conditions générales de vente

GENERAL TERMS AND CONDITIONS OF SALE (ONLINE) In effect as of 01/01/2023

ARTICLE 1 – SCOPE

These General Terms and Conditions of Sale ("GTC") apply without restriction or reservation to all sales concluded by the Seller with non-professional buyers ("Customers" or "Customer") wishing to purchase the products offered for sale ("Products") by the Seller on the website liligazzera.com. The Products offered for sale on the site are: ceramic objects. The main characteristics of the Products, including specifications, illustrations and dimensions, are presented on liligazzera.com, which the Customer must read before placing an order. The selection and purchase of a Product is the sole responsibility of the Customer. Product offers are valid within the limits of available stock, as specified at the time of ordering. These GTC are accessible at any time on liligazzera.com and shall prevail over any other document. The Customer declares having read and accepted these GTC by checking the designated box before completing the online order process. Unless proven otherwise, data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer. Seller's contact details: Lili Gazzera, 14 place Mirabeau, 84160 Cadenet – email: lili.gazzera@icloud.com – phone: +33768793868.

Products on liligazzera.com are offered for sale in the following territories: Europe, United States. For orders shipped outside metropolitan France, the Customer acts as the importer. For all Products shipped outside the European Union and French overseas territories, prices will automatically be calculated tax-free on the invoice. Customs duties or other local taxes, import duties or state taxes may apply and are the sole responsibility of the Customer.

ARTICLE 2 – PRICING

Products are supplied at the prices listed on liligazzera.com at the time the order is recorded by the Seller. Prices are expressed in Euros, excluding and including VAT. Prices reflect any discounts granted by the Seller on the site. Prices are firm and non-revisable during their validity period; however, the Seller reserves the right to modify prices at any time outside this period. Prices do not include processing, shipping, transport or delivery fees, which are charged separately as indicated on the site and calculated prior to order placement. The total amount charged to the Customer includes these fees. An invoice is issued by the Seller and provided to the Customer upon delivery.

ARTICLE 3 – ORDERS

The Customer selects Products on liligazzera.com by adding them to their cart, with the option to remove or modify items. Product offers are valid while visible on the site and within available stock. A sale is only considered valid after full payment. The Customer is responsible for verifying the accuracy of their order and reporting any errors immediately. Any order placed on liligazzera.com constitutes a distance contract between the Customer and the Seller. The Seller reserves the right to cancel or refuse any order from a Customer with whom a payment dispute exists regarding a prior order. The Customer may track their order on the site.

ARTICLE 4 – PAYMENT CONDITIONS

Payment is made via secure payment using the following methods: PayPal or Stripe. Full payment is due at the time of ordering. Payment data is exchanged in encrypted form using the protocol defined by the approved payment provider handling banking transactions on liligazzera.com. Payments are only considered final once the Seller has effectively received the funds. The Seller is not required to deliver ordered Products until full payment has been received under the above conditions.

ARTICLE 5 – DELIVERY

Products are delivered to metropolitan France or the following zones: Europe, United States. Shipment takes place within 10 days to the address provided by the Customer. The Seller cannot be held responsible for transport delays. Delivery is constituted by the physical transfer of possession or control of the Product to the Customer. Unless otherwise specified or if a Product is unavailable, orders will be delivered in a single shipment. The Seller undertakes to make every effort to deliver within the stated timeframes, which are provided as estimates. If Products have not been delivered within 15 days of the estimated dispatch date, for reasons other than force majeure or the Customer's own fault, the sale may be cancelled at the Customer's written request under articles L 216-2, L 216-3 and L 241-4 of the French Consumer Code. Any amounts paid will be refunded within fourteen days of cancellation, with no additional compensation or deductions.

Deliveries are handled by an independent carrier to the address provided by the Customer, which must be easily accessible. If the Customer arranges their own carrier, delivery is deemed complete upon handover of the Products to that carrier without reservation. In such cases, the Customer has no recourse against the Seller for non-delivery. Any special packaging or transport requests, accepted in writing by the Seller, will be invoiced separately based on a quote accepted in writing by the Customer.

The Customer must inspect the delivered Products. Any claims must be submitted by email to lili.gazzera@icloud.com within 5 business days of delivery, with supporting evidence (photos, etc.). After this period, Products are deemed compliant and free of apparent defects, and no claims will be accepted. The Seller will promptly reimburse, at its own expense, any Products whose non-conformity or defects have been duly proven under articles L 217-4 et seq. of the French Consumer Code. Risk of loss or damage transfers to the Customer upon physical receipt of the Products, except when the Customer has arranged their own carrier, in which case risk transfers upon handover to that carrier.

ARTICLE 6 – TRANSFER OF OWNERSHIP

Ownership of Products transfers to the Customer only upon full payment of the price, regardless of the delivery date.

ARTICLE 7 – RIGHT OF WITHDRAWAL

Under article L221-18 of the French Consumer Code, the Customer has fourteen days to exercise their right of withdrawal from a distance or off-premises contract, without providing a reason and without bearing costs other than those specified in articles L 221-23 to L 221-25. The withdrawal period begins: (1) on the date of conclusion of the contract for service contracts; (2) on the date of receipt of the goods by the Customer or a designated third party (other than the carrier) for sales contracts. For orders involving multiple goods delivered separately or in batches, the period begins upon receipt of the last item. For contracts involving regular delivery over a defined period, the period begins upon receipt of the first item.

The right of withdrawal may be exercised online using the attached withdrawal form (also available on the site), or by any unambiguous written statement, including by post or email to the addresses listed in Article 1. Returns must be made in their original, complete condition (packaging, accessories, instructions) to allow resale as new, accompanied by the purchase invoice. Damaged, soiled or incomplete Products will not be accepted. Return shipping costs are borne by the Customer. Exchange (subject to availability) or refund will be processed within 14 days of the Seller's receipt of the returned Products.

ARTICLE 8 – SELLER'S LIABILITY – WARRANTIES

Products supplied by the Seller benefit from:

the statutory warranty of conformity for defective, damaged or non-conforming Products,
the statutory warranty against hidden defects arising from material, design or manufacturing faults rendering the Products unfit for use.

Relevant legal provisions (French Consumer Code and Civil Code):

Article L217-4: The seller must deliver goods conforming to the contract and is liable for any non-conformity existing at delivery, including non-conformity arising from packaging, assembly instructions or installation when these are the seller's responsibility.

Article L217-5: Goods conform to the contract if they are fit for their usual purpose and, where applicable, match the seller's description, possess the qualities presented to the buyer, and meet the legitimate expectations of a buyer based on public statements by the seller or manufacturer.

Article L217-12: Claims for non-conformity must be brought within two years of delivery.

Article 1641 (Civil Code): The seller is liable for hidden defects rendering the item unfit for its intended use, or significantly diminishing its use, to the extent that the buyer would not have purchased it or would have paid less had they known.

Article 1648 (Civil Code): Claims for hidden defects must be brought within two years of discovery.

Article L217-16: Any immobilisation period of at least seven days during a commercial warranty extends the remaining warranty period by that duration.

To exercise their rights, the Customer must notify the Seller in writing (email or post) of any non-conformity or hidden defect upon discovery. The Seller will refund, replace or repair warranted Products deemed non-conforming or defective. Shipping costs will be reimbursed at the invoiced rate; return costs will be reimbursed upon presentation of supporting documents. Refunds, replacements or repairs will be carried out as soon as possible and within 30 days of the Seller's acknowledgement of the defect, by bank transfer or cheque.

The Seller's liability cannot be engaged in the following cases: non-compliance with the laws of the country of delivery (the Customer's responsibility to verify); misuse, professional use, negligence or lack of maintenance by the Customer; normal wear and tear; accident or force majeure. Photos and visuals on the site are non-contractual. The Seller's warranty is in all cases limited to replacement or refund of non-conforming or defective Products.

ARTICLE 9 – DATA PROTECTION

Under the French Data Protection Act of 6 January 1978, personal data collected from the Customer is necessary for order processing and invoicing, and may be shared with the Seller's partners involved in order fulfilment, management and payment. The Customer has the right to access, modify, rectify and object to their personal data at any time, in accordance with applicable national and European regulations, as described in the legal notices section of the site.

ARTICLE 10 – INTELLECTUAL PROPERTY

All content on liligazzera.com is the property of the Seller and its partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.

ARTICLE 11 – APPLICABLE LAW – LANGUAGE

These GTC and the transactions arising from them are governed by French law. These GTC are written in French. In the event of translation into any other language, the French text shall prevail in case of dispute.

ARTICLE 12 – DISPUTES

For any complaint, please contact the Seller's customer service at the postal or email address listed in Article 1. The Customer may at any time resort to conventional mediation through relevant sectoral mediation bodies, or to any other alternative dispute resolution method (e.g. conciliation). The designated mediator is: Lili Gazzera, 14 rue du Languedoc, 31000 Toulouse – liligazzera.com – email: lili.gazzera@icloud.com. The Customer may also use the EU Online Dispute Resolution platform at: https://webgate.ec.europa.eu/odr. Any disputes not resolved amicably or through mediation will be submitted to the competent courts under ordinary law.