General Conditions of Sale
GENERAL CONDITIONS OF SALE AND SERVICE PROVISION
GENERAL CONDITIONS OF SALE AND SERVICE PROVISION
Please read these Terms of Service carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Website.
The website douxjardin.com ( hereinafter, “Doux Jardin”) belongs to the company Lotus Anruibo Concept LTD (RCS number: 9972551-928-01-12-A ), (hereinafter, “the Company”) and is hosted by Shopify Inc. (hereinafter, “the Host”). The Host provides the online e-commerce platform enabling the sale of our products and services.
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you consent to the use of the Website by a minor.
1. Purpose
These general conditions of sale aim to:
- To define the contractual relations between “ LE VIVIER ECOM LIMITED » the company having its registered office at RM 511, 5/F, MING SANG IND BLDG, 19-21 HING YIP STREET, KWUN TONG HONG KONG , ET Lotus Anruibo Concept LTD , (hereinafter, “the Seller”) having its registered office at No. 70335, Street 7, F5, Gate 97, District 5, International Trade City, Yiwu, Zhejiang, 322000, China , and the buyer;
- To define the conditions applicable to any purchase made through the Website, whether the buyer is a professional or a consumer.
The Company reserves the right to modify the terms and conditions at any time. In such case, the applicable conditions will be those in effect on the date of the order by the buyer.
The sale, when concluded, takes place between the seller and the buyer to the exclusion of LE VIVIER ECOM LIMITED who provides and manages the website.
By accessing and using the Website in any manner, including browsing the Website, creating an account, or contributing content or other materials to the Website, you understand, acknowledge, and expressly agree to be bound by the Terms of Use.
By accepting these terms of use, the buyer represents that he or she has reached the age of majority in the state in which he or she resides. Use of our products for illegal or unauthorized purposes is prohibited.
2. Characteristics of the goods and services offered
The products and services offered are those listed in the catalog published on the Company's website and are offered by a duly identified Seller who assumes responsibility for them to the exclusion of LE VIVIER ECOM LIMITED .
These products are offered for sale while stocks last.
The photographs and colours of the products illustrated on the website provided by the Seller under its responsibility cannot in any way guarantee a perfect similarity with the product offered, mainly with regard to colours.
3. Rates
On the checkout page, the main price is displayed along with the VAT. However, in some cases, VAT, other taxes, customs duties, and/or fees levied by your destination country will be the buyer's responsibility.
The Company reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer.
In the event of an error relating to VAT, this may be subject to adjustment in accordance with the applicable rules.
The prices indicated do not include order processing, transport and delivery costs, if applicable.
4. Geographic area
The Company reserves the right, but is not obligated, to restrict the sales of its products or services to any person, geographic region or jurisdiction or to limit the quantities sold.
5. Orders
It is the buyer's responsibility to provide complete and accurate information and to confirm the information and contents related to the various items he wishes to purchase via the information provided before submitting an order.
It is assumed that the buyer has full knowledge and understanding of the details of the items he is purchasing when submitting the order, the Company shall not be held responsible for any problems arising after the sale, and resulting from misinterpretation of the information and related content on the Website.
Once the items have been selected, they will be added to the buyer's shopping cart. The buyer must then:
- Complete the identification form on which he will indicate all the contact details
requested or provide their customer number if they have one;
- Validate your order after checking it;
- Make payment under the conditions provided;
- Confirm your order and payment.
The Company is not responsible if the information made available on the Website is not accurate, complete or current.
The Company reserves the right to refuse any order placed with it. It may, at its sole discretion, limit or cancel quantities purchased per person, per household or per order.
These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
The buyer confirms that he is not a trader or placing an order for the purpose of resale.
In the event of a modification or cancellation of an order, the Company will attempt to notify the buyer by contacting the email address and/or billing address/phone number provided at the time of ordering.
It reserves the right to limit or prohibit orders which, in its reasonable judgment, appear to have been placed by dealers, resellers or distributors.
Confirmation of the order entails acceptance of these conditions of sale, recognition of having full knowledge of them and waiver of the right to invoke one's own conditions of purchase or other conditions.
All data provided and the recorded confirmation will constitute proof of the transaction. The confirmation will constitute signature and acceptance of the operations carried out between the buyer and the seller, excluding LE VIVIER ECOM LIMITED .
The Company will communicate by email confirmation of the registered order.
6. Links with third parties
The Company may provide buyers with access to third-party payment instruments or means over which it has no control or influence and which buyers choose to use under their own responsibility in accordance with the conditions established by said third parties.
Therefore, no liability arises from the Company. Any use by you of third-party tools is entirely at your own risk and discretion and you should ensure that you are familiar with and accept the terms on which tools are provided by the relevant third-party providers.
Certain content, products and services available through the Company's Service may include materials from third parties or content posted by third parties on web pages.
URL links on the Website may direct you to third-party websites that are not affiliated with the Company.
The Company is not liable for any damages or injury related to the purchase or use of
goods, services, resources, content or any other transactions made in connection with third-party websites.
Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, concerns, or questions regarding third-party products should be directed to the third-party.
7. Errors, inaccuracies and omissions
In the event of information containing typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability, the Company reserves the right to correct, change, update information, or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after the order has been submitted).
8. Withdrawal
Buyers, non-professional individuals, benefit from a fourteen-day cooling-off period from the seller upon receipt of their order to return the product to the seller for a refund without penalty. Please note that return shipping costs are the buyer's responsibility.
Please send us a complete email informing us of your return to the following address: contact.douxjardin@gmail.com
9. Termination
If, in the opinion of the Company, customers fail to comply or are suspected of having failed to comply with any term or provision of these terms of service, the Company may terminate this agreement at any time without notice, as may the seller, and you will remain liable for all amounts due up to and including the date of termination.
10. Payment terms
Payments made through the website are made by credit card either by: Visa, MasterCard, AmericanExpress, Union Pay, Paypal, online banking, ApplePay, etc.
To minimize the risk of unauthorized access, the buyer's credit card details are encrypted.
Once the order is received, the Company requests a pre-authorization on the card to ensure that there are sufficient funds to complete the transaction.
No information regarding the financial transaction is retained or recorded.
11. Shipments
The Company is responsible for the sale but is not responsible for the shipping of products ordered through the Website. The Seller ships products primarily from China. The transportation of goods is entrusted to another logistics provider selected by the Seller.
Products are shipped directly to the customer's home.
12. Delivery
Deliveries are made to the address indicated during the purchase confirmation, which can only be in the agreed geographical area.
Delivery time varies depending on processing time, order verification and quality control within 24-48 hours after order confirmation and production.
Production and delivery are indicated at the time of payment, it can vary between 5 to 15 working days.
The Seller aims to deliver orders as quickly as possible. However, sometimes during specific periods, deliveries may take longer. Due to
Due to customs and/or geopolitical constraints, due to various logistical restrictions, delivery times may be longer than usual. All necessary special precautions regarding order processing and security are taken into account.
When the package is delivered to the carrier, it is considered to have been delivered to the buyer, the risk of loss or damage is transferred from the seller to the buyer. Therefore, in the event of damage during transport, a reasoned claim must be made to the carrier within three days of delivery. The Seller's liability is no longer incurred, that of LE VIVIER ECOM LIMITED who is not a party to the sale is excluded in any case.
Delivery times are given for information purposes only; if they exceed thirty days from the order, the sales contract with the Seller may be terminated and the buyer reimbursed.
However, in the event of a delivery or other problem, the Company undertakes to do everything in its power to contact the seller and/or the carrier in order to resolve the situation.
13. Reviews and Comments
If the buyer submits certain specific submissions, proposals, such as contest entries, or if, without our request, the customer submits creative ideas, suggestions, proposals, designs or other materials, online, by email, postal mail or otherwise, the customer agrees that the Company may edit, copy, publish, distribute, translate and use in any manner, in any medium, the comments submitted to them and waives any claim to intellectual property, payment or compensation to the company to which it transfers any rights.
The Company is under no obligation to maintain any comments in confidence; to pay compensation for any comments; or to respond to any comments. Comments are the sole responsibility of the individual commenter.
The Company may, but has no obligation to, monitor, edit or remove content that it determines to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
Buyer agrees that Comments may not violate the rights of others including copyright, trademark, privacy, personality or any other personal or proprietary right.
The buyer further agrees that his comments will not contain defamatory or otherwise unlawful, offensive or obscene material, nor any computer virus or other malware that could in any way affect the operation of the website or any advertising, solicitation or commercial content, religious, political, personal or institutional targeting, conflicting or irrelevant messages.
The buyer may not use a false email address, false identity, pretend to be someone other than himself or mislead about all or part of the information concerning him (age, status of trader or not, gender, location, etc.), or mislead the Company or a third party, as to the origin of a comment.
The buyer is solely responsible for the comments he makes and their accuracy. The Company assumes no responsibility for comments posted by the customer or others.
14. Warranty
If you have any complaints about your order, please contact customer service by email at XXX as soon as possible upon receipt of your package. in order to allow the Company to inform the Seller and/or the Carrier if applicable.
The guarantee given by the Seller can no longer be exercised beyond 30 days from the date of receipt.
In the event of non-conformity of a product sold, it may be returned to the Seller who will reimburse it.
Any claim for an order will be impossible beyond 60 days from the invoice date.
15. Liability
When selling online, the Seller assumes responsibility and the Company, which is limited to making available the platform hosted by Shopify Inc., is bound by an obligation of means. Its liability cannot be incurred for damage resulting from the use of the Internet network, access to third-party content, a network or configuration problem such as loss of data, intrusion, virus, service interruption or other involuntary problems.
16. Personal data
The submission of personal information through the website is governed by the policy
confidentiality.
17. Intellectual Property
All information and content related to the items displayed on the Website, including, price, details, dimensions, weight, descriptions and specifications of the items are translated by us from information obtained from Seller's sources and the items or related information are not owned, manufactured, sold or endorsed by the Seller.
The collection, arrangement and assembly of all content on the Website belongs exclusively to the Company.
18. Dispute Resolution
If any disputes arising out of this Agreement cannot be resolved within 30 days of their occurrence, the disputing parties agree to submit such disputes to Hong Kong law and the Hong Kong courts.
19. Applicable Laws
This Agreement shall be governed by and construed in accordance with the laws of Hong Kong. If the Buyer is a resident of a country within the European Union, the Buyer shall also have the rights protected by the mandatory provisions of the law and applicable provisions of the country of residence.