These General Terms and Conditions of Sale govern orders placed on the website https://lvsublim.com, operated by LVSublim. They apply to sales to consumers and, subject to any specific agreements and applicable regulations, to business customers.
Before placing an order, customers are invited to read these terms and conditions. By confirming an order, customers accept these terms without prejudice to their mandatory statutory rights.
1. Seller Information
LVSublim – Vivien Lagniet EI
Sole proprietor (Entrepreneur individuel)
306 rue de Bresse
01330 Villars-les-Dombes – France
SIREN: 798 735 460
SIRET: 798 735 460 00015
Email: contact@lvsublim.com
Telephone: +33 6 01 73 47 25
Website: https://lvsublim.com
2. Products and Specifications
LVSublim sells lutherie accessories, guitar and bass parts, manufacturing templates, supplies and other products intended in particular for the manufacture, repair and customisation of musical instruments.
Some products are manufactured by LVSublim, while others are purchased from suppliers and resold.
The essential characteristics of the products, including their dimensions, materials, colours, configurations and any compatibility requirements, are specified on the product pages.
Customers are advised to check the dimensions and compatibility of parts with their instrument or project before ordering.
Photographs are provided to illustrate the products. Minor differences in appearance may occur depending on materials, screens or manufacturing processes, without affecting the contractually agreed characteristics.
3. Orders
Customers select the products and quantities they wish to purchase and add them to their shopping cart.
Before final confirmation, customers may review the details of their order, quantities, prices, shipping costs, billing and delivery information, and correct any errors.
An order is confirmed once these terms and conditions have been accepted and the obligation to pay has been acknowledged, in accordance with the checkout procedure provided by the online store.
An order confirmation is sent to the customer by email.
Where the selected payment method requires subsequent confirmation, order processing may be suspended until payment has been received or validated.
If a product becomes unavailable after an order has been placed, LVSublim will inform the customer and offer a solution consistent with their statutory rights.
4. Prices and Payment Methods
Prices are displayed in euros.
LVSublim benefits from the French VAT exemption scheme for small businesses. VAT not applicable pursuant to Article 293 B of the French General Tax Code.
Product prices do not include shipping costs, which are calculated and displayed before final confirmation of the order.
Accepted payment methods are those actually offered during checkout. The specific terms applicable to each payment method shall apply.
Customers undertake to use a payment method they are authorised to use.
For shipments outside the European Union, customs duties, import taxes or customs clearance charges may apply. Where these amounts cannot be calculated in advance, customers are informed of this possibility before placing their order.
5. Manufacturing and Customisation
Products manufactured by LVSublim generally require a preparation and manufacturing period of 3 to 5 working days before dispatch.
This usual period may vary depending on quantities, materials, the nature of the product and any requested customisation.
For specific projects subject to a quotation, the product specifications and manufacturing time are agreed with the customer before the order is confirmed.
Where customers provide plans, digital files, drawings or measurements, they are responsible for checking the accuracy of the information supplied. LVSublim remains responsible for manufacturing products in accordance with the contractually agreed specifications and its statutory obligations.
Goods made to the consumer's specifications or clearly personalised may be excluded from the statutory right of withdrawal under Article L. 221-28 of the French Consumer Code.
The fact that a standard product is manufactured only after an order has been received does not automatically exclude it from the right of withdrawal.
Statutory warranties remain applicable to personalised products.
6. Delivery
Orders are dispatched to the address provided by the customer, within the geographical areas served by the online store.
Available delivery methods and shipping costs are displayed before the order is confirmed.
6.1. Manufacturing and Delivery Times
For products manufactured by LVSublim, the usual preparation and manufacturing time is 3 to 5 working days before dispatch.
Shipping transit times are additional to the manufacturing period.
The delivery date or delivery period communicated to the customer before confirmation of the order constitutes the applicable commitment.
Where no delivery date or period has been specified or agreed, delivery shall take place no later than 30 days after the conclusion of the contract, subject to applicable statutory provisions.
In the event of late delivery, consumers have the remedies provided for under the French Consumer Code, including the right to request delivery within a reasonable additional period and, where the statutory conditions are met, to terminate the contract.
6.2. Transfer of Risk
For sales to consumers, the risk of loss or damage passes to the consumer when the consumer or a third party designated by them, other than the carrier, takes physical possession of the goods.
Where the consumer independently chooses a carrier not offered by LVSublim, the risk may pass when the goods are handed over to that carrier, in accordance with the law.
6.3. Delivery Problems
If a parcel is damaged, missing or not received, customers are encouraged to contact LVSublim promptly.
Failure to make immediate reservations with the carrier does not remove the consumer's statutory rights.
7. Right of Withdrawal
In accordance with Articles L. 221-18 et seq. of the French Consumer Code, consumers generally have 14 days from receipt of the goods to exercise their right of withdrawal, without having to provide a reason.
Where several goods from the same order are delivered separately, the withdrawal period generally begins upon receipt of the last item.
7.1. Exercising the Right of Withdrawal
Consumers may notify their decision to withdraw:
- By email to contact@lvsublim.com.
- By post to LVSublim – Vivien Lagniet EI, 306 rue de Bresse, 01330 Villars-les-Dombes, France.
- Using the standard withdrawal form provided at the end of these terms and conditions.
- Through the online withdrawal functionality where this is made available in accordance with applicable statutory requirements.
The notification must clearly express the consumer's decision to withdraw. No reason is required.
7.2. Returning Products
After notifying their decision, consumers have 14 days to return the goods, unless LVSublim offers to collect them.
The direct cost of returning goods following withdrawal is borne by the consumer, subject to the required prior information and any statutory exceptions.
Consumers may inspect and handle products to the extent necessary to establish their nature, characteristics and proper functioning.
Consumers may be liable for any reduction in value resulting from handling beyond what is necessary for this inspection.
7.3. Products Excluded from the Right of Withdrawal
Under Article L. 221-28 of the French Consumer Code, goods made to the consumer's specifications or clearly personalised are excluded from the right of withdrawal.
This exception does not automatically apply to standard products simply manufactured after an order is placed.
Exclusion from the right of withdrawal does not affect applicable statutory warranties.
8. Refunds Following Withdrawal
In the event of a valid withdrawal, LVSublim will refund the relevant payments, including the initial delivery costs corresponding to the least expensive standard delivery method offered, in accordance with the law.
Additional costs resulting from the customer's choice of a delivery method more expensive than the least expensive standard option offered are not necessarily refundable.
Refunds will be made no later than 14 days after notification of the withdrawal.
For sales of goods, LVSublim may withhold the refund until the returned goods have been received or until evidence of their dispatch has been provided, whichever occurs first.
Refunds will be made using the same payment method as the original transaction, unless the consumer expressly agrees to another method, without incurring additional charges.
9. Statutory Warranties
Products sold by LVSublim benefit from the applicable statutory warranties, including the statutory guarantee of conformity provided for in Articles L. 217-1 et seq. of the French Consumer Code and the warranty against hidden defects provided for in Articles 1641 et seq. of the French Civil Code.
These warranties apply to the goods concerned, whether manufactured by LVSublim, purchased for resale or made to order. Any exclusion of the right of withdrawal for personalised products does not remove the statutory warranties.
Information on Statutory Warranties
The consumer has a period of two years from delivery of the goods to obtain implementation of the statutory guarantee of conformity if a lack of conformity appears. During this period, the consumer is required to establish only the existence of the lack of conformity, not the date on which it appeared.
Where the contract for the sale of goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the statutory guarantee applies to that digital content or digital service throughout the agreed supply period. During this period, the consumer is required to establish only the existence of the lack of conformity affecting the digital content or digital service, not the date on which it appeared.
The statutory guarantee of conformity requires the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The statutory guarantee of conformity entitles the consumer to repair or replacement of the goods within 30 days of their request, free of charge and without major inconvenience.
If the goods are repaired under the statutory guarantee of conformity, the consumer benefits from a six-month extension of the original guarantee.
If the consumer requests repair but the seller imposes replacement, the statutory guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price while retaining the goods or terminate the contract and receive a full refund in exchange for returning the goods if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement takes place after a period of 30 days;
3° The repair or replacement causes major inconvenience to the consumer, particularly where the consumer permanently bears the cost of taking back or removing the non-conforming goods, or bears the installation costs of the repaired or replacement goods;
4° The lack of conformity persists despite an unsuccessful attempt by the seller to bring the goods into conformity.
The consumer is also entitled to a price reduction or termination of the contract where the lack of conformity is sufficiently serious to justify an immediate price reduction or termination. In this case, the consumer is not required to request repair or replacement beforehand.
The consumer is not entitled to terminate the sale if the lack of conformity is minor.
Any period during which the goods are unavailable for repair or replacement suspends the remaining guarantee period until the repaired goods are delivered.
The rights described above arise from Articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who acts in bad faith to obstruct implementation of the statutory guarantee of conformity may incur a civil fine of up to EUR 300,000, which may be increased to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).
The consumer also benefits from the statutory warranty against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are retained or a full refund in exchange for returning the goods.
9.1. Contact Details of the Seller Responsible for Warranties
LVSublim – Vivien Lagniet EI
306 rue de Bresse
01330 Villars-les-Dombes – France
Email: contact@lvsublim.com
Telephone: +33 6 01 73 47 25
9.2. Making a Warranty Claim
To report a lack of conformity or hidden defect, customers may contact LVSublim, providing their order number, product reference and a description of the problem where possible.
Photographs may help assess the claim but are not a systematic requirement for exercising statutory warranty rights.
Implementation of the statutory guarantee of conformity is free of charge for consumers under the conditions provided by law.
9.3. Personalised and Custom-Made Products
Products manufactured according to the customer's specifications also benefit from applicable statutory warranties.
A manufacturing error, material defect or discrepancy from the contractually agreed specifications may constitute a lack of conformity.
Any exclusion of the right of withdrawal for clearly personalised products does not deprive consumers of their statutory warranties.
10. Liability and Product Use
Lutherie accessories, templates and technical parts must be used in accordance with their intended purpose and specifications.
Customers are advised to check dimensions, installation requirements and compatibility with their instrument before making any irreversible modifications.
LVSublim cannot be held liable for damage exclusively attributable to abnormal use, inappropriate modification or installation contrary to the instructions provided, subject to mandatory statutory provisions.
These provisions do not limit LVSublim's liability under statutory warranties or any other liability that cannot legally be excluded or restricted.
11. Protection of Personal Data
LVSublim processes personal data necessary for managing orders, payments, deliveries, invoices and customer relations, in accordance with applicable regulations, including the General Data Protection Regulation (GDPR).
Data may be shared with service providers involved in fulfilling orders, to the extent necessary for their services.
Retention periods, legal bases, individual rights and contact procedures are detailed in the store's privacy policy.
Customers may exercise their rights under applicable regulations, including the rights of access, rectification and, where the relevant conditions are met, erasure, restriction or objection.
For any request concerning personal data, customers may contact LVSublim at contact@lvsublim.com.
12. Newsletter and Marketing Communications
Subscription to the newsletter is separate from placing an order.
Electronic marketing communications are sent in compliance with applicable rules, particularly those concerning prior consent and legally permitted exceptions.
Each marketing message includes a means of opting out of future communications or unsubscribing.
13. Intellectual Property
Texts, photographs, original creations, graphic elements and other content on the LVSublim website are protected by intellectual property rights where they meet the legal requirements for protection.
Trademarks, designs and other elements belonging to third parties remain the property of their respective owners.
The sale of a product does not, in itself, transfer any intellectual property rights associated with it.
Unauthorised reproduction or exploitation of protected content may infringe the rights of its owner, subject to exceptions provided by law.
14. Force Majeure
In the event of circumstances meeting the legal definition of force majeure, including that set out in Article 1218 of the French Civil Code, affected obligations may be suspended or the contract terminated under the conditions provided by law.
Where possible, LVSublim will inform the customer of the difficulties encountered and their foreseeable consequences for the fulfilment of the order.
15. Amendments to the Terms and Conditions
LVSublim may amend these terms and conditions for future orders.
The terms applicable to an order are those accepted by the customer when the contract was concluded, subject to mandatory statutory provisions.
Publication of a new version does not retrospectively modify contracts already concluded.
16. Complaints and Consumer Mediation
In the event of a dispute, customers are invited to contact LVSublim to seek an amicable solution.
Complaints may be submitted by email to contact@lvsublim.com or by post to the business address provided in Section 1.
In accordance with Articles L. 612-1 et seq. of the French Consumer Code, consumers are entitled to use a consumer mediator free of charge in an attempt to resolve a dispute amicably.
Before referring a dispute to the mediator, consumers must have submitted a written complaint to LVSublim, in accordance with the statutory admissibility requirements.
Consumer mediator contact details:
- Organisation: [TO BE COMPLETED AFTER APPOINTMENT]
- Postal address: [TO BE COMPLETED]
- Website: [TO BE COMPLETED]
- Procedure for submitting a complaint: [TO BE COMPLETED]
17. Applicable Law and Disputes
These terms and conditions are governed by French law, without prejudice to any mandatory consumer protection provisions applicable in the consumer's country of residence.
In the event of a dispute that cannot be resolved amicably, the competent courts shall be determined in accordance with applicable legal rules.
Nothing in these terms and conditions deprives consumers of their mandatory statutory rights or remedies.
18. Standard Withdrawal Form
Complete and send this form only if you wish to withdraw from a contract to which the right of withdrawal applies.
To:
LVSublim – Vivien Lagniet EI
306 rue de Bresse
01330 Villars-les-Dombes – France
Email: contact@lvsublim.com
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the sale of the following goods (*) / provision of the following services (*):
Product(s) or service(s) concerned: ................................................
Ordered on (*) / received on (*): ................................................
Name of consumer(s): ................................................
Address of consumer(s): ................................................
Date: ................................................
Signature of consumer(s) (only if this form is submitted on paper): ................................................
(*) Delete as appropriate.
For any questions concerning an order, product or delivery, contact LVSublim at contact@lvsublim.com or on +33 6 01 73 47 25.