MY LOVELY THING
TERMS AND CONDITIONS OF SALE
Item : Products of any kind offered for sale on the Site and under the Trademark.
Customer: a non-business individual placing the Order and holding full legal capacity.
Order : commitment to purchase all the Items selected by the Customer via the ecommerce service of the Site.
Trademark : French Trademark My Lovely Thing No. 4 215 683, filed and duly registered at the French National Institute of Industrial Property (INPI) on January 29th, 2016.
MY LOVELY THING : trade name of the Limited Liability Sole Proprietorship (EIRL) named Pertriaux Jeudi, registered on February 7th, 2017 under the number 510 653 173 00037 with head-office at 20 Boulevard Arthur Verdier, La Rochelle (17000), France.
Site : website produced by MY LOVELY THING and accessible at the address www.mylovelything.com.
These general terms of sale (hereinafter « TOS ») exclusively apply between the Customer and MY LOVELY THING and are applicable without restriction or reserve to all the Items offered for sale on the Site.
Any Order on the Site is conditional upon the prior consultation and acceptance, without reserve, of these TOS and applicable tariffs by the Customer. The validation of an Order following the order procedure offered on the Site requires acceptance of these TOS.
These TOS shall take precedence over any other document. However, MY LOVELY THING can discretionary chose to vary certain terms and conditions of these TOS by setting up specific terms and conditions of sale.
The sale of Items on the Site is exclusively reserved to retail sales and sales to private individuals. In no case may the Site be used by professional retail Customers, alone or together, and regardless of the method of marketing their products (on the internet, in shopping malls, intermediaries, and including physical stores). The Customer acknowledges and agrees therefore that the items can only be purchased in quantities reflecting average consumer needs (in terms of the number of items ordered and the number of Orders) respecting the usual amount an average consumer places for the same product. MY LOVELY THING reserves the right to refuse to fulfill an order clearly validated by a professional retail Customer.
The professional retail Customer shall refer to the TOS applicable to professionals and available on the professional part of the Site.
As the TOS are the subject of modifications, the applicable conditions are those in effect on the Site on the day the order is placed.
4. ORDER OF ITEMS
4.1. CREATION OF A CUSTOMER ACCOUNT
Placing an Order via the Site requires the prior creation of a customer account. This account is strictly personal and enables an individual to log in before placing an Order.
This creation is free and at no charge, and can be made through the "Sign in" section. Creation of a customer account is completed by the Customer by filling out the form requesting identification information. This entry is made under his/her full responsibility, control and direction. The Customer is committed to providing complete, accurate and timely information, and not to assume the identity of a third party, nor hide or change his/her age. The Customer chooses his/her username and password, which are personal and confidential, and the Customer is solely responsible for them. The Customer undertakes to keep his/her password secret and to not disclose it under any context and for any reason whatsoever. If it is suspected that a username and password has been used by a third party, the Customer must alert MY LOVELY THING to change his/her password and/or choose to close his/her account.
MY LOVELY THING reserves the possibility to close any customer account and refuse any sale to a Customer in the following cases:
- lack of payment for one or several past Orders,
- abuse, unfair or fraudulent use of the Order service provided on the Site or failure to respect any of the Customer's obligations set out in the TOS.
In this case, MY LOVELY THING will send an email to the Customer concerned, via the address communicated by the latter during the creation of his/her customer account, informing the deactivation of his/her username and password and the closing of the account.
4.2. ITEM AVAILABILITY
The Items available for sale are those appearing on the Site. The offers and prices are valid as long as they are visible on the Site and within the limit of available product stock.
MY LOVELY THING reserves the right to remove from sale, at any time, any Item present on the Site and/or replace or modify any information associated with the Items appearing on this Site.
The Items for sale on the Site are available for worldwide deliveries.
4.3. ITEM CHARACTERISTICS
The characteristics of Items sold on the Site (photographs, graphics, descriptions of items, etc.) are purely indicative and may vary over time. They are not contractual.
Only the image of the Item shown at the time of the Order may be taken into consideration by the Customer.
4.4. ORDERING ITEMS
Placing an Order requires the registration of the Customer or the logging in of the Customer into the Customer Account. He/She declares being at least 18 years old and having full legal capacity or if he/she is a minor, guarantees having parental permission to place his/her Order.
To place an Order, the Customer must follow the online purchase process:
- Selection of Items and Add to Cart
- Proceed to checkout
- Registration to the customer account
- Chose the shipping option
- Chose the payment option and acceptance of these TOS
- Payment validation
The payment of the Order imply acceptance of these TOS, the price of the Items and the content of the Order.
After validation of payment, MY LOVELY THING accepts or refuses the Order. In case of acceptance, MY LOVELY THING sends an order confirmation email to the Customer, informing him/her of the shipping of the Item(s).
MY LOVELY THING cannot in any case be held responsible in the event of an input error or transmission of an input error not allowing the issuance of the confirmation email and/or Items.
For any question regarding the tracking of the Order, the Customer must contact customer service via the “Contact us” page of the Site.
4.5. PRICES OF ITEMS
The prices are indicated on the Site in Euros (€), all taxes included, notably the VAT applicable at the Order date. Any new taxes or contributions, notably environmental, may be added to the retail price of the Items. The prices of the products do not include delivery costs (transport, packaging and handling of packages according to the amounts in effect). The shipping costs are specified on the Site before validation of the Order.
MY LOVELY THING reserves the right to modify the prices of Items at any time, the Items being invoiced based on the rates in effect at the time of the validation of each Order.
THE ITEMS REMAIN THE FULL PROPERTY OF MY LOVELY THING UNTIL COMPLETE PAYMENT OF THE PRICE, WHICH THE CUSTOMER RECOGNISES AND ACCEPTS.
4.6. PAYMENT OF THE ORDER
The price invoiced to the Customer is the price indicated in the Order confirmation sent to the Customer by email.
The Order is payable immediately, by bank card (CB, Visa, MasterCard, American Express), payment account (Paypal), bank transfer or bank check. In this case, the check shall be issued by a French bank to the order of MY LOVELY THING (20 boulevard Arthur Verdier, 17000 LA ROCHELLE, France). The order Items will be kept upon seven (7) days from the Order date. If the Check is not received after this deadline, MY LOVELY THING is free to cancel the Order of the Customer. In this case, the check will then be send back to him/her.
The transactions carried out on the Site are entrusted to the Crédit Agricole secure online payment platform and to Paypal.
5. DELIVERY OF ITEMS
5.1. DELIVERY CONDITIONS
Items are delivered worlwide.
The Customer will receive an order number by e-mail, confirming that his Order has been received and accepted. He/She will be informed by email about the various stages of his Order: when the items are dispatched, etc.
The ordered Items will be delivered within a period not exceeding thirty (30) calendar days from the date on which the Order was received, provided that the whole price has been paid.
The Customer can make a selection from several delivery modes.
The Customer is informed that it is his duty to provide the accurate information required for proper dispatch of his Order and its delivery (access code, access specifications, for example).
If the Customer is absent when delivery is made, a delivery notification how is parcel is to be stored and made available to him, at the complete and sole responsibility of the carrier.
If the delivery address furnished by the Customer is invalid, thus resulting in a return of the parcel due to non-receipt at the indicated address, the cost of resending the parcel will be paid by MY LOVELY THING.
A delivery note is included in the parcel, providing a summary of the items ordered and effectively delivered.
The Customer assumes all the risks related to the items from the date of their delivery.
5.2. LEAD TIMES
The items are delivered to the delivery address indicated by the Customer in the Order at the latest on the date indicated during the Order and according to the country of delivery.
MY LOVELY THING uses its reasonable endeavors to deliver the Items upon 3 to 5 days following the Order, and undertakes to a maximum period of thirty (30) calendar days.
In the event that delivery should take more than seven (7) working days in excess of the maximum delivery period mentioned above, the Customer may contact MY LOVELY THING by e-mail to have delivery made within a reasonable additional period. In the event of non-adherence to this new period, the Customer may ask MY LOVELY THING by e-mail to cancel his Order. The contract and thus the sale will be deemed to have been terminated when MY LOVELY THING receives an e-mail or letter in which the Customer informs MY LOVELY THING of his decision, provided that delivery did not take place between the time of sending and receipt of the Customer's e-mail or letter. If the Order should be definitely cancelled, the Customer will be reimbursed for the price paid for his Order within a period of fourteen (14) calendar days following confirmation of the cancellation by e-mail.
In the event that the Customer should receive the parcel after cancelling his Order, MY LOVELY THING will reimburse the items and return costs on receipt of all the items in their undamaged original state.
Each delivery shall be deemed to have been made once the parcel has been made available to the Customer by the carrier, notably as indicated in the control system used by the carrier.
If the parcel is damaged or if the Item does not correspond to the Customer's Order, the Customer is granted a period of thirty (30) calendar days from the dispatch date to initiate the return proceedings as described in Section 5.3. below.
MY LOVELY THING cannot be held responsible for any delay in delivery due entirely to the unavailability of the Customer following several attempts by the carrier to arrange for delivery.
In the event that an Item that does not correspond to the Customer's Order is delivered, or that it should be damaged in transit, the Customer may return the said Item to MY LOVELY THING, following the procedure set out below.
This reimbursement procedure is to be followed for any exchange in an effort to save the Customer any delays and exchange procedures that could constitute a major inconvenience for the Customer.
Once the returned Items have been verified, MY LOVELY THING undertakes to reimburse the Customer as soon as possible and at the latest within thirty (30) calendar days following the date of receipt of the return parcel, making payment into the bank or payment account of the Customer used to pay for the Items, or a check at the Customer order.
The return procedure of the damaged or not-corresponding Items is as follows:
- The item must be returned in its full original packaging (accessories, packaging materials…) and in a perfect state, by Colissimo. Damaged, dirty or incomplete Items will be refused.
- Shipping fees are reimbursed by MY LOVELY THING only if the Order is returned in full and perfect state with fourteen (14) days.
- The Customer cann ask MY LOVELY THING for an alternative solution: the delivery of a new Item to replace the damaged one. MY LOVELY THING is free to accept or refuse this demand.
6. RIGHT OF WITHDRAWAL
In terms of the EU Directive 2011/83/EU issued by the European Parliament and Council on 25 October 2011 regarding the rights of consumers within the framework of distance sale contracts, as implemented in the Customer's country of residence, the Customer has the right to cancel his order at any time within a period of fourteen (14) calendar days following the date on which he received the goods.
Once the returned Items have been verified, MY LOVELY THING undertakes to reimburse the Customer for the entire amount paid for his Order as soon as possible and at the latest within thirty (30) calendar days following the date of receipt of the return parcel, making payment into the bank or payment account of the Customer used to pay for the Items or a check at the Customer order.
7. SERVICE CLIENT
For any information or question, to follow orders, to exercise the right to cancel and return an order or to obtain warranty service, the Customer must contact our customer service by email via the contact form located on the contact page.
MY LOVELY THING reserves the right to modify the information contained in this Site at any time and without notice.
MY LOVELY THING undertakes to describe with great accuracy the Items sold on the Site and to ensure under the best possible conditions the updating of the information that is disseminated. However, MY LOVELY THING cannot guarantee the accuracy, precision or comprehensiveness of the information made available to Customers on the Site. In case of no substantial differences between the presentation photographs of Items on the Site, texts and illustrations and the items ordered, the responsibility of MY LOVELY THING will not be committed.
The responsibility of MY LOVELY THING cannot be retained in the event that one of its contractual obligations is not fulfilled resulting from a fortuitous circumstance or force as defined by case law rendered by French courts. Notably, MY LOVELY THING shall not be held responsible for any non-performance or delay in the execution of Orders, caused by events outside its control. The execution of the TOS shall be suspended for as long as the case of force continues and the execution and delivery lead times shall be extended accordingly. MY LOVELY THING will endeavor as far as possible to end the case of force or to find a solution allowing it to fulfil its contractual obligations despite it.
MY LOVELY THING is solely responsible for any damage that is direct and foreseeable at the time of use of the Site or the conclusion of the sales contract with the Customer, to the exclusion of all indirect damages.
9. INTELLECTUAL PROPERTY
MY LOVELY THING is the exclusive holder of the intellectual property rights over the Items sold on the Site, the trademarks associated with the Items and the Trademark MY LOVELY THING, over the whole Site, and notably on its layout, organization and titling of categories, the visual and graphic identity, its design, its ergonomics, its features, text, animated or fixed images, drawings, graphics and any other element making up the Site, over the databases, their structure and their content, designed and managed by MY LOVELY THING for the editing needs of the Site, over all the design elements of the Site whether graphic or technical,
It is therefore forbidden to reproduce in any form whatsoever, directly or indirectly, the items listed in the preceding paragraph, as well as alter the drawings, trademarks, names, acronyms, logos, colours, graphics or other signs appearing on the elements provided within the Site, and more generally to use or exploit these elements other than in connection with the execution hereof.
As such, the reproduction or use of all or part of these elements is only authorized for the purposes of information for personal and private use, any reproduction and any use of copies made for other purposes is expressly prohibited. Any other use, without the prior and written permission of MY LOVELY THING constitutes infringement and shall be punished according to intellectual property regulations.
MY LOVELY THING grants a license that is limited to the access and use of the Site for personal and non-professional or commercial use of the Site to the Customer. In no case is the Customer authorized to download or modify all or part of this Site without the written and express permission of MY LOVELY THING. The Customer cannot use techniques allowing a trademark, logo or any other information (notably images, text, models) of which MY LOVELY THING is the owner to be copied without its express and written consent.
11. PROTECTION OF PERSONAL DATA
Some Customer’s personal information are collected on the Site, with his/her consent, and are intended for MY LOVELY THING, who undertakes to protect them and treat them with the strictest confidentiality, in accordance with the provisions of Act 78-17 of 6 January 1978 relating to data privacy and the European General Data Protection Regulation of April 27th, 2016.
The personal information and data of Customers is required to manage the Orders and relationships with Customers. These data are not transferred to anyone, and are only collected and stored for the abovementioned purpose.
The Customer has a right to access, change, oppose and suppress personal information concerning him/her, by sending an email or letter to MY LOVELY THING Customer Services.
12. APPLICABLE LAW
These TOS are subject to French law. Any dispute will fall under the exclusive competence of the French courts within the jurisdiction of the Customer's domicile, if no amicable agreement is reached between the Customer and MY LOVELY THING.