Terms and conditions
The Website is managed by the LE VIVANT SAS company, a simplified joint stock company.
RCS number: Paris 878 595 057
VAT number: FR12 878595057
The CUSTOMER can contact the COMPANY:
- By email at contact[a]le-vivant.com
- By post: LE VIVANT Paris , 34 avenue Ledru Rollin 75012 Paris.
Field of application
All commercial operations carried out by our Company are subject to these terms and conditions (the “Terms and Conditions”) which govern the contractual relationships between all users of the website https://www.le-vivant.com (the “Website”) who wish to make a purchase via the Website (the “Customer”) and the company LE VIVANT SAS, whose registered office is located at 4 avenue Ledru Rollin, 75012 and registered with the Paris register of companies and trade under the number 878 595 057, (“LE VIVANT PARIS”).
LE VIVANT PARIS may need to modify certain provisions within these Terms and Conditions at any time. As a result, it is necessary to familiarise yourself with the current version on the day that you place an order on the Website. These modifications are enforceable as from the time they are posted online and will be applied to orders placed subsequently to their appearance online.
Any purchase on the Website is subject to all the clauses in the Terms and Conditions. The Customer will be unable to confirm their order until they have carefully read the Terms and Conditions. By agreeing to the Terms and conditions, the Customer declares that they have the legal capacity to conclude a contract under the meaning of articles 1123 et seq. of the French Civil Code.
The following terms need to be defined for the correct understanding of the Terms and Conditions:
Territory: means France (including French overseas departments and territories), Belgium, Switzerland and Luxembourg.
User: means any person located within the Terriory who connects to the Website.
THE PRODUCTS SOLD
The products sold by LE VIVANT PARIS on the Website (the “Products”) are described on the Website. They will the be subject of an individual product sheet that will, as a minimum, present the essential characteristics of the product based on information provided by partners, suppliers and manufacturers. The characteristics described are for reference only. The products are also subject to presentation by photographs, without contractual value. LE VIVANT PARIS may also offer “Promotions”: the products which are the subject of such Promotions (on the price or any other characteristic, e.g. delivery, quantity, etc.) will be sold during a limited period and/or in a limited quantity.
In order to place an order on the Website for the purchase of a Product, the CUSTOMER must: – have access to a User Account opened under the conditions of the article on the privacy of data. – be the holder of a valid bank card
Orders are placed online only according to the following stages:
the Customer fills their basket with Products,
the Customer creates their account, or signs in if they are already a member of the LE VIVANT PARIS community,
the Customer enters the information relating to their delivery details,
the Customer is informed with regard to the delivery method and the total of delivery costs,
the Customer chooses their payment method,
the Customer confirms that they agree to abide by the Terms and Conditions and the details of their order,
the Customer is redirected to a page belonging to our partner Stripe, and makes their payment request,
lastly, the Customer receives an order confirmation email.
The Customer is obliged to check the completeness and accuracy of the information that they provide to LE VIVANT PARIS when ordering, and of their delivery address in particular. The order confirmation email signifies the acceptance by LE VIVANT PARIS of the Customer’s order and thus forms the sales contract between the parties in accordance with the provisions of the Terms and Conditions. The information provided by the Customer as well as the Terms and Conditions form the contract concluded between the Customer and LE VIVANT PARIS and will be included in the order confirmation email. The Customer is responsible for storing this confirmation email which represents their copy of the sales contract. LE VIVANT PARIS cannot be deemed liable in the event that this email should be removed by anti-spam-type measures. The Customer can access the contents of their order at any time by signing in to the Website and opening the “My Account” tab. The Terms and Conditions can be consulted from any page of the Website.
In the context of a classic sale of a Product from the collection, the user can order any product that appears in the permanent catalogue. Only the confirmation sent by LE VIVANT PARIS when an order is placed can guarantee the availability of the product. In the event of unavailability of the Product after the order, the Customer will be informed by email or telephone of the delivery of a partial order or cancellation of their order.
The retail prices of the Products offered on the Website in Sales Sessions are shown in Euros including the rate of VAT applicable on the day the order is placed.
Price to be paid: the price to be paid is the price shown on the Website on the Product sheet, plus additional costs (including delivery costs and optional services) communicated during the ordering process. It may be subject to a reduction (e.g. promotional codes or purchase vouchers). The price will not be definitive until the order is confirmed. All prices displayed on our Website are in euros and including all VAT and taxes.
Promotional codes and purchase vouchers: the CUSTOMER may take advantage of promotional codes and non-transferable, personal purchase vouchers to be used when confirming their order, by entering the reference number on the purchase form. Please note that promotional codes and purchase vouchers are only valid for the period indicated by the COMPANY to the CUSTOMER.
Delivery costs: delivery costs are payable for each order placed. The exact amount of delivery costs depends on the method of transport chosen, place of delivery of the order and its contents. The amount of delivery costs will be shown in the basket and will be subject to the Customer’s approval before confirmation of the basket. In order to get an estimate, the Customer can carry out a simulation of their purchases on the Website. However, this estimate remains provisional and only the price agreed to upon confirmation of the basket has contractual value, barring exceptions such as problems with delivery or special delivery methods that may engender additional costs.
Discount and VAT: Orders must be paid for immediately. No discounts are offered. In the event of modification of the rate of VAT, the price will be automatically modified without any other prior notice than the legal date of application of the new rate.
Variations in prices: The prices of the Products appearing on the Website may be subject to modification. LE VIVANT PARIS reserves the right to modify prices without prior notification, particular in the event of errors in labelling. Subject to the following conditions, prices shown at the time of purchase are the prices applicable to that purchase. Although the Website is constructed with care, the prices shown may contain errors. Under no circumstances can LE VIVANT PARIS be bound by its offer and reserves the right to cancel the Customer’s purchase should such an error occur.
Foerign currencies: Prices are displayed in euros. If the currency of payment is different to the currency in which the prices are displayed, the Customer’s bank will apply the exchange rate in force on the date of purchase, which is beyond LE VIVANT PARIS’s control.
Once the Terms and Conditions are agreed to, the Customer will proceed to payment of their order by bank card via Stripe, a third-party service provider that ensures the security of transactions. The CUSTOMER must hold one of the following credit or debit cards: Carte Bleue®, MasterCard®, VISA® or American Express®.
Payment for goods can be made by bank card throughout the Territory. The Customer enters their details, confirms the basket and the total price. They confirm their order and are then redirected to a page belonging to our partner Stripe where they will provide the information relating to their bank card. Receipt of confirmation from LE VIVANT PARIS validates the sale. The sale is then concluded subject to the suspensive condition of availability of the product and thus to the receipt of the confirmation email sent by LE VIVANT PARIS to the email address provided by the user during the purchase process.
LE VIVANT PARIS retains ownership of the goods sold until those goods are delivered to the Customer or to the recipient designated by the Customer. Default on payment by one or the other party may bring about action for the recovery of the goods. These provisions do not obstruct transfer to the User, once the goods are delivered, of the risks of loss or deterioration to the goods purchased as well damages which may arise from them.
Security of payments
LE VIVANT PARIS has chosen to use effective and rigorous tools to secure means of payment. LE VIVANT PARIS has adopted a Stripe solution for means of payment using the SSL (Secure Socket Layer) encryption process, currently one of the most effective security systems on the market, which establishes a direct encrypted connection between the Customer and the bank.
LE VIVANT PARIS never has access to confidential information relating to the method of payment used by the Customer at the time of payment. That is why the Customer’s banking details are requested with each new order. In fact, only Stripe can access the confidential information which remains inaccessible to third parties.
Although LE VIVANT PARIS uses encrypted security software, the security of information and payments transmitted over the internet or by email cannot be guaranteed. LE VIVANT PARIS cannot be held liable for damage resulting from the use of electronic communication methods including – but not exclusively – damage resulting from a failure or delay in transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and for the transmission of viruses.
1 Delivery methods
The shipping of Products is carried out within the Territory defined in these Terms and Conditions.
Delivery is carried out by the Courier or Delivery Company chosen by the Customer from the delivery methods offered, and determined according to the weight and size of the package. Delivery of each Product included in the basked may be carried out independently. The Customer must carefully complete all the fields on the delivery form at the time of ordering, including their delivery details, and enter a landline or mobile phone number. Neither LE VIVANT PARIS or the Delivery Company can be held liable for an inability to deliver due to an inaccuracy or error in the delivery address.
Delivery Company: the delivery of large or heavy packages may be carried out by a Delivery Company. In this case, the Customer will be contacted directly either by email or telephone by the Delivery Company to agree an appointment time for delivery (the “Appointment”). During this contact, the Customer must expressly state any problems with access or entry that the Delivery Company may encounter during the delivery (including when they have been previously notified on the order form). In particular, the Customer is required to measure access ways to their home to confirm accessibility of the Product ordered to the Delivery Company. All additional delivery costs necessary for the hiring of specific equipment (e.g. forklift truck) to overcome access difficulties notified by the Customer must be confirmed and paid for by the latter before delivery.
Courier: smaller or lighter packages may delivered by Courier. The Customer must give a delivery address at which a physical person will be able to receive the package at the first delivery attempt (e.g. place of work, a friend or family member’s home, concierge, etc.).
2 Delivery times
The delivery times shown during confirmation of the order are calculated in business days and are specific to each Product. Because of the variety of supply areas and logistic and manufacturing constraints, these times may vary and LE VIVANT PARIS cannot be held liable.
3 Additional costs
In the event of inability to deliver on the day of the Appointment because of inappropriate information, problems of access or entry not notified in advance by the Customer or the absence of the Customer at the time of the Appointment in violation of the commitments undertaken during contact, new delivery costs may be billed by LE VIVANT PARIS, which will make contact with the Customer for the payment of these new delivery costs before any new attempt at delivery of the Product. In the event of non payment of these costs, LE VIVANT PARIS reserves the right not to go ahead with delivery of the Product. The risks of damage resulting from these restrictions will also be payable by the Customer.
4 Postponement of the delivery date/Change of place of delivery
If the Customer wishes to change the delivery address or postpone the date of delivery, they must warn LE VIVANT PARIS as soon as possible and at the latest seven (7) business days before the planned delivery date. To inform LE VIVANT PARIS, the Customer should use the ‘Contact’ section available on the Website. They should enter their order number, the Product in question and enter comments explaining the reasons for the modifications. LE VIVANT PARIS will then confirm its acceptance or refusal by email or telephone in a timely manner.
5 Receipt of the products ordered
At the time of delivery, the Customer must imperatively unpack the Product in the presence of the Delivery Company/Courier and check that the Product delivered actually corresponds with their order and that their product has not suffered any damage, before signing the delivery note. In the event of anomaly, the Customer should enter the precise nature of their reservations on the delivery note. These reservations must be hand-written, dated, detailed and accompanied by a signature on the delivery note. The comment “damaged product”, for example, is not sufficiently explicit. The Customer must explain the nature of the damage: scratches, dents, marks, etc. Similarly, if a delivery error is noted, the Customer must specify the nature of the error: wrong colour, round legs instead of square legs, wrong reference, etc.
In the event of error or damage, the Customer must imperatively refuse the Product and inform us of their reservations within five (5) days by email via the ‘Contact’ section of the Website and simultaneously by recorded delivery letter with acknowledgement of receipt to the address below: LE VIVANT PARIS Customer Service, 34 avenue Ledru Rollin 75012 Paris.
Any claim received after that time period will not be accepted. If the Customer does not state any reservations, the Product delivered is deemed to be satisfactory and cannot be the subject of any later dispute. For example, the Customer cannot state any reservations either to LE VIVANT PARIS, or to the Delivery Company/Courier, after the departure of the Delivery Company/Courier, even if the package has not been opened in the presence of the latter.
Excluding cases of failure of conformity or hidden defects, no later claim or reservation will be accepted by LE VIVANT PARIS after receipt of the Products by the Customer, if the latter has not complied with the procedure described above.
Cancellation, Returns and Right to Withdrawal
The customer has the option to cancel any order for products, without giving a reason, providing the order has not yet been shipped.
To request the cancellation of an order, the Customer should contact LE VIVANT PARIS by email via the ‘Contact’ section of the Website.
The Customer has a period of 14 (fourteen) business days from the date of receipt of the goods to return their order for any reason. Under Belgian law, Belgian Customers have a period of fifteen (15) days during which they can exercise this right. In the event of withdrawal, all return costs will be payable by the Customer. This period of time is calculated in business days: if the period of time should expire on a Saturday, Sunday or public holiday, the period of time will be extended to midnight on the following business day. In order to facilitate the processing of the Customer’s withdrawal request, they can send such a request to LE VIVANT PARIS via the ‘Contact’ section available to the Customer on the Website.
The conditions for exercising the right to withdrawal are as follows:
For Products which are very large and/or fragile, delivered by a specialist delivery company (the “Transport Company” or those delivered by Courier, the Customer should contact LE VIVANT PARIS to organise collection of the Product. For returns from home addresses, the Delivery Company will make an appointment with the Customer and then check the Product in the Customer’s home to ensure that it is in new condition and in its original packaging. The Product should not present any sign of use and must be accompanied by any accessories and instructions for use or assembly. If all these conditions are met, the Delivery company will proceed with collection of the Product.
LE VIVANT PARIS will carry out quality control of the Product at the warehouse. The Products must imperatively be in new condition, returned in their original packaging, with no sign of use and be accompanied by any accessories and instructions for use or assembly. Only after checking that all these conditions are met will LE VIVANT PARIS proceed with refunding the sums received in payment for the returned Products. If the conditions stated are not met, the refund to the Customer will be reduced by an amount corresponding to the loss of value of the Product, as observed during the quality control process.
Once the Products returned are deemed to be in compliance with the procedure described above, the refund (not including the initial shipping costs of the Product) will be processed within a maximum of thirty (30) days from the date of receipt by LE VIVANT PARIS of the returned Products. Beyond that time period, those amounts will attract interest at the legal rate. The return costs are always payable by the Customer. Throughout the process, the Customer will be informed by email of their withdrawal request, of the return of their package as well as the date of the refund.
LE VIVANT PARIS guarantees the Customer against all consequences of hidden defects which could be likely to affect the Products sold, unless otherwise stated on the Website in accordance with the provisions of French law.
The guarantee in relation to hidden defects only applies if the User proves that the perceived defect already existed before LE VIVANT PARIS delivered the Product to them. It is the User’s responsibility to get an expert opinion on the Product at their own cost to obtain proof of the existence of the hidden defect.
LE VIVANT PARIS’s liability can never exceed the value of the item in question. In addition, no other compensation can be claimed by the User beyond that which is expressly stated in the French Consumer Protection Code.
LE VIVANT PARIS is a protected brand registered with the INPI (French patent office) and https://www.le-vivant.com is a domain name that is also protected. They are the exclusive property of LE VIVANT PARIS and cannot be used without our prior agreement. Any link with other websites without the prior agreement of LE VIVANT PARIS is strictly forbidden.
The graphic and editorial content displayed on the Website are the property of LE VIVANT PARIS and are protected by copyright. The presentation of the Products (photographs, videos, drawings, product information sheets, etc.), whether they are for sale or not, are also the property of LE VIVANT PARIS or of its partners (designers, suppliers, etc.) and therefore cannot be reproduced without the express permission of their respective owner(s). Any copy or reproduction, any use in whole or in part of our graphic and/ore editorial content or any presentation of our Products is strictly forbidden and constitutes a breach of our intellectual property rights which will be pursued and sanctioned as such.
Under the French law n° 78-17 of 6 January 1978, it is stated that the personal data which is requested of the buyer is necessary for the processing of their order.
LE VIVANT PARIS is committed to only using its Customers’ confidential information in the context of the operation of its Website. In the context of partnerships, LE VIVANT PARIS may rent, sell or use its client file in partnership with other companies. The use of Customers’/members’ contact details will thus be carried out in accordance with the expression of their preferences at the time of registration.
At the first request by the User no longer wishing to be included in the LE VIVANT PARIS database, we agree to deactivate all contact details and information relating to the member in question.
LE VIVANT PARIS may apply technical means to obtain non-personal information about Users in order to improve the functionality of the Website, for example by tracking the number of visitors on the Website.
In addition, LE VIVANT PARIS only collects personal information such as last name, first name, postal address and email address if the latter is provided voluntarily by the visitor. The data which is thus collected cannot be used for other commercial purposes than those which are stated on the Website or which could be developed at a later date by LE VIVANT PARIS.
None of the information can be transferred to third parties without the member’s express agreement at the time of registration or later in their information management space. Each member has the right to access, modify, rectify or delete information relating to them (article 34 of the French law on Data Protection). To exercise this right, please contact LE VIVANT PARIS by sending an email to email@example.com or by modifying your information in the ‘My account’ space.
Disputes and Liability
The Customer is obliged to check the completeness and accuracy of the information that they provide to LE VIVANT PARIS when ordering and of their delivery address in particular. LE VIVANT PARIS cannot be held liable for any errors in data entry that may cause errors in delivery. LE VIVANT PARIS cannot be held liable for the Customer’s failure to respect the terms and conditions of delivery and of the Appointment made by themselves with the transporter. Where applicable, the costs required for the shipping and storage of the Products will be payable by the Customer. Without limiting the preceding paragraphs, LE VIVANT PARIS’s liability cannot exceed a sum equal to the amounts paid at the time of the original transaction at the origin of said liability, whatever the cause or the form of the action in question. Unforeseen circumstance and force majeure, which exonerate the parties from liability, are considered to be facts or circumstances which are uncontrollable, unpredictable and beyond the will of the parties, particularly in the event of all-out or partial strike by transporters, riots, war and natural catastrophes.
The choice and purchase of goods by the Customer are under their sole and unique responsibility. Consequently, total or partial inability to use the Products, particularly due to incompatibility of the equipment, cannot give rise to any compensation, refund or claim against LE VIVANT PARIS’s liability, except in the case of proven hidden defects, non-compliance, defectiveness or the exercise of the right to withdrawal set out under the French Code of Consumer Protection.
The Terms and Conditions will be executed and interpreted in accordance with French law. Before any litigation, the parties will seek an amicable agreement, bearing in mind that the latter does not interrupt the deadline for action under the guarantee. Any dispute of any kind or any disagreement relating to the processing or execution of the order, even in the event of action to enforce a guarantee or multiple defendants, will in the event of failure to reach an amicable agreement, be subject to the exclusive jurisdiction of the competent courts where LE VIVANT PARIS’s registered office is located. The competence of the courts will be governed by the rules of the French Code of Civil Proceedings when the buyer is a private individual.
The Terms and Conditions, orders, correspondence emails as well as the sales contract concluded with the Customer are in the French language for the Territory.
Severability of the terms
If for for any reason whatsoever one (or several clauses in these Terms and Conditions should be found to be void, unenforceable, obsolete, illegal or inapplicable in consequence of a law, regulation or following a binding decision of a court of competent jurisdiction, that modification cannot call into question the validity, legality or applicability of the other stipulations in these Terms and conditions and will not exonerate the User from the execution of their contractual obligations.