Terms and Conditions of Sale

EFFECTIVE DATE: 
LAST UPDATED: 

ARTICLE 1 – SCOPE OF APPLICATION

These General Terms and Conditions of Sale (referred to as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("the Clients or the Client") wishing to purchase Products ("the manufactured Products") offered for sale by the Seller on the website (insert site link)

The main characteristics of the Products, including their specifications, illustrations, and indications of dimensions or capacity, are presented on the website (insert site link), which the Client is required to review before placing an order.

The choice and purchase of a Product are the sole responsibility of the Client.

Product offers are valid within the limits of available stock, as specified when the order is placed.

These GTC are accessible at any time on the website (insert site link) and shall prevail over any other document.

The Client declares to have read and accepted these GTC by checking the box provided for this purpose before proceeding with the online ordering process on the website (insert site link). Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.

The Seller's contact details are as follows:

Maison Lola, represented by Laura Deret
4 Allée Pegase
64140 Lons

Status: Micro-enterprise
SIRET N°: 
Registered with the Trade and Companies Register (RCS) of 
VAT not applicable, article 293 B of the General Tax Code
Intracommunity VAT number: 

The Products presented on the website (insert site link) are offered for sale in the following territories:

European Union countries

In the case of an order to a country outside metropolitan France, the Client is the importer of the Product(s) concerned.

For all Products shipped outside the European Union, the price will automatically be calculated ex-tax on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne by and are the sole responsibility of the Client.

ARTICLE 2 – PRICE

Products are supplied at the current prices listed on the website(insert site link) , at the time the order is registered by the Seller.

Prices are expressed in Euros, excluding and including VAT.

Tariffs take into account any discounts that may be granted by the Seller on the site.

These prices are firm and non-revisable during their validity period, but the Seller reserves the right to modify prices at any time outside this validity period.

Prices do not include processing, shipping, transport, and delivery costs, which are charged in addition, under the conditions indicated on the website and calculated prior to placing the order.

The payment requested from the Client corresponds to the total amount of the purchase, including these costs.

An invoice is issued by the Seller and given to the Client upon delivery of the ordered Products.

ARTICLE 3 – ORDER

It is the Client's responsibility to select on the website (insert site link)

The Products they wish to order, according to the following procedure:

The Client chooses a Product and adds it to their cart. The Client can remove or modify the Product before validating the order and accepting these general terms and conditions of sale. They will then enter their contact details or log into their account and choose the delivery method. After validating the information, the order will be considered final once full payment has been received from the Client.

Product offers are valid as long as they are visible on the website, within the limits of available stock.

The sale will only be considered valid after full payment of the price. It is the Client's responsibility to verify the accuracy of the order and to report any errors immediately.

Any order placed on the website (insert site link) constitutes the formation of a distance contract between the Client and the Seller.

The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding the payment of a previous order.

The Client can track the progress of their order on the website.

ARTICLE 4 – PAYMENT TERMS

Payment is made by secure payment method, according to the following terms:

• Payment by bank card
• PAYPAL

The price is payable in full by the Client on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions on the website (insert site link)

Payments made by the Client will only be considered final after the Seller has effectively received the full amount due.

The Seller will not be obliged to deliver the Products ordered by the Client if the Client does not pay the full price under the conditions indicated above.

ARTICLE 5 – DELIVERY

These deadlines are indicative and may vary depending on logistical constraints specific to carriers or exceptional circumstances (bad weather, strikes, peak periods such as holidays, etc.).

Deliveries are made to the address indicated by the Client when placing their order on the website. Delivery is constituted by the transfer of physical possession or control of the Product to the Client. Except in special cases or unavailability of one or more Products, ordered Products will be delivered in a single shipment.

The Seller undertakes to make its best efforts to deliver the Products ordered by the Client within the deadlines specified above. However, delivery delays may occur, and the Seller cannot be held responsible for delivery delays caused by external events or strikes, or if the Client has not complied with the specified delivery deadlines and conditions.

Delays and Inquiry:
In the event of a significant delay exceeding the estimated maximum deadlines (6 business days for Mondial Relay, 5 business days for Chronopost Relais, and 3 business days for La Poste – Colissimo), the Client is invited to contact us.
We undertake to open an inquiry with the concerned carrier to locate the package and resolve the problem as quickly as possible.

Maximum Delivery Time:

Non-Delivery:
If the ordered Products have not been delivered within 30 days from the shipping date, for any reason other than force majeure or the Client's fault, the sale may be cancelled at the Client's written request, in accordance with articles L 216-2, L 216-3 and L241-4 of the Consumer Code.

In this case, the sums paid by the Client will be refunded within a maximum of fourteen days following the termination of the contract. No additional compensation or deductions will be applied.

Special Packaging or Transport Request:
In the event of a particular request from the Client concerning the packaging or transport conditions of the ordered Products, duly accepted in writing by the Seller, the associated costs will be subject to specific additional invoicing, based on a quote previously accepted in writing by the Client.

Damaged Package – Mondial Relay Delivery 

In case of delivery via Mondial Relay, if the package shows visible signs of damage (crushed, torn, open, wet package, etc.), the Client must refuse the package directly at the pickup point, otherwise no claim can be guaranteed.

Refusing the package allows the carrier to note the damage, initiate an expert assessment procedure, and open a potential claim for compensation. The package is then automatically returned to the sender, facilitating the handling of the dispute.

In case of acceptance of a visibly damaged package, the delivery is deemed compliant, and neither Mondial Relay nor the Seller can initiate a claim procedure. However, the Seller may attempt an exceptional approach with the carrier, without guarantee of a favorable outcome.

In case of package refusal, the Client is invited to contact the Seller within 48 hours via the form available at the following address: (insert site link)

and, if possible, to send photographs of the damaged package by e-mail to:  maison.lolaa@gmail.com

Damaged Package – Chronopost (Shop2Shop) Delivery

In the event of delivery via Chronopost Shop2Shop, if the package shows visible signs of deterioration (crushed, torn, open, wet package, etc.), the Client must immediately report the condition of the package to the pickup point upon collection, by making clear and precise reservations on the terminal or to the relay agent.

This report is essential to initiate an investigation procedure with the carrier and allow for possible compensation. The return of the package to the sender remains at the discretion of the relay or the carrier, according to their internal procedures.

In the event of acceptance without reservation of a visibly damaged package, the delivery is deemed compliant, and neither Chronopost nor the Seller can initiate a standard claim. However, the Seller may, exceptionally, attempt an approach with the carrier without guarantee of a favorable outcome.

The Client is invited to contact the Seller within 48 hours via the following form: (insert site link + contact form link), and to send, if possible, photographs of the damaged package, the outer packaging, the contents, and the shipping label to: maison.lolaa@gmail.com

Damaged Package – La Poste (Colissimo) Delivery

In the event of delivery via La Poste (Colissimo), if the package is handed over in person  by the postman and shows external signs of deterioration (crushed, open, torn, wet package, etc.), the Client is invited to refuse the package or to immediately make reservations with the postman, so that they are recorded.

If the package is left in a mailbox or handed over to a third party (neighbor, caretaker, etc.) and shows visible damage without being opened, the Client must return it unopened to a post office, at the latest on the next business day, to report the condition of the package and request its return to the sender.

In the event of an opened package or damaged product noticed after opening, the Client is invited to contact the Seller within 48 hours of delivery via the form: (insert site link + contact form), attaching all relevant proof (photos of the package, contents, and shipping label).

No claim will be taken into account in the absence of proof or failure to meet this deadline.

In accordance with postal regulations, La Poste agents are not authorized to assist with opening packages. Any observation must therefore be documented by the Client themselves.

Regardless of these cases, and in accordance with Article L221-18 of the Consumer Code, the Client has a legal right of withdrawal of 14 days from receipt of the order, allowing them to return a product without having to provide a reason.

Maison Lola undertakes to ship orders in suitable packaging, to individually protect each item, and to affix a "Fragile" label to limit the risk of damage during transport.

To obtain a return mailing address, contact Maison Lola via the Contact tab at the bottom of the page. 

Carefully package the Product and return it by post. Return costs are at your expense; only the amount corresponding to the price of the item can be reimbursed if the reason for return is confirmed.

Returns must be in their original and complete condition (packaging, accessories, instructions) allowing them to be remarketed as new, accompanied by the purchase invoice.

Damaged, soiled, personalized, or incomplete Products are not accepted for return, along with all supporting documents (photos in particular). After this period and in the absence of compliance with these formalities, the Products will be deemed compliant and free from any apparent defect, and no claim can be validly accepted by the Seller.

Refund or Replacement of Products:
The Seller will refund or replace, as soon as possible and at its own expense, Products delivered whose non-conformities or apparent or hidden defects have been duly proven by the Client, under the conditions provided for in articles L 217-4 et seq. of the Consumer Code and those provided in these GTC.

Transfer of Risks:
The transfer of risks of loss and deterioration relating thereto will only occur when the Client takes physical possession of the Products. Products therefore travel at the Seller's risk, except when the Client has chosen the carrier themselves. In this respect, risks are transferred at the time the goods are handed over to the carrier.

ARTICLE 6 – TRANSFER OF OWNERSHIP

Ownership of the Products shall be transferred from the Seller to the Customer only after full payment of the price by the latter, regardless of the delivery date of said Products.

ARTICLE 7 – RIGHT OF WITHDRAWAL

In accordance with Article L221-18 of the Consumer Code: "For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good."

The right of withdrawal can be exercised online, using the attached withdrawal form also available on the website, or by any other unambiguous declaration expressing the wish to withdraw. This can be done notably by post or email addressed to the Seller, at the contact details indicated in ARTICLE 1 of these GTC.

Returns must be made in their original and complete condition (packaging, accessories, manual, etc.), allowing them to be remarketed as new, and accompanied by the purchase invoice. Damaged, personalized, soiled or incomplete Products will not be accepted.

Return costs remain the responsibility of the Customer.

Exchange (subject to availability) or refund will be made within fourteen (14) days from the receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.

Refund Policy:

In case of valid withdrawal (Product returned by the Customer): A refund will be made for the price of the Products as well as for the initial shipping costs paid (only at the cost of the cheapest standard delivery offered by the Seller).

Cases of unclaimed or undelivered packages: Packages not collected at a relay point, unclaimed or returned due to incorrect address are considered a default in execution by the Customer. Consequently, a refund will be made only for the price of the Products, excluding the initial shipping costs paid by the Customer. The Seller reserves the right to deduct from the refunded amount any return costs invoiced to the Seller by the carrier.

ARTICLE 8 – SELLER'S LIABILITY –

WARRANTIES

Provisions relating to legal warranties: 

In accordance with the law, the Seller assumes the following warranties: conformity and hidden defects of the products. The Seller refunds the buyer or exchanges products that are apparently defective or do not correspond to the order placed. The Seller reminds that the consumer has a period of 2 years from the delivery of the goods to act against the Seller, whom they can choose between replacement and repair of the goods subject to the conditions provided by the aforementioned provisions. apparently defective or not corresponding; that they are exempt from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods; that the consumer can also invoke the warranty against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code and, in this case, they can choose between cancellation of the sale or a reduction in the selling price (provisions of Article 1644 of the Civil Code).

In order to assert their rights, the Customer must inform the Seller, in writing (email or mail), of the non-conformity of the Products or the existence of hidden defects from their discovery.

Shipping costs will be reimbursed based on the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.

Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 90 days following the Seller's finding of the lack of conformity or hidden defect. This refund may be made by bank transfer.

The Seller's liability cannot be engaged in the following cases:

non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer's responsibility to check,

in case of misuse, professional use, negligence or lack of maintenance by the Customer, as in the case of normal wear and tear of the Product, accident or force majeure.

The photographs and graphics presented on the site are not contractual and cannot engage the Seller's liability.

Your article is very clear and well-structured. It effectively covers product descriptions, the right of withdrawal for personalized items, and necessary safety warnings for items intended for children and hygiene and home products.

ARTICLE 9: General Description of Products

The Seller undertakes to deliver Products that comply with the order and are free from any hidden defect or manufacturing fault. However, due to the artisanal nature of some of our Products, it is possible that they may present slight imperfections or differences that do not constitute defects of conformity. These particularities are an integral part of the unique character of each handmade product and are considered normal within the scope of craftsmanship.

The Customer is informed that these slight variations (color, shape, texture, etc.) cannot be considered defects and do not justify a return or refund, unless the Product has a significant manufacturing defect. The Seller makes every effort to ensure a faithful presentation of the Products on the Site, but minor differences may exist between the image and the delivered Product.

-Nature of Products

The Maison Lola shop offers a range of artisanal and personalized products, including, but not limited to:

• Scented candles 

• Scented melts

• Scented bouquets

• Wax melt warmers

• Customizable scented creations 

– Exclusion of the Right of Withdrawal

In accordance with articles L221-18 et seq. of the Consumer Code, personalized products, made to order and according to the Customer's specifications, are not subject to the right of withdrawal and cannot be returned, except in the case of a manufacturing defect or non-conformity.

– Candles and Other Scented Home Creations

Candles sold by Maison Lola are manufactured in compliance with the highest quality and safety standards. However, it is imperative to never leave a burning candle unattended, to keep it out of reach of children and pets, and to use it away from any flammable materials. The Seller disclaims all liability in the event of an accident or damage resulting from improper use of these products.

ARTICLE 10 – PERSONAL DATA

The Customer is informed that the collection of their personal data is necessary for the sale of Products by the Seller and for their transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the execution of the sales contract.

10.1 Collection of personal data

The personal data collected on the website (to be inserted) are as follows

Product Order:

When the Customer orders Products:

Names, first names, postal address, telephone number, and email address.

Payment

For the payment of Products offered on the website (to be inserted), the latter records financial data relating to the Customer's / user's bank account or credit card.

10.2 Recipients of personal data

Personal data is reserved for the sole use of the Seller.

10.3 Data Controller

The data controller is the Seller, within the meaning of the French Data Protection Act and, from May 25, 2018, of Regulation 2016/679 on the protection of personal data.

10.4 Limitation of processing

Unless the Customer gives their express consent, their personal data will not be used for advertising or marketing purposes.

10.5 Data retention period

The Seller will retain the data thus collected for a period of 5 years, covering the duration of the applicable contractual civil liability limitation period.

10.6 Security and confidentiality

The Seller implements organizational, technical, software, and physical measures in terms of digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

10.7 Exercise of Clients' and users' rights

In application of the regulations applicable to personal data, the Clients and users of the website (to be inserted) have the following rights:

They can update or delete the data concerning them as follows:

They can delete their account by writing to the email address indicated in article 10.3
"Data Controller"

They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 10.3 "Data Controller"

If the personal data held by the Seller is inaccurate, they can request the update of the information by writing to the address indicated in article 10.3

"Data Controller"

They can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 10.3

"Data Controller"

They can also request the portability of the data held by the Seller to another service provider

Finally, they can object to the processing of their data by the Seller

These rights, provided they do not conflict with the purpose of the processing, can be exercised by sending a request by mail or email to the Data Controller whose contact details are indicated above.

The data controller must respond within a maximum period of one month.

In case of refusal to grant the Client's request, the reasons for this refusal must be provided.

The Client is informed that in case of refusal, they can file a complaint with the CNIL (3 place de

Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Client may be asked to tick a box indicating that they agree to receive informational and advertising emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller at the contact details above or by following the unsubscribe link.

ARTICLE 11 – INTELLECTUAL PROPERTY

The content of the site(to be inserted) 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 12 – APPLICABLE LAW – LANGUAGE

These GTC and the operations resulting therefrom are governed by and subject to French law.

These GTC are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 13 – DISPUTES

In the event of a dispute, the buyer may resort to conventional mediation, particularly with the Consumer Mediation Commission or existing sectoral mediation bodies, or to any other alternative dispute resolution method (for example, conciliation).

In accordance with the provisions of the Consumer Code relating to the amicable settlement of disputes, the customer may request a mediator free of charge to resolve a dispute.

If no amicable solution is found, the client may refer the matter to the competent mediator, namely:
CM2C
49 Rue de Ponthieu
75008 Paris
Email: cm2c@cm2c.net
Phone: 01 89 47 00 14

The mediator will handle the request and propose an appropriate solution within a reasonable time.

In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution (ODR) platform, allowing for out-of-court resolution of online disputes between consumers and professionals in the European Union. This platform is accessible at the following address:
https://webgate.ec.europa.eu/odr/

ARTICLE 14: ENTRY INTO FORCE AND UPDATE OF THE GENERAL TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale came into force on date to be inserted . They may be modified at any time, and the modifications will be immediately applicable upon their publication on the website (to be inserted)

The last update took place on date to be inserted. We encourage our customers to regularly consult this page to stay informed of the latest versions of the General Terms and Conditions of Sale.

Produced on https://www.legalplace.fr

APPENDIX I

Withdrawal Form

Date___________________

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on (site to be inserted), except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.

To the attention of Maison Lola, represented by DERET LAURA

I hereby notify my withdrawal from the contract for the following goods:

– Order placed on (indicate date)

–  Order number: ………………………………………………………..

–  Customer name: ……………………………………………………………………

–   Customer address: ………………………………………………………………..

Customer signature (only if this form is submitted in hard copy)