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TERMS & CONDITIONS LYEVA WEBSITE

Between

The company LYL (hereafter LYL),

a SAS company incorporated under the laws of France, registered with the RCS of DAX under the number 501.226.187,

with its registered office located at 95 rue des Vanniers 40150 SOORTS-HOSSEGOR, France (TVA Number: FR93501226187)

And

Any person of legal age, non-retailer, having the legal capacity to contract (hereafter, the “Customer”) purchasing a Product on the Website.

Collectively referred to as the “Parties” and individually referred to as the “Party”.

PREAMBLE

These Terms and Conditions (hereafter the “Terms & Conditions”) are intended to define the rules applicable in connection with the sale of branded products LYEVA (hereafter “Product(s)”), to the Customer by LYL, from the Website (www.lyeva-life.com),.

LYL reserves the right to modify at any time these Terms and Conditions by publishing a new version on the Website. The Terms and Conditions applied are those in effect on the Website at the time of placing the order by the Customer; provided that any order for a product offered on the Website constitutes full acceptance of the Terms and Conditions in effect at the time of placing the order.

ARTICLE 1. OBJECT

These Terms and Conditions are intended to define the conditions under which Products are sold by LYL to the Customer. Thus, they regulate the various stages of completion of the sale: from the order by the Customer to the delivery of the Product to the Customer.

ARTICLE 2. PRODUCTS

Products offered for sale by LYL are those listed on the Website the day of their consultation by the Customer. Each product will have a description, which, in addition to photography, includes: price, photography, availability of sizes and colors, compositions and special features. The pictures are not contractual, small differences may exist between the product and its photography, depending on the screen resolution and the definition of colors of the screen of the computer of the user.

ARTICLE 3. PRICE

The prices are those given on the Website and confirmed to the Customer during the order validation (and the value added tax applicable to the order in effect on the day of its confirmation).

Shipping fees are disclosed to the Customer on the order summary before confirming them and are expressed inclusive of all taxes. These costs are at the expense of the Customer and are charged in addition to the sales price of the Products..

The transfer of risks of loss and deterioration of products will be made after delivery and receipt of the Products by the Customer.

We reserve the right to modify our prices at any moment but will apply the current rates as indicated to the Customer on the site at the time the order was placed.

If an obviously incorrect price appears on our website (a price that is clearly too low, for example), and for whatever reason (IT bug, human error, technical error etc.), the order will be cancelled, even if it has been initially validated, what we will inform the Customer as soon as possible. He will then be able to place a new order at the rectified and correct price if he wants to and depending on stock.

ARTICLE 4. ORDERING AND PAYMENT OF PRODUCTS

4.1 ORDERING PRODUCTS

The Customer creates an order by completing the following 5 steps:

  1. The Customer selects the chosen Product and adds it to his shopping cart after selecting the size and color.
  • The Customer checks the contents of the shopping cart by clicking on “order” to gain access to the summary of the order. The Customer can then modify his order (Product, Size, Quantity).The total tax of the order, distinguishing from price payable in respect of Products and other delivery charges, is then indicated in the summary.
  • Once the order is checked and amended if necessary, the Customer confirms their shopping cart to finalize the order by clicking again on order.If the Customer has an advantage code, only the very best Customers have one, he will include it in the space provided for this purpose in order to benefit from it.
  • Entering delivery and billing details by the CustomerFields marked with an asterisk (*) are required fields; being understood that unless otherwise specified by the Customer, the billing address will automatically be the same as the shipping address.If a Customer has already placed an order on the Website, they will have a customer account. In such a case, he will be able to identify himself with only his email address and password.The Customer can then verify all information and clicks on “Submit” to continue his order.
  • Banking InformationThe Customer will access on the screen the secure payment partner of LYL as specified in section 4.3.If payment is accepted, the Customer is redirected to a confirmation screen control on the Website.In the event of failing settlement, the Customer will have up to three attempts to re-enter their bank details. After the third refusal, the Customer is re-directed on the Website to a screen informing him refusal of payment. The Customer is requested to contact the customer service from LYL to know the reasons and find a solution to complete the customer order.

4.2 - CONFIRMATION OF THE ORDER

Upon acceptance of payment by the Customer; the Customer will receive an email confirming his order and summing all items ordered, billing address and delivery and the date of delivery.

The validation of the order by the Customer and the confirmation of the order sent by LYL following the acceptance of payment bring a contract of sale between Parties and acceptance of Terms and Conditions.

The Customer having placed an order will have the option to print the invoice by logging onto the Website in the space provided for this purpose.

LYL reserves the right not to accept the order in the case of:

  • Abnormal or abusive claims,
  • Abnormal orders with regard to the quantity ordered,
  • Abnormal or abusive returns and exchanges,
  • Existing disputes with the Customer,
  • Or any other suspected fraud.

Customer Service of the Website is available to the Customer for all matters relating to his order by email and phone ([email protected] /+33 5 58 43 46 95, please see “Customer Service” section on the Website).

4.3 - PAYMENT

The price of products purchased is payable in cash in full on the day of placing the order by the Customer and the payment is made online when validating the order by the Customer (payment methods available online depending on the country of delivery).

The request for authorization for debiting the card/account is made at the time of confirmation of the order on the Website, exception made for unavailability of servers. LYL reserves the right to reapply for permission to deduct if the first try could not succeed due to unavailable servers.

In the event of a default of payment, a wrong address or any other problem on the Customer’s account, LYL reserves the right to block the Customer’s order pending the resolution of the problem.

In case of fraudulent use of their credit card on the Website, the Customer should contact the Customer Service.

Transactions on the Website are secured by the payment system partner of LYL, the company ADYEN (23 Rue Taitbout 75009 Paris, [email protected]).

All information exchanged to process the payment is encrypted using SSL (Secure Socket Layer). This data cannot be detected, intercepted or used by others. At no time will the financial data for the Customer pass through the computer system from LYL.

ADYEN verifies that the connection to the client browser is secure before sending the payment form to the bank making the financial transaction.

ADYEN being a service provider, does not deal with disputes arising from orders which are processed directly by LYL as mentioned before or if necessary the Customer’s bank.

4.4 – ORDERS ARCHIVES

The order confirmation is recorded in the books of LYL, stored in a reliable and sustainable area. The Customer agrees that confirmation of the order is seen as evidence of the contractual relationship between the Parties.

ARTICLE 5. SHIPPING

LYL will deliver orders with a delivery within a maximum of ten (10) business days for delivery to Metropolitan FRANCE and twenty (20) business days for delivery for any other destination counting from the day following receipt of the payment.

Every order registered between Monday and Thursday before 9.00 am will be processed on the same day; after 9.00 am, it will be processed the next day. Every order registered on Friday after 9.00 am, Saturday or Sunday will be processed the following Monday and the orders placed on a holiday will be processed the following workday.

Exceeding the delivery time, not justified by force majeure (Act of God), the Customer may request cancellation of the sale and obtain within a maximum period of 30 (thirty) days the refund of the amount paid in connection with the sale.

For international orders, the country of delivery may apply customs duty on this import, and the Customer will have to pay the taxes and duty in order to get the products. (The local authorities may help you.)

ARTICLE 6. RECEIVING ORDERS - RIGHT OF WITHDRAWAL – RETURNS/EXCHANGE

The Customer is required to verify the correctness of products received under his order at the time of delivery and any anomaly concerning the delivery (such as damaged packaging, missing or damaged products, products not complying with the order etc.) must be addressed within 15 days after receipt of the products by email to the Customer Service at [email protected].

The customer has a period of thirty (30) days from the date of receipt of his order to return the Products ordered, with no explanation or penalty. After this time, and except for hidden defects, no claim will be accepted by LYL.

For any return of product(s), the procedure below must be fully respected:

  • The Customer must attach to his package the completed return form beforehand printed using the feedback form available from the customer area- Category “My Orders”. No returns will be accepted without the aforementioned return form completed.
  • Products must be returned in their original packaging, or in any package protecting the product from damage, with labels and any accessories, in perfect condition to be sold again on the website, adding the order number to this address : LYEVA- Service retour chez LYL, 95 rue des Vanniers 40150 SOORTS-HOSSEGOR.

The risks and costs of returns are the sole responsibility of the Customer and the products returned with postage due or cons-reimbursement will be refused.

LYL will propose to the Customer:

  • The replacement of the returned product(s) at the expense of LYL,
  • Or the reimbursement of the full cost of returned product(s) (and delivery charges paid by the Customer in case of return of all ordered products), less any import duties or taxes paid by the Customer at the delivery (and less costs of return). The bank account of the Customer will generally be credited to such amount within five (5) days of receipt of the returned Products by LYL.

In case of abnormal or abusive claims, LYL may refuse to serve later orders.

ARTICLE 7. PERSONAL DATA & COOKIES

7.1 – PERSONAL DATA

LYL (contact details provided on article 1 of our Legal Notice) collects the following personal data:

Name, forename, delivery and invoicing address, phone ,number, e-mail address
Connection information (login and password)
Shopping history and wishlist
Cookies, and navigational data
These data are necessary to process your orders and to deliver yours products, so they are necessary to conclude and execute the sales contract between us.

They can also be useful to provide you with information about our brand, our Products, our Website or commercial offers, if you accept it while validating your order (you can withdraw your consent at any time without prejudice to the legality of the previous processing).

The data are strictly confidential and listed with an asterisk (*) when necessary to LYL, and/or its contractors as part of the management of your order.

Following any injunction or legal authorities to defend the rights or those of its employees, customers or anyone else, LYL may provide personal data to agencies and authorities legally authorized.

LYL agrees to take every precaution to ensure the security of its files and protect its computer system, to prevent personal information such as the Customer’s from being distorted, corrupted or available by unauthorized parties and not to transfer, sell or give the personal information to any third party.

These personal data are sent to and stored by our hosting company (contact details provided on article 2 of our Legal Notice). They are also addressed to our service providers and subcontractors to process on our behalf, particularly for payments, shipping, hosting, emails and newsletters, statistical analyses, brand and products management. The agreements concluded with these service providers and subcontractors are adequate to protect your personal data and they comply with the relevant existing regulations.

According to the French law "Informatique et Libertés», the Website is registered with the French National Commission for Computing and Liberties under the number 2143597 and you have a right of access, rectification, and deletion to your nominative data.

You can exercise this right by sending us a letter (to LYL, 95 rue des Vanniers, 40150 Soorts-Hossegor France) or by email (@: [email protected]), stating your full name, email and mailing address.

You can also modify your personal data from your customer area (with your email address and password).

You can subscribe online to receive our newsletters and thus be regularly informed of the commercial offers proposed on the website. At any time, you can opt out by using the unsubscribe link provided at the bottom of each newsletter. This link is also available on the website in the customer area under “My account/Subscription”.

Your personal data are stored as long as necessary for the fulfillment of the purposes above-mentioned. We usually store them as long as you keep your customer account and you don’t require its deletion or longer when required by applicable law, rule or regulation.

You are entitled to lodge a complaint with control authority.

7.2 - COOKIES

To process your order, and in order to better understand your needs and customize the services offered on the Website, LYL uses cookies (files stored on the hard drive of your computer that is intended to signal his passage on the Website).

These cookies memorize your time of the visit on the Website, your identity (thanks to your email and password) and the contents of your shopping cart.

Once you are disconnected from the Website, this information is stored for thirty (30) days before being permanently deleted.

Your consent is required prior to the use of cookies and you may oppose their registration by configuring their browser, and then you lose any customization service that is offered on the Website.

ARTICLE 8. DISCLAIMER

Placing an order on the Website implies knowledge and acceptance of procedures on the Internet in particular with regards to technical performance, response times, connections, queries or information transfers, the risks of disconnection, the risks of contamination by viruses circulating on the network and in general all the risks associated with using the Internet.

LYL cannot in any way be held liable for any direct or indirect damage, resulting from misuse or incident relating to the use of the computer, Internet access, maintenance or malfunctioning servers, telephone line, or any other technical connection; the connection of the Customer to the Website is under his full responsibility.

ARTICLE 9. FORCE MAJEURE (ACT OF GOD)

LYL is not responsible for non-performance or part of its Obligations under the order placed by the Customer, if such non-performance is caused by an event of force majeure (act of god) as defined by substantive law.

In such a case, LYL will inform the Customer of the occurrence of such event within 3 (three) days after its occurrence, by email.

After a period of 1 (one) month, and the assumption the event constituting a force majeure (act of god) persists, the order will be canceled and will, when appropriate, be recoverable from LYL within a maximum of 30 (thirty) days.

ARTICLE 10. ENTIRE AGREEMENT

If any of these terms of the Terms and Conditions is found invalid, illegal or unenforceable by a court other provisions of the Terms and Conditions shall remain in effect.

ARTICLE 11. APPLICABLE LAW, JURISDICTION & MEDIATION

The Terms and Conditions herein are performed and interpreted in accordance with French law.

In the case of dispute related to these Terms & Conditions, the Customer’s priority will be to contact LYL in order to reach an amicable solution.

Failing to reach an agreement with LYL, the Customer can initiate a free mediation process to avoid a legal action. In such case, the Customer is invited to attend the online platform of dispute resolution set up by the European Commission (https://ec.europa.eu/commission/).

If no amicable agreement is reached, the court jurisdiction over this dispute is the court of the domicile of the defendant, chosen according to the Article R631-3 of French Consumer Code if applicable.