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Terms and conditions
The T & C apply exclusively to the online sale of LYOUM products on its only retail website www.lyoum.fr. They have been drawn up in French and in the event of any doubts concerning their interpretation, only the French language version shall apply.
The T & C apply exclusively to online sales contracts for LYOUM (hereafter ‘the retailer’, located 1 rue de l'Abbesse Eremburge, 91190 Gif-sur-Yvette, France) products with purchasers with consumer status (hereafter ‘consumers’). With the confirmation e-mail, these are the only contractual documents. They may not affect the consumer’s right of withdrawal under any circumstances.
The T & C are available to consumers at www.lyoum.fr, at the following address: http://lyoum.fr/index.php?id_cms=15&controller=cms
By ticking the relevant box before placing their order, the consumer unreservedly accepts all the T & C.
By confirming their order, the consumer agrees to the T & C in force on the day that the order is placed. The retailer is responsible for conserving and reproducing the T & C.
The retailer reserves the right to modify the T & C at any time, in whole or in part, without prior warning and without any obligation to compensate the consumer.
In the event of any modification to the T & C, the applicable T & C are those in force on the day that the order is placed by the consumer.
A copy may be provided by the retailer on request.
If one of the T & C clauses is rendered void, this does not render the entire T & C void, only the clause deemed unwritten shall cease to be in force.
Temporary or permanent inapplicability of one or more clauses in the T & C by the retailer shall not warrant retailer renunciation of the other clauses in the T & C, which continue to serve the retailer’s interest
2.1 All products for sale on the site include a description that mentions their main features.
2.2 All products are in compliance with the French Consumer Code.
Photos of products, text and description or illustrations are non-contractual. The actual product may differ, in particular, but not exhaustively, in terms of the actual colour of the product, its material, finishings (fasteners, buttons, stitching etc.). Consumers may not request refunds or exchanges as a result of a slight modification to a product.
Consumers who place orders in the absence of any information about a product shall be considered as having accepted it in the condition in which it is delivered.
3. CONSUMER OBLIGATIONS
3.1 The consumer declares that he/she is at least 18 years of age and has the légal right to make a purchase on the site or the internet user has parental permission to make such a purchase.
3.2 The consumer is responsible for providing correct and accurate information when placing the order.
This information must enable the retailer and carrier to fulfill their obligations in the best possible conditions.
This includes the consumer’s e-mail address, full delivery address, full name and phone number.
The retailer shall not be held responsible for erroneous, missing or incomplete information provided by the consumer, notwithstanding the legal protection offered to the consumer in terms of hidden defects or commercial guarantees.
3.3 The consumer will recieve a confirmation e-mail as soon as the order is passed.
3.4 The consumer has the possibility to change their personal information in the « My account » section.
4.1 An order is confirmed only when payment is accepted.
4.2 LYOUM reserves the right to refuse any order from a consumer involved in litigation (ongoing or resolved).
4.3 LYOUM accepts any order depending on the availability of the products in question. LYOUM informs the consumer about the availability of the products on site when confirming the order.
If one or more products in an order is unavailable, the retailer shall inform the consumer within a reasonable period of time and suggest a product of an equivalent quality and price. The consumer may select a refund or voucher to be used on the site
5.1 In compliance with the French Consumer Code, retail prices are stated for all products on sale at www.lyoum.fr in Euros, including sales tax, not including delivery, transport and/or preparation costs.
If applicable, these additional costs are stated before confirming the order and are invoiced separately.
The total amount due by the consumer is indicated on the order confirmation page.
The retailer reserves the right to modify its prices, either upwards or downwards, at any time, without warning.
If the price of a product is modified after an order has been placed by the consumer, the retail price is the price in force on the day the order is placed by the consumer.
LYOUM shall hand the products over to its carrier with the delivery order, to the address indicated by the consumer on the order form. Deliveries can not be carried to hotels or post office boxes.
The indicated periods are average periods, and correspond to the periods of preparation, treatment and expedition of orders. To ensure that periods are respected, the consumer must communicate complete information regarding the delivery address (such as number street, building, stairs, access codes names and / or numbers intercom, etc.).
If a delivery is delayed for more than seven (7) working days from the initial scheduled date, and the product has not been sent yet, the consumer can cancel their order by sending a registered letter with receipt acknowledgement. If shipment of the product has already been made before cancellation of the order for shipment delay of more than seven (7) days, LYOUM will refund the article and the shipment and return costs. To do so LYOUM shall get the product back, complete, like new with tags still on and in original box.
LYOUM is committed to inform the consumer of the evolution of the treatment of the order.
In the event of damage to or partial loss of the product, the consumer must state their reservations within three days (3) following this receipt.
LYOUM cannot be held liable in the event of non-execution or improper execution of the contract and delivery caused by an uncontrollable and unforeseeable third-party event.
Payment is required in full after confirmation of the order. At no time, the paid sums cannot be considered as deposit or advances.
In mainland France, payment is made either by banker’s card (Visa, Mastercad/Eurocard) or Paypal. For all orders made from outside mainland France, payments are only possible by Paypal.
Once the selection has been confirmed, the consumer clicks on ‘Confirm order’ and provides with their banker’s card number. This confirms full and unreserved acceptance of the T & C, constitutes the contract and confirms payment of the order (account is debited for the amount of the order).
No shipping against refunding will be accepted, whatever the reason.
The product belongs to LYOUM until the total payment by the consumer is done. Operations are made with secure payment solutions. LYOUM provides a 100% secured payment solutions. All transactions made by banker’s card ensure complete transaction security and optimum protection of bank details.
8. PRODUCT EXCHANGE AND RETURNS & WITHDRAWAL
Following receipt of the products, the consumer is entitled to a legal withdrawal period of thirty (30) days, to ask LYOUM for a return or an exchange of product, without having to pay any penalty or provide any justification for the withdrawal.
Any return postage cost shall be covered by the consumer, unless LYOUM had sent a damaged product or a different product than the one that was ordered.
To exercise this right, the consumer must e-mail the consumer department.
This e-mail must include the order number, customer’s full name and any other practical information.
Following this request, the consumer will be allocated a return number. This return number is mandatory, any package received without a return number cannot be accepted by our warehouses.
The consumer returns products to the retailer with this return number, at the following address:
LYOUM – A rue de l’Abbesse Eremburge, 91190 Gif sur Yvette, France.
If the product has not been returned seven (7) days from the day the postage-paid label was received, this will be taken to mean that the return is cancelled, and the Client must keep the product.
The consumer is refunded within 14 days of the date of product receipt, provided that the products arrive on the retailer’s premises in their original packaging, with no parts missing, in perfect condition, labelled, unworn, unwashed, together with the original invoice and return form. Any return not complying with these criteria shall not be accepted and the product shall be returned to the consumer.
All risks incurred by returning the product shall be borne by the consumer. The consumer is responsible for taking all the necessary measures to ensure the product’s safe return (packaging, protection). In the event of a return without signature, not received by the retailer, the consumer is responsible for providing proof of receipt of the product.
This proof of receipt is required for any refund. No refund will be issued if the returned product does not reach the retailer’s premises.
For this reason, we strongly recommend that all consumers returning a product request registered, signed-for delivery with declared value of the product and insurance. Proof of delivery is then constituted by an official stamp on the registered delivery form or by the Returns manager’s signature.
9. GUARANTEES AND RESPONSABILITY
LYOUM cannot be held liable in the event of non-execution or improper execution of the contract caused by the buyer, an uncontrollable and unforeseeable third-party event, or an act of God.
In addition, the retailer is covered by a best efforts clause, its obligations are deemed complete once the package containing the consumer’s order has been handed over to the carrier. The retailer can therefore not be held liable for non-delivery of the product.
10. INTELLECTUAL PROPERTY
The elements reproduced on this site, which are the exclusive property of LYOUM, are protected by copyright, brand and patent rights. All rights to text and images on the retailer’s online site are protected around the world by copyright and intellectual property rights; their reproduction, even in part, is strictly prohibited. This includes these general conditions of sale
Legal proceedings shall be taken against any reproduction or distribution of these elements, without prior written authorization from LYOUM.
11. PERSONAL DATA
The collection of personal data, its use for processing orders and compiling customer databases and its distribution to third parties responsible for order execution and payment, is subject to the permission of the person concerned.
Personal data is processed and conserved by the editor for the sole purpose of order administration and commercial relations, and is subject to a declaration to the ‘Commission Nationale Informatique et Libertés’ [CNIL- National IT and Freedoms Commission].
The consumer has the right to access, modify, correct and delete their personal data at any time.
Personal data supplied by customers are not made available to third parties. Personal data are included in the LYOUM customer database, unless the customer expressly opposes this inclusion.
In compliance with French law 78-17 of 6 January 1978, the consumer has the right to access and rectify their personal data at any time. To exercise this right, the customer must contact the company’s customer service department by e-mail, phone or letter at the following address: LYOUM, 1 rue de l’Abbesse Eremburge, 91190 Gif sur Yvette, FRANCE.
12. FORCE MAJEURE
The party that is appealing for a suspension due to force majeur shall notify the counterparty in writing without delay (letter with acknowledgement of receipt).
Explicitly, are considered as force majeure or fortuitous events, in addition to those usually retained by the decisions of French courts and tribunals: blocking means of transport, earthquakes, wars, fires, storms, floods, lightning, stop of telecommunication networks or difficulties specific to telecommunication networks external to customers.
All parties obligations shall be suspended in the event of problems due to force majeure, without cost.
If a case of force majeure continues for more than three (3) months, the contract can be canceled with no legal formalities, without any right of indemnification for both parties.
13. GENERAL PROVISIONS
13.1 Partial non validity of a clause
If any one of the clauses of the T & C should prove to be null with respect to a current law or a legal decision having become definitive, it shall therefore be deemed as not written but nevertheless shall not lead to the nullity of the contract or alter the validity of its other provisions.
The present general conditions can be modified constantly and without notice by LYOUM, the applicable conditions will be the ones in effect at the date of the order by the consumer.
These T&C are permanently available at the following address : http://lyoum.fr/index.php?id_cms=15&controller=cms , in electronic format that allow them to be printed and/or downloaded, so that you can reproduce them or save them.
13.3 Applicable law
These general terms and conditions of use are governed by French law, both in terms of basrules and for the rules governing their form.
Any litigation or claim concerning the interpretation and the execution of the present General Terms of Sale will be subject to negotiations in order to reach an amicable settlement.
In case of a dispute, and after attempts have been made to seek an out-of-court settlement, express jurisdictional authority is assigned to the French Court, notwithstanding a plurality of respondents or a guaranteed appeal.
Reproduction of articles, the display of which is mandatory:
Article L211-4 of the French Consumer Code
The retailer shall deliver a product that complies with the contract and is responsible for compliance faults that exist on delivery.
The retailer is also responsible for compliance faults resulting from the packaging, assembly instructions or installation when this is part of the contract or when completed under its responsibility.
Article L211-5 of the French Consumer Code
To be contractually compliant, the product must:
1° Be fit for the purpose usually expected from this type of product and, where applicable:
- match the description provided by the retailer and possess all the qualities that the retailer has presented to the purchaser in the form of a sample or model;
- feature the qualities a purchaser may legitimately expect in view of the public declarations made by the retailer, the producer or its representative, particularly in publicity or labelling;
2° Or offer features defined jointly by the parties or be fit for any special purchaser purpose, presented to the retailer and accepted by the latter.
Article L211-12 of the French Consumer Code
Actions resulting from non-compliance lapse after two years from the date of delivery of the product.
Article 1641 of French Civil Code
The retailer is bound by the guarantee in terms of hidden defects in the object sold, rendering it unfit for its intended purpose, or restricting this purpose to such an extent that the purchaser would not have purchased it or would have paid less for it, had these defects been known.
Article 1648 of French Civil Code
The action resulting from material defects must be taken by the purchaser within a period of two years from the date the defect was discovered.
You can contact LYOUM on the phone at the following number (+33) 6 62 32 02 31, or by email at firstname.lastname@example.org .