TERMS & CONDITION

I. Definitions

In these General Terms & Conditions, the following definitions apply:

  • Client: The purchaser or party entering into an Agreement with EURL LZL, either as a Professional Purchaser or a Consumer.

  • LZL: EURL LZL, with registered offices at 45 Avenue du President Wilson, 93230 Romainville, France (SIRET 98040656500013, VAT number FR63980406565), which declares these General Terms & Conditions applicable to the Agreement.

  • Agreement: The agreement between the Client and LZL regarding the sale and delivery of products via the LZL webshop.

  • LZL Webshop: The online platform through which LZL offers products for sale.

  • General Terms & Conditions: The terms governing the sale and delivery of products as established by LZL.

  • Consumer: A natural person who is not acting as a professional and/or on behalf of a company.

  • Professional Purchaser: A natural person acting as a professional and/or on behalf of a company, or a legal entity entering into an Agreement with LZL.

  • Website: The website through which the LZL Webshop is accessible.

  • Consumer Purchase: A purchase Agreement between LZL and a Consumer.

II. Applicability and Amendments

  1. Applicability of General Terms & Conditions
    These General Terms & Conditions shall exclusively govern all offers, agreements, sales, and deliveries of products by LZL through the LZL Webshop. LZL expressly rejects the applicability of any other general or specific terms and conditions. The Client acknowledges and accepts that any other terms or conditions are excluded and inapplicable.

  2. Right to Amend
    LZL reserves the right to unilaterally amend these General Terms & Conditions at its discretion. Any such amendments will be published on the Website and shall take effect from the date of publication, unless otherwise specified.

  3. Specific Products and Additional Terms
    For the sale, purchase, and delivery of certain products—such as, but not limited to, products where the price is provided upon request, limited editions, or products whose purchase agreement is not concluded through the Webshop—LZL reserves the right to apply supplementary or alternative terms and conditions. These specific terms will be communicated to the Client prior to the conclusion of the Agreement.

  4. Deviation or Amendment of Terms
    Any deviation from or amendment to these General Terms & Conditions shall only be valid if explicitly agreed upon in writing and with the formal consent of LZL.

III. Offers and Agreements

  1. Non-binding Offers
    All offers made by LZL are non-binding, except in the case of a Consumer Purchase. Offers are subject to change, availability, and the specified validity period.

  2. Conclusion of Agreement
    An Agreement is considered concluded only when the Client receives written confirmation of their purchase from LZL (including via email), unless otherwise explicitly agreed by LZL. LZL reserves the right to reject orders or impose specific delivery conditions unless otherwise agreed upon.

  3. Client’s Agreement to Terms
    By accepting an offer or purchasing a product, the Client acknowledges and agrees to be bound by these General Terms & Conditions.

  4. Client’s Responsibility for Information
    The Client is solely responsible for providing accurate and complete information to LZL in order to finalize the Agreement.

  5. Engagement of Third Parties
    LZL reserves the right to involve third parties in fulfilling the Agreement. These General Terms & Conditions will also apply to the relationship with such third parties, and LZL ensures that these third parties will adhere to the terms of the Agreement.

IV. Prices and Payment

  1. Prices for EU Clients
    The prices listed on the Website for products available via the LZL Webshop to Clients residing in the EU are in Euros, inclusive of VAT, handling, dispatch costs, and applicable taxes or duties, unless otherwise specified or agreed by LZL.

  2. Prices for Non-EU Clients
    The prices listed on the Website for products available via the LZL Webshop to Clients residing outside the EU are in Euros and include handling and dispatch costs, as well as applicable taxes or duties, unless otherwise specified or agreed by LZL.

  3. Pricing Errors
    Despite our efforts to ensure accurate pricing, products in the LZL Webshop may occasionally be mispriced. We verify prices during our dispatch procedures. If a product's correct price is lower than the displayed price, we will charge the lower amount and proceed with dispatch. If the correct price is higher than the listed price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and inform you of the cancellation.

  4. Price Adjustments
    LZL reserves the right to modify the purchase price after the confirmation of a purchase order or the conclusion of an Agreement if there are increases in the cost of resources, wages, import duties, taxes, or other external expenses (including currency fluctuations). LZL will notify the Client of any such changes as soon as possible. In such cases, the Client may terminate the Agreement or cancel the purchase order, unless the Parties have agreed on delivery occurring more than three (3) months after the confirmation of the purchase order or if the price adjustment is legally required.

  5. Payment Methods and Terms
    Payment must be made using one of the methods specified during the ordering process. Your order may be subject to additional payment or ordering conditions. The payment date is the day on which LZL receives the payment in its bank account. The delivery term will commence once payment for the purchase order/products is received by LZL, unless otherwise agreed by the Parties.

  6. Late Payment and Interest
    If the payment term is exceeded, the Client will be in default from the day the payment was due and will be required to pay the applicable statutory interest rate, as per Consumer or Company regulations. Any costs incurred by LZL due to debt collection from late, incomplete, or non-payment, including but not limited to extrajudicial and judicial costs, bailiff fees, debt collection agency costs, legal proceedings, and lawyer fees, will be charged to the Client. Extrajudicial debt collection costs will amount to 10% of the total purchase order, with a minimum of €150, excluding VAT, without prejudice to LZL’s right to claim the actual extrajudicial debt collection costs.

  7. Cancellation due to Default
    In the event of payment default, LZL is entitled to cancel the execution of the Agreement and any related agreements, or to rescind them.

V. Delivery

  1. Estimated Delivery Term
    The delivery term provided by LZL is an estimate and does not constitute a fixed or binding deadline. If the delivery term is exceeded, the purchaser is not entitled to claim compensation. Except in the case of a Consumer Purchase, the Client must notify LZL in writing of any delayed delivery and must grant LZL a reasonable additional period to complete the delivery before being considered in default.

  2. Delivery Delays
    If the delivery is delayed due to a product being temporarily out of stock, or for other reasons, or if it is not possible to fulfill all or part of the order/Agreement, the Client will be notified within three weeks of the payment being made. In such cases, the Client has the right to cancel the order without incurring any charges.

  3. Method of Transport
    LZL will determine the method of transport for goods ordered through the LZL Webshop, unless otherwise agreed upon.

  4. Risk and Responsibility
    The risk and responsibility for the products pass to the Client upon delivery. Delivery is considered to have occurred when the products leave LZL’s premises or storage. For Consumers, delivery is considered complete when the products are delivered to the address provided by the Consumer, or, if the Consumer is absent, to a neighbor, the post office, or another third party designated by the Consumer.

  5. Rejection of Delivery
    If the Client rejects the delivery, any associated costs, as well as any damages suffered by LZL, may be charged to the Client.

VI. Cancellation of the Purchase Agreement

  1. Modification or Cancellation of Orders
    Purchase orders may only be modified or cancelled with the explicit consent of LZL. If LZL has already incurred or will incur costs as a result of modifying or cancelling the order, the Client will be responsible for reimbursing these costs, except in cases specified in Articles VI.2 and VI.3.

  2. Consumer's Right to Cancel
    In the case of distance sales, Consumers have the right to cancel the purchase agreement without providing a reason within 14 working days from the date of receipt of the products. The Consumer is responsible for covering the shipping costs related to returning the products.

  3. Conditions for Cancellation
    Consumers may only exercise their right to cancel the purchase agreement if the products are returned in their original, complete, undamaged, and unused condition, including the original packaging. The returned products must be received by LZL within 21 days of the Consumer receiving the product. The Consumer is responsible for ensuring that the products are properly stamped for return. The shipping risk and proof of return rest with the Client. If a Consumer cancels a distance sale under Articles VI.2 and VI.3, LZL will refund the amount paid for the product within thirty days of receiving the returned product.

  4. Exceptions to Cancellation Rights
    The cancellation rights outlined in Articles VI.2 and VI.3 do not apply to distance sales to Consumers in the following cases:

    • a. Products whose price fluctuates due to financial market changes outside of LZL's control;

    • b. Products that are custom-made according to the Consumer's specifications;

    • c. Products that are clearly personalized or of a personal nature;

    • d. Products that cannot be returned due to their inherent characteristics.

  5. Return of Delivered Products
    Delivered products may only be returned with prior written consent from LZL, and must be returned in accordance with the return instructions provided by LZL.

VII. Retention of Title

  1. Ownership Retention
    Ownership of all products supplied by LZL remains with LZL until the Client has fully discharged all obligations under the Agreement with LZL.

  2. Sale of Products by Professional Purchaser
    The Professional Purchaser is permitted to sell products, for which ownership remains with LZL, to third parties only in the ordinary course of their business operations.

  3. Right to Reclaim Products
    If the Professional Purchaser breaches any of its obligations under the Agreement with LZL, or if LZL reasonably believes that the purchaser will fail to fulfill its obligations, LZL reserves the right to reclaim the delivered products, either from the purchaser or from any third parties who hold the products on behalf of the purchaser.

  4. Cooperation in Product Recovery
    In such cases, the purchaser shall fully cooperate with LZL in the recovery of the products.

VIII. Defective Products and Complaints

  1. Warranty for Defects
    LZL warrants that, under normal use and in accordance with the provided user or installation instructions, and taking into account the product specifications, the products delivered to the Client will be free from defects in material or workmanship at the time of delivery and for a period of 12 (twelve) months thereafter. During this period, the products will conform to the stated product specifications.

  2. Minor Variations in Products
    LZL’s products comply with the reasonable demands and functionalities that can be expected for such products when used in the ordinary course and for their intended purposes. Certain products may exhibit minor variations in shape and color, which are a result of the materials used in manufacturing. LZL shall be deemed to have fulfilled its delivery obligations in the case of such minor deviations. All information and images related to the product's colors, materials, sizes, and other details are provided as general indications only. Minor variations in these aspects shall not be grounds for return, contract cancellation, price reductions, or claims for damages or costs.

  3. Client’s Inspection and Notification
    Upon delivery, the Client is required to inspect the products to ensure they conform to the Agreement. If any discrepancies are found in the product's appearance, the Client must notify LZL in writing with a detailed explanation immediately. In all other cases, any complaints must be made within 10 days of delivery. For Consumer Purchases, the Consumer must report any defects within 2 months of delivery.

  4. Compliance with Local Regulations
    If the product is intended for use outside France, the Client is responsible for verifying that the product complies with any applicable requirements, laws, or regulations in the destination country.

  5. Exclusion of Complaints
    Complaints will not be accepted if the product has been used in a manner contrary to the provided instructions, has been mishandled, or has been used for purposes other than those for which it was designed.

  6. Resolution of Justified Complaints
    If LZL deems a complaint regarding the product’s quality or compliance with the quality standards to be justified, LZL may, at its discretion, either accept the return of the product, replace it with an identical product, or rescind the Agreement and issue a credit for the invoiced value of the product.

  7. Delivery Obligations for Replacements
    In the event of a justified complaint, if LZL replaces a defective product, it will be considered that LZL has met its delivery obligations in a timely manner, even if the statutory delivery period agreed by the Client has been exceeded.

IX. Liability

  1. Exclusions of Liability
    LZL shall not be liable for damages arising from:

    a. Improper use of the delivered product or use for purposes other than those for which the product is intended, based on objective standards;

    b. Provision of incorrect or incomplete information by the Client to LZL;

    c. Acts of third parties assigned by LZL with the Client's consent;

    d. Materials or services provided by third parties upon the Client's request or with the Client’s consent;

    e. Misunderstandings, distortion, delays, or incomplete or abnormal receipt of orders and communications due to the use of the internet or any other means of (electrical) communication.

  2. Liability for Direct Damages
    LZL will only be liable for damages that are a direct consequence of an attributable act or failure to act by LZL. LZL shall not be liable for indirect damages and costs, including, but not limited to, lost profits, consequential damages, damages caused by delayed delivery, corrupted or destroyed data, or loss of revenue.

  3. Limit of Liability
    The total liability of LZL is limited to the amount covered by LZL's insurance. If no compensation is paid by LZL’s insurance provider, LZL's total liability will be limited to the amount of the invoice for the relevant product delivery or purchase. This amount may be further capped in accordance with Article II.3, specifically for products where the purchase price is provided to the Client upon request, limited editions, or purchase orders/agreements not completed through the Webshop.

  4. Indemnification
    The Client agrees to indemnify and hold LZL harmless from any claims by third parties arising from the execution of the Agreement that are caused by actions attributable to the Client.

  5. Exceptions to Liability Limitations
    The liability limitations set forth in Articles IX.1 through IX.4 do not apply in the following cases:

    a. Damages resulting from willful misconduct or gross negligence by LZL or its employees;

    b. Product liability as stipulated in Articles 1245 to 1245-17 of the French Civil Code.

X. Privacy policy

  1. Use of Personal Data
    LZL collects and processes personal data provided by the Client to:

    • Fulfill its obligations under the Agreement;

    • Conduct marketing activities;

    • Maintain its relationship with the Client.

  2. LZL complies with applicable privacy laws, including the Personal Data Protection Act. The processing of personal data is registered with the French Data Protection Authority.

    1. Client Rights
      The Client has the right to access their personal data at any time. To request access, the Client should contact LZL via email at info@lucaszito.com.

    2. Unforeseen Circumstances
      If unforeseen events beyond either party's control prevent the fulfillment of obligations, these obligations will be temporarily suspended. The party affected by such events must promptly inform the other party of the occurrence and cessation of these circumstances.

XI. Force Majeure

  1. Definition of Force Majeure
    Force majeure refers to any unforeseen and unavoidable event beyond the control of the parties, which prevents the fulfillment of their obligations. Examples include transportation disruptions, natural disasters (e.g., earthquakes, fires, floods), or interruptions to telecommunications networks outside the parties’ control.

  2. Resolution of Force Majeure Events
    The parties will work together in good faith to assess the situation and determine how to proceed with the Agreement.

  3. Termination Due to Prolonged Force Majeure
    If the force majeure event continues for more than three months, either party may terminate the Agreement without further liability.

XII. Intellectual Property Rights

  1. Ownership of Intellectual Property
    The Client acknowledges that LZL holds ownership or licensing rights to all intellectual property associated with its products, including images, packaging, website content, texts, trademarks, trade names, logos, proprietary information, concepts, and databases.

  2. Prohibition of Unauthorized Use
    Reproducing, distributing, or publicly disclosing any of these protected materials, either fully or partially, is strictly forbidden without LZL’s prior written consent.

  3. Non-Transfer of Rights
    The Client may not assign, transfer, or delegate the Agreement or any associated rights or obligations to a third party without LZL's prior written approval.

XIII. Applicable Law and Competent Court

  1. Governing Law
    All rights, obligations, offers, orders, Agreements, and these General Terms & Conditions are governed solely by French law.

  2. Jurisdiction
    Any disputes arising between the parties will be resolved by the competent Courts in France.