Terms of sale
Terms and Conditions of Sale and Use (T&Cs)
1. ABOUT US
LABORATOIRE LICORNETTE, a simplified joint-stock company (SAS) with a share capital of €70,000, whose registered office is located at GOUVIEUX (60270) at 6 rue Victor HUGO, registered in the Compiègne Trade and Companies Register under number 887 859 262, represented by Ms Emilie XU (hereinafter the “Company”). The Company sells the following products to its Customers via its Website: hygiene and care products for children.
2. INTRODUCTION
The Company invites Users to read these General Terms and Conditions of Sale and Use (hereinafter the “GTC”) carefully. Placing an Order implies acceptance of the GTC. The characteristics of the Products are indicated on the Website. It is the Customer’s responsibility to take these into account before making a purchase. The photographs or graphics displayed on the Website are not contractually binding. The Customer acknowledges that they have read and accepted these terms by ticking the box provided for this purpose before placing their Order online.
The Terms and Conditions govern the terms on which the Company sells its Products to its Business Customers and Consumers via its Website. They apply to all sales concluded by the Company and take precedence over any conflicting documents, in particular the Customer’s general terms and conditions of purchase. They are provided to the Customer upon request.
In the event of any subsequent amendment to the T&Cs, the Customer shall be bound by the version in force at the time of their Order.
3. DEFINITIONS
‘Customer’ means the Business or Consumer who has placed an Order for a Product sold on the Website;
‘Order’ means any order placed by a User registered on this Website;
‘Terms and Conditions of Sale and Use’ or ‘T&Cs’ means these general terms and conditions of online use and sale;
‘Consumer’ means the individual purchaser who is not acting for professional purposes and/or outside the scope of their professional activity;
‘Products’ means the tangible items that may be acquired and which are offered for sale on this Website;
‘Professional’ means a buyer, whether a legal entity or a natural person, acting in the course of their professional activities;
‘Website’ means this Website, namely www.lilikiwi.fr;
‘Company’ means Laboratoire Licornette, as further defined in Article I herein;
and ‘User’ means any person who uses the Website.
4. REGISTRATION
Registration on the Website is open to all legal entities or natural persons of legal age who have full legal capacity. Use of the Website is subject to the User’s registration. Registration is free of charge. To register, the User must complete all mandatory fields; otherwise, registration cannot be completed.
Users warrant and declare on their honour that all information provided on the Site, in particular during registration, is accurate and truthful. They undertake to update their personal information via the dedicated page available in their account. Every registered User has a username and password. These are strictly personal and confidential and must under no circumstances be disclosed to third parties, failing which the account of the offending registered User will be deleted. Each registered User is personally responsible for maintaining the confidentiality of their username and password. These details are strictly personal and confidential and must not under any circumstances be disclosed to third parties, failing which the offending registered User’s account will be deleted. Each registered User is personally responsible for maintaining the confidentiality of their username and password. The Company shall, under no circumstances, be held liable for the identity theft of a User. If a User suspects fraud at any time, they must contact the Company as soon as possible so that the Company can take the necessary measures and rectify the situation.
Each User, whether a legal entity or a natural person, may only hold one account on the Website.
In the event of a breach of the T&Cs, in particular the creation of multiple accounts for a single person or the provision of false information, the Company reserves the right to temporarily or permanently delete all accounts created by the offending User.
The deletion of the account results in the permanent loss of all benefits and services acquired on the Website. However, any Order placed and invoiced by the Website prior to the deletion of the account will be fulfilled under normal conditions.
In the event that the Company deletes an account due to a breach of the duties and obligations set out in the T&Cs, the offending User is strictly prohibited from re-registering on the Website directly, via a different email address, or through a third party without the Company’s express authorisation.
5. ORDERS
No Order may be placed until the User has registered on the Website. Once logged into their account, the User may add Products to their virtual basket. They may then view the summary of their virtual basket to confirm the Products they wish to order and place their Order by clicking the “Order” button . They must provide an address, a delivery method and a valid payment method in order to finalise the Order and effectively form the sales contract between them and the Company. Finalising the Order implies acceptance of the prices of the Products sold, as well as the delivery terms and times indicated on the Website.
Once the Order has been placed, the User will receive confirmation by email. This confirmation will summarise the Order and provide relevant delivery information. Placing an Order constitutes the conclusion of a distance selling contract between the Company and the Customer. The Company may offer the Customer price reductions, discounts and rebates depending on the number of Products available on the Website that have been ordered or on the regularity of Orders, in accordance with the conditions set by the Company.
6. PRODUCTS AND PRICES
The Products covered by these Terms and Conditions are those listed on the Website and sold and dispatched directly by the Company. The Products are described on the relevant page of the Website, and all their essential characteristics are specified. Sales are subject to availability of stock held by the Company. The Company cannot be held liable for stock shortages or the inability to sell a Product for which there is no stock. When a registered User wishes to purchase a Product sold by the Company via the Website, the price shown on the Product page is the price in euros, inclusive of all taxes (VAT included), excluding delivery charges, and takes into account any applicable discounts in force on the day the Order is placed. The price shown does not include delivery charges, which will be detailed, where applicable, in the summary before the Order is placed. If the total cost of the Products cannot be calculated in advance, the Company will send the Customer a detailed quotation setting out the price calculation formula. Under no circumstances may a User demand the application of discounts that are no longer in force on the day of the Order.
7. TERMS OF PAYMENT
Unless otherwise agreed, all sales are payable in full at the time the Order is placed. Depending on the nature or value of the Order, the Company reserves the right to require a deposit or payment of the full price at the time the Order is placed or upon receipt of the invoice. Payment may be made by: Bank transfer, Credit card via a secure connection. In the event of total or partial non-payment for the Products by the date agreed on the invoice, the Business Customer shall pay the Company a late payment penalty at a rate equal to the rate applied by the European Central Bank for its refinancing operations plus 10 percentage points. The applicable refinancing rate is the most recent one as at the date of the Order for the provision of Services. In addition to late payment penalties, any sum, including the deposit, not paid by the Business Customer by its due date shall automatically give rise to the payment of a fixed compensation of 40 euros in respect of recovery costs. In the event of total or partial non-payment for the Products by the date specified on the invoice, the Consumer Customer shall pay the Company a late payment penalty at the statutory interest rate. The Customer may not set off late payment penalties relating to the supply of the ordered Products against sums owed by the Customer to the Company in respect of the purchase of Products offered on the Website. The penalty payable by the Customer, whether a Business or Consumer, is calculated on the total amount (including VAT) of the outstanding balance, and shall accrue from the due date of the payment without the need for prior formal notice.
8. DELIVERY
Products are delivered exclusively to the following geographical areas:
- Mainland France
- Corsica
- Belgium
- Luxembourg
The Company undertakes to make every reasonable effort, both in terms of resources and personnel, to ensure that the Products are delivered as promptly as possible. Delivery times may vary depending on the Customer’s geographical location, the chosen delivery method, or the Product ordered. If the delivery deadline is exceeded by 60 days, except in cases of force majeure, the Customer may request termination of the contract by registered letter with acknowledgement of receipt, after having instructed the Company, in the same manner, to make the delivery within a reasonable additional period, and if the Company has failed to do so.
In this case, the Customer will be refunded within 30 days if payment has already been made.
In the event that delivery is impossible due to an error in the address provided by the Customer, the Company will contact the Customer as soon as possible to obtain a new delivery address, and any additional delivery costs will be borne by the Customer.
Furthermore, the Company shall not be held liable for reasons relating to delivery delays during periods of high demand, such as the festive season, for delays caused by force majeure, i.e. due to the occurrence of an unforeseeable, unavoidable event beyond its control, or for circumstances attributable exclusively to the carrier responsible for delivery.
Delivery is made, depending on the Customer’s choice and in accordance with the prices indicated on the Website, to the address provided by the Customer when placing their Order, either by standard post or to one of our partner collection points as indicated on the Website. A valid form of identification will be required to collect the Products. If this is not provided, the Products ordered cannot be handed over to the Customer
Colissimo Home Delivery – no signature required
Once we have prepared your parcel, it will be delivered to your letterbox within approximately 48 hours.
If your letterbox is not large enough and you are not at home, a delivery notice will be left, allowing you to choose a new delivery date online within 6 working days or to collect your parcel from 3 pm the following day at the post office of your choice.
If you do not make a choice, you will then be able to collect your parcel from your local post office within 15 days.
Track your parcel at any time at www.laposte.fr.
Colissimo Home Delivery – with signature
Once the parcel has been prepared by us, it will be delivered to you within an estimated 48 hours and handed over against signature. If you are absent, a delivery notice will be left allowing you to choose a new delivery date online within 6 working days or to collect your parcel from 3 pm the following day at the post office of your choice.
If you do not make a choice, you will then be able to collect your parcel from your local post office within 15 days.
Track the progress of your parcel at any time on www.laposte.fr.
Colissimo Collection Point
With Colissimo Collection Point, you can choose from several collection options to collect your parcel.
- At La Poste, you can choose the branch where you would like your parcel delivered (without it being sent to your home address first) from among the 9,000 post offices available throughout mainland France.
Once the parcel has been prepared by us, it will be delivered to you within an estimated 48 hours and you will be notified of its availability by text message and email. You can then collect it within 10 working days. After this period, your parcel will be returned to us.
Track your parcel’s progress at any time at www.laposte.fr. - With Pickup, you can choose from any of the 7,500 local retailers in the Pickup network, near your home, workplace or holiday destination, to have your parcel delivered to.
Once we have prepared your parcel, it will be delivered to you within an estimated 48 hours and you will be notified of its availability by text message and email. You can then collect it within 10 working days. After this period, your parcel will be returned to us.
Track your parcel’s progress at any time at www.laposte.fr. - With Pickup Station, you can choose one of 500 self-service collection points to have your parcel delivered to. Located along your route (train stations, underground stations, car parks, shopping centres, etc.), they are accessible 24/7 (except for collection points subject to shopping centre and transport zone opening hours).
Once the parcel has been prepared by us, it will be delivered to you within an estimated 48 hours and you will be notified of its availability by text message and email. This notification will provide you with your collection codes, allowing you to collect your parcel within 3 working days. After this period, your parcel will be returned to us.
Track the progress of your parcel at any time at www.laposte.fr.
9. COMPLAINTS
For all Orders placed on this Website, the Customer has a right to make a complaint within 10 days of the Product’s delivery. It is the Customer’s responsibility to check the apparent condition of the Products upon delivery. Unless any reservations are expressly raised at the time of delivery, the Products shall be deemed to comply with the Order. To exercise this right to make a complaint, the Customer must send the Company, at coucou@lilikiwi.fr, a statement setting out their reservations and complaints, accompanied by the relevant supporting documents (delivery note countersigned by the carrier, photographs, etc.). A complaint that does not comply with the conditions described above cannot be accepted. The Company shall repair, replace or refund the Product or its components as soon as possible and at its own expense, subject to the practical feasibility of repairing the Product or its availability in stock.
10. THE CONSUMER’S RIGHT OF WITHDRAWAL
The Consumer has a right of withdrawal for a period of 14 days from the date the Order is placed, except for the products referred to in Article L.221-28 of the French Consumer Code. To exercise this right of withdrawal, the Consumer must send a notice to the following address: coucou@lilikiwi.fr.
The Products must be returned in their original packaging and in perfect condition within 20 days of the Consumer notifying the Company of the withdrawal. The direct costs of returning the goods shall be borne by the Consumer. The Consumer shall be refunded the full amount paid for the Order within 20 days of the Company becoming aware of the Consumer’s notice of withdrawal. The refund shall be made via the same payment method used for the purchase.
11. TRANSFER OF RISK AND TITLE
The Company retains title to the Products sold until full payment of the price by the Customer. It may therefore repossess said Products in the event of non-payment. In such a case, any deposits paid shall be retained by the Company by way of compensation. For Business Customers, the transfer of risk to the Customer takes place upon handover of the goods to the carrier by the Company. For retail customers, the transfer of risk takes place upon delivery or when the goods are collected from the shop, if the customer has opted for in-store collection.
12. LEGAL WARRANTIES
The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code, as reproduced below:
Article L.217-4 of the Consumer Code: “The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from packaging, assembly instructions or installation when this has been made their responsibility under the contract or has been carried out under their responsibility.”
Article L.217-5 of the Consumer Code: “The goods conform to the contract:
1° If they are fit for the purpose usually expected of similar goods and, where applicable:
If they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
If they have the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or their representative, particularly in advertising or labeling;
2° Or if they have the characteristics defined by mutual agreement between the parties or are suitable for any specific use sought by the buyer, brought to the seller’s attention and accepted by the latter.”
Article 1641 of the Civil Code: “The seller is bound by the warranty on account of hidden defects in the item sold which render it unfit for its intended use, or which so impair that use that the buyer would not have acquired it, or would have paid a lower price, had they known of them.”
Any Product resold, altered, modified or transformed is not covered by the warranty.
This warranty is limited to the replacement or reimbursement of non-compliant Products or those affected by a defect. It is excluded in cases of improper or abnormal use of the Product, as well as where the Product does not comply with the legislation of the country in which it is delivered.
The Customer must inform the Company of the existence of defects within a period of two years. The Company will rectify Products deemed defective where possible. If the Company’s liability is established, the warranty is limited to the amount excluding tax paid by the Consumer for the supply of the Products. Replacement of Products does not extend the duration of the warranty.
13. MODIFICATIONS
The Company reserves the right to modify the Site, the Terms and Conditions (CGV/CGU), as well as any delivery procedure or other element constituting the services provided by the Company via this Site.
When an Order is placed, the User is subject to the provisions set out in the Terms and Conditions in force at the time the Order is placed.
14. PROCESSING OF PERSONAL DATA
Registration on the Site entails the processing of the Customer’s personal data. If the Customer refuses the processing of their data, they are asked to refrain from using the Site.
This processing of personal data is carried out in compliance with the General Data Protection Regulation 2016/679 of April 27, 2016. Furthermore, in accordance with the French Data Protection Act of January 6, 1978, the Customer has, at any time, the right to inquire, access, rectify, modify and object to all of their personal data by writing, by post and providing proof of identity, to the following address: coucou@lilikiwi.fr.
This personal data is necessary for processing Orders and issuing invoices where applicable, as well as for improving the Site’s functionalities.
15. SHARING OF COLLECTED DATA
The Site may use third-party companies to carry out certain operations. By browsing the Site, the Customer accepts that third-party companies may have access to their data in order to ensure the proper functioning of the Site. These third-party companies only have access to the data collected within the framework of carrying out a specific task. The Site remains responsible for the processing of this data.
Furthermore, the User may receive information or commercial offers from the Company or its partners. The User may at any time object to receiving such offers by writing to the Company’s address indicated above or by clicking on the link provided for this purpose in the emails received. Moreover, Customer information may be transmitted to third parties without their prior express consent in order to achieve the following purposes: comply with the law, protect any person from serious bodily harm or death, combat fraud or damage affecting the Company or its users, protect the Company’s property rights.
16. DATA PROTECTION
The Company ensures a level of security appropriate and proportionate to the risks incurred and their likelihood, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016. However, these measures do not constitute a guarantee and do not bind the Company to an obligation of result regarding data security.
17. COOKIES
To enable Users to benefit from optimal navigation on the Site and improved functioning of the various interfaces and applications, the Company may place a cookie on the User’s computer. This cookie stores information relating to browsing on the Site, as well as any data entered by Users (in particular searches, login, email, password). The User expressly authorizes the Company to place a file known as a “cookie” on their hard drive. The User may block, modify the retention period, or delete this cookie via their browser interface. If the systematic deactivation of cookies in the User’s browser prevents them from using certain services or functionalities of the Site, this malfunction shall not in any way constitute damage for the User, who shall not be entitled to any compensation as a result.
18. LIABILITY
The Company cannot under any circumstances be held liable for the unavailability, whether temporary or permanent, of the Website. Although it makes every effort to ensure continuous service, it may be interrupted at any time. Furthermore, the Company reserves the right, by deliberate action, to make the Site unavailable in order to carry out updates, improvements, or maintenance operations. As mentioned previously, the Company cannot be held liable for delivery delays due to causes beyond its control, independent of its will, unforeseeable and irresistible, or for which it cannot be held responsible.
19. INTELLECTUAL PROPERTY
The trademark, logo, and graphic charter of this Site are registered trademarks with the INPI and works protected by copyright, the ownership of which belongs exclusively to the Company. Any distribution, exploitation, representation, or reproduction, whether partial or total, without the express authorization of the Company will expose the offender to civil and criminal proceedings.
20. JURISDICTION CLAUSE
The law governing these Terms and Conditions is French law. Any dispute that may arise between the Company and a User in the execution of these terms will be subject to an attempt at amicable resolution. Failing this, disputes will be brought before the competent courts under common law.
21. ACCEPTANCE OF TERMS AND CONDITIONS
The Customer declares having read them and waives the right to rely on any other document, in particular their own general purchasing conditions. The Consumer acknowledges having been informed of the information and details provided for in Articles L.111-1 to L.111-7 of the Consumer Code, including: the essential characteristics of the Product; the price of the Products; the date or time frame within which the Company undertakes to provide the Service; information relating to the identity of the Company (postal, telephone, electronic contact details); information relating to legal and contractual warranties and how they are implemented; the possibility of resorting to conventional mediation in the event of a dispute; information relating to the right of withdrawal (period, methods of exercise).
22. MEDIATOR CONTACT DETAILS
Medicys, mediation center and amicable dispute resolution body for bailiffs
73 boulevard de Clichy, 75009 Paris