GENERAL TERMS AND CONDITIONS OF SALE
YVO ET MOI
This is a translation, only the French version is legally correct.
1.1 The website www.yvoetmoi.com (hereafter “the Site”) is the property of SARL CLEO, a limited liability company with a sole shareholder with a share capital of 5,000 euros, registered with the Lyon Trade and Companies Register under the number 841 252 083, whose intra-community VAT number is FR 76 841 252 083, and whose registered office is located at 70, Impasse de l’Aillier 74170 Les Contamines Montjoie, operating under the trade name “YVO ET MOI ” (hereinafter “YVO ET MOI”).
1.2 The purpose of the Site is to offer items of lingerie and ready-to-wear products marketed under the brand name “YVO & MOI” (hereinafter referred to as “the products”) for sale in an online sales area for customers acting in their capacity as consumers.
1.3 The user of the Site (hereinafter “the Customer”) declares and acknowledges being of legal age and having full legal capacity to enable him/her to commit to the Site’s general terms and conditions of sale. He/she also declares and acknowledges they are acting as a consumer by acquiring the products sold on the Site exclusively for his/her personal use.
1.4 The Customer is informed that he/she may contact YVO ET MOI at any time for any information, or with questions and/or complaints relating to the purchase of the products sold on the Site:
2.1 The purpose of these general terms and conditions of sale is to define the conditions and terms of sale to the Customer of the products offered for sale on the Site.
2.2 The purchase by the Customer of products on the Site implies their consultation, understanding and acceptance of these general conditions of sale.
2.3 Any order placed by the Customer on the Site under the conditions detailed below shall be subject to these general terms and conditions of sale.
3. ACCEPTANCE AND OPPOSABILITY OF THE GENERAL TERMS AND CONDITIONS
3.1 The Customer manifests his/her acceptance of these general terms and conditions of sale during the confirmation of his/her order by means of a tick box with the words “I have read and accept the GT&Cs (CGV)” and a “click”.
3.2 The Customer is informed that YVO ET MOI reserves the right to adapt or amend the general terms and conditions at any time. However, the version of the general terms and conditions that is binding on the Customer remains the version accepted by the Customer at the time of the validation of his/her order. The modified versions of the general terms and conditions will only apply to orders placed on the Site after they have been put online and validly accepted by the Customer.
3.3 The general terms and conditions of sale are permanently accessible and can be consulted at any time by the Customer on the Site in the “general terms and conditions of sale” section. The Customer has the option of saving or printing them using the standard functionalities of his/her browser or computer.
4. ORDERING PRODUCTS
4.1 Creating a user account
4.1.1 Once the Customer is authenticated on the Site, he/she must create a user account from the “Create an account” section to make a purchase or fill his/her cart. This account is accessible to the Customer from the “My Account” section once the account creation process has been completed.
4.1.2 In the “Create an Account” section, the Customer completes the required mandatory fields, specifying, in particular, his/her email address and the password that will be his/her identifiers to access his/her user account at a later date.
4.1.3 The Customer has the opportunity to register for the YVO ET MOI newsletter by ticking the box provided for this purpose at the end of the user account creation form, or by means of a window that is automatically displayed when the Customer visits the Site
4.1.4 Once all the requested information has been filled in, the Customer submits the form, and receives an email confirming the creation of his/her user account at the email address provided in the form.
4.2 Choice of products
4.2.1 The Customer chooses the products presented on the Site on the day of the order. It is specified to the Customer that placing products in his/her basket does not constitute a reservation of these products and that he/she must check at the time of placing his/her order that the products thus placed in his/her basket are still available.
4.2.2 The Customer is solely responsible for his/her choice of products and their suitability for his/her needs or for the products with which he/she may wish to use them. YVO ET MOI cannot be held liable in this respect.
4.3 Order process
4.3.1 The Customer chooses the products he/she wishes to order by consulting their presentation page and clicking on the “Add to basket” box.
4.3.2 The Customer then accesses the details of the total of his/her order in the basket in the “My basket” section. The Customer has the opportunity to check the details of his/her order as well as the total price (excluding delivery costs), to modify it by adding or deleting products, to correct any errors or to cancel it.
4.3.2 The Customer connects to his/her user account by entering his/her login details if he/she was not already logged in when selecting products. If the Customer does not have a user account, he/she creates one in order to finalise his/her order according to the terms and conditions indicated in Article 4.1 of these general terms and conditions.
4.3.4 The Customer provides the billing and delivery address, as well as the desired delivery method.
4.3.5 A summary of the Customer’s order appears. The Customer is invited to accept the current general terms and conditions of sale by ticking the box provided for this purpose. At this stage, the Customer also has the opportunity to check the details of his/her order and its total price (including delivery costs), to modify it, to correct any errors or to abandon his/her order.
4.3.6 The Customer chooses his/her method of payment and proceeds to the cash payment for his/her order. This step entails definitive confirmation of the Customer’s order. Once the order has been confirmed and paid for by the Customer, it can no longer be cancelled except in the event of rejection of the Customer’s payment, which then automatically cancels the order.
4.3.7 YVO ET MOI acknowledges receipt of the Customer’s order by sending the Customer a confirmation email. YVO ET MOI undertakes to fulfil the orders placed by the Customer within the limits of available stocks and, in the event of unavailability, to inform the Customer of this as soon as possible. The order will then be cancelled, and the sum paid by the Customer will be refunded in full.
4.3.8 The Customer may consult, download and print the summary invoice of his/her order on his/her user account at any time.
5. PRICES AND METHODS OF PAYMENT
5.1 Price information
5.1.1 The prices relating to the ordering of the products on the Site are indicated on the Site within the presentation page of each of these products.
5.1.2 Prices are displayed in euros in amounts including all taxes (including VAT), with the exception of delivery costs, which are indicated to the Customer at the time of the validation of his/her order, as well as any customs duties or other taxes that must be paid by the Customer directly to the carrier.
5.1.3 They are only valid for the period during which they are accessible in real time electronically on the Site for each product. The price paid by the Customer for each product ordered will correspond to the price in force at the date and time of his/her order.
5.1.4 Prices shown are inclusive of VAT. Any change in the VAT rate, as well as any change in any other applicable taxes, is automatically reflected in the price of the products offered for sale.
5.1.5 When the Customer confirms his/her order, the total price of the order (including the price of the product including VAT and delivery costs) is indicated to the Customer in euros.
5.1.6 If customs duties or other taxes related to the import or export of the products ordered are applicable, the Customer must pay them directly to the carrier upon receipt of the products ordered.
5.2 Methods of payment
5.2.1 To pay for his/her order, the Customer may use, according to his/her choice, different methods of payment which are accepted by the Site. The Customer chooses his/her method of payment at the time of confirmation of the order.
5.2.2 The Site accepts the following methods of payment:
● Payment by credit or debit card;
● Payment by Paypal.
6.1 Delivery times
6.1.1 The maximum delivery times for the products ordered are as follows:
It is, however, specified to the Customer that these maximum delivery times may be extended by ten (10) days in the event of exceptional volumes of orders on the Site, particularly in connection with the launch of a new collection or a seasonal peak in activity.
6.1.2 YVO ET MOI will use its best efforts to deliver the product on the date or within the period indicated to the Customer when validating the order. Delivery times are determined based on the delivery address provided by the Customer and the delivery method chosen by the Customer. However, YVO ET MOI is not liable in the event of the impossibility of delivering or delay in delivery caused by the Customer providing incomplete or incorrect information about his/her delivery address.
6.2 Methods of delivery
6.2.1 The products ordered by the Customer are delivered to the address provided by the Customer during the confirmation of his/her order.
6.2.2 Delivery will be made according to the Customer’s choice of the following delivery methods:
6.2.3 The Customer pays delivery costs, the amount of which differs depending on the delivery method chosen by the Customer when confirming his/her order:
However, free delivery is offered to the Customer if the amount of his/her order on the Site is equal to or greater than the sum of two hundred (200) euros (including VAT) for deliveries in France.
6.3 Transfer of risk
6.3.1 The risk of loss of and damage to the products shall pass to the Customer at the moment when the Customer or a third party designated by the Customer (other than the carrier offered by YVO ET MOI) takes physical possession of the products.
6.3.2 If the Customer chooses to entrust the delivery of his/her order to a carrier other than the carrier offered by YVO ET MOI, the Customer is informed that the risk of loss and damage to the products is transferred to the Customer when YVO ET MOI hands over the products to that carrier.
6.4 Damaged products
6.4.1 If at the time of delivery the Customer finds that the packaging of his/her order is damaged, torn or open, he/she must check the condition of the products ordered. If he/she finds that one or more of the products ordered have been damaged, he/she must express his/her reservations by refusing delivery or by noting a reservation on the carrier’s delivery slip (“package refused because open or damaged”).
6.4.2 Verification by the Customer of the condition of the products ordered is considered to have been carried out as soon as the Customer, or a third party designated by him/her, has signed the carrier’s delivery slip.
6.4.3 If the Customer has expressed reservations at the time of delivery of the product, he/she must notify YVO ET MOI at the following address: SARL CLEO, Service Retour (Returns service), 70, Impasse de l’Aillier 74170 Les Contamines Montjoie, or by email at firstname.lastname@example.org, specifying the reference number of his/her order. YVO ET MOI and the Customer will agree together on the solutions to be implemented, in particular, to seek the liability of the carrier if it is established that the damage was caused during transport.
6.5 Non-delivery - Termination of the agreement
6.5.1 If the order is not delivered on the specified date or within the specified period or, failing that, no later than thirty (30) days after the order has been placed, the Customer may instruct YVO ET MOI by registered letter with acknowledgement of receipt or in writing via any other durable medium to effect delivery within a reasonable additional period. If YVO ET MOI fails to comply with this additional period, the Customer is entitled to terminate the sales agreement concluded with YVO ET MOI by registered letter with acknowledgement of receipt or in writing via any other durable medium. The agreement will be deemed to have been terminated on receipt by YVO ET MOI of this registered letter or written communication informing it of such termination unless YVO ET MOI has complied with the terms of the agreement in the meantime.
6.5.2 If YVO ET MOI refuses to deliver the Customer’s order, or if YVO ET MOI fails to deliver the order on the date or within the period specified, even though that date or period is essential for the Customer (as a result of the circumstances surrounding the conclusion of the agreement or an express request by the Customer), the Customer will be informed that he/she can immediately terminate the sales agreement concluded with YVO ET MOI. The agreement will be deemed to have been dissolved as soon as the Customer sends a registered letter with acknowledgement of receipt or in writing via any other durable medium informing YVO ET MOI of this dissolution.
6.5.3 If the agreement concluded with YVO ET MOI is terminated by the Customer, YVO ET MOI will refund the Customer in full all sums paid by the Customer within fourteen days of the date on which the agreement was terminated.
7. RIGHT OF CANCELLATION
7.1 In accordance with the legal provisions in force, the Customer has a cooling-off period of fourteen (14) days to return the products ordered without having to give any reason.
7.2 This period begins the day after receipt of the product. For orders for several products delivered separately or for orders for a product composed of multiple lots or pieces whose delivery is staggered over a defined period, the period runs from the day after receipt of the last product or lot or the last piece. If this period expires on a Saturday, Sunday, holiday or public holiday, it shall be extended to the first working day that follows.
7.3 To exercise his/her right of cancellation, the Customer must notify YVO ET MOI of his/her decision to withdraw within the above-mentioned period by means of an unambiguous statement or by completing the cancellation form contained in the “Cancellation Form” section of the Site and in Appendix 1 to these current GT&Cs:
● By post to the following address: SARL CLEO, Service Retour (Returns service) 70, Impasse de l’Aillier 74170 Les Contamines Montjoie;
● By email to the following address: email@example.com.
7.4 If the Customer exercises his/her right of cancellation, the Customer shall be refunded the price of his/her order within a maximum period of fourteen (14) days following the date on which the Customer informed YVO ET MOI of his/her decision to withdraw, the costs of returning the products remaining at the expense of the Customer. YVO ET MOI may, however, postpone the refund until the products are received or until the Customer has provided proof of the dispatch of these products, whichever is the earlier. The refund will be made using the same means of payment as that used by the Customer unless the Customer expressly accepts different terms and conditions.
7.5 The Customer must return the ordered products to YVO ET MOI within a maximum period of fourteen (14) days from the date on which the Customer informed YVO ET MOI of his/her decision to cancel. The products must be returned to the following address: SARL CLEO, Service Retour (Return service), 70, Impasse de l’Aillier 74170 Les Contamines Montjoie.
7.6 The products must be returned by the Customer in accordance with the following conditions:
● In their original condition;
● New, unworn and unwashed;
● In their original packaging with all their accessories and instructions.
The Customer is informed that products from which labels have been removed cannot be returned to YVO ET MOI.
7.7 The Customer is informed that he/she may be held liable by YVO ET MOI in the event of depreciation of the products as a result of handling other than that necessary to establish the nature, characteristics and proper functioning of these goods.
The Customer benefits from the legal guarantees concerning conformity and hidden defects of YVO ET MOI products. Implementation of these various guarantees is effected:
8.1 Legal guarantee of conformity
8.1.1 The legal guarantee of conformity is provided for in article L.217-4 of the Consumer Code. YVO ET MOI is therefore obliged to guarantee the conformity of the product purchased by the Customer within two years of the date of purchase. A product is compliant when it corresponds to the use that is usually expected of this type of product or has the characteristics defined by the parties to the agreement.
8.1.2 The implementation of the legal guarantee of conformity allows the Customer to obtain, at his/her discretion, the replacement of the product or its repair.
8.1.3 The Customer can also obtain the termination of the sales agreement concluded with YVO ET MOI (and a refund of the price of his/her product) or a price reduction if:
8.1.4 The Customer is informed that he/she cannot, however, invoke the legal guarantee of conformity if he/she was aware of the non-conformity of the product or could not have been unaware of it at the time of purchase.
8.2 Legal warranty for hidden defects
8.2.1 The legal guarantee concerning hidden defects is distinct from the legal guarantee of conformity and is provided for in Article 1641 of the Civil Code. YVO ET MOI is therefore obliged to guarantee the Customer against all hidden defects in its products that make them unfit for normal use. This guarantee also applies if the Customer can prove that he/she would not have purchased the product or would have purchased it at a lower price if he/she had been aware of the defects.
8.2.2 This guarantee applies within two years of the Customer’s discovery of the defect, which may not correspond to the date of purchase of the product.
8.2.3 For the Customer to be able to enforce the legal warranty for hidden defects, the following conditions must be met:
8.2.4 The application of the legal guarantee for hidden defects allows the Customer, at his/her discretion, (i) to return the product and obtain a refund of the price, or (ii) to keep the product and obtain a refund of part of the purchase price.
9. INTELLECTUAL PROPERTY
9.1 The content of the Site, its general structure as well as all the elements used by the Site or appearing on it (including, without this list being exhaustive, trademarks, drawings, models, animated or non-animated images, texts, photographs, logos, graphic charts, software and programs, search engines, databases, sound, video, domain names, and even the design) are the exclusive property of YVO ET MOI or the partners or third parties who have granted it a licence and are protected by the intellectual property rights granted to them by the applicable laws.
9.2 Any reproduction and/or representation, in whole or in part, of any of these elements, without the express permission of YVO ET MOI, is prohibited and would constitute an act of infringement punishable under the applicable legal provisions.
9.3 The Customer is therefore prohibited from any action and any act that may directly or indirectly infringe the intellectual property rights of YVO ET MOI or its partners or third parties.
10. PERSONAL DATA
10.1 The Site uses automated processing of the Customer’s personal data when (i) the Customer creates a user account, (ii) orders are placed, (iii) the Customer registers for the newsletter or (iv) the Customer contacts YVO ET MOI.
10.2 By agreeing to these General Terms and Conditions of Sale, the Customer consents to the processing of personal data relating to them collected by YVO ET MOI on the Site.
10.3 Pursuant to the law of 6 January 1978 on Data Processing, Data Files and Individual Liberties (hereinafter referred to as the French “Law of Data Protection and Civil Liberties”), as well as the provisions of European Regulation No. 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the “GDPR”), the Customer has the following rights:
● Right of access to personal data concerning him/her;
● Right to question the use of his/her personal data;
● Right to correct or delete his/her personal data;
● Right to limit the processing of his/her personal data;
● Right to the portability of his/her personal data;
● Right to object on legitimate grounds to the processing of his/her personal data or to the use of his/her personal data for the purposes of canvassing, in particular, commercial canvassing;
● The right to define instructions concerning the fate of his/her personal data after his/her death.
10.4 The Customer may exercise all of these rights at any time by submitting a request to YVO ET MOI:
YVO ET MOI responds to Customers’ requests as quickly as possible and in accordance with the applicable law.
10.5 The personal data collected by YVO ET MOI will be retained for the legally prescribed period. These data are intended for the use of YVO ET MOI as well as its possible partners. Some of the recipients may be located outside the European Union. However, the Customer is informed that guarantees have been put in place to ensure a sufficient level of protection for their personal data.
11.1 Liability of YVO ET MOI
11.1.1 Online ordering of products by the Customer requires the Customer to go to the Site via internet access. All costs relating to this access are entirely at the expense of the Customer, who is solely responsible for the proper functioning of his/her computer equipment as well as his/her access to the internet.
11.1.2 YVO ET MOI makes every effort to enable the Customer to access and use the Site. However, given the complexity of the internet network, YVO ET MOI cannot guarantee accessibility or absolute availability of the Site.
11.1.3 YVO ET MOI reserves the right, without prior notice or compensation, to temporarily or permanently close down the Site or access to one or more remote services, in particular, to carry out updates, maintenance operations, modifications or changes to the servers, without this list being exhaustive.
11.1.4 YVO ET MOI reserves the right to supplement or amend the Site and the services available on it at any time in accordance with technological developments.
11.1.5 YVO ET MOI is not liable for any damage of any kind that may result from these changes and/or temporary unavailability or permanent closing of all or part of the Site or the associated services.
11.1.6 The Site may contain links to third-party sites. As these sites are not under the control of YVO ET MOI, YVO ET MOI cannot be held liable for the content and elements available on these third-party sites. The Customer is invited to take note of the terms and conditions of use of these third-party sites.
11.1.7 YVO ET MOI also cannot be held liable if the poor execution or non-execution of these General Terms and Conditions of Sale is due to force majeure, the unforeseeable and insurmountable act of a third party, or the act of the Customer.
11.1.8 YVO ET MOI makes every effort to secure the Site in view of the risks involved and the nature of the data processed. YVO ET MOI cannot, however, be held liable for breaches of computer security resulting from the presence of viruses on the Site.
11.2 Customer liability
11.2.1 The Customer must ensure when creating his/her user account that he/she provides accurate and complete information and that this information is regularly updated. In this context, he/she may modify his/her personal information at any time by accessing the “My Account” section.
11.2.2 The Customer is solely responsible for preserving and maintaining the confidentiality of his/her password. It is incumbent upon him/her to take all appropriate measures to preserve the confidentiality of the password and to change his/her password without delay on the Site in the event of theft or unauthorised communication of the password to third parties. If the password is changed, an email is sent to the Customer so that he/she can make the change.
11.2.3 The Customer is solely responsible for the use of the Site made with his/her credentials. YVO ET MOI cannot be held liable for any loss or damage resulting from a breach by the Customer of its confidentiality obligations.
11.2.4 In the event of fraudulent use of the Customer’s account or a breach of these General Terms and Conditions of Sale, YVO ET MOI reserves the right, without compensation or notice, to temporarily or permanently close access to the Customer’s user account. The Customer remains fully liable for the use of his/her account prior to its temporary or permanent closure.
12. GENERAL PROVISIONS
12.1 These present general terms and conditions of sale represent the entirety of the obligations of the parties.
12.2 YVO ET MOI and the Customer undertake to perform their obligations in good faith.
12.3 If one or more of the stipulations of these General Terms and Conditions of Sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court; the other stipulations will remain fully applicable.
12.4 YVO ET MOI and the Customer mutually agree that the fact that one of the parties to these General Terms and Conditions tolerates a situation does not have the effect of granting the other party any rights. Such tolerance shall also not be interpreted as a waiver of the rights in question.
12.5 The Customer accepts that the rights and obligations arising from these General Terms and Conditions of Sale may be transferred by YVO ET MOI to a third party, for example in the event of a merger or acquisition.
12.6 The Customer authorises YVO ET MOI to involve any subcontractor of its choice in the execution of these Terms and Conditions. The Customer agrees that YVO ET MOI may, in that case, pass on to this subcontractor the information and personal data concerning the Customer that is necessary for the performance of the subcontracted services.
13. LANGUAGE AND APPLICABLE LAW
13.1 These general terms and conditions of sale have been written in French. Should they be translated into a foreign language, the French version shall prevail in the event of a dispute or difficulty of interpretation.
13.2 These general terms and conditions are governed by French law. If the Customer does not reside in France, he/she may however validly request and invoke the application of the mandatory provisions provided for by the law of the European Union country in which he/she resides.
14. DISPUTE SETTLEMENT
14.1 Consumer ombudsman
14.1.1 YVO ET MOI informs the Customer of the possibility of having recourse, in the event of a dispute in connection with these General Terms and Conditions of Sale, to a conventional mediation procedure or any other alternative dispute resolution procedure.
14.1.2 To this end, the Customer is informed that he/she may refer the matter to the FEVAD (Association of distance-selling businesses) ombudsman. To submit the dispute to this ombudsman, the Customer may, at his/her discretion:
14.1.3 The ombudsman cannot deal with disputes for which the request is manifestly unfounded or abusive, or has previously been examined or is being examined by another mediator or by a court, if the Customer has submitted his/her request to the mediator within more than one year of his/her written complaint to YVO ET MOI, if the dispute does not fall within the scope of the mediator’s jurisdiction, or if the Customer does not provide proof that he/she has previously attempted to resolve his/her dispute by means of a written complaint to YVO ET MOI.
14.2 Competent jurisdiction
14.2.1 In the event of a dispute arising in connection with the interpretation or execution of these general terms and conditions of sale, the Customer may bring the matter before one of the competent courts, according to his/her choice, in the application of the Code of Civil Procedure.
Please complete and return this form to firstname.lastname@example.org only if you wish to cancel the order you placed on the www.yvoetmoi.com website
For the attention of SARL CLEO, a limited liability company with a single shareholder and a share capital of 5,000 euros, registered with the Lyon Trade and Companies Register under number 841 252 083, whose registered office is located at 70, Impasse de l’Aillier 74170 Les Contamines Montjoie, email@example.com:
I/we (*) hereby notify you (*) of my/our (*) cancellation of the following order placed on the website www.yvoetmoi.com:
Date of the order:
Day and time of delivery of the product(s) ordered:
Name of the customer(s):
Address of the customer(s):
Signature of the customer(s) (only if this form is submitted on paper):
(*) Delete as appropriate