General terms of sale

These terms of sale (hereinafter "t & c") are offered by the company LILISTONE (hereinafter, "LILISTONE"), joint-stock company simplified with a capital of 102 850 euros, registered in the register of trade and companies of Lyon under number 805146099 the headquarters is sis turn oxygen - 10-12 BOULEVARD VIVIER MERLE - LYON CEDEX 03 69393.

LILISTONE offers on its website www.lilistone.com the sale of customizable jewelry (hereinafter ' the products').

Article 1- Application and opposability of the general terms

These terms apply to all orders of product (s) placed on the website www.lilistone.com (hereinafter "the Site") by the customer, person, acting for non-professional purposes (hereinafter "customer"), as of November 15, 2016.

Acquiring a product requires acceptance by the customer, of all terms and conditions herein, which recognizes the same having fully read. This acceptance may consist for example, for the customer, check the box next to the sentence of acceptance of these terms, for example with the mention «» I acknowledge having read and accepted the general terms of sale and use of the Site ».

No modification of these terms will apply to orders placed before the date of change.

The legal information about the host and the editor of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the terms of use and legal information of this Site .

Section 2- Create a customer account

To place an order, the customer must create his account including allowing her to see all orders placed on the site and invoices are related.

To this end, the customer will be asked to provide a number of personal information such as his first and last name, his e-mail address, mailing address and telephone number, this list is not exhaustive, or to allow the Site to access to the personal information of the customer via systems such as third-party connection buttons of social networks.

The customer agrees to provide accurate information. The customer is responsible for the update of its data. So, it must notify without delay LILISTONE changes. The customer is solely responsible for the veracity, accuracy and relevance of the data provided.

The customer undertakes to keep secrets and not to disclose to anyone the identifier and the password created during the opening of his account. He is solely responsible for the use of the Site made thanks to his username and password. In the event of fraudulent use of its username and/or password, the customer undertakes to notify LILISTONE, without delay, by all means.

Article 3- Ordering products on the Site

The products offered for sale are described and presented with the greatest possible accuracy. Photographs of products reflect a true picture of the products offered, but are certainly not constitutive of a contractual commitment to the extent where they cannot ensure a perfect similarity with the products.

Thus the minor variations in the representation of the products are not the responsibility of LILISTONE and do not affect the validity of the sale.

The customer selects the product he wishes to buy and is invited to choose a number of personalization settings including the measure, metal, or stone (s) or the form.

The price varies in real time depending on the choice of the customer.

After accessing the summary of his order, the customer confirms acceptance of the order by checking the box of validation of the GSC.

The customer then proceeds to the payment of his command, using one of the payment solutions that are proposed. To proceed with the payment, the customer enters the details of delivery of the product (s), billing, if they are different.

The customer must ensure that the information provided is correct and they stay until complete delivery of the product (s) ordered. The customer therefore agrees to inform LILISTONE of any change in contact information for billing and/or delivery which could intervene between the order and the delivery, by sending an email to the address without delay, Info@lilistone.com.

Otherwise, in case of delay or error delivery, all costs incurred for the return of such or such product (s) will be charged to the customer.

LILISTONE addressing the customer an e-mail of confirmation of the order, reminding him of the contents of the order and the price of it.

LILISTONE is able to refuse an order in view of the unavailability of the product or the technical impossibility of the customizable product. In such a case, he can either offer a product equivalent (with repayment in case of refusal of the Client), or proceed directly to the customer refund.

Article 4- Price and terms of payment

The prices are listed on the Site in the descriptions of the products in euros and include all taxes.

LILISTONE archived orders and invoices on a reliable and durable support constituting a copy faithful. The computerized records will be considered by the parties as proof of communications, orders, payments and transactions occurred between the parties.

Article 5- Delivery

The products offered on the site can be delivered at destination of the metropolitan France, Corsica, Monaco, DOM - TOM, and the countries of the European Union exclusively.

Unless otherwise posted on the Site during the process of order or in the description of the products ordered, LILISTONE in all cases undertakes to deliver the products within a maximum of thirty (30) days after the conclusion of the contract with a Client Consumer.

The customer is informed by email when their order is ready, of his expedition. (S) product (s) ordered (s) is (are) delivered (s) to the address of delivery indicated by the customer when ordering.

The customer can refuse a package delivery if it finds an anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged parcel, broken... products); any anomaly must then be specified by the customer on the purchase of delivery, in the form of handwritten, accompanied by the signature of the customer reserves. To exercise its right of refusal, the customer shall open or damaged or defective package in the presence of the carrier and make him take back the damaged goods. Failure to comply with these requirements, the customer will not be able to exercise its right of refusal, and LILISTONE will not have access to the exercise of the right of refusal of the Client application.

Any delay in delivery compared to the date or the period indicated (e) the client consumer during the order or, if no indication of date or time when ordering, greater than thirty (30) days from the conclusion of the contract can result in the the sale at the initiative of the customer, on request written by registered letter with acknowledgement of receipt, if after having ordered the seller to make delivery he did not run. The consumer customer will be reimbursed, at the latest within fourteen (14) days of the date on which the contract was denounced, all of the amounts paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.

Section 6- Right of withdrawal

Although products are made to customer specifications and clearly personalized, LILISTONE allows the customer to exercise a right of withdrawal within a period of fourteen (14) days from the receipt of the product, without having to justify motives or to pay of penalties.

If he intends to exercise his right of withdrawal, the customer must inform LILISTONE of its decision to withdraw from the order is:

  • Using the downloadable form here
  • Or by presenting any explicit statement to this effect (for example, a letter sent by mail recommended with acknowledgement of receipt, fax or email).

The customer must indicate a willingness to withdraw from the unambiguous.

The form or statement may be sent by mail to the following address: LILISTONE - around oxygen - 10-12 BOULEVARD VIVIER MERLE - 69393 LYON CEDEX 03 or by e-mail to the address Info@lilistone.com. In the latter case, LILISTONE will send an acknowledgement of the withdrawal on a durable medium, to the email address provided during registration to the customer without delay.

The Client must return the products to LILISTONE or to a person designated by the latter, without undue delay and at the latest in the fourteen (14) days following the communication of its decision to withdraw from.

To exercise his right of withdrawal, the customer will bear the direct costs of returning products.

Products must be returned in good condition and with all the packaging components, accessories, certificates of authenticity and instructions and this even if the product (s) has or have been unpacked (s).

In case of exercise of the right of withdrawal by the customer, LILISTONE refund of all amounts paid, including the costs of delivery and no later than fourteen (14) days from the date to which it is informed of the decision of the customer in r etracter. LILISTONE reserves the right to delay the refund until receipt of the product, or as long as the customer has not demonstrated he made the shipment of the product.

The refund will be made using the payment method used by the Client when ordering, except agreement of the customer to have LILISTONE use a different payment method, and insofar as the refund does not charge for the customer cause.

In case of depreciation of assets resulting from manipulations other than those necessary to establish the nature, characteristics and the good operation of the product (s), the customer's responsibility may be engaged.

Article 7- Updated free measurement

If the product is too big or too small, LILISTONE allows the customer to return the product for free that is brought to its fair measure.

For this, the customer must, within a maximum period of 14 days from receipt of the products, send an email to LILISTONE indicating the new measure to address Info@lilistone.com who will send him a COLISSIMO postage label so that the Client can process the order using this label.

LILISTONE undertakes to carry out the measure and sending the product to the customer within a maximum period of 14 days from the receipt of the product.

In case of depreciation of assets resulting from manipulations other than those necessary to establish the nature, characteristics and the good operation of the product (s), the customer's responsibility may be engaged.

Article 8- Customer service

For any request of information, clarification or for any claim the customer must contact, in priority, customer service LILISTONEin order to enable the latter to try to find an amicable solution.

The customer service LILISTONE is accessible from Monday to Friday from 10 to 17 hours using the following details:

-       phone: 0805 69 83 83 (toll free)

-       email: Info@lilistone.com

-       mail:  TURN OXYGEN - 10-12 BOULEVARD VIVIER MERLE - LYON CEDEX 03 69393.

Article 9- Responsibility

LILISTONE implements all measures to ensure the customer delivery, in optimal conditions, quality products. It could not however under any circumstances see its responsibility engaged for any non-performance or improper performance of all or part of the benefits provided for in the contract, which would be attributed either to the customer, is unpredictable and insurmountable one third stranger to the contract, or to a case of force major. More generally, if the responsibility of LILISTONE was committed, it could in no case accept to indemnify the customer for indirect damage or the existence and/or the quantum would not be established by evidence.

LILISTONE ensures the proper functioning of the Site, but cannot in any way guarantee that it will be free of anomalies or errors or that it will function without interruption. It cannot therefore be held responsible for any type of damage arising out of use or the impossibility of total or partial use of the Site. Similarly,. LILISTONE disclaims any responsibility for the content of third-party Internet sites accessible through hyperlinks that may be present on the Site. 

Section 10- Guarantees

All products offered for sale by LILISTONE are subject to the legal warranty provided for by article L.217 - 4 and following of the Code of consumption and by the guarantee of hidden defects provided for in articles 1641 and following of the civil Code.

Any warranty is excluded in case of improper use, negligence or lack of care on the part of the customer, as in the case of normal wear and tear of the good or of force majeure.

The customer can form all reserves or similar complaints for non-compliance or apparent defect of the delivered articles by e-mail via the contact form online on the website, by emailInfo@lilistone.comor by registered mail with notice of receipt to the following address: LILISTONE - TURN OXYGEN - 10-12 BOULEVARD VIVIER MERLE - LYON CEDEX 03 69393.

If the apparent defect or lack of conformity of the article is true, LILISTONE agrees to proceed with the replacement of article or refund the customer in the shortest time and at his own expense. This refund will be made within a maximum period of 14 days.

The customer must return the product (s) in good condition and with all the elements of packaging, accessories and certificates (even if the product (s) (s) has or have been unpacked (s)) and in general all of the items received from LILISTONE to the address Next: turn oxygen - 10-12 BOULEVARD VIVIER MERLE - LYON CEDEX 03 69393.

In the case of legal guarantee of conformity, the consumer action:

-Has a period of two years from the delivery of the product to act;

-Can choose between repair and replacement of the good, under the cost conditions provided for by article L.217 - 9 of the Code of consumption.

-Is provided to provide proof of the existence of the lack of conformity of the product within twenty-four months after the delivery of the goods. For second-hand goods, this deadline is six months.

The legal guarantee of conformity applies regardless the possibly granted commercial warranty.

The customer can decide to implement the guarantee of hidden defects within the meaning of article 1641 of the civil code. In this case, he must choose between the cancellation of the sale or a reduction of the purchase price (article 1644 of the civil code).

Warranty of compliance:

 

Article L.217 - 4 Code of consumption

The seller delivers a well in accordance with the contract and is responsible for the defects existing at the time of issue.

It addresses also the defects resulting from packaging, mounting or installation instructions when it has been to his office by contract or was carried out under his responsibility.

 

Article L.217 - 5 of the consumer Code

The property conforms to the contract:

(1) if it is specific to the use normally expected of a similar property and, if so:

-If it fits the description given by the seller and has the qualities that it has presented to the buyer as a sample or model;

-If he has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

(2) or if it has the defined characteristics of a mutual agreement by the parties or is any special use sought by the purchaser, to the knowledge of the seller and that the latter has accepted.

 

Article L.217 - 7 Code of consumption

The defects which appear within a period of 24 months from delivery of the goods are deemed to exist at the time of delivery, unless proved otherwise.

For second-hand goods sold, this deadline is six months.

The seller can combat this presumption if it is not compatible with the nature of the property or the lack of conformity that is invoked.

 

Article L.217 - 9 Code of consumption

In the event of lack of conformity, the buyer chooses between repair and replacement of the good.

However, the seller may not proceed according to the buyer's choice if this choice results in a clearly disproportionate cost with respect to the other modality, given the value of the property or the significance of the lack. He is then required to proceed, except impossibility, depending on the modality chosen not by the buyer.

 

Article L.217 - 10 Code of consumption

If the repair and replacement of the good are impossible, the buyer can make good and make refund the price or keep the property and to make part of the price.

The same Faculty is open to him:

(1) if the requested, proposed or agreed solution in application of article L. 217 - 9 cannot be implemented within the period of one month following the claim by the buyer;

(2) or if this solution cannot be without major inconvenience for it given the nature of the property and the use that it searches.

The cancellation of the sale, however, cannot be used if the lack of conformity is minor.

 

Article L.217 - 12 Code of consumption

The action resulting from the lack of conformity is prescribed by two years from the delivery of the product.

 

Article L.217 - 13 Code of consumption

The provisions of this section would deprive not the buyer of the right to exercise the action resulting from the vices of prohibitive as it results in articles 1641 to 1649 of the civil code or any other action of a contractual nature or liability that he is recognized by the law.

 

Guarantee of hidden defects:

 

Article 1641 Code civil

The seller is bound to the warranty for hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so impair that use that the buyer would not have bought or not would have given that a lower price, if he had them known.

 

1645 civil Code article

If the seller knew about the defects of the thing, he is required, in addition to the restitution of the price he has received, for all the damages to the buyer.

 

1645 civil Code article

If the seller did not know the defects of the thing, he will be held to the restitution of the price, and to reimburse the purchaser the costs caused by the sale.

 

Article 1648 paragraph 1ER Civil code

The action resulting from redhibitory vices must be brought by the purchaser within a period of two years from the discovery of the defect.

Article 11- Personal data & IP

 

In accordance with the law of January 6, 1978 relative to computers, files and freedoms, the customer is informed that the information he requested by LILISTONE in the context of the use of the Site are required to allow LILISTONE to process and execute orders placed on the Site and, where appropriate, to manage the functioning of the Client area.

 

The customer has a right of opposition, access, rectification and deletion on personal data concerning him, that he can exercise in the conditions provided by the law by sending an email to LILISTONE at the address Info@lilistone.com, specifying its name, surname, address e-mail and his account ID.

On the express authorization of the Client. LILISTONE will be able to send commercial information about the company, its products and its services.

No customer information will be transmitted to third parties, except to service providers of LILISTONE for the purposes of execution of orders and within the limits of the information strictly necessary for it.

LILISTONE holds or holds the rights of use of all intellectual property rights to the Site. Any reproduction, representation, transmission, modification or adaptation of all or part of the Site, on whatever medium it either, by any means, whether is strictly prohibited without the prior written consent of LILISTONE or of the holder of the intellectual property rights involved.

For more information on the processing of personal data and intellectual property rights, the customer is invited to refer to the Terms of use of the site.

Article 12- Applicable law and dispute resolution

These terms are governed by french law.

For any dispute concerning the terms and conditions, the customer has the possibility to resort to a mediator of consumption which LILISTONE, in accordance with article L.211 - 3 of the consumer Code.

For details of how to complain to the Ombudsman, click this link. http://www.mediateurfevad.fr/index.php/Espace-consommateur/#toggle-ID-9>

If no amicable solution is found as a result of the mediation, will be competent the Court in whose jurisdiction is located the home of the defendant, in accordance with the provisions of the Code of civil procedure and the Code of consumption.