GENERAL TERMS AND CONDITIONS OF SALE

 

*Private Sale: Offer valid June 12 th to June 25 th 2024 on the www.li-vy.com website. Offer valid for all customers registered in the LIVY customer file on a selection of items. Under no circumstances the discount can be exchanged for cash or equivalent. Offer cannot be combined with other current offers.

Preamble

We are happy to welcome you on our Website li-vy.com (hereinafter the “Website”).

The present General Terms and Conditions of Sale exclusively regulate the sales of goods offered on the Website. They are accessible at all times on the Website and the Customer must declare that it has read them and acknowledged them when registering its order.

Consequently, the act of placing an order implies the complete acceptance by the Customer, without reserve, of the General Terms and Conditions of the Sale, to the exclusion of any other condition notably those applicable in the LIVY stores that may be, for example, presented in prospectuses, catalogues issued by LIVY.

Any conflicting condition laid down by the Customer, unless expressly and previously accepted, is not binding on LIVY no matter when it may have been informed thereof. The fact that LIVY does not invoke any of the General Terms and Conditions at a given time must not be interpreted as a waiver of its rights to invoke any of said Terms and Conditions subsequently.

LIVY endeavours to insure, as much as possible, that the information on the Website is accurate and updated, and reserves the right to correct, at any time and without warning, the content thereof.

If a condition is missing, it should be considered as being subject to the practices and laws of France in the field of distance selling. The potential invalidity of one of the terms of the General Terms and Conditions does not cause the invalidity of the General Terms and Conditions of Sale as a whole. Only the invalid clause must be considered as not being written and should lose its effects.

Although LIVY operates the Website https://int.li-vy.com, LIVY works with a company called Global-e France SAS (referred to below as “Global-e”), which provides order processing and fulfilment services and is the seller of all products and services purchased through the https://int.li-vy.com Website. The checkout pages are provided by Global-e. On successful verification of your order and payment information, Global-e buys products from us and resells them to you in accordance with the Global-e Terms of Service.

You can find out more about Global-e Terms & Condition

Website Editor

byLI/VY, SAS - RCS SIREN 822 683 595 

having its address 50 rue d’Aguesseau, 92100 Boulogne Billancourt.

The company byLI/VY uses the trademark LIVY and is identified in the present General Terms and Conditions of Sale under the name LIVY.

Publishing Director

Lisa Chavy

Host of the Website 

Demandware

5 Wall Street, Burlington, MA 01803 USA

+1 (888) 553 9216 

LIVY Customer Service

               -Mail: LIVY Service Client, 50 rue d’Aguesseau 92100 Boulogne-Billancourt France
               -Email:
customer.service@li-vy.com

GLOBAL-E Customer Service

                -Mail: 45 Leather Lane, London EC1N 7TJ United Kingdom
                -Email: service@global-e.com

Article 1. Object

The present Conditions regulate the sale of LIVY « lingerie » and « ready to wear » and the sale of LIVYSTONE « swimwear » goods offered on the Website by the company byLI/VY, French Société par Actions Simplifiée, registered in the French Companies and Trade Registry under the number 822 683 595, having its registered address at d’Aguesseau, 92100 Boulogne Billancourt (hereinafter referred to as "LIVY"), to any natural, non-merchant, and exclusively adult, person (hereinafter referred to as the “Customer”).

Article 2. PRODUCTS

2.1 Characteristics of the Products 

The Products offered for sale online are those presented on the Website. They are described and reproduced by LIVY on the Website with as much accuracy as possible. The information communicated on the Product description page notably mention the essential characteristics of the Products (colours, description, composition, maintenance, dimensions), their price.

Nevertheless, LIVY draws the Customer’s attention on the fact that the photos cannot insure a perfect similarity with the Products offered for sale, notably as regards colours, but also as regards the look of the Product on the Customer.

The differences can result from the quality of the photos’ colour, de difficulty to display materials on the screen or, without this list being exhaustive, the technical adaptation. These differences cannot be interpreted as lack of conformity and result in the invalidity of the sale.

In case of a non-significant manifest error or omission between the characteristics of the Product and its representation and/or its description, LIVY cannot be held liable.

The Product offers and the prices (except when the terms of Article 3 of the present General Terms and Conditions of Sale apply) displayed on the Website are valid as long as they are displayed on the Website, within the limit of available stocks. 

2.2. Product Availability

The Products are offered for sale within the limit of available stocks, subject to a stock variation. Only the Products displayed on the Website at the time of the visit by the Customer are offered for sale.

Hence, when the offer is placed, the availability of the selected Product is confirmed by the Website.

In case the Product is not available due to a variation of the stock, LIVY will inform the Customer in the shortest amount of time possible by email and will indicate, if applicable, the waiting time for the delivery of the Product. The Customer will be able to confirm its order or ask for a reimbursement of the Product on the basis of the invoiced price.

The costs of preparation and delivery will be reimbursed to the Customer if the latter confirms the cancellation of the entire order.

2.3. Purchase limits

The Website does not allow the purchase of Products for resale. In this respect, the Customer's attention is particularly drawn to the fact the Order shall not exceed fifteen (15) items per Order or 2,000 Euros (or equivalent amount in another currency). Customers wishing to purchase more than this amount or quantity for purposes other than resale should contact LIVY's Customer Service at customer.service@li-vy.com to find out about the possibilities and conditions of purchasing on this Website.

Article 3. Price

For European Union (EU) countries, the prices are indicted all tax inclusive, including VAT. The prices indicated include the applicable VAT at the day of the order. Should the VAT amount be amended, it would be automatically applied to the prices of the products.

For countries outside the European Union (EU) and the French DOM-TOM, the prices are indicated exclusive of VAT. For information about customs duties and other local taxes, please refer to the Global-e Terms of service.

The prices are indicated exclusive of preparation and delivery costs which depend on the selected delivery country. The lump sum for participation to the costs of preparation and delivery is communicated to the Customer on the order summary, before the order is confirmed.

Any order shall imply acceptance of the prices and descriptions of the Products available for sale.

At any time, LIVY reserves the right to amend the prices and descriptions of the Products and notably in case of increase of taxes applicable to sales and notably the amount of VAT, and/or in case of a manifest typing or entry error.

Nevertheless, the Products will be invoiced based on the applicable price at the time the order is placed, except manifest error.

Indeed, despite LIVY’s care, it is possible that errors on the price occur on the Website, no matter the reason (computer error, manual error, technical error...). If orders are placed for prices that are wrong or manifestly low (worthless price), or if reductions that are not justified are wrongly applied, the orders will be cancelled, even if they were confirmed. LIVY will then inform each of the concerned Customers, so that they can, if they wish, place the order again at the right price.

Article 4. Order

Please refer to Global-e Terms & Condition

LIVY referred with Global-e, a third party service acting as a seller-on-record, which provides to buy and ship LIVY products to over 100 destinations worldwide. When the Customer buys from Global-e, he will notice that his payment method is charged by Global-e and the purchase is subject to Global-e’s Terms and Conditions and Privacy Policy, which will be clearly presented in checkout before you place the order.

For any information, question or advice, the Global-e customer service is at the disposal of the Customers:

 

               -Mail: 45 Leather Lane, London EC1N 7TJ United Kingdom
               -Email: service@global-e.com

4.1 Personal data and Customer Number

All Customers must enter the information requested to create a Customer profile and obtain its login details, which are strictly personal. Any loss or forgetting of login details must be notified to LIVY as soon as possible by contacting the LIVY Customer Service.

To place an order, the Customer must fil in a sign-in form and complete notably the information necessary for its identification: 

               -Valid electronic address and password of its choice (confidential and personal) to identify the Customer on the Website,
               -Data marked with an asterisk, mandatory and necessary to process the invoices and order deliveries.

It is important that the Customer fil in the form with as much accuracy as possible in order to avoid any error or repercussion on the delivery or the ordered Product(s). The data registered on the Website are exclusively destined for LIVY, or LIVY’s partners and notably the Groupe ETAM (UNDIZ, 1 2 3 and ETAM), as well as Groupe LC81 in case of express agreement by the Customer accordingly with the conditions detailed herein.

4.2 Order registering and confirmation

Any Customer that wishes to place an order selects the Product(s) of its choice by clicking on “Add to bag” or any other equivalent section.

At the end of this step, after clicking on “Finish my shopping” or any other equivalent section, a summary of the Order appears on the screen, allowing the Customer to make any amendment then confirm by clicking “Access payment” or any other equivalent section.

To access the order confirmation, the Customer must acknowledge the General Terms and Conditions of Sale and accept them expressly by checking the box therefor. 

Any order placed on the Site will be exclusively paid on line via one of the following bankcards: CB, Visa, Mastercard, Amex and all other methods authorized by Global-E.

The order is only processed after entering the bankcard number, its expiry date and the security code (three figures featured on the back of the bankcard) for the payment. This payment is finally validated by the bankcard EIG. The card is debited when the order is dispatched.

The Customer guarantees LIVY that it has the necessary authorizations to use the payment method chosen for its order, at the time of registering the order. The Customer, through the confirmation of its shopping bag, of the Order summary and the acceptance of the LIVY’s General Terms and Conditions of Sales and Global-e’s Terms and Conditions of Sales, consents to move to the order confirmation by payment. The price due by the Customer is the amount indicated on the order summary which is acknowledged by the Customer before confirming the order. This confirmation implies the express acceptance of all operations carried out on the Website. 

In any case, the online entry of the card number and the final confirmation of the order serve as proof of the integrity of the order and make the sums incurred for the articles listed on the order summary due. This confirmation serves as signature and express acceptance of all operations carried out on the Website. Nevertheless, in case a fraudulent card is used, the Customer is requested, as soon as it notices this use, to immediately contact LIVY’s Customer Service.

4.3. Receipt of order and order tracking 

The final order confirmation is given after confirmation of payment.

An email confirmation of the order and payment will be sent to the Customer confirming their registration along with a summary of all the information already provided and the Terms.

The breakdown and tracking of the delivery of each order is available at any time on this website : tracking order.

Article 5. Delivery 

Except a case of force majeure or an unforeseeable and insurmountable event, the delivery timeframes are those indicated below and they start running from the date of the order confirmation. They are given to the Customer prior to any order confirmation and payment. Therefore, the Customer has to choose the country of delivery and the delivery method when asked to do so.

LIVY takes all the precautions for the parcel to arrive in a perfect condition. That being said, the Customer must check the packaging condition and the conformity of the delivered Product, and if necessary, must enter any reservation on the delivery receipt of the transporter.

For parcels sent outside the European Union (EU) and DOM-TOM, customs duties or other local taxes or import duties or state taxes may be payable.

The payment of these duties and sums are the sole responsibility of the Customer, regardless of the amount.

For more information, please refer to Global-e Terms & Condition

Article 6. Withdrawal Right / Reimbursement during 30 (thirty) days 

6.1 Exercise of the Right of Withdrawal

According to the law, the Customer has a right to withdraw within 14 (fourteen) days – which LIVY extends, in the frame of the services rendered to its Customers, to 30 (thirty) days – from the receipt of the order, which it can exercise without having to justify its decision nor bear any costs other than those necessary to the return of its order.

To exercise this right, the Products must not have been worn or washed and must be returns in their original packaging and with the original tag, with the invoice and delivery receipt.  

Warning: the articles that are returned incomplete, damaged or dirty by the Customer cannot be taken back nor reimbursed.

6.2 Return method

The Customer returns the ordered Products within 30 (thirty) days from the notification of its decision to withdraw accordingly with the conditions set in article 6.1 above.

To declare a return, the Customer must log in to the <a href=" https://web.global-e.com/Returns/Portal/mZAQ "> returns portal</a>

The order number and the email address used for the order will be requested. The Customer will have to indicate the items returned and the reason. Once this information entered, the Customer will be able to print a return label.

Return shipping costs vary depending on the country. The return costs are fully covered for France metropolitan, Switzerland, the United Kingdom, the United States and all European Union countries. For all other countries not mentioned above, a return cost applies and will be deducted from the amount of the returned items.

6.3 Refund

Please refer to Global-e Terms & Condition

LIVY wishes to draw the attention of the Customer on the existence of a delay of 30 days from the date of order to return the products to LIVY’s warehouse based in France.

For more details, please contact LIVY Customer Service at: customer.service@li-vy.com

Article 7. Complaint – Dispute

For any question on an order, LIVY Customer Service is at the disposal of its Customers via the section “Contact us”. For any question or difficulty, the Customer must give its order number as well as the exact subject of its request. 

In case the Products are not received, the Customer must inform LIVY at the latest 30 days from the date of the order. Indeed, the investigations carried out before the Mail services to locate the parcel can last up to 30 days. After 2 months, from opening a “complaint” file, the request for reimbursement can no longer be taken into account because the banking agent of LIVY only allows to re-credit an operation within a maximum of 60 days.

In case a dispute arises, the Customer will do its best to solve this dispute amicably, directly with the Customer Service of LIVY.

Article 8. Individual-related data

LIVY informs its Customers that by placing an order on the Website, the registered data thereof will be used by LIVY:

        -for order processing,
        -to inform the Customer of news and upcoming events through newsletters

        -and in order to make commercial offers and contest games.

During the entry of personal data in the Website and previously to their collection, every Customer is given the opportunity to agree to receiving information relating to Articles form LIVY’s partners and notably the companies from the Groupe ETAM (UNDIZ, 1 2 3 and ETAM), as well as Groupe LC81. In case of agreement from the Customer, LIVY will forward the collected personal data to its partners and notably to the companies from the Groupe ETAM (UNDIZ, 1 2 3 and ETAM), as well as LC81 provided the Customer has previously agreed thereto.

For any additional information on individual-related data, the Customer is invited to check the Data Protection Policy

Article 9. Warranty

The products offered comply with the European Union rules in force. Therefore, each customer benefits from a legal guarantee on the items sold applying for a 2-year period starting from the day of delivery of the concerned articles.

In the event of a default occurring within 6 months from delivery, it is probable that the concerned product was already defective when purchased. Beyond this 6 months period, the customer shall be responsible for proving that the default was already inherent when the product was delivered.

This legal guarantee of conformity applies irrespective of the existence of a commercial guarantee. 

Article 10. Liability

Despite the care given to our Website, the photos and texts illustrating the Products, may sometimes bear errors. In case the Customer receives an article that is not in conformity with that seen on LIVY’s Website, the Customer may proceed to its exchange and/or request reimbursement accordingly with Article 8 of the present General Terms and Conditions of Sale.

LIVY is not responsible for a non-performance of the contract in the following cases: 
 

           -stock shortage or unavailability of the Product,  
           -perturbation, partial or total strike notably of the mailing services or transport and/or communication means.

           -flooding, fires, any case of force majeure and any other unforeseeable event independent from the company LIVY.

Hypertext links may redirect to websites other than the present Website. LIVY is not responsible for the content and functioning of these websites linked in the present Website, as well as for any damage of any nature that the Customer may suffer when visiting these websites. LIVY is not responsible if the content of these Websites is not in conformity with legal or regulatory terms.

Moreover, LIVY is not responsible for: 

          -the impossibility to reach the Customer Service and/or to access the Website,
non-substantial errors relating to the Products,
          -any interruption of the Website, computer error, damage resulting from a fraudulent intrusion of a third party leading to a change in the information
          -available on the Website,

The use of the present Website implies the acknowledgement and acceptance by the Customer and/or Visitor of the characteristics and limits of the Internet and the technologies related thereto, the lack of protection of certain data against potential diversion or piracy and risks of contamination through potential viruses circulating in the network. LIVY is not responsible in case of a bad use or incident related to the use of the computer, Internet access, maintenance or malfunctioning of the servers, telephone line or any other technical connection, and forms sent to a wrong or incomplete address, any computer errors or defects detected on the Website.

Article 11. Intellectual Property 

The use of the Website is reserved exclusively for a personal use.

In accordance with the laws regulating intellectual property, the present Website and all its components, such as sounds, images, graphic elements, photos, videos, texts, animations, programs, graphic chart, utilitarian data bases, software, and other related technology, as well as trademarks, designs, models, logos, etc. displayed on the Website as well as their compilation are the exclusive property of LIVY or potentially one of its suppliers or partners, who do not grant any license, nor any right other than that of browsing the Website.

Any whole or partial reproduction, amendment or use of any element of the Website and notably of trademarks, illustrations, images and logotypes, for any purpose and on any medium whatsoever, without the express and previous agreement of the company LIVY, is strictly prohibited. The same is applicable to any combination or convergence with any other trademark, symbol, logotype and generally any distinctive sign destined to form a combined logo, to the exception of the descriptive logos and signs belonging to the trademarks displayed on the Website. The same applies to all copyrights, designs and models, patents that are the property of the company LIVY.

Consequently, LIVY may start lawsuits, notably for intellectual property rights infringement, against any person that, directly or indirectly, infringes its rights.

LIVY prohibits affixing a deep hyperlink directing to the Website or a hyperlink that uses the technique of transclusion. A user that wishes to affix on its personal Website a simple link directly to the home page of the Website, must compulsorily ask for previous express authorization from LIVY. 

Article 12. Duration

The present conditions are applicable as long as the Products and services are offered for sale online by LIVY.

Article 13. Proof

The computerized registries kept in the information systems of LIVY and its partners in reasonably secure conditions, will be considered as proof of exchanges, orders and payments between LIVY and the Customer.

Article 14. Applicable Law – Disputes

The present contract is subject to French law. The language of the present contract is French. In case of dispute, exclusive jurisdiction is given to French Courts. 

Article 15. Amendment of the General Terms and Conditions of Sale

In light of the possible evolutions of the Website, LIVY reserves the right to adapt or amend at any time the present General Terms and Conditions of Sale. The new General Terms and Conditions of Sale are, if applicable, made known to the Customer through the amendment online and will be applicable only to the visits made after the amendment.

April 2023