Terms of Sales

Date of last update: April 24, 2024

Article 1 – LEGAL NOTICES

These General Conditions of Sale (or ''CGV'') are offered by the company:

Loumio SAS (The “Company”) with capital of 3,000 euros, registered with the Paris RCS under number 978 309 755, intra-community VAT number FR 83 978 309 755, represented by Mrs. Margaux Giudicelli, whose head office is located at 53 rue de Clichy, 75009, Paris.

contact@loumio.fr

The company is publisher of the website www.loumioparis.com (The “Site”). The Site is hosted by SHOPIFY INC, located 150 Elgin Street, 8th Floor, Ottawa, ON K2P 1L4, Canada, (telephone: 1-613-241-2828).

The publication director is Madame Margaux Giudicelli, President of the Loumio company.

Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS

The general conditions of sale (the “ General Conditions of Sale ”, or the “ CGV ”) are applicable exclusively to the online sale of products offered by the Company on the Website.

The General Terms and Conditions are made available to customers on the Site where they can be directly consulted and can also be communicated to them on simple request by any means.

The General Conditions of Sale are enforceable against the customer who acknowledges, by checking a box or clicking on the button provided for this purpose, having been aware of them and having accepted them before placing the order. Validation of the order by its confirmation constitutes acceptance by the buyer of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by the Company.

Article 3 – PRODUCT DESCRIPTION

The Site is an online sales site for swimsuits and clothing (hereinafter the “ Product(s) ”) open to any natural or legal person using the Site (the “ Customer ”).

The Products presented on the Site are each subject to a description mentioning their essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document.

The Customer remains responsible for the terms and consequences of his access to the Site, particularly via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain the responsibility of the user. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site.

The Customer acknowledges having verified that the computer configuration it uses is secure and in working order.

Article 4 – CREATION OF A CUSTOMER ACCOUNT

To place an order on the Site, the Customer must first create their personal customer account. Once created, to access it, the Customer must identify themselves using their username and secret, personal and confidential password. It is the Customer's responsibility not to communicate his username and password in accordance with the provisions of the PERSONAL DATA article of these General Conditions. Each Customer undertakes to maintain strict confidentiality regarding the data, in particular identifier and password, allowing him to access his customer account, the Customer acknowledging that he is the only one responsible for access to the Service through his username and password, unless fraud is proven. Each Customer further undertakes to inform the Company without delay in the event of a loss, misappropriation or fraudulent use of their identifier and/or password.

After creating their personal customer account, the Customer will receive an email confirming the creation of their customer account.

The Customer undertakes when registering to:

• deliver real, accurate, up-to-date information at the time of entry into the service registration form, and in particular not to use false names or addresses, or names or addresses without being authorized to do so.
• maintain registration data up to date in order to permanently guarantee its real, accurate and up-to-date nature.

The Client further undertakes not to make available or distribute illicit or objectionable information (such as defamatory information or information constituting identity theft) or even harmful information (such as viruses). Otherwise, the Company will be able to suspend or terminate the Customer's access to the Site at its sole discretion.

Article 5 – ORDERS

The products presented on the Site are open for sale while stocks last.

When placing an order, the Customer must select the chosen Products, add them to their basket, indicating the selected Products and the desired quantities. The Customer has the possibility to check the details of his order and its total price, and to return to previous pages to possibly correct the contents of his basket, before validating it.

The Customer undertakes to read the General Conditions of Sale then in force before accepting them and confirming the terms and possible delivery and withdrawal costs prior to payment of his order. Confirmation of the order entails acceptance of the General Terms and Conditions and forms the contract.

The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery. The Company strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is made available to the Customer in the “my account” area. The Company also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.

Any email sent to the Customer in the context of an order will be sent to the email address that the Customer uses to identify himself in his customer area.

The Company reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that:

• The Customer does not respect the General Conditions in force at the time of his order;
• The Customer's order history shows that sums remain due for previous orders;
• One of the Customer's previous orders is the subject of a dispute currently being processed;
• The Customer did not respond to a request for confirmation of his order that the Company sent to him.

The information communicated by the Customer when placing the order (in particular name and delivery address) is binding on the Customer. Thus, the Company cannot be held liable in any way in the event that an error when placing the order prevents or delays delivery/delivery.

The Customer declares that he has full legal capacity allowing him to commit to these General Conditions.

Registration is open to capable adults and minors provided that they intervene under the supervision of the parent or guardian having parental authority. Under no circumstances is registration authorized on behalf of third parties unless you are validly authorized to represent them (legal entity for example). Registration is strictly personal to each Client.

In the event of breach by the Client of any of the provisions hereof, the Company reserves the right to terminate said Client's account without notice.

Article 6 – PAYMENT TERMS AND SECURITY

The Customer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires the payment of a price in exchange for the supply of the Product ordered.

In any event, the Company reserves the right to check the validity of the payment, before shipping the order, by all necessary means.

The Company uses Mollie and Paypal online payment solutions.

Orders can be paid using one of the following payment methods:

• Payment by credit card. Payment is made directly on the secure banking servers of the Company's bank; the Customer's bank details do not pass through the Site. The bank details communicated during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these contact details are not accessible to third parties.

The Customer's order is recorded and validated upon acceptance of payment by the bank.

The Customer's account will be debited for the corresponding amount only when (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.

The inability to debit the sums due will result in the immediate nullity of the sale.

The bank card may in particular be refused if it has expired, if it has reached the maximum spending amount to which the Customer is entitled or if the data entered is incorrect.

• Payment by Paypal. The Client already has an account on the electronic wallet used by the Company. The Customer can use this account and pay for their order in complete security without providing their bank details.

As part of the control procedures, the Company may have to ask the Customer for all the documents necessary to finalize their order. These parts will not be used for any purpose other than these.

Article 7 – PAYMENT OF THE PRICE

The price of the Products in effect at the time of the order is indicated in euros, all taxes included (TTC), excluding delivery and transport costs. In the event of a promotion, the Company undertakes to apply the promotional price to any order placed during the period of advertising for the promotion.

The price is payable in euros (€) exclusively. The price is due in full after confirmation of the order. The prices offered include discounts and rebates that the Company may be required to grant.

If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before validation of the order by the Customer. The total amount owed by the Customer and its details are indicated on the order confirmation page.

Article 8 – FORMATION OF THE CONTRACT

The contract between the Company and the Customer is formed when the Customer sends the confirmation of his order.

The Customer's attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places his order he must confirm it by the “double-click” technique, that is to say that after having selected Products added to the basket, the Customer must check and possibly correct the content of his basket (identification, quantity of products selected, price, terms and delivery costs) before validating it by clicking on “I validate my delivery”, then he acknowledges accepting these T&Cs before clicking on the “I pay” button, finally he validates his order after having filled in his bank details. The “double click” constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes irrevocable and unreserved acceptance of the order by the Customer.

The archiving of communications, purchase orders and invoices is ensured by the Company on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, purchase orders and invoices may be produced as proof of the contract. Unless proven otherwise, the data recorded by the Company on the Internet or by telephone constitutes proof of all transactions between the Company and its Clients.

Article 9 – RESERVATION OF OWNERSHIP

The Company remains the exclusive owner of the Products ordered on the Site until receipt of the full price, including any shipping costs.

Article 10 – SHIPPING AND DELIVERY

The online sales offers presented on the site are reserved for consumers residing in France or DROM-COM, or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.

Delivery means the transfer to the Customer of physical possession or control of the Product.

Delivery is carried out by the partners of the Loumio Company, in particular the companies Colissimo, Chronopost and Mondial Relay.

Shipping costs are those specified when finalizing the order and are accepted upon validation of the order.

Indicative delivery times are announced in working days on the Site when ordering. They may vary depending on the delivery method chosen and the location of destination.

However, if one or more Products cannot be delivered within the time initially announced, the Company will send an email informing the Customer of the new delivery date.

The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to him to check that this address does not contain any errors. The Company cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.

Upon delivery, it is the Customer's responsibility to check that the Products delivered comply with their order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery slip. No complaint about the quantity or condition of the Product will be accepted if the complaint has not been included on the delivery slip.

Article 11 – RIGHT OF WITHDRAWAL

If a delivered Product does not give complete satisfaction to the Customer, the latter may return it to the Company. The Customer will have fourteen (14) days to do so from the date of receipt of the order.

In accordance with article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of articles L. 221-18 et seq. of the Consumer Code, the Customer is invited to complete the standard withdrawal form by clicking on the link below:

 

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of the company LOUMIO 53 rue de Clichy 75009 Paris
I…………. hereby notifies you of my withdrawal from the contract relating to the sale of the property below: ………………..
Ordered on …………/received on ………………..
Client name :
Customer Address:
Signature of the Client (only in the event of notification of this form on paper):
Date :

In the event of withdrawal within the legal period, the return costs will be covered by the Company.

The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories.

In addition to the returned Product, the return package must also contain a letter specifying the exact and complete contact details (surname, first name, address) of the Customer as well as the order number, and the original purchase invoice.

The Company will reimburse the Customer for the amount of the Product within fourteen (14) days from receipt of the Product and all the elements enabling the Customer to be reimbursed. This reimbursement may be made by the same means of payment as that used for the Customer. As such, the Customer who has paid for his order in the form of credits / gift vouchers may be reimbursed by credits / gift vouchers according to the wishes of the Company.

By accepting these General Conditions of Sale, the Customer expressly acknowledges having been informed of the withdrawal procedures.

Article 12 – CUSTOMER SERVICE

The Customer can contact the Company by email at contact@loumio.fr indicating their name, telephone number, the subject of their request and the number of the order concerned.

Article 13 – INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE

The Company is the sole owner of all elements present on the Site, in particular and without limitation, all texts, files, animated or non-animated images, photographs, videos, logos, designs, models, software, brands, visual identity, database, structure of the Site and all other intellectual property elements and other data or information (hereinafter, the “ Elements ”) which are protected by French and international laws and regulations relating in particular to intellectual property.

Consequently, none of the Elements of the Site may in whole or part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way. , free of charge or for a fee, by a Client or by a third party, whatever the means and/or supports used, whether known or unknown to date, without the express prior written authorization of the Company at case by case, and the Customer is solely responsible for any unauthorized use and/or exploitation.

The Company reserves the right to take legal action against persons who have not complied with the prohibitions contained in this article.

ARTICLE 14 – LIABILITY AND GUARANTEE

The Company cannot be held responsible for non-performance of the contract due to the Customer or due to an event classified as force majeure by the competent courts or even due to the unforeseeable and insurmountable act of any third party herein.

The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions over the Internet. Therefore, the Company does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their use may be temporarily interrupted due to maintenance, updates or technical improvements, or to change their content and/or their presentation.

The Company cannot be held responsible for any use made of the Site and its services by Clients in violation of these General Conditions and for any direct or indirect damage that this use could cause to a Client or a third party. In particular, the Company cannot be held responsible for false declarations made by a Client and for their behavior towards third parties. In the event that the Company's liability is sought due to such behavior of one of its Clients, the latter undertakes to guarantee the Company against any conviction pronounced against it as well as to reimburse the Company for the all costs, including attorneys' fees, incurred for his defense.

Independently of any additional contractual guarantee (commercial guarantee) which may be granted, the Products benefit from the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the Consumer Code (in particular L. 217-4 to L. 217 -14 of the Consumer Code), and the guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.

When you act within the framework of the legal guarantee of conformity:

• you benefit from a period of two (2) years from delivery of the goods to act:
• you can choose between repairing or replacing the goods, subject to the cost conditions provided for by article L. 217-9 of the Consumer Code

You can decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In this case, you can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.

Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Consumer Code, articles 1641, 1644 and the first paragraph of article 1648 of the Civil Code, as in force on the date of these General Conditions of Sale:

Art. L.217-4 of the Consumer Code:

“The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »

Art. L.217-5 of the Consumer Code:

“The property complies with the contract:

1° If it is suitable for the use usually expected of similar goods and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »

Art. L.217-7 of the Consumer Code:

“Defects of conformity which appear within a period of twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.

For goods sold second-hand, this period is set at six months.

The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. »

Art. L.217-9 of the Consumer Code:

“In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.

Art. L.217-12 of the Consumer Code:

“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. »

Art. 1641 of the civil code:

“The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or He would have given only a lower price if he had known about them. »

Art. 1644 of the civil code:

“In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded. »

Art. 1648 paragraph 1 of the civil code:

“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »

Please note that the search for amicable solutions prior to possible legal action does not interrupt the time limits for legal guarantees or the duration of any possible contractual guarantee.

ARTICLE 15 – PERSONAL DATA 

For more information regarding the Company's use of personal data, please carefully read the Privacy Policy (the “ Privacy Policy ”). You can consult this Privacy Policy at any time on the Site.

Article 16 – HYPERTEXT LINKS

The hypertext links available on the Site may refer to third-party sites not published by the Company. They are provided solely for the convenience of the Customer, in order to facilitate the use of resources available on the Internet. If the Customer uses these links, he will leave the Site and then agree to use third-party sites at his own risk or, where applicable, in accordance with the conditions which govern them.

The Customer acknowledges that the Company neither controls nor contributes in any way to the development of the conditions of use and/or the content applying to or appearing on these third-party sites.

Consequently, the Company cannot be held responsible in any way whatsoever due to these hypertext links.

Furthermore, the Customer acknowledges that the Company cannot endorse, guarantee or take over all or part of the conditions of use and/or the content of these third-party sites.

The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Company.

The Company invites the Customer to notify it of any hyperlink present on the Site which would allow access to a third-party site offering content contrary to the laws and/or good morals.

The Client may not use and/or insert a hyperlink pointing to the site without the prior written consent of the Company on a case-by-case basis.

ARTICLE 17 – GENERAL PROVISIONS

ENTIRE AGREEMENT OF THE PARTIES

These General Conditions constitute a contract governing the relationship between the Client and the Company. If one or more stipulations of these General Conditions are declared void in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope. Furthermore, the fact for one of the parties to these General Conditions not to take advantage of a failure by the other party to any of the provisions of these General Conditions cannot be interpreted as a waiver on their part of avail themselves of such a breach in the future.

CHANGES TO TERMS

The Company reserves the right to modify at any time and without notice the content of the Site or the services available there, and/or to temporarily or permanently cease operating all or part of the Site.

In addition, the Company reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Conditions. The Customer is therefore required to refer to these General Conditions before using the Site.

The Customer acknowledges that the Company cannot be held responsible in any way towards him or any third party as a result of these modifications, suspensions or cessations.

The Company advises the Client to save and/or print these General Conditions for safe and lasting storage, and thus be able to invoke them at any time during the execution of the contract if necessary.

COMPLAINT – MEDIATION

In the event of a dispute, you must first contact the company's customer service at the following contact details: contact@loumio.fr .

In the event of failure of the complaint request to customer service, the Customer may submit the dispute relating to the purchase order or these T&Cs opposing him to the Operator to the following mediator: The Consumer Mediation Center Justice Conciliators, located 49 rue de Ponthieu 75008 Paris, by contacting them by email at cm2c@cm2c.net  

The mediator will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

APPLICABLE RIGHT

These General Conditions are governed, interpreted and applied in accordance with French law.

ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER

The Customer acknowledges having read these General Conditions carefully.

By registering on the Site, the Customer confirms having read the General Conditions and accept them, making him contractually bound by the terms of these General Conditions.

The General Conditions applicable to the Customer are those available on the date of the order, a copy of which dated to date can be given to the Customer upon request, it is therefore specified that any modification of the General Conditions which is made by the Company will not be will not apply to any order placed previously, unless expressly agreed by the Customer at the origin of a given order.