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General Terms And Conditions Of Sale
1.1 SCOPE OF APPLICATION
The Products are sold through the La Libellule Online Boutique directly by La Libellule SASU, with a capital of €1000 euros, headquartered at 10 rue de la Paix 75002 PARIS, registered under number 878 731 876 on the Paris Companies Register, intra-community VAT number FR 62 878 731 876.
By ordering and buying Products from the La Libellule Online Boutique, the customer (hereafter “Customer”) fully accepts the present GTCs by ticking the relevant acceptance box. These GTCs can be saved and/or printed and are accessible from all the pages of the La Libellule Online Boutique. They can be amended at any time and the terms applicable are those accepted by the Customer when placing an order, which can be accessed from the order confirmation email.
1.2 THE CUSTOMER
Through the La Libellule Online Boutique, La Libellule offers Products for sale to non-trade Customers, in the capacity of consumers, aged over eighteen (18) and with full legal capacity. Products are sold on a retail basis strictly for personal use.
In general, La Libellule reserves the right to refuse any order of Products of an abnormal nature, in particular in the event of orders in quantity and/or for amounts which would be reasonably deemed abnormal by La Libellule.
1.3 LA LIBELLULE ONLINE BOUTIQUE CUSTOMER SERVICES
In case of questions concerning any order, Customers may contact La Libellule customer services, via the link “Contact”.
The La Libellule Online Boutique is accessible in French and English.
The Products offered for sale on the La Libellule Online Boutique are described and presented as accurately as possible (specifications, illustrations, size, composition, etc.). However, the Customer is recommended to refer to the description of each Product, by clicking on each “Product Description”, to find out more about the Product concerned, particularly in relation to the features the Customer is looking for, since the Customer is solely responsible for choosing and buying a Product.
The prices applied are those indicated on the La Libellule Online Boutique at the time of the order.
The Customer is informed that prices are subject to change. Therefore, if the Customer has created a customer account, the prices displayed in the “My orders” section accessible from the “Log In/My Account” section on the order summary page correspond to the prices paid by the Customer for previous orders. The Customer shall therefore pay attention to the price in effect at the time of the order and related costs in the purchase cart.
At the time of entering the order on the site, the customer must choose the delivery method and the place of delivery.
The amount of the delivery fee is calculated according to the destination as well as the chosen delivery method.
Prices are indicated in EUR (€) inclusive of VAT and refer to a Standard Delivery Costs (hereafter “Delivery Costs”).
These costs will be shown on the review cart page as well as the order summary page prior to confirmation and payment of the order.
2.1 ORDER PROCESS
The Customer is invited to select the Products and to place them in the purchase cart by clicking on the “Add to cart” button. At any time, the Customer is invited to view the summary of his order by clicking on the icon “See my cart” available on the top right of all La Libellule Online Boutique pages.
At this stage, the Customer can verify the details of his order, identify any mistakes made in the entry of the data, and correct or remove Product(s).
After validation of the cart by clicking on the icon “Purchase”, the Customer is asked to choose between three (3) options:
– Identifying himself with his user name and password to order
through his existing customer account,
– ordering without creating a customer account,
– ordering by creating a customer account.
La Libellule cannot be held liable for any inaccuracy of the information provided by the Customer. The customer account will give access to a personal space where customers can track orders and access invoices.
To finalise his order, the Customer:
– must confirm his delivery and invoicing address, or indicate a new delivery address and/or invoicing address,
– select the delivery method from those offered (delivery times and costs vary according to delivery method and are stated at this point),
– check the summary of their order, and
– must read these GTCs and explicitly accept them by ticking the box “I have read and accepted terms & conditions” before making payment for his order,
– is then invited to pay the amount of the order by clicking on the icon “Place order” giving access to secure payment of the order.
The sale is only deemed complete once La Libellule has sent an email confirming acceptance of the order at the e-mail address provided by the Customer. To this end, the Customer formally accepts the use of e-mail for the confirmation of the contents of his order.
La Libellule reserves the right to refuse to honour a Customer’s order if it appears to be abnormal, excessive or in breach of the provisions of the GTC. Equally, La Libellule shall not be liable if the administrative and/or technical processing of an order on the Site is disrupted by a virus, computer bug, unauthorised human intervention or any other cause beyond the La Libellule’s control, or if there is a strong suspicion of fraud, or any other form of fraud has been committed over the computer, in which case La Libellule reserves the right to interrupt or cancel the outstanding order. In such cases, the Customer shall be informed by email of such cancellation of his order and will be reimbursed for the price paid before the order cancellation.
2.2 AVAILABILITY OF PRODUCTS
Products are offered within the limit of the stock available. Statements about the availability of the Products are provided at the time of placing the order on the Product page. If despite La Libellule’s attention, the Products ordered are no longer available, La Libellule will inform the Customer by any means (telephone call or e-mail) as soon as possible. No debit corresponding to the unavailable Product or Products shall be made from the bank account of the Customer in the event of unavailability of one or several Products.
2.3 CANCELLATION OF ORDER
Once the order is finalized, the Customer cannot modify his order. With or without the creation of a customer account, the Customer always has the possibility of making use of his right of withdrawal, the methods of which are stipulated in Article 5 below.
Products shall be paid in EUR.
The Customer shall also bear all compulsory taxes and fees and potential bank charges which shall be borne at all times by the Customer.
For all countries, payment of the order shall be made by bank card (Carte Bleue, Visa, Mastercard and American Express, Diners/Discover are accepted).
La Libellule has established a secure payment system for any order made in the La Libellule Online Boutique. Payments are made on an external platform through a payment service provider – STRIPE – complying with the PCI DSS security standards.
Payment is deemed final after confirmation thereof is sent by the issuer. Should the bank reject the payment, the order will be automatically refused and La Libellule will be released from any obligation and liability vis-à-vis the Customer.
The Customer has the possibility of downloading his invoice from his personal space under the heading “My Orders”. In the event where the customer has not created a customer account, his invoice is available in the section “Follow my Order” accessible from the confirmation e-mail.
4. DELIVERY AND RECEIPT OF PRODUCTS
4.1 TERMS OF DELIVERY
The La Libellule delivers Products ordered on its website to mainland France and internationally.
For security reasons, La Libellule will not deliver to PO Box numbers, hotels or CEDEX addresses.
La Libellule delivers Products ordered at the delivery address indicated by the Customer (the “Delivery Address”) according to the delivery option selected by the Customer when placing his order. For detailed information regarding delivery options and costs, please refer to the dedicated FAQ section at the bottom of La Libellule Online Boutique home page.
Information on delivery conditions are also available on the “See my cart” as well as checkout page, prior to payment.
No delivery will be made by La Libellule if full payment of the order has not been completed.
The Customer will bear the consequences (late delivery, impossibility of delivery, Products returned to La Libellule, extra transport costs, etc.) resulting from any incorrect and/or incomplete delivery information the Customer provided and/or from the Customer’s absence at the time of delivery.
La Libellule shall do its best to dispatch the Products to the Customer as soon as possible after the Customer has placed his order, in accordance with the delivery option selected by the Customer when placing his order.
Notwithstanding the above, in any event, delivery shall not exceed thirty (30) working days from receipt of the order confirmation, subject to their availability as indicated to the Customer at the time of the order. In the event of absence or delay in delivery, the Customer shall as soon as possible contact the Customer Service via the section “Contact us” section at the bottom of La Libellule Online Boutique home page. In case of a late delivery, the Customer may either request La
Libellule a new estimated delivery date or cancel the order and receive a full refund.
4.2 RECEIVING PRODUCTS
The risks attached to the Products are transferred to the Customer upon delivery, that is, when the Customer (or any third party named by the latter) physically takes possession of the Products concerned.
Upon delivery, the Customer must verify the conformity and the state of his order in the presence of the carrier and issue if need be, all the necessary reservations concerning the apparent defects (missing product, damaged parcel). Moreover it is up to the Customer (or any third party named by the latter) to check the number and condition of the Products when they are delivered by the carrier.
If the received parcel is open or obviously damaged, or if any of the Products in the parcel are damaged or missing or do not match the order, the Customer (or any third party named by the latter) should refuse the parcel or the Products concerned and make the customary written reservations, on the carrier’s delivery note in as much detail as possible (parcel open, parcel or item(s) damaged or missing or not matching the order, etc.).
In any event, the Customer also undertakes to notify La Libellule forthwith via the section “Contact us”, in order to allow La Libellule to conduct an investigation with the carrier and/or seek recourse from the carrier within the period specified by the applicable regulations, where appropriate.
If a Product is missing or is refused or returned by the Customer in the above circumstances, La Libellule will either refund the Product(s) concerned within 14 days or reship the damaged or missing Product(s).
The above provisions do not preclude the Customer’s right to withdrawal, as stated in Article 5 below, or the Customer’s benefit of the statutory warranties given, as stated in Article 8 below.
4.3 PRODUCT RETURN
The Customer has the right of withdrawal allowing Products to be returned to La Libellule, with no reason given, under the conditions set out in Article 5 below.
For any other reason for return other than the right of withdrawal (non-compliant or damaged product, mistake in the content of the order, etc.), the Customer is invited to contact customer services of the La Libellule Online Boutique who will provide the necessary information to meet this request as soon as possible and to make another delivery if needed.
5. RIGHT OF WITHDRAWAL & RETURN POLICY
5.1 RIGHT OF WITHDRAWAL
The Customer has the possibility, without justification, to withdraw his order within a period of fourteen (14) calendar days from the day of receipt of the Products ordered, with the date indicated on the receipt of the carrier signed by the Customer providing proof. When this period of fourteen (14) days expires on a Saturday, Sunday or a public holiday, it is extended to the next working day.
However, for health and hygiene reasons, La Libellule cannot accept the return of Products. Swimwear Products cannot be returned if they have been worn by the Customer.
To exercise his right of withdrawal, the Customer can notify his withdrawal decision and return the Products as follows:
• Either by directly returning the Product (following the process described hereafter) by filling on www.lalibellule.com, the withdrawal form available via the link “Contact us”
To return Product(s), the Customer shall return, within a period of 14 days from the date of notification of his/her decision to withdraw the Product(s), for mainland France, using a prepaid shipping label provided by La Libellule to return the Product(s) free of charge (hereinafter the “Prepaid Label”).
The Customer shall follow the instructions described on the Prepaid Label
to be attached to the parcel.
No return costs shall be reimbursed by La Libellule to the Customer if the latter has elected not to use the Prepaid Label provided.
The return of a product, is free if the place of delivery is in mainland France. Outside of mainland France, where reimbursement is requested against a returned product, such return costs will be at the Customer’s expense and risks.
Products must be returned new with all labelling in their original packaging. La Libellule reserves the right to refuse reimbursement or replacement of the Product if any alteration of the product, resulting from handling other than that necessary to establish the nature or characteristics of the Product, have been noted.
The Customer shall take care of the Product(s) in their custody. The Customer is informed that La Libellule reserves the right to decline any returns if the Customer has failed in these obligations, specifically if the Products returned are damaged, or show signs of use (removal of the hygiene band, soiled etc).
La Libellule shall not reimburse any Product(s) returned by the Customer if they do not correspond to the Product(s) ordered or have an origin other than La Libellule Online Boutique.
5.2 RETURN POLICY
As part of the exercise of the right of withdrawal, Products must be returned in their original packaging, original condition, new, unworn, unwashed, with the hygiene band and accompanied by their purchase invoice or a copy in the event of partial return.
The return of a product against a request for reimbursement, is free if the place of delivery is in mainland France. Requests for reimbursements for deliveries outside mainland France are at the Customer’s expense and risks. To do so, the Customer must send an email via the link “Contact us” stating the reasons for return. The Customer will receive by email, within a maximum of one week, a Return Form to return the order together with a transport voucher, to be printed by the customer. The voucher is at the expense of La Libellule for deliveries in mainland France.
In the absence of the order Return Form inside the parcel, La Libellule will not be able to refund the returned products.
Products returned incomplete, damaged, damaged, worn or soiled will not be refunded.
Products must be returned new with all labelling in their original packaging. In the event of alteration of the Product resulting from handling other than that necessary to establish the nature and/or conformity of the Product, the characteristics or the proper functioning of the Product, La Libellule reserves the right to refuse the reimbursement or replacement of the Product.
La Libellule shall not make any reimbursement if the Products returned by the Customer do not correspond to the Product(s) ordered or has an origin other than the La Libellule Online Boutique.
5.3 REIMBURSEMENT OF THE ORDER
La Libellule shall reimburse the Products returned in accordance with the conditions stipulated in points 5.1 and 5.2 by a credit to the bank card or the online mean of payment which has been used to make the payment.
Reimbursement shall be made by La Libellule within a maximum period of fourteen (14) days following (i) the date of receipt of the returned Product(s) by La Libellule or (ii) the date on which the Customer has provided proof of sending the Products (whichever date being the first).
6. AFTER-SALES SERVICE
No claim will be taken into account and no replacement of Products ordered on La Libellule Online Boutique can be made from a point of sale in which the Products bearing the La Libellule brand are sold.
7. LIMITATION OF LIABILITY
La Libellule cannot be held liable for the breach of any of its obligations if the poor performance of the contract is the result of an event of force majeure, or by the Customer’s act or omission or of an unforeseeable and insurmountable act of a third party or an obstacle outside of La Libellule’s control that La Libellule could not reasonably foresee at the time when the contract was entered into with the Customer and the consequences of which La Libellule cannot reasonably avoid or overcome.
8. STATUTORY WARRANTIES
The products sold by La Libellule are subject to the conditions of legal guarantees provided for in articles L. 211-4 to L. 211-13 of the Consumer Code as well as articles 1641 to 1648 of the Civil Code A1[A1] , excluding any other warranties.
8.1 LEGAL COMPLIANCE GUARANTEE
La Libellule will deliver to the Customer a product that complies with the contract and is free from defects in conformity when the product is delivered, in the sense that the product will be suitable for the usual use of a similar goods and that it shall bear the characteristics presented during the sale. La Libellule also responds to conformity defects resulting from the packaging.
La Libellule may proceed to replace the non-conforming product. If the replacement is not possible within one (1) month of the claim or, if the Customer’s request is in a duly reasoned manner, the Client may request reimbursement of the price of the product.
This warranty will only be effective if the request is within two years of the issuance of the property. Defects in conformity that appear within twenty-four (24) months from the date of delivery are presumed to exist at the time of delivery, unless proven otherwise.
8.2 LEGAL WARRANTY OF LATENT DEFECTS
La Libellule will give the Customer a product free of hidden defects that would make it unfit for its intended use, or that reduces so much that use that the Customer would not have acquired it, or would have given only a lesser price, had the Customer known them. This warranty will only be effective on the condition that the Customer makes the request within two (2) years from observing the defect.
In case of hidden defect, the Customer will have the choice to return the product and claim a refund against the price and costs incurred by the sale or keep the product and have a price reduction in part. In any case, the Customer will be responsible for proving that he/she is fulfilling the terms of the guarantee.
In case of lack of conformity and hidden defects the Customer will have to return the products and send an email via the link “Contact us” .
8.3 EXCLUSION OF WARRANTY
If the Products returned by the Customer do not correspond to the Products ordered or originate from other than the La Libellule Online Boutique, La Libellule will not be bound by its obligations described in Articles 8.1 above.
It should be noted that statutory warranties do not cover damage or defects resulting from an external cause (accident, knock, etc.) or from the Customer’s misuse, or incorrect use of the Products with regards to Products characteristics.
Equally, this clause does not apply if the Products were not purchased from La Libellule website, as statutory warranties are binding on the seller from whom the Products were purchased.
8.4 FORCE MAJEURE
In the event of a force majeure preventing the execution of these general conditions of sale, La Libellule informs the customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgement of receipt. Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of the French courts and tribunals, total or partial strikes, lockout, riot, boycotts or other actions of a character industrial or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, blocking of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in marketing forms, computer failure, telecommunications blockage, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All the obligations of the parties are suspended for the duration of the event of force majeure, without compensation. If the event of force majeure lasts for more than three (3) months, the transaction concerned may be terminated at the request of La Libellule or the Customer without compensation on either side. Failure to pay by the Customer cannot be justified by a case of force majeure.
9. VARIOUS PROVISIONS
If one or more provisions of these general conditions of sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
No tolerance, inaction or inertia of La Libellule may be construed as a waiver of its rights under the terms of the General Terms and Conditions of sale.
10 PERSONAL DATA
11 GOVERNING LAW/DISPUTES
These GTCs and any order made through the La Libellule Online Boutique are governed by French law barring legal provisions to the contrary imposing the applicability of a foreign law. However, application of the laws of France cannot result in depriving the Customer of the level of protection provided by provisions of mandatory laws of the country of his habitual residence.
In the event of dispute concerning La Libellule Online Boutique, these GTCs and/or an order, La Libellule invites the Customer to contact the La Libellule Online Boutique Customer Services at the number indicated in the “Contact us” section at the bottom of La Libellule Online Boutique home page in order to refer its claim of dispute and try to find an amicable solution with La Libellule.
Failing an amicable agreement with the La Libellule Online Boutique Customer Services, the Customer can refer the dispute to the consumer mediator CMAP (Centre de médiation et d’arbitrage de Paris) accessible at the URL address : http://www.cmap.fr/ or at the postal address : CMAP (Service Médiation de la Consommation) – 39 avenue Franklin D.Roosevelt – 75008 Paris ] or refer to the European Commission’s online dispute resolution platform available at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage , pursuant to Directive 2013/11 of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes. Regardless of the method used to refer to the mediator, the Customer’s request must contain the following information: his postal address, email address and telephone number, a brief summary of the facts and evidence of previous measures taken with La Libellule Customer Services.
Disputes for which the request is manifestly unfounded or abusive, or have been previously examined or are under examination by another mediator or by a court, or if the Client has submitted his request to the mediator within a period exceeding one year from his written complaint to La Libellule or if the dispute does not fall within the mediator’s field of competence, or finally if the consumer does not justify having tried, beforehand, to resolve its dispute directly with La Libellule by a written complaint.
Notwithstanding the above, if an amicable solution is not reached (including through the mediation process described above) or if Customer wishes to directly bring the claim or dispute before the courts without going through an amicable solution process, the French Courts shall be territorially competent to hear any dispute, without prejudice for the right for Client to refer the dispute to another competent foreign Court of his choice.