1. General informations
We are LAMA FACTORY (trading under the websites www.lamafactory.com and www.lama.co), a simplified joint stock company with capital of €20,000 registered with the Grenoble Trade and Companies Register under number 885 091 876, with registered office located at 17 chemin de Beauséjour, 38240 Meylan, France (hereinafter referred to as “LAMA FACTORY”). We are trading under the websites:
• www.lamafactory.com is a website dedicated to custom picture framing and fine art printing (hereinafter referred to as “lamafactory.com”)
• www.lama.co is an all-in-one e-commerce platform for artists & creative minds to print, frame, store and sell their digital artworks to the world (hereinafter referred to as “Lama.co”)
You can contact us by telephoning our team at +33 (0) 1 76 42 13 87 or by sending us an email at hello@lamafactory.com. You can send us a letter to our framing and printing studio based in Paris (Lama Factory - Metropole 19 - Building C/ 4th Floor - 134 rue D’aubervilliers 75019, Paris, France).
We will try our best to respond to all queries within a suitable time, but shall not be liable for any delay in doing so.
These Terms of Use (”the Terms”) are intended to set out the rights and obligations of LAMA FACTORY (”the Company
2. Purpose
These Terms of Use ("the Terms") are intended to set out the rights and obligations of LAMA FACTORY ("the Company"), the User ("the User") on the site www.lama.co ("the Site") and the User Customers ("the Customers"). They apply exclusively between LAMA FACTORY (hereinafter referred to as “LAMA FACTORY”) and any consumer who is a natural person visiting or making a purchase via the Site (hereinafter referred to as “the Customer”).
LAMA FACTORY allows the Customer to use the Site to order products from the LAMA FACTORY brands (hereinafter 'the Product(s)') online in accordance with these general conditions. Any order placed with LAMA FACTORY therefore implies the Customer's unconditional acceptance of these conditions. These general conditions may be modified at any time and without notice by LAMA FACTORY, the prevailing conditions being those in force on the date on which the order is placed by the Customer.
3. Products & compliance
We provide a number of goods including printing, mounting and framing (the “Products”). The Products offered for sale appear on the Sites within the limits of available stocks, and are accompanied by a product description that is as complete as possible. LAMA FACTORY reserves the right to modify at any time the products list as well as their description.
The Products offered by LAMA FACTORY comply with the standards applicable in France.
Elements such as photographs, texts, graphics as well as all information and characteristics illustrating and/or accompanying the Products are not contractual, which the User acknowledges.
We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our websites without notice.
Consequently, LAMA FACTORY cannot be held liable in the event of error or omission of any of these elements or in the event of modification of the said elements by the suppliers and/or publishers.
4. User obligations & Use of the Services when creating a LAMA.co account
Anyone may create a Lama.co account by going to the "Sign-up" page. To create an account, the user must fill out the form on the site, and it is free to open. The account is personal and allows the user to identify themselves before each order. The user must be at least 18 years old and have legal authority or parental consent to place an order on the site. The user must provide accurate information such as their full name, address, telephone number, invoicing address, and valid email address.
4.1. Your responsibility regarding your Lama.co account
You confirm to us that all information provided by you in your Lama.co account is true and accurate. You must keep your Lama.co account information up to date. We may use the information you provide to verify your identity. We may refuse to accept any registration in our discretion. We are not liable for any incorrect sale information in Lama.co store.
4.2. Lama.co as a storage facility
Although your Lama.co account is a storage facility for your files, you must ensure that you also have your own storage and backup of these files, and we accept no liability for any loss of any or part of the Files in your Lama.co account. account.
4.3. Connecting your E-commerce store
If you want to automate your orders, you may be required to connect your Lama.co account to an e-commerce store of your own, with your own domain, using an API or plugin/ app to your ecommerce store account such as Shopify, Bigcartel, Squarespace etc.
4.4. Uploading & sharing digital artworks on Lama.co
Whenever you upload digital artworks to your Lama.co account, you must follow the instructions for uploading images, sharing, pricing and fulfilling print sales of your artworks. Please take the time to read and check your submissions thoroughly. You are responsible for ensuring that all the information to be shared is accurate (”the Content”). We will not be responsible, or liable to any third party, for the Content or accuracy of any content shared or otherwise distributed using your Lama.co account.
You must ensure that any images uploaded to our website are of a good quality. We will only reproduce goods which match the image uploaded and based on the constraints of type and paper. We are not responsible for poor print quality of an image where the uploaded image was of a poor quality. The maximum upload size is 100Mo. Failure to adhere to this clause may lead to us not being able to satisfy your order.
4.5. No abuse of your Lama.co account
You agree that you will not abuse the use of your Lama.co account and that you will use it fairly and in a way as expected and in accordance with our Terms. Any abuse (whether or not in non-compliance with our Terms) may result in immediate cancellation of your Lama.co account. We will not be responsible for any loss caused by us cancelling your Lama.co account pursuant to this clause.
4.6. Our refusal to print certain images
Users are not permitted to request that we print images containing or relating to racist material; material that is likely to incite hatred against any person or group; defamatory or otherwise actionable material; material that is libellous in nature; images of any criminal act; material, the use or inclusion of which infringes any copyright, trademark, or other intellectual property right of a third party or material which breaches any applicable laws or legislation.
4.7. Our rights in respect of your conduct & use of your Lama.co account
We reserve the right to contact law enforcement agents or authorities (and provide them with all necessary information) should we form the view that any of the Images are unlawful or pertinent to enquiries of a relevant nature; refuse to execute print orders which it deems to be in breach of any of these Terms; refuse further service pertaining to any person or persons who have knowingly or unknowingly breached any of these terms or any of the Terms set out in this clause.
4.8. Removing digital artworks or cancelling your Lama.co account
You may remove your files from our Site or your store and/or cancel your Lama.co account at any time but you agree that we may continue to fulfill any orders already placed by persons ordering your products and you will have to pay for any Services provided and/or for fulfilling those orders already placed.
4.9. Cancellation of your Lama.co account
You may cancel your Lama.co account at any time. To cancel, please log into your Lama.co account, go to “My Account” and follow the instructions. Or you may contact us by email or phone by using the contact details indicated above.
If your Lama.co account is cancelled, you will not have any further access to your Lama.co account. Your digital artworks will be deleted from your Lama.co account and we will no longer facilitate your art sales by producing art prints of your images. We shall not be liable for any loss to your business where the cancellation of your Lama.co account was a result of your breach of these Terms.
5. Copyright
5.1. Your responsibility in terms of Copyright when using our Sites
Under no circumstances the User is authorized to download or modify the Site, in whole or in part, and in particular its content (products listed, descriptions, images, videos, etc.) - unless otherwise clearly authorized by LAMA FACTORY. No part of the Sites may be reproduced, copied, sold or used for commercial purposes without the express written permission of LAMA FACTORY. Generally speaking, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site shall remain the full and entire property of LAMA FACTORY.
The User is therefore legally obliged to respect all intellectual property rights and may in no way use the trademarks appearing on the Site and where applicable on the Products, or register a trademark that is prejudicial to the rights holder, unless otherwise contractually stipulated. The same shall apply to any other intellectual property right.
6. Your Intellectual Property
LAMA FACTORY respects the intellectual property rights of others. We are committed to protect our Users rights in that matter, or to respond promptly to any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. LAMA FACTORY will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
6.1. Uploading your digital artworks on Lama.co
When you provide us with your digital artworks, content, messages or customer contacts (”Your Materials”) you own all intellectual property rights in your materials - except from the licence indicated in 6.2. When uploading images on your Lama.co account you guarantee to us that:
• you are the sole legal and beneficial owner of, and own all the Intellectual property rights (or have the requisite licence in place) in all images;
• you have not licensed or assigned any intellectual property rights in the images to any other party;
• the images are your original work and have not been copied wholly or partially from any other source;
• you have full authority to licence us to print (and reprint) the images;
• if you share your images, you have full authority to licence and allow the third party to download, print and/or buy your images in accordance with these Terms and the permissions that you give;
• the images do not incorporate any material that infringes the copyright or any other rights of any third party, including any right of confidentiality and its exploitation shall not place any person in contempt of court nor in breach of any provision of any statute;
• you are not aware, having made full and reasonable enquiry, of any claim by any third party that the images or any pre-existing material incorporated in the images, or the exploitation of the images by you, us or any third party, has infringed or will infringe any rights of any third party and you agree that you shall immediately inform us if you become aware of any such claim.
6.2. Our licence to use the images
When uploading images on your Lama.co account you agree to grant us a fully paid-up, worldwide, non-exclusive, royalty-free licence as long as your Lama.co account is live to copy the images for the only purpose of us providing the Services to:
• produce prints (and any reprints as required) of your images as ordered when you validate an order;
• produce prints (and any reprints as required) of your images as ordered by Customers through your store;
• provide you with features such as image thumbnails, image previews, product previews, comments, sorting, editing and sharing;
• fulfil the art print of such images ordered by you for Your Customers in accordance with these Terms;
• if you share your images, you have full authority to licence and allow the third party to download, print and/or buy your images in accordance with these Terms and the permissions that you give;
• for such use by us as may be required for the provision of services by our business.
When signing-up on Lama.co, the User grants us the right to diffuse images on social networks of the User order fulfillment process, thus diffusing images taken by LAMA FACTORY but showing the User uploaded images on his/her Lama.co account. LAMA FACTORY will always try its best to mentions/tags the User, but shall not be liable for not doing so. If the User does want LAMA FACTORY to diffuse these kind of images, the User should notify us by mail at hello@lamafactory.com
6.3. Disclosure of your identity to third parties
You understand and agree that we have the right to disclose your identity to any third party who is claiming that any images uploaded or shared by you on your Lama.co account constitutes a violation of their intellectual property rights where such a failure to comply with a disclosure would result in us (or our agents or subsidiaries) being in breach of the law.
6.4 Your requirement to notify us
You shall immediately notify us of any actual, threatened or suspected infringement of any Intellectual Property Rights of which you become aware; and any claim by any third party of which you become aware that the Images infringe any rights of any other person.
6.5. Removal of Images from your Lama.co account
You agree that we may immediately remove any such Images from your Lama.co account and cancel any Customer orders for such Images which have not already been dispatched. If any Customer orders for your Images have already been dispatched, you agree that we may request return of the goods (if possible) and/or may deal with the Customers as your agent.
6.6. Your liability
You will fully reimburse us and compensate us for all liabilities, costs, expenses, damages and losses suffered or incurred by us arising out of or in connection with any Intellectual Property Rights claims in relation to your Images.
6.7. Other Intellectual Property Rights
All Intellectual Property Rights in or arising out of or in connection with the Services (other than intellectual property rights in any Images provided by you) will be owned by us.
6.8. Your Customers
When you provide us with your customers names, address and contact etc. (”Your Customers Details”) you own all intellectual property rights in Your Customers Details. LAMA FACTORY will not share Your Customers Details to any third party without your consent except for the only purpose of us providing the Services (eg. courriers, web hosting services etc.). LAMA FACTORY will not run advertising campaigns on, or send newsletters to your Customers. LAMA FACTORY will not contact Your Customers directly except for the sole purpose of us providing the Services (eg. after sale support etc.).
6.9. How to notify us intellectual property infringement
To notify LAMA FACTORY of a possible Infringement you must submit your notice in writing to hello@lamafactory.com and include in your notice a detailed description of the alleged Infringement sufficient to enable LAMA FACTORY to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
6.10. How to respond to an intellectual property infringement notice
If we remove or disable access to your content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content.
If you feel that your Content is not infringing, you may provide LAMA FACTORY with a counter notice in writing to hello@lamafactory.com. You must include in your counter notice sufficient information to enable LAMA FACTORY to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
7. Prices
We provide a number of products including printing, mounting and framing. The prices appearing on the Site are prices in Euros (€) all taxes included (VAT included) taking into account the VAT applicable on the day of the order.
Any change in the VAT rate may be passed on to the price of the products. LAMA FACTORY reserves the right to modify its prices at any time. Products will be billed based on the rates in effect at the time the order is placed.
The prices indicated do not include the shipping costs which will be indicated in the User cart page, before the final validation of the order.
8. Orders
LAMA FACTORY reserves the right to cancel or refuse an order in the event of a dispute with the User over a previous order.
LAMA FACTORY is able to accept orders subject to stock availability. It shall inform the User of the availability of the Products sold on the Site at the time the order is confirmed.If, despite of LAMA FACTORY's vigilance, Products are unavailable after confirmation of the order, LAMA FACTORY will inform the User by e-mail as soon as possible.
LAMA FACTORY undertakes to propose either a Product of equivalent or superior quality or the simple refund of the product if it has actually been paid for. The rest of the order will be shipped according to the procedure defined below.In the event of a refund, this will be made by crediting the User's bank account within fifteen days (15) at the latest from the payment of the sums paid by the User.
LAMA FACTORY cannot be held liable for any permanent or temporary unavailability, nor can such give rise to any right to compensation or damages in favour of the User.
9. Payment
Accepted payment methods are the following: credit or debit card (Visa, Mastercard et American Express), Paypal, or vouchers.
The payment methods adopted by LAMA FACTORY are 100% secure.
For credit card payments (Visa, Mastercard and American Express), the company Stripe takes care of the security of payments.
For payments by PayPal, PayPal takes care of the security of payments.
All information that Users or Customers communicate to LAMA FACTORY is strictly encrypted and protected and guarantees the conformity and security of each transaction.
10. Voucher
Vouchers can be used to pay on the website Lama.co: the User just needs to fill in the voucher code in the 'Promotion code' field on the cart page. The User can use one or several codes as payment on the same order.
Should the amount of the order exceeds the amount of the voucher, the rest is to be paid with another payment solution offered on the website (either credit card or Paypal). Otherwise, the client gets a new code via email corresponding to the rest of the voucher amount to be used on a next purchase on the website. The expiry date of this new code is the same as the original one
10.1. Get a refund for an order paid with a voucher on Lama.co
A User who paid an order with a voucher can request a return according to the following process:
• If the whole order was paid with one or several vouchers, LAMA FACTORY issues a voucher of the amount of the returned items, if the return is accepted by our factory. This voucher has the same expiry date as the original credit note, unless the original voucher is already out of date at the date of the new voucher issuing. In this case, the new voucher is valid for a month after issuing. It can be used on the Lama.co website only.
• If the order was partly paid partly with one or several vouchers and partly with another payment solution:
• If the amount of the returned items is less than the amount paid with the other payment solution, then the User is to be refunded through that other payment solution.
• If the amount of the returned items exceeds the amount paid with the other payment solution, then the User is to be refunded in two parts: the total refund of the amount paid by the other payment solution and the issuing of a voucher corresponding to the difference between the amount of the returned items and the amount of the refund. This new voucher has the same expiry date as the original voucher, unless the original voucher is already out of date at the date of the new voucher issuing. In this case, the new voucher is valid for a month after issuing. It can be used on the Lama.co website only.
11. Delivery
Products are dispatched with the relevant delivery note, and sent to the delivery address provided by the User at the time of ordering.
The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times, they are to be calculated in working days. In order for these deadlines to be respected, the User must ensure that he has provided accurate and complete information concerning the delivery address (such as, in particular: street, building, stairway, access codes, names and/or intercom numbers, etc.).
LAMA FACTORY undertakes to inform the User of the progress of the processing of his/her order.
In case of damaged packages (already opened, missing products...), the User commits himself/herself to notify the carrier and LAMA FACTORY, by any means, of any reserves within 7 days following the reception of the product. LAMA FACTORY will proceed, as the case may be, to the exchange of the product(s). The request must be made within seven (7) working days following the delivery of the products. Any claim made after this period will not be accepted. The products must be returned to LAMA FACTORY in the state in which the User or his/her Customer received them. Shipping costs will be at the User's expense.
12. Returns, Right of Withdrawal
12.1. For all Custom Products
For all Custom Products, the right of withdrawal of seven (7) working days defined by Article L121-20 of the Consumer Code may not be exercised in the case of 'the supply of goods made to the consumer's specifications or clearly customized', in particular for custom-made, non-standard or customized items, in accordance with the provisions of Article L121-20-2 and amended by Order No. 2005-648 of 6 June 2005.
Thus, no withdrawal period will be granted for custom-made or personalized articles (specific dimensions), for all non-standard articles and for articles with specific additions or modifications (custom-made frame and framing etc.).
12.2. For all products that do not lead to User specifications
For products offered on our site and not giving rise to specifications specific to the User, you have a period of fifteen (15) days following receipt of your order to inform us of your wish to return part or all of your order. If this period normally expires on a Saturday, Sunday or holiday/public holiday, it is extended to the next business day.
In the case of a delivery at a relay point (Colissimo Point Retrait, Mondial Relay etc.), the delivery date of the order is that of the arrival of the Product at the relay point and not that of its reception by the customer.
To return a Product, the User must first make a return request on the 'My Orders' interface of the User Lama.co account. Once the return request has been validated by LAMA FACTORY, LAMA FACTORY will then send the User a prepaid mail slip by e-mail to cover the shipping costs, for all orders in metropolitan France.
The return is at the User's risk. The Product must be returned within fifteen (15) days in its original packaging, in its original condition, new and accompanied by the return form.
If the item is not returned by the User within fifteen (15) days after receipt of the prepaid mail slip, the return is considered cancelled and the User or his/her Customer must keep the Product.
The returned Product will be refunded within a maximum of fourteen (14) days of receipt by LAMA FACTORY by crediting the amount to be refunded to the User's bank account.
The costs of return are borne by LAMA FACTORY for orders placed in mainland France and in European Countries ; and by the User for orders placed from abroad, unless LAMA FACTORY has delivered a product that is damaged or different from the item ordered.
Should the User or his/her Customer fail to comply with these conditions, in particular the return conditions, LAMA FACTORY will not be able to refund the Products in question. For any return procedure please contact us at hello@lamafactory.com
13. Guaranties and liability
LAMA FACTORY has only an obligation of means with regard to all stages of access to the site, from the order process to the dispatch of the parcel or subsequent services. LAMA FACTORY cannot be held liable for any inconvenience or damage arising from the use of the Internet, in particular in the event of a disruption of service, external intrusion, or the presence of computer viruses or any other incident of force majeure, in accordance with legislation and case law.
14. Personal Data
LAMA FACTORY is committed to preserving the confidentiality of the information provided by the User, which LAMA FACTORY would be led to transmit for the use of certain services. Any personal data concerning the User is subject to the provisions of the law n° 78-17 of January 6, 1978. As such, the user has a right to access, modify and delete information concerning him/her. For more information, please contact us at hello@lamafactory.com
15. Marketing and newsletters
LAMA FACTORY may send its Users marketing information related to the brand and service by post, e-mail, text message and/or telephone, subject to prior consent. The User may at any time object to these marketing communications by clicking on the 'unsubscribe' link at the end of the marketing emails, by sending a request by e-mail to hello@lamafactory.com, by post, or by replying STOP by text message (within 3 days of receipt of a LAMA FACTORY text message campaign).
16. Cookies
The 'COOKIE' section aims to define the term 'COOKIE', its use by LAMA FACTORY and the means enabling visitors to the Site to manage these Cookies.
A 'COOKIE' is an alphanumeric file used by most Internet sites to improve user experience and facilitate browsing on the Site. This 'COOKIE' file is deposited on the user's device (computer, mobile, tablet) by in this case the LAMA FACTORY site server. The COOKIE sent by the LAMA FACTORY server is designed to remember the user either during their current visit: “session cookie” or during future visits “persistent cookie”, for the duration of its validity.
Each 'COOKIE' contains anonymous data and information such as a unique identifier, the name of the site and other characters and numbers. Each 'COOKIE' is unique to the user's browser and allows, among other things, automatic access to personalized pages without identifying yourself, or saving items in your basket.
For your information, COOKIES are not programs, so they cannot contain viruses or malware.
LAMA FACTORY issues several types of 'COOKIES' with different purposes:
1. 'COOKIES' relating to the functionality of the Site:
These are 'COOKIES' that allow a user to browse the Site and use its features. These 'COOKIES' allow the user to store their login information, save their basket or even use the wishlist feature.
2. Analysis “COOKIES”:
These are 'COOKIES' used to collect anonymous information to measure the Site's traffic and establish statistics on visits to and use of the various parts of the Site (number of visitors, number of sessions, time spent on the Site, pages viewed, abandoned baskets, etc.).
LAMA FACTORY is aiming here to analyse the overall user experience and to make every possible improvement to best meet user expectations.
We use Google Analytics ‘COOKIES’ to analyze Site performance and traffic based on the data collected.
3. 'COOKIES' relating to User preferences:
4. Advertising 'COOKIES' or targeting 'COOKIES':
These are 'COOKIES' that are used to display marketing ads based on information gathered about your browsing habits on the Site. They allow sites with advertising space to show ads that may be of interest to you. These advertising spaces contain 'COOKIES' which aim to measure the effectiveness of marketing campaigns, as well as to limit the number of ads that are shown to you each day. The transmission of 'COOKIES' by third parties is subject to the privacy policies of such third parties.
By browsing and using the LAMA FACTORY Site you accept that LAMA FACTORY places these various 'COOKIES' on your device and that LAMA FACTORY may access them when the user visits the Site.
The choice of users regarding ‘COOKIES’:
‘COOKIES’ are generally accepted automatically by most web or mobile browsers. Users can configure their browsing software in such a way that they are notified when a ‘COOKIE’ is being installed or they can completely block ‘COOKIES’ from being stored on their device.
If ‘COOKIES’ are already installed on your browser, you can go to the ‘help & support’ section of your browser to delete any ‘COOKIES’ you don't want.
Blocking some ‘COOKIES’ may affect browsing and the user experience on the Site.
Each browser has its own way of managing ‘COOKIES’:
• Internet explorer™ : https://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookies
• Chrome™ : https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=fr
• Safari™ : https://support.apple.com/kb/ph21411?locale=fr_FR
• Firefox™ : https://support.mozilla.org/fr/kb/activer-desactiver-cookies-preferences
• Opera™ : https://help.opera.com/fr/latest/web-preferences/#cookies
17. Amendments to the Terms of Use
LAMA FACTORY reserves the right to modify these Terms of Use at any time.
The applicable Terms of Use are those present on the Site and last modified on 28/08/2023.
18. Applicable Law - Competent Court
These Terms of Use are subject to French law with regard to both the substance and the form of the terms. Any dispute must be subject to a prior attempt at amicable resolution.
In the absence of an amicable resolution, the competent French courts shall have jurisdiction, notwithstanding a plurality of defendants or the introduction of third parties.
