TERMS OF SALE
The Company's principal activity is the creation, manufacture and sale of upmarket ready-to-wear clothes and fashion accessories, which it distributes worldwide under the LOST PARADISE brand name. In order to meet its customers' requirements to best possible effect, in addition to the shops that it operates and its distribution network, the Company has set in place a distance selling system for a selection of items made available via the Internet.
These standard terms and conditions of sale and use define the parties' respective rights and obligations in the context of the sale of products to customers and use of the Internet site. The customer declares that they have taken due cognizance of the said rights and obligations.
Article 1: Purpose
These standard terms and conditions of sale are applicable to all remote sales of items sold under the Company's brand name that take place via the intermediary of the Company's LOST PARADISE website, identified by the domain name: "www.lostparadise.com" (hereinafter referred to as "the Website"), to the exclusion of any other online point of sale or shop outlet:
- by accepting orders placed by customers who are natural persons acting in the capacity of a consumer (within the meaning of the law and as understood by case law) and having a usual residence as defined in Article 10 of these standard terms and conditions of sale.
- with a view to delivery to the said natural persons who are customers on their own account, or to any third party of their choosing who also have their usual residence in the same territories and whose capacity is likewise that of a consumer (within the meaning of the law and as understood by case law).
Any sale of items carrying the Company's brand names made via the intermediary of the Website's Customer Service and/or on the Website will be governed by these standard terms and conditions of sale. The customer accepts this stipulation. These terms and conditions of sale may possibly be modified or updated. The terms and conditions applicable to an order for an item placed by a customer will be those in force at the day on which the order was placed.
The customer acknowledges having read these standard terms and conditions of sale at the time of validating their order. Any acceptance of their order implies their acceptance of these standard terms and conditions of sale.
Article 2: Items offered for sale
The items offered for sale on the Website are those present on the website on the day on which the customer visits it and which are indicated as being sold by the Company.
Items are offered for sale within the limit of available stocks.
The information (brand name, definition, reproductions of the items, detailed description: properties, characteristics and composition, etc.) relating to all the items carrying the Company's brand names and labels offered by means of distance selling are available, in accordance with the legal and regulatory provisions applicable on the Website.
The photographs accompanying the items are as faithful as possible, but cannot ensure perfect similarity with any given Item.
Article 3: Liability
While taking the greatest possible care and ensuring the utmost possible accuracy when making information, descriptions of items and data available on the LOST PARADISE Website and updating such information, etc., which is done regularly, the Company cannot accept liability for any non-substantial errors that may occur. In the same way, although the photographs and other reproductions of items represent them faithfully on the Website, within the limits of the techniques available and in accordance with best market standards, they are provided as an indication only, and do not have contractual value.
At all events, in the event of non-conformity as between an Item delivered and its description, the Company undertakes to correct this mistake, in accordance with the provisions of Articles 12 and 13 below. Speaking in general, the Company cannot be held liable:
- for interruptions or delays recorded on the Website owing to the carrying out of maintenance work, technical breakdowns, a case of force majeure, or delays, etc. attributable to third parties, or to any circumstances whatsoever that lie outwith its control:
- if it is momentarily impossible for the customer or the Company to access the Website due to facts that lie outwith the Company's control, such as a computer failure, interruptions that are affecting the telephone network, Internet failure or defects in the customer's equipment used to receive Internet transmissions.
Article 4: Pre-conditions for placing an order
In order to place an order on the Website, the customer must be over the age of 18, have a usual residence as defined in Article 10 of these standard terms and conditions of sale, have legal capacity, and be the holder of a bank card as defined in Article 8 below. The purchaser, before placing their order, shall declare that the purchase of the item(s) being made on the Website is not directly related to their professional activity and will be limited to strictly personal use.
Orders will be accepted within the limit of LOST PARADISE's available stocks. To that end, the customer will be informed on the Website's information page describing each of the items offered for sale, at the time when the order is placed, of the availability of any given Item or, if an Item for sale is temporarily unavailable, advised of the possibility of placing an order with a view to subsequent delivery within the timeframe specified on that occasion.
If, despite Company's vigilance with respect to this, the items ordered are no longer available, the Company will inform the customer to that effect by any means open to it (telephone call or email) as soon as possible, and will refund the price invoiced by crediting the sum in question to the customer's bank account.
If, despite Company's vigilance with respect to this, the items ordered are no longer available, the Company will inform the customer to that effect by any means open to it (telephone call or email) as soon as possible, and will refund the price invoiced by crediting the sum in question to the customer's bank account.
The Company will also be entitled to refuse to accept any order: (i) made by a customer with whom there is an outstanding dispute concerning payment for a previous order; or (ii) that is non-compliant with these standard terms and conditions of sale.
If the Company notes that an order does not meet these standard terms and conditions of sale (e.g. wrong delivery address, order thresholds exceeded), it will inform the customer of this by telephone or email within a maximum timeframe of six (6) days. If the customer fails to contact the Company in order to correct any inaccurate information or any elements contrary to these standard terms and conditions of sale that feature in their order, the Company reserves the right to quite simply cancel the order and the corresponding payment.
Article 5: Ordering procedure
The taking of orders on the Website is subject to strict compliance with the procedures described hereinafter, which are also formalized by a succession of different screens on which are displayed the successive stages which the customer must imperatively go through in order to validate their order.
A - Stage one: Selection of Items by the customer.
On the Website, the customer selects, inputs and validates the identification and quantity of the Items that they wish to order (whose availability will be confirmed where necessary by the Company); the said articles will be added to their "Shopping Basket".
B - Stage two: Verification of the Items selected.
The customer may freely modify online their Shopping Basket consisting of the Items they have selected, remove an item initially selected, change the quantities ordered or add another item by clicking on the corresponding elements placed at their disposal within the Shopping Basket. The price of the Items, as defined in Article 7 hereinafter, will be automatically displayed In the Shopping Basket.
C - Stage three: Confirmation of the Items selected and validation of the order.
Once the customer has finished making their selection and wishes to validate the content of their Shopping Basket, they must identify themselves: if they already have a customer account with the Company, they will do so by means of their email address (login) and their password; if they do not already have a customer account with the Company, they will identify themselves by their name, the address of their usual residence, at which address the order will be invoiced to them, and their phone number. The customer must also validate: the delivery address for the order, the amount of the postage costs for the order being specified at this time, and lastly the payment method chosen. Once all this information has been duly entered and validated, the price of the Items, as defined in Article 7 hereinafter, plus the postage costs will be automatically displayed. After providing their credit card number, in accordance with the provisions of Article 8 below, the customer should then click on the "ORDER" button with a view to the debiting of their bank account. The authorization to debit their bank account issued by the customer's bank will then be displayed.
The customer is advised to record and/or make a paper print-out of this authorization. Once the authorization to debit the customer's bank account has been received from their bank, their "Shopping Basket" will be directly transmitted to the Company's department responsible for preparing orders; the customer's order number will then be displayed. This order will be binding on the customer as from the time when the Company receives the duly filled "Shopping Basket", validated by the display of the page on which the order is recorded.
D- Stage 4: The Company's acknowledgment of receipt of the order.
You will receive an order confirmation email with a summary of the items and the price. Please note that the prices shown in other currencies are calculated at the daily rate against the euro.