HOW TO RETURN MY ORDER?
We put our passion and our heart into our work so that when you receive your IBELIV, you will have only one desire: to keep it to accompany you in your most beautiful memories ....
However, you have a period of 14 days from the date of receipt of your shipment to return any products ordered on the website www.ibeliv.fr . You will be responsible for the return shipping costs.
Here is the procedure to follow to ensure that the return and refund is carried out in the best conditions:
- Write to us at firstname.lastname@example.org to inform us of the return request, putting in the subject line: "Return request: followed by the order number starting with #".
- Please ensure that the returned item is in perfect condition. Any product that has been damaged will not be refunded.
- Return the article with the order number and your name and surname to the following address
- Please choose a shipping method that includes a tracking number. Without a tracking number we will not accept any claims for lost packages
The refund will be made within a maximum of 5 days after receipt of your package.
ARTICLE 1. PARTIES
This refund policy is applicable between IBELIV BY LIV, SARL, share capital : 1000 €, registered at the RCS of Avignon in France on 01/10/2013, under the number 797639713, registered office : 10 Avenue de Fontcouverte, France, phone : +33785555071, email : email@example.com, VAT number : FR58797639713, hereafter " the Publisher " and any person, natural or legal, of private or public law, registered on the Site to buy a Product, hereafter " the Customer ".
ARTICLE 2. DEFINITIONS
" Customer ": any person, natural or legal, private or public, registered on the Site.
" Site Content" : elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
" The Editor ": IBELIV BY LIV, SARL in its capacity as editor of the Site.
" Internet user ": any person, natural or legal, private or public, connecting to the Site.
" Product ": goods of any kind sold on the Site by the Publisher to Customers.
" Site " means the website accessible at the URL www.ibeliv.fr, and any sub-sites, mirror sites, portals and URL variations thereof.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible to all Internet users. Browsing the Site implies acceptance by all Internet users of these general conditions. Simply connecting to the Site, by any means whatsoever, in particular by means of a robot or a browser, shall imply full and complete acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by ticking the corresponding box.
The Internet user acknowledges that he/she has fully understood and accepts them without restriction.
Checking the above-mentioned box shall be deemed to have the same value as a handwritten signature by the Internet user. The Internet User acknowledges the value of the Publisher's automatic recording systems as proof and, unless he/she can prove otherwise, he/she waives the right to contest them in the event of a dispute.
The present general conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these general terms and conditions assumes that Internet users have the legal capacity to do so, or failing that that they have the authorisation of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is to sell IBELIV Products to Customers.
ARTICLE 5. ORDERING STEPS
In order to place an order, Internet users may select one or more Products and add them to their basket. The availability of Products is indicated on the Site, in the description of each item. When their order is complete, they can access their basket by clicking on the button provided for this purpose.
5.2. Validation of the order by the Internet user
By consulting their basket, Internet users will be able to check the number and nature of the Products they have chosen and will be able to check their unit price as well as their overall price. They will be able to remove one or more Products from their basket.
If they are satisfied with their order, Internet users can validate it. They will then access a form on which they can either enter their connection identifiers if they already have them, register on the Site, or provide the personal information necessary to validate the order.
5.3. Payment by the Customer
Once they have logged in or completed the registration form, Customers will be invited to check or modify their delivery and billing details and will then be invited to make their payment by being redirected to the secure payment interface marked "order with payment obligation" or any similar formula.
5.4. Confirmation of the order by the Publisher
Once the payment has been received by the Publisher, the latter undertakes to acknowledge receipt of the payment to the Customer electronically, within a maximum of 24 hours. Within the same period of time, the Publisher undertakes to send the Customer an electronic mail summarising the order and confirming its processing, including all related information.
ARTICLE 6. PRICES - PAYMENT
The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by the Publisher. The prices displayed are only valid on the day of the order and are not effective for the future.
The prices indicated on the Site are understood to be in euros, all taxes included, excluding delivery costs.
6.2. Method of payment
Payments by credit card are made through secure transactions provided by Stripe. The Customer can also pay by Paypal or through the Alma platform in the case of multiple payments
In the case of payment by credit card, the Publisher has no access to any data relating to the Customer's means of payment. The payment is made directly to the bank.
The Publisher shall send or make available to the Customer an electronic invoice after each payment. The Customer expressly agrees to receive invoices electronically.
6.4. Default of payment
The agreed payment dates may not be delayed for any reason, including in the event of a dispute.
Any sum not paid on the due date shall automatically and without formal notice give rise to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the due date of the principal sums.
In addition, any delay in payment will result in the invoicing to the defaulting Client of collection costs in the amount of 40 euros, the immediate payment of all the remaining sums due, whatever the agreed deadlines, increased by an indemnity of 20% of the amount by way of penalty clause, as well as the possibility of unilaterally terminating the contract to the detriment of the Client. This clause falls within the scope of the provisions of Article 1152 of the Civil Code allowing the judge to reduce the compensation if the judge considers it to be excessive.
6.5. Reservation of ownership
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. COMPLAINTS - WITHDRAWAL - GUARANTEE
7.1. Customer service
The customer service of the Site is accessible from Monday to Friday from 08:30 to 16:30 at the following phone number : 0785555071, by e-mail at : firstname.lastname@example.org or by mail at the address indicated in article 1 of the present general conditions. In the latter two cases, the Publisher undertakes to provide a response within 4 working days.
7.2. Right of withdrawal - Distance selling
This article 7.2 is applicable to the Customer who is a consumer within the meaning of the first article of the Consumer Code.
- Conditions for exercising the right of withdrawal
In accordance with current legislation on distance selling, the Customer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception, where applicable, of the cost of return.
The period referred to in the previous paragraph shall run from either the day on which the distance contract is concluded for contracts relating to the provision of a service and/or the provision of digital content not provided on a physical medium, or from the receipt of the goods by the Customer or a third party, other than the carrier, designated by him, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.
In the case of an order for several goods delivered separately or in the case of an order for a good consisting of multiple lots or parts whose delivery is staggered over a defined period, the period shall run from the receipt of the last good or lot or part. For contracts providing for regular delivery of goods over a defined period of time, the period shall run from the receipt of the first good.
Where the fourteen-day period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.
The decision to withdraw must be notified to the Publisher at the address indicated in article 1 of these general conditions by means of an unambiguous statement. The Customer may, for example, use the standard form provided at the end of these terms and conditions. In any case, the Publisher will send the Customer an acknowledgement of receipt of the said withdrawal by e-mail as soon as possible.
- Effects of the right of withdrawal
The Customer shall return the goods to the trader or to any person designated by the trader without undue delay and at the latest within fourteen days of communicating his decision to withdraw.
Where the right of withdrawal is exercised, the trader shall reimburse the Customer for all sums paid, as soon as possible and at the latest within fourteen days of the date on which the right was exercised. Where applicable, the trader may defer the refund until the Products have been recovered or until the Customer has provided proof of dispatch of the Products, whichever is the earlier. Beyond this point, the sum due is, in full
In the event of a breach of the terms of the contract, the customer shall be entitled to interest at the legal rate in force, as specified in Article L. 242-4 of the French Consumer Code (Code de la consommation).
Where applicable, the trader shall make the refund using the same means of payment as the one used by the Customer for the original transaction, unless the Customer expressly agrees to the use of another means of payment and provided that the refund does not incur any costs for the Customer. However, the trader is not obliged to refund additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered.
The direct costs of returning the Product shall be borne by the Customer. The Customer shall only be liable for the depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.
The conditions, deadlines and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these general conditions.
- Exclusions from the right of withdrawal
The right of withdrawal does not apply, in particular, to contracts:
for the provision of services fully executed before the end of the withdrawal period and whose execution has begun after the Customer's prior express agreement and express waiver of his right of withdrawal;
the supply of goods made to the Customer's specifications or clearly personalised;
the supply of goods that are likely to deteriorate or expire rapidly;
the supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection;
the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
Similarly, the right of withdrawal does not apply to contracts that have been fully executed by both parties at the express request of the Customer before the latter exercises his right of withdrawal.
7.3. Termination of the contract on the Customer's initiative
The consumer Customer may terminate the contract by registered letter with acknowledgement of receipt if the delivery date of the goods is exceeded by more than seven days. The Customer will then be reimbursed for the sums incurred by him/her at the time of the order.
This clause is not intended to apply if the delay in delivery is due to force majeure. In such a case, the Customer undertakes not to take any legal action against the Publisher and waives the right to terminate the sale as provided for in this article.
- Guarantee for defects and apparent defects
It is the Customer's responsibility to check the good condition of the Products at the time of delivery. This verification must in particular concern the quality, quantities and references of the Products as well as their conformity to the order. No claim will be taken into account after a period of three days from the delivery. In any case, any complaint concerning the delivered packages will only be taken into account if the Customer, being a trader, has expressed reservations to the carrier in accordance with articles L. 133-3 and following of the French Commercial Code.
- Legal guarantees
Customers have a legal guarantee of delivery in conformity (article 1604 of the Civil Code), a legal guarantee against hidden defects (articles 1641 et seq. of the Civil Code) and a safety guarantee (articles 1245 et seq. of the Civil Code).
Customers who are consumers also have a legal guarantee of conformity (Articles L. 217-4 et seq. of the French Consumer Code).
- Conventional guarantee
In addition to the legal guarantee, the Products benefit from a conventional guarantee of conformity on French territory, for a period of 1 year from the delivery of the Product.
In order to implement the guarantee, it is up to the Customer to return the product to the address of the Publisher's head office, accompanied by an explanatory letter requesting either repair, exchange or refund.
In any case, the Customer is requested to follow precisely the instructions of the Publisher regarding the return of the Products.
The cost of returning the Product remains at the Customer's expense, except for consumer Customers exercising the guarantee of conformity under Articles L. 217-4 et seq. of the Consumer Code.
The consumer Customer has a period of 1 year from the delivery of the goods to take action against the seller. In this respect, he may choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code.
Finally, the Customer is exempted from proving the existence of a defect in the conformity of the Product during the 24 months following the delivery of the Product, except for second-hand goods.
Where applicable, the legal guarantee of conformity applies independently of the commercial guarantee.
When the consumer customer decides to invoke the guarantee for hidden defects, he can choose between the cancellation of the sale or a reduction of the sale price.
ARTICLE 8. FINAL PROVISIONS
8.1. Applicable law
The present general conditions are subject to the application of French law.
8.2. Changes to these general conditions
The present general conditions may be modified at any time by the Publisher. The general terms and conditions applicable to the Customer are those in force on the day of his order or his connection to the present Site, any new connection to the personal space implying acceptance of the new general terms and conditions, if applicable.
Pursuant to the order n°2015-1033 of 20 August 2015, any dispute with a consumer Client that may arise in the context of the execution of these general conditions and for which a solution could not be found beforehand in an amicable manner between the parties shall be submitted to Medicys: www.medicys.fr.
In addition, the consumer Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL: https: //ec.europa.eu/consumers/odr/main/?event=main.home2.show.
Any dispute arising out of or in connection with this contract shall be settled by arbitration in accordance with the rules of the Digital Institute of Arbitration and Mediation: www.fast-arbitre.com.
The nullity of one of the clauses of this contract shall not entail the nullity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the invalidated provision with a valid provision corresponding to the spirit and purpose of this agreement.
The Publisher's failure to exercise its rights hereunder shall in no way be construed as a waiver of such rights.
The Customer is informed that he/she has the possibility to register on the "Do not call" list at http://www.bloctel.gouv.fr/.
8.7. Unfair terms
The provisions of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.