Terms of sale

This website is operated by LOVELY COCOON, the trade name of the sole proprietorship BEN HASSINE Mohamed-Yassine, registered in the Paris Trade and Companies Register (RCS) under number 891 259 350, SIRET 891 259 350 00025, with its registered office at 76 bis rue Bobillot, 75013 Paris, France. VAT not applicable, article 293 B of the French General Tax Code (Code général des impôts). Phone: 09 77 25 05 35 – Email: contact@luvelycocoon.com. On this site, the terms "we," "our" and "us" refer to luvelycocoon.com. LOVELYCOCOON offers this website, including all information, tools and services available on it, to you, the user, subject to your acceptance of all the terms, conditions, policies and notices stated here.

By visiting this site and/or purchasing one of our products, you engage with our "Service" and agree to be bound by the following terms ("Terms of Sale," "Terms of Sale and Use," "Terms"), including the additional terms, conditions and policies referenced here and/or available by hyperlink. These Terms of Sale and Use apply to all users of this site, including without limitation users who are browsing the site, vendors, customers, merchants, and/or content contributors.

Please read these Terms of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you must not access the website or use any services offered on it. If these Terms of Sale and Use are considered an offer, acceptance is expressly limited to these Terms of Sale and Use.

Any new features or tools that are added to this store in the future will also be subject to these Terms of Sale and Use. You can review the most recent version of the Terms of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell you our products and services.

 

ARTICLE 1 – TERMS OF USE OF OUR ONLINE STORE

By agreeing to these Terms of Sale and Use, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any of your minor dependents to use this website.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses or any code of a destructive nature.

Any breach or violation of these Terms of Sale and Use will result in the immediate termination of your Services.

  

ARTICLE 2 – GENERAL CONDITIONS

We reserve the right to refuse access to the services to anyone, at any time, for any reason.

You understand that your content (excluding your credit card information) may be transferred unencrypted, and this involves (a) transmissions over various networks; and (b) changes made to conform and adapt to the technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without our prior express written permission.

The headings used in this agreement are included for your convenience, and will not limit or affect these Terms.

  

ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information available on this site is not accurate, complete or up to date. The content of this site is provided for general information only and should not be your sole source of information when making decisions, without first consulting more accurate, more complete and more up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.

This site may contain certain historical information. Such historical information, by nature, is not current and is provided for reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

ARTICLE 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Since many Products are imported from abroad (outside the European Union) at the Customers' request, the prices of Products sold through the websites are indicated in Euros excluding tax (excluding VAT and excluding customs duties) unless otherwise stated. They are specified precisely on the Product description pages. They are also indicated in Euros excluding tax (excluding VAT and excluding customs duties), unless otherwise stated, on the Product Order page, and exclude specific shipping costs.

 

Product prices do not include import VAT, import taxes or customs duties, which must be paid in addition and will be entirely borne by the Customer, who is liable for these taxes as the recipient of the Product.

Product prices do not include packaging, wrapping, shipping, transport, insurance and delivery costs for the Product(s) to the delivery address.

The Customer is solely responsible for the process of declaring and paying import VAT upon customs clearance of the Product. The Customer may be asked to pay import VAT. As this tax is not within the Company's remit, the Company cannot be held liable for refunding it.

 

For all products shipped outside the European Union and/or the French overseas departments and territories (DOM-TOM), the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes, import duties or state taxes may be payable in certain cases. The Company has no control over these duties and amounts.

They will be borne by the Customer and are the Customer's responsibility (declarations, payment to the competent authorities, etc.). The Company therefore encourages the Customer to find out about these matters from the relevant local authorities.

 

ARTICLE 5 – PRODUCTS OR SERVICES (where applicable)

Certain products or services may be available exclusively online on our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Return Policy.

We have done our best to display the colors and images of our products that appear in our store as accurately as possible. We cannot guarantee that your computer screen's display of colors will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All product descriptions and product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited by law.

We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Buyer protection:

We will refund you in full if you do not receive your order within 90 days. (LovelyCocoon 90-day protection)

 

ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your e-mail address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Return Policy.

 

ARTICLE 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or influence.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

If you use the optional tools offered on the site, you do so at your own risk and discretion, and you should familiarize yourself with the terms on which these tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features on our site (including new tools and resources). Such new features and services shall also be subject to these Terms and Conditions of Sale and Use.

 

ARTICLE 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these sites, and we do not warrant and will not have any liability or responsibility for any content, website, product, service or other material accessible on or from these third-party sites.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with these third-party websites. Please review carefully the third parties' policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

 

ARTICLE 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you submit specific content (for example, to enter contests), or if without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you send to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms and Conditions of Sale and Use.

You agree to write comments that do not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain unlawful, defamatory, offensive or obscene content, and that they will not contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us and/or third parties as to the origin of your comments. You are solely responsible for any comments you post and for their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

 

SECTION 10 – PERSONAL INFORMATION

The submission of your personal information through our store is governed by our Privacy Policy. Click here to view our Privacy Policy.

  

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

From time to time, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice (including after you have placed your order).

We are under no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 – PROHIBITED USES

In addition to the prohibitions set out in the Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

LOVELYCOCOON, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors shall in no event be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

  

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless LOVELYCOCOON, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Sale and Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

 

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Sale and Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Sale and Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Sale and Use are effective unless and until terminated by either you or us. You may terminate these Terms of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Sale and Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

ARTICLE 17 – ENTIRE AGREEMENT

Any failure on our part to exercise or enforce any right or provision of these Terms of Sale and Use shall not constitute a waiver of that right or provision.

These Terms of Sale and Use, or any other policies or rules of operation that we publish on this site or in connection with the Service, constitute the entire understanding and agreement between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Sale and Use).

Any ambiguity in the interpretation of these Terms of Sale and Use shall not be construed against the drafting party.

 

ARTICLE 18 – GOVERNING LAW

These Terms of Sale and Use, as well as any separate agreement under which we provide you with Services, shall be governed by and construed in accordance with the laws in force in France.

  

ARTICLE 19 – CHANGES TO THE TERMS OF SALE AND USE

You can review the most current version of the Terms of Sale and Use at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Sale and Use by posting updates and changes to our site. It is your responsibility to check our site periodically for changes. Your continued use of or access to our site following the posting of any changes to these Terms of Sale and Use constitutes acceptance of those changes.

  

ARTICLE 20 – CONTACT INFORMATION

The brand Lovely Cocoon belongs to LOVELYCOCOON.

Questions about the Terms of Sale and Use should be sent to contact@luvelycocoon.com.