MY LOVELY THING

TERMS AND CONDITIONS OF SALE

PROFESSIONALS

 

1. DEFINITION

Item: Products of any kind offered for sale on the Site and under the Trademark

Client: an individual trader or corporate body placing the Order and holding full legal capacity.

MY LOVELY THING: trade name of the  Limited Liability Sole Proprietorship (EIRL) named Pertriaux Jeudi, registered on February 7th, 2017 under the number 510 653 173 00037 with head-office at 20 Boulevard Arthur Verdier, la Rochelle (17000), France.

Order: commitment to purchase all the Items selected by the Client via the ecommerce service of the Site.

Trademark: French Trademark My Lovely Thing No. 4 215 683, filed and duly registered at the French National Institute of Industrial Property (INPI) on January 29th, 2016.

Site: website produced by MY LOVELY THING and accessible at the address www.mylovelything.com.

2. PREAMBLE

These general terms of sale (hereinafter "TOS") exclusively apply between the Client and MY LOVELY THING and are applicable without restriction or reserve to all the Items offered for sale on the Site.

Any Order on the Site is conditional upon the prior consultation and acceptance, without reserve, of these TOS and applicable tariffs by the Client. The validation of an Order following the order procedure offered on the Site requires acceptance of these TOS.

These TOS shall take precedence over any other document. However, MY LOVELY THING can discretionary chose to vary certain terms and conditions of these TOS by setting up specific terms and conditions of sale.

3. ATTENTION

MY LOVELY THING reserves the right to modify, amend, from time to time, the TOS. As the TOS are the subject of modifications, the applicable conditions are those in effect on the Site on the day the Order is placed. 

4. ORDER OF ITEMS

4.1. CREATION OF A CLIENT ACCOUNT

Placing an Order via the Site requires the prior creation of a Client account. This account is strictly personal and enables an individual to log in before placing an Order.

This creation is free and at no charge, and can be made through the "Sign in" section. Creation of a Client account is completed by the Client by filling out the form requesting identification information. This entry is made under his/her full responsibility, control and direction. The Client is committed to providing complete, accurate and timely information, and not to assume the identity of a third party, nor hide or change his/her age. The Client chooses his/her username and password, which are personal and confidential, and the Client is solely responsible for them. The Client undertakes to keep his/her password secret and to not disclose it under any context and for any reason whatsoever. If it is suspected that a username and password has been used by a third party, the Client must alert MY LOVELY THING to change his/her password and/or choose to close his/her account.

MY LOVELY THING reserves the possibility to close any Client account and refuse any sale to a Client in the following cases:

  • lack of payment for one or several past Orders,
  • abuse, unfair or fraudulent use of the Order service provided on the Site or failure to respect any of the Client's obligations set out in the TOS.

In this case, MY LOVELY THING will send an email to the Client concerned, via the address communicated by the latter during the creation of his/her Client account, informing the deactivation of his/her username and password and the closing of the account.

 

4.2. ITEM AVAILABILITY

The Items available for sale are those appearing on the Site. The offers and prices are valid as long as they are visible on the Site and within the limit of available product stock.

MY LOVELY THING reserves the right to remove from sale, at any time, any Item present on the Site and/or replace or modify any information associated with the Items appearing on this Site.

The Items for sale on the Site are available for worldwide deliveries.

 

4.3. ITEM CHARACTERISTICS

The characteristics of Items sold on the Site (photographs, graphics, descriptions of items, etc.) are purely indicative and may vary over time. They are not contractual.

Only the image of the Item shown at the time of the Order may be taken into consideration by the Client.

 

4.4. ORDERING ITEMS

Placing an Order requires the registration of the Client or the logging in of the Client into the Client Account. He/She declares being at least 18 years old and having full legal capacity or if he/she is a minor, guarantees having parental permission to place his/her Order.

To place an Order, the Client must follow the online purchase process:

  • Selection of Items and Add to Cart
  • Proceed to checkout
  • Registration to the Client account
  • Chose the shipping option
  • Chose the payment option and acceptance of these TOS
  • Payment validation

The payment of the Order imply acceptance of these TOS, the price of the Items and the content of the Order.

After validation of payment, MY LOVELY THING accepts or refuses the Order. In case of acceptance, MY LOVELY THING sends an order confirmation email to the Client, informing him/her of the shipping of the Item(s).

MY LOVELY THING cannot in any case be held responsible in the event of an input error or transmission of an input error not allowing the issuance of the confirmation email and/or Items.

For any question regarding the tracking of the Order, the Client must contact Client service via the “Contact us” page of the Site. 

 

4.5. PRICES OF ITEMS

The prices are indicated on the Site in Euros (€), all taxes included, notably the VAT applicable at the Order date. Any new taxes or contributions, notably environmental, may be added to the retail price of the Items. The prices of the products do not include delivery costs (transport, packaging and handling of packages according to the amounts in effect). The shipping costs are specified on the Site before validation of the Order.

MY LOVELY THING reserves the right to modify the prices of Items at any time, the Items being invoiced based on the rates in effect at the time of the validation of each Order.

THE ITEMS REMAIN THE FULL PROPERTY OF MY LOVELY THING UNTIL COMPLETE PAYMENT OF THE PRICE, WHICH THE CLIENT RECOGNISES AND ACCEPTS.

 

4.6. PAYMENT OF THE ORDER

The price invoiced to the Client is the price indicated in the Order confirmation sent to the Client by email.

The Order is payable immediately, by bank card (CB, Visa, MasterCard, American Express), payment account (Paypal), bank transfer or bank check. In this case, the check shall be issued by a French bank to the order of MY LOVELY THING (20 boulevard Arthur Verdier, 17000 LA ROCHELLE, France). The order Items will be kept upon seven (7) days from the Order date. If the Check is not received after this deadline, MY LOVELY THING is free to cancel the Order of the Client. In this case, the check will then be send back to him/her.

The transactions carried out on the Site are entrusted to the Crédit Agricole secure online payment platform and to Paypal.

The first Order must be payed cash, in accordance with the abovementioned procedure. The payment of further Orders may be, at MY LOVELY THING sole discretion, progressive or deferred, with a maximum delay of thirty (30) calendar days.

 

4.7. PAYMENT DELAY AND PENALTIES

The Order must be payed immediately, or within the delay indicated on the invoice sent by MY LOVELY THING, and never exceed a thirty (30) days delay following the shipping date of the Order.

If MY LOVELY THING do not receive the payment within such delay, a late payment penalty is applied on the TTC amount of the invoice and at a rate equal to three times the statutory rate of interest applicable on the issue date of the invoice. These late fees can be requested by right, without prior notice, until full payment has been made.

When applicable, a fixed allowance of 40€ is also due by the Client to MY LOVELY THING for recovery costs.

5. DELIVERY OF ITEMS

5.1. DELIVERY CONDITIONS

Items are delivered worlwide.

The Client will receive an order number by e-mail, confirming that his Order has been received and accepted. He/She will be informed by email about the various stages of his Order: when the items are dispatched, etc.

The ordered Items will be delivered within a period not exceeding thirty (30) calendar days from the date on which the Order was received, provided that the whole price has been paid.

When preferable for the Client considering the quantity of ordered Items or the available stock of such Items, MY LOVELY THING will offer the Client to be partially delivered: a first delivery of ready Items, and a second and final delivery with the remaining Items, in a delay indicated by MY LOVELY THING in a email sent to the Client.

The Client can make a selection from several delivery modes.

The Client is informed that it is his duty to provide the accurate information required for proper dispatch of his Order and its delivery (access code, access specifications, for example).

If the Client is absent when delivery is made, a delivery notification how is parcel is to be stored and made available to him, at the complete and sole responsibility of the carrier.

If the delivery address furnished by the Client is invalid, thus resulting in a return of the parcel due to non-receipt at the indicated address, the cost of resending the parcel will be paid by MY LOVELY THING.

A delivery note is included in the parcel, providing a summary of the items ordered and effectively delivered.

The Client assumes all the risks related to the items from the date of their delivery.

 

5.2. LEAD TIMES

The items are delivered to the delivery address indicated by the Client in the Order at the latest on the date indicated during the Order and according to the country of delivery.

MY LOVELY THING uses its reasonable endeavors to deliver the Items upon eight (8) days following the Order, and undertakes to a maximum period of thirty (30) calendar days.

In the event that delivery should take more than seven (7) working days in excess of the maximum delivery period mentioned above, the Client may contact MY LOVELY THING by e-mail to have delivery made within a reasonable additional period. In the event of non-adherence to this new period, the Client may ask MY LOVELY THING by e-mail to cancel his Order. The contract and thus the sale will be deemed to have been terminated when MY LOVELY THING receives an e-mail or letter in which the Client informs MY LOVELY THING of his decision, provided that delivery did not take place between the time of sending and receipt of the Client's e-mail or letter. If the Order should be definitely cancelled, the Client will be reimbursed for the price paid for his Order within a period of fourteen (14) calendar days following confirmation of the cancellation by e-mail.
In the event that the Client should receive the parcel after cancelling his Order,
MY LOVELY THING will reimburse the items and return costs on receipt of all the items in their undamaged original state.

Each delivery shall be deemed to have been made once the parcel has been made available to the Client by the carrier, notably as indicated in the control system used by the carrier.

If the parcel is damaged or if the Item does not correspond to the Client's Order, the Client is granted a period of thirty (30) calendar days from the dispatch date to initiate the return proceedings as described in Section 5.3. below.

MY LOVELY THING cannot be held responsible for any delay in delivery due entirely to the unavailability of the Client following several attempts by the carrier to arrange for delivery.
 

5.3. RETURNS

In the event that an Item that does not correspond to the Client's Order is delivered, or that it should be damaged in transit, the Client may return the said Item to MY LOVELY THING, following the procedure set out below.

This reimbursement procedure is to be followed for any exchange in an effort to save the Client any delays and exchange procedures that could constitute a major inconvenience for the Client.

Once the returned Items have been verified, MY LOVELY THING undertakes to reimburse the Client as soon as possible and at the latest within thirty (30) calendar days following the date of receipt of the return parcel, making payment into the bank or payment account of the Client used to pay for the Items, or a check at the Client order.

The return procedure of the damaged or not-corresponding Items is as follows:

  • The item must be returned in its full original packaging (accessories, packaging materials…) and in a perfect state, by Colissimo. Damaged, dirty or incomplete Items will be refused.
  • Shipping fees are reimbursed by MY LOVELY THING only if the Order is returned in full and perfect state with fourteen (14) days.
  • The Client cann ask MY LOVELY THING for an alternative solution: the delivery of a new Item to replace the damaged one. MY LOVELY THING is free to accept or refuse this demand.

6. CLIENT SERVICES

For any information or question, to follow orders, to exercise the right to cancel and return an order or to obtain warranty service, the Client must contact our Client service by email via the contact form located on the contact page or by phone 00 800 726 376 00 (free).

7. RESPONSIBILITY

MY LOVELY THING reserves the right to modify the information contained in this Site at any time and without notice.

MY LOVELY THING undertakes to describe with great accuracy the Items sold on the Site and to ensure under the best possible conditions the updating of the information that is disseminated. However, MY LOVELY THING cannot guarantee the accuracy, precision or comprehensiveness of the information made available to Clients on the Site. In case of no substantial differences between the presentation photographs of Items on the Site, texts and illustrations and the items ordered, the responsibility of MY LOVELY THING will not be committed.

The responsibility of MY LOVELY THING cannot be retained in the event that one of its contractual obligations is not fulfilled resulting from a fortuitous circumstance or force as defined by case law rendered by French courts. Notably, MY LOVELY THING shall not be held responsible for any non-performance or delay in the execution of Orders, caused by events outside its control. The execution of the TOS shall be suspended for as long as the case of force continues and the execution and delivery lead times shall be extended accordingly. MY LOVELY THING will endeavor as far as possible to end the case of force or to find a solution allowing it to fulfil its contractual obligations despite it.

MY LOVELY THING is solely responsible for any damage that is direct and foreseeable at the time of use of the Site or the conclusion of the sales contract with the Client, to the exclusion of all indirect damages.

8. INTELLECTUAL PROPERTY

MY LOVELY THING is the exclusive holder of the intellectual property rights over the Items sold on the Site, the trademarks associated with the Items and the Trademark MY LOVELY THING, over the whole Site, and notably on its layout, organization and titling of categories, the visual and graphic identity, its design, its ergonomics, its features, text, animated or fixed images, drawings, graphics and any other element making up the Site, over the databases, their structure and their content, designed and managed by MY LOVELY THING for the editing needs of the Site, over all the design elements of the Site whether graphic or technical,

It is therefore forbidden to reproduce in any form whatsoever, directly or indirectly, the items listed in the preceding paragraph, as well as alter the drawings, trademarks, names, acronyms, logos, colours, graphics or other signs appearing on the elements provided within the Site, and more generally to use or exploit these elements other than in connection with the execution hereof.

As such, the reproduction or use of all or part of these elements is only authorized for the purposes of information for personal and private use, any reproduction and any use of copies made for other purposes is expressly prohibited. Any other use, without the prior and written permission of MY LOVELY THING constitutes infringement and shall be punished according to intellectual property regulations.

9. LICENCE

MY LOVELY THING grants a license that is limited to the access and use of the Site for professional use of the Site to the Client. In no case is the Client authorized to download or modify all or part of this Site without the written and express permission of MY LOVELY THING. The Client cannot use techniques allowing a trademark, logo or any other information (notably images, text, models) of which MY LOVELY THING is the owner to be copied without its express and written consent.

10. PROTECTION OF PERSONAL DATA

Some Client’s personal information are collected on the Site, with his/her consent, and are intended for MY LOVELY THING, who undertakes to protect them and treat them with the strictest confidentiality, in accordance with the provisions of Act 78-17 of 6 January 1978 relating to data privacy and the European General Data Protection Regulation of April 27th, 2016.

The personal information and data of Clients is required to manage the Orders and relationships with Clients. These data are not transferred to anyone, and are only collected and stored for the abovementioned purpose.

The Client has a right to access, change, oppose and suppress personal information concerning him/her, by sending an email or letter to MY LOVELY THING Client Services. 

11. RETAIL OUTLET LOCATION

For placing an Order, the Client indicates MY LOVELY THING the name, address and website of its boutique(s) / retail store(s) where the Items will be offered for sale. This location is used by MY LOVELY THING to show on its Site the retail stores of its products throughout the world, via the section “Our stores”.

The Client may oppose to this location by sending a dedicated demand to MY LOVELY THING via its Client service.

12. APPLICABLE LAW

These TOS are subject to French law. Any dispute will fall under the exclusive competence of the French courts within the jurisdiction of the Client's domicile, if no amicable agreement is reached between the Client and MY LOVELY THING.