GENERAL TERMS AND CONDITIONS OF SALE

 

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 endeavors 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.
 
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 
 
Customer Service
 
For any information, question or advice, our Customer Service is at your disposal :
Mail : LIVY Service Client
50 rue d’Aguesseau
92100 Boulogne-Billancourt
Email : customer.service@li-vy.com
 
Article 1. Object
 
The present Conditions regulate the sale of LIVY « lingerie » and « ready to wear » 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’Aguessau, 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. Goods
 
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 (colors, description, composition, maintenance, dimensions), their price (inclusive of tax).
 
Nevertheless, LIVY draws the Customer’s attention on the fact that the photos can not insure a perfect similarity with the Products offered for sale, notably as regards colors, but also as regards the look of the Product on the Customer.
 
 
The differences can result from the quality of the photos’ color, de difficulty to display materials on the screen or, without this list being exhaustive, the technical adaptation. These differences can not 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 can not 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.
The costs of preparation and delivery will be borne by the Customer if the latter confirms the delivery of one or more other Products that are part of the same order.
 
Article 3. Price
 
The prices are indicated in euros (€) all tax inclusive, including VAT and exclusive of preparation and delivery costs which depend on the selected countries. 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 articles. 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
 
4.1 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 Web 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 Goupe ETAM (UNDIZ, 1 2 3 and ETAM), as well as the company Goupe LC81 in case of express agreement by the Customer accordingly with the conditions detailed herein.
 
4.2 Order registering
 
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. 
 
 
4.3 Order confirmation
 
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 General 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. 
 
 
All orders placed on the Website are payed exclusively online with one of the following cards: CB, Visa, Mastercard, American Express as well as any card derived therefrom in any other country. 
 
The order is taken into account only after the card number, expiration date and cryptogram number (3 figure number appearing on the reverse of the card) have been entered for payment. This payment is subject to a final confirmation by the bank card economic interest grouping. 
 
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 accordingly with the terms of the law of March 3, 2000 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.
 
 
4.4. Payment Securing
 
LIVY uses the secure payment service ADYEN which comprises the security norm SSL. The confidential data (card number, expiration date) are sent in an encrypted manner directly through the server ADYEN and are never sent through our server.
 
The server ADYEN is itself directly connected to the serves of the banks in each concerned country.
 
4.5 Order receipt
 
The final confirmation of the Order occurs after payment confirmation.
 
A confirmation email for the Order and payment is sent to the Customer confirming its recording with a summary of all the information already given, the General Terms and Conditions of Sale and an access to a withdrawal form.
 
 
4.6 Following the Order
 
The details and following of each order delivery can be checked at any time on the Website, in “My account” after the Customer enters its email and password.
 
 
 
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.
 
5.1 Delivery methods :
 
The parcels are delivered, at the Customer’s choice: 
 
by Mail services at the Customer’s home or any other address of its choice (to be specified in the delivery form), provided it is located in one of the countries listed in Article 5.2,
 
LIVY processes the parcels from Monday to Friday. In general, all orders are processed within 2 to 3 work days. The additional processing periods are those of our transport partners. Generally, they do not exceed 5 days for Metropolitan France and 7 days for Europe.
 
 
Warning, at certain times (Sales, Private Sales...) the period of time for processing the orders may be longer in light of the high number of parcels to process.
 
Generally, LIVY takes all measures to ensure the parcels are delivered within the indicated time frames, but aside from its own delays of which it is responsible (which can not be above 72 hours except particularly busy periods), LIVY depends especially on the third party companies that are in charge of the delivery and thus can not guarantee the date of delivery.
 
At home delivery by the Mail services
If the Customer is absent: a notice will be left in its mailbox. The parcel will be kept at the Mail office that is closest to the delivery address for 15 days.
 
 
5.2 Delivery zones
 
Metropolitan France, Andorra, Austria, Belgium, Switzerland, Germany, Denmark, Finland, United Kingdom, Guadeloupe, Greece, Ireland, Italy, Luxembourg, Martinique, Netherlands, Norway, Portugal, Reunion, Sweden and United-States.
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.
 
5.3 Delivery Timeframes
 
All deliveries are carried out in an approximate timeframe of 7 days starting at the date of the order.
 
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.
 
Once re-credited, if the Customer ends up receiving the parcel, it must notify LIVY and send the parcel back.
 
 
5.4 Delivery Prices
 
Metropolitan France : 7 €
Andorra : 12 €
Austria : 15 €
Belgium : 7 €
Switzerland : 20 €
Germany : 12 €
Denmark : 20 €
Finland : 20 €
Unired-Kingdom : 15 €
Guadeloupe : 12 €
Greece : 12 €
Irland : 15 €
Italy : 12 €
Luxembourg : 7 €
Martinique : 12 €
Netherlands : 15 €
Norway : 20 €
Portugal : 12 €
Reunion : 12 €
Sweden: 20 €
United-States: 25 €
 
 
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 Customer has to return the withdrawal form attached to its order confirmation email, or accessible on the Website or any other unambiguous declaration, expressing its will to withdraw, along with the Product(s). 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 (the invoice is available on the Website, under the section “My account”, the delivery receipt is in the parcel).
 
 
Warning: the articles that are returned incomplete, damaged or dirty by the Customer can not be taken back nor reimbursed.
 
 
The withdrawal form can be sent by the Customer: 
by email: customer.service@li-vy.com, or
by mail to the following address: Service Clients LIVY - 50 rue d’Aguesseau – 92100 Boulogne-Billancourt.
 
6.2 Return methods proposed :
 
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. The taxes for the return are offered by LIVY (except Switzerland)
 
Return by Mail :
 
The Customer can return the ordered articles, to LIVY, along with (i) the withdrawal form or any other unambiguous declaration, (ii) the invoice or delivery receipt, to the following address : 
 
Entrepôt LIVY (Service retour)
ZAC Paris Oise Bâtiment D
Avenue de Madrid
60126 Longueil Sainte Marie, France
 
  
6.3 Reimbursement : 
 
LIVY will reimburse the Customer of all the sums paid, namely the price of the Products and the potential delivery costs (to the exception of additional costs if the Customer chose a delivery method other than the least expensive standard delivery offered by LIVY), and that, within a maximum of 30 (thirty) days from the receipt of the Products (not worn or washed, in their original packaging and with the original tag, along with the invoice and the delivery receipt) subject of the Customer’s withdrawal.
 
The bank account of the Customer will be directly re-credited of the amount of the returned articles thanks to the secured payment partner ADYEN.
 
 
Article 7. Complaint – Dispute
 
For any question on an order, LIVY’s 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. 
 
 
After the resolution of a dispute and if it is necessary to proceed to a reimbursement, the latter is operated directly on the bank account thanks to the secure payment partner ADYEN.
 
 
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 from the company BA&SH. 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 to the company BA&SH 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 (cf LINK).
 
 
Article 9. Warranty
 
The Products offered are in conformity with the French laws. All the Products benefit from the legal regime of Article L211-4 and subsequent of the French Code de la Consommation, as well as the warranty against hidden defects of Article 1641 and subsequent of the French Code Civil. 
 
 
 
Through these warranties, LIVY undertakes, at the Customer’s choice, either to reimburse or exchange the defective Products or the Products that are not in conformity with its order, provided stocks are available.
 
Any request on the basis of these warranties must be sent by registered letter with receipt conformation to the registered address of LIVY.
 
The Products covered by the warranties must be returned new, complete and in their original state and packaging after confirmation of receipt of the complaint by LIVY’s Customer Service.
 
The Customer will be reimbursed of the mailing taxes for the return at the latest thirty days after the receipt of the Product by the seller. 
 
Article 10. Responsibility
 
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.