.L'histoire_

GENERAL TERMS AND CONDITIONS OF SALE

Last update on the 27/05/2019

The products in the Lili range (the "Products") are sold on the online shop, accessible on the web address http://www.lilimargo.com/fr/ (the "Website"). This website is edited by LILI MARGO, 99 rue Paul Vaillant Couturier, 92240, Malakoff, France (833 348 659 RCS Nanterre) (hereafter referred to as "LILI MARGO"). The shop on the Lili Margo website (the "Shop") is the official online store for the Lili Margo brand’s products.

The Products you purchase on the Shop are exclusively sold and intended for end consumers. We own the rights to consider any order that would not correspond to a retail sale as null or reduce the deliverable quantities. If you wish to make a purchase in a professional context, contact LILI MARGO by clicking here or call us at +33 (1) 71 54 71 71 86.
Any sales made on this Website are reserved for adults or minors holding an authorization from their legal representative allowing them to make a purchase on the Online Store. We reserve the right to ask for proof of identity, at any moment, confirming your age or the authorization of your legal representative. We reserve the right not to respond to your order if you do not respond to the above request.

We invite you to read these General Terms and Conditions of Sale, ("GTC") as well as the legal notices and terms of use of the website (available here) which govern browsing on the Website as well as the collection and processing of your personal data.
The purchase of Products from the Shop implies the consultation and full and complete acceptance of these General Terms and Conditions of Sale, of which you acknowledge having read beforehand. You will therefore have to accept them actively when placing your order. LILI MARGO reserves the right to modify these GTC at any time, the GTC applicable to an order remain nevertheless, those applicable at the placing time of the said order.

As part of your purchases, we will be able to exchange with you electronically. By purchasing online, you agree that any communication between us can take place electronically and that, unless legal provision requiring written evidence, all our exchanges shall be valued as exchanges made by registered mail with acknowledgement of receipt.

1. Our Products

The Products offered for retail sale and their characteristics are those listed in the Shop. Only that information shall be deemed to be valid for the Products. Do not rely on any other website or other sources of information as for their description.

The Products comply with the current French legislation, LILI MARGO cannot be held liable in the event of non-compliance with the legislation of the country in which the Product will be delivered and it is your responsibility to check with the local authorities of the country being delivered the possibilities of delivery or use of the Products in that country.

2. Your personal account

When you place your first order, you can create a user account with username and password. This is only mandatory if you wish to join our "Ambassador" program (click here to become an Ambassador). It is your responsibility to ensure the preservation and confidentiality of your password, as transactions carried out on the Website through your account are deemed to be carried out by you. As soon as you become aware of any unauthorized use or misuse of your password, please notify us immediately by clicking here or by phone at +33 (0) 1 71 54 71 86 so that appropriate measures can be implemented.

You will be able to access within your account a summary of the orders you have placed during the last XXXX months, your status as a result of our Ambassador Program, as well as the sales made by the people who used your promotional code and your earnings.

You will also find your electronic invoices in PDF format. You can print this invoice by going to the "My Business" section and select the concerned order. Please note that an invoice is only available when payment for the order is confirmed.

3. Ordering information

To place an order, you must click on "Add to cart" and then go to the payment page. We inform you that the contents of your basket may be subject to an expiry date. Any order will necessarily be considered as unconditional acceptance of these GTC and you must confirm this by ticking the appropriate box before validating your basket. Before confirming your order, you have the opportunity to check your basket, its total price and the information provided by you, to correct any errors or to make any desired changes (in particular in terms of ordered Products or the quantities in your basket).

In order to purchase Products, you must provide your name and address, telephone number, e-mail address, payment details and any other required information. You must also give us a valid delivery address (we do not accept deliveries to post office boxes or automated parcel delivery centres) and be an authorized holder or holder of a valid debit/credit card or a valid PayPal account in the event of payment by these methods of payment.

You agree that your orders constitute an offer to purchase the Products listed in your order under these GTC. Each order is deemed to be a separate sale. All orders are subject to confirmation by LILI MARGO, which cannot be refused unless there are legitimate reasons, including a possible fraudulent order or failure to pay during your previous orders.

4. Order processing and conclusion of the contract

Once your order has been validated, a printable and recordable summary will be displayed on the Website and you will receive an acknowledgement of receipt of your order by e-mail onto the e-mail address you provided us with. This e-mail will include your identity and contact details, the specification of the ordered Products, the delivery time and any restrictions on orders, the order amount including all taxes, confirmation of payment. This e-mail does not constitute an acceptance of the order, but only confirmation that LILI MARGO has received it.

LILI MARGO retains ownership of the Products until full payment of the price, including shipping costs. In the event of a payment incident, you commit to return the Products received on first request.

Sales on the Website are made within the limits of available stocks. LILI MARGO does everything possible to ensure that the Products you wish to order on the Shop are available.

In the event of unavailability of a Product, you are generally informed directly when you place your order by a message on the Website. However, due to the concomitance of orders or links with logistics, it is possible that we may not be able to immediately check the availability of the Products and that we will inform you only after validation of your order and before delivery. In this case you will be informed by e-mail.

If the Product you have ordered is unavailable, the sale between you and LILI MARGO will NOT be formed under the Product concerned and this Product will not be referred into the Shipping Confirmation email that will be sent to you. In the event of partial cancellation of your order after it has been placed, you will be delivered available Products and you will be refunded the price of the ordered Products not available as soon as possible and at the latest within 30 days of your payment.

Once your order has been placed and paid, you can no longer cancel it, subject to your right of withdrawal provided for in Article 10 below.

5. Prices, Shipping, Fees and Taxes

The prices of the Products appear on the pages presenting each Product and its characteristics when you place your order, in the summary of your order before payment as well as in the e-mail confirming receipt of your order. The prices shown are all taxes included but excluding shipping and delivery costs.

Once the order has been confirmed and paid for, it is sent to the address you have provided by the postal services or by a specialised service provider (the "Carrier") according to the option you have selected. The amount of shipping costs depends on the place of delivery and the shipping method you selected.

Shipping and delivery costs will appear on your order before you confirm and pay for it. You will then have, if necessary, the possibility to modify your delivery method. The shipping and delivery costs and the corresponding VAT will be indicated separately in the e-mail confirming receipt of the order.

6. Payment

Any order placed on the Shop implies payment. Orders are payable in euros all taxes are included and any bank charges remain at your expense including in the event of cancellation of the sale.

Payment must be made by credit card (Visa or Mastercard) or PayPal. For credit cards (Visa, MasterCard), an "authorization" is required when you pay. If you do not receive the required authorization, LILI MARGO will cancel your order. The payment of your purchase will be deemed made from the relevant bank card when LILI MARGO send you the Confirmation of Shipping e-mail.

In any event, LILI MARGO reserves the right to refuse any order in the event of (i) suspicion that the purchase is unprofessional, (ii) total or partial non-payment of one of your previous orders or your order.

7. Shipping & Returns

The delivery time is mentioned when you place your order. Delivery in France generally takes place within 48 hours (excluding Saturdays, Sundays and public holidays) as from the date of the sending of the Order Confirmation receipt email, provided that your payment has been received before 3pm on the same day as the order. This time is given as an estimate. In any case, the delivery time may not exceed 30 working days as from the date of sending the Order Confirmation of Receipt email. For deliveries abroad, delivery times vary according to the country of destination.

In the event of absence or insufficient size of the mailbox, you will receive a delivery notice informing you of the possibility of collecting your parcel at a given post office or to contact the Carrier again in order to agree on a new delivery date. You are informed that the storage period of the package by the Carrier is limited to a minimum of 10 days and that after this period the package will be returned to us.

In this case you will be refunded your order after deduction of shipping and delivery costs. The same shall apply in the event of an error in the delivery address.

LILI MARGO reserves the right to modify the Carrier in charge of delivering your order and, in this case, no additional costs will be charged to you compared to your initial request.

Each delivery will be preceded by the sending of an e-mail of the corresponding invoice, which you can also find in your personal account as indicated in article 2 of these GTC.

LILI MARGO shall not be held liable for any delay or failure to complete the sale in the event of force majeure, namely in the case of an event beyond its control, including war, acts of terrorism, strikes, national or local states of emergency, transport failure, power or service failures, earthquakes or other natural disasters.

If the Products you have received do not correspond to those you have ordered, or if your order is incomplete or damaged during transport, you must make all necessary reservations during delivery and contact LILI MARGO Customer Service [link to the Contact Us page] by email or by telephone at +33 (1) 71 54 71 86 to obtain all the required assistance.

In the event of exceeded maximum delivery time (30 days), you have the possibility to cancel the order with LILI MARGO Customer Service (contact us here) by e-mail or by telephone at +33 (1) 71 54 71 71 86 to obtain all the required assistance. You will then be refunded your order, including delivery costs, within 14 days of receiving the denunciation of your order, to the exclusion of any other compensation.

Any delay in delivery must be reported as soon as possible to LILI MARGO Customer Service by e-mail by clicking here or by telephone at +33 (1) 71 54 71 71 86 so that we can carry out ad hoc searches with the Carrier as soon as possible. If during these investigations, the package is found and unless you have launched the denunciation of your order, the package will be redirected to the delivery address mentioned in the order. If the order is lost, we will send you a new order at our expense unless the Products are no longer available in which case you will be refunded.

8. Receipt and risk transfer

Each delivery is deemed to have been made as soon as the Products have been made available to you by the Carrier. The transfer of risks relating to the Products will take place at this time.

It is your responsibility to check the good condition of the package and the conformity of its contents. Any damaged package must be refused by you at the time of delivery and left unopened to the Carrier. You will have to indicate your refusal and the reasons of it on the receipt form. In case of delivery by Colissimo, you must return the package unopened to the post office and expressly notify the post office of the non-conforming condition of the package within 2 days of receiving the package. At the same time, you must inform us by clicking here or by phone at +33 (1) 71 54 71 71 86 as soon as possible.

Any product that is missing or damaged from your order must be reported to Customer Service by clicking here [link to the Contact Us page] or by phone at +33 (1) 71 54 71 71 86. The latter may request any information relating to your identity or that of the recipient of the order and carry out any necessary verification.

9. Legal Assurances

You have legal assurances in accordance with the following provisions:

- Article L.211-4 of the Consumer Code:

The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.

- Article L.211-5 of the Consumer Code:

To conform to the contract, the product must:

1.       Be suitable for the purpose usually associated with such a product and, if applicable:

- Correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;

- Have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;

1.       Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.

- Article L.211-9 of the Consumer Code

In the event of lack of conformity, the buyer shall choose between repair and replacement of the product.

The seller may nevertheless elect not to proceed in accordance with the buyer's choice if that choice gives rise to a manifestly disproportionate cost compared with the other option given the value of the product or the seriousness of the defect. He is then required to proceed with the option not chosen by the buyer, unless this proves impossible.

- Article L.211-10 of the Consumer Code

If neither repair nor replacement of the product is possible, the buyer may return the product and obtain reimbursement of the price or keep the product and obtain reimbursement of a portion of the price.
He has the same option:

1. If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month of the buyer making his claim;
2. Or if that solution cannot be implemented without major inconvenience for the buyer given the nature of the product and his intended use.

The sale shall not be cancelled, however, if the lack of conformity is minor.

- Article L.211-12 of the Consumer Code

Action resulting from lack of conformity lapses two years after delivery of the product.

- Article 1641 of the Civil Code

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

- Article 1648 1§ of the Civil Code

An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice.
Please keep your order confirmation/product invoice as proof of purchase to activate the warranties.

10. Right of Withdrawal, Return and Exchange

10.1 Right of withdrawal

You have a period of 14 days from the day of delivery of your order to retract without giving any reason and without penalty except for the return shipping costs which will be at your expense.

The withdrawal period expires 14 days after the day on which you, or a third party other than the Carrier designated by you, take physical possession of the items.

To exercise your right of withdrawal, you must inform us by sending an email to contact@lilimargo.com or a registered letter with AR, informing us of your decision to withdraw from this contract by an unequivocal statement and which we will acknowledge to you by email. You can use the model withdrawal form below, but this is not mandatory.

Sample withdrawal form: (Complete and return this form only if you wish to withdraw from the contract)

At LILI MARGO, 99 rue Paul Vaillant Couturier, 92240, Malakoff. For customers in France, you can also send an e-mail to contact@lilimargo.com ;

I/We () hereby inform you/us that I/we () waive to my/our () contract of sale of the following properties ()

- Ordered on ( )/received on (),

- Name of the consumer(s),

- Address of the consumer(s),

Date and Signature of the consumer(s) (only if this form is written on paper),

For the withdrawal period to be respected, it is sufficient for you to send your communication concerning the exercise of your right of withdrawal before the expiry of the withdrawal period.

Please note that you can exercise your right of withdrawal with respect to each Product included in your order independently. However, please note that the Products sold under the labels "Duo", "Trio", "Complete Routine" or "All Range" constitute a single and unique product with regard to your right of withdrawal. You may therefore only exercise your right of withdrawal with respect to these Products for ALL the Products included under these labels.

As soon as you receive our message acknowledging receipt of your withdrawal decision, you will then have 14 days to return the complete Products to us, in their original unopened packaging, intact, with the return form sent by e-mail. In the absence of a return within the time limit, the order will be considered as final and no refund can be made except in the cases provided for in these GTC.

We reserve the right to refuse any return of Products whose original packaging and/or packaging has been opened or damaged.

10.2 Effects of withdrawal

In the event of a retraction by you, we will refund you in full, including delivery charges up to the standard delivery charges (even if you have chosen a more expensive delivery method) and as soon as possible, but no later than 14 days from the date on which we receive the Products returned in their original condition. The acceptance or refusal of the returned Products will be notified to you by email. We will refund you using the same method of payment as you used for the original transaction and there will be no charge to you for this refund.

11. Independence of clauses

If any provision of these GTC is found to be unlawful, null or for any reason unenforceable, that provision shall be deemed divisible from these GTC and shall not affect the validity and enforceability of the remaining provisions.

12. Limitation of liability

LILI MARGO cannot be held liable for its obligations under these GTC if their non-performance results from a force majeure event, namely an event including the criteria set by the case law of the Court of Appeal and the legislation, by a third party even if it is foreseeable or due to the fault of the buyer.

13. No waiver

The fact that one of the parties does not claim that the other party breached any of the obligations referred to in these GTC shall not be, in any case, interpreted as a waiver of the obligation in question.

14. Contact information

We are at your disposal to assist you with any questions or complaints regarding your purchases on the Store.

Regarding orders and deliveries in metropolitan France:

You can contact LILI MARGO by e-mail (contact@lilimargo.com), by telephone on +33 (1) 71 54 71 71 86 from Monday to Friday between 9 am and 6 pm, except on public holidays, or in writing to LILI MARGO, 99 rue Paul Vaillant Couturier, 92240, Malakoff.

15. Applicable law

These General Terms and Conditions of Sale and any sale of Products made by LILI MARGO within the Lili Margo Shop is governed by French law.

16. Language

These General Terms and Conditions of Sale have been drawn up in French and English. In case of ambiguity, the French version will prevail.