GENERAL TERMS AND CONDITIONS OF SALE

 

Any online purchase made on the website www.andylucy.com is subject to the prior review and acceptance of these general terms and conditions of sale.

The website www.andylucy.com is the property of the Company Dany H - Andy & Lucy in its entirety, as well as all related rights. It offers an e-commerce and informational website presenting our collections.

 

1. Preamble 

The customer acknowledges having read, at the time of placing the order, the special terms and conditions of sale stated on this screen and expressly declares to accept them without reservation.

These general terms and conditions of sale govern the contractual relations between Andy & Lucy and its customer, both parties accepting them without reservation. These general terms and conditions of sale shall prevail over any other conditions appearing in any other document, except in the event of a prior, express and written derogation.

The website allows Andy & Lucy to offer most of its products (hereinafter "products ") for sale to buyers who are consumers, over 18 years of age, and have full legal capacity.

These General Terms and Conditions of Sale govern the relations between the company Andy & Lucy and customers wishing to make a purchase or browse the Site. Any order for a product offered on the site implies the customer's full and complete adherence to these conditions.

In the event of any modification to these general terms and conditions of sale, the applicable general terms and conditions of sale are those in force on the date of the order.

1. Product features

The photographs illustrating the products faithfully represent the products delivered, and fall within the scope of the contract; however, the Customer is fully informed that the images, photos and colors of the items on sale may not correspond to the actual colors due to the effect of the Internet browser of the screen used. If errors are introduced, Andy & Lucy may be held liable for visuals that do not take into account characteristics related to Internet browsers and specific high-tech devices.

1. Item orders

Automatic recording systems are considered proof of the nature, content and date of the order.

Andy & Lucy confirms the acceptance of the order to the customer via the email address provided by the customer.

The sale will only be concluded upon confirmation and payment of the order. Andy & Lucy reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order.

The information provided by the buyer when placing the order is binding on them: in the event of an error in the recipient's contact details, the seller cannot be held responsible for the impossibility of delivering the product.

We reserve the right to refuse an order for a legitimate reason, such as in the following cases:

• The ordered item is no longer in stock.
• We were unable to obtain payment authorization.
• An error was identified in the product information, including with regard to the price or a promotion.
• If we suspect fraudulent activity.

Andy & Lucy undertakes to honor the orders received subject to available stock and, in the event of unavailability, to inform the customer by any means possible. The Customer may then cancel their order and, if applicable, be refunded the amounts already paid. 

1. Item prices

The price is expressed in euros.

The price indicated on the product pages does not include shipping.

The amount of shipping costs is specified on the Site before the Order is validated.

Any new taxes or contributions, particularly environmental ones, may be passed on as an increase or decrease in the selling price of the Items.

Andy & Lucy reserves the right to change the prices of the Items at any time, the Items being invoiced on the basis of the rates in force at the time each Order is validated.

The price indicated in the order confirmation is the final price, expressed including all taxes and including VAT for France and the EEC countries.  This price includes the price of the products, handling, packaging and product storage costs, shipping and commissioning costs. 

 

1. Payment of the order

The price invoiced to the customer is the price indicated on the order confirmation sent by Andy & Lucy.

The price of the products is payable in full on the day the order is placed.

Payment is made by bank card bearing the CB logo, of the Visa, Mastercard, Amex, Apple Pay type, or also by Paypal.

The order validated by the customer will only be considered effective once the relevant bank payment centers have given their approval. In the event of refusal by said centers, the order will be automatically canceled and the customer notified by email. Furthermore, Andy & Lucy reserves the right to refuse any order from a customer with whom there is a dispute.

1. Delivery terms and times

Delivery will be carried out by La Poste via Colissimo against signature or at a pickup point. As soon as your order is registered, it is prepared and dropped off at the post office within 24 hours. 

Delivery is carried out by direct delivery of the product to the designated recipient or, in case of absence, to another person authorized by the customer. Any delays do not give the buyer the right to claim damages. After order confirmation, Andy & Lucy undertakes to post all the references ordered by the buyer within a maximum period of 24/48 hours.

Please note that all orders are shipped from France.

In addition, for deliveries outside mainland France, the customer undertakes to pay all taxes due on product imports, customs duties, value added tax, and all other taxes due under the laws of the country of receipt of the order, as well as additional costs.

All orders placed on the website www.andylucy.com are intended for the personal use of customers. Customers or recipients of the products are prohibited from any partial or total resale of the products. Andy & Lucy is effectively released from any legal liability if the taxes were not paid by the customer.

In the event of apparent defects, the buyer benefits from the right of return under the conditions provided in this document.

The following are considered cases of force majeure exempting the seller from its obligation to deliver: war, riot, fire, strikes, accidents, weather incidents.

Always check your package upon arrival. If you wish to issue reservations with the carrier in case of missing or damaged items, you can contact us at 01 47 00 56 46.

For reasons of availability, an order may be delivered to the customer in several installments (partial shipment). The customer then only pays for a single delivery. If the customer wants 2 delivery locations, they place 2 orders, with the associated shipping costs.

1. Right of withdrawal 

You have the right to withdraw from a purchase on our website without giving a reason within a period of 14 (fourteen) days.

The withdrawal period expires 14 (fourteen) days after the day when you yourself, or a third party other than the carrier and designated by you, physically takes possession of the product we deliver to you. In the case of an order containing several products, the period expires 14 (fourteen) days after the day when you yourself, or a third party designated by you and other than the carrier, physically takes possession of the last product.

To exercise the right of withdrawal, you must notify us of your decision to withdraw by means of an unambiguous statement (for example, a letter sent by post or email) sent to the following address: Andy & Lucy / Marché CIFA 3 LOT 3133
5 bis rue Saint Gobain – 93300 Aubervilliers , Tel: 01 47 00 56 46, Email:  eshop@andylucy.com

For the withdrawal period to be respected, you simply need to send us your communication relating to the exercise of the right of withdrawal before the expiration of the period of 14 (fourteen) days. 

Any withdrawal made beyond the 30-day period mentioned above cannot be accepted.

Only a new, unworn and unsoiled Item will be refunded. The Item must be returned in its original packaging, or failing that, in packaging guaranteeing equivalent protection, accompanied by the garment tag. The return must be carried out by post.

Once the verification of the returned Item(s) has been carried out, Andy & Lucy undertakes to refund the Customer as soon as possible following the notification of the withdrawal request. In the absence of receipt of the concerned Item(s) or proof of shipment within this period, Andy & Lucy  reserves the right to postpone the refund until the day of recovery of the concerned Item(s) or the provision by the Customer of proof of shipment of the concerned Item(s).

 

In the event of withdrawal by the Customer, the entire amounts paid for the concerned Item will be refunded to the Customer (with the exception of the costs resulting from the delivery method), to the bank account or payment account of the Customer used for the payment of the Item(s), as part of their Order .

1. Return terms

You will have to send us the product(s) back at your expense, to the following address: 

Andy & Lucy

Marché CIFA 3 LOT 3133
5 bis rue Saint Gobain
93300 Aubervilliers

Tel: 01 47 00 56 46

without excessive delay and, in any event, no later than 14 (fourteen) days after you have communicated your decision to withdraw to us. This period is deemed respected if you send the goods back before the expiration of the period of 14 (fourteen) days.

You must bear the direct costs of returning the product(s).

Your liability is only engaged with regard to the depreciation of the product(s) resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the product(s). 

1. Satisfied or refunded 

The essential characteristics of the items are presented on www.andylucy.com in each of the item pages.

The Customer is fully informed that the images, photos and colors of the items on sale may not correspond to the actual colors due to the effect of the Internet browser of the screen used.

The Customer, if not satisfied, has a period of 14 (fourteen) days from the date of shipment to return it and obtain the refund of the amounts already paid. This period includes the legal withdrawal period of seven days provided for in articles L121-20 et seq. of the Consumer Code.

The item must be returned in new condition, in its original packaging and accompanied by a return slip, to the address indicated on this return slip.

In the absence of a return slip, Andy & Lucy will not be able to proceed with the refund of the returned items.

Returned items that are incomplete, damaged, worn, or soiled will not be accepted.

The returned item will be refunded to the customer within a maximum period of thirty days from its receipt by Andy & Lucy. It is up to the customer to keep all proof of return, namely a return by registered parcel or by any other means giving a certain date to its shipment.

The refund will be carried out by a credit of the amount to be refunded to the customer's bank account debited during the transaction.

In the event of an exchange, credit note or refund, send the new Item(s) back in its (their) original packaging(s), intact, accompanied by all possible accessories, user manuals and Return/Exchange form by tracked mail to the following address:

Andy & Lucy / Marché CIFA 3 LOT 3133
5 bis rue Saint Gobain – 93300 Aubervilliers  - Tel: 01 47 00 56 46 

In the event of the exercise of the right of withdrawal, Andy & Lucy is required to refund the amounts paid by the customer, free of charge, with the exception of shipping costs. The refund is due within a maximum period of 30 days. The return costs as well as the risks associated with the return of the product, are in all cases borne by the customer.

For countries outside the EEC, please specify to the customs services that it is a return for non-conformity. Returned items that are incomplete, damaged, deteriorated or soiled by the customer will not be refunded.

However, Andy & Lucy will not re-invoice the shipping costs in the event of an exchange.

1. Disputes

This contract is subject to French law.

In the event of difficulties in the application of this contract, the buyer has the possibility, before any legal action, to seek an amicable solution notably with the help of: a professional association of the branch, a consumer association or any other advice of their choice.

It is recalled that the search for an amicable solution does not interrupt the " brief period " of the legal warranty, nor the duration of the contractual warranty. It is recalled that generally, subject to the assessment of the Courts, compliance with the provisions of this contract relating to the contractual warranty presupposes that the buyer honors their financial commitments to the seller.

Complaints or disputes will always be received with attentive goodwill, good faith always being presumed in the one who takes the trouble to explain their situation. In the event of a dispute, the customer will address the company first to obtain an amicable solution.

Otherwise, the civil courts will be competent, regardless of the place of delivery and the accepted payment method. 

1. Guarantees 

In any event, Andy & Lucy cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in the country of receipt.

The customer benefits from the legal guarantee of conformity under the consumer code (provided for by Articles L.211-4 and L.211-14) as well as the legal guarantee against eviction and hidden defects (Articles 1648 et seq. of the Civil Code).

Provided that the buyer proves the hidden defect, the seller is legally required to remedy all its consequences (Articles 1641 et seq. of the Civil Code); if the buyer takes the matter to court, they must do so within a "reasonable time" from the discovery of the hidden defect (Article 1648 of the Civil Code).

You can contact customer service:

By email at eshop@andylucy.com or by phone at 01 47 00 56 46 (Monday to Friday inclusive, from 9:30 a.m. to 5:30 p.m.).

Reproduction of Articles L211-4, L211-5 and L211-12 of the Consumer Code, Article L211-4:

The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for any lack of conformity resulting from packaging, assembly instructions, or installation when such installation was their responsibility under the contract or was carried out under their responsibility.

Article L211-5: 

To conform to the contract, the goods must:

1º Be fit for the purpose normally expected of similar goods and, where applicable:

- match the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; 

- possess the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the manufacturer, or their representative, particularly in advertising or labelling;

2º Or possess the characteristics agreed upon by the parties or be fit for any special purpose sought by the buyer, made known to the seller, and accepted by the latter.

Article L211-12:

The action resulting from a lack of conformity expires after two years from the delivery of the goods 

Reproduction of Articles 1641 and 1648 AL 1 of the Civil Code. 

Article 1641:

The seller is liable for any hidden defects in the sold item that make it unfit for the purpose for which it is intended, or so diminish that purpose that the buyer would not have purchased it, or would have paid a lower price for it, had they known of them. 

Article 1648:

The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

1. Personal information

Providing personal information collected for the purposes of distance selling is mandatory, as this information is essential for processing and shipping orders, issuing invoices and warranty contracts. Failure to provide this information will result in the order not being validated. In accordance with the "Data Protection Act", the processing of personal information relating to customers has been declared to the National Commission on Informatics and Liberty (CNIL). The customer has (Article 34 of the Act of 6 January 1978) the right to access, modify, rectify and delete data concerning them, which they may exercise with Andy & Lucy.

All information in your account is used only within the framework of your business relationship with the company Dany H - Andy & Lucy. This information is never shared with third parties or sold. We never have your banking information.

Your data will allow us to process your order and to inform you of important changes to features. It is also used for statistical purposes or to conduct surveys, in order to improve our website and the services we offer you. We may also send you (by email or by post) information about products and services, as well as promotions and special offers from the company Dany H -Andy & Lucy at any time. If you do not want to be contacted about these matters, you can unsubscribe at any time.

All texts, comments, photos, trademarks, graphics, concepts, illustrations and images that make up the website www.andylucy.com are the exclusive property of the company Dany H - Andy & Lucy and are protected by intellectual property rights in France and throughout the world. Any total or partial reproduction of the website is strictly prohibited.

Providing personal information collected for the purposes of distance selling is mandatory, as this information is essential for processing and shipping orders, issuing invoices and warranty contracts. Failure to provide this information will result in the order not being validated.

In accordance with the "Data Protection Act", the processing of personal information relating to customers has been declared to the National Commission on Informatics and Liberty (CNIL). The customer has (Article 34 of the Act of 6 January 1978) the right to access, modify, rectify and delete data concerning them, which they may exercise with Andy & Lucy. 

1. Protection of personal data 

The Customer is informed of and accepts that their personal data may be collected on the Site and used by Andy & Lucy, acting as the data controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter the "General Data Protection Regulation" or "GDPR").

Andy & Lucy undertakes to protect and ensure the security and confidentiality of its Customers' personal data in accordance with the GDPR, notably by taking all reasonable precautions to prevent such data from being distorted, damaged, or accessed by unauthorized third parties.

In particular, Customers' personal data may be transmitted to contractual service providers and partners who, as data processors within the meaning of the GDPR, are directly involved in and contribute to the management of Orders and for whom it is absolutely necessary to access the personal data provided by the Customer when creating and using their Account (identity, postal address, telephone number, email address). Processors may only act on the instructions of Andy & Lucy.

In accordance with the GDPR, the Customer has the right to access, rectify and object to the processing of personal data concerning them (hereinafter the "Data Protection Rights").

The Customer may communicate specific instructions to Andy & Lucy defining how they intend the Data Protection Rights to be exercised after their death, in accordance with the GDPR. 

1. Commercial offers and newsletters 

Andy & Lucy may send Customers information relating to commercial offers and the brand's products by various means: EMAIL, SMS, Mail, Telephone and social media, subject to prior acceptance.

The Customer may at any time oppose these commercial prospecting communications free of charge by clicking on the "unsubscribe" link in each email or, via their internet account, by mail, or by replying STOP by SMS.

1. Cookies

This "COOKIES" section provides more information about the origin and use of browsing information processed when viewing our Site and about users' rights.

Thus, when viewing the website www.andylucy.com, browsing information may be recorded in "Cookie" files installed on the user's terminal (computer, tablet, smartphone, etc.).

www.andylucy.com issues these cookies to facilitate the user's navigation on the Site. They may also be issued by the brand's partners to personalize the advertising offer sent outside the Site.

Cookies may be included in different areas of the Site. These areas may display advertising content from advertisers on users' terminals.

Only the issuer of a cookie can read or modify the information contained therein.

The reading or placement of certain cookies may require the user's prior consent. In this case, after being duly informed via the information in the dedicated cookie banner and the information in these general terms and conditions of sale, the user manifests their consent by continuing their visit to the Site.

Cookies have a limited lifespan of 13 months after their initial placement on the user's terminal equipment.

Cookies issued by www.andylucy.com

The cookies that www.andylucy.com installs on the user's terminal allow it to recognize the browser used to connect to the Site.

Andy & Lucy issues cookies for the following purposes:

• To establish traffic statistics (number of visits, page views, abandonment in the ordering process, etc.) in order to monitor and improve the quality of its services.
• To adapt the presentation of its Site to the terminal's display preferences.
• To remember information entered in forms, manage and secure access to reserved and personal areas such as the customer's account and their cart
• To provide the user with content, including advertising, related to the user's interests and to personalize offers

Third-party cookies

When the user accesses the Site, one or more cookies from partner companies ("third-party cookies") may be placed on the computer via pages on our Site or via content broadcast in advertising spaces.

The cookies placed on the website www.andylucy.com by the service providers to whom Andy & Lucy appeals to promote its activities and offers have the following purposes:

• To identify the products viewed or purchased on the Site in order to personalize the advertising offer sent.
• To send, if the user has authorized it during their registration with these providers, brand offers by email.

The cookies contained in the advertising spaces of the Site are intended to allow the establishment of statistics on the advertisements broadcast (number of displays, advertisements displayed, number of users who clicked on each advertisement...)

The issuance and use of cookies by third parties are subject to the privacy policies of those third parties. Andy & Lucy has no access to or control over third-party cookies and acts as a data processor within the meaning of the GDPR. However, Andy & Lucy ensures that the partner companies process the information collected on the Site exclusively for the needs of Andy & Lucy and in compliance with the GDPR.

The user can refuse third-party cookies by appropriately configuring their browser. 

1. Modification of GTC 

Given the possible developments of the Site and the regulations, Andy & Lucy reserves the right to modify the GTC at any time.

Only the GTC in force at the time the contract is concluded will be enforceable against the Customer.

The new GTC will, where applicable, be brought to the Customer's attention by modifying the dedicated page on the Site. The Customer expressly consents to the new version of the GTC by validating a new order.  

The latest version of the GTC can be downloaded on a reliable and durable medium from the dedicated page on the Site and according to the terms indicated in the Preamble.