T&Cs Llooni
Between the company S&Co SARL,
6 Rue d'Armaillé 75017 Paris, registered with the Chamber of Trades and Crafts of Paris under SIRET number 49875831700032, represented by Miss Stéphanie Lludice, as manager, duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the site's home page.
Hereinafter “the Seller” or “the Company”
Firstly,
And the natural or legal person purchasing products or services from the company,
Hereinafter, “the Buyer”, or “the Customer”
On the other hand, the following was stated and agreed:
PREAMBLE
The Seller publishes products exclusively for consumers, marketed via its website (http://www.llooni.fr).
The list and description of the goods and services offered by the Company can be consulted on the aforementioned site.
ARTICLE 1: OBJECT
These General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products offered by the Seller.
ARTICLE 2: GENERAL PROVISIONS
These General Conditions of Sale (CGV) apply to all sales of Products, made through the Company's websites which are an integral part of the Contract between the Buyer and the Seller.
The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The T&Cs applicable then are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These General Terms and Conditions can be consulted on the Company's website at the following address: http://www.llooni.fr/conditions-generales-de-vente.
The company also ensures that their acceptance is clear and unreserved by implementing a validation click. The Customer declares to have read all of these General Conditions of Sale and to accept them without restriction or reservation.
The Customer acknowledges that he has received the necessary advice and information to ensure the suitability of the offer to his needs.
The Client declares that he is able to legally contract under French laws or validly represent the natural or legal person for whom he is contracting.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 3: PRICE
The prices of products sold through the websites are indicated in Euros, all taxes included, precisely determined on the Product description pages. They are also indicated in Euros all taxes included (VAT + other possible taxes) on the product order page and excluding specific shipping costs.
For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums do not fall within the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities.
The Company reserves the right to modify its prices at any time for the future. Telecommunications costs necessary for access to the Company's websites are the responsibility of the Customer. If applicable also, delivery costs.
ARTICLE 4: CONCLUSION OF THE ONLINE CONTRACT
In accordance with the provisions of article 1127-1 of the Civil Code, the Customer must follow a series of steps specific to each Product offered by the Seller to be able to complete their order:
➢ Information on the essential characteristics of the Product ➢ Choice of the Product, where applicable its options and indication of the Customer's essential data (identification, address, etc.) ➢ Verification of the elements of the order and, where applicable, correction of errors ➢Indication of the Customer's essential contact details (Identification, email, address, etc.) ➢Acceptance of these General Conditions of Sale. ➢ Follow-up of payment instructions, and payment of products ➢ Delivery of products.
The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it.
Before confirming his order, the Buyer has the possibility of checking the details of his order. Confirmation of the order will constitute the formation of this contract. The language proposed for the conclusion of the contract is French.
Delivery of the Products will be made to the address indicated by the Customer. For the purposes of successful completion of the order, and in accordance with article 1316-1 of the Civil Code, the Customer undertakes to provide true identification information.
The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
The archiving of communications, the order, order details, as well as invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the Civil Code. This information may be produced as proof of the contract.
ARTICLE 5: PRODUCTS AND SERVICES
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the Company's websites, as are, where applicable, the method of use of the product. In accordance with article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or any other appropriate process, of the prices and special conditions of sale and execution of the services before any conclusion of the sales contract. In all cases, the total amount owed by the Buyer is indicated on the order confirmation page.
The selling price of the product is that in force indicated on the day of the order, this does not include shipping costs invoiced additionally. These possible costs are indicated to the Buyer during the sales process, and in any case at the time of confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
The customer certifies having received details of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the Seller, his postal, telephone and electronic contact details, and to its activities in the context of this sale.
The Seller undertakes to honor the Customer's order within the limits of available Product stocks only. Failing this, the Seller informs the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller reimburses the customer.
This contractual information is presented in detail and in French. In accordance with French law, they are subject to a summary and confirmation when the order is validated.
The parties agree that the illustrations or photos of the products offered for sale have no contractual value.
The validity period of the offer of Products as well as their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when they relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address provided).
ARTICLE 6: COMPLIANCE
In accordance with article L.411-1 of the Consumer Code, the products and services offered for sale through these General Terms and Conditions meet the requirements in force relating to the safety and health of people, the loyalty of commercial transactions and consumer protection. Regardless of any commercial guarantee, the Seller remains bound by
lack of conformity and hidden defects of the product.
In accordance with legal provisions regarding conformity and hidden defects, the Seller refunds or exchanges defective products or products that do not correspond to the order. Reimbursement can be requested by email to stephanie@llooni.fr specifying the order number. Shipping costs are the responsibility of the Seller in the context of the exchange of defective products or products that do not correspond to the order.
ARTICLE 7: RESERVATION OF OWNERSHIP CLAUSE
The products remain the property of the Company until full payment of the price.
ARTICLE 8: DELIVERY TERMS
The products are delivered to the delivery address which was indicated when ordering and the time indicated. This deadline does not take into account the order preparation time, and is given for information purposes only.
S&Co SARL cannot be held responsible for delivery delays linked to chosen service providers (example: strike) or weather conditions (bad weather, snow).
When the Customer orders several products at the same time, they may have different delivery times. The order is only sent in a single package, the delivery time of the longest product thus determines the overall delivery time of the order
In the event of late delivery, the Customer has the option of resolving the contract under the conditions and terms defined in Article L 138-2 of the Consumer Code. The Seller then reimburses the product and the “outbound” costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone contact point (cost of local communication from a landline) indicated in the order confirmation email in order to monitor the order.
The Seller points out that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is up to the Customer to notify the carrier of any reservations about the delivered product.
ARTICLE 9: AVAILABILITY AND PRESENTATION
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers.
If an item is unavailable for a period of more than 14 working days, you will be immediately informed of expected delivery times and the order for this item may be canceled upon simple request. The Customer can then request a credit for the amount of the item or its reimbursement.
ARTICLE 10: PAYMENT
Payment is due immediately upon ordering, including for pre-ordered products. The Customer can make payment by payment card or bank transfer. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa).
Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network, by direct communication between the Customer and the payment provider by means of a secure data transfer following the HTTPS protocol . Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Customer authorizes the Seller to debit their card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or inability to debit the card, the Sale is
immediately resolved as of right and the order canceled.
ARTICLE 11: WITHDRAWAL AND WITHDRAWAL PERIOD
In accordance with article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception , where applicable, return costs.
“The period mentioned in the preceding paragraph runs from receipt for the goods or acceptance of the offer for the provision of services”.
The right of withdrawal can be exercised by contacting the Company by email at the following address stephanie@llooni.fr specifying the order number.
In the case of personalization of a product, the Customer is informed by a mention on the website of the non-contractual nature of the digital preview of the product that he wishes to see manufactured. Indeed, the digital preview is a line drawing (the rendering of colors and patterns may in particular depend on the user's screen) and can in no way be taken as a guarantee of the accuracy of the form. of the product, its colors and patterns or even the positioning and typography of the embroidery, if applicable.
It is appropriate for the Customer to consult products similar to the catalog on the website http://www.llooni.fr in order to best adapt their expectations as to the result of the product they wish to see manufactured.
If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer. Returns of products must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition; If possible, they must be accompanied by a copy of proof of purchase.
The withdrawal procedure is carried out by email to the address stephanie@llooni.fr or on plain paper by registered letter to the following address: S&Co SARL 6 Rue d'Armaillé 75017 Paris. The Seller undertakes to recontact and support the customer in his withdrawal request within 5 working days following the date of receipt of the withdrawal request. The date the email is sent or the postmark (in the case of postal mail) is taken into account in the withdrawal period.
Reimbursement of all or part of the order can be made either to the original payment method of the order, or by bank check sent to the customer's billing address indicated when ordering.
Embroidered and personalized items : Given the unique and personalized nature of personalized/embroidered items, they cannot be returned or exchanged in accordance with article L121-21-8 of the Consumer Code:
“The right of withdrawal cannot be exercised, for contracts: (…) 3° The supply of goods made to the consumer’s specifications or clearly personalized…”.
As a result, you have no right to invoke any right of withdrawal. Also, we recommend that you devote the necessary time and attention to creating your article.
ARTICLE 12: GUARANTEES
In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects in the products. The Seller reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order placed. The reimbursement request according to the procedure presented in article 11 hereof.
The Seller reminds that the consumer:
- has a period of 2 years from delivery of the goods to act with the Seller
- that he can choose between replacement and repair of the property
- that he is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods.
- that he can also claim the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose between canceling the sale or reducing the sale price (provisions of articles 1644 of the Civil Code).
ARTICLE 13: COMPLAINTS
If applicable, the Buyer may submit any complaint by contacting the Company by email at the following address: stephanie@llooni.fr
ARTICLE 14: INTELLECTUAL PROPERTY RIGHTS
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these General Terms and Conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
ARTICLE 15: FORCE MAJEURE
The execution of the seller's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent execution. The Seller will notify the Customer of the occurrence of such an event as soon as possible.
ARTICLE 16: VOIDITY AND MODIFICATION OF THE CONTRACT
If one of the stipulations of this contract were canceled, this nullity would not result in the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after written and signed agreement of the parties.
ARTICLE 17: PROTECTION OF PERSONAL DATA
In accordance with Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of this data, the Seller implements a processing of personal data which has the purpose the sale and delivery of products and services defined in this contract.
The Buyer is informed of the following elements:
- the identity and contact details of the data controller and, where applicable, the representative of the data controller: the Seller, as indicated at the top of these General Terms and Conditions;
- the contact details of the data protection officer: the Seller, as indicated at the top of these General Terms and Conditions;
- the legal basis of the processing: contractual execution
- the recipients or categories of recipients of the personal data, if they exist: the data controller, its services in charge of marketing, the services in charge of IT security, the department in charge of sales, delivery and order, the subcontractors involved in delivery and sales operations as well as
any authority legally authorized to access the personal data in question
- no transfer outside the EU is planned
- the duration of data retention: the limitation period
commercial
- the data subject has the right to request from the person responsible for the
processing access to personal data, rectification or erasure thereof, or restriction of processing relating to the data subject, or the right to object to processing and the right to data portability
- The data subject has the right to lodge a complaint with a supervisory authority
- the information requested when ordering is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, without which the order cannot be placed
- No automated decisions or profiling are implemented through the order process.
ARTICLE 18: APPLICABLE LAW
All clauses appearing in these general conditions of sale, as well as all purchase and sale operations referred to therein, will be subject to French law.
The nullity of a contractual clause does not entail the nullity of these general conditions of sale.