GENERAL TERMS AND CONDITIONS Labonie The Essence of Elegance (BRAND OWNED BY THE Elegance of Living)
The purpose of these general conditions of sale is to define, exclusively, because of the relations they establish on the Internet, the rights and obligations of the Parties born from the online sale of the Products offered on the Site.
They regulate all the steps necessary for the placing of the order and ensure the follow-up of this order between the Parties.
Your use of this website (also “Site”) constitutes your agreement to comply with the following terms and conditions (the “Agreement”). These general conditions apply to your use of this Site, to every order you place, to every purchase you make through this Site and to every agreement which is entered into between you and LABONIE THE ESSENCE OF ELEGANCE a brand fully owned by ELEGANCE OF LIVING.
INTELLECTUAL PROPERTY RIGHTS
This Site and all materials contained on this Site, including but not limited to images, text, photographs, designs, icons, and illustrations, except those already covered by existing copyright and intellectual property protections, are the property of LABONIE THE ESSENCE OF ELEGANCE and/or its owners or affiliates. To reproduce, republish, alter, upload, post, transmit, distribute or publicly display material from this Site, you will need written permission from LABONIE THE ESSENCE OF ELEGANCE The trademarks and logos used and displayed on this Site are trademarks of LABONIE THE ESSENCE OF ELEGANCE and others. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on the Site without the written permission of the trademark owner. Users may view and download material from this Site only for personal, non-commercial home use, and such permission is deemed adequate consideration for this contract. LABONIE THE ESSENCE OF ELEGANCE will aggressively enforce its intellectual property rights to the fullest extent of the law. Any rights not expressly guaranteed herein are reserved by LABONIE THE ESSENCE OF ELEGANCE, as the case may be.
The Products offered for sale by LABONIE THE ESSENCE OF ELEGANCE are those listed on the Site. In case of unavailability of any of the Products, the Buyer will be informed as soon as possible. The photographs and texts illustrating the Products do not enter the contractual field. If these photographs and/or texts are of an erroneous nature, the responsibility of LABONIE THE ESSENCE OF ELEGANCE cannot be QUESTIONED.
LABONIE THE ESSENCE OF ELEGANCE will take all possible measures within its power to provide correct information about the product and the use of the same. If you are dissatisfied with any product, inform us thereof as soon as possible. For details see our Returns Policy, which forms an integral part of these conditions.
The content of this Site is provided “as is” and without warranties of any kind, either express or implied. The products sold through the Site are sold “as is” and without warranties of any kind, express or implied.
To the fullest extent permissible pursuant to applicable law, LABONIE THE ESSENCE OF ELEGANCE disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose. LABONIE THE ESSENCE OF ELEGANCE does not warrant or represent that the content on the Site, whether prepared by LABONIE THE ESSENCE OF ELEGANCE or by third parties, is accurate or reliable, that the Site will be free of errors or viruses, or that your access to and use of the Site will be uninterrupted or secure. You understand that any warranties provided in connection with any third-party products described on the Site are provided solely by the third party and not by LABONIE THE ESSENCE OF ELEGANCE. Your sole remedy for dissatisfaction with the Site is to stop using the Site. You acknowledge by your use of the Site that your use of the Site is at your sole risk. LABONIE THE ESSENCE OF ELEGANCE is not responsible for any direct, indirect, incidental, consequential, special, punitive or other damages, whether arising out of contract, negligence, strict liability or any other theory, in connection with the Site, the content thereof or the products sold and described thereon, even if advised of the possibility of such damages. In no event shall LABONIE THE ESSENCE OF ELEGANCE liability to a user exceed the amount paid by the user for accessing the Site or for the purchase of products sold thereon.
In some instances, the content on the Site represents the opinions of Site users. LABONIE THE ESSENCE OF ELEGANCE does not endorse such opinions.
VOID WHERE PROHIBITED
Although the Site is accessible worldwide, not all products discussed or sold on the Site will be available to all persons or in all geographic locations or jurisdictions. LABONIE THE ESSENCE OF ELEGANCE further expressly reserves the right to limit, in its sole discretion, the availability to the Site and/or the provision and quantity of any product or service to any person, geographic area, or jurisdiction it so desires. Any offer for any product made in connection with the Site is void where prohibited.
Use of this Site is unauthorized in any jurisdiction
- That does not give full effect to all provisions of this Agreement
- Where all or any portion of this Site may violate any legal requirements.
CODE OF CONDUCT
You agree not to restrict or inhibit any other user from using and enjoying the Site and services transmit any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information or materials, or any information or materials that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law transmit any information or software that contains a virus, worm, Trojan horse or other harmful or disruptive component transmit materials in violation of another party’s intellectual property rights use the Site for any commercial or unlawful purposes or modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site.
You agree to indemnify, defend and hold harmless LABONIE THE ESSENCE OF ELEGANCE from and against any and all claims, damages, costs, or other expenses, including all reasonable attorneys’ fees incurred at arbitration, on any trial or appeal that arise, directly or indirectly out of or from your breach of this Agreement (including your violation of the Code of Conduct) and/or out of any other of your activities in connection with the Site. This section will survive the termination of this Agreement for any reason.
If you wish to make purchases of products described on the Site, you may be asked to supply certain information including but not limited to credit card or other payment information. You understand that any such information will be treated confidentially by LABONIE THE ESSENCE OF ELEGANCE You agree that all such information that you provide will be accurate, complete, and current. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes or duties (other than VAT) relating to your purchases. The prices displayed on the Site are in Euros and are inclusive of VAT.
To ensure payment security, the www.labonie.com website uses the secure payment services STRIPE and PayPal. LABONIE THE ESSENCE OF ELEGANCE will never be in possession of the banking details of its Customers. Payment will be made, immediately on the Internet, by Paypal or Stripe (Credit Cards) in euros.
In any event, LABONIE THE ESSENCE OF ELEGANCE reserves the right to refuse any order or delivery in the event of
- Any existing dispute with the Purchaser.
- Non-compliance with total or partial payment of a previous order by the buyer.
- Refusal to authorize payment by bank card of banking institutions.
- Non-payment or partial payment.
DISSOLUTION OF SALE AGREEMENT
Your right to dissolve an agreement for the sale of products, entered into through this Site, in accordance with the provisions of Directive 2011/83/EU on Consumer rights and any implementation thereof in national legislation, can only be exercised under the following conditions:
you must notify LABONIE THE ESSENCE OF ELEGANCE by e-mail or
letter within 5 working days after you have received the parcel containing the
products, stating that you wish to exercise this right after having sent the notification as mentioned in paragraph 1, you must without undue delay and in any event no later than 10 days, return, at your cost and at your risk, the unopened parcel to the address as indicated by LABONIE THE ESSENCE OF ELEGANCE in the instructions you have received from LABONIE THE ESSENCE OF ELEGANCE by e-mail after your notification is processed after LABONIE THE ESSENCE OF ELEGANCE receives the goods subject to paragraph 2, LABONIE THE ESSENCE OF ELEGANCE will refund within 14 days the purchase price, including standard postage costs and excluding any applicable taxes and duties other than VAT.
Please see below and at our Returns & Exchange Policy page to what rules apply once parcels have been opened and to all other situations.
RETURN OF OPENED PRODUCTS
In addition to the previous section on returning unopened products, in case you are not satisfied with any LABONIE THE ESSENCE OF ELEGANCE product that has been opened, you can also return this product (at your costs and risk). Please note that under this Returns Policy you may not receive a (full) refund in cases where the product has been used beyond what is deemed reasonable to trial the product. This also applies to a product that has been damaged after you have received it. Please see our Returns & Exchange Policy page for instructions on how to return opened products.
If you are not satisfied with any LABONIE THE ESSENCE OF ELEGANCE product, for any reason, you can return it to us within 15 days of the date of purchase and we will happily refund the purchase price (not including shipping).
The fastest way to process your return:
- First, contact us by e-mail at firstname.lastname@example.org before returning any product or parcel.
- Please mention your order number
- Indicate the reason for the return so we can improve our service and product quality
- Finally, return your products in the original packaging and include the invoice and/or packing slip.
YOUR LETTERS, QUESTIONS, AND COMMENTS
You acknowledge and agree that, by sending LABONIE THE ESSENCE OF ELEGANCE your questions, whether in writing or by email, you grant to LABONIE THE ESSENCE OF ELEGANCE at no cost a perpetual, irrevocable, nonexclusive, universal right and license to link to, use, reproduce, transmit, modify, adapt, publish, display, distribute, translate, and sublicense such material (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Further, by submitting content to LABONIE THE ESSENCE OF ELEGANCE, you represent and warrant that you have the authority to grant such rights and that the content you submit will not violate any right of any third party, including but not limited to the copyright, trademark, and privacy rights.
USE OF PASSWORDS
Use of any password-protected area of the Site is restricted to the individual who has been given permission and a password to enter such area (the “Authorized Party”). The password cannot be distributed to others, and the Authorized Party is responsible for any and all damages to LABONIE THE ESSENCE OF ELEGANCE resulting from the distribution of his or her password.
LABONIE THE ESSENCE OF ELEGANCE shall have the right at any time to (a) change the terms of this Agreement, (b) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted, or (c) change any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other related services or feature thereof. This Agreement may be modified by LABONIE THE ESSENCE OF ELEGANCE at any time by LABONIE THE ESSENCE OF ELEGANCE posting the modified terms on this Site, and your continued use of the Site thereafter shall be deemed acceptance of those modified terms and conditions.
You agree that this Agreement is entered into in the Netherlands and shall be governed by and construed in accordance with Dutch law, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the courts of Amsterdam, The Netherlands, and waives any jurisdictional, venue, inconvenient forum, or other objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal or competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/ We are ready to participate in extra-judicial disputes settlement proceedings before a consumer dispute resolution body