1. SUBJECT

These general conditions of sale apply without restriction or reservation to all online sales offered by the Loulou counter on the website www.lecomptoirdeloulou.fr (hereinafter: “the Site”).

The Site is an e-commerce platform, which allows Internet users (hereinafter: “Buyers”) to acquire personalized and customizable caps, put on sale on the Site (hereinafter: “the Products”).

The purpose of these general conditions is to define the terms and conditions of the online sale and delivery of the Products, as well as to define the rights and obligations of the parties in this context. .

The applicable version of the general conditions is that available online on the Site on the date of the Buyer's order.

These general conditions of sale prevail over all other general or specific conditions not expressly approved by Le Comptoir de Loulou.

They may be supplemented, if necessary, by specific conditions of use for certain services offered on the Site, which supplement these general conditions and, in the event of contradiction, prevail over these last.

2. IDENTITY OF THE SELLER AND CONTACT

The Site is operated by the company Le Comptoir de Loulou, domiciled at 10 rue du Colisée, 75008 PARIS, which offers the Products for sale.

The loulou counter can be contacted using the following contact details, particularly for any complaints:

Postal address:
Le counter de Loulou

Julien Martinez

10 rue du Colisée, 75008 PARIS

Email address: bonjour@lecomptoirdeloulou.fr

3. LEGAL CAPACITY AND ACCEPTANCE OF GENERAL CONDITIONS
3.1 Legal capacity
The Site is accessible:

•     To any natural person with full legal capacity to commit to these general conditions. Any natural person who does not have full legal capacity can only access the Site with the agreement of their legal representative.

•     To any legal entity acting through a natural person having the legal capacity to contract in the name and on behalf of the legal entity.

3.2 Acceptance of general conditions

Acceptance of these general conditions by the Buyer is de facto upon placing the order by the Buyer. This acceptance can only be full and complete. Any acceptance subject to reservation is considered null and void. The Buyer who does not agree to be bound by these general conditions must not place an order on the Site.

4. PRODUCT FEATURES

4.1 Before any online order and in application in particular of the provisions of article L111-1 of the Consumer Code, the Buyer can read, on the Site, the characteristics of each Product that he wishes to order.

4.2 The Products are offered for sale online while stocks last, or subject to the possibility of ordering them if necessary.

In the event of unavailability of the Product after placing the order, the loulou counter will inform the Buyer by email: their order will be automatically canceled and no debit will be made.

4.3 The photographs and descriptions of the Products offered for sale online are as accurate as possible. They only engage the loulou counter for what is precisely indicated. The Buyer is however informed and accepts that certain characteristics of the Products and in particular their color, weight and dimension may not correspond exactly to the photographs presented on the Site, taking into account the very nature of the processes used, specific to artisanal manufacturing. .

These variations in no way alter the quality of the Products offered for sale and confirm their unique character.

4.4 the loulou counter undertakes to transcribe the messages desired by the Buyer as they are on the caps and not to make any corrections, even spelling. It is up to the Buyer to check the requested text when placing the order.

Allowed characters for text-type customizations are: ABCDEFGHIJKLMNOPQRSTUVWXYZ#% 1234567890.,'?!+-=@€$&

5. ORDER
5.1 Placing an order
To place an order, the Buyer must select the Product of their choice and place it in their basket.

He can access the summary of his basket at any time as long as the order is not definitively validated and can correct any errors in the elements entered.

The order is deemed to have been received by the loulou counter when it can have access to it.

As part of their order, the Buyer is invited to provide their contact details for delivery and invoicing purposes. He must complete all the fields marked as mandatory in the form provided for this purpose. Orders that do not include all of the required information cannot be validated.

The Buyer guarantees that all the information he gives in the order form is accurate, up to date and sincere and is not tainted by any misleading character.

He is informed and accepts that this information constitutes proof of his identity and binds him as soon as it is validated.

5.2 Order confirmation

At the end of his order, the Buyer receives a confirmation by email which:

•     summarizes the elements of the order and the expected delivery time,

•     includes the general conditions in force on the day of the order,

•     includes the invoice corresponding to the order.

The Buyer must ensure that the contact details provided when ordering are correct and that they allow them to receive the order confirmation email.

If this is not received, the Buyer must contact the loulou counter using the contact details mentioned in article 2.

The Loulou counter recommends that the Buyer keep the information contained in the order confirmation.

The order confirmation is deemed to have been received by the Buyer when he can have access to it.

6. PRICES AND PAYMENT TERMS

6.1 Price
The sales prices of the Products are displayed on the Site.
They are indicated in euros, all taxes included (French VAT and other applicable taxes).
The Loulou counter reserves the right, at its free discretion and according to terms of which it will be the sole judge, to propose promotional offers or price reductions.
The prices do not include delivery costs that may be applicable to the delivery of the Products, invoiced in addition to the price of the Products. The amount of the applicable delivery costs will be indicated before validation of the order to the Buyer.

In the event of delivery failure due to an incorrect or incomplete address provided by the Buyer, additional costs may be charged to him, as indicated in article 7.2
The applicable price is that displayed on the Site at the time the Buyer's order is registered.
Please note: Outside the European Union as well as in the French Overseas Territories, customs duties or local taxes may be payable and may be invoiced to receipt of the package by the Buyer, in addition to the price paid at the loulou counter. These duties and taxes, of which the Loulou counter cannot determine the exact amount in advance and of which it cannot therefore inform the Buyer prior to his order, remain the responsibility of the Buyer, who is solely responsible. the proper completion of any declarations and/or formalities relating thereto.

6.2 Payment terms

The full price of the Products is payable upon ordering.

Payment can be made online by credit card, through the secure online payment service indicated on the Site, or by any other means that will be offered on the Site at the time of payment. command

The Buyer guarantees to the Loulou counter that he has the necessary authorizations to use the chosen payment method.

The Loulou counter reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any sum due by the Buyer, in the event of payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.

Penalties of an amount equal to the French legal interest rate will be automatically applicable to unpaid amounts from the first presentation of a formal notice by registered letter AR.

6.3 Invoicing
Purchase invoices will be sent to the Buyer by any useful means.

6.4 Reservation of title

The Loulou counter retains full ownership of the Products sold until full payment of the price, delivery costs included.

7. DELIVERY

7.1 Delivery territory

Buyers are expressly informed that the Site only offers delivery of Products to the following countries:

• Metropolitan France and Corsica

• European Union

7.2 Delivery methods
Delivery of the Products ordered on the Site is made to the address indicated when the Buyer orders as the “delivery address” (which may be different from the billing address), which can only be located in one of the countries referred to in Article 7.1

In the event of delivery failure due to an incorrect or incomplete address provided by the Buyer, the latter is informed and expressly accepts that additional costs may be charged to him.

Different delivery methods may be possible, depending on the categories of Products and their weight.

The Buyer is informed before validation of his order of the possible delivery methods for the Product ordered as well as the deadlines and costs corresponding to each of these methods.

Order pickups, when offered, are free and scheduled according to the availability of the loulou counter, which will set the location and time. If the Buyer cannot attend the appointment offered by the loulou counter for whatever reason, the current delivery costs will be billed. The order will only be shipped after receipt of these charges.

7.3 Delivery times

• ​The Site mentions, for each Product offered for sale, indicative delivery times depending on the territories and delivery methods.

The average delivery time for mainland France is 10 working days maximum.

In the absence of delivery within the above deadline, the Buyer may cancel the order, by registered letter with acknowledgment of receipt or by writing on another durable medium, if, after having requested The Loulou counter, according to the same terms, to make delivery within a reasonable additional time, it was not carried out within this time.

The contract is considered terminated upon receipt by the Loulou counter of the letter or writing informing it of this resolution, unless it has been executed in the meantime .

In the event of termination of the contract according to the above terms, the Buyer will be reimbursed for the full sums he has paid, including delivery costs, at the latest within 14 (fourteen) days following the date on which the contract was terminated.

The Loulou counter reserves the right in any case to contact the Buyer in order to offer alternative solutions for reimbursement of the price of the Products and delivery costs. The Buyer must express explicitly and on a durable medium his acceptance of the choice of an alternative reimbursement method.

7.4 Damage

The risks are the responsibility of the Buyer once the order has left the premises of the Loulou counter. The Buyer is required to check the conformity of the delivered goods at the time of delivery and before signing the carrier's delivery note.

Any protest relating to damage occurring during transport must be made by reasoned complaint to the carrier within 3 (three) days of delivery. A copy of this complaint will be sent to the Loulou counter.

8. RIGHT OF WITHDRAWAL

Given the personalized nature of the Products sold, the right of withdrawal of 14 (fourteen) days does not apply to personalized Products sold by the Loulou counter.

An unprocessed order may nevertheless be modified or canceled, after obtaining the prior and express agreement of the Loulou counter.

9. LEGAL GUARANTEES

The Buyer benefits from legal guarantees of non-conformity as well as hidden defects in the item sold, including defects in conformity resulting from the packaging of the Products ordered on the Site.

If the Buyer notices that the Product delivered to him has a defect, a lack of conformity or is damaged, he must inform the loulou counter using the contact details mentioned in article 2 hereof, by indicating the nature of the defect, non-compliance or damage noted and by sending any useful supporting evidence, in particular in the form of photograph(s).

The customer will organize the return arrangements with the carrier of their choice, of which they will inform Le Comptoir de Loulou by any useful means. The customer will bear the costs of this return.

The Products must be returned to the loulou counter in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.

Returns of Products not complying with the terms described above cannot be taken into account.

the loulou counter will carry out the necessary checks and will offer the Buyer a replacement of the Product wherever possible. If replacement of the Product is impossible, the loulou counter will reimburse the Buyer the entire price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen) days following the date on which the loulou counter informed him of the impossibility of replacing the Product.

It is recalled that, when acting as a legal guarantee of conformity, any consumer:

•     benefits from a period of 2 (two) years from the delivery of the goods to act;

•     can choose between repair or replacement of the goods, subject to the cost conditions provided for by article L217-9 of the Consumer Code;

•     is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following its delivery.

It is also recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

Any consumer may also decide to implement the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the civil code.

10. OBLIGATIONS OF BUYERS

10.1 Buyers are solely responsible for their use of the Products. It is their responsibility to verify the suitability of the Products to their specific needs prior to purchasing said Products.

10.2 It is also up to Buyers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.

10.3 Buyers are solely responsible for the content of the messages they choose to post on the Products (hereinafter referred to as: “the Content”).

They guarantee to the Loulou counter that they have all the rights and authorizations necessary for the dissemination of this Content.

The Buyer is solely responsible if he asks the loulou counter to include on the Products ordered a sign protected by copyright or an intellectual property title for which he does not would have no rights or authorization.

In this case, the Buyer undertakes to use it exclusively in the private sphere, and not to distribute photographs or videos of said Product to the public, in particular through networks social, and guarantees the Loulou counter in this respect.

In any event, the Loulou counter cannot be held liable in this respect.

104 The Buyers undertake to ensure that said Content is lawful, does not infringe public order, good morals or the rights of third parties, does not infringe any legislative or regulatory provision and more generally, is in no way likely to jeopardize at stake is the civil or criminal liability of the Loulou counter.

Buyers are therefore prohibited from writing on the Products, in particular and without this list being exhaustive:

•     Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, offensive, violent, racist, xenophobic or revisionist,

•     Infringing Content,

•     Content that harms the image of a third party,

•     Content that is misleading, misleading or proposing or promoting illicit, fraudulent or deceptive activities,

•     and more generally Content likely to infringe the rights of third parties or be harmful to third parties, in any way and in any form whatsoever.

11. RESPONSIBILITY OF LE COMPTOIR DE LOULOU

11.1 the loulou counter undertakes to carry out regular checks in order to verify the operation and accessibility of the Site. As such, the Loulou counter reserves the right to temporarily interrupt access to the Site for maintenance reasons. Likewise, the Loulou counter cannot be held responsible for temporary difficulties or impossibilities of access to the Site which originate from circumstances external to it, force majeure, or which are due to disruptions in telecommunications networks.

11.2 le counter de loulou does not provide the Buyer with any guarantee as to the adaptation of the Products to their needs, expectations or constraints.

11.3 the Loulou counter cannot be held responsible for non-execution or delay in the execution of sales contracts due to circumstances external to it or a case of force majeure, it being expressly specified that these are considered cases of force majeure, in addition to those which are usually retained by the jurisprudence of French courts: exceptional bad weather, natural disasters, fires and floods, lightning, attacks, cases of rupture or blocking of telecommunications networks, means transport or postal services, including due to strikes, damage caused by viruses for which the security means existing on the market do not allow their eradication, as well as any legal or regulatory or public order obligation imposed by the competent authorities and which would have the effect of substantially modifying these general conditions.

11.4 In any event, the liability likely to be incurred by the Loulou counter hereunder is expressly limited to proven direct damage suffered by Buyers.

12. INTELLECTUAL PROPERTY

The systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, database, etc.) used by the counter de loulou within the Site are protected by all intellectual property rights or rights of database producers in force. All disassembly, decompilation, decryption, extraction, reuse, copying and more generally, all acts of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the authorization of lecompte de loulou are strictly prohibited and may be subject to legal action.

13. PERSONAL DATA
USE OF YOUR PERSONAL DATA

On what basis(s) is your data collected and used?

Contract
This collection is necessary in order to execute the contract concluded when you place an order on our Site.

Legitimate interest
When you voluntarily provide us with personal data, we collect it in order to better respond to your requests for information on our Site.

Legal obligation
When the processing of your data is necessary for compliance with a legal obligation to which we are subject.

Consent
Regarding the collection and storage of your personal data through cookies, pixels, web beacons or tags, used on the website, in particular for statistical processing or advertising.

For what purpose(s) are your data collected and used?

Contract
Create a customer file.
Manage product orders placed on the Site.

Develop commercial and traffic statistics for our Site.
Personalize responses to your requests for information.
Manage people's opinions on the services or content of the Site.
Sending newsletters to our customers.

Legal obligation
Compliance with our legal and regulatory obligations.

Consent
Measure the number of visits to the Site, the number of pages viewed and User activity.
Sending newsletters to our prospects.

NB/ You can always refuse to send us your data, we will then inform you of the possible consequences of this refusal when this data is mandatory.

2. RECIPIENTS OF COLLECTED DATA

Will have access to your personal data:

• Our team,

• Partners with whom we may work to carry out our missions, with your agreement,

• The services responsible for control (in particular auditors).

public bodies, court officers (bailiffs, notaries, etc.), ministerial officers and bodies responsible for debt recovery.

Please note that your personal data will never be subject to transfer, rental or exchange for the benefit of third parties.

3. PERSONAL DATA STORAGE DURATION

The data is retained for the entire duration of use of our Services, and for a period of:

• Three (3) years from your unsubscription to the newsletter regarding the use of data for prospecting purposes. At the end of this three (3) year period, we may contact you again to find out if you wish to continue to receive commercial solicitations.

• Three (3) years minimum from the exercise of the right of opposition concerning the information allowing your right to be taken into account.

• Five (5) years from your last order for compliance with legal and regulatory obligations, as well as to enable proof of a right or contract to be established .

• Thirteen (13) months concerning the cookies referred to in article 6.

4. SECURITY

We have taken all necessary precautions, as well as appropriate organizational and technical measures, to preserve the security, integrity and confidentiality of your personal data.

5. ACCOMMODATION

Your data is retained and stored for the duration of its processing on servers located within the European Union.

However, they may also be hosted on company servers located in the United States.

 These have adhered to the “Privacy Shield”, which was judged to offer an adequate level of protection by a decision of the European Commission of July 12, 2016 (See the decision of 'suitability). To find out more about the protection offered by the “Privacy Shield”, you can consult its website.

6. COOKIES

• Technical cookies are used throughout your browsing, in order to facilitate it and perform certain functions. A technical cookie can, for example, be used to remember your responses provided in a form or your preferences regarding the language or presentation of an application, when such options are available.

• Social media cookies may be created by social platforms to allow website designers to share their content on said platforms. These cookies can in particular be used by social platforms to track users' navigation on the sites concerned, whether or not they use these cookies.

We use cookies from social and technical networks. These cookies are only placed if you give your consent. You can find out about their nature, accept or refuse them.

We also invite you to consult the privacy protection policies of the social platforms at the origin of these cookies, to learn about the purposes of using the browsing information they provide. can collect through these cookies and the terms and conditions for exercising your rights with these platforms.

• Advertising cookies can be created not only by the website you are browsing, but also by other websites serving advertisements, announcements, widgets or other elements on the displayed page. These cookies can in particular be used to carry out targeted advertising, that is to say advertising determined based on your browsing.

We also use advertising cookies. These cookies are only placed if you give your consent. You can find out about their nature, accept or refuse them.

We remind you that you can oppose the placement of cookies by configuring your browser or smartphone. Such refusal could, however, prevent the proper functioning of the Site.

Configure your internet browser

You can choose to deactivate these cookies at any time. Your browser can also be configured to notify you of cookies that are placed on your computer and ask you whether or not to accept them. You can accept or refuse cookies on a case-by-case basis or refuse them systematically.

We just remind you that the settings may modify the conditions of access to our content and services requiring the use of cookies.

In order to manage cookies as closely as possible to your expectations, we invite you to configure your browser taking into account the purpose of cookies.

• Cookies on Microsoft Internet Explorer:

  1. Choose the “Tools” menu then “Internet Options”.

  2. Click on the “Confidentiality” icon.

  3. Select the desired level using the cursor.
     

• Cookies on Mozilla Firefox:

  1. Go to the Mozilla Firefox menu then in “Options”.

  2. Click on the “Privacy” icon.

  3. Locate the “Cookies” menu and select the options that suit you.
     

• Cookies on Safari:

  1. Go to the Safari menu, then to “Preferences”.

  2. Click on “Confidentiality”.

  3. In “Block cookies”, select the desired level.
     

• Cookies on Chrome:

  1. Go to the Chrome menu then in » Settings ».

  2. Click on “Show advanced settings”.

  3. In the “Privacy” section, click on the “Content Settings” button.

  4. In the “Cookies” section, select the options that suit you.

7. YOUR RIGHTS

Right to information

Right of access
You have the right to access all of your personal data at any time.

Right of rectification
You have the right to rectify your inaccurate, incomplete or obsolete personal data at any time.

Right to limitation
You have the right to obtain limitation of the processing of your personal data in certain cases defined in art.18 of the GDPR.

Right to portability
You have the right to receive your personal data in a readable format and to request their transfer to the recipient of your choice.

Right to be forgotten
You have the right to demand that your personal data be erased, and to prohibit any future collection.

Right to lodge a complaint
With a competent supervisory authority (in France, the CNIL), if you consider that the processing of your personal data constitutes a violation of the applicable texts.

Right to object
You have the right to object to the processing of your personal data. Please note, however, that we may continue their processing despite this opposition, for legitimate reasons or the defense of legal rights.

Regarding prospecting, you can object to it at any time via the unsubscribe link located at the bottom of each of our prospecting emails.

Right to define directives after your death
Relating to the conservation, erasure and communication of your personal data, and designating a person responsible for their execution in the case applicable.

You can transmit them to a trusted digital third party certified by the CNIL when it concerns general directives, or to the contact details below for your specific directives.

You can change or revoke your instructions at any time.

You may exercise the above rights by writing to us at lecomptoirdeloulou@gmail.com, or at the following address:

Loulou's counter

10 rue du Colisée, 75008 PARIS

Please provide us, on this occasion, with a copy of a signed identity document.

8. ENTRY INTO FORCE

This charter came into force on 06/01/2020.

9. CHANGES

We reserve the right, at our sole discretion, to modify this charter at any time, in whole or in part. These modifications will come into force from the publication of the new charter. We will inform you in advance by any useful means. In any event, the use of the services offered by Le Comptoir de Loulou following the entry into force of these modifications will constitute recognition and acceptance of the new charter.

14. ADVERTISING

the loulou counter reserves the right to insert on any page of the Site and in any communication to Buyers any advertising or promotional messages in a form and under conditions of which the loulou counter will be the only one judge.

15. LINKS AND THIRD PARTY SITES

le counter de loulou cannot under any circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) to which the Buyer may access through the Site.

le counter de loulou assumes no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are governed by their own own conditions of use.

the loulou counter is also not responsible for transactions between the Buyer and any advertiser, professional or merchant (including any partners) to whom the Buyer would be directed by through the Site and cannot under any circumstances be a party to any possible disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, the guarantees, declarations and other obligations whatsoever to which these third parties are bound.

16. PROHIBITED BEHAVIORS

16.1 The following are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusions or attempted intrusions into the systems of lecompte de loulou, (iii) any misappropriation of system resources of the Site, (iv) any actions likely to impose a disproportionate load on the infrastructures of the latter, (v) all attacks on security and authentication measures, (vi) all acts likely to infringe the rights and financial, commercial or moral interests of the Loulou counter or users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed and finally more generally (viii) any breach of these general conditions or the laws and regulations in force

16.2 It is also strictly prohibited to monetize, sell or grant all or part of access to the Site, as well as to the information it contains

16.3 In the event of failure to comply with any of the provisions of this article or more generally, violations of laws and regulations, the Loulou counter reserves the right to take all appropriate measures and to initiate any legal action

17. CHANGES

  le counter de loulou reserves the right to modify these general conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the Buyer's order.

18. LANGUAGE

In the event of a translation of these general conditions into one or more languages, the language of interpretation will be French in the event of contradiction or dispute over the meaning of a term or a provision.

19. MEDIATION

In accordance with the conditions provided for in articles L611-1 et seq. and R152-1 et seq. of the Consumer Code, the Buyer has the right to use free of charge the service of the mediator on whom the counter depends. loulou with a view to the amicable resolution of any dispute relating to the execution of these presents which may oppose it to the loulou counter.

20. APPLICABLE LAW AND JURISDICTION

These general conditions are governed by French law.
In the event of a dispute over the validity, interpretation and/or execution of these general conditions, the parties agree that the courts of Paris will have exclusive jurisdiction to judge the matter, unless mandatory procedural rules dictate otherwise.