Terms and Conditions of Use and Sale

Updated on 04/11/2021

Terms and Conditions of Use and Sale

These General Terms of Use and Sale are proposed by the Director of Ler Ligisa, a self-company registered at the Registre des Métiers et de l’Artisanat in Versailles under the number 83360753400017, whose head office is located at 3, allée de la Forêt, 78610 Auffargis, France. ("the Seller").

The Seller offers, through its website www.lerligisa.com (here after the
"Site"), clothing (here after the "Products").

Each customer agrees to having knowledge, in a readable and understandable manner, these GTUSs and all the information necessary for the execution of these, in accordance with articles L.111-1 to L.111-8 of the French Consumer Code, prior to the placing of its order and before any conclusion of its contract with the Dirctor of Ler Ligisa, company registered at the Registre des Métiers et de l’Artisanat in Versailles under the number 83360753400017.

1. Application and enforceability of the GTUS

These GTUSs apply to any use of the Site as well as to any product order
by any customer, individual, acting for purposes that do not fall within the
scope of his professional activity or any client, individual or legal person,
acting in the context of his commercial, industrial, artisanal or liberal activity
(hereafter the "Customer") carried out on the site, as of 04/04/2021.
The purpose of these GTUSs is to define the terms of the product order,
and to determine the respective rights and obligations of each of the parties
in the supply of the Products. Unless the parties agree otherwise, these GTUSs take precedence over any contrary clauses arising from previously drafted terms and conditions, and thus apply to the exclusion of any other agreement. These GTUSs must be considered an integral and essential part of the contract between the Seller and each of its clients. These GTUSs are systematically notified to the Customer when he is making an order on the site. Each Customer must read and accept them in order to validate their order on the Site. This acceptance consists of ticking the box corresponding to the acceptance sentence of these GTUSs, such as, for example, "I acknowledge that I have read and accepted all the terms
and conditions of use and sale published on the Site" Check this box will be deemed to have the same value as a handwritten signature from the Customer.

In the event of a change and/or adaptation of these GTUSs by the Seller, only the version in force on the day of the Customer's order on the Site will be validly applicable. The Customer will be informed of any changes made to these, when he later logs on to the site, by a notification published on the Site.

The fact that the Seller does not avail itself, at any time, of any of the provisions of these GTUSs cannot be construed as a waiver to avail itself of it at a later date.

The Seller invites each Customer to carefully read these GTUSs, print them out and/or save them on any durable medium, before ordering any product on their website.
These General Conditions of Sale determine the rights and obligations of the parties within the framework of the online sale of Products offered by the Seller.

2. Access and availability on the site

The Seller offers free access to its Site, the Customer remains in all cases responsible for its computer equipment and its Internet connection, the costs of which are his.
Access to the Site can be achieved:
 From an equivalent computer or terminal with access to one or more telecommunications networks that allow access to the Internet and Internet navigation software (such as Internet Explorer, Mozilla Firefox, etc.);
 A telephone terminal with access to a telecommunications network
that allows access to the Internet network (3G connection, 4G, Edge,
wifi, etc.).

The Seller makes its best efforts to make the site permanently accessible, subject to the maintenance operations necessary for the proper functioning of the Site or the servers on which it is hosted. In the event of a maintenance interruption, The Seller cannot be held responsible for the possible impact of this unavailability on the Customer's activities.

The Customer is alerted to the technical vagaries inherent in the internet and the possible interruptions of access. As a result, the Seller cannot be held responsible for any downtime or slowdowns of the site. The Customer is informed that the Server of the Seller are hosted by Squarespace headquartered in New York, United States. Any breach of the Client's obligations under these GTSs will likely result in the suspension or prohibition of the Customer's access to the Site.

3. Modalities of contract conclusion

Product orders are made through the Site.
Customers choose directly from the site the product they want to order. The
Seller strives to provide visuals and descriptions that are as accurate as
possible of the Products. However, as these visuals and illustration texts
are not contractual, the Client cannot incur the responsibility of the Seller in
this capacity.
The Customer is required to provide a certain amount of information about
him in order to validate his order. All orders must be properly filled and
must contain this information strictly necessary for ordering. The Customer
is responsible for the veracity, accuracy and relevance of the data
provided.
Customers will be able to make changes, corrections, additions or even
cancel their order until it is validated on the order summary page before
payment.

4. Price and payment methods
4.1. Price

Access to the Site and the Product Presentation is free for the Customer.
Only the order for one or more products will be regulated by the latter.
Product prices are mentioned on the Site in Euros without taxes. The
applicable prices are those valid on the day of the customer's order on the
Site. Product prices an any additional costs associated with the order are clearly
and understandably shown on the order summary. Before ordering, the Customer is required to confirm this summary.

4.2. Payment terms

Prices will be charged on the basis of the rates in effect at the time of the
order. An invoice summarizing all the products ordered by the Customer
and their respective costs will be systematically addressed to the customer.
The Customer will pay the price, directly on the Site, and absolutely before
any realization by the Seller in accordance with the process provided for this purpose.
The Sale uses a secure third-party payment system Stripe as well as
Paypal. The payment by the Customer is a necessary prerequisite for the validation of his order. Failure to pay at maturity will automatically result in the suspension or
invalidation of the Customer's order without prejudice to any other course of action.

5. Delivery

The delivery costs associated with his order are indicated to the Customer before any payment of his order.
Unless otherwise stated on the Site during the ordering process or in the description of the products ordered, the Seller undertakes in all cases to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract.
Customers can refuse a package at the time of delivery if they notice an anomaly regarding delivery (damage, product missing from the delivery order, damaged parcels, damaged products, etc.).
If the Customer's parcel is returned by the Post Office or by other postal
providers, the Seller will contact the Customer upon receipt of the parcel in
return to ask him what to do with his order. If the Customer has mistakenly
refused the parcel, he will be able to request its return by paying the postal
fee for the new shipment. Postal costs will have to be paid even for orders
whose shipping costs were offered at the time of the order.
Any delay in delivery in relation to the date or time indicated to the
Customer at the time of order or, in the absence of an indication of a date
or delay at the time of the order, more than thirty (30) days from the
conclusion of the contract may result in the resolution of the sale at the
customer's initiative, upon written request from him by a recommended
letter with acknowledgement of receipt, if after asking the Seller to make

the delivery and it didn’t work. The Customer will then be reimbursed, not
later than 14 days after the date on which the contract was denounced, of
all the sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure

6. Right of Retraction

The Consumer Customer has a period of fourteen (14) free days from the delivery of the Products to exercise his right of withdrawal under the terms of the French Consumer Code, without having to justify any reason or pay penalties.
If he intends to exercise his right of withdrawal, the Consumer Customer
must inform the Seller of his decision to withdraw from the contract:
 Through a recommanded letter sent by mail at Eva Rogo-Levenez,
Ler Ligisa, 3, allée de la Forêt, 78610 Auffargis, France.

OR

 By submitting any other explicit and unequivocal statement to this
effect (for example, a letter sent by registered mail with
acknowledgement).
In any event, the Client must indicate a willingness to retract without
ambiguity and unequivocal.
In the event of a retraction made on the Site by the online transmission of
the retraction form, the Seller will send the Customer, without delay, an
acknowledgement on a lasting medium, at the email address provided
when he orders.
The Customer bears the direct costs of returning the Products, unless the
customer's retraction is the result of an error in the Product sent in which
case the Seller bears the costs of referral. The Customer is expressly
informed that the product concerned must be returned to Seller in its
original packaging, including the notices transmitted and/or any
accessories.
In the event of the Exercise of the Right of Withdrawal by the Customer, all
the sums paid by the Customer will be reimbursed by the Seller within
fourteen (14) days from the date on which it is informed of the Customer's
decision to withdraw. This refund may be deferred until the date of the
products' recovery or until the consumer has provided proof of the
shipment of these products. The refund will be made to the Customer's

bank account directly through the Site by bank transfer or any other means
agreed between the parties.

7. Product guarantee

When acting as a legal guarantee of conformity, the consumer has a period
of two years from the delivery of the goods to act; he can choose between
repairing or replacing the item, subject to the cost conditions provided for in
Article L.217-9 of the French Consumer Code; except for second-hand
goods, it is not necessary to prove the existence of the lack of conformity of
the good during the 24 months following the delivery of the good.
The legal guarantee of conformity applies regardless of any commercial
guarantee granted.
The consumer may decide to implement the warranty against hidden
defects in the item sold within the meaning of Article 1641 of the French
Civil Code, unless the seller has stipulated that he will not be bound by any
warranty. In the event that this warranty is implemented, the buyer has the
choice between rescinding the sale or reducing the sale price in
accordance with Article 1644 of the French Civil Code. He has two years
from the discovery of the defect.
The postponement, suspension or interruption of the limitation period
cannot have the effect of extending the extinctive limitation period beyond
twenty years from the date of the birth of the right in accordance with Article
2232 of the French Civil Code. All Products purchased on the Site benefit
from the following legal guarantees, provided for by the French Civil Code
and the French Consumer Code.

7.1 Legal guarantee of conformity

According to articles L.217-4 of the French Consumer Code, the seller is
required to deliver the products in accordance with the contract concluded
with the Customer and to respond to any lack of conformity existing during
the delivery of the Product. The guarantee of conformity may be
implemented if a defect exists on the day of taking possession of the
Product.
However, when the defect appears within 24 months following this date, it
is presumed to fulfill this condition. But, in accordance with article L.217-7
of the French Consumer Code, the Seller can challenge this presumption if
it is not compatible with the nature of the Product or the lack of conformity
invoked". In this regard, The Director may analyze the disputed Product in
order to determine whether or not the identified defect existed on the day of

delivery of the Product to the Customer. On the other hand, after this 24-
month period, it will be up to the Customer to prove that the defect actually
existed at the time of taking possession of the Product.
According to article L.217-9 of the French Consumer Code: “in the event of
a lack of conformity, the buyer chooses between repair and replacement of
the good. However, the seller may not proceed according to the buyer's
choice if this choice entails a manifestly disproportionate cost compared to
the other modality, taking into account the value of the good or the
importance of the defect. He is then required to proceed, unless this is
impossible, according to the method not chosen by the buyer ”.

7.2 Legal warranty against hidden defects

According to articles 1641 to 1649 of the French Civil Code, the Customer
may request the exercise of the warranty against hidden defects if the
defects presented did not appear during the purchase, were prior to the
purchase (and therefore do not result from normal wear and tear of the
Product for example), and are sufficiently serious (the defect must either
render the Product unfit for the use for which it is intended, or reduce this
use to an extent such that the buyer would not have purchased the Product
or would not have bought it at such a price if he had known the defect).
Complaints, requests for reimbursement for a non-conforming Product
must be made by post or email to the addresses indicated in in this Site.
The Customer will be reimbursed by bank transfer for the amount of his
order. The costs of the refund procedure (in particular the return shipping
costs of the Product) will remain the responsibility of the Seller.

8. Responsability

Each party assumes responsibility for the consequences resulting from its
faults, errors or omissions and causing direct damage to the other party.

8.1. Responsibility of the Client

The Customer is solely responsible for the quality, precision, relevance and
accuracy of the information he provides on the Site for the purposes of his order.
The responsibility of the Seller cannot be engaged in this respect. The
Customer is thus solely responsible towards the Seller and, where
applicable, third parties, for any damage, direct or indirect, of any nature
whatsoever, caused by information or any other publication communicated, transmitted or disseminated to the occasion hereof, as well as any breach on its part of these contractual provisions.
The Customer is, moreover, solely responsible for the choice of the
Products he has ordered through the Site.
Any Customer agrees not to use the Site in contravention of all applicable laws, rules and regulations.

8.2 Responsibility of the Seller

The Seller implements all measures to ensure the Customer the supply,
under optimal conditions, of quality Products. It assumes full responsibility
for the Products it offers and sells to Customers through the Site and will
deal solely with potential complaints relating to said Products.
The Seller cannot however be held responsible for any damage, which
would be attributable either to the Customer, or to the unforeseeable and
insurmountable fact of a third party foreign to the contract, or to a case of
force majeure.
The Seller ensures the proper functioning of the Site but can in no way
guarantee that it is free from anomalies or errors and that it operates
without interruption.
The Seller cannot be held responsible for the non-functioning, inability to
access or malfunction of the services of the Customer's access provider, to
those of the Internet network.

9. Force majeure

"Force majeure" is defined as any event beyond the control of one of the
parties and which cannot be reasonably foreseen at the time of the
conclusion of these T & Cs. Such an event will be characterized when the
party, victim of such an event, would be prevented from properly
performing its contractual obligations, despite the implementation of
adequate and appropriate measures intended to limit its effects.
Neither party will be held responsible vis-à-vis the other for the non-
performance or delays in the performance of an obligation arising from
these T & Cs that are due to the other party as a result of the occurrence of
a case of force majeure, as recognized and defined by French case law.
The case of force majeure suspends the obligations arising from these T &
Cs for the duration of its existence, and neither party may, during this
period, validly rely on the existence of such a case of force majeure within

the meaning of article 1218 of the French Civil Code in order to justify the
end of its contractual relationship with the other party. However, if the case
of force majeure had a duration of existence greater than thirty (30)
consecutive days, it would give rise to the right to the automatic termination
of these T & Cs by one or the other of the parties, eight (8) days after
sending a letter with acknowledgment of receipt notifying this decision.

10. Intellectual property

The Site, as well as the databases, texts, documents, information, images,
photographs, graphics, logos, or any other data remain the exclusive
property of the Seller or, where applicable, of their respective owners from
who the Seller has obtained the operating permits.
The Seller remains the owner of all intellectual property rights relating to its
registered trademark, as well as all intellectual property rights and copyright
relating to any other distinctive sign belonging to it.
Any reproduction and / or representation, downloading, translation,
adaptation, exploitation, distribution, dissemination and / or communication,
in any form whatsoever, whether commercial or not, of all or part of the
mark and / or of a work of the original spirit or data contained on the Site is
strictly prohibited. The Customer also refrains from any action or any act
likely to directly or indirectly infringe the intellectual property rights of the Seller.

11. Protection of personal data

The Customer is informed that by ordering Products on the Site gives rise
to the collection and automated processing of personal data concerning
him by the Seller, the use of which is subject to the provisions. of Law n °
78-17 of January 6, 1978 relating to Computing, Files and Freedoms, as
amended by Law n ° 2016-1321 of October 7, 2016 and European
Regulation 2016/679 of April 27, 2016 on the protection of individuals with
regard to the processing of personal data and on the free movement of
such data (hereinafter the “GDPR”).
The Seller makes available to the Customer, on his Site, a confidentiality
charter specifying all the information relating to the use of the Customer's
personal data collected by the Seller and the rights which the Customer has vis-à-vis with regard to this personal data.

12. Cookies

The Seller uses "cookies" to obtain statistical processing and improve the Customer's browsing experience.
The Seller places a "cookie" in the Customer's computer with his prior consent. The Customer has the option of refusing cookies when he visits
the Site. The retention period of this information on the Customer's computer is 13 months.
The Seller undertakes never to communicate the content of these "cookies"
to third parties, except in the event of legal requisition.
The Customer may also oppose the registration of "cookies" by configuring their browser software.

13. Hypertext links

The Site may include hypertext links to other sites.
The Seller cannot, under any circumstances, be held responsible for the
technical availability of websites or mobile applications operated by third
parties to which the Customer would access through the Site. In addition,
the Seller cannot therefore bear any responsibility for the content, advertising, products and services available on or from these sites, mobile applications or external sources.
If, despite the Seller's efforts, one of the hypertext links on the Site points to
a site or an internet source whose content was or appeared to a Customer
not in accordance with the requirements of French law, the Customer
undertakes to immediately contact the Site's publication director, whose contact details are lerligisacreation@gmail.com, in order to provide him with the address of the pages of the third-party site in question. The Seller will then do what is necessary to remove the hypertext link concerned.

14. Applicable law and competent jurisdiction

In the event of a dispute to which these T & Cs (or one of their clauses) and
/ or the relations between the parties could give rise, the Client can choose, in addition to one of the jurisdictions having territorial jurisdiction under the Code of civil procedure, the jurisdiction of the place where he resided at the time of the conclusion of the contract or of the occurrence of the harmful
event. The Client must apply to the Court in whose jurisdiction the Seller has its registered office.

According to article L.612-1 of the French Consumer Code, it is recalled
that "any consumer has the right to have recourse free of charge to a
consumer mediator with a view to the amicable resolution of the dispute
between him and a professional. To this end, the professional guarantees
the consumer effective recourse to a consumer mediation system ”.
In accordance with ordinance no. 2015-1033 of August 20, 2015 and
application decree no.2015-1382 of October 30, 2015, any so-called
consumer dispute or dispute, subject to article L.612-2 of the French
Consumer Code, may be the subject of an amicable settlement by
mediation with the following mediator: MEDIATEUR DE LA
CONSOMMATION AGREE - DEVIGNY MEDIATION.
To submit their dispute to the mediator, the Client can:
 (i) complete the form on the mediator's website:
https://www.devignymediation.fr/consommateurs.php; or,
 (ii) send your request by regular or registered mail to MEDIATEUR
DE LA CONSOMMATION AGREE - DEVIGNY MEDIATION - 9,
avenue René GASNIER, D01 - 49100 ANGERS, or,
 (iii) send an email to contact@devignymediation.fr. It is recalled that
mediation is not compulsory but only offered in order to resolve disputes while avoiding recourse to justice.

15. Customer service

The Customer service for this Site is accessible by e-mail at the following address: contact@lerligisa.com or by post at this address:
Eva Rogo-Levenez