Terms of sale

Article 1 - Object

The present Terms of use have for object, on the one hand, to inform any possible consumer on the conditions and modalities in which the salesman (LES SECRETS DE LOLY) proceeds to the sale and to the delivery of the ordered products and, on the other hand, to define the rights and obligations of the parts within the framework of the sale of products by LES SECRETS DE LOLY to the consumer (the Buyer). They apply, without restriction nor reserves, to the whole of the sales of the products proposed by LES SECRETS DE LOLY on its Internet Site https://www.secretsdeloly.com (hereafter the Site).

Consequently, the fact for any person to order a product proposed to the sale on the Internet Site of SECRETS DE LOLY carries acceptance full and whole of the present terms of use of which the Buyer recognizes to have taken knowledge before his order.

The products are offered for sale and delivery on the following geographical territories: Metropolitan France (including Monaco and Corsica), all member countries of the European Union, Switzerland, the United States and Canada, Africa, Oceania, Asia and the French overseas departments and territories.

For the purposes of the present Terms of use, the Buyer and LES SECRETS DE LOLY are individually or collectively designated the Party or Parties.

The Buyer, prior to his order, declares that:

  • The purchase of products on the Site of LES SECRETS DE LOLY is without direct relationship with a professional activity and is limited to a strictly personal use; except prior agreement requested from the leaders of the company.
  • Have full legal capacity, allowing him to commit himself under these general conditions of sale.

Any order that obviously does not correspond to a retail sale and, more generally, any fraudulent or presumed fraudulent order will be considered by SECRETS DE LOLY as null and void.

LES SECRETS DE LOLY reserves the possibility to modify at any time the present Terms of use.

Nevertheless, the Terms of use applicable to the order placed by a Buyer on the SECRETS DE LOLY Site are those accepted by the Buyer at the time of the placing of such an order. The present Terms of use come to complete the conditions of use of the Site www.secretsdeloly.com, available at any time by the heading Terms of use of the Site and applicable to the Buyer.

Article 2 - Identity of the Company

Name: LES SECRETS DE LOLY

Address: 56 Rue Coriolis
PostCode: 75012 City: Paris

Siret: 74984884200011
Mail : contact@secretsdeloly.com
Phone : +33 7 80 91 91 43

Article 3 - Formation of the contract and orders

3.1 Rates

The prices of sale of the products online on the Internet Site of SECRETS DE LOLY, indicated all inclusive of tax and in euros, are those in force at the time of the recording of the purchase order by the Purchaser.

The selling prices of the products can be modified by SECRETS DE LOLY at any time. This modification will be announced to the Buyer before any order. They do not include the shipping costs, invoiced in supplement of the price of the bought products according to the amount and the weight of the order.

Shipping costs will be indicated before the order is placed by the Buyer.

3.2 Product characteristics

According to the article L. 111-1 of the code of consumption, the Buyer can, before his order, take knowledge, on the Internet Site of SECRETS DE LOLY, of the essential characteristics of the product(s) which he wishes to order.

The Buyer can select one or several products among the different categories proposed on the SECRETS DE LOLY Site.

LES SECRETS DE LOLY is likely to modify the assortment of products proposed to the sale on its Site, according to the constraints linked to its suppliers, without prejudice to the orders placed by the Buyer.

3.3 Ordering

Any order implies acceptance of these general terms and conditions of sale, without prejudice to specific contractual conditions concluded between the Parties.

The Buyer has the possibility to check the details of his order project before validation and to correct possible errors.

From the moment the Buyer confirms his order by clicking on the Validate icon, he is considered to have accepted with full knowledge of the present Terms of use, the prices, volumes and quantities of the products offered for sale and ordered by the Buyer.

The order validated by the Buyer will be confirmed by SECRETS DE LOLY. The sale will be final upon full payment by the Buyer. The sale will be definitive when the order will be confirmed to the Buyer by any appropriate means (the " Order Confirmation ") and an e-mail will be sent to him/her at the time of the shipment of his/her order.

No more modifications can be made once the order has been validated and acknowledged by SECRETS DE LOLY. However, in case of error in the data entered by the Buyer, the latter is invited to inform the Customer Service of SECRETS DE LOLY by email at contact@secretsdeloly.com

SECRETS DE LOLY recommends to the Buyer to keep the information contained in the Order Confirmation sent by SECRETS DE LOLY on a paper document or computer support.

Article 4 - Payment

Payment must be made at the time of the online order by the Buyer. At no time, the paid sums could be regarded as deposits or installments.

All orders are payable in euros, all taxes and compulsory contributions included. To pay his order, the Buyer has the following method of payment: credit card in the conditions detailed below.

The bank cards accepted on the SECRETS DE LOLY Site are the following: debit card, Visa and MasterCard.

Payments made by credit card are made through the secure system Mollie (online payment tool provided by Shopify). It uses the SSL protocol (Secure Socket Layer) so that the information transmitted is encrypted by software and no third party can read it during transport on the network.

In case of payment by credit card, the buyer's account will be debited on the day of his order.

The online credits are credits issued exclusively by SECRETS DE LOLY and usable by their beneficiary only on the Site of SECRETS DE LOLY. They have a validity period of one year as from their date of emission.

The Buyer guarantees SECRETS DE LOLY that he has the necessary authorizations to use the method of payment that he will have chosen for his order, during the registration of his order form.

SECRETS DE LOLY reserves the right to suspend or to cancel any execution of an order and/or delivery, whatever its nature and level of execution, in case of default of payment or partial payment of any sum which would be due by the Buyer, in case of incident of payment, or in case of fraud or attempt of fraud relative to the use of the Site of SECRETS DE LOLY.

The delivery of any new order may be suspended in case of late payment or partial payment of a previous order, notwithstanding the provisions hereof.

For the amounts superior to 400 euros SECRETS DE LOLY reserves the right to ask for a certified photocopy of the identity card and/or if necessary of the bank card (recto only) of the Buyer for any payment by bank card.

Within the framework of the fight against Internet fraud, the information relative to your order can be transmitted to any third party authorized by the law or designated by SECRETS DE LOLY for the sole purpose of verifying the identification of the Buyer, the validity of the order, the method of payment used and the delivery envisaged.

In order to ensure the security of the payment by bank card, the Buyer will have to transmit to SECRETS DE LOLY the visual cryptogram (CVV) appearing on the back of the bank card used by the Buyer.

Article 5 - Delivery and reception

5.1 Terms of delivery

5.1.1 General rules

Products ordered by the Buyer under the conditions described in article 3.3 above will be delivered to the address indicated by the Buyer on the order form, only in Metropolitan France (including Monaco and Corsica), in the member countries of the European Union, Switzerland, the United States and Canada, Africa, Oceania, Asia and the French overseas departments and territories.

By default, the invoices of purchase are addressed by electronic mail to the e-mail address indicated by the Buyer during his registration on the SECRETS DE LOLY Site. If the contractual conditions described below are not respected, no complaint from the Buyer will be accepted.

Depending on the size of the package and the delivery location indicated by the Buyer, one or more delivery methods will be offered to the Buyer during the Order process.

Whatever the method of delivery, the Buyer or the recipient of the ordered products is invited to check the apparent state of the products upon delivery.

5.1.2 Delivery characteristics

1 - Delivery methods
Mail without signature

The package containing the ordered and paid products is deposited in the mailbox at the Delivery Address given by the buyer.

In the event that the mailbox is insufficient in size, the Buyer or the recipient of the Order will receive a notice of delivery, allowing him/her to pick up the package at the place indicated in the notice of delivery within 10 to 14 days.

Colissimo Suivi against signature of the Post office

In case of absence, the Buyer or the recipient of the order receives a notice of passage/notification by mail/SMS of the Colissimo delivery service, allowing him to withdraw the ordered products in a relay point or in the nearest post office, indicated in the notice of passage/email/SMS during a period of 15 days.

UPS

In case of absence, the Buyer or the recipient receives a notice of passage, allowing him to withdraw the ordered products at the nearest point of sale indicated in the notice of passage during a period of 5 to 14 days, depending on the place of withdrawal.

Mondial Relay

The parcel containing the ordered and paid products is dropped off at the relay selected by the Buyer at the time of his Order.

The Buyer of the Order receives an email allowing him to withdraw the parcel at the relay during the time indicated in the email of SECRETS DE LOLY or of its carrier. The withdrawal in relay is possible only on presentation of the above-mentioned email, of the identity card and of a signature of the Buyer.

The signature affixed by the Buyer or the recipient of the Order on the PDA is proof of delivery and receipt by the Buyer or the recipient of the Order of the products ordered. No dispute regarding the delivery itself is possible, as the package can only be delivered upon presentation of proof of identity.

2 - Returns in the absence of withdrawal

Whatever the mode of delivery, in the case where the parcel would not be withdrawn within the time indicated on the notice of passage, the parcel is turned over to the logistic service of the SECRETS DE LOLY (VEOLOG, Bâtiment 13 Niveau 1, 110 bis avenue du Général Leclerc, 93500 Pantin, FRANCE). In this case, the Buyer will get a refund of the amount of the Order, delivery fees deducted, by the same means of payment as the one used for the purchase, unless the Buyer expressly agrees to another means of refund.

3 - Loss of packages

In the case of the loss of a parcel, les SECRETS DE LOLY is responsible for taking action against the carrier to report the loss, request an investigation of the package.

The file of complaint allowed to open an investigation is generally constituted of several pieces (certificate on the honor, identity papers, number of personal complaint Colissimo) which will be asked to the Buyer by the Customer service of SECRETS DE LOLY, during their exchanges.

The results of the investigations are given by the carriers within 1 to 3 weeks. A refund or a new shipment of the order will be proposed to the Buyer according to the conclusions of the investigation. SECRETS DE LOLY will do its best to satisfy the Buyer and to shorten the delays.

4 - Delivery anomaly

Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged parcel, broken products...) will have to be imperatively announced to the Customer service of SECRETS DE LOLY, in the 3 days following the delivery.

The Buyer or the recipient of the Order will have to announce the absence or the degradation of the product to the Customer service of SECRETS DE LOLY at contact@secretsdeloly.com, which will remind him the procedure to be followed, such as indicated hereafter to be able to request a refund or a new sending of the ordered products.

SECRETS DE LOLY's Customer Service can ask for any information relative to the identity of the Buyer or the recipient, of the Order and of the parcel in order to proceed to any useful verification, on this occasion and with the aim of answering the complaint. It is strongly recommended to the Buyer, if he notices the slightest defect at the time of the delivery, to formulate reserves on the delivery order, to take photographs of the packing (labels included) and of the products in order to be able to provide SECRETS DE LOLY, the parts necessary to the examination of his complaint.

LES SECRETS DE LOLY will take in its charge all the expenses of return / forwarding concerning an anomaly born before the taking of possession of the product and thus to the transfer of the risks to the consumer.

A compensation, refund or exchange of the product will be offered to the Buyer, depending on the anomaly found.

5.2 Delivery times

For any order confirmed from Monday to Friday (except holidays) before 1 pm on the Site of SECRETS DE LOLY, the preparation of the order will take place within 3 days.

After preparation, the delivery times, of your order under the conditions described in article 3.3. above, are as follows:

  • Sending by Post without signature or Colissimo Suivi against signature of the POST: lower or equal to 5 working days in Metropolitan France and 5 to 8 days for the DOM-TOM and Europe, 8 to 15 days for the international.
  • UPS France: 4 to 5 days.
  • UPS International (+DOM-TOM): 5 to 10 days depending on the destination.
  • Mondial Relay France: 3 days.

In any case, the Buyer is informed that the ordered products will be delivered within a maximum of 30 days as from the day following the one when the Buyer has registered his order, subject to the complete payment of the price.

In case of overtaking of the delivery periods by the carrier, such as mentioned above and exceeding 15 days not due to a case of absolute necessity, SECRETS DE LOLY will diligently investigate with the carrier and will contract the Buyer to propose him to cancel his order; the Buyer will have to formalize his choice to cancel the order by e-mail in return addressed to the Customer service.

Customs

There are no customs duties for products delivered in France or in the European Community. For other countries, customs taxes may be due. It is up to the Buyer to contact the customs services of his country to make a customs declaration if necessary. The company LES SECRETS DE LOLY will not be able to, in no case , held for a person in charge for a possible overcost bound to these customs taxes.

As a reminder, the French overseas departments and territories are considered to be outside the European Union and therefore subject to customs clearance.

Shipping costs

Shipping costs are charged according to the weight of the package, the country of delivery and the chosen carrier.

Free shipping

Free shipping applies for all orders over 75 euros, to mainland France and Belgium only on Colissimo or Mondial Relay shipments.

5.3 Transfer of risk

Delivery shall be deemed to have taken place upon receipt of the products by the Buyer or a person designated by the Buyer. The transfer of risks takes place at the same time.

Article 6 - Right and time of withdrawal

Legal right of withdrawal

You have the right to withdraw from this contract without giving any reason within 14 days. The withdrawal period expires 14 days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods. In the case of an order sent in several packages, the withdrawal period for the order begins on the day following receipt of the last product in the order.

To exercise your right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement in the form of your choice or by using the withdrawal form communicated in the appendix of these conditions of sale (last page), or available on our website www.secretsdeloly.com - completed by you - at the email address contact@secretsdeloly.com or at the following address:

SECRETS DE LOLY
To the attention of the Returns Department

44 rue Garibaldi

94100 Saint-Maur-des-Fossés
FRANCE

If you use this option, we will immediately send you an acknowledgement of receipt of the cancellation in a durable medium (by email).

As an exception to the above and in accordance with Article L.221-28 of the Consumer Code, the Buyer is informed that the right of withdrawal cannot be exercised when the subject of the contract concerns the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

Effects of withdrawal

In the event of your withdrawal from this Agreement, we will refund all payments received from you, including the initial delivery costs (except for any additional costs arising from the fact that you have chosen a delivery method other than the cheaper standard Colissimo delivery method offered by us) upon receipt of the return of your order, following the refusal of delivery and, in any event, no later than 14 days from the day we are informed of your decision to withdraw from this Agreement.

We will issue a refund using the same payment method you used for the original transaction, unless you expressly agree to a different method; in any event, there will be no charge to you for this refund.

We may defer refund until we have received the goods or you have provided proof of shipment of the goods, whichever comes first.

The right of withdrawal generates an obligation to return the products of the order. According to the article L. 121-23 of the Code of the Consumption, following the exercise of his right of retraction, the Buyer has a 14 (fourteen) clear days deadline as from the day of reception of his order by himself or by the addressee of the order, to turn over at his expenses the completeness of his order and to obtain, in the choice of the Buyer the exchange of products, or a credit note or a refunding corresponding to the amount of his order. The products must imperatively be returned to SECRETS DE LOLY according to the procedure described in Article 7 - below.

Article 7 - Return of products

SECRETS DE LOLY does not accept packages sent by postage due. Any risk linked to the return of the product is at the charge of the Buyer.

The costs of return following the withdrawal or for errors made by the Buyer when placing his order, voluntary exchange will be charged to the Buyer.

The products must be returned to the following address:

VEOLOG
Building 13 Level 1
Return LSL - (your order number)
110 bis avenue du Général Leclerc
93500 Pantin

The products must be returned in their original condition, protected or packed in their original packaging. The responsibility of the Buyer could be engaged by the Company in case of depreciation of the products resulting from handling other than those necessary to establish its nature, its characteristics and its good condition.

Article 8 - Reservation of ownership

SECRETS DE LOLY keeps the full and whole property of the sold products until the complete collection of the integral price, in principal, expenses, taxes and obligatory contributions included.

Article 9 - Partial invalidity

If one or more stipulations of these General Terms and Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.

Article 10 - Non-Waiver

The fact that one of the parties does not avail itself of a breach of any of the obligations referred to in these General Terms and Conditions of Sale shall not be interpreted for the future as a waiver of the obligation in question.

Article 11 - Intellectual Property

The Site as a whole, as well as the products and their packaging which are sold there, and each of the visual or sound elements which compose it (namely the brands, the logos, the drawings and models, the illustrations, the photographs, the texts, the animations, the videograms, the phonograms, the softwares, the source codes and the data bases) are the exclusive property of SECRETS DE LOLY or of the holders of the intellectual property rights concerned. All these elements are protected by the copyright, the right of the brands, the right of the drawings and models, the right of the patents as well as the rights sui generis.

Consequently, any reproduction, communication, downloading, modification or total or partial use of one of these elements belonging to SECRETS DE LOLY or to a third party, for whatever reason and on whatever support, requires the express and preliminary authorization of SECRETS DE LOLY or of their holders, except when the law authorizes it. The Buyer declares and guarantees to be informed that in case of failure to comply with any of these obligations, he/she is exposed to legal proceedings before the civil and/or criminal courts.

Article 12 - Data Processing and Liberties

Within the framework of their contractual relations, SECRETS DE LOLY commits itself to respecting the Data Protection Act of January 6, 1978 as modified by the EU regulation n°2016/679 relating to the processing of personal data of natural persons as well as all the recommendations and guidelines enacted by the competent authorities as regards the protection of personal data (the "Personal Data Regulation").

The execution of the Contract entails the processing of Personal Data by SECRETS DE LOLY for the purpose of managing the contractual relationship between the Parties.

These treatments are subjected to the Regulation on the Personal Data. SECRETS DE LOLY declares to know the rights and obligations of each of the Parties, resulting from the Regulation on the Personal Data to the treatments of Personal Data implemented within the framework of the execution of the Contract.

SECRETS DE LOLY commits itself to collect, treat, use and transfer the Personal Data in the respect of the Regulation on the Personal Data and in particular to treat the Personal Data in a loyal and legal way in all circumstances.

SECRETS DE LOLY declares to have respected all its legal obligations in this respect and commit themselves to respect them during all the duration of the Contract, and in particular to proceed to any declaration to the authorities in charge of the protection of the data or to the concerned persons and/or to obtain from the aforementioned authorities and from the concerned persons any necessary authorization, within the framework of the collection and of the treatment of Personal Data for the purposes of the management of the commercial relation.

Article 13 - Legal guarantees

As an exception to the above and in accordance with Article L.221-28 of the Consumer Code, the Buyer is informed that the right of withdrawal cannot be exercised when the subject of the contract concerns the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

13.1 General provisions

The Buyer can select one or several products among the different categories proposed on the SECRETS DE LOLY Site.

In accordance with the article L. 111-1 of the code of the consumption, the Buyer can, before his Order, take knowledge, on the Site of SECRETS DE LOLY, of the essential characteristics of the product(s) which he wishes to order.

Article L-111-1: "Before the consumer is bound by a contract for valuable consideration, the trader shall communicate to the consumer, in a legible and comprehensible manner, the following information:
1° The essential characteristics of the good or service, as well as those of the digital service or digital content, taking into account their nature and the communication medium used, and in particular the functionalities, compatibility and interoperability of the good with digital elements, the digital content or the digital service, as well as the existence of any restrictions on the installation of software ;
2° The prize or any other benefit provided instead of or in addition to the payment of a prize pursuant to Articles L. 112-1 to L. 112-4-1 ;
3° If the contract is not to be performed immediately, the date or period within which the trader undertakes to deliver the goods or perform the service;
4° Information relating to the identity of the professional, his postal, telephone and electronic contact details and his activities, insofar as they are not apparent from the context ;
5° The existence of and procedures for implementing legal guarantees, in particular the legal guarantee of conformity and the legal guarantee against hidden defects, and any commercial guarantees, as well as, where applicable, after-sales service and information relating to other contractual conditions;
6° The possibility of having recourse to a consumer mediator under the conditions provided for in Title I of Book VI.
The list and the precise content of this information are set by decree in the Council of State."

The products are in conformity with the French legislation in force. The responsibility of SECRETS DE LOLY would not know how to be engaged in case of non-respect of the legislation of the country in which the product will be delivered (ex: in case of ban of a product...). It is up to the Buyer to verify with the local authorities of the country of delivery of the products the possibilities of importation or use of the products and services that he plans to order.

SECRETS DE LOLY cannot guarantee that the information written on the packaging of the products is translated into all the languages of the European Union. However, this information is available at least in French.

For any question relative to the products and their use, any complementary question or request for advice, the Buyer can contact the team of SECRETS DE LOLY on contact@secretsdeloly.com or on the heading "contact" of the SECRETS DE LOLY Site.

The Buyer can also go to the SECRETS DE LOLY boutique, the company's unique physical point of sale at 56 rue Coriolis - 75012 Paris, to obtain personalized advice and to test the products offered for sale by SECRETS DE LOLY.

All products on sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-3 and following of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of the Civil Code), allowing the buyer to return defective or non-compliant products at no cost.

The purposes, recipients, retention periods and conditions under which the Company collects and processes personal data are set out in the Site's "Privacy Policy", which details all information relating to the processing of personal data as well as the rights of the persons concerned in connection with such processing.

13.2 Legal warranty of conformity

The French Consumer Code provides for the following in terms of the legal guarantee of conformity:

Article L-211-9: "In case of lack of conformity, the buyer chooses between repairing or replacing the goods."

Article L217-3: "The seller delivers a good that conforms to the contract as well as to the criteria set forth in article L. 217-5. He answers for the defects of conformity existing at the time of the delivery of the good in the sense of article L. 216-1, which appear within two years as from this one. [The seller is also responsible, during the same period, for defects in conformity resulting from the packaging, the assembly instructions, or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller. This warranty period applies without prejudice to articles 2224 and following of the Civil Code. The starting point of the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity."

Article L217-4: "The good is in conformity with the contract if it meets in particular, where applicable, the following criteria: 1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability, or any other characteristic provided for in the contract; 2° It is fit for any special purpose sought by the consumer, brought to the seller's attention no later than at the time of conclusion of the contract, and which the latter has accepted; 3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract; 4° It is updated in accordance with "

Article L217-5: "I.-In addition to the criteria of conformity to the contract, the good is conform if it meets the following criteria: 1° It is fit for the purpose usually expected of a good of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned; 2° Where applicable, it possesses the qualities that the seller has presented to the consumer in the form of a sample or model, prior to the conclusion of the contract ; 3° Where applicable, the digital elements it contains are supplied in the most recent version available at the time the contract is concluded, unless the parties agree otherwise; 4° Where applicable, it is supplied with all the accessories, including packaging, and installation instructions that the consumer can legitimately expect; 5° Where applicable, it is supplied with the updates that the consumer can legitimately expect, in accordance with the provisions of article L. It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the goods as well as public statements made by the seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on the label. II - However, the seller is not bound by any of the public statements mentioned in the preceding paragraph if he demonstrates: 1) that he did not know them and was not legitimately in a position to know them; 2) that at the time of the conclusion of the contract, the public statements had been corrected under conditions comparable to the initial statements; or 3) that the public statements could not have influenced the decision to purchase. III.-The consumer may not contest the conformity by invoking a defect concerning one or more particular characteristics of the good, which he was specifically informed deviated from the criteria of conformity set out in this article, deviation to which he has expressly and separately consented at the time of the conclusion of the contract."

Article L217-7: "Defects of conformity that appear within twenty-four months of the delivery of the goods, including goods with digital elements, are, in the absence of proof to the contrary, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or of the defect claimed. [...]."

Article L217-8: "In case of lack of conformity, the consumer has the right to have the goods repaired or replaced or, failing that, to have the price reduced or the contract rescinded, under the conditions set out in this subsection. The consumer also has the right to suspend payment of all or part of the price or the remittance of the benefit provided for in the contract until the seller has fulfilled his obligations under this chapter, in accordance with Articles 1219 and 1220 of the Civil Code. The provisions of this chapter are without prejudice to the award of damages."

Article L217-9: "The consumer is entitled to demand that the goods comply with the criteria set out in sub-section 1 of this section. The consumer shall request the seller to bring the goods into conformity, choosing between repair and replacement. To this end, the consumer shall make the good available to the seller."

Article L217-10: "The goods shall be brought into conformity within a reasonable time, which may not exceed thirty days following the consumer's request and without major inconvenience to him, taking into account the nature of the goods and the use sought by the consumer. The repair or replacement of the non-conforming good includes, if necessary, the removal and return of the good and the installation of the repaired or replacement good by the seller. A decree shall specify the terms and conditions for bringing the good into conformity."

Article L217-11: "The goods are brought into conformity at no cost to the consumer. The consumer is not required to pay for the normal use he made of the replaced good during the period prior to its replacement."

Article L217-12: "The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs with regard to, in particular: 1° the value that the goods would have if there were no lack of conformity; 2° the importance of the lack of conformity; and 3° the possibility of opting for the other choice without major inconvenience for the consumer. The seller may refuse to bring the goods into conformity if this is impossible or would entail disproportionate costs, particularly with regard to 1° and 2°. When these conditions are not respected, the consumer can, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 and following of the civil code. Any refusal by the seller to proceed according to the choice of the consumer or to bring the goods into conformity, is motivated in writing or on a durable medium."

Article L217-13: "Any good repaired under the legal guarantee of conformity benefits from an extension of this guarantee of six months. If the consumer chooses to have the goods repaired but the seller does not do so, the replacement of the goods to bring them into conformity shall give rise, for the benefit of the consumer, to a new period of legal warranty of conformity for the replaced goods. This provision applies from the day the replacement goods are delivered to the consumer.

Article L217-14: "The consumer has the right to a reduction in the price of the goods or to rescind the contract in the following cases: 1° When the trader refuses to bring the goods into conformity; 2° When the goods are brought into conformity after a period of thirty days following the consumer's request or if it causes him a major inconvenience; 3° If the consumer definitively bears the cost of taking back or removing the non-conforming goods, or if he bears the cost of installing the repaired or replacement goods or the related costs; 4° When the non-conformity of the goods persists in spite of the seller's unsuccessful attempt to bring them into conformity. The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract when the lack of conformity is so serious that it justifies the reduction in price or the rescission of the contract being immediate. The consumer is then not obliged to ask for the repair or replacement of the goods beforehand. The consumer shall not be entitled to rescind the sale if the lack of conformity is minor, which the seller shall have the burden of proof. This paragraph shall not apply to contracts in which the consumer does not make payment of a price."

Article L217-15: "In the cases provided for in Article L. 217-14, the consumer shall inform the seller of his decision to obtain a reduction in the price of the goods. The price reduction is proportional to the difference between the value of the delivered good and the value of this good in the absence of the lack of conformity."

Article L217-16: "In the cases provided for in article L. 217-14, the consumer informs the seller of his decision to cancel the contract. He returns the goods to the seller at the latter's expense. The seller shall refund the consumer the price paid and return any other benefit received under the contract. If the lack of conformity relates only to certain goods delivered under the contract of sale, the consumer has the right to rescind the contract in respect of all the goods, even those not covered by this chapter, if he cannot reasonably be expected to agree to keep only the goods that conform. For contracts mentioned in II of Article L. 217-1, providing for the sale of goods and, as an accessory, the supply of services not covered by this chapter, the consumer has the right to rescind the entire contract. In addition, in the case of a bundled offer within the meaning of Article L. 224-42-2, the consumer has the right to rescind all the related contracts. The respective obligations of the parties to the contract, mentioned in Article L. 224-25-22 and relating to the consequences of the resolution for digital content and digital services, are applicable to the resolution of the contract of sale of a good with digital elements."

Article L217-17: "The refund to the consumer of the sums owed by the seller under this sub-section shall be made upon receipt of the goods or of the proof of their return by the consumer and at the latest within the following fourteen days. The seller shall refund these sums using the same means of payment as the one used by the consumer at the time of the conclusion of the contract, unless the latter expressly agrees and in any event without additional charge."

13.3 Warranty against hidden defects

The French Civil Code provides the following in terms of the guarantee of hidden defects:

Article 1641 of the Civil Code: "The seller is bound by the warranty for latent defects of the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known of them."

Article 1644 of the Civil Code: "In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned."

Article 1645 of the Civil Code: "If the seller knew of the defects of the thing, he is bound, in addition to the restitution of the price he received, to all damages and interest towards the buyer."

Article 1646 of the Civil Code: "If the seller was unaware of the defects of the thing, he will only be obliged to refund the price, and to reimburse the buyer for the expenses incurred by the sale.

Article 1648 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year from the date on which the seller may be relieved of the defects or apparent lack of conformity."

13.4 Exclusion of guarantees

Products that have been modified, repaired, integrated or added by the Buyer are excluded from the warranty. The guarantee will not apply to visible defects. The warranty will not cover products damaged during transport or due to misuse.

13.5 Terms of implementation of legal guarantees

When he acts in legal guarantee of conformity, the Buyer:

  • has a period of two years from the delivery of the property to act;
  • may choose between repair or replacement of the good, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
  • is exempt from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

The Buyer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

For any request concerning the legal guarantees, the Buyer must then contact the Customer Service via the heading "Contact us" of the Site during the opening hours of the service indicated in the heading "Contact us" of the Site.

These provisions are not exclusive of the right of withdrawal defined in Article 6 above.

13.6 Consequences of the implementation of the guarantees

Within the framework of the legal guarantee of conformity, SECRETS DE LOLY commits itself to the choice of the Purchaser:

  • or to replace the product with an identical product depending on available stocks,
  • or to refund the price of the product if the replacement of a product was impossible.

Within the framework of the legal guarantee of the hidden defects, SECRETS DE LOLY, according to the choice of the Buyer, commits itself, after evaluation of the defect:

  • or to refund the full price of the returned product,
  • or to refund a part of the price of the product if the Buyer decides to keep the product.

Article 14 - Termination of the contract

In the event of failure by a Party to fulfill its obligations under these GTC, the other Party may automatically terminate the contract, 15 days after sending a formal notice by registered letter with acknowledgement of receipt that has remained without effect pursuant to Article 1225 of the Civil Code, giving this Party formal notice to fulfill its obligation within a reasonable period. The formal notice shall expressly mention the resolutory clause.

Notwithstanding the foregoing provisions, the Parties shall have the option of unilaterally terminating the contract in the event of a serious breach by the other Party of one of its obligations pursuant to Article 1226 of the Civil Code.

Article 15 - Mediation Service

For any question relative to the follow-up of an Order, to a return, to a complaint relative to an Order or any additional information, the Customer Service of LES SECRETS DE LOLY can be reached by email at contact@secretsdeloly.com during the opening hours indicated on the site.

In addition, in accordance with the provisions of the Code of consumption concerning the amicable settlement of the litigations, SECRETS DE LOLY adheres to the service of the mediator of the e-commerce of the FEVAD (Federation of the e-commerce and the remote sale) whose coordinates are the following ones: 60 rue La Boétie - 75008 Paris - https://www.mediateurfevad.fr. After preliminary written approach towards SECRETS DE LOLY and in case of complaint not resolved amicably by the Customer service SECRETS DE LOLY, the Service of the mediator can be seized for any dispute of consumption whose settlement would not have succeeded. To know the modalities of seizing the Mediator, click here.

At the European level, the European Commission provides an online dispute resolution platform, click here.

Article 16 - Right to oppose telephone canvassing (Bloctel)

You have the opportunity to register free of charge on a BLOCTEL (www.bloctel.gouv.fr) opposition to telephone canvassing list in order to no longer be canvassed by telephone by a professional with whom you have no current contractual relationship, in accordance with Law No. 2014-344 of March 17, 2014 on consumption. Any consumer has the opportunity to register for free on this list on the Site https://conso.bloctel.fr/index.php/inscription.php.

Article 17 - Applicable law and jurisdiction

All Orders shall be governed by French law, regardless of the Purchaser's country of residence and the place where the Order is placed. Nevertheless, the Buyer may benefit from any more protective legal provisions existing in the law of the country where he/she has his/her usual residence.

Annex 1 - Sample withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract. We advise you to also specify your email address and the order number)

To the attention of SECRETS DE LOLY, 44 rue Garibaldi - 94100 Saint-Maur-des-Fosses
Email : contact@secretsdeloly.com
I hereby notify you of my withdrawal from the contract for the sale of the goods below:

  • Ordered on [……………..] (*) received on [……………..] (*)
  • Name of the consumer(s):
  • Address of consumer(s):
  • Signature of consumer(s):
  • Date :

(*) Delete as appropriate