Terms of Sales
These General Conditions of Sale (the "GTC") apply between: Faïza Mogni, auto-entrepreneur, operating under the trade name ELIZA, whose registered office is located at 57 avenue de la République in 94300 Vincennes, registered in France at RCS of Créteil under number 829 247 972, publisher and owner of the site www.ylanga.com (“the Site”), hosted by Shopify.
Any person, merchant or individual making a purchase on the “www.ylanga.com” site
Hereinafter: “The Client”
This contract is an online sales contract subject to acceptance by ELIZA and drafted according to the terms of the French legislation in force. Its purpose is the sale of the products (“the Products”) presented on the Site. The contract will only be formed between the customer and ELIZA upon receipt by the customer of a receipt confirming the details of the order placed on the Site.
2. Application and acceptance of the general conditions of sale
The T&Cs detailed below apply to all orders for Products and services placed via the Site with ELIZA by the Customer. ELIZA reserves the right to adapt or modify these T&Cs at any time. The version of the T&Cs applicable to any sale is the one presented to the customer on the Site at the Order stage.
By placing an order and clicking on the button "I have read and I accept the general conditions of sale", the customer expresses his full prior and unreserved acceptance of these GCS.
The customer also agrees to pay in full for the Products ordered when the order is validated.
The sales contract gives rise to an obligation of means on the part of the seller. ELIZA therefore undertakes to deliver the items ordered by the customer to the postal services within the deadlines announced when the contract is concluded. However, ELIZA reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order.
3. Registration on the Site
Registration on the Site and the creation of a customer account containing the Customer's information (the “Account”) are prerequisites for any first order.
The Customer's registration on the Site is validated by ELIZA after verification of the standard form completed by the Customer. The Customer receives a registration confirmation email.
When creating his Account, the Customer must ensure the accuracy and completeness of the data he provides. The Customer is required to always update his personal information. In the event of an error in the wording of the recipient's contact details, ELIZA cannot be held responsible for the impossibility of delivering the Products.
By registering on the Site, the Customer declares and guarantees to ELIZA that he is of legal age and has the legal capacity to contract.
ELIZA may delete the Customer's Account at any time, for any reason, at its sole discretion.
The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These indications are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of ELIZA. As such, ELIZA cannot be held responsible for the cancellation of an Order for a Product due to the exhaustion of stocks.
ELIZA takes the greatest care in the presentation and description of these products to best satisfy the Customer's information.
5. Obligation to inform
ELIZA strives to describe and present the Products on its Site with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, ELIZA cannot be held liable. Each photo representing the Products has been chosen with care in order to be the most representative. However, these images do not enter the contractual field and have only an indicative value.
6 - Commands
Taking an Order on the Site is subject to compliance with the procedure set up by ELIZA on the Site comprising successive stages leading to the validation of the Order.
The Customer can select as many Products as he wishes which will be added to the basket (the "Basket"). The Basket summarizes the Products chosen by the Customer as well as the prices and costs relating thereto. The Customer may freely modify the Basket before confirming his Order. The validation of the Order is worth confirmation of the acceptance by the customer of the GCS, the Products purchased, their price as well as the associated costs.
A confirmation email summarizing the Order will be sent to the Customer by ELIZA. To this end, the Customer formally accepts the use of electronic mail for confirmation by ELIZA of the content of his Order. Invoices can be viewed in the "My Account" section of the Site.
7– Refusal to process an order
ELIZA reserves the right to withdraw any Product displayed on the Site at any time and to replace or modify any content or information appearing on the latter. Despite ELIZA's best efforts to meet the expectations of its customers, it may be necessary for the latter to refuse to process an order after having sent the Customer the confirmation email summarizing the Order.
ELIZA cannot be held liable to the Customer or a third party for the decision to withdraw a Product from the Site, or for the decision to replace or modify any content or information appearing on this Site, or for the refusal to process an Order. after sending the confirmation email summarizing the Order.
8 - Unavailability of the goods ordered
If, exceptionally, the item ordered is no longer available, the Customer may either proceed to an exchange or be reimbursed without delay and at the latest within thirty days of payment of the sums he has paid.
9 - Right of withdrawal
Although ELIZA strives to offer quality Products, it is possible that the Customer is not fully satisfied with his order and wishes to return it partially or entirely. For the sake of transparency, it is specified here that withdrawal is a right conferred by article L120-20 of the Consumer Code. : "the consumer (here the customer) has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or to pay penalties, with the exception, where applicable, of return costs" . The postmark or the date of the receipt of provision constitutes the starting date of this withdrawal period and its expiry makes any exchange or refund impossible. Products that are damaged, returned incomplete, or soiled are neither exchanged nor refunded.
10 - Price and terms of payment
All the prices of our products are indicated in Euros, excluding participation in processing and shipping costs which remain the responsibility of the Customer (except for one-off promotional operations).
Customs charges and other taxes are also not included in the price paid by the Customer. These costs must be paid by the Customer directly to the carrier.
VAT is not applicable because of the legal status "Auto Entrepreneur", under article 293 B of the General Tax Code.
Discount codes that may be applied do not apply to delivery costs, with the exception of specific free delivery coupons. They cannot be refunded.
ELIZA reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the prices in force at the time of registration and payment of the order, subject to availability.
The products are payable in cash when the actual Order is placed.
Payment for purchases is made either via Paypal or via the secure platform of our partner Stripe (simplified joint-stock company with a capital of 52,400 euros whose head office is located at 1 A, rue Jacques Cartier 78280 GUYANCOURT and registered with the RCS Versailles B 431 408 608.
The Customer expressly acknowledges that the communication of his bank card number to ELIZA constitutes authorization to debit his Account up to the price of the Products ordered. Where applicable, a notification of Order cancellation for non-payment is sent to the Customer by ELIZA to the email address provided by the Customer when registering on the Site.
The data recorded and kept by ELIZA constitutes proof of the Order and of all past sales. The data recorded by Paypal or Stripe constitutes proof of any financial transaction between the Customer and ELIZA.
Payment card numbers are not kept either by ELIZA or by the organizations responsible for the financial transaction.
11 - Prices and delivery times
Deliveries are provided by the services of La Poste, by Letter Followed or via Colissimo, from Monday to Saturday, depending on the option chosen by the Customer when validating his Order.
Delivery means the transfer to the Customer of physical possession of the Products (the “Delivery”).
The Delivery costs applicable to the Order are those mentioned on the Site at the time of the Order in the “ Delivery and returns ” section.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer, of a natural person of his choice or of a legal person (delivery to his company ).
Delivery cannot be made to hotels or to PO boxes.
If it is impossible to carry out the Delivery, ELIZA endeavors to find a secure place to deposit the Product. Failing this, the Product is returned to the ELIZA warehouse.
ELIZA also leaves a notice at the delivery address indicating the location of the Product and the procedure for making a new Delivery. The Customer may contact ELIZA to arrange Delivery at a later date.
When ELIZA takes care of the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.
ELIZA delivers Orders within a maximum period of ten working days for Delivery in Metropolitan France and fifteen working days for International Delivery , this period being counted from the day after the Order is validated.
During the month of December, the Delivery time may be increased by ten days, due to the large volume of Orders.
In order for these deadlines to be respected, the Customer must ensure that he has communicated exact and complete information concerning the Delivery address (in particular the street number, building, staircase, access codes, names and/or intercom numbers, etc.).
ELIZA cannot be held responsible for delays in delivery that are not its fault or justified by a case of force majeure (as defined below).
If the Delivery time is exceeded, the Customer may request the cancellation of the sale and obtain, within a maximum period of 14 (fourteen) days of his request to this effect, the reimbursement of the sums paid on the occasion of the Order. Notwithstanding the foregoing, ELIZA cannot be held responsible for the harmful consequences resulting from a delay in delivery, only reimbursement of the Product by ELIZA being possible to the exclusion of any other form of compensation.
The shipping costs vary according to the different delivery methods chosen and which are displayed on the Site. The delivery times indicated by the Post Office are as follows:
For Metropolitan France: delivery by letter followed in 2 to 3 working days after the dispatch of the products: 3€ including tax; delivery by Colissimo in 2 to 3 working days after the products have been dispatched: €6 including tax
For the DOM-TOMs: delivery by letter followed in 3 to 5 working days after the dispatch of the products: €5 including tax, delivery by Colissimo Outre-Mer in 3 to 5 working days after the dispatch of the products: €14 including tax
To the countries of the European Union: delivery by letter followed in 3 to 5 working days after the dispatch of the products: €5 including tax, delivery by Colissimo International in 3 to 5 working days after the dispatch of the products: €13 including tax
To other destinations: delivery by letter followed in 3 to 5 working days after the dispatch of the products: €7 including tax, delivery by Colissimo International in 3 to 5 working days after the dispatch of the products: €16 including tax
All these deadlines are given as an indication. Exceeding these deadlines can in no way be held against ELIZA, nor constitute a cause for termination of the contract, nor give right to any compensation for damages.
12 - Returns and refunds
Any non-professional consumer has a right of withdrawal. The use of the right of withdrawal must be notified in advance by email to the following address: firstname.lastname@example.org. A return form can be downloaded from the Site, in the “My Account” section.
In this event, ELIZA sends the Customer an acknowledgment of receipt on a durable medium.
The right of withdrawal is exercised without penalty. In the event of use of this right by the Customer, the Product must be returned to ELIZA within 14 (fourteen) days (beginning on the day of receipt of the Products). Beyond this period of 14 (fourteen) days, the sale is firm and definitive. The Product must be returned unopened, in its original packaging and in its original condition. To make a return, the customer must follow the procedure indicated on the return form received with his Order.
Upon receipt of the package, we will send you a confirmation email.
Reimbursement takes place provided that ELIZA has been able to recover the Products initially delivered, within 14 days of receipt of the items. Unless otherwise requested by the Customer, ELIZA will make the refund using the same means of payment as the one used for the transaction.
The return of the Products is the responsibility of the Customer if the place of Delivery is outside metropolitan France and is done at his risk. The return of the Products is free if the place of Delivery is in Metropolitan France.
An order paid for with a credit note will be automatically refunded with a credit note.
If the Customer fails to comply with these T&Cs, ELIZA will not be able to reimburse the Products concerned. In all cases, the return costs are borne by ELIZA if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
ELIZA takes particular care in preparing and sending packages, however, a defect may have escaped us. This is why, upon receipt of the order, the customer is required to check the conformity of the products received. If an anomaly concerning the product or the delivery (defective product, damaged or missing product is detected, damaged package) is detected by the customer, the latter must notify ELIZA customer service within 72 hours of of its reception. The customer may be asked to return the damaged package to ELIZA. Once this limitation period has elapsed, ELIZA disclaims all liability. The absence of complaints, the non-issuance of reservations by the Customer means that the delivered item is deemed satisfactory and cannot be the subject of any subsequent dispute.
13 - Warranties – Limitation of liability
ELIZA's liability with respect to any Product purchased on the Site is strictly limited to the purchase price of the latter. ELIZA will not be liable for the following losses, regardless of their origin:
• loss of revenue or sales
• operating loss
• loss of profits or contracts
• loss of expected savings
• data loss
• loss of work or management time
• image damage
• loss of opportunity, and in particular of ordering a Product,
• moral damage.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, explicit or implicit, with the exception of the guarantees provided for by law.
ELIZA makes no warranty regarding any harm that may be caused by the transmission of any computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or to interfere with the proper working of it, including any transmission resulting from a download of any content made by the Customer, of the software used by the latter to download the content, of the Site or of the server which allows access to it. In this regard, the Customer acknowledges that it is his responsibility to install appropriate anti-virus and security software on his computer hardware and any other device in order to protect them against any bug, virus or other programming routine of this order proving harmful. The Customer acknowledges assuming all risks related to any content downloaded or obtained in any other way through the use of the Site and agrees that he is solely responsible for any damage caused to his computer system or any loss of data resulting from the downloading of this content.
ELIZA is only required to deliver Products that comply with the contractual provisions. The Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must comply with the description and have the characteristics displayed on the Site; (ii) they must be suitable for the purposes for which such products are generally designed; (iii) they must meet the quality and resistance criteria which are generally accepted for products of the same type and which can reasonably be expected.
In addition, ELIZA guarantees consumers against lack of conformity and hidden defects for the Products for sale on the Site under the following conditions:
14 - Apparent defect
The presence of an apparent defect on a Product must give rise to a complaint by e-mail (email@example.com) within three working days following Delivery. Any complaint must explain the defect concerned. Otherwise, no complaint is admissible, and no return or exchange is possible.
The Product must be returned in its original packaging, in its original condition, new, with the references of the initial Order and a copy of the complaint to the registered office of ELIZA, after sending an e-mail indicating the apparent defect of the Product referred to above.
The cases of apparent defect confirmed by ELIZA give rise, depending on the content of the Customer's complaint, either to the establishment of a credit note for the benefit of the Customer, or to the replacement of the Product, or to the pure and simple refund of the Price to the Customer within a 14 day period. In case of non-compliance with the return procedure, no exchange or refund or credit is possible.
15 - Force Majeure
In the event of the occurrence of an event of force majeure preventing the execution of these GCS, ELIZA shall inform the Customer thereof within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment reception. Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or disputes business, civil disturbance, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal modifications or regulatory forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All of the parties' obligations are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three months, the transaction concerned may be terminated at the request of ELIZA or the Customer without compensation on either side. Failure to pay by the Customer cannot be justified by a case of force majeure.
16 – Non-waiver
No tolerance, inaction or inertia on the part of ELIZA may be interpreted as a waiver of its rights under the terms of the GCS.
17 – Applicable law – Competent jurisdiction
The sale of Products is subject to French law. The contractual information is presented in French and the products presented for sale comply with French legislation on September 1, 2013.
In the event of a dispute, the Customer and ELIZA may resort to conventional mediation. In this regard, ELIZA informs the Customer of the existence of alternative dispute resolution methods such as mediation or arbitration.
The Customer can contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.
Any dispute relating to the interpretation of the GCS, the execution or termination of a sale, the interpretation, execution or termination of these presents is subject, in the absence of an amicable agreement, to the legally competent courts. .
18 - Personal data
In order to process orders efficiently, the collection of customers' personal data is necessary. All this personal information will be used only by ELIZA, which undertakes not to distribute it to any third parties, excluding external service providers who need it for delivery. This information will be integrated into a confidential file specific to ELIZA. In accordance with the Data Protection Act of January 6, 1978, the Customer has the right to access, modify and delete personal data concerning him. If the Customer wishes to exercise this right, it is sufficient for him to notify ELIZA, 57 avenue de la République, 94300 Vincennes, France, indicating his name, first names and address.
19 - Intellectual Property
All texts, illustrations and images on the Site are protected by copyright, trademark rights, patent rights and image rights, for the whole world. They are the full and entire property of ELIZA.
As such and in accordance with the provisions of the Intellectual Property Code, only use for private use is authorized. Any other use constitutes counterfeiting and is sanctioned under Intellectual Property.
Any order on the Site automatically entails the customer's acceptance of these General Terms and Conditions of Sale, which are governed by French law. In the event of a dispute, the French courts will have sole jurisdiction. In the event of a difficulty or complaint when placing an order, it is obviously preferable for the customer to contact Customer Service in order to find a quick solution.