Terms & Conditions
1. PURPOSE
These general terms and conditions of sale ("GTCS") apply exclusively to the online sale of products by Elia Innovation (hereinafter "Elia Lingerie") on the website www.elia-lingerie.com (hereinafter the "Site").
2. SCOPE OF APPLICATION
The General Terms and Conditions of Sale govern exclusively online sales contracts for Elia Lingerie products (hereinafter the "Seller") concluded with buyers having the status of consumers and constitute, along with the online order, the contractual documents opposable to the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of the products, which have only an indicative value.
The GTC are written in French, as is all contractual information mentioned on the site.
3. AVAILABILITY AND ENFORCEABILITY
The GCS are made available to consumers on the Vendor's website, where they can be consulted directly. The terms and conditions of sale are enforceable against the consumer, who acknowledges having read and accepted them before placing an order by checking a box provided for this purpose.
Confirmation of the order implies acceptance by the purchaser of the GCS in force on the day of the order.
4. MODIFICATIONS TO THE CGV
The Vendor reserves the right to modify its GTC at any time. In the event of modification of the GCS, the applicable GCS are those in force on the date of the order, a copy of which dated to that date may be given to the consumer on request.
5. CLAUSES OF THE CGV
The nullity of a contractual clause does not entail the nullity of the GCS. The temporary or permanent non-application of one or more clauses of the GCS by the Vendor shall not constitute a waiver of the other clauses of the GCS, which shall remain in full force and effect.
6. PRODUCTS
The products offered for sale on the Site are described in detail. The photographs illustrating the products do not constitute a contractual document.
The products comply with current regulations relating to personal health and safety, fair trading and consumer protection at the time they are placed on the market. The products comply with the requirements of French law in force at the time they are placed on the market.
Products are offered for sale and delivered while stocks last. In the event of unavailability of the product ordered, the Vendor will immediately inform the purchaser and may offer a product of equivalent quality and price or, failing this, a voucher for the amount of the order to be used for any future order.
If the purchaser does not agree, the Vendor will refund the sums paid within 7 days.
7. PRICES
7. 1. Sale prices
Sale prices are indicated, for each of the products listed on the Site, in euros including all taxes, excluding delivery and transport costs mentioned before order validation and invoiced in addition. The total amount due by the consumer is indicated on the order confirmation page.
The selling price of the product is that in force on the day the order is placed. The sale price of products does not include shipping costs, which are invoiced in addition to the price. Any tax, duty, levy (etc.) payable in application of French or foreign regulations (importing or transit country, etc.) shall be borne by the purchaser.
In the event of a price promotion, the Vendor undertakes to apply the promotional price to all orders placed during the period in which the promotion is advertised. Payment of the price entails transfer of ownership of the product to the customer.
7. 2. Modification
The Vendor reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in force on the day of the order.
7. 3. Charges
Any additional charges for transport, delivery or postage, of which the customer may have become aware prior to placing the order, are set out on the order form.
8. OFFER
The online sales offers presented on the Site are valid for deliveries in France or abroad. The online sales offers presented on the Site are valid for as long as the products appear on the Site and within the limit of available stocks, unless otherwise indicated. Acceptance of the offer by the consumer is validated, in accordance with the double-click procedure, by confirmation of the order.
9. ORDERS
To place an order, the customer fills his/her virtual shopping basket with the products selected and the quantities required, then clicks on the "Order" button and provides the delivery and payment details. Before clicking on the "Confirm order" button, customers can check the details of their order and its total price, and return to previous pages to correct any errors or modify their order.
Confirmation of the order implies acceptance of the GCS and forms the contract. An e-mail acknowledging receipt of the order and payment is sent by the Vendor as soon as possible.
Any modification of the order by the consumer after confirmation of the order is subject to prior acceptance by the Vendor. The Vendor reserves the right to refuse any order for legitimate reasons, and more particularly if the quantities of products ordered are abnormally high for buyers who are consumers.
The sales contract is formed when the consumer sends confirmation of his order.
10. PAYMENT
Payment is due in full upon confirmation of the order. Payment is made immediately upon ordering by credit card, via the Paypal system, or by Alma for payment in several instalments without charge.
The site is equipped with a secure online payment system enabling the consumer to encrypt the transmission of his/her bank details.
10.1 Payment in instalments with Alma
Payment by instalments/deferred payment is available via our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.
Purchase amounts
- P2X: Only purchases between 50 € and 2,000 € are eligible for payment with Alma.
- P3X: Only purchases between 50 € and 2 000 € are eligible for payment with Alma.
- P4X: Only purchases between 50 € and 2,000 € are eligible for payment with Alma.
Fees
By paying in instalments with Alma, the Customer does not pay any fees.
Alma is a tele-payment manager and issues an electronic certificate as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the French Civil Code.
Cancellation
Any termination of the GCS between the Seller and the customer shall result in the termination of the GCU between Alma and the customer.
11. DELIVERY
Delivery is defined as the transfer of physical possession or control of the goods to the consumer.
For delivery times, please consult the "Delivery" tab at the bottom of the site home page. Products are delivered to the address indicated by the customer on the order form. Delivery in metropolitan France is made by La Poste (service invoiced by Elia Lingerie).
If the product does not conform to the order, the consumer must address a complaint to the Seller in order to obtain the replacement of the product or possibly the resolution of the sale.
If products are unavailable on delivery, the Vendor may offer an equivalent product in terms of quality and price. In the event of total non-delivery, the sales contract will be automatically cancelled.
Elia Lingerie is not responsible for transport delays related to delivery.
12. LEGAL WARRANTY OF CONFORMITY AND WARRANTY AGAINST HIDDEN DEFECTS
The presence of an apparent defect on a Product must give rise to a complaint by e-mail (shop@elia-lingerie.com).
The Customer must comply with the procedure relating to the right of withdrawal by informing Elia Innovation in advance by any means of the existence of this apparent defect, so that the return can be accepted.
Subject to validation of a non-conformity or a defect by Elia Innovation or the manufacturer as the case may be, the Customer benefits from the following guarantees: Elia Innovation, acts as guarantor within the meaning of the provisions of Articles L 217-5 et seq. of the French Consumer Code and 1641 et seq. of the French Civil Code.
Thus, the Customer :
- benefits from a period of two (2) years from delivery of the Product to take action for lack of conformity of the Product,
- is exempt from proving the existence of the lack of conformity of the good during the six (6) months following delivery of the Product,
- may choose between repair or replacement of the Product, subject to the cost conditions set out in article L217-9 of the French Consumer Code; The legal guarantee of conformity applies independently of the commercial guarantee described below.
In addition, the Customer may also invoke the legal warranty for hidden defects in the item sold, as defined in articles 1641 et seq. of the French Civil Code. The legal warranty for latent defects entitles the Customer, within a period of two years from the discovery of the defect, to reimbursement for a Product which has proved to be unfit for its intended use. The latent defects warranty protects the Customer against latent defects in the Product purchased, which prevent its use or affect it to such an extent that the Customer would not have purchased it. The Customer then has two options: to keep the Product and ask for a reduction in price, or to return the Product and ask for a refund of the price paid, in accordance with article 1644 of the French Civil Code.
If the apparent defect, the lack of conformity or the hidden defect of the article, declared by the customer, if applicable, is proven, after expertise, Elia Innovation undertakes to reimburse the customer at its expense and at the latest within fourteen (14) days.
Elia cannot be held responsible for any misuse of the articles by the customer.
13. CLAIMS
Warranty claims must be sent by e-mail to shop@elia-lingerie.com.
14. LIABILITY
The Vendor cannot be held liable in the event of non-performance or improper performance of the contract due either to the fault of the purchaser, or to the insurmountable and unforeseeable fault of a third party to the contract, or to force majeure. Furthermore, the Vendor may not be held liable for the product's non-conformity with the legislation of the consumer's country, who is responsible for checking that the product is not prohibited for sale in his or her own country.
15. CANCELLATION OF ORDER
Cancellation of the order in the cases provided for in the present GCS will be pronounced by simple registered letter with acknowledgement of receipt or by e-mail and will be acquired by operation of law.
16. RIGHT OF WITHDRAWAL
The consumer has a legal period of 14 clear days to exercise his right of retraction from the date of receipt of the goods, without having to justify his reasons or pay any penalties.
The Customer will be reimbursed for the sums paid, upon receipt and verification of the return of his items, and at the latest within 14 days of receiving his product. Elia Lingerie may defer the reimbursement until receipt of the items in our warehouse, the date retained being that of the first of these facts.
Elia Lingerie will reimburse the Customer using the same means of reimbursement used for the initial transaction.
To exercise the right of withdrawal, the consumer must notify Elia of his/her decision to withdraw by means of an unambiguous statement sent by e-mail to retours@elia-lingerie.com. Products must be returned in their original condition, new and complete (packaging, accessories, instructions, etc.) so that they can be remarketed as new; if possible, they should be accompanied by a copy of the proof of purchase.
Any product received used or in poor condition will not be reimbursed.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased will be reimbursed; delivery costs remain the CLIENT's responsibility. The customer must ensure that the parcel arrives at our premises in order to be reimbursed.
All claims and requests for returns must be made by e-mail to retours@elia-lingerie.com.
In the event of withdrawal by the customer, the latter must return the products to the address indicated by Elia Innovation without undue delay and, in any event, no later than fourteen days after the customer has communicated to the addressee indicated on the withdrawal form his decision to withdraw from the contract.
This period shall be deemed to have been observed if the customer returns the goods ordered before the fourteen-day period has expired.
17. INTELLECTUAL PROPERTY RIGHTS
The elements reproduced on this site (photographs, visuals, texts, drawings, images, etc.) are the exclusive property of Elia Innovation and are protected by Intellectual Property law (copyright, trademark law, etc.). Any reproduction or distribution of these elements without prior written authorization will expose offenders to legal action.
The information contained in the articles on the www-elia-lingerie.com website is general information. Although reviewed by health professionals, this information is not error-free, does not constitute health advice or consultation, and is not intended to provide diagnosis or treatment. Under no circumstances may this information be used as a substitute for medical advice or consultation with a healthcare professional. If you have any questions, please consult your doctor.
18. PROCESSING OF PERSONAL DATA
The computerized processing of personal data collected by the Site is for the purpose of managing orders. The consumer is informed that this automated processing of information has been declared to the CNIL.
In accordance with the French Data Protection Act (Loi Informatique et Libertés), you have the right to access, rectify and object to the processing of your personal data by writing to the address below (with a copy of proof of identity).
e-mail: shop@elia-lingerie.com or by post to the following address: 7 rue Mariotte, 75017 Paris.
Elia Lingerie undertakes to manage and process personal data responsibly, and to ensure that all personal information collected in the course of exchanges with its customers is treated with the utmost confidentiality. Data transmitted via the Site is protected in accordance with the provisions of the French Data Protection Act n°78-17 of January 6, 1978 as amended. ) The data controller within the meaning of article 3 of this law is Elia Innovation.
The Site may offer features for creating accounts or sharing content with certain third-party sites, such as Facebook, Instagram or Twitter. We draw your attention to the fact that these third-party sites are governed by their own privacy policies. You must therefore read the privacy policies of these third-party sites and the use of your personal data on these sites.
Consumers are also informed that the Site uses cookies in order to optimize their experience on the Site, to record information concerning navigation as well as information provided in online forms. A cookie is a text file containing data elements that is stored when you visit a website. It is designed to help websites remember your preferences. There are different types of cookies. Without them, websites wouldn't be able to function in the way you're used to. Consumers can nevertheless refuse to accept cookies by following the instructions provided by their browser.
For more information, please consult our RGPD compliance.
The use of the Site and registration on the Site by a minor must be subject to the authorization of his or her legal representative.
The Site is hosted by OVH, headquartered at 2 rue Kellermann, BP 80157, 59100 Roubaix.
19. CUSTOMER COMMENTS AND FEEDBACK POLICY
Elia Innovation reserves the right to process your personal data for the purposes of managing and tracking your order, collecting customer feedback and tracking exchanges on the https://www.elia-lingerie.com website.
This information is intended for the authorized departments of Elia Innovation and any subcontractors. The data collected may be transferred outside the European Union for the purposes of managing customer relations and after-sales service.
Data is kept for the duration of the commercial relationship, plus the applicable statute of limitations and retention periods. You have the right to query, access and rectify data concerning you, as well as the right to object on legitimate grounds and the right to object to canvassing, particularly commercial canvassing.
20. COMPETENT COURT
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law. Failing amicable resolution, the dispute will be referred to the Commercial Court, which will be the court for the location of Elia Innovation's registered office.
21. APPLICABLE LAW
The present contract and the GCS governing it are subject to French law.
22. SPONSORSHIP PROGRAM
The Seller offers the consumer the opportunity to join a La Famélia sponsorship and loyalty program to become an Elia ambassador by creating an account on its site, with no obligation to purchase. Consumers can unsubscribe from this program at any time by clicking on the unsubscribe link in sponsorship emails or by contacting us to delete their account.
The refer-a-friend program enables customers to sponsor new customers, within the limit of one customer account per consumer, by offering them a 10% discount code on their first order of at least 50€. In return, the consumer receives points for each validated order. The Vendor reserves the right not to award rewards for a validated referral or to suspend the customer's account from the referral program if it has good reason to believe that the referral is not legitimate, including, but not limited to, consumers referring themselves, creating multiple customer accounts, or whose referral volume is too high, or any other fraudulent use of the program.
The loyalty program, on the other hand, enables customers to carry out a series of actions that accumulate points in their customer account. All actions and associated points can be consulted at the following address: https://www.elia-lingerie.com/en/pages/rewards
The customer can then convert his points into a discount coupon as soon as a threshold is reached, at the time of placing an order, in accordance with the points/euros conversion rate previously communicated on the following page: https://www.elia-lingerie.com/en/pages/rewards
The Seller reserves the right to withdraw, modify or replace the Referral Program at any time, without notice and at its sole discretion. If the Referral Program is terminated, the Seller will honor all promotional codes that have been earned prior to the termination of the Referral Program and that have not expired. It will not, however, be possible to sponsor new referrals.
23. HARMONIE MUTUELLE x YVON OPERATION
The consumer who has benefited from a free pair of Elia menstrual panties and free delivery to a relay point in France following the use of a promotional code shared with him/her via his/her email address by one of the brands in the VYV group.
As part of this special operation proposed by Elia with the VYV group's mutual insurance companies - Harmonie Mutuelle or Yvon - members will be able to receive their parcels free of charge at a relay point in France. If a member does not collect their parcel within the 14 days allowed by the relay point, they must contact Elia customer service at shop@elia-lingerie.com and pay a fee of 7.50 € to cover the cost of re-preparation and re-shipment of their parcel to a relay point. Members may also choose another delivery method at their own expense. In the event of stock shortage, Elia Lingerie reserves the right to propose an equivalent replacement model to the member.
Last modification - 11/12/2023
Elia Innovation, a simplified joint stock company with share capital of 1,000€, domiciled at 7 rue Mariotte, 75017 Paris andregistered 849 612 395 R.C.S. Nanterre - VAT FR 13 849612395 - Publication manager: Marion Goilav
