GENERAL TERMS AND CONDITIONS
Article 1 - Scope
These general terms and conditions ("GTCs") apply to orders placed by a customer (the "Customer") on the https://livoo.fr website.
Livoo.fr sells a range of items online, including small household appliances, kitchen accessories, electronics, audio and visual equipment, household fittings and home furnishings, electrical products and/or devices and more generally all forms of existing or future items of hand-held home equipment and home furnishing.
Before placing an order, the Customer affirms that the purchase of these products is for private and domestic purposes only, and not for business purposes. Should items be purchased for business purposes, livoo.fr draws the Customer's attention to the contractual warranty disclaimer and limitation of liability set out in Articles 10 and 11.
By placing an order on the livoo.fr website, the Customer is assumed to have read these GTCs and to have accepted them unreservedly and in their entirety.
The Customer may check the details of his/her order and the total price, and amend any errors before confirming acceptance (Article 1127-2 of the French Civil Code). By confirming an order, the Customer is deemed to have accepted these GTCs; confirmation shall constitute proof of contract.
Livoo.fr reserves the right to adapt or amend these GTCs at any time. In such cases, only the general terms and conditions in effect on the date of the order shall apply.
Customers are advised to save and/or print out a copy of these GTCs for safekeeping, so that they can be used at any time during performance of the contract if required.
Throughout these GTCs, the Customer shall be considered the person with whom the buyer-seller relationship is established and to whom the order will be invoiced.
Article 2 - Pricing
All prices for goods and services available on the livoo.fr website are indicated in euro including tax, with VAT charged at the applicable rate. Prices do not include the cost of handling and shipping.
Livoo.fr reserves the right to amend prices at any time, but undertakes to apply the prices in effect at the time of an order.
Goods shall remain the property of livoo.fr until payment has been received in full. However, once the Customer has collected or taken delivery of an item, the risk for the collected or delivered goods transfers to the Customer.
Article 3 - Order confirmation
Orders are placed on the livoo.fr website.
Livoo.fr draws the Customer's attention to the confirmation procedure for orders placed on livoo.fr. Placing an order and accepting the GTCs (by checking the appropriate box) equates to an "electronic signature" and is equivalent to a handwritten signature. Unless proven otherwise, information recorded online by livoo.fr shall constitute proof of all transactions between the company and its Customers.
The order number and contractual information shall be confirmed in an email at the earliest opportunity and no later than the time of delivery of your order. You are advised to print out and/or save a copy of the order confirmation on a durable format as proof of purchase. You can access an electronic invoice by visiting the "Your account" space. You are advised to print out and/or save the invoice on a durable format.
The Customer shall be responsible for information that he/she shares when placing an order (e.g. name and delivery address). As such, livoo.fr accepts no responsibility for any errors made during the order process that might prevent, or result in delays to, delivery.
The Customer affirms that he/she is fully legally capable of performing obligations under these GTCs.
Article 4 - Security
The website uses a secure payment system using SSL encryption.
Secure payment ensures that orders can be processed quickly, while safeguarding Customer information.
With SSL encryption, the Customer is automatically directed to the server of our partner bank. The transaction is placed in secure mode to ensure that the information provided is kept confidential.
SSL encryption ensures that bank account information (e.g. card numbers, expiry dates and CCVs) remain encrypted and cannot enter the network or the livoo.fr website.
Article 5 - Availability
Product offerings and prices are valid if they are displayed on the website, subject to available stock and with the exception of clear and obvious errors.
Where a product becomes unavailable after an order has been placed, the Customer will be notified of the length of time until the product is back in stock. Where a Customer does not want to wait until the product becomes available, or the product becomes permanently unavailable, the Customer shall receive a refund if payment has already been taken from his/her account, within 14 days of the effective payment date.
Article 6 - Payment
To pay for an order, the Customer may use any payment method displayed on the "Payment" page, at the payment stage.
The Customer provides livoo.fr with a guarantee that he/she has all necessary permissions to use his/her chosen payment method, when placing an order.
Payment shall be made by credit or debit card at the time of the order. We accept Visa, MasterCard, Carte Bleue and American Express.
Orders shall only be considered accepted by livoo.fr when the payment has been authorised by the relevant payment service provider and livoo.fr is satisfied that the order meets its risk acceptance criteria.
The Customer shall be notified that the order is approved in a confirmation email.
Where an order is declined, the order will be automatically rejected and the Customer will also receive an email to that effect.
Article 7 - Delivery
Delivery is possible within metropolitan France and Monaco only.
Items shall be delivered to the delivery address given by the customer during the order process.
Delivery times for orders are 72 hours from the time of dispatch.
Livoo.fr shall make every effort to deliver items ordered by the Customer within the aforementioned time frame. However, delivery times are indicative only.
Where delivery requires the Customer to be present, the carrier shall contact the Customer at the earliest opportunity to arrange a delivery slot, no more than 10 days after the order is confirmed.
Livoo.fr accepts no responsibility for delays in deliveries owing solely to the Customer's unavailability despite being offered a number of time slots by the carrier.
In all other cases, items are shipped at livoo.fr's own risk.
The delivery time or non-performance of the contract shall in no way entitle the Customer to compensation.
Where ordered items have not been delivered within five (5) days of the indicative delivery date for any reason other than force majeure or the actions of the Customer, the purchase may be cancelled in writing in accordance with Articles L.216-2, L.216-3 and L.241-4 of the French Consumer Code and by sending a registered letter with acknowledgement of receipt to the following address:
LIVOO c/o DELTA ,1 Rue Foch, 67450 Mundolsheim
As such, amounts paid by the Customer shall be refunded within 14 (fourteen) days of the date of termination of the contract, to the exclusion of all compensation or deductions.
Where the shipping time indicated in these GTCs is not met, the Customer may cancel his/her order.
After a letter of cancellation is sent, the cancellation shall only take effect where shipping or delivery has not taken place before the letter is received.
The Customer agrees, on his/her own behalf or on behalf of the recipient of the order, to take delivery of goods at the address indicated when placing the order.
At the time of delivery, the Customer or recipient of the items must be able to provide proof of identity if requested to do so.
The Customer agrees, after opening and inspecting the content of the parcel(s) while the carrier is present, to sign the delivery slip provided by the carrier, where applicable.
Where there is a problem with the item(s), the Customer shall list all reservations corresponding to his/her recorded findings on the sign-off sheet, obtain the carrier's countersignature, and retain a copy of the sheet.
Where a product is damaged in transit, the Customer must refuse to accept the damaged item from the carrier and state "Rejected due to damage" on the sign-off sheet. Failure to do so shall hold the carrier harmless against any recourse.
By signing the delivery slip despite any stated reservations, and accepting the items, the Customer acknowledges receipt of the goods in a condition with which he/she is satisfied.
Any subsequent claims against the carrier with respect to the condition of the delivered items shall be inadmissible.
Where there is a discrepancy between the items delivered and items ordered in terms of quality or quantity, the Customer must notify livoo.fr, stating the order reference number.
If the Customer does not note the damage in transit at the time of delivery and in accordance with Article L.133-3 of the French Commercial Code, taking delivery of the shipped items shall render void any action against the carrier for damage or partial loss if, within three days of taking delivery of the items (not including public holidays), the Customer has not notified the carrier of its reasoned objection by service of judicial officer or registered letter.
The following provisions shall apply to all delivery methods.
The Customer shall be informed of the delivery time for items before confirming his/her order.
In the event of a delay to delivery, the Customer may cancel the order in writing by registered letter with acknowledgement of receipt, or via a different durable format if, after ordering the seller to complete the delivery within a reasonable additional time frame using one of the aforementioned methods, the seller still does not do so during this extra time.
The order shall be considered cancelled upon receipt by livoo.fr of the letter or written note giving notice of the cancellation, unless livoo.fr fulfils the order in the interim.
Where the Customer is not available at the time a parcel is delivered, a delivery notice will be left for his/her attention. For non-bulky items, a second delivery attempt will be made free of charge (if the delivery notice is left on Monday or Tuesday, the second attempt will be made on Wednesday; if the delivery notice is left on Thursday or Friday, the second attempt will be made on Saturday).
For bulky items, a second delivery attempt will be made after a new delivery time has been agreed with livoo.fr Customer Services, within 20 working days of the first delivery notice. Where the Customer has still not taken delivery of the item(s) after this time due to absence, livoo.fr reserves the right to recover the goods. After making contact with the Customer by telephone or email, the order shall, with the consent of the Parties, either be cancelled, in which case livoo.fr will issue a refund for the item by crediting the Customer's bank account within 30 days of receiving the returned item minus shipping costs for which the Customer is responsible; or be resent to the delivery address, with the shipping costs covered by the Customer. Where the Customer does not respond within 10 days of the email, the order will be cancelled automatically and the parcel returned to livoo.fr, with shipping costs covered by the Customer.
Article 8 - Conformity
The Customer must inspect the condition of packaging and items at the time of delivery before signing any delivery slip.
Where the parcel is clearly damaged at the time of delivery, the Customer must refuse delivery of the parcel, indicate the damage and record his/her specific reservations on the delivery slip. The items and packaging shall be assumed to have been inspected where the Customer, or any person authorised to take delivery of the parcel on his/her behalf, has signed the delivery slip.
The Customer must submit any claims for delivery errors, and/or non-conformity of items to the description given on the purchase order, to livoo.fr Customer Services on the day of delivery and no later than the first working day after delivery.
Claims can be submitted to the livoo.fr Customer Service team by email to firstname.lastname@example.org.
After receiving the claim, the livoo.fr Customer Service team shall email the Customer with details of the exchange procedure to follow for the item(s) in question, on the understanding that an item can only be exchanged if the returns procedure is followed correctly.
In the event of a delivery error or exchange, all items to be exchanged or refunded must be returned to Livoo c/o Delta, complete and in their original packaging, by Colissimo Registered delivery, to Livoo c/o Delta, 1 Rue Foch, 67450 Mundolsheim. To be accepted, all returns must be reported in advance to livoo.fr Customer Services, and the Customer's contact details must be given on the parcel. Livoo.fr shall cover the cost of postage, unless it emerges that the returned item does not correspond to the original declaration made by the Customer on the return slip.
Livoo.fr agrees to refund or exchange items that do not conform to the Customer's order.
In all instances described in Article 8, only complete items in their original condition (i.e. original packaging, user instructions, accessories, etc.) shall be accepted. In such cases, return costs shall be refunded by Livoo.
Article 9 - Right of withdrawal - Cooling-off period
You have the right to withdraw from this contract without reason within the first fourteen days. The cooling-off period ends fourteen days on from the day when you or a third party other than the carrier and nominated by you, takes physical possession of the item.
To exercise your right of withdrawal, you must notify us in writing of your clear intention to withdraw from this contract by post to: Livoo c/o Delta, 1 Rue Foch, 67450 Mundolsheim, or by email to email@example.com
You may use the withdrawal form provided for this purpose by clicking here.
The Customer is hereby informed that the right of withdrawal does not apply to hygiene products (e.g. electric toothbrushes, razors, hair removal equipment, etc.) that have been unsealed by the Customer, or to any other product not returned in its original packaging, thereby preventing its resale.
If you decide to withdraw from this contract, we will refund you all payments made for your order, including delivery costs, within 14 days of receiving the product that you wish to return.
We will issue a refund using the same payment method as that used for the initial transaction.
You shall be responsible for the direct costs of returning the item.
Article 10 - Guarantees and after-sales service
10.1. Statutory provisions
Irrespective of the contractual warranty provided below, Livoo remains responsible for non-conformity of items in the contract under the conditions set out in Articles L.217-4 et seq of the French Consumer Code and hidden defects with the product sold pursuant to Articles L.1641 et seq of the French Civil Code.
Under the statutory conformity guarantee, consumers and non-business customers:
- have two years from the date of delivery of the good to take action with the seller;
- may choose either to repair or replace the good, subject to the cost conditions under Article L.217-9 of the French Consumer Code;
- are exempt from providing proof of non-conformity for the good in the first 24 (twenty-four) months after delivery of the good.
The statutory guarantee applies separately from any commercial warranties that might apply to the good. A consumer may opt to use the guarantee against hidden defects with the purchased item as defined by Article 1641 of the French Civil Code. In such cases, he/she may choose either to cancel the purchase or avail of a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
- Article L.217-4 of the French Consumer Code states that:
"The seller shall deliver a good in accordance with the contract and is responsible for any non-conformities present at the time of delivery. The seller is also responsible for non-conformities relating to the packaging, assembly instructions and, where it has been required to do so under the contract or has been carried out under its responsibility, installation."
- Article L.217-5 of the French Consumer Code states that:
"The good conforms to the contract if:
1) It is fit for the use typically expected of an equivalent good and, where applicable:
- it matches the description given by the seller and possesses the qualities demonstrated by the seller to the buyer in the form of a sample or model;
- it demonstrates qualities that a buyer might reasonably expect in view of public declarations by the seller, manufacturer or its representative, such as through advertisements or labelling; or
2) It features characteristics established by mutual agreement of the parties or is fit for any specific use sought by the buyer, of which the seller has been made aware and to which the seller has agreed."
- Article L.217-12 of the French Consumer Code states that:
"Actions resulting from non-conformity shall expire after a period of two years from delivery of the good."
- Article L.217-16 of the French Consumer Code states that:
"Where the buyer requests that the seller perform restoration work covered by the guarantee, within the period of the commercial warranty extended to the buyer when purchasing or repairing an item of movable property, any period of detention of the good of seven days or more shall be added to the remaining period of the guarantee.
This period shall commence as of when the request for action was made by the buyer or the delivery of the good in question for repair, where delivery is made after the request for action." "
- Article 1641 of the French Civil Code states that:
"The seller is bound by the guarantee in relation to hidden defects that render the good sold unfit for its intended use, or which impairs such use to the extent that the buyer would not have purchased it, or would have purchased it for a lower price, had the buyer known of the faults."
- Article 1648(1) of the French Civil Code states that:
"Actions resulting from hidden defects must be initiated by the buyer within a period of two years of discovering the fault."
10.2. Contractual warranty: terms and conditions
In addition to the customer's statutory guarantee, items purchased from us may be covered by a contractual warranty, the terms of which are detailed below.
The warranty is free of charge and covers the repair of a device following damage that affects its functionality and is caused by an internal issue.
The warranty is valid for the whole of metropolitan and mainland France, and Monaco.
To be able to avail of the warranty, the purchase receipt must be kept. Purchase receipts alone shall serve as proof of purchase. The contractual warranty shall expire at the end of the period set by the product manufacturer.
Under these conditions, Livoo agrees to:
- Repair the Customer's device free of charge within the first 21 days after purchase, where the Customer reports an operational fault. Where the item can be repaired, Livoo undertakes to ensure that devices affected by an internal fault operate correctly; this warranty covers the replacement of faulty parts,
- If the device cannot be repaired, Livoo may replace the device with a new device with the same characteristics. If the new device is more expensive, the Customer shall be asked to pay the difference in price. Where equipment is replaced under the contractual warranty, the replacement equipment shall not be covered by a new contractual warranty but will continue to be covered until expiry of the initial contractual warranty.
In any event, all devices must be sent to Livoo's after-sales service department at - Livoo After-Sales/SAV c/o Delta, 1 Rue Foch, 67450 Mundolsheim under the following conditions:
- items must be in perfect condition, spotless and with no signs of wear-and-tear;
- items must be complete and in their original packaging,
- the purchase receipt must be included,
THE WARRANTY DOES NOT COVER:
- Damage for which a third party is liable or resulting from intentional negligence.
- Damage resulting from energy consumption, use or installation that does not conform to the manufacturer's instructions, or from negligence.
- Replacement of accessories (e.g. vacuum filters, brushes or hoses, etc.), replacement of batteries, lamps, or any external display parts that do not impede the device's proper function.
- Replacement or repair of devices resulting from oxidation.
- Replacement or repair of LCD screens due to the presence of defective pixels.
- Replacement due to errors in connection or activation.
- Damage resulting from industrial or commercial use.
- Damage caused by fire, lightning, storms or vandalism.
- Pecuniary and incidental damage linked to a fault with the device (e.g. disturbance of possession, device contents, etc.)
The above provisions shall not limit or annul the statutory guarantee for hidden defects.
Article 11 - Responsibility - Liability
Photographs featuring products are not contractual. The Customer is advised to read the technical specifications of products before proceeding to place an order.
Where hypertext links are added, livoo.fr accepts no responsibility in the event that third-party website content is in breach of applicable law and/or regulations.
Where it is not possible to make full use of products due to incompatible equipment, no compensation or refunds may be granted, and livoo.fr accepts no responsibility in any such case.
For business purchases, livoo.fr accepts no responsibility for any damage that might be caused from any use of a purchased item for business purposes.
Article 12 - Waste Electrical and Electronic Equipment recycling
Livoo.fr informs Customers that electrical and electronic equipment that are at the end of their life, obsolete or no longer work must not be discarded into bins or municipal waste sorting facilities, under the 2005 EU regulation applicable in France since 15 November 2006. The regulation is aimed at limiting raw material waste and protecting the environment and human health while preventing substances contained in some devices from entering the natural environment.
Customers may therefore either:
- leave used devices at local municipal waste processing and/or collection facilities, or
- hand equipment over to a social association.
Article 13 - Applicable law and disputes
These General Terms and Conditions and the online contract of sale are subject to French law. In the event of a dispute or claim, Customers are recommended to contact the Livoo.fr Customer Services team to seek an amicable resolution. Should the Parties fail to reach an amicable settlement, the dispute shall be referred to the French courts with jurisdiction over the location of Delta's head office.