General Terms and Conditions of Sale
 

Preamble

These general terms and conditions of sale apply to all sales concluded on the website lilly-skin.com

 

The website www.lilly-skin.com is a service of:

• Ecommerce Performance BV
• located at Mercuriusweb 26, 2516AW, THE HAGUE (NL)
• website URL: www.lilly-skin.com
• e-mail: info@lilly-skin.com

The website lilly-skin.com sells the following products: Eco-friendly makeup accessories

The customer declares having read and accepted the general terms and conditions of sale prior to placing their order. Validation of the order therefore implies acceptance of the general terms and conditions of sale.

 

Article 1 - Principles

These general terms and conditions express the entirety of the parties' obligations. In this sense, the buyer is deemed to accept them without reservation.

These general terms and conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible on the website lilly-skin.com and will prevail, where applicable, over any other version or other contradictory document.

The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are posted online.

If a term of sale were to be missing, it would be considered to be governed by the practices in force in the distance selling sector for companies with their headquarters in France.

These general terms and conditions of sale are valid until 12/31/25

 

 

Article 2 - Content

The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website lilly-skin.com. These conditions concern only purchases made on the lilly-skin.com site and delivered exclusively in metropolitan France or Corsica. For any delivery in the French Overseas Territories (DOM-TOM) or abroad, please send a message to the following e-mail address: info@lilly-skin.com

These purchases concern the following products: Reusable makeup remover pads with accessories and silk ranges.

 

Article 3 - Pre-contractual information

The buyer acknowledges having been informed, prior to placing their order and concluding the contract, in a readable and understandable manner, of these general terms and conditions of sale and all the information listed in Article L. 221-5 of the Consumer Code.

 

The following information is transmitted to the buyer in a clear and understandable manner:

- the essential characteristics of the good;

- the price of the good and/or the method of calculating the price

- and, if applicable, all additional transport, delivery, or postal costs and all other potential costs payable.

- in the absence of immediate execution of the contract, the date or the deadline by which the seller undertakes to deliver the good, regardless of its price;

- information relating to the identity of the seller, their postal, telephone, and electronic contact details, and their activities, those relating to legal guarantees, the functionalities of the digital content and, if applicable, its interoperability, the existence and implementation methods of guarantees, and other contractual conditions.

 

Article 4 - The order

The buyer has the option to place their order online, from the online catalog and using the form provided, for any product, within the limits of available stocks.

The buyer will be informed of any unavailability of the product or good ordered.

For the order to be validated, the buyer must accept these general terms and conditions by clicking where indicated. They must also choose the address and delivery method, and finally validate the payment method.

The sale will be considered final:

- after the seller sends the buyer confirmation of acceptance of the order by e-mail;

- and after the seller has received full payment of the price.

Any order constitutes acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur in the context of a possible exchange and the guarantees mentioned below.

In certain cases, notably non-payment, incorrect address, or other problems on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

For any question relating to the tracking of an order, the buyer must send an email to the seller at the following address: info@lilly-skin.com

 

Article 5 - Electronic signature

Providing the bank card number online and the final validation of the order will constitute proof of the buyer's agreement:

- eligibility of the sums due under the order form,

- signature and express acceptance of all operations performed.

In the event of fraudulent use of the bank card, the buyer is invited, upon discovering such use, to contact the seller by email at info@lilly-skin.com

 

Article 6 - Order confirmation

The seller provides the buyer with a copy of the contract via e-mail.

 

Article 7 - Proof of the transaction

The computerized records, stored in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders, and payments made between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as evidence.

 

Article 8 - Product information

The products governed by these general terms and conditions are those that appear on the seller's website and are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred regarding this presentation, the seller's liability cannot be engaged.

Product photographs are not contractual.

 

Article 9 - Price

The seller reserves the right to modify its prices at any time but undertakes to apply the rates in force indicated at the time of the order, subject to availability on that date.

Prices are indicated in euros. They do not include delivery costs, which are billed additionally and indicated before the order is validated. If the chosen delivery is fast delivery to the home or a relay point, the prices take into account the VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. If the "EcoGreen (8-14 business days)" shipping method is chosen, then the VAT is due by the customer, who is considered the importer.

If one or more taxes or contributions, including environmental ones, were to be created or modified, whether upwards or downwards, this change could be reflected in the selling price of the products.

 

Article 10 - Method of payment

This is an order with an obligation to pay, which means that placing the order implies a payment by the buyer.

To pay for their order, the buyer has the choice of all the payment methods made available by the seller and listed on the seller's site. The buyer guarantees to the seller that they have the authorizations potentially necessary to use the payment method chosen by them when validating the order form. The seller reserves the right to suspend any order processing and any delivery in the event of refusal of authorization for payment by bank card by officially accredited bodies or in the event of non-payment. The seller specifically reserves the right to refuse to make a delivery or honor an order emanating from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is currently being managed.

 

1. The price is paid in full on the day of the order, according to the following methods: by payment card, by PayPal,

 

 

 

Article 11 - Product availability - Refund - Termination

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the site's homepage, the shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

For deliveries in Metropolitan France and Corsica, the time is 7 days from the day following the day the buyer placed their order, according to the following methods: Tracked standard delivery. At the latest, the deadline will be 30 working days after the conclusion of the contract.

For deliveries to the DOM-TOM or another country, the delivery methods will be specified to the buyer on a case-by-case basis.

In the event of failure to respect the agreed delivery date or deadline, the buyer must, before terminating the contract, enjoin the seller to execute it within a reasonable additional period.

Failing execution at the end of this new period, the buyer may freely terminate the contract.

The buyer must perform these successive formalities by registered letter with acknowledgment of receipt or by a written document on another durable medium.

The contract will be considered terminated upon receipt by the seller of the letter or document informing them of this termination, unless the professional has executed it in the meantime.

The buyer may, however, immediately terminate the contract if the dates or deadlines mentioned above constitute an essential condition of the contract for them.

In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, no later than 14 days following the date on which the contract was terminated.

In the event of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the choice of requesting either a refund of the sums paid no later than 14 days after their payment, or an exchange of the product.

 

Article 12 - Delivery methods

Delivery means the transfer to the consumer of physical possession or control of the good. The ordered products are delivered according to the methods and deadlines specified above.

The products are delivered to the address indicated by the buyer on the order form; the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, upon request, obtain the sending of an invoice to the billing address and not to the delivery address by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the carrier will leave a delivery notice in the mailbox, which will allow the package to be collected at the location and within the timeframe indicated.

If at the time of delivery, the original packaging is damaged, torn, or open, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery slip (package refused because open or damaged).

The buyer must indicate on the delivery slip any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken products, etc.) in the form of handwritten reservations accompanied by their signature.

This verification is considered performed once the buyer, or a person authorized by them, has signed the delivery slip.

The buyer must then confirm these reservations to the carrier by registered letter no later than two working days following receipt of the item(s) and transmit a copy of this letter by fax or simple letter to the seller at the address indicated in the legal notices of the site.

If the products need to be returned to the seller, they must be subject to a return request to the seller within 14 days of delivery. Any claim made outside this period cannot be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions...).

 

Article 13 - Delivery errors

The buyer must formulate with the seller, on the very day of delivery or at the latest the first working day following delivery, any claim of delivery error and/or non-conformity of the products in kind or in quality compared to the indications appearing on the order form. Any claim made beyond this deadline will be rejected.

The claim may be made, at the buyer's choice:

- e-mail address: info@lilly-skin.com

Any claim not made in the rules defined above and within the time limits will not be taken into account and will release the seller from any responsibility towards the buyer.

Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and communicate it by e-mail to the buyer. The exchange of a product can only take place after the assignment of the exchange number.

In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by Colissimo Recommandé, to the following address: Ecommerce Performance, Mercuriusweg 26, 2516AW, THE HAGUE, NETHERLANDS (NL). Return costs are borne by the seller.

 

Article 14 - Product warranty

Legal guarantee of conformity and legal guarantee against hidden defects

 

Lilly Skin guarantees the conformity of the goods with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the guarantee against defects of the item sold within the meaning of Articles 1641 et seq. of the Civil Code. In the event of implementation of the legal guarantee of conformity, it is recalled that:

- the buyer has a period of 100 days from the delivery of the good to act;

- the buyer may choose between the repair or the replacement of the good, subject to the cost conditions provided for by Article L. 217-17 of the Consumer Code;

- the buyer does not have to provide proof of the non-conformity of the good during the 100 days in the case of new goods, following the delivery of the good.

Furthermore, it is recalled that:

- the legal guarantee of conformity applies independently of the commercial guarantee indicated below;

- the buyer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this hypothesis, they may choose between the termination of the sale or a reduction in the price in accordance with Article 1644 of the Civil Code.

 

 

Article 15 - Right of withdrawal

Application of the right of withdrawal

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.

Returns must be made in their original state and complete (packaging, accessories, instructions...) allowing their re-marketing in new condition, accompanied by the purchase invoice.

Damaged, soiled, or incomplete products are not accepted.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other mode of declaration of withdrawal is accepted. It must be unambiguous and express the desire to withdraw.

In the event of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the delivery costs are refunded.

Return costs are borne by the buyer.

The exchange (subject to availability) or the refund will be made within 5 days, and no later than 14 days from receipt by the seller of the products returned by the buyer under the conditions provided above.

 

Exceptions

According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
- for the supply of goods whose price depends on fluctuations in the financial market which are beyond the professional's control and which may occur during the withdrawal period;

- for the supply of goods made to the consumer's specifications or clearly personalized;

- for the supply of goods which are liable to deteriorate or expire rapidly;
- for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- for the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
- for the supply of alcoholic beverages where the delivery is deferred beyond thirty days and where the value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the professional's control;
- for urgent maintenance or repair work to be carried out at the consumer's home and expressly requested by them, within the limit of spare parts and work strictly necessary to address the emergency;
- for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- for the supply of a newspaper, periodical, or magazine, except for subscription contracts for these publications;
- for the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer's prior express consent and express waiver of their right of withdrawal.

Article 16 - Force majeure

Any circumstances beyond the parties' control that prevent the performance of their obligations under normal conditions are considered grounds for exemption from the parties' obligations and result in their suspension.

The party invoking the circumstances mentioned above must immediately notify the other party of their occurrence, as well as their cessation.

All irresistible, external, unforeseeable, and unavoidable facts or circumstances, beyond the parties' control, which cannot be prevented by the latter despite all reasonably possible efforts, shall be considered cases of force majeure. Expressly, in addition to those usually recognized by the jurisprudence of French courts and tribunals, the following are considered cases of force majeure or fortuitous events: blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunication networks, or difficulties specific to telecommunication networks external to the clients.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, these general terms and conditions may be terminated by the injured party.

Article 17 - Intellectual property

The content of the website remains the property of the seller, who is the sole holder of the intellectual property rights to this content.

Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.

Article 18 - Data Protection

Personal data provided by the buyer is necessary for the processing of their order and the preparation of invoices.

It may be communicated to the seller's partners responsible for the execution, processing, management, and payment of orders.

The processing of information communicated via the website lilly-skin.com complies with the General Data Protection Regulation (GDPR) which came into effect on May 25, 2018.

The buyer has a permanent right of access, modification, rectification, and opposition regarding information concerning them. This right may be exercised under the conditions and according to the procedures defined on the Marque Avenue website.

Article 19 - Partial non-validation

If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, a regulation, or following a final decision of a competent jurisdiction, the other stipulations will retain their full force and scope.

Article 20 - Non-waiver

The fact that one of the parties does not avail themselves of a breach by the other party of any of the obligations referred to in these general terms and conditions cannot be interpreted for the future as a waiver of the obligation in question.

Article 21 - Title

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be declared non-existent.

Article 22 - Language of the contract

These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

Article 23 - Mediation

The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in case of a complaint.

Article 24 - Applicable law

These general terms and conditions are subject to the application of French law. The competent court is the district court for disputes with an amount less than or equal to €10,000 or the high court for disputes with an amount greater than €10,000.

This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer will first contact the seller to obtain an amicable solution.

Article 25 - Protection of personal data

Collected data:

The personal data collected on this site are as follows:

Account opening: when creating the user's account, their surname, first name, email address; phone number; postal address;

Connection: when the user connects to the website, it records, in particular, their surname, first name, connection data, usage, location, and data related to payment.

Profile: the use of the services provided on the website allows for filling in a profile, which may include an address and a phone number.

Payment: in the context of the payment for products and services offered on the website, it records financial data relating to the user's bank account or credit card.

Communication: when the website is used to communicate with other members, data concerning the user's communications are subject to temporary storage.

Cookies: cookies are used in the context of the use of the site. The user has the possibility to disable cookies from their browser settings.

Use of personal data

The personal data collected from users is intended for the provision of the website's services, their improvement, and the maintenance of a secure environment. More specifically, the uses are as follows:

- access and use of the website by the user;

- management of the operation and optimization of the website;

- organization of the terms of use of the Payment Services;

- verification, identification, and authentication of the data transmitted by the user;

- offering the user the possibility to communicate with other users of the website;

- implementation of user support;

- personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;

- prevention and detection of fraud, malware (malicious software) and management of security incidents;

- management of potential disputes with users;

- sending of commercial and advertising information, according to the user's preferences.

Sharing of personal data with third parties

Personal data may be shared with third-party companies, in the following cases:

- when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has contracts;

- when the user publishes, in the free comment areas of the website, information accessible to the public;

- when the user authorizes a third-party website to access their data;

- when the website uses the services of service providers to provide user support, advertising, and payment services. These providers have limited access to the user's data, in the context of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable personal data protection regulations;

- if required by law, the website may carry out the transmission of data to respond to claims presented against the website and to comply with administrative and judicial procedures;

- if the website is involved in a merger, acquisition, asset sale, or bankruptcy proceeding, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.

Security and confidentiality

The website implements organizational, technical, software, and physical measures regarding 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 website cannot guarantee the security of the transmission or storage of information on the internet.

Implementation of user rights

In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: info@lilly-skin.com

• the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, the website may request proof of the user's identity to verify its accuracy.
• the right of rectification: if the personal data held by the website are inaccurate, they can request the update of the information.
• the right to delete data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
• the right to limit processing: users can ask the website to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.
• the right to object to the processing of data: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
• the right to portability: they can request that the website provide them with the personal data provided to it to transmit them to a new website.

Evolution of this clause

The website reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the modification by email, within a minimum period of 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account.

Annex:

Withdrawal form

(to be completed by the consumer,

and to be sent by registered letter with acknowledgment of receipt,

within the maximum period of 14 days following the date of conclusion of the service contract)

Withdrawal form For the attention of: Lilly Skin / Ecommerce Perfomance BV located at: Mercuriusweg 26, 2516AW, THE HAGUE, NETHERLANDS email address: info@lilly-skin.com I hereby notify you of my withdrawal from the contract relating to the service provided, ordered on: ......... First name and last name of the consumer: ................. Consumer's address: ................. Date: .................. Consumer's signature

_________________________________________________________________________

Annexes

Consumer Code

Article L. 217-4: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

They are also liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation when the contract made them responsible for it or it was carried out under their responsibility.”

Article L. 217-5: “The goods are in conformity with the contract:

1° If they are fit for the purpose usually expected of similar goods and, where applicable:

- if they correspond to the description given by the seller and possess the qualities that they presented to the buyer in the form of a sample or model;

- if they present the qualities that a buyer can legitimately expect given the public declarations made by the seller, the producer, or their representative, particularly in advertising or labeling;

2° Or if they present the characteristics defined by common agreement between the parties or are fit for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.”

Article L. 217-6: “The seller is not bound by the public declarations of the producer or their representative if it is established that they were not aware of them and could not legitimately have been aware of them”.

Article L. 217-7: “The lack of conformity that appears within a period of twenty-four months from the delivery of the goods is presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods sold, this period is set at six months. The seller can rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.”

Article L. 217-8: “The buyer is entitled to demand the conformity of the goods with the contract. However, they cannot contest conformity by invoking a defect they knew about or could not have been unaware of when they contracted. The same applies when the defect has its origin in materials that they provided themselves.”

Article L. 217-9: “In case of lack of conformity, the buyer chooses between the repair and the replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. They are then obliged to proceed, unless impossible, according to the method not chosen by the buyer.”

Article L. 217-10: “If the repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and have part of the price returned. The same option is available to them: 1° If the solution requested, proposed, or agreed upon in application of Article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for them considering the nature of the goods and the use they are seeking. The rescission of the sale cannot, however, be pronounced if the lack of conformity is minor.”

Article L. 217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not prevent the awarding of damages.

Article L. 217-12: “The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.”

Article L. 217-13: "The provisions of this section do not deprive the buyer of the right to bring an action resulting from latent defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or non-contractual nature recognized by law."

 

Article L. 217-14: "The right of recourse may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the Civil Code.

 

Article L. 217-15: "A commercial warranty means any contractual commitment by a professional to the consumer for the purpose of refunding the purchase price, replacing or repairing the good, or providing any other service in relation to the good, in addition to their legal obligations to guarantee the conformity of the good.
The commercial warranty is subject to a written contract, a copy of which is given to the buyer.
The contract specifies the content of the warranty, the procedures for its implementation, its price, its duration, its territorial scope, as well as the name and address of the guarantor.
Furthermore, it must clearly and precisely state that, independently of the commercial warranty, the seller remains bound by the legal warranty of conformity mentioned in Articles L. 217-4 to L. 217-12 and the warranty relating to defects in the item sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of Articles L. 217-4, L. 217-5, L. 217-12, and L. 217-16, as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code, shall be reproduced in full in the contract.
In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to rely on it."

 

Article L. 217-16: “When the buyer requests from the seller, during the course of the commercial warranty granted upon the acquisition or repair of a movable good, a restoration to working order covered by the warranty, any period of immobilization of at least seven days shall be added to the remaining duration of the warranty.

This period runs from the date of the buyer's request for intervention or the date the item in question is made available for repair, if such availability is subsequent to the request for intervention.”

 

Civil Code

Article 1641: “The seller is bound by a warranty on account of the latent defects of the item sold which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would only have given a lesser price for it, had they known of them.”

 

Article 1648: “The action resulting from latent defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent vices or non-conformities.”