LALALAB. | Terms and Conditions

Terms and conditions

Article 1: Application of Terms and Conditions

These Terms and Conditions of (hereinafter “T&Cs”) apply to all online sales concluded between the company Invaders Corp (trade name LALALAB.), Société par Actions Simplifiée, with a capital of 12,920 euros whose head office is located at 144 quai de Jemmapes 75010 Paris in France, registered with the Paris Trade and Companies Register under the number 538 606 377 (hereinafter “LALALAB.”) and any person using or making a purchase online (hereinafter “the User”) via the LALALAB. website or the LALALAB. application.

The User acknowledges having read these T&Cs before placing an order. They are expressly accepted without reservation by the User making an online purchase via the LALALAB. website or the LALALAB. application. The User waives the right to invoke contrary measures or measures not expressly specified in these T&Cs.

LALALAB. reserves the right to modify these T&Cs at any time. Any new version will be applicable to all usage and orders placed after it is first posted on the LALALAB. website or the LALALAB. application.

Article 2: Definitions

Each term starting with a capital letter below corresponds to the definition which appears in this article.

Products: refers to any product available on the LALALAB. website or LALALAB. application.

User: refers to any Internet user using the LALALAB. website or LALALAB. application.

Website: refers to the platform where the User can purchase Products, accessible via the URL www.lalalab.com.

Application: refers to the LALALAB. application, available on the App Store, Google Play Store and the Huawei App Gallery, from which the User can purchase Products.

“LALALAB.” service or the “Service” refers to the LALALAB. Service that allows the User to create and receive Products at their home using the Website or Application.

Article 3: Purpose and description of the LALALAB. Service.

The LALALAB. Service is available to the User, for their own needs. LALALAB. offers printing and personalization of photographic products; this requires a presupposed access to an Internet connection. The Products offered to the User are described with the greatest possible care and precision. However, for any question or clarification concerning the Products, the User is invited to contact the LALALAB. Service. Insofar as the User has correctly completed all the necessary fields for the production of their Product, LALALAB. prints it and sends it to the recipient.

Article 4: Costs of Using the Service

The Service is accessible via the Internet. Connection costs are the responsibility of the User. It is up to the User to sign up to the Internet and to have the configuration necessary to use the Service.

Article 5: Orders

To place an order, the User must proceed as follows:

Step 1: choose and personalize their Product: choose the format, select their photos, validate the product.

Step 2: identify themself: fill in their personal details

Step 3: Specify the delivery address

Step 5: choose a delivery method

Step 6: validate the contents of their basket after having verified and corrected any eventual errors

Step 7: choose a payment method and fully and unreservedly accept these T&Cs

Step 8: validate the payment

The order can be made in French, English, German, Spanish or Italian.

In accordance with applicable regulations, LALALAB. informs the User that any order starting from 120 euros will be archived for 10 years, and that a copy of the sales contract will be sent to anyone who requests it, for the cost of reproduction and sending.

Article 6: Price and Payment

6.1 Price

The prices invoiced are those indicated on the Website or Application at the time of the order and are indicated in euros, all taxes included (TTC), not including participation in shipping fees.

Prices may be changed at any time.

Any change in the VAT rate will be automatically reflected in the price of the Products.

Shipping fees are indicated before validating the order.

6.2. Payment

Invoices are payable in full and in a single payment.

Payment is made by Bank Card (Visa, Mastercard, American Express, Maestro), bank transfer (iDeal, SEPA, GiroPay, Bancontact), Paypal, Apple Pay or Google Pay.

The amount of the order is debited at the time of validation of the order. The User guarantees that they have the necessary authorizations to use the payment method chosen when placing the order. The processing of the order is then started (with the exception of weekend and public holiday periods). If the payment is not accepted or completed, the purchase procedure in progress is canceled and the pre-selected items are deleted. When paying for the User’s orders by Bank Card, the transmission of their bank details to the Checkout payment service, which handles the banking transactions, is done in a secure manner (SSL encryption). The User’s bank details must be entered for each order. They are used only for the payment transaction.

LALALAB. reserves the right to refuse to make a delivery or to honor an order from a User who has not paid for a previous order or with whom a payment dispute is in progress.

Payment is validated upon the receipt of any additional information requested.

Delivery time starts from the date of payment validation.

6.3 Order confirmation

An email confirming the payment and order is sent to the User as soon as possible to the email address indicated when the order is placed by the User.

LALALAB. reserves the right to refuse any order from a User in the event of an unsettled dispute relating to the payment of a previous order or for any other legitimate reason.

Article 7: Delivery and Distribution of Products

7.1 Once the Product is sent to LALALAB. and printed, it is dispatched by postal delivery to the destination country, according to the delivery method chosen by the User. Tracking for delivery of the order is possible for certain Products.

7.2 The services that have been paid for will be delivered to the recipient’s address as indicated on the order by the User. LALALAB. services offer delivery to more than forty (40) countries. If the User has any questions about delivery in their country, they can contact us directly by email.

7.3 The delivery time varies according to the Product. For more information, the User can consult the FAQs detailing the delivery times for each Product.

Delay - In the event of late delivery, the User may demand LALALAB. make the delivery within a reasonable additional time (minimum 10 working days). If LALALAB. has not complied within this period, the User has the right to cancel their order by sending an email to the following address: contact@lalalab.com specifying the items in the order to be canceled.

The User will then be reimbursed as soon as possible and at the latest within 14 days following the date of the cancelation of the order.

Irregularities / non-conformities – The User is required to verify the condition of the package and the Products upon receipt. In the event of an irregularity concerning the package or the Products (damage, open or damaged packaging, missing or defective product, etc.), the User must make note on the carrier receipt and imperatively inform LALALAB. within 3 days of receiving the package.

Any complaint linked to the non-conformity of the Products in relation to the order form must be made by the User to LALALAB. within 10 calendar days after receiving the Products. Any complaint made after this period will be refused by LALALAB.

In the event of an irregularity or non-conformity, the User will provide LALALAB. photos of the irregularity or non-conformity of the Product concerned and will request either the reimbursement of all sums paid for this Product or the replacement of the defective or non-conforming Product with an equivalent Product.

Complaint form – Any complaint whatsoever must be expressed promptly by the User via email to the following address: contact@lalalab.com , clearly specifying the items in the order.

RIGHT OF WITHDRAWAL: In the case of a personalized product, LALALAB. informs the User that they have no right of withdrawal.

Article 8: Product Quality and Storage

For the purposes hereof, the User agrees to provide LALALAB. photos which must be of sufficient quality to enable the creation of the Products. The minimum recommended resolution (which varies according to the Product) is detailed on a dedicated section in the FAQs. The difference in quality between the photo provided by the User and that printed on the Product can affect colors or the appearance, in particular due to the quality of the original Picture but also the display quality of the screen on the device used. The User acknowledges that the print quality of the Products is based on the quality of the Picture provided to LALALAB. Similarly, the User must themselves ensure the choice of Products and their framing. LALALAB. will not replace or reimburse Products whose quality, deemed insufficient by the User, is due to the quality of the Picture or the framing validated by the User.

Article 9: Liability

Legal warranty — All the Products supplied by LALALAB. are covered by a legal warranty of conformity as stipulated in articles L.217-4 and following of the consumer code and the legal warranty against hidden defects as stipulated in articles 1641 and following of the civil code.

LALALAB. is responsible to the User for the correct execution of the sales contract. However, it cannot be held liable for the non- or poor execution of the contract concluded in the event of force majeure as recognized by case law, an event attributable to the User, or a problem inherent to the use of the Internet.

LALALAB. can in no way be held responsible for the reliability of data transmission, access times, or potential access restrictions to the Internet or networks connected to it. LALALAB. is not responsible in the event of an interruption of the access networks to the Website or Application, total or partial unavailability of the Website or Application resulting in particular from the host, an error in transmission or problems relating to the security of transmissions, or the failure particularly of receiving equipment.

The User is reminded that the Service offered by the Website relates to private correspondence. LALALAB. therefore does not exercise any control or monitoring accompanying the delivery of the Products. As such, the User must be at least 18 years old and have the legal capacity or hold parental authorization allowing them to contract and use the service. The User is expressly informed that the files stored, used and transmitted as part of the Service are under their sole responsibility. Consequently, only the User of the service will assume both civil and criminal liability for the content transmitted via the Service. Nevertheless, LALALAB. alerts the User to the need to comply with the applicable laws and regulations concerning the visuals of the Photos sent as part of the Service. The User is prohibited from storing, downloading or sending any data that is prohibited, illicit, illegal, contrary to good conduct or public order and infringing or likely to infringe the rights of third parties. LALALAB. cannot be held responsible for the illegal nature of the photos with regard to the applicable laws and regulations. The User is therefore prohibited from storing, downloading or transmitting any photo which could be illicit, or in particular constituting incitement to the realization of crimes and offences, incitement to discrimination, hatred or violence due to race, ethnicity or nation, advocating Nazism, contesting the existence of crimes against humanity, attacks on the authority of justice, information relating to trials in process or to an individual tax situation, dissemination outside the authorized conditions of polls and simulations of votes relating to an election or referendum, defamation and insults, invasion of privacy, or acts endangering minors, as well as any file intended to display prohibited objects and/or works; this list not being exhaustive. The User agrees to comply with all the applicable laws and regulations concerning the prohibition of the dissemination of pornographic, obscene images, or those of a nature to seriously undermine human dignity. The User declares to be the legal owner of all the photos used as part of the Service and that they are free of all rights. The User may not store or transmit files which infringe the proprietary rights of other persons, such as texts, images, trade secrets, internal or confidential information; this list not being exhaustive. The User may not store or transmit photos which reveal the private or personal affairs of any person without their express prior consent. The User agrees that each person depicted has given their consent for the use and dissemination of their image.

The User is expressly informed that LALALAB. does not exercise any control or monitoring of the files transmitted as part of the use of the Service. However, the User acknowledges to be informed if LALALAB. is alerted by a third party and by any means whatsoever of the illicit nature of content transmitted by the Service, LALALAB. will submit said content to the competent judicial or regulatory authorities who will treat it accordingly. LALALAB. also reserves the right, depending on the legal qualification of the alleged breaches in question, to terminate access to the Service of the User at the origin of the disputed content and reserves the right to implement all means tending to enforce their rights.

The Service is reserved for individuals for strictly private use. The User therefore agrees to send only files of amateur photo works, by definition without market value, and therefore not intended for professional or lucrative purposes. The User expressly agrees not to make any commercial use of the Service. LALALAB. cannot be held liable in the event of misuse of the Service, in particular if the User orders an excessive quantity of Products. LALALAB. cannot be held liable for any indirect damage that the User or recipient may suffer during the supply or use of the Service. The parties acknowledge that any moral, commercial or financial damage as well as any action directed against the User by a third party; this list not being exhaustive, are considered as indirect damages.

Article 10: Modification or suspension of the Service

Invaders Corp may be required to stop its LALALAB. Service, notably for maintenance purposes.

Article 11: Intellectual Property

The content of the Website and Application made available to the User are the property of LALALAB. and are protected intellectual property rights. As such, any total or partial reproduction of the Website and/or Application is strictly prohibited. Only single reproduction is authorized for the strictly private use of the User.

All the constitutive elements of the Application, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of LALALAB.

Article 12: Personal data

The User’s personal data is collected and managed in strict compliance with the applicable regulations, in accordance with LALALAB.’s privacy policy available on the Website and Application..

More information is available in our Privacy Policy.

Article 13: Convention of Proof

The Parties agree that the proof of their contractual obligations will be reported as follows: Regarding the agreement of the Parties, it is agreed that clicking on the button “I pay and I accept the Terms and Conditions” manifests the consent of the User and entails their acceptance of the said Terms and Conditions. Furthermore, it is agreed that the order of Products is validly concluded with LALALAB. in application of these Terms and Conditions when the User, identified when joining the service, clicks on the “submit” icon when entering their bank card number and that LALALAB. accepts this payment after verifying the bank details. In the event of a dispute concerning the reality or terms of the transaction, the digital records provided by the secure bank payment server will serve as proof between the parties. The Parties agree that in the event of a dispute, the identifiers used as part of the Service are admissible in court and will be proof of the data and facts they contain.

The Parties accept that in the event of a dispute, the connection data relating to actions carried out using the User’s identifiers are admissible in court and constitute proof of the data and facts they contain. Evidence to the contrary can be adduced.

Article 14: Settlement of disputes – Mediation – Competent court – Applicable law

Failing an amicable settlement between the User and LALALAB., in the event of a dispute relating to the interpretation, creation or execution of these Terms and Conditions and the sales contract, the User has the right, in accordance with the articles L612-1 and following of the Consumer Code, to have recourse free of charge (except for any legal and expert fees that they may claim) to a consumer mediator. LALALAB. informs the User that it adheres to the following consumer mediation system: Centre de Médiation et d’Arbitrage de Paris (CMAP). After the User’s prior written correspondence to LALALAB., the CMAP can be referred to for any consumer dispute whose settlement has not been successful. To submit their dispute to the mediator, the User can: (i) complete the form on the CMAP website: www.cmap.fr/offre/un-consommateur/; or (ii) send their request by standard or registered post to MAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS; or (iii) send an email to consommation@cmap.fr. Please note that mediation is not mandatory but only offered in order to resolve disputes by avoiding going to court.

These terms and conditions are subject to French law. In the event of continuing disagreement on the application, interpretation and execution of these present terms and conditions, and after failure to reach an amicable agreement, any dispute will be dealt with by the competent courts within the jurisdiction of Paris, notwithstanding multiple defendants or summary proceedings or warranty claim or precautionary measure.