Terms and Conditions

GENERAL CONDITIONS OF ONLINE SALE TO CONSUMERS

ARTICLE 1 - SCOPE OF APPLICATION AND PRE-CONTRACTUAL INFORMATION

These general terms and conditions of sale (the " GTC ") apply to sales of decorative posters, posters, watercolors, sketches and other products (the " Products ") made from the website www.lostinlanddesign.com (the " Website ") by Mrs. Elodie PERRIER (individual company " LOST IN LAND ") to consumer customers (the " Customer(s) ").

No special condition may, without prior written acceptance by LOST IN LAND, prevail over the T&Cs, so that any contrary conditions set by the Customer will, in the absence of prior written acceptance by LOST IN LAND, be unenforceable against the latter.

LOST IN LAND reserves the right to modify the T&Cs at any time, with the modifications then being applicable to orders placed after the modified T&Cs are posted online.

These General Terms and Conditions can be consulted on the Website and are also communicated for acceptance by the Customer during the process of ordering Products on the Website. Any order for Products therefore implies pure and simple acceptance of the General Terms and Conditions.

The Customer acknowledges having received, prior to ordering the Products, in a legible and comprehensible manner, these General Terms and Conditions and the information listed in Article L.221-5 of the Consumer Code and in particular the following information:

- information relating to the identity and full contact details of LOST IN LAND;

- the essential characteristics of the Products offered for sale;

- the price of the Products and the payment terms;

- the terms of delivery and processing of complaints;

- the terms of exercise of the legal guarantees relating to the Products;

- the conditions and procedures for exercising the right of withdrawal.

The T&Cs are written in French in their original version, which alone is authentic and takes precedence over any other version translated into a foreign language.

If any provision of the T&Cs is declared null or void on any legal basis by a Court or any other administration or authority, such decision will in no way affect the validity of the other provisions.

The fact of not exercising, at any time, a prerogative or a right recognized by the GTC, or of not requiring the execution of any stipulation hereof may not under any circumstances be interpreted, either as a modification of the contract, or as an express or tacit waiver by LOST IN LAND of the right to exercise said prerogative in the future, or of the right to require the scrupulous execution of the commitments made herein.

 

ARTICLE 2 - IDENTITY AND CONTACT DETAILS

Online sales of Products from the Website are offered and managed by LOST IN LAND. Any request or complaint regarding Products sold online must be addressed by the Customer directly to LOST IN LAND, whose contact details are provided below:

Identity: Mrs. Elodie PERRIER

Siret / VAT: 851 944 066 00014 / FR 65851944066 

Address: 15 Avenue Nationale – 40230 SAINT-VINCENT-DE-TYROSSE (FRANCE)

Website: www.lostinlanddesign.com

Phone: 07 64 42 67 97

Email : elodie.e.perrier@gmail.com

 

ARTICLE 3 - PRODUCTS – AVAILABILITY

3.1. Description of the Products

The Products and their characteristics (in particular dimensions and colours) are described on the website. It is recalled that the choice and purchase of the Products are the sole responsibility of the Customer. For any questions or additional requests, the Customer may contact the LOST IN LAND teams directly using the contact details referred to in Article 2 above.

3.2. Availability of Products

The Product offers and prices proposed by LOST IN LAND are valid as long as they are accessible on the Website and only within the limit of available stocks.

In the event of unavailability of the Product(s) ordered, the Customer will be informed by email, telephone or regular mail as soon as possible upon receipt and validation of the order. The Customer may then choose to request ( i ) either cancellation of the order and reimbursement of the price paid, ( ii ) or delivery of an equivalent or similar Product within the limit of available stocks, in return for the price paid, possibly increased by a price supplement or on the contrary reduced by a price reduction depending on the replacement Product chosen, to the exclusion of any other claim or compensation whatsoever.

ARTICLE 4 - ORDERS – FORMATION OF THE SALES CONTRACT

For any order of Products from the Website, the Customer must follow the following steps, the order of which may vary depending on updates and technical constraints of the Website.

1) Complete, according to the instructions displayed, the order form and in particular the information necessary to identify the Customer, their surname, first name, postal address, email address, delivery address, billing address, telephone number.

 

The Customer is responsible for the accuracy and completeness of the information provided and entered on the Website, such that LOST IN LAND cannot be held responsible for any failure to receive an email, delay and/or non-conformity of delivery linked to inadequacies or errors in the information entered.

2) Check the elements of the order and, if necessary, identify and correct any errors and omissions.

 

3) Validate the order, the total price including all taxes (TTC), as well as, where applicable, the processing and delivery costs mentioned when ordering.

 

4) Follow the payment instructions to pay the price including all taxes (TTC), including incidental charges.

 

5) The Customer then receives electronic confirmation of acceptance of payment of the order.

 

The Customer definitively validates his order, in view of a summary displayed on the screen, by clicking on the tab
dedicated to confirming payment to demonstrate commitment, knowledge and acceptance of the T&Cs and the purchase made.

At the end of the ordering process, the Customer is recommended to download, save and/or print the T&Cs, as well as the information relating to the order placed.

Once validated, the order is submitted to LOST IN LAND for processing and can no longer be cancelled or modified by the Customer, subject to the clauses relating to the right of withdrawal referred to in Article 7 below.

An order confirmation email summarizing the details of the order placed is sent to the Customer at the email address provided when ordering.

ARTICLE 5 - PRICE AND PAYMENT TERMS

5.1. Price

The prices of the Products are indicated on the Website as well as in the order confirmation sent at the end of the ordering process. The prices of the Products are indicated in euros (€) and are inclusive of all taxes (TTC) taking into account the VAT rate applicable on the day of the order.

Except in special cases mentioned when ordering, processing and delivery costs are the responsibility of the Customer and are indicated before validation of the order depending on the nature of the Products ordered and the shipping options chosen by the Customer.

For any sale made outside mainland France, the Customer assumes sole responsibility for the payment of all import duties and taxes that may be applicable.

LOST IN LAND reserves the right to modify its prices at any time, it being understood that orders for Products will be invoiced on the basis of the rates in effect at the time each order is recorded, as they will appear on the Website.

5.2. Payment terms

The price of the Products including all taxes (TTC) plus any processing and delivery costs is payable in euros (€) and must be paid in full on the day of the online order.

Payments are made by bank card through the payment system set up on the Website.

The price including all taxes (TTC) and all costs included for the Products ordered is immediately debited from the Customer's bank card after verification of the data on the card, upon receipt of the debit authorization from the company issuing the bank card used by the Customer.

The commitment to pay given by means of a payment card is irrevocable.

By communicating the information relating to his bank card, the Customer authorizes LOST IN LAND or its service provider to debit his bank card for the amount corresponding to the total price including all taxes (TTC) and all costs included for the Products ordered. To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his. The Customer communicates the sixteen (16) digits and the expiration date of his bank card as well as, where applicable, the numbers of the visual cryptogram.

In the event that the full price of the order is not paid by the Customer (regardless of the payment method chosen), the online sale will be immediately terminated by operation of law and the order cancelled, without the Customer being able to make any claim in this regard.

ARTICLE 6 - DELIVERY OF PRODUCTS AND TRANSFER OF RISKS

6.1. Withdrawal of the order – Delivery

The Customer has the option to choose to collect his order directly from the LOST IN LAND workshop located at the address indicated during the ordering process. In this case, LOST IN LAND will agree with the Customer on a date and time for collection.

In the case of delivery, the deadlines are determined according to the availability of stocks, the nature and volume of the order, the time taken to prepare and ship the order and the period of activity. In the context of the health crisis linked to the Covid-19 epidemic, the Customer is informed that these deadlines may vary, if necessary, due to external factors beyond the control of LOST IN LAND (postal services, carriers, etc.). LOST IN LAND nevertheless undertakes to make its best efforts to deliver the Products ordered within the agreed deadlines.

Except in cases of force majeure or unforeseen circumstances, if the Products are not delivered within the timeframes communicated by LOST IN LAND, the Customer may request in writing the termination of the sale under the conditions and in accordance with the terms of Articles L.216-2 and L.216-3 of the Consumer Code.

Any modification of the order accepted by LOST IN LAND will necessarily result in an extension of the delivery times. Similarly, the delivery of the Products may only be postponed at the request of the Customer with the prior written agreement of LOST IN LAND.

If the Customer fails to take delivery of the Products under the agreed conditions, LOST IN LAND may automatically pass on to the Customer all additional costs and expenses related to the re-routing and/or prolonged storage of the Products.

6.2. Transfer of risks

The transfer of risks that the Products may undergo or cause takes place at the time when the Customer takes physical possession of the Products.

6.3. Verification of the condition of the Products

In all cases, the Customer is required to check the condition of the packaging of the Products and the conformity of the Products delivered upon receipt. The Customer must in particular issue his reservations and complaints on the delivery slip, as soon as he has noticed an anomaly such as in particular a damaged package or packaging, a Product missing in relation to the documents attached to the delivery. These reservations must be confirmed by registered letter with acknowledgement of receipt to the carrier and/or to LOST IN LAND within 3 days from the delivery of the Products.

ARTICLE 7 - LEGAL RIGHT OF WITHDRAWAL

7.1. Conditions for exercising the legal right of withdrawal

The Customer benefits from a legal right of withdrawal without reasons for any order of Products made from the Website in accordance with the provisions of articles L.221-18 to L.221-28 of the Consumer Code.

The withdrawal period expires fourteen (14) working days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the Product(s).

To be able to exercise this right of withdrawal, the Customer must, before the expiry of the aforementioned period of fourteen (14) days, notify LOST IN LAND using the contact details referred to in Article 2, of their decision to withdraw by means of the withdrawal form attached to these General Terms and Conditions and/or an unambiguous declaration sent by regular mail, fax or email.

Apart from the possibility given to the Customer to withdraw under the conditions referred to in this article, the sale of the Products is firm and final from the validation of the order.

The legal right of withdrawal provided for in this article shall not apply to Products returned incomplete, damaged, soiled and/or deteriorated by the Customer, preventing any new marketing of said Products. In this case, LOST IN LAND will not accept any return of Products, nor any refund.

 

7.2. Return of Products

In the event of exercising the right of withdrawal, the Customer must return the Products ordered, complete, in their packaging and in perfect condition, to LOST IN LAND or to any person designated by the latter, without undue delay and, at the latest, within fourteen (14) working days following the day of communication of his decision to withdraw. The Customer bears the costs, expenses and risks related to the return of the Products, so that any damage suffered in this occasion is the responsibility of the Customer and may prevent the exercise of the right of withdrawal.

7.3. Reimbursement

In the event of exercising the right of withdrawal, LOST IN LAND will reimburse the Customer for all sums paid, including any shipping costs. LOST IN LAND will reimburse the sums paid without undue delay and, at the latest, within fourteen (14) working days following the day on which it is informed of the decision to withdraw.

The Customer is informed that LOST IN LAND reserves the right to defer reimbursement until ( i ) receipt of the Products or ( ii ) provision of proof of shipment of the Products, the date retained being that of the first of these events.

LOST IN LAND will reimburse the amounts using the same means of payment as that used by the Customer for the order, unless the Customer expressly agrees to a different means of payment.

ARTICLE 8 - GUARANTEES

8.1. Legal guarantees

The Products benefit from ( i ) the legal guarantee of conformity and ( ii ) the legal guarantee of hidden defects , in accordance with the provisions of the Consumer Code and the Civil Code reproduced in the appendix.

Under the legal guarantee of conformity , the Customer is informed of the fact:

 

that he

benefits from a period of 2 years from delivery of the Product to take action under warranty ;

- that he can choose between repair or replacement of the Product ordered, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code;

- that he is exempt from providing proof of the existence of the lack of conformity of the Product during the 24 months following delivery of the Product;

- that the legal guarantee of conformity applies independently of the commercial guarantee which may possibly cover the Products.

 

Under the legal guarantee against hidden defects , the Customer is informed that:

 

- may decide to implement the guarantee against hidden defects rendering the Product unfit for its normal purpose in accordance with article 1641 of the Civil Code;

- may choose in this case between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

To assert his rights, the Customer must inform LOST IN LAND in writing using the contact details referred to in Article 2 above.

ARTICLE 9 - PERSONAL DATA – PROOF AND ARCHIVING

LOST IN LAND has implemented a Confidentiality Policy relating to respect for the privacy and personal data of the Client accessible from the special and dedicated tab appearing on the Website.

The archiving of orders and invoices is carried out by LOST IN LAND on a reliable and durable medium in order to constitute a faithful and durable copy. These orders and invoices may be produced as proof of the sales of Products made.

ARTICLE 10 - APPLICABLE LAW

These General Terms and Conditions and the sales of Products resulting therefrom are exclusively governed by the provisions of French law, to the exclusion of the Vienna Convention of 1980 on the International Sale of Goods.

ARTICLE 11 - DISPUTE RESOLUTION

For any dispute relating to the validity, interpretation, execution, non-execution, interruption and/or termination of these General Terms and Conditions and the sales of Products, only the French courts will have jurisdiction and will be determined in accordance with the French rules of civil procedure.

Any complaint must be sent by the Customer by registered letter with acknowledgment of receipt to LOST IN LAND customer service at the address mentioned in article 2 above.

If the Customer does not obtain satisfaction following the complaint submitted, he is informed of the possibility of submitting the dispute to a mediation procedure, by contacting the following mediator: MEDIATION – VIVONS MIEUX ENSEMBLE (465 avenue de la Libération 54000 NANCY / https://www.mediation-vivons-mieux-ensemble.fr / mediation@vivons-mieux-ensemble.fr ).

This mediation procedure, which does not constitute a mandatory prerequisite before the introduction of a dispute, aims only to try to bring the parties together with a view to reaching an amicable solution. Consequently, LOST IN LAND and the Client remain free to accept or refuse recourse to mediation, as well as to accept or refuse the solution proposed by the mediator.