Terms and Conditions of Sale – lilipoints.com
These Terms of Sale are concluded between:
LLP, with its registered office at 26, rue de Boud’huile, registered in the Nîmes Trade and Companies Register under number RCS 482 167 228, email: contact@lilipoints.com,
and any individual or legal entity wishing to make a purchase through the website www.lilipoints.com.
The Terms of Sale in effect at the time the order is placed will apply. By placing an order on the website, the CLIENT fully accepts these General Terms and Conditions of Sale without any restriction or reservation.
Article 1 – Subject of the Agreement
These Terms of Sale aim to define the contractual relationship between LLP and the buyer, as well as the conditions applicable to any purchase made through the online store lilipoints.com.
By purchasing items through this website, the buyer fully and unconditionally accepts these Terms of Sale.
Any contract resulting from an order placed under these Terms of Sale is governed by distance selling regulations, in particular those set out in the Consumer Code, as well as by the specific provisions outlined below.
LLP reserves the right to modify its Terms of Sale at any time. In such cases, the Terms applicable will be those in effect on the date the buyer places the order. Except in cases explicitly provided for in these Terms of Sale, the order form electronically signed by the buyer through the “click to confirm” constitutes a firm order and may only be withdrawn under the conditions set out in Article 8 below.
The “cart” represents the total of the product(s) and shipping fees.
Article 2 : Essential Characteristics of Products
The essential characteristics of the items offered are as follows: their name, type, quantity, and specific features, all of which are detailed in the online catalog. In any case, product images are provided for illustrative purposes only, as colors may vary depending on the quality of the camera, the upload to the website, and the buyer’s screen display. These images cannot hold LLP liable to the buyer. LLP cannot guarantee an exact match with the sold product, particularly regarding colors and shades.
Availability: Products shown in the online catalog are in stock at the time of the order, unless otherwise indicated. If an item is out of stock, it will be ordered from our suppliers as quickly as possible.
LLP reserves the right not to process a payment and therefore not to confirm an order for any reason, particularly in cases of supply or foreseeable delivery issues at the time of the order. The customer will be informed by any appropriate means within a reasonable timeframe. No compensation shall be due in the event of non-fulfillment or partial fulfillment of an order.
Article 3 – Pricing and Sales Regions
The price for each product listed in the online catalog is indicated in euros, including all taxes. The price guaranteed to the buyer is the one shown in the online catalog on the date of purchase. The full price must be paid at the time of the order.
LLP reserves the right to modify its prices at any time. However, the price shown in the catalog (shopping cart) on the day of the order shall be the only price applicable to the buyer. Prices may be temporarily reduced during promotional campaigns, and the total cart may also be reduced by previously earned loyalty points, according to the rules in effect at the time of the order.
Product prices do not include shipping and delivery fees for the regions specified by LLP.
Outside of France, an additional charge applies, calculated according to the destination country. In all cases, the shipping cost shown in the shopping cart is the only contractual amount. Any customs duties or other taxes required by the laws of the delivery country are the responsibility of the customer and must be paid upon receipt of the order in accordance with the regulations in force in their country. At no time shall payment or related information fall under the responsibility of the seller.
Prior to placing any order, the customer may contact LLP to obtain information about the PRODUCTS and to request assistance in purchasing supplies for a model sold on the website. This assistance is provided for advisory purposes only and does not engage LLP’s liability.
Article 4 – Order Acceptance
The buyer’s acceptance of the offer is confirmed by validating the shopping cart and all required information in the online catalog through a “click to confirm” action. The information to be provided by the buyer includes: First Name, Last Name, Delivery Address, and Email.
The order placed by the buyer will be confirmed in writing by the seller via email. Any order submitted with an invalid email address will be canceled. More generally, any missing or incomplete information will result in the cancellation of the order.
Article 5 – Payment Terms
The buyer must pay the full amount of their order using one of the payment methods offered on the website. By confirming the order, the buyer guarantees to the seller that they are in good standing with the issuer of the chosen payment method. Shipment of the goods will only occur once full payment has been received.
Payment can be made via Check, Credit Card, Bank Transfer, or PayPal.
For payments made by check or bank transfer, the order confirmation constitutes a payment obligation, and the Customer must complete the payment within a reasonable timeframe.
In the event of an unusually delayed payment, LLP will contact the Customer. If there is no response, the order will be canceled. If the payment is later received by LLP and the items are no longer available, no claims can be made, and a credit note will be issued.
Any bank transfer fees are the responsibility of the Customer.
Credit Card and PayPal Payments
Credit card payments are fully secured through our banking partner, PayPlug. No banking information or data is shared with the seller, except for the transaction amount and confirmation. For more information, you can visit the PayPlug website.
For payments via PayPal, the customer may complete the order in accordance with PayPal’s Terms of Sale. Payment is processed through PayPal’s secure transaction platform.
PayPal payments do not grant any automatic authorization for future payments. In all cases, it is the customer’s responsibility to ensure that payment authorizations are correctly configured in their PayPal account.
Article 6 – Delivery Charges
Shipping costs are calculated automatically based on the weight of the PRODUCTS and packaging, as well as the destination country. They are determined according to the current French postal rates at the time the order is placed.
LLP reserves the right to modify shipping rates at any time without prior notice. The weights of items are estimated as accurately as possible; any billing error may result in a refund or an additional charge to be paid by the customer in the event of an obvious error in the ordering process.
Shipping charges are based on the DELIVERY address. If the CUSTOMER makes an error that is detected before shipment, additional shipping costs will be charged and must be paid to allow delivery.
Any fees or taxes due in a country other than France are the responsibility of the CUSTOMER.
Article 7 – Delivery
The ordered product is primarily shipped via La Poste using tracked mail, Colissimo, or Mondial Relay, with delivery coordinated to the most suitable Relay Point. For shipments outside France, delivery is made to the address provided by the buyer in the order.
Delivery times are not guaranteed. In the event of a stock shortage, the 10-day delivery period is indicative only, and the seller cannot be held responsible for any delays beyond this timeframe. Furthermore, delays—particularly for orders paid by bank transfer or check—caused by force majeure, such as severe weather preventing deliveries, do not entitle the buyer to cancel the order, request a price reduction, or claim any damages.
If delivery times exceed thirty days from the date of the order, the sales contract may be terminated, and the buyer will be refunded.
LLP is fully responsible to the consumer for the proper fulfillment of obligations arising from the distance sales contract, whether these obligations are carried out by LLP itself or by other transport professionals (La Poste, Mondial Relay, or another service provider), without prejudice to its right of recourse against them.
However, LLP may be exempt from all or part of its liability by proving that the non-performance or improper performance of the contract is due to the consumer, to an unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.
All risk of loss or damage to the goods transfers to the consumer at the moment when the consumer, or a third party designated by them (other than the carrier appointed by LLP), takes physical possession of the goods.
Shipments are suspended during periods when the shop is closed for holidays or unforeseen and exceptional personal events, with the dates indicated on the shop’s homepage.
Article 8 – Force Majeure Events
Events considered as force majeure, which release LLP from any obligation to perform, are those that are both unforeseeable, irresistible (insurmountable), and external to the parties of the contract. These include civil or foreign war, riots, acts of terrorism, total or partial destruction of premises or other property, sudden weather conditions (natural disasters), and customs measures of any kind or origin.
A fault attributable to the consumer or an unforeseeable and insurmountable act of a third party to the contract also exempts LLP from liability.
Article 9 – Cancellation and Returns
Under Article L121-18 of the Consumer Code, the customer has a period of 14 full days from the delivery of their order to return the product to LLP at their own expense. The withdrawal form is attached to these General Terms and Conditions of Sale and can also be downloaded from the website Service-Public.fr/formulaire de rétractation.
The product, which must be returned with a copy of the invoice, will be exchanged or refunded. Except in the case of a defective product, the returned item must not have been damaged. It must be returned complete, in sealed packaging, in good condition, and with all its accessories.
This right of withdrawal does not apply to embroidery patterns due to their easily reproducible nature.
Returns must be sent by registered mail after LLP’s explicit approval. Cash on delivery shipments will not be accepted.
Article 10 – Product Warrant
All products supplied by the seller are covered by the statutory warranty provided for in Articles 1641 et seq. of the Civil Code. In the event of a non-conforming product, it may be returned to the seller, who will either take it back, exchange it, or refund it.
All claims, requests for exchange, or refunds must be made by postal mail to the following address: LLP, 26 rue de Boud’huile – 30131 PUJAUT, France, within thirty days of delivery.
Article 11 – Customer Data / Personal Information
For the purposes of processing orders and for promotional or event-related communications, personal information is requested.
In accordance with Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, the buyer has the right to access and correct their personal data at any time. LLP undertakes not to disclose this information to third parties. A declaration will be made to the CNIL, with a registration number, if required by applicable regulations.
Article 12 – Governing Law
This contract is governed by French law, in particular Articles L. 121-1 to L. 121-16 of the Consumer Code.
In accordance with the Data Processing, Files, and Freedoms Law of January 6, 1978, personal information relating to buyers may be subject to automated processing. This data will not be disclosed by LLP. Buyers have the right to access and correct their personal data in accordance with the January 6, 1978 law.
LLP will archive order forms and invoices on a reliable and durable medium, constituting a faithful copy, in accordance with the provisions of Article 1348 of the Civil Code. LLP’s records will be considered by both parties as proof of communications, orders, payments, and transactions between the parties.
EU General Data Protection Regulation (GDPR 2016/679)
LLP processes personal data and is subject to the provisions of European Regulation 2016/679 of April 27, 2016, supplemented by the French Data Protection Act (revised by the ordinance of December 12, 2018) and applicable from June 1, 2019 (Decree 2019-536).
LLP is responsible for the processing of personal data, except for cases where only a link to a third-party service is provided.
Website users have the rights provided under the European General Data Protection Regulation (GDPR), including the rights of access, objection, rectification, and erasure (subject to conditions).
LLP has appointed a Data Protection Officer (DPO), who serves as the official contact for any questions regarding the exercise of the rights of individuals affected by data processing.
For any questions regarding your personal data or to exercise your rights, you may contact the publication officer listed below:
Publication Officer:
LLP
26 rue de Boud’huile
30131 PUJAUT, France
Publication Director: Caroline Cantieni
Article 13 :
Late Payment Penalties
The law requires us to inform you of penalties in the event of late payment. The rate applied will be the mandatory minimum rate of 1.5 times the legal interest rate in effect at the time of the order.
Penalties are due automatically, without any reminder being required. They accrue by operation of law from the day following the payment date indicated on the invoice.
Article 14 – Resolution of Disputes
In the event of a dispute, the buyer should first contact LLP in order to reach an amicable solution. The seller’s failure to invoke a breach of any obligation on the part of the buyer, as governed by these General Terms and Conditions of Sale, shall not be interpreted as a waiver of that obligation in the future, nor shall it affect the buyer’s right to later rely on such a breach.
If no amicable solution is reached, recourse to a mediator is possible.
In accordance with Articles L611-1 et seq. and R612-1 et seq. of the Consumer Code, it is provided that for any contractual dispute regarding the performance of the sales contract and/or the provision of services that cannot be resolved through a claim previously submitted to our customer service, the consumer may use mediation free of charge.
The consumer may contact the Consumer Mediation Center of Justice Conciliators (CM2C) either by mail at 49 Rue de Ponthieu, 75008 Paris, France, or by email by completing the online submission form at:
https://www.cm2c.net/contact.php
The consumer may also visit the European Online Dispute Resolution (ODR) platform.
The following website, https://www.economie.gouv.fr/mediation-conso, also provides all useful information in the event of a cross-border dispute.
Article 15 :
Retention of Title
LLP retains full ownership of the SOLD PRODUCTS until full payment of all amounts due under the customer’s order, including all fees and taxes.
Article 16 – Special Clause for Counted Stitch Patterns
The CUSTOMER agrees not to distribute the patterns on the internet or any other medium. In accordance with Articles L121-1 et seq. of the Intellectual Property Code, LLP is the sole owner of the reproduction rights of its creations.
Except for a single backup copy for strictly personal use, and while proving ownership of the original, the CUSTOMER is strictly prohibited from providing copies of the patterns, whether for payment or free of charge, to anyone.
In the event of a violation, a complaint will be filed with the Nîmes District Court.
By completing the transaction and accepting these General Terms and Conditions of Sa
Appendix: Withdrawal Form (Sample Template)
Template: Withdrawal from a Distance Purchase (online, by mail order, TV shopping, or by phone)
To the attention of ……………………………………….. [the business inserts here its name, physical address, and, if available, its fax number and email address]:
I/we () hereby notify () my/our () withdrawal from the contract for the sale of the goods () / the provision of the services (*) listed below:
Ordered on () / Received on ():
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is submitted on paper):
Date :
(*) Delete what is unnecessary.