[LEGAL NOTICES]
GENERAL TERMS AND CONDITIONS SALE
We are pleased to welcome you to our website www.li-vy.com (hereinafter referred to as the "Site").
These General Terms and Conditions of Sale exclusively govern the sales of products offered on the Site. They are accessible at any time on the Site; the Customer must declare that they have read and understood them when registering the order.
Consequently, placing an order implies the Customer's full and unreserved acceptance of these General Conditions of Sale, to the exclusion of all other conditions, in particular those in force in LIVY stores which could, for example, be present in prospectuses or catalogues issued by LIVY.
Any contrary condition imposed by the Customer will therefore, in the absence of express and prior acceptance, be unenforceable against LIVY regardless of when it may have been brought to its attention. The fact that LIVY does not avail itself at a given time of any of these General Conditions of Sale, cannot be interpreted as a waiver of the right to avail itself of any of the said conditions at a later date.
LIVY strives to ensure, to the best of its ability, the accuracy and updating of the information published on the Site, and reserves the right to correct the content at any time and without notice.
If a condition should be missing, it will be considered to be governed by the French customs and laws in force regarding distance selling. The possible nullity of one of the clauses of the General Conditions of Sale does not entail the nullity of the General Conditions of Sale as a whole, only the clause being deemed unwritten loses its effect.
- Site Editor
byLI/VY, SAS - RCS SIREN 822 683 595
whose headquarters are located at 50 rue d'Aguesseau, 92100 Boulogne Billancourt.
The company byLI/VY operates the LIVY brand and is identified in these General Conditions of Sale under the name LIVY.
- Publication Director:
Lisa Chavy
- Site Host:
Demandware
5 Wall Street, Burlington, MA 01803 USA
+1 (888) 553 9216
- Customer Service:
For any information, questions or advice, our Customer Service is at your disposal:
Mail: LIVY Customer Service
50 rue d'Aguesseau
92100 Boulogne-Billancourt
Email: customer.service@li-vy.com
Article 1. Purpose
These conditions govern the sale of LIVY "lingerie" and "ready-to-wear" items and LIVYSTONE "swimwear" items presented on the Site by the company byLI/VY, a French simplified joint-stock company registered with the RCS under SIREN number 822 683 595, whose head office is located at 50 rue d'Aguessau, 92100 Boulogne Billancourt (hereinafter referred to as "LIVY") to all non-commercial, adult natural persons exclusively (hereinafter referred to as the "Customer").
Article 2. Products
2.1 Product characteristics
The products offered for sale online are those presented on the Site. They are described and reproduced by LIVY on the Site with the greatest possible accuracy. The information provided on the product sheet includes, in particular, the essential characteristics of the products (color, description, composition, care, dimensions), their price including all taxes.
However, LIVY draws the Customer's attention to the fact that the photographs cannot ensure perfect similarity with the product offered for sale, particularly with regard to colors, but also with regard to the rendering of the product on the Customer.
Differences may result from the color quality of the photographs, the difficulty of displaying the rendering of materials on the screen or, without being exhaustive, technical adaptation. These differences cannot be interpreted as defects of conformity and result in the cancellation of the sale.
In the event of a manifest error or non-significant omission between the characteristics of the product and its representation and/or description, LIVY cannot be held liable.
The product offers and prices (except for the application of the provisions of article 3 of these General Conditions of Sale) appearing on the Site are valid as long as they appear on the Site, within the limits of available stocks.
2.2 Availability of Products
Products are offered for sale within the limits of available stocks, subject to possible stock variations. Only products listed on the Site on the day the Customer consults it are offered for sale.
Thus, when placing an order, the availability of the selected Product is confirmed by the Site.
In the event of a product being unavailable due to a stock variation, LIVY will inform the Customer as soon as possible by email. The preparation and delivery costs will be refunded to the Customer if the latter confirms the cancellation of the entire order.
2.3 Purchase limit
The Site does not allow the purchase of Products for resale. As such, the Customer's attention is particularly drawn to the fact that their Orders must not exceed fifteen (15) items per Order, nor be abnormal or exceed an amount exceeding 2,000 Euros. Customers wishing to make a purchase whose total amount exceeds the said amount, and for purposes other than resale, are requested to contact LIVY Customer Service at customer.service@li-vy.com, in order to have access to the purchasing options and conditions available on this Site.
Article 3. Prices
Prices are indicated in euros (€) including all taxes, including VAT and excluding preparation and delivery costs which vary depending on the country concerned and the delivery methods selected. The prices indicated take into account the VAT applicable on the day of the order. If the VAT rate were to be modified, it will be automatically reflected in the price of the items. The fixed amount of participation in the preparation and delivery costs is communicated to the Customer on the order summary form, before validation of the latter.
Any order constitutes acceptance of the prices and descriptions of the products available for sale. The Customer acknowledges and accepts that the prices of the Products may vary between the Site and the stores, and that under no circumstances may this price difference constitute grounds for a request for a full or partial refund (apart from the right of withdrawal applicable under the conditions set out below).
At any time, LIVY reserves the right to modify the prices and descriptions of the products, particularly in the event of an increase in taxes applicable to sales, particularly the VAT rate, and/or in the event of a typographical or obvious input error.
However, the products will be invoiced on the basis of the prices in effect at the time the order is recorded, except in the event of manifest error.
Indeed, despite LIVY's vigilance, it is possible that pricing errors may occur on the Site, whatever the reason (computer bug, manual error, technical error, etc.). If orders have been placed at incorrect or obviously derisory prices (low prices), or if unjustified discounts are wrongly applied, the orders will be cancelled, even if they had been validated. LIVY will then inform each of its Customers concerned as soon as possible, so that they are able, if they wish, to re-order at the corrected and exact price.
Article 4. Order
4.1 Confidential personal data and customer number
LIVY informs its Customers that by placing an Order on the Site, the data recorded concerning them will be used by internal departments, those of our sister companies, and/or those of the companies in the group to which LIVY belongs:
- for the processing of Orders,
- to inform them of news, commercial offers, and upcoming events by sending newsletters, provided that they have given their prior consent to this.
LIVY may send its Customers information about products and services that may be of interest to them. If you created an account when you purchased online or otherwise consented to receive our marketing offers, you can unsubscribe at a later date. If you no longer wish to be contacted for marketing purposes, you can do so via an unsubscribe link at the bottom of each email or contact us at customer.service@li-vy.com. If you have a Customer account on our site, you can go to "My Personal Information > My Subscriptions" and unsubscribe.
In accordance with Regulation (EU) 2016/679 of 27 April 2016 on the protection of personal data, the Client has the right to access, rectify and delete personal information concerning him/her at any time, as well as the possibility of objecting to the processing of this data.
To do this, the Customer simply needs to make a request, specifying their contact details and sending a copy of their identity card, by email to the address customer.service@li-vy.com
The Site is also designed to be particularly attentive to the needs of its Customers. This is why LIVY uses cookies. The purpose of cookies is to signal the Customer's visit to the Site. They are therefore only used by the Site to improve the personalized service provided to the Customer.
To find out more about the processing of personal data and cookies, the Client is invited to refer to the Personal Data section.
After each visit to the Site, the Client must not forget to log out of his profile in order to ensure the preservation of the confidentiality of his data.
4.2 Order registration
Any Customer who wishes to place an Order selects the Product(s) of their choice by clicking on "Add to cart" or any equivalent section. At the end of this step, and after clicking on "Complete my purchases" or any equivalent section, a summary page corresponding to the Order form appears on the screen, allowing the Customer to make any changes and then validate by clicking on "Proceed to payment" or any equivalent section.
To access the order validation, the Customer must read the General Conditions of Sale and expressly accept them by checking the box provided for this purpose.
Any Order placed on the Site, in person or via a tablet in store and duly validated by the Customer, cannot be cancelled. The Customer must wait for receipt and then exercise their right of withdrawal.
4.3 Validation of the order
The purchasing Customer guarantees to LIVY that he/she has the necessary authorizations to use the payment method he/she has chosen for his/her order, when registering the order. By validating his/her shopping cart, the summary Order form and accepting the General Terms and Conditions of Sale, the Customer gives his/her consent to proceed to the stage of validating the order by payment. The price owed by the Customer is the amount indicated on the summary order form which the Customer read before validating his/her order. This validation constitutes express acceptance of all operations carried out on the Site.
Any order placed on the Site must be paid for exclusively online via:
- One of the following bank cards: CB, Visa, Mastercard, American Express and all cards derived from these in other countries concerned. The order is only taken into account after entering the bank card number, its expiration date and the cryptogram number (number on the back of the bank card) for payment. This payment is subject to final validation by the GIE carte bancaire. In all cases, the online provision of the bank card number and the final validation of the order will constitute proof of the entire order in accordance with the provisions of the law of March 13, 2000 and will constitute payment of the amounts incurred by entering the items listed on the order form. However, in the event of fraudulent use of the bank card, the Customer is invited, as soon as this use is discovered, to immediately contact LIVY Customer Service at customer.service@li-vy.com
- With their PayPal account: by choosing this payment method, the Customer will then be redirected to their PayPal account (one can be created) and can pay for their purchases quickly and securely.
- With a LIVY e-gift card
- In 3 installments without fees via the partner: KLARNA . From 35€, the Customer can pay for his order in 3X without any additional fees. The first debit will take place when the order is shipped, the following two according to the schedule he will have received (debit the following two months). If he wishes a refund, he must proceed as for a classic refund (either by going to one of the LIVY stores, or by returning the items by post); the amounts of the installments already paid will be refunded to the bank card used for the purchase and the installments not yet paid will be canceled.
4.4 Payment security
LIVY uses the secure ADYEN payment service, which incorporates the SSL security standard. Confidential data (card number, expiration date) are transmitted encoded directly to the ADYEN server and are never transmitted to our server.
The ADYEN server itself is directly connected to the servers of the banks in each country concerned.
LIVY, subject to receiving the express consent of the Customer, may save/memorize the information relating to his/her bank card so that the latter does not have to re-enter it for each Order. The cryptogram written on the back of the bank card will not be retained. This data will be retained until the express withdrawal of the Customer's consent or until the expiry of his/her bank card.
4.5 Acknowledgment of receipt of the order
Final validation of the Order occurs after validation of the payment. An email confirming the Order and payment will be sent to the Customer, confirming their registration with a summary of all the information already provided, the General Conditions of Sale and access to the withdrawal form.
The sale will only be considered final after acceptance of the payment method used and receipt of the full price by LIVY.
4.6 Order tracking
The details and tracking of the delivery of each order can be viewed at any time on the Site, in “My Account” after the Customer has identified himself with his email and password.
Article 5. Delivery
Except in cases of force majeure or unforeseeable and insurmountable events, delivery times will be those indicated below and run from the date of order confirmation. They are communicated to the Customer before any order validation and payment. It is therefore the Customer's responsibility to choose the country of delivery and its delivery method when this is offered to them.
LIVY takes every precaution to ensure its packages arrive in perfect condition. However, the Customer is required to check the condition of the packaging and the conformity of the delivered product, and to express any reservations on the carrier's delivery slip, if necessary.
5.1 Delivery methods:
Packages are delivered by choice:
- By post to the Customer's home or any other address of their choice (to be specified on the delivery form). To confirm delivery of their package, the Customer must provide the postman with their personal code, which will have been sent to them, or sign the delivery slip. If the Customer is absent: a notice will be left in their mailbox. The package will be kept at the post office closest to the delivery address for 15 days.
- In a LIVY store in mainland France (excluding department store corners and outlets).
- By Chronopost Express, to the Customer's home or to any address of their choice
- By Chronopost Pick Up
LIVY processes packages Monday through Friday. Orders are generally processed within 2 to 3 business days. Additional delivery times are those charged by our shipping partners. Generally, they do not exceed 5 days for mainland France and 7 days for Europe.
Please note that during certain periods (sales, private sales, etc.) processing times may be longer due to the large number of packages to be processed.
Generally speaking, LIVY takes every measure to ensure that its parcels are delivered within the indicated timeframes, but in addition to its own delays for which it may be responsible (which may not exceed 72 hours except during particularly busy periods), it is mainly dependent on third-party companies responsible for delivery and therefore cannot guarantee the delivery date.
5.2 Delivery areas
Metropolitan France
5.3 Delivery Times
All deliveries are made within approximately 7 days of the order date. If the delivery deadline is exceeded by more than 7 days (except in cases of force majeure), the Customer may:
- Either notify the delay by email to the following address customer.service@li-vy.com . In this case, LIVY will contact the postal services to conduct an investigation that will not exceed 30 days. At the end of the investigation, if the package has not been located, the Customer will be reimbursed for the amount of their Order. If the package has been located, the Customer will have the option of having it delivered to the address indicated at the time of the Order or of refusing it due to late delivery and, in fact, of requesting a refund for their Order.
- Either cancel your Order and request a refund, by sending LIVY a registered letter with acknowledgment of receipt. In this case, the Customer must return a Cerfa document n°11527*02 to Customer Service.
Any refund will be made within a maximum of 14 (fourteen) days from the date of cancellation. The Customer's bank account will be directly re-credited with the amount of the returned items through the secure payment partner ADYEN.
Beyond 2 months, after the opening of a "complaint" file, requests for reimbursement can no longer be taken into account since the LIVY banking agent only allows re-crediting of transactions within a maximum period of 60 days.
Once credited, if the Customer ends up receiving the package, he must notify LIVY and arrange for its reshipment.
5.4 Delivery costs
Delivery Conditions – Metropolitan France
Orders are prepared and shipped within 24 to 48 hours (Monday to Friday). Several delivery options are available to the customer:
1. Standard Delivery (Colissimo)
Delivery time: 2 working days from dispatch (Monday to Saturday).
Fees: €7
Free for purchases over €200.
2. Express Delivery (Chronopost)
Delivery time: the day after dispatch for orders placed before 1 p.m. (Monday to Friday).
Fees: €12
3. Delivery to a Relay Point (Chrono Pick Up)
Delivery time: 2 working days from dispatch (depending on the opening days of the chosen relay point).
Fees: €4
Free for purchases over €200.
4. Collection from LIVY Boutique
Delivery time: 2 to 4 working days from order.
Fees: Free
Article 6. Right of Withdrawal / Reimbursement within 14 (fourteen) days
6.1 Exercise of the Right of Withdrawal
In accordance with the law, the Customer has a right of withdrawal of 14 (fourteen) days – which LIVY extends, as part of the service provided to its customers, to 14 (fourteen) days – from receipt of his order, which he can exercise without having to justify his decision or bear any costs other than those necessary for returning his order.
To exercise this right, the Customer is required to return the withdrawal form attached to their package or any other unambiguous declaration expressing their wish to withdraw, accompanied by the Product(s).
The Products must not have been worn or washed and must be returned in their original packaging and label, accompanied by the invoice or delivery slip (the invoice is available on the Site, in the "My Account" section, the delivery slip is included in the package). Please note: Items returned incomplete, damaged, damaged or soiled by the Customer will not be accepted for return or refund.
The withdrawal form can be returned by the Customer:
- by email: customer.service@li-vy.com, or
- by post to the following address : LIVY Customer Service - 50 rue d'Aguesseau – 92100 Boulogne-Billancourt
- by post to the following address : LIVY Warehouse (return service) ZAC Paris Oise Building D Avenue de Madrid 60126 Longueil Sainte Marie, France
6.2 Return methods offered:
Without prejudice to the provisions relating to the exercise of the right of withdrawal, and for commercial purposes, LIVY offers the Customer the possibility of changing their mind, upon presentation of their invoice, for any unworn item, within a maximum period of 14 days from the date of receipt of the Order. The Product concerned must be accompanied by its original label. The invoice is available on the website in the "My Account" section or via the Order dispatch email if the Customer does not have an account.
- Return by post
The Customer may return the items ordered from LIVY, accompanied by their withdrawal form or any other unambiguous declaration, the invoice
or the delivery note. Return costs are covered by LIVY for orders delivered to mainland France. The Customer must notify the parts they wish to return.
return and the reason by going to the return portal accessible via their account (if they have created their account), their order shipping confirmation email or
via the “Returns & Refunds” sections or the FAQ.
- Return to the LIVY store
The Customer has the option to return for a refund any unworn item purchased on the site within 14 days from the date of receipt of the Order, including during sales or promotional periods in all LIVY stores in mainland France (except department store corners and outlets).
However, only items from the current collection can be returned to stores; older collections (sold during commercial operations such as sales and clearance sales) must be returned exclusively by post.
Items must be accompanied by the original label, your Order number, the associated name, or the invoice. The LIVY store will take back the item at the purchase price. The LIVY store will record the return and provide the Customer with a receipt. This receipt should be kept; it is proof of deposit of the returned item(s). This service is only available in LIVY stores in mainland France (except department store corners).
6.3 Reimbursement:
LIVY will reimburse the Customer for all sums paid, namely the price of the products and any delivery costs (with the exception of additional costs resulting from the fact that the Customer has chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by LIVY), within a maximum period of 14 (fourteen) days following receipt of the products (unworn or washed, in their original packaging and label accompanied by the invoice or delivery note) which gave rise to the Customer's withdrawal.
The Customer's bank account will be directly re-credited with the amount of the returned items thanks to the secure payment partner ADYEN.
Article 7. The LIVY gift card – General Conditions of Use
The LIVY Gift Card is a voucher that allows its holder to pay for purchases in all LIVY stores in Metropolitan France (excluding department store corners) and on the website www.li-vy.com .
The cardholder is responsible for its safekeeping and use. It can be used in one or more installments, until its credit is exhausted and can be topped up, if necessary, by any other means of payment. It is valid for a period of twelve (12) months from the date it is sent by email or from the date of purchase in store.
It does not allow the purchase of another Gift Card.
It cannot be re-credited or reissued. In the event of theft, loss, data hacking, fraudulent use, or expiry of the usage period, any remaining amount will be lost. No objections can be made.
It is not nominative. As such, when it is used in store or on www.li-vy.com , LIVY will not be required to verify the user's identity.
It cannot be the subject of a counterpart or a refund in cash.
In the event of a return of a Product purchased in store and paid for by Gift Card (Physical or Digital), only an exchange or refund by a new Gift Card will be possible.
The use of multiple Gift Cards to pay for the same purchase is not permitted.
7.1. Physical Gift Card – Purchase and Use – Conditions on the back of the Card
The LIVY Gift Card is valid in all LIVY stores in mainland France (excluding department store corners) and on the website www.li-vy.com. It will expire within 12 months from its creation date.
The Gift Card can be used by its holder in one or more installments within the limit of the available balance, which can be viewed directly in store. LIVY is not required to verify the identity of the Gift Card holder.
The Gift Card is non-refundable, non-rechargeable, non-exchangeable for cash, and cannot be exchanged for change. It does not allow the purchase of another Gift Card.
It cannot be reissued by LIVY in the event of loss, theft, data hacking, fraudulent use or expiry of the period of use and in these cases, any remaining balance will be lost.
7.2 Dematerialized Gift Card
The purchase of the Dematerialized Gift Card is made on the website www.li-vy.com The purchaser of the Dematerialized Gift Card must be at least 18 years old or have parental authorization for its acquisition.
It can be presented on paper or mobile media in stores.
The amount may be €50, €80, €150, €200, €250, €300, €400, €500, €1000, €2000.
The Digital Gift Card will be valid for 12 months from the date LIVY sends the email to its recipient. The email can be sent within 2 hours to a maximum of 6 months from the date of purchase, depending on the date provided by the buyer.
The buyer will have the option to write a personalized message of up to 100 characters, which will accompany the Digital Gift Card sent to its recipient. LIVY will not be responsible for its content or meaning; the buyer undertakes to act in good faith, respect good morals, and not violate public order. LIVY reserves the right to delete any message that does not meet these criteria.
The Digital Gift Card is sent on the date and to the recipient's contact details provided by the buyer. LIVY will not be responsible for any error occurring when providing this information by the buyer, resulting in a failure to receive the Digital Gift Card; nor will it be responsible if the email sent by LIVY is considered SPAM or unwanted email by the recipient.
The buyer must be careful when entering the information of the recipient of the Digital Gift Card. After purchasing a Digital Gift Card, the buyer will receive a confirmation email. If upon receipt of said email, the buyer notices an error in the information provided, he must inform LIVY by email. However, LIVY will not be able to modify the data entered: if the Digital Gift Card has not yet been sent, it will be canceled. The buyer will be reimbursed and will have to place a new Order on the website www.li-vy.com. If the Digital Gift Card has already been sent and provided that the amount credited has not been spent, LIVY will deactivate it and automatically issue a new one based on the data modified and communicated by the buyer.
From the receipt of the Digital Gift Card by its initial recipient, the buyer will have a period of 14 days to withdraw. Upon receipt of the withdrawal notification, LIVY will deactivate the Digital Gift Card provided that the amount credited has not been spent in whole or in part and will proceed to refund it within 14 days, according to the banking methods used at the time of purchase.
Furthermore, LIVY cannot be held liable in the event of a breakdown in the internet service, external intrusion, computer virus, failure of telecommunications systems, or any other force majeure event making it impossible to send the Dematerialized Gift Card under the conditions requested by the buyer.
LIVY will not be liable if the Digital Gift Card is ultimately used by a person who turns out not to be the person provided by the buyer, whether the data provided at the time of the Order is correct or not.
In the event of a product purchased on the website using a Digital Gift Card being returned to the store or warehouse, the buyer will receive an email containing their new Digital Gift Card with the refund amount.
Article 8. Claim - Dispute
For any questions regarding an order, LIVY customer service is available to its Customers via the "Contact Us" section. In the event of a request or any difficulty, the Customer must provide their order number as well as the exact reason for their request.
Following the resolution of a dispute and if it is necessary to make a refund, this is made directly to the bank account thanks to the secure payment partner ADYEN.
In the event of non-receipt of Products, the Customer must inform LIVY within a maximum of 30 days from the order date. Indeed, inquiries carried out with La Poste to determine the delivery of any package can last up to 30 days. Beyond 2 months, after the opening of a "complaint" file, refund requests can no longer be taken into account since LIVY's banking agent only allows re-crediting of transactions within a maximum period of 60 days.
In the event of a dispute arising, the Customer will endeavor to resolve the dispute amicably, directly with LIVY Customer Service.
Article 9. Personal data
LIVY informs its Customers that by placing an order on the Site, the data recorded concerning them will be used by LIVY:
- for order processing,
- in order to inform you of news and upcoming events by sending newsletters,
- and in order to offer him commercial offers and competitions.
When entering personal data on the Site and prior to their collection, all Customers have the option to agree to receive information relating to Articles from LIVY's partners, in particular from companies in the ETAM Group (UNDIZ, 1 2 3 and ETAM), as well as from the LC81 Group. If the Customer accepts, LIVY will communicate the personal data collected to its partners, in particular to companies in the ETAM Group (UNDIZ, 1 2 3 and ETAM), as well as to the LC81 Group, subject to the prior agreement of the Prospect/Customer.
For any additional information on personal data, the Client is invited to consult the Personal Data charter.
Article 10. Warranty
The Products offered comply with current French legislation. All Products benefit from the legal regime of the guarantee of conformity provided for in Articles L217-4 et seq. of the Consumer Code, as well as the guarantee of hidden defects of Articles 1641 et seq. of the Civil Code.
Article L217-4 of the Consumer Code
The property complies with the contract if it meets, in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;
3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;
4° It is updated in accordance with the contract.
In addition to the contract compliance criteria, the property is compliant if it meets the following criteria:
1° It is suitable for the use normally expected of a good of the same type, taking into account, where appropriate, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;
6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the goods as well as to the public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling.
However, the seller is not bound by any public statements referred to in the preceding paragraph if he demonstrates:
1° That he did not know them and was not legitimately able to know them;
2° That at the time of the conclusion of the contract, the public declarations had been rectified under conditions comparable to the initial declarations; or
3° That the public statements could not have had any influence on the purchasing decision.
The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, a deviation to which he has expressly and separately consented when concluding the contract.
Any lack of conformity which appears within twenty-four months of delivery of the goods, including goods containing digital elements, shall, unless proven otherwise, be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the defect claimed.
For used goods, this period is set at twelve months.
The consumer is entitled to demand that the goods comply with the criteria set out in subsection 1 of this section.
The consumer requests that the seller bring the goods into conformity, choosing between repair and replacement. To this end, the consumer makes the goods available to the seller.
The goods shall be brought into conformity within a reasonable period of time which may not exceed thirty days following the consumer's request and without major inconvenience to the consumer, taking into account the nature of the goods and the use sought by the consumer.
The repair or replacement of the non-conforming good includes, where applicable, the removal and recovery of this good and the installation of the repaired good or the replacement good by the seller.
The compliance of the goods takes place at no cost to the consumer.
The consumer is not required to pay for the normal use he made of the replaced good during the period prior to its replacement.
The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs, in particular with regard to:
1° Of the value that the property would have in the absence of a lack of conformity;
2° The significance of the lack of conformity; and
3° The possible possibility of opting for the other choice without major inconvenience for the consumer.
The seller may refuse to bring the goods into conformity if this is impossible or entails disproportionate costs, particularly with regard to 1° and 2°.
When these conditions are not met, the consumer may, after formal notice, pursue specific enforcement of the solution initially requested, in accordance with Articles 1221 et seq. of the Civil Code.
Any refusal by the seller to proceed according to the consumer's choice or to bring the goods into conformity must be justified in writing or on a durable medium.
Any item repaired under the legal guarantee of conformity benefits from a six-month extension of this guarantee.
If the consumer chooses to have the repair carried out but the seller does not carry it out, the replacement of the goods will result in a new period of legal guarantee of conformity for the consumer, which is attached to the replaced goods. This provision applies from the day the replacement goods are delivered to the consumer.
The consumer has the right to a reduction in the price of the goods or to terminate the contract in the following cases:
1° When the professional refuses any compliance;
2° When compliance occurs after a period of thirty days following the consumer's request or if it causes him major inconvenience;
3° If the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the installation of the repaired or replacement good or the costs relating thereto
4° When the non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies an immediate reduction in the price or termination of the contract. The consumer is then not required to request the repair or replacement of the good beforehand.
The consumer is not entitled to cancel the sale if the lack of conformity is minor, which is the seller's responsibility to demonstrate. This paragraph does not apply to contracts in which the consumer fails to pay a price.
In the cases provided for in Article L. 217-14, the consumer informs the seller of his decision to obtain a reduction in the price of the goods.
The reduction in price is proportional to the difference between the value of the goods delivered and the value of these goods in the absence of the lack of conformity.
In the cases provided for in Article L. 217-14, the consumer informs the seller of his decision to terminate the contract. He returns the goods to the seller at the latter's expense. The seller reimburses the consumer for the price paid and returns any other benefit received under the contract.
If the lack of conformity only concerns certain goods delivered under the sales contract, the consumer has the right to terminate the contract for all goods, even those not covered by this chapter, if he cannot reasonably be expected to agree to keep only the goods which conform.
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
The seller is not liable for apparent defects of which the buyer has been able to convince himself.
He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.
In the case of Articles 1641 and 1643 , the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded.
If the seller knew of the defects in the item, he is liable, in addition to the restitution of the price he received, for all damages and interest to the buyer.
If the seller was unaware of the defects in the item, he will only be required to return the price and reimburse the purchaser for the costs incurred by the sale.
If the thing which had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and the other compensation explained in the two preceding articles.
But the loss incurred by fortuitous event will be for the account of the buyer.
The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
Article 11. Liability
Despite the care taken with our website, the photographs and texts reproduced and illustrating the products presented may sometimes contain errors. In the event of receiving an item that does not conform to the one viewed on the LIVY website, the Customer may exchange and/or refund it in accordance with Article 8 of these General Terms and Conditions of Sale.
LIVY cannot be held responsible for non-performance of the contract concluded in the event of:
- Out of stock or unavailability of the product,
- Disruption, total or partial strike, in particular of postal services or means of transport and/or communications.
- Floods, fires, any case of force majeure and any other unforeseeable event or event beyond the control of LIVY.
Hyperlinks may lead to websites other than this Site. LIVY is not responsible for the content and operation of the sites linked to this Site, nor for any damages of any kind that may be suffered by the Customer when visiting these sites. LIVY cannot be held liable if the content of these websites contravenes the legal and regulatory provisions in force.
LIVY also declines all responsibility:
- For the impossibility of contacting Customer Service and/or accessing the Site.
- For non-substantial product errors,
- For any interruption of the Site, occurrence of bugs, damage resulting from fraudulent intrusion by a third party resulting in a modification of the information made available on the Site,
Use of this Site implies knowledge and acceptance by the customer and/or visitor of the characteristics and limitations of the Internet and related technologies, the lack of protection of certain data against possible misappropriation or hacking and risks of contamination by possible viruses circulating on the network. LIVY declines all responsibility in the event of misuse or incident related to the use of the computer, Internet access, maintenance or malfunction of the servers, the telephone line or any other technical connection, and the sending of forms to an incorrect or incomplete address, any computer errors or defects found on the Site.
Article 12. Intellectual Property Rights
Use of the Site is reserved for strictly personal use.
In accordance with the laws governing intellectual property, this Site and all the elements that compose it, such as sounds, images, graphics, photographs, videos, writings, animations, programs, graphic charter, database utilities, software, and other underlying technology but also brands, designs, models, logos, etc. found in this Site as well as their compilation are the exclusive property of LIVY or possibly of its suppliers and partners, the latter granting no license, nor any other right than that of consulting the Site.
Any total or partial reproduction, modification or use of any element of the site and in particular the brands, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of LIVY, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logo and more generally any distinctive sign intended to form a composite logo, with the exception of logos and descriptive signs belonging to the brands present on the Site. The same applies to all copyrights, designs and models, patents which are the property of LIVY.
Consequently, LIVY may take legal action, particularly for infringement, against anyone who, directly or indirectly, infringes its rights.
LIVY prohibits any deep hyperlink to the Site or any hyperlink that uses a transclusion technique. A user wishing to place a simple link on their personal website that leads directly to the Site's home page must first request express authorization from LIVY.
Article 13. Duration of validity of the General Conditions of Sale
These conditions apply for the entire duration of the online publication of the products and services offered for sale by LIVY.
Article 14. Proof
The computerized records stored in the information systems of LIVY and its partners under reasonable security conditions will be considered as proof of communication, orders and payments between LIVY and the Customer.
Article 15. Applicable law – Attribution of jurisdiction
This contract is subject to French law. The language of this contract is French. In the event of a dispute, the French courts will have sole jurisdiction.
Article 16. Modification of the General Conditions of Sale
Given possible changes to the Site, LIVY reserves the right to adapt or modify these General Terms and Conditions of Sale at any time. The new General Terms and Conditions of Sale will, where applicable, be brought to the attention of the Customer by online modification and will only apply to sales made after the modification.
March 2023
