These general conditions of sale aim to define the rights and obligations of LYOUM and of the Customer of products presented by LYOUM on its site www.lyoum.fr (hereinafter “the Site”)
These conditions apply exclusively between the company LYOUM, located at 1 rue de l’Abbesse Eremburge 91190 Gif sur Yvette, registered under number 791 105 810 00018 (hereinafter “LYOUM”) and any consumer who is a natural person visiting or making a purchase via the said Site (hereinafter “the Customer”).
On the Site, LYOUM allows the Customer to order online products of the brand LYOUM (hereinafter “the Product (s)”) in accordance with these general conditions.
Any order placed with LYOUM therefore entails the unconditional acceptance by the Customer of these conditions. These general conditions can be modified at any time and without notice by LYOUM, the applicable conditions being those in force on the date of the order by the Customer.
The applicable general conditions of sale remain permanently accessible on the website www.lyoum.fr/pages/cgv in a format which may be printed and/or downloaded by the Customer.
2. PRODUCTS AND COMPLIANCE
2.1. The Products proposed for sale are presented on the LYOUM website and accompanied by a description.
2.2. The Products proposed by LYOUM comply with the standards applicable in France.
Items such as photographs, texts, graphics as well as all the information and characteristics illustrating and / or accompanying the Products are contractual.
2.3. Our Product offers and prices are valid as long as they are visible on the Site, within the limits of available stocks.
LYOUM reserves the right to cancel or change the Products offered on the Site at any time.
In the event of the unavailability of a Product, after placing an order, the Customer is informed by e-mail, and the order is then automatically cancelled. LYOUM undertakes to reimburse the Customer as soon as possible and at the latest within 14 days following the cancellation of the order.
3. CUSTOMER’S OBLIGATIONS
3.1 The Customer declares to be at least 18 years old and to have the legal capacity or to hold parental authorization allowing him to place an order on the Site.
3.2 The Customer is responsible for providing correct and accurate information when placing the order. This information must enable LYOUM and the carrier to fulfil their obligations in the best possible conditions, this includes the Customer’s e-mail address, delivery address, full name and phone number.
The Customer is responsible for the consequences resulting from false or inaccurate information provided.
3.3 Once the order has been placed, LYOUM sends the Customer an e-mail confirming it.
3.4 The Customer can modify his personal data at will in the "My account" section.
4.1. Any order will only be validated after acceptance of payment.
4.2. LYOUM reserves the right to cancel or refuse any order in the event of a dispute with the Customer on a previous order.
4.3. LYOUM accepts orders while stocks last. LYOUM informs the Customer of the availability of the Products sold on the Site at the time of confirmation of the order.
If, despite the vigilance of LYOUM, the products are unavailable, LYOUM will inform the Customer by e-mail as soon as possible. The Customer may then cancel his/her order and be reimbursed, if applicable, the sums already paid.
5.1. The prices displayed on the Site are indicated in euros, all French taxes included (French VAT and other taxes that may apply), excluding shipping costs, participation in order processing costs and packaging costs.
The shipping costs, participation in the order processing costs and packaging costs will be indicated in the Customer's basket, before the final validation of the order.
The prices can be modified at any time, without notice and in particular in the event of change of fiscal or economic data. The items will be invoiced on the basis of the rates in effect at the time the order is placed.
6.1. The products will be delivered to the shipping address indicated on your order confirmation. Delivery to a PO Box and to hotels is not permitted for security reasons.
The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times. In order for these deadlines to be respected, the Customer must ensure that he/she has communicated exact and complete information concerning the delivery address (such as, in particular: street, building, staircase number, access codes names and / or intercom numbers, etc.).
In the event of a shipment delay of more than 7 working days after validation of the order, the Customer may request the cancellation of the sale. LYOUM will then reimburse the full amount paid in connection with the sale.
LYOUM undertakes to keep its customers informed about the status of their orders.
In the event of damaged packages (already open, missing products, etc.), the Customer agrees to notify the carrier and LYOUM, by all means within 3 days of receipt of the damaged package.
Full payment must be made when ordering. At no time can the sums paid be considered as a deposit or down payment. In France, the Customer pays for his/her order by credit card (Visa, Eurocard / Mastercard) or via Paypal in accordance with the provisions of this article.
For orders placed from a country other than Metropolitan France, the Customer should pay for his/her order only via Paypal.
For any transaction, the Customer will indicate the number appearing on the front of his/her card, the expiration date of his/her card and the cryptogram appearing on the back of his card (last three digits).
Communication by the Customer of his bank card number constitutes authorization for LYOUM to debit his account up to the amount of his order.
No cash on delivery will be accepted, whatever the reason.
LYOUM retains ownership of the Product until full payment of the price by the Customer Purchases are made in a secure manner. The payment solutions adopted by LYOUM are 100% secure.
For payments by bank card (credit card, visa credit card and e-credit card), all the information that Customers communicate to LYOUM are strictly protected and guarantee the compliance and security of each transaction.
8. RETURNS OF PRODUCT AND RIGHT OF WITHDRAWAL
In the case of sales contracts and pursuant to article L.221-18 (right of withdrawal) of the Consumer Code, the Customer has the right to withdraw for 14 days without giving reasons.
The withdrawal period should expire after 14 days from the day on which the Customer or a third party other than the carrier and indicated by the Customer, acquires physical possession of the goods.
When the fourteen-day period expires on a Saturday, Sunday or a public holiday or non-working, it is extended until the next working day.
In order to exercise his/her right of withdrawal, the Customer must inform LYOUM by means of a clear declaration (e.g. an e-mail or a letter sent by post) about his/her decision to withdraw from this contract. He/she can use the model of withdrawal form, available here.
The Customer may also electronically fill in and transmit the cancellation form on our website. If he/she uses this option, we will immediately send him/her, via e-mail, an acknowledgement of the receipt of such a cancellation.
In order for the withdrawal period to be respected, it is sufficient that the Customer transmits his/her communication relating to the exercise of the right of withdrawal before the expiry of the period of withdrawal.
If the Customer cancels this contract, LYOUM shall reimburse all payments it has received from him/her, including delivery costs (with the exception of any additional costs arising from the Customer choice of a delivery method other than the cheapest standard delivery method) without delay and no later than 14 days from the date on which LYOUM receives notification of the Customer wish to cancel this contract.
If the Customer chooses to keep some goods of the initial order, LYOUM will not reimburse the delivery costs initially paid.
Unless the Customer and LYOUM have expressly and jointly agreed otherwise, LYOUM will issue any such reimbursement using the same method of payment the Customer used for the original transaction; in any event, the Customer will not incur any fees as a result of such reimbursement.
LYOUM shall be entitled to withhold the refund until it has received the returned goods or until the Customer has provided evidence that the goods have been returned, whichever is the earlier.
The Customer must send back the goods to LYOUM - c/o Marguerite, CAP18 - 189 rue d'Aubervilliers, Voie A Porte 10, 75018 Paris, France, immediately and, in any case, no later than within 14 days from the day on which he/she informs LYOUM of the cancellation of this contract
The deadline shall be deemed to be met if the Customer dispatches the goods prior to the expiry of the 14-day cancellation period.
LYOUM will bear the cost of returning the goods if, and only if, all of the products ordered are returned. If the Customer keeps at least one of the goods ordered, the shipping costs will be borne by the Customer.
The Customer shall only be liable for the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.
9. GUARANTEES AND LIABILITY
LYOUM has only an obligation of means, for all stages of access to the Site, from the ordering process to the shipment of the package or subsequent services.
LYOUM cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a breakdown in service, an external intrusion or the presence of computer viruses, or any fact qualified as force majeure, in accordance with to law and jurisprudence.
10. INTELLECTUAL PROPERTY
Under no circumstances is the Customer authorized to download or modify all or part of the Site and in particular its content (listed products, descriptions, images, videos, etc.).
This Site or any part of this Site must under no circumstances be reproduced, copied, sold or exploited for commercial reasons without the express written permission of LYOUM.
In general, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site will remain the full and entire property of LYOUM.
The Customer is therefore bound to respect intellectual property rights and may in no way use the brands appearing on the Site and on the Products, if applicable, or register a trademark which would be detrimental to the holder of the rights, unless otherwise provided by contract.
The same is true for any other intellectual property right.
11. GUARANTEES AND RESPONSABILITIES
LYOUM undertakes to use the confidential information of its customers only within the framework of the operation of its website.
For the smooth running of the order, the personal data collected will be subject to computer processing, the Customer acknowledges having knowledge of it.
In this respect, Customer’s information may be communicated to logistics partner of LYOUM.
In addition, LYOUM may apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the site, for example by tracking the number of visitors to certain pages.
In accordance with the law of January 6, 1978 amended by the law of August 6, 2004, the Customer has the right to access and rectify personal data concerning him/her appearing in LYOUM files.
All requests must be sent by e-mail to: firstname.lastname@example.org or to the following address: LYOUM, 1 rue de l’Abbesse Eremburge, 91190 Gif sur Yvette, FRANCE.
The processing of personal data on the website is subject to a declaration with the National Commission for Data Protection and Liberties (CNIL-France), declaration number 1517134 dated April, 9th 2013.
12. FORCE MAJEURE
In the event of an event of force majeure, the party concerned must inform the other within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgment of receipt.
Expressly, are considered as force majeure or fortuitous event, in addition to those usually retained or other industrial actions or disputes. commercial, civil disturbance, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal modifications or regulatory forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal performance of the contractual relationship.
All the obligations of the parties will be suspended for the duration of the force majeure event, without compensation.
If the force majeure event continues for more than three (3) months, the contract concerned may be terminated automatically without compensation for either party.
13. MEDIATION, APPLICABLE LAW & GENERAL PROVISIONS
13.1. Partial invalidity of a clause
If any of the stipulations of these conditions is declared null or not enforceable by a competent court, it will be declared unwritten and will not result in the nullity of the other stipulations.
These general conditions can be modified at any time and without notice by LYOUM, the applicable conditions being those in force on the date of the order by the Customer.
13.3. Applicable law – Competent court
These general conditions are subject to French law with regard to both substantive and formal rules. Any dispute must be the subject of a prior attempt at amicable settlement.
In the absence of amicable settlement, jurisdiction is assigned to the competent French courts, notwithstanding multiple defendants or warranty claims.
13.4. Reproduction of applicable texts (order 2005-136 du 17 february 2005, Consumer Code, Civel Code)
Art. L. 211-4. of the Consumer Code
The seller is required to deliver Products in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Art. L. 211-5. Of the Consumer Code
To be in conformity with the contract, the Product must:
1° Be suitable for the use usually expected of a similar Product and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the Customer in the form of a sample or model;
- present the qualities that a Customer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labelling.
2° or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller and which the latter has accepted.
Art. L. 211-12. Of the Consumer Code
The action resulting from the lack of conformity lapses two years after delivery of the Products.
Art. 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the Product sold which make it unfit for the use for which it is intended, or which reduce this use so much that the Customer has not acquired it, or would have given a lower price, if he had known them.
Art. 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
Phone : +33 6 87 01 13 80
Email : email@example.com