request an exchange or refund without penalty, with the exception of delivery costs and return costs which remain the responsibility of the buyer. Returns must be made in their original condition and complete (packaging, accessories, documents, etc.) allowing them to be re-marketed in new condition, accompanied by the purchase invoice and the certificate of authenticity if applicable. Damaged, soiled or incomplete products are not taken back.
The right of withdrawal must be exercised by email, using the form Contact available on this website. Any other mode of declaration of withdrawal is not accepted. It must be unambiguous and express the will to retract. In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased is reimbursed, excluding delivery costs.
Return costs are the responsibility of the buyer. The exchange (subject to availability) or refund will be made within 48 hours, and at the latest, within 14 days of receipt, by the seller, of the products returned by the buyer within the conditions set out above.
Exceptions:
According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
– supply of goods whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
–supply of goods made to the consumer specifications or clearly personalized;
– supply of goods likely to deteriorate or expire rapidly;
– supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
– supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
– supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
– maintenance or repair work to be carried out urgently at the consumer home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
– supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
– supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
– supply of digital content not supplied on a material medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.
The right of withdrawal cannot therefore apply to works and products made to order and personalized.
FORCE MAJOR:
All circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes for exemption from the obligations of the parties and lead to their suspension. The party who invokes the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance. Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, disruption of telecommunications networks or difficulties specific to telecommunications networks external to customers. The parties will come together 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.
INTELLECTUAL PROPERTY :
The seller remains the owner of the intellectual property rights of the works and articles offered on the site and of all of its content. Consequently, their partial or total reproduction, on any medium whatsoever, their use, as well as their provision to third parties are strictly prohibited and may constitute an offense of counterfeiting. Buyers agree not to make any use of it.
IT AND FREEDOMS:
The personal data provided by the buyer are necessary for the processing of his order and the establishment of invoices. They may be communicated to the seller partners responsible for the execution, processing, management and payment of orders. The buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him (art. 34 of the law “Informatique et Libertés” of January 6, 1978). This right can be exercised via the form Contact from site.