Terms and Conditions of Sale

1. Purpose and scope

These terms and conditions of sale (the “Terms of Sale”) govern sales of the personalised products offered by Lullae on the lullae.fr and lullae.com websites (the “Site”) to any private individual, not acting as a trader, who makes a purchase (the “Customer”). Any order implies the Customer’s full and complete acceptance of these Terms of Sale, which prevail over any other document.

Lullae creates family memory objects made from the photographs and information provided by the Customer (portraits, posters, restorations, family trees, books). Each creation is a personalised product, made to order and produced specifically according to the Customer’s instructions.

2. Products

The essential characteristics of each product (materials, size, finish, options) are presented on the Site. Visuals and previews are provided for illustration; slight variations in colour, framing or rendering may occur depending on the medium, the viewing screen and the manufacturing process, without this constituting a defect.

3. Prices

Prices are shown in euros, including all taxes. They exclude delivery costs, which are specified before the order is confirmed and repeated in the order summary. Lullae reserves the right to change its prices at any time; the product is invoiced at the price in force when the order is confirmed.

4. Ordering

An order follows these steps:

• the Customer uploads the photographs and information needed for personalisation;
• where applicable, a preview (design proposal) is shown, which the Customer approves;
• the cart, contact details and delivery costs are checked;
• these Terms of Sale are accepted and payment is made;
• an order confirmation is sent by email, forming the contract of sale.

Confirming the order constitutes approval for printing: the Customer is responsible for the accuracy of the information provided (spelling of first names, dates, options chosen, quality of the photographs). Lullae cannot be held liable for an error in the elements approved by the Customer.

5. Payment

Payment is made online, when ordering, by the means offered on the Site (bank card and the other options shown at checkout). Transactions are secured by our payment provider Shopify Payments. Lullae never has access to the Customer’s full bank details. The order is only definitively recorded once payment has actually been received.

6. Made-to-order production

As the products are personalised and made to order, production only starts once the Customer has confirmed the order and, where applicable, approved the preview. Each creation is unique and made specifically for the Customer: it can neither be returned to stock nor resold.

7. Production and delivery times

The times shown are averages, in working days from the confirmation of the order (and of the preview, where one is required):

• Production: about 1 to 2 working days;
• Transit: 3 to 5 working days.

Full details (delivery areas, costs, tracking, handling of disputes) are given on our Delivery & returns page. In the event of a delivery delay attributable to it, Lullae informs the Customer; in accordance with Article L216-6 of the French Consumer Code, the Customer may, under the conditions laid down by law, ask for the sale to be cancelled.

8. Delivery

Products are shipped to the delivery address given by the Customer when ordering. Risk passes to the Customer when the parcel is handed over. On receipt, the Customer is asked to check the condition of the parcel and, in the event of damage or missing items, to record reservations with the carrier and inform Lullae as soon as possible.

9. Right of withdrawal

The fourteen-day right of withdrawal provided for distance sales applies to some of our sales and not to others, depending on whether the product was made for you or already existed. The details below are a commitment on our part.

Personalised creations: no withdrawal

Creations made from your photographs, your texts or your composition choices do not give rise to a right of withdrawal. This covers the Family Portrait, the Child Portrait, the Pet Portrait, the Realistic Portrait, the Birth Print, the Family Poster, the Family Tree, the Editions, Photo Restoration and the Photo Print. Under Article L221-28, 3° of the French Consumer Code, this exception covers goods made to the consumer’s specifications or clearly personalised: these works do not exist before your order and could not be offered to anyone else.

In return, you approve your preview before any payment, and if the likeness does not convince you, we rework the piece free of charge. As nothing goes to print without your agreement, there is no risk of buying blind.

Wall art: fourteen days to change your mind

Works from our wall art range, chosen as they are from our catalogue, carry the fourteen-day right of withdrawal. You have fourteen days from receipt to tell us of your decision, without having to give a reason, then fourteen days to return the work to us. Email us at [email protected]: we will give you the return address. The work must come back to us in its original packaging and in a resaleable condition. Return costs are your responsibility, and we refund you within fourteen days of receiving it.

An exception to this exception: if you have had text engraved on a wall art work (a name, a date, a dedication), it becomes a personalised good within the meaning of Article L221-28, 3° and can no longer be returned.

In all cases, these rules do not deprive the Customer of any of the legal guarantees described below in the event of a non-conforming or defective product.

10. Legal guarantees

Legal guarantee of conformity

Independently of any commercial guarantee, Lullae remains bound by the legal guarantee of conformity (Articles L217-3 et seq. of the French Consumer Code). The Customer has two years from delivery of the goods to take action. They may obtain conformity of the product through repair or replacement or, failing that, a price reduction or cancellation of the contract, under the conditions laid down by law. The guarantee of conformity applies independently of the withdrawal exception set out in Article 9.

Guarantee against hidden defects

The Customer also benefits from the legal guarantee against hidden defects in the item sold (Articles 1641 et seq. of the French Civil Code), allowing them to obtain cancellation of the sale or a price reduction, in accordance with Article 1644 of the French Civil Code.

11. After-sales service and complaints

For any complaint, non-conforming product, damage in transit or defect found, the Customer contacts Lullae at [email protected], attaching photographs where possible. In line with our “a true likeness, or remade” promise, we look carefully at every request and, where appropriate, make the piece again.

12. Consumer mediation

In accordance with Articles L611-1 et seq. of the French Consumer Code, the Customer has the right to use a consumer mediator free of charge to resolve amicably any dispute with Lullae, after first trying to resolve it directly with our customer service at [email protected]. The contact details of the competent mediator can be provided on simple request to the same address.

The Customer may also use the European online dispute resolution platform at ec.europa.eu/consumers/odr.

13. Governing law and disputes

These Terms of Sale are governed by French law. In the event of a dispute, and failing an amicable resolution, the French courts will have jurisdiction under ordinary law.