Terms of Service

1. PREAMBLE

1.1 SCOPE OF APPLICATION

These General Terms and Conditions of Sale (hereinafter referred to as "CGV"), along with the "Privacy Policy" and "Legal Notices" sections, apply to the online shopping website The Showp, offering the sale of La Libellule brand bath articles.

Any order on The Showp, with the corresponding checkbox validation, constitutes the full and complete acceptance of these CGV by the customer making a purchase (hereinafter the "Customer"). These CGV may be modified at any time, and the applicable conditions are those accepted by the Customer when placing an order, accessible from the order confirmation email.

1.2 THE CUSTOMER

La Libellule offers products for sale on The Showp website to professional customers aged over 18 with full legal capacity.

1.3 CUSTOMER SERVICE OF LA LIBELLULE ONLINE STORE

For any questions regarding an order, La Libellule provides its team, which can be contacted via the email address [email protected].

1.4 LANGUAGES

The La Libellule online store is available in French and English.

1.5 PRODUCTS

Products offered for sale on The Showp are described and presented with the utmost precision (specifications, illustrations, size, composition, etc.).

However, the Customer is encouraged to refer to the description of each product available on the "Product Sheet" on our website www.lalibellule.com, "Choose Options" to learn about the properties and characteristics, particularly regarding the sought-after features. The choice and purchase of a product are under the sole responsibility of the Customer.

1.6 PRICES

The prices applied are those displayed on the showp website at the time of the order.

During order entry on the site, the Customer must choose the delivery method and location.

The amount of delivery fees is calculated based on the destination and the chosen delivery method.

Prices will be displayed in Euro (€) including VAT and consider the costs of standard order delivery.

These Delivery Fees will be indicated to the Customer on the basket validation page and on the order summary page before order validation and payment.

2. ORDER PROCESS

2.1 ORDER PROCESS

Select the chosen delivery method among those proposed (delivery times and costs vary depending on the delivery method and are indicated at this stage).

Review the summary of the order.

Read and explicitly accept these CGV by checking the box "I have read and accept the General Terms of Sale" before proceeding to the payment of the order.

Proceed to pay the order amount by clicking the "Confirm Payment" button for secure payment.

2.2 PRODUCT AVAILABILITY

Products are offered within the limits of available stocks.

Information on product availability is provided at the time of placing the order on the Product page.

If, despite La Libellule's vigilance, the ordered products are no longer available, the Customer will be informed promptly, and no debit will be made for the unavailable product(s) on the Customer's bank account.

2.3 ORDER CANCELLATION

Once the order is finalized, it cannot be modified or canceled.

However, with or without creating a customer account, the Customer always has the option to exercise their right of withdrawal, as described in Article 5 below.

3. PAYMENT

3.1 PAYMENT

Products will be paid in EUR.

The Customer will also be responsible for paying any mandatory taxes and duties, as well as any potential bank fees.

4. DELIVERY AND PRODUCT RECEIPT

4.1 DELIVERY METHODS

La Libellule delivers ordered products on the Showp site to be delivered in Metropolitan France and abroad.

Products are delivered to the delivery address indicated by the Customer according to the chosen delivery method during order placement.

The Customer bears the consequences (delivery delay, impossibility of delivery, return of products to La Libellule, transport surcharges, etc.) resulting from incorrect and/or incomplete information provided by the Customer for delivery and/or absence of the Customer at the time of delivery.

La Libellule will make every effort to ship products to the Customer as soon as possible after the order is placed, according to the chosen delivery method during order placement.

In any case, delivery will be made within a maximum period of thirty (30) working days from the receipt of the order confirmation email, subject to product availability as indicated to the Customer at the time of the order. In case of absence or delivery delay, the Customer must contact us as soon as possible.

4.2 RECEIPT OF PRODUCTS

Risks for the articles are transferred to the Customer upon delivery, i.e., when the Customer (or any designated third party) physically takes possession of the relevant articles.

Upon delivery, the Customer must check the conformity and condition of the order in the presence of the carrier and issue any relevant reservations regarding apparent defects (missing product, damaged package). The Customer must also check the number and condition of the articles upon delivery by the carrier.

If the received package is open or visibly damaged, or if any part of the articles in the package is damaged, missing, or does not match the order, the Customer (or any designated third party) is advised to refuse the receipt of the package or the concerned articles and to issue, in writing, the necessary and sufficiently detailed reservations to the carrier (open package, damaged package or article(s), missing or non-compliant with the order, etc.).

In any case, the Customer also undertakes to notify La Libellule without delay to enable us to conduct an investigation with the carrier and/or exercise remedies with the carrier within the time limits prescribed by applicable regulations, if any.

In case of shortage, refusal, or return of an article by the Customer in the above circumstances, La Libellule will proceed either to refund the concerned article(s) within 14 days or to resend the damaged/missing article(s).

4.3 PRODUCT RETURN

The Customer has the right of withdrawal allowing the return of products to La Libellule without justification, as described in Article 5 below.

For any other reason for return than the right of withdrawal (non-compliant or damaged product, error in the content of the order, etc.), the Customer is invited to contact the La Libellule team, which will provide the necessary information to fulfill the request as much as possible and, if necessary, arrange for a new delivery.

5. RIGHT OF WITHDRAWAL AND RETURN POLICY

5.1 RIGHT OF WITHDRAWAL

The Customer has the option, without giving any reason, to withdraw from the order within fourteen (14) calendar days from the day of receipt of the ordered product(s), with the date on the carrier's receipt signed by the Customer being decisive. When this fourteen (14) days period expires on a Saturday, Sunday, or a public holiday, it is extended until the next working day.

For health and hygiene reasons, some products cannot be returned to La Libellule. Swimwear is not subject to the right of withdrawal if already worn.

To exercise the right of withdrawal, the Customer can notify their decision to withdraw by returning the product directly.

To return a product, the Customer must send back the product(s) to La Libellule by post within fourteen (14) days from the date of notification of the exercise of the right of withdrawal. The return of a product, for a refund request, is at the Customer's expense if the delivery location is outside Metropolitan France and is at their own risk.

Each product must be returned new with its original packaging. In case of depreciation of the product resulting from handling other than that necessary to establish the nature and characteristics of the product, La Libellule reserves the right to refuse the refund of the product.

Customers must take care of the products in their possession. Customers are informed that La Libellule reserves the right to reject any return if the Customers have violated this care obligation, especially if the returned products are damaged or show signs of use (if hygiene strips have been removed, if the product is dirty, etc.).

La Libellule will not refund if the products returned by the Customer do not match the ordered product(s) or have a different origin than the La Libellule online store on Showp.

5.2 RETURN POLICY

In the exercise of the right of withdrawal, products must be returned in their original packaging, in their original condition, new, unworn, unwashed, with the hygiene label, and accompanied by the purchase invoice or a copy in case of partial return.

The return of a product, for a refund request, is free if the delivery location is in Metropolitan France. The return of a product, for a refund request, is at the Customer's expense if the delivery location is outside Metropolitan France and is at their own risk. To do this, you must contact us, indicating the reasons for wanting to return. You will receive an email within a maximum of one week with a return form to send back your order and a transport voucher at the expense of La Libellule in case of delivery location in Metropolitan France, which you must print.

Incomplete, damaged, worn, washed, or soiled products will not be refunded.

Each product must be returned new with its original packaging. In case of depreciation of the product resulting from handling other than that necessary to establish the nature and characteristics of the product, La Libellule reserves the right to refuse the refund or exchange of the product.

La Libellule will not refund if the products returned by the Customer do not match the ordered product(s) or have a different origin than the La Libellule online store.

5.3 REFUND OF THE ORDER

La Libellule will refund the returned products, following the procedures specified in sections 5.1 and 5.2, by crediting the means of payment used by the Customer for payment.

The refund will be made within a maximum period of fourteen (14) days following (i) the date of receipt of the product(s) by La Libellule or (ii) the date on which the Customer provided proof of the shipment of the products (with the date chosen being the first of these events).

6. LIMITATION OF LIABILITY

La Libellule cannot be held responsible for the breach of any of its obligations if the improper performance of the contract results from a force majeure event, the act or omission of the Customer, the unforeseeable and insurmountable act of a third party to the contract, or an obstacle independent of La Libellule's will, which La Libellule could not reasonably foresee at the time of signing the contract with the Customer, and the consequences of which cannot be reasonably avoided or overcome by La Libellule.

7. LEGAL WARRANTIES

The products sold by La Libellule are subject to the legal warranty conditions provided for in Articles L. 211-4 to L. 211-13 of the Consumer Code and Articles 1641 to 1648 of the Civil Code, excluding all other warranties.

8 LEGAL CONFORMITY WARRANTY

La Libellule will deliver to the Customer a product conforming to the contract and free from conformity defects at the time of delivery, meaning that the product will be suitable for the usual use of a similar good and will have the characteristics presented at the time of sale. La Libellule is also responsible for conformity defects resulting from packaging.

La Libellule may replace the non-conforming product. If replacement is impossible within one (1) month following the claim or, if the Customer duly requests it, the Customer may request a refund of the product price.

This warranty will only apply if the Customer makes the request within two years from the delivery of the goods. Conformity defects appearing within a period of twenty-four (24) months from delivery are presumed to exist at the time of delivery, unless proven otherwise.

8.1 EXCLUSION OF WARRANTY

If the products returned by the Customer do not match the ordered products or do not come from the La Libellule online store Showp, La Libellule will not be bound by its obligations described in Articles 8.1 above.

It is specified that legal warranties do not cover damages or defects resulting from an external cause (accident, impact, etc.) or a fault of the Customer resulting from improper use or use not in conformity with the characteristics of the product.

Likewise, this article does not apply if the products were not purchased on the Showp site, as in this case, legal warranties are owed by the seller from whom the articles were purchased.

8.2 FORCE MAJEURE

In case of the occurrence of a force majeure event preventing the execution of these General Terms and Conditions of Sale, La Libellule informs the Customer within fifteen (15) days from the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Expressly, events considered as force majeure, in addition to those usually retained by the French courts and tribunals, include total or partial strikes, lockouts, riots, boycotts, or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, weather, epidemic, blockade of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes in marketing forms, computer failure, telecommunications blockade, including wired or wireless telecommunications networks, and any other event independent of the will of the parties preventing the normal execution of the contractual relationship. All obligations of the parties are suspended for the entire duration of the force majeure event, without compensation. If the force majeure event lasts for more than three (3) months, the concerned transaction may be terminated at the request of La Libellule or the Customer without compensation on either side. The Customer's default of payment cannot be justified by a force majeure event.

9. MISCELLANEOUS PROVISIONS

If one or more provisions of these General Terms and Conditions of Sale are held to be invalid or declared as such in application of a law, regulation, or as a result of a definitive decision of a competent court, the other provisions will retain their full force and scope.

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