General terms and conditions of sale
preamble
The following provisions establish the general terms and conditions of sale of the products offered by HAPPY LIBELLULE, on its website: www.happylibellule.com
HAPPY LIBELLULE is a SARL with capital of €500, whose head office is located 6 route of the beaches, 83990 Saint-Tropez and registered in the register of Commerce and companies of Fréjus under the number 532801545.
Article 1 – application
These general terms and conditions of sale are intended to govern the contractual relations between www.happylibellule.com, hereinafter referred to as HAPPY Libellule, and any person making a purchase through the site www.happylibellule.com, hereinafter referred to as buyer.
By becoming a member and/or customer, the membership of HAPPY LIBELLULE implies the full and unqualified acceptance of all the General conditions of sale by ticking the box set up for this purpose.
Reciprocally, HAPPY LIBELLULE undertakes to respect its obligations under these terms of sale.
HAPPY LIBELLULE reserves the right to modify at any time its general terms and conditions of sale. In this case, the applicable conditions shall be those in force on the date of the order made by the purchaser.
Article 2 – registration
It is not obligatory to be registered to access all products for sale on the site, except special operations. Membership is acquired only after identification.
HAPPY LIBELLULE reserves the right to accept or reject a member or to review access rights at any time.
The new Member receives a confirmation email, to the email address previously filled in the form, which validates his registration to HAPPY LIBELLULE.
The Member then holds a personal account on which he can make purchases.
The Member shall be responsible for the use and retention of his/her password.
In the event of loss, theft or communication of your password to a third party, the Member is prompted to reset its password through the my account section.
By registering with HAPPY LIBELLULE, the Member agrees to receive by email invitations to sales and newsletters.
Article 3 – products
HAPPY LIBELLULE strives to implement a complete description of the products available through descriptions, features and photographs.
The characteristics appearing on the descriptive sheets of the products offered by HAPPY LIBELLULE are based on the data provided by the suppliers.
HAPPY LIBELLULE is committed to providing the most faithful pictures possible, to visualize the product in situation. In the spirit of a perfectibility of the site, HAPPY LIBELLULE urges members to report any erroneous information that might appear on a product sheet.
The products offered for sale are sold for an indefinite period by HAPPY LIBELLULE and within the limit of available stocks.
Article 4 – price
The prices displayed on HAPPY LIBELLULE are shown in euros and all taxes included.
Product prices do not include participation in postage., except special operations. Special packaging and any special requests (sending abroad, sending fast, by courier) will be invoiced. The amount of the participation in the shipping costs varies depending on the destination, provided that the delivery takes place in the geographical area provided for in article 10.
The amount of the shipping fee is indicated at the time of the order validation and is subject to the buyer's acceptance. If the delivery is said to be free in a geographical area, then the product will not be subject to the shipping costs of the same geographical area.
HAPPY LIBELLULE reserves the right to modify its prices at any time, being however understood that the products will be invoiced on the basis of the rates in force at the registration of the order.
Article 5 – ordering procedures
Orders can only be made on www.happylibellule.com.
Any buyer declares and guarantees to have the legal capacity to order on HAPPY LIBELLULE.
The purchaser certifies, at the date of the order, to be at least 18 years of age or to hold a legal authorisation to make a purchase on HAPPY LIBELLULE.
The buyer also guarantees that he is fully empowered to use the credit card provided for the transaction and that it is not a card used fraudulently, and then undertakes that it is sufficiently provisioned to cover the purchases made.
Any purchase operated on www.happylibellule.com will be deemed to have been made by the account user. All the data recorded by HAPPY LIBELLULE constitute proof of the transactions placed by the buyer on www.happylibellule.com.
The order is validated only when the buyer has double-clicked, in accordance with the law on confidence for the digital economy of 21 June 2004: the first time to place the order and a second time to confirm it. The confirmation will be the signature and acceptance of the transactions carried out.
HAPPY LIBELLULE then e-mail the confirmation of the registered order, subject to the entire settlement then, a second mail is sent to the Member when shipping the products with the tracking number, according to the chosen carrier.
Upon validation of your order, the information is immediately forwarded to our logistics provider so that your order can be prepared and sent as soon as possible. It is therefore no longer possible for us to modify its content and the information provided during the passage of your order (delivery address, size, color...). You have a 30-day delay to return a product to us. Do not hesitate to consult our section: delivery and returns information.
Article 6 – terms of payment
The payment of the order is made by credit card via our partner CIC.
The order confirmed by HAPPY LIBELLULE will only be effective from the agreement of the bank payment centers. In case of refusal of the banking institution, the order will be automatically suspended and HAPPY LIBELLULE will take care to report it to the buyer by email.
In addition, HAPPY LIBELLULE reserves the right to refuse any order from a buyer with whom there is a dispute.
Article 7 – security of payments
HAPPY LIBELLULE uses the CIC security system, which is to effectively encrypt all banking information with software.
No third party has access to the confidential information relating to the payment. As a result, the Member's bank details, wishing to make his purchases by credit card, will be required for each new order. In any event and as a result of a payment on www.happylibellule.com, HAPPY LIBELLULE does not retain and collect confidential Bank data from its customers. The credit/debit card number is never retained.
Article 8 – unavailability of products
Despite all the precautions implemented, a product ordered and purchased could be unavailable.
In the event of an unavailability of a product ordered before the end of its dispatch, HAPPY LIBELLULE informs the purchaser by email, within a maximum of one week, under what period this product could be delivered. In any event, the delivery of a product may not exceed 12 days, subject to full payment of the price.
In case of permanent unavailability, in accordance with the provisions of article L 121.20.3 of the consumer code, HAPPY LIBELLULE undertakes to reimburse the product in full, by automatic transfer to the account with which the purchaser has regulated his order, as soon as possible, no later than fifteen days after the date of payment of the order.
An email will be sent to the buyer to report that his card has been credited and that his purchase is now refunded.
Article 9 – terms of delivery
Orders made on www.happylibellule.com are delivered in metropolitan France by several different carriers: Colissimo (La Poste), Chrono 13 (Chronopost) and in relay point (Mondial relay).
For any other country via Colissimo international and Chronopost International.
Orders are shipped to the delivery address, indicated at the time of ordering, and are only relevant to the above geographical areas. Neither the carrier nor HAPPY LIBELLULE can be held responsible for a non-delivery due to an incorrect or incomplete delivery address.
In any case, the delivery times in working days are indicated when the order is finalized and HAPPY LIBELLULE notifies the buyer by email of the shipment of his parcel with his tracking number.
For any order placed before 7pm in business day, the expedition will take place the following day, except in case of force majeure.
The fact that the purchaser is absent at the time of delivery cannot be considered a delay. In case of different cases of force majeure recognised by French jurisprudence, delivery times may be extended.
In case of delayed delivery, the customer must contact HAPPY LIBELLULE at the address contact@happylibellule.com or via the contact form to open a survey with the chosen carrier. The shipping costs may be refunded to the customer if the carrier investigation declares the delay. An investigation result can take up to 30 working days.
In case of non-receipt of a parcel within the time indicated and a consignment has been dispatched, the buyer has 30 days to claim his parcel. A survey is conducted by HAPPY LIBELLULE with the carrier and can take several days, up to 30 working days. During this period no refund or referral will be made. Once this time has passed, HAPPY Dragonfly will no longer be able to carry out an investigation.
In case of parcels declared delivered by the carrier but not collected by the purchaser HAPPY Dragonfly will not be held responsible and undertakes to compensate its customers in the form of having or returning items of the order unreceived following investigation open to the carrier. No refunds will be made.
Upon receipt of your order, we strongly recommend that the purchaser check the conformity of the delivered products or refuse his parcel if it appears damaged.
Article 10 – right of withdrawal
In accordance with the provisions of article L221 of the consumer code, the purchaser has a period of fourteen days to exercise his right of withdrawal from the date of receipt of his order.
Returned products that have been worn, incomplete, damaged or broken are not included. Returns are accepted if the returned products remain the same as their shipment, with the original packaging, certificates and labels.
The purchaser must fill out the withdrawal form, print it and accompany it on return, then send it to the address below:
HAPPY Dragonfly-return service
6 beaches route
83990 Saint-Tropez
FRANCE
The refund is made to the purchaser within 7 days of the date of receipt of the withdrawal. For more information, see the shipping and returns section.
Article 11 – warranty and liability
The responsibility of HAPPY LIBELLULE cannot be incurred in the event of any damage which would arise from misuse of a product.
No compensation may be sought outside those provided for in the consumer code. If a problem arises, the buyer first contacts HAPPY dragonfly in order to obtain an amicable solution, at the email address: contact@happylibellule.com or on the contact form.
As part of the legal guarantee of conformity if the property ordered by the purchaser presents a defect of conformity existing during the issuance, HAPPY dragonfly, according to what can be done, undertakes:
replace the product or service of the Member with an identical product or service according to the available stocks,
Exchange a product or service for a product or service of quality and equivalent price according to the available stocks,
refund the price of the product or service ordered within 30 days of the buyer's request if the replacement of an identical or equivalent product or service proves impossible.
Article L217-4 consumer code
HAPPY dragonfly is obliged to deliver a good in accordance with the contract and responds to the defects of conformity existing during the issuance. It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when it has been put to its charge by the contract or has been carried out under its responsibility.
Article L217-5 consumer code
In order to comply with the contract, the property must:
Be specific to the usual expected use of a similar property and, if applicable:
correspond to the description given by the seller and possess the qualities which he has presented to the purchaser in the form of a sample or a model;
present the qualities that a purchaser may legitimately expect in relation to the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
present the characteristics defined by mutual agreement by the parties or be specific to any special use sought by the purchaser, brought to the knowledge of the seller and which the latter has accepted.
Article L 217.7 consumer code
Defects in conformity that appear within twenty-four months from the issuance of the property are presumed to exist at the time of issue, unless proven otherwise.
Article L 217.10 consumer code
If the repair and replacement of the property is impossible, the buyer can return the property and be refunded the price or keep the property and be returned part of the price. The same Faculty is offered to him:
If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's claim;
Or if this solution can be without a major disadvantage for it given the nature of the property and the use it seeks. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.
Article L217-12 consumer code
The action resulting from the lack of conformity is prescribed by two years from the issuance of the property.
Article 12 – intellectual property
All elements of the site www.happylibellule.com are and remain the intellectual and exclusive property of HAPPY LIBELLULE.
As such and in accordance with the provisions of the intellectual property code, no one is allowed to reproduce, exploit, rebroadcast, or use in any way whatsoever other than private, even partially, without the agreement of HAPPY Dragonfly.
Any affixing of a simple or hypertext link, using the technique of "framing" or "deep linking" to the site www.happylibellule.com is strictly forbidden.
www.happylibellule.com or any other part of this site is strictly forbidden for reproduction, copying and exploitation, for any purpose, without express and written permission.
Any copying, use for commercial reasons and any parasitism based on the same method of sale as HAPPY dragonfly is strictly forbidden and may give rise to prosecution and penalties, in respect of infringement of property rights Intellectual.
Article 13 – confidential data
All information and data of the members is strictly confidential. HAPPY LIBELLULE undertakes to use this information exclusively in connection with the operation of its site. As such, HAPPY LIBELLULE undertakes neither to market or rent to a third party all the data concerning the members. In accordance with the provisions of article 34 of the law on information and freedoms of 6 January 1978, members have the right to access, modify and suspend data concerning them. To do this, the Member can exercise it by writing online in the contact section or by clicking on "unsubscribe to the newsletter" on the last newsletter received.
HAPPY Dragonfly undertakes to immediately remove members wishing to leave their database.
For further information, we remain at your disposal.
Email us at: contact@happylibellule.com