ARTICLE 1. Scope of application

These General Terms and Conditions of Sale (hereinafter referred to as “GTCS”) apply, without restriction or reservation, to all sales concluded by the Vendor with non-professional purchasers (“Customers or the Customer”), wishing to acquire the products offered for sale (“Products”) by the Vendor on the www.lotza.fr website. The Products offered for sale on the site are as follows:

Posters, postcards, notebooks, textiles, umbrellas, tasting glasses, picture frames.

The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the www.lotza.fr site, which the customer is obliged to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to stock availability, as specified when the order is placed.

These General Terms and Conditions of Sale are accessible at all times on the www.lotza.fr website and shall prevail over any other document.
The customer declares that he/she has read and accepted these terms and conditions of sale by checking the appropriate box before placing an order online at www.lotza.fr.

In the absence of proof to the contrary, the data recorded in the Vendor’s computer system constitutes proof of all transactions concluded with the Customer.

The Seller’s contact details are as follows:
Lotza, EURL
Share capital of 2500 euros
Registered with the RCS of Angoulême, under number 891642530 14 rue de Segonzac, 16100 Cognac

Email : contact@lotza.fr
Telephone : 0679420101
Intracommunity VAT number: FR21891642530
The Products presented on the www.lotza.fr website are offered for sale in the following territories: All countries.

In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, the price will automatically be calculated exclusive of tax on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They are the sole responsibility of the Customer.

ARTICLE 2 – Prices

The Products are supplied at the prices in force on the site www.lotza.fr, at the time the order is registered by the Vendor.

Prices are expressed in Euros, excluding and including VAT.
Prices take into account any discounts granted by the Seller on the www.lotza.fr website.

These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify them at any time outside their period of validity.

Prices do not include processing, shipping, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is issued by the Vendor and given to the Customer upon delivery of the Products ordered.

ARTICLE 3 – Orders

It is the Customer’s responsibility to select the Products he/she wishes to order on the www.lotza.fr website, according to the following procedures:

The customer chooses a product and places it in his/her shopping basket. It is possible to delete and/or modify this product. Once the product has been confirmed, the customer chooses the relay point where he would like to receive the product (delivery via Colissimo – at home or in a collection point). Once the relay point has been confirmed, the customer can proceed with payment. The customer will then receive a confirmation e-mail from Lotza.

Product offers are valid as long as they are visible on the site, while stocks last.
The sale will be considered valid only after full payment of the price. It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.

Any order placed on the www.lotza.fr website constitutes the formation of a distance contract between the Customer and the Vendor.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer may follow the progress of his/her order on the website.

Any cancellation of the order by the Customer will only be possible before delivery of the Products (independently of the provisions relating to the application or not of the legal right of retraction).

ARTICLE 3 Bis. Customer area – Account

In order to place an order, the Customer is invited to create an account (personal space).
To do so, he/she must register by filling in the form provided at the time of ordering, and undertakes to provide truthful and accurate information concerning his/her civil status and contact details, in particular his/her e-mail address.
The Customer is responsible for updating the information provided. Customers are informed that they can modify this information by logging into their account.
To access his personal space and order history, the Customer must identify himself using his strictly personal user name and password, which will be communicated to him after registration. The Customer agrees not to divulge them to any third party. Should he/she do so, he/she shall remain solely responsible for any use made thereof.
The Customer may also request to unsubscribe by going to the dedicated page in his/her personal space or by sending an e-mail to: contact@lotza.fr. Unsubscription will take effect within a reasonable time.

In the event of non-compliance with the general terms and conditions of sale and/or use, the www.lotza.fr website may suspend or even close a customer’s account after a formal notice has been sent by e-mail and has remained without effect.
Any deletion of an account, for whatever reason, will result in the deletion of all personal information held by the customer.

The Vendor shall not be held liable for any event due to force majeure resulting in malfunction of the site or server, subject to any interruption or modification in the event of maintenance.
The creation of an account implies acceptance of the present terms and conditions of sale.

ARTICLE 4: Terms of payment

The price is paid by secure payment, according to the following methods:  payment by credit card

The price is payable in full by the Customer on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions on the www.lotza.fr website.

Payments made by the Customer will only be considered definitive once the Seller has received the sums due.
The Vendor shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions.

ARTICLE 5 – Delivery

Products ordered by the Customer will be delivered to Metropolitan France.

Deliveries are made within 2-3 days to the address indicated by the Customer when ordering on the site.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once.
The Vendor undertakes to use its best efforts to deliver the Products ordered by the Customer within the time limits specified above.

If the Products ordered have not been delivered within 4 days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.

Deliveries are made by an independent carrier, to the address given by the Customer at the time of ordering, and to which the carrier has easy access.
When the Customer has chosen a carrier, delivery is deemed to have taken place as soon as the Products ordered have been handed over by the Vendor to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier’s responsibility to make the delivery and has no recourse against the Vendor in the event of non-delivery of the goods transported.

In the event of a special request by the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, on the basis of an estimate previously accepted in writing by the Customer.
The Customer must check the condition of the products delivered. He/she has a period of #254 Maximum period for… from the date of delivery to submit complaints by e-mail: contact@lotza.fr, accompanied by all relevant supporting documents (in particular photos). Once this period has elapsed and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no complaint will be validly accepted by the Vendor.

The Vendor will reimburse or replace, as soon as possible and at its own expense, any Products delivered which the Customer has duly proved to be lacking in conformity or to have apparent or hidden defects, in accordance with the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these GTC.

The transfer of the risks of loss and deterioration relating to the Products will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller’s risk, except when the Customer has chosen the carrier. In this case, the risks are transferred when the goods are handed over to the carrier.

ARTICLE 6: Transfer of ownership

The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

ARTICLE 7 : Right of withdrawal

According to the terms of article L221-18 of the French Consumer Code “
For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first good.”
The right of withdrawal may be exercised online, using the withdrawal form attached hereto and also available on the site, or by any other unambiguous statement expressing the wish to withdraw, and in particular by post addressed to the Vendor at the postal or e-mail address indicated in ARTICLE 1 of the GTCS.
Returns must be in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products cannot be returned.
Return shipping costs will be borne by the customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Vendor of the Products returned by the Customer under the conditions set out in this article.

ARTICLE 8. Liability of the Vendor – Warranties

The Products supplied by the Vendor benefit from :

– the legal guarantee of conformity, for defective, spoiled or damaged Products or Products which do not correspond to the order,

– the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,

Legal warranty provisions
Article L217-4 of the French Consumer Code
“The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility.”
Article L217-5 of the French Consumer Code
“The good conforms to the contract:
1° If it is fit for the purpose usually expected of similar goods and, where applicable :
– if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model ;
– if it has the qualities that a buyer may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter.”
Article L217-12 of the French Consumer Code
“The action resulting from the lack of conformity is prescribed by two years from the date of delivery of the goods.
Article 1641 of the French Civil Code
“The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1648 paragraph 1 of the French Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
Article L217-16 of the French Consumer Code
“When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer’s request for repair, or from the date the item is made available for repair, if the item is made available after the request for repair.
In order to assert his rights, the Customer must inform the Vendor, in writing (e-mail or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.
The Vendor will reimburse, replace or repair Products or parts under warranty deemed to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.

Refunds, replacements or repairs of Products found to be non-conforming or defective will be made as soon as possible and at the latest within 7 days of the Seller’s finding of the non-conformity or hidden defect. Reimbursement may be made by bank transfer or cheque.
The Vendor may not be held liable in the following cases:

– non-compliance with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to check,

– in the event of misuse, professional use, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.

– The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Vendor.

The Vendor’s warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are defective.

ARTICLE 9. Right of withdrawal

The Customer is hereby informed that the collection of his/her personal data is necessary for the sale of the Products and their delivery, entrusted to the Vendor. This personal data is collected solely for the purpose of executing the sales contract.

9.1 Collection of personal data

The following personal data is collected on the www.lotza.fr website:

Account opening

When creating a customer/user account:
Name, first name, postal address, telephone number and e-mail address.

Payment

In the context of payment for Products offered on the www.lotza.fr site, the latter records financial data relating to the Customer/user’s bank account or credit card.

9.2 Recipients of personal data

Personal data is reserved for the sole use of the Seller and its employees.

9.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data.

9.4 limitation of processing

Unless the Customer expresses his express consent, his personal data will not be used for advertising or marketing purposes.

9.5 Data retention period

The Vendor will keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.

9.6 Security and confidentiality

The Seller implements organizational, technical, software and physical digital security measures 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 Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Enforcement of customer and user rights

In application of the regulations applicable to personal data, Customers and users of the www.lotza.fr site have the following rights:

– They can update or delete their data in the following ways: Deleting their account.
– They may delete their account by writing to the e-mail address indicated in article 9.3 “Data controller”.
– They may exercise their right of access to their personal data by writing to the address indicated in article 9.3 “Data controller”.
– If the personal data held by the Vendor is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 “Data controller”.
– They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 “Data controller”.
– They may also request the portability of data held by the Vendor to another service provider.
– Finally, they may object to the processing of their data by the Vendor.

These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the data controller whose contact details are given above.
The data controller must reply within a maximum of one month. Any refusal to grant the Customer’s request must be justified.

Customers are informed that in the event of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box by which he agrees to receive informative and advertising e-mails from the Vendor. The Customer may withdraw this consent at any time by contacting the Vendor (contact details above) or by following the unsubscribe link.

ARTICLE 10. Intellectual property rights

The content of the www.lotza.fr website is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 11. Applicable law – Language

These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to French law.
These GCS are written in French. In the event that they are translated into one or more foreign languages, the French text alone shall prevail in the event of a dispute.

ARTICLE 12. Disputes

For any complaint, please contact customer service at the Vendor’s postal or e-mail address indicated in ARTICLE 1 of these GCS. The Customer is hereby informed that, in the event of a dispute, he/she may have recourse to conventional mediation, with existing industry mediation bodies, or to any alternative dispute resolution method (conciliation, for example).

Customers are also informed that they may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from purchase or sale transactions concluded in application of these GTS and which have not been settled amicably by the seller or by mediation will be submitted to the competent courts under the conditions of common law.