GENERAL TERMS AND CONDITIONS OF SALE
FROM THE LOVE IS LIKE A ROSE SHOWROOM WORKSHOP / LILAR Paris

 

You are currently in the physical shop, hereinafter referred to as the ‘Showroom’, of SAS L.ILA.R, 205 Rue Saint-Honoré, 75001 Paris – SIRET 82424779500019, which sells wedding dresses, evening dresses and bespoke suits for women, men, children, ready-to-wear clothing, accessories and shoes (hereinafter ‘the Products’).

These General Terms and Conditions of Sale (‘GTC’) govern the rights and obligations of the Buyer, a consumer within the meaning of the provisions of the Consumer Code, hereinafter referred to as the ‘Buyer’ ’ or ‘Customer’, and the seller, hereinafter referred to as ‘SAS L.ILA.R’ or ‘Seller’, in respect of all purchases made and paid for directly at the Showroom in the presence of the Buyer and the Seller.

Customers are free to view the Terms and Conditions at the Showroom prior to making any purchase or on the LOVE IS LIKE A ROSE / LILAR Paris website: www.lilar-paris.com

Article 1 – Scope – Amendments to the General Terms and Conditions of Sale

The Customer declares that they have obtained from the Purchaser all the necessary information relating to the Products and accepts these Terms and Conditions of Sale without reservation.

These Terms and Conditions form the basis of the contractual relationship between each Customer and the Seller. Customers are therefore advised to keep a copy of them. These terms and conditions apply, to the exclusion of all other terms and conditions of sale and any other document issued by the Seller, to all purchases made directly within the Showroom, in the presence of the Buyer and the Seller.

Acceptance of the Terms and Conditions implies acceptance of all the clauses contained therein, and the Customer may not choose to apply only part of the Terms and Conditions or express any reservations. Prior to making any purchase or placing any order, the Customer declares that they have full legal capacity to enter into a contract under these Terms and Conditions.

The Seller reserves the right to amend these General Terms and Conditions of Sale at any time. However, the applicable General Terms and Conditions of Sale are those in force at the time the sale is concluded.

In the event that any provision of these Terms and Conditions is declared null and void or unenforceable by virtue of a law, a regulation or a judicial decision issued by a competent court, the remaining provisions shall remain valid and enforceable, unless this would render these Terms and Conditions of Sale meaningless or result in a significant imbalance in the obligations incumbent upon the parties.

Article 2 – Product prices and specifications

The Customer acknowledges and agrees that they have been informed of the essential characteristics of the Product(s) offered for sale in the Showroom, as well as their price, in accordance with Article L.111-1 of the Consumer Code.

Product prices are shown in the Showroom in euros, inclusive of all taxes.

The selling prices of the products are those displayed and in force at the time of purchase, excluding any transport and delivery charges.

The Customer acknowledges and agrees that the Seller offers a bespoke service or customisation of certain Products.

For ready-to-wear products that are made to measure or personalised by the Seller at the Customer’s request, the displayed price will be increased by 25 per cent of the displayed base price, inclusive of all taxes (TTC).

The bespoke service includes four fitting appointments:

• Fitting appointment no. 1: Taking the customer’s measurements.
• Fitting appointment no. 2: Fitting of the client’s bespoke dress in muslin or the first choice of fabric to determine the silhouette and any customisation requested as an additional option.
• Tailoring appointment no. 3: Fitting of the client’s bespoke outfit to make any necessary adjustments.
• Fitting session no. 4: Handing over the client’s dress.

The customer agrees that the seller may request a fifth appointment should this be necessary.

The customer undertakes to bring their final undergarments to the second fitting appointment (MOCK-UP) and their final shoes to the third fitting appointment (FIRST FABRIC FITTING).

The standard tailoring service includes 1 or 2 fitting appointments:

• Fitting appointment for the outfit ordered in a standard size.
• Fitting appointment for the outfit you ordered, following alterations.

Any request for additional customisation made during the bespoke service will result in a new order.

The customer undertakes to respect the confidentiality of the workshop and not to take photographs during tailoring appointments.

The customer undertakes to respect the workshop’s focus and to bring only one accompanying person to the first three tailoring appointments. The customer may once again bring up to three accompanying persons to the fourth appointment (RENDU).

The Seller cannot be held liable for any failure on the part of its textile suppliers (out-of-stock items or delayed deliveries).

The prices of the Products are subject to change at any time without notice.

However, the Products will only be invoiced at the price in force at the time of purchase.

Any delivery charges are payable by the Customer and are charged in addition to the price of the Products, regardless of the order value, based on the size and weight of the Product, the choice of carrier, the method of dispatch, and the destination chosen by the Customer from among the carriers offered by the Seller.

In the event of delivery outside France, which may be subject to any taxes and/or customs duties, such customs duties and any taxes shall be borne by the Customer and shall be the Customer’s responsibility. The Seller reserves the right to refuse delivery of the Products to certain areas that are difficult for the carrier to access.

Article 3 – Payment Terms

Payment for the Products is due (MANDATORY, NON-REFUNDABLE DEPOSIT) at the time of purchase in the Showroom. Payment may only be made using the following payment methods:

• Either in cash, up to a limit of 1,000 euros per purchase, if the Buyer is resident for tax purposes in France.
• Or by credit card. A signature on the credit card receipt is required for any purchase exceeding €1,500. The sale will be definitively confirmed once the bank has authorised the debit to the Seller. Should the bank refuse authorisation, no sale will be concluded.
• Either by cheque made payable to SAS L.ILA.R or Love Is Like A Rose. Only cheques issued by a bank based in mainland France or Monaco are accepted, except on the day of delivery of the order. The Seller requires Customers making payment by cheque to provide proof of identity by means of a valid official identity document bearing their photograph (such as a national identity card, passport or driving licence) in accordance with Article L.131-15 of the Monetary and Financial Code.

The Products delivered remain the property of the Seller until full payment has been made.

Failure to pay may result in the Products being reclaimed and the sale being terminated, or in debt recovery proceedings being initiated by means of a bailiff’s letter, with all the consequences that this entails.

Article 3.1 – Validity of the order

The seller undertakes to sell and make the outfits for a specific wedding or event date. The date stated shall be deemed to be the valid date.

The customer undertakes not to provide false information regarding their wedding or event. The date specified when the order is placed shall be deemed to be the correct one.

The customer accepts that the order cannot be carried over following the postponement or cancellation of a wedding or event.

The client agrees to pay an additional 25 per cent per year in the event of a postponement or cancellation of the wedding.

Article 4 – Advance payment

A deposit of 50 per cent or 25 per cent of the total order amount (including VAT) will be required for any order of a Product.

The customer acknowledges that payment in instalments does not correspond to the cost of the work already carried out by the workshop, but is a goodwill gesture. Consequently, the customer undertakes to pay the full amount of the order.

Orders for accessories and shoes that are not part of a wedding outfit must be paid for in cash.

Orders for accessories and shoes can no longer be cancelled in the same way as orders for wedding dresses, formal dresses and suits.

Article 5 – Rules and Regulations

The customer undertakes to pay for the order in full, even in the event of cancellation or postponement of a wedding or any other event, however significant.

The full amount of the invoice must be paid before delivery or on delivery of the product (subject to delivery)

Article 6 – Returns – Refunds

It is expressly stated that the Buyer has no statutory right of withdrawal insofar as they purchased the Product at the Seller’s showroom. For all our bespoke products, the right of withdrawal does not apply, in accordance with the provisions of Article L 121-20 of the Consumer Code, as amended by Order No. 2001-741 of 23 August 2001, which stipulates that the withdrawal period is seven (7) days, and the right of withdrawal is specifically excluded (Article 121-20.2, third paragraph) for contracts for the supply of goods that are clearly personalised or made to the consumer’s specifications, namely bespoke items and non-standard sizes. Consequently, no right of withdrawal shall be granted in respect of bespoke items (specific sizes, etc.). Any change in the Buyer’s measurements (weight loss, weight gain, change in body shape, pregnancy, etc.) must therefore, and without exception, result in the Buyer visiting the showroom again and incurring an associated additional charge; it being made clear that the seller cannot be held liable for an order for a personalised Product which has been, through the Buyer’s fault, made using a pattern that has become unsuitable due to a change in the Buyer’s measurements which had not been brought to the Seller’s attention.

Article 7 – Intellectual property

The Showroom and all its content, including but not limited to text, trade marks, designs, logos, graphics and other distinctive signs, are the property of the Seller or of third parties who have granted the Seller a right to use them. All of this is protected by intellectual property rights in accordance with the Intellectual Property Code. Any modification, representation or reproduction, in whole or in part, for any purpose other than private use is strictly prohibited, unless express prior authorisation has been granted by the Seller. This prohibition applies regardless of the medium, the method of reproduction, representation and/or modification, and regardless of the duration. Consequently, the Customer shall refrain from any action or conduct that may, directly or indirectly, infringe the intellectual property rights of the Seller or third parties.

Finally, in the event that the Customer is authorised by the Seller to reproduce or display Products protected by intellectual property rights, the Customer undertakes to respect the Seller’s moral rights and to acknowledge the Seller as the creator.

Article 8: Delivery

The Customer undertakes to collect the Products from the date specified on the Order summary. The Seller shall inform the Customer, by any means of communication, of any postponement of the date on which the Products are made available. When collecting the Products from the shop, the Customer must check the apparent condition of the Products and sign the corresponding ‘collection slip’:

• Or at the location specified by the Purchaser on the purchase order.
• Or at the location specified by the purchaser on the purchase order (subject to change)

Article 9: Personal data

9.1. Data controller – recipients of the data collected

: Processed by L.ILA.R, a simplified joint-stock company with a share capital of €500, whose registered office is situated at 205, rue Saint-Honoré, 75001 Paris, France. Its business consists of the bespoke design and online sale of ready-to-wear clothing, lingerie, footwear and accessories for weddings and formal occasions, for women, men and children, under the brand name LOVE IS LIKE A ROSE / LILAR.

Its contact details are: SIRET 824 247 795 00019, Tel: 01 42 61 36 09, Email: contact@lilar-paris.com.

Only certain employees in the Seller’s customer service and technical support departments, and authorised managers, process Users’ personal data for the purposes described in clause 9.2 below. These employees and authorised managers have access only to the data necessary for the performance of their duties.

The Seller may also engage the services of authorised and reliable subcontractors who may access, host and/or process certain Users’ personal data on the Seller’s behalf, in accordance with the Seller’s instructions, in compliance with the privacy policy, and which guarantee the security and confidentiality of Users’ personal data.

As the data controller, the Seller takes all necessary measures to safeguard the security and confidentiality of the data and, in particular, to prevent it from being damaged or accessed by unauthorised third parties. To this end, the Seller implements all technical and organisational measures to ensure an adequate level of security commensurate with the risks. Furthermore, the Seller ensures that our data processors comply with the rules on the protection of personal data.

9.2 Purposes of the processing carried out by the Seller

The data collected by the Seller is necessary for the delivery of the Products. The Seller may access Users’ personal data, retain it and share it with authorised third parties in response to a legal request (such as a court order or similar) or to comply with legal, regulatory, judicial or administrative obligations; to detect or prevent fraudulent activities in accordance with and in compliance with the law.

9.3 Fair collection of personal data – types of data

Your personal data is collected and processed on the following legal grounds:

• in connection with the performance of a contract of sale;
• for the purposes of a legitimate interest;
• on the basis of your consent;
• in order to ensure compliance with our legal and regulatory obligations.

Identity details: The delivery form must be completed in order for the Products to be delivered to the Customer’s home. The Customer must provide the following personal data:

• his first name
• his name
• their address
• his telephone number
• their email address.
• her wedding date

9.4 Statement of the Customer’s rights

In accordance with Law No. 78-17 of 6 January 1978, known as the ‘Data Protection Act’, and the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the ‘GDPR’), each Customer has the following rights:

• right of access;
• right to question;
• right to rectification;
• the right to erasure – this right may be exercised provided that it does not prejudice the performance of the contract or the Seller’s compliance with its legal and regulatory obligations;
• the right to restrict the processing of one or more sets of your personal data;
• the right to amend and/or withdraw, at any time, any consent relating to the processing of personal data based solely on the Customer’s consent;
• the right to object to the processing of personal data;
• the right to data portability
• the right to lodge a complaint with the Commission for Information Technology and Civil Liberties in the event of any difficulties.

Mindful of its Customers’ concerns, the Seller undertakes to respect the protection of personal data and to deal with such requests as promptly as possible. Customers may exercise their rights, subject to proving their identity, by sending a letter or an email to the following address:

By post: L.ILA.R, 205 Rue Saint-Honoré, 75001 PARIS By email: contact@lilar-paris.com

9.5 No disclosure of your personal data

The Seller does not pass on personal data to third parties.

9.6 Data retention

The Customer’s personal data is retained only for the period strictly necessary to fulfil the purposes for which it is collected and processed. However, the Customer’s personal data is retained for a longer period where the Seller is required to do so by legal and regulatory obligations. The Seller undertakes to use its best endeavours and all means at its disposal to ensure the optimum security of the data held.

9.7 Data transfer

The Customer expressly consents to their data being transferred to the Seller’s subcontractors, whether located within or outside the European Union, for the purpose of hosting the data processed by the Seller. The Seller guarantees that such transfers are carried out under conditions that ensure the confidentiality and security of the data and an adequate level of protection, in accordance with the provisions of Articles 68 and 69 of the French Data Protection Act and Articles 24 et seq. of the GDPR.

Article 10: Liability

Under no circumstances shall the Seller be held liable for any direct or indirect damage suffered by the Customer or a third party that is not directly attributable to the Seller alone, and in particular for any loss suffered as a result of the Customer’s improper use of the Product. The Seller shall not be held liable in the event of any failure, whether partial or total, by the Customer to comply with these Terms and Conditions of Sale.

SAS L.ILA.R shall not be held liable if the non-performance or delay in the performance of any of its obligations set out in these general terms and conditions of sale results from a force majeure event. In this context, force majeure refers to any external, unforeseeable and unavoidable event within the meaning of Article 1218 of the Civil Code.

Article 11: Guarantees

11.1. Warranty against hidden defects

The Seller is required to provide the statutory guarantee of conformity referred to in Articles L. 217-4 to L. 217-12 of the Consumer Code and the guarantee relating to defects in the goods sold, subject to the conditions set out in Articles 1641 to 1648 and 2232 of the Civil Code.

The Seller is liable under the warranty for latent defects in the goods sold which render them unfit for their intended purpose, or which so impair that use that the buyer would not have purchased them, or would have paid only a lower price for them, had they been aware of such defects (Article 1641 of the Civil Code).

Any claim arising from latent defects must be brought by the Customer within two years of the discovery of the defect (Article 1648(1) of the Civil Code).

The Customer must check the goods on receipt to ensure there are no obvious defects.

If the Customer does not make any complaint or raise any objection in this regard on the day of receipt of the Products, those Products may no longer be returned or exchanged, in accordance with the provisions of Article 1642 of the Civil Code.

In the event of an apparent defect in the Products delivered, which is noted by the Customer on the day of receipt, the Seller undertakes to replace the Products delivered with new products that are identical to those ordered. The costs incurred in collecting and delivering the new Products shall be borne exclusively by the Seller.

In accordance with the provisions of Articles 1641 et seq. of the Civil Code, the Seller guarantees against hidden defects in the Products, provided that the Customer is able to produce proof of purchase and that the defect was not apparent, existed at the time of purchase and renders theProduct(s) are unfit for the purpose for which the Customer intended them or significantly impair that use. Provided that the above conditions are met, the Customer may choose either to rescind the sale or to have the sale price reduced, in accordance with Article 1644 of the Civil Code.

11.2. Guarantee of conformity

The Seller is liable for any lack of conformity of the Product with the Order under the statutory guarantee of conformity referred to in Articles L. 217-4 to L. 217-12 of the Consumer Code. In accordance with the provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the Consumer Code:

• The Seller shall supply goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. The Seller shall also be liable for any lack of conformity resulting from the packaging;

• Goods are in conformity with the contract:

1. Whether it is fit for the purpose for which goods of a similar nature are ordinarily intended and, where applicable:

• If it corresponds to the description provided by the seller and possesses the qualities which the seller presented to the buyer in the form of a sample or model;

• If it possesses the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the manufacturer or their representative, in particular in advertising or on the labelling;

(2) Or if it possesses the characteristics agreed upon by the parties or is suitable for any special purpose sought by the Buyer, which has been brought to the Seller’s attention and which the Seller has accepted.

• The time limit for bringing a claim arising from a lack of conformity is two years from the date of delivery of the goods;

• where the Buyer requests the Seller, during the term of the commercial warranty granted to them upon the purchase or repair of movable property, to carry out repairs covered by the warranty, any period of downtime of at least seven days shall be added to the remaining term of the warranty. This period shall run from the date of the Buyer’s request for repair or from the date on which the item in question is made available for repair, if such handover takes place after the request for repair.

Article 12: Miscellaneous

In the event of a dispute between the Customer and the Seller, the Customer undertakes to contact the Seller by email contact@lilar-paris.com or by post to the address shown at the top of this document, in order to attempt to resolve any dispute amicably. Any dispute relating to the interpretation and performance of these general terms and conditions of sale shall be governed by French law.