Terms of sale
General terms and conditions of sale
I. APPLICATION OF THE GENERAL CONDITIONS OF SALE
The general sales conditions (the "GSC") detailed below apply to all orders of products and services placed via the Site (the "Products") with Limky by any person (the "Customer").
The Customer must take note of the GTC prior to any order (the "Order"), the GTC being available on our Site.
Limky reserves the right to adapt or modify the present GTC at any time. The version of the GTC applicable to any sale is the one appearing online on the site www.limky.fr at the time of the Order. Consequently, the fact of placing an Order requires the Customer's entire prior adhesion, without reserve, to the GCS by clicking on the button "I have read and accept the general sales conditions".
II. INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE
www.limky.fr is an e-commerce site (for electronic commerce) which belongs to SAS Limky.
The Site is accessible to all users with access to the Internet 7/7, except for interruptions, programmed or not, by Limky, for the needs of its maintenance and/or security or in the case of force majeure (as defined below). Limky cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
Limky does not guarantee that the Site will not subsequently suffer from anomalies, errors or bugs, nor that the Site will function without breakdown or interruption. In this respect, it can freely determine at its own discretion any period of unavailability of the Site or its content. Limky cannot be held responsible for problems of data transmission, connection or unavailability of the network.
Limky reserves the right to modify the Site, for technical or commercial reasons, when it considers it necessary. When these modifications do not alter the conditions of the supply of the services, in a substantial and negative way, the Customer can be informed of the intervening modifications, but her acceptance is not requested.
III.PRODUCTS
The Products offered for sale are those described on the Site on the day of the consultation of the Site by the Customer, within the limits of available stocks. These indications are automatically updated in real time. However, an error in the update, whatever its origin, does not engage the responsibility of Limky. In this respect, Limky cannot be held responsible for the cancellation of an Order for a Product due to the exhaustion of stocks.
Limky takes the greatest care in the presentation and description of its Products to satisfy the Customer's information as much as possible. It is however possible that errors may appear on the Site, which the Customer recognizes and accepts.
Limky guarantees neither the accuracy nor the security of the information transmitted or obtained through the Site.
V. ORDERS
The taking of an Order on the Site is subject to the respect of the procedure set up by Limky on the Site, including successive steps leading to the validation of the Order.
The Customer can select as many Products as she wishes which will be added to the basket (the "Basket"). The Shopping Cart summarizes the Products selected by the Customer as well as the prices and fees related to them. The Customer may freely modify the Shopping Cart before validating her Order. The validation of the Order confirms the Customer's acceptance of the Terms and Conditions of Sale, the Products purchased, their price and the associated costs.
A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity...) will be sent to the Customer by Limky. For this purpose, the Customer formally accepts the use of electronic mail for confirmation by Limky of the content of her Order. Invoices are available in the "my account" section of the Site.
VI. REFUSAL TO PROCESS AN ORDER
Limky reserves the right to replace or modify any content or information appearing on an Order. Despite Limky's best efforts to satisfy its customers' expectations, it is possible that Limky may refuse to process an Order after having sent the Customer the confirmation e-mail summarizing the Order.
Limky cannot be held responsible towards the Customer or a third party for the damaging consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or the refusal to process an Order after sending the confirmation email summarizing the Order.
Limky also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous order or an objective suspicion of fraud.
VII. PRICES AND PAYMENT TERMS
The prices of the products are indicated on the Site in Euros for Europe. Customs duties and other taxes must be paid by the Customer directly to the carrier.
All prices displayed are calculated and include the value added tax (VAT) applicable in France or that applicable in the country of delivery located in the European Union.
Limky reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in effect at the time of registration and payment of the Order, subject to availability.
The Products are payable in cash at the time of the effective Order.
The payment of purchases is made either via Paypal or via the secure platform of our payment provider STRIPE.
Paypal (Europe) S.à.r.l. et Cie, is a Luxembourg limited partnership with shares, registered with the R.C.S. of Luxembourg under the number B118349, whose registered office is located at 22-24, Boulevard Royal - L-2449 Luxembourg. For any information, the Customer can consult the following website: https://www.paypal.com.
STRIPE is a company registered under the number 34259528, whose registered office is located in the Netherlands. For any information, the Customer may consult the following website: https://www.adyen.com
The Customer expressly recognizes that the communication of her bank card number to Limky is equivalent to authorization to debit her Account for the price of the Products ordered. If necessary, a notification of cancellation of the Order for lack of payment is sent to the Customer by Limky on the email address communicated by the Customer during her registration on the Site.
The data recorded and kept by Limky constitute the proof of the Order and of all past sales. The data recorded by Paypal or STRIPE constitute the proof of any financial transaction between the Customer and Limky.
VIII. DELIVERY
Deliveries are made by Colissimo services from Monday to Saturday, depending on the option chosen by the Customer when validating his/her Order.
Delivery refers to the transfer of physical possession of the Products to the Customer (the "Delivery").
The Delivery fees applicable to the Order are those mentioned on the Site at the time of the Order under the heading "Delivery and Returns".
When Limky takes care of the routing of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of the Delivery.
By exception, the risk is transferred to the Customer at the time of the delivery of the Product to the carrier when the latter is in charge of the transport by the Customer and not by Limky.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the address of residence of the Customer, of a natural person of his choice or of a legal entity (delivery to his company). Delivery cannot be made to hotels or post office boxes.
In case of impossibility to carry out the Delivery, due to an erroneous delivery address or to the absence of withdrawal by the Customer of her Order at the selected point of withdrawal, no re-shipment can be carried out and the Customer will be reimbursed within ten (10) days as from the reception of the Order by Limky.
Limky ships the Orders within a maximum of ten (10) working days. Delivery is then guaranteed within the time indicated by the carrier (refer to the delivery time section for more details). This period is counted from the first working day after the validation of the Order.
In order for these deadlines to be respected, the Customer must ensure that she has communicated exact and complete information concerning the Delivery address (such as, in particular: street number, building, staircase, access codes, names and/or intercom numbers, etc.).
Limky cannot be held responsible for a delay in delivery that is not of its making or justified by a case of force majeure (as defined below).
If the delivery time is exceeded, the Customer can ask for the cancellation of the sale and obtain a refund of the sums paid for the Order within a maximum period of fourteen (14) days of her request in this sense. With the exception of the above, Limky cannot be held responsible for the consequences of a delay in delivery, only the reimbursement of the Product by Limky being possible to the exclusion of any other form of compensation.
IX. RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS 9.1. Time limit and terms for exercising the right of withdrawal
In accordance with Article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days from the date of receipt of the Order to exercise his or her right of withdrawal from Limky, without having to justify his or her decision.
The exercise of the right of retraction can be done either by logging on to the customer account in the "order" section, or by using and sending the retraction form in the appendix of the General Sales Conditions, by mail, to the following address Limky - 229 rue Saint Honoré - 75001 Paris, France, or by email to hello@limky.fr.
9.2 Terms of return of the Order within the framework of the right of retraction
The right of withdrawal is exercised without penalty.
The Customer shall return the Order with a return slip, without undue delay and, at the latest, within fourteen (14) days of communicating her/his decision to withdraw, in accordance with Article L. 221-21 of the French Consumer Code.
Beyond this fourteen (14) day period, the sale is firm and final. The Product must be returned in its original packaging, in its original condition, new, unworn and unwashed. To make a return, the Customer must follow the procedure indicated on the return form received with her Order.
The return of Products is at the Customer's expense and risk.
9.3. Reimbursement of Products returned within the framework of the right of retraction
The reimbursement of the Order by Limky is made at the latest within thirty (30) days from the date on which LIMKY is informed of the Client's decision to withdraw. However, the reimbursement is made under the condition that Limky has been able to recover the Products that are the object of the return and of the request for reimbursement.
Limky will reimburse the Customer using the same means of payment as the one used for the payment of the Order, unless the Customer expressly agrees to use another. If this means of payment has expired, the Customer must contact customer service to change the method of reimbursement, without incurring any costs for the consumer. Limky cannot be responsible for reimbursement on an expired means of payment.
If the Customer does not respect the present GTC, Limky cannot proceed with the reimbursement of the Products concerned. In all cases, the return costs are the responsibility of Limky if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged or defective.
X. GUARANTEES - LIMITATION OF RESPONSIBILITY 10.1 Limitation of responsibility
The responsibility of Limky with respect to any Product purchased on the Site is strictly limited to the purchase price of the latter. Limky will in no case be responsible for the following losses, regardless of their origin:
- loss of income or sales
- loss of exploitation
- loss of profits or contracts
- loss of anticipated savings
- loss of data
- loss of work or management time
- loss of image
- loss of opportunity, in particular to order a Product,
- moral prejudice.
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 by the law.
Limky does not provide any guarantee concerning any prejudice that could be caused by the transmission of a computer virus, a worm, a time bomb, a Trojan horse, a cancelbot or any other form of programming routine designed to damage, destroy or deteriorate in any other way a functionality of a computer or to hinder the proper functioning of the latter, including any transmission resulting from the downloading of any content carried out by the Customer, the software used by the Customer to download the content, the Site or the server that allows access to it. In this regard, Customer acknowledges that it is Customer's responsibility to install appropriate anti-virus and security software on Customer's computer hardware and other devices to protect against harmful bugs, viruses and other such programming routines.
Customer acknowledges that it assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that it is solely responsible for any damage to its computer system or loss of data that results from the download of such content.
LImky is only obliged to deliver Products that comply with the contractual provisions. Products shall be deemed to conform to the contractual provisions if the following conditions are met: (i) they conform to the description and possess the characteristics set forth on the Site; (ii) they are fit for the purposes for which products of this kind are generally designed; (iii) they meet the quality and strength criteria that are generally accepted for products of the same kind and can reasonably be expected.
In addition, LImky warrants to consumers that the Products for sale on the Site are free from defects in materials and workmanship under the following conditions:
10.2 Legal Warranties
All products on sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 and following of the French Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of the French Civil Code), allowing the Customer to return defective or non-conforming Products at no cost.
Legal guarantee of conformity
Article L217-4 of the French Consumer Code: "The seller is required to deliver goods that conform to the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible 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.
Article L211-5 of the Consumer Code: "To be in conformity with the contract, the goods must:
1) Be fit for the purpose usually expected of similar goods and, where appropriate :
correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model;
have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2) Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L211-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods."
Warranty against hidden defects
Article 1641 of the French Civil Code: "The seller is bound by the warranty for latent defects in the item 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 paid a lesser price for it, if he had known of them.
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."
Within the framework of the legal guarantee of the hidden defects, Benda Bili, at the choice of the Customer, commits itself, after evaluation of the defect :
- Either to refund the totality of the price of the returned Product,
- Or to refund a part of the price of the product if the Customer decides to keep the product.
Exclusion of guarantees
Products that have been modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty will not apply to visible defects. The warranty will not cover Products damaged during transport after delivery or due to misuse.
10.3 Terms of implementation of the guarantees
Within the framework of the legal guarantee of conformity, the Customer: (i) has a period of two (2) years from the delivery of the goods to act; (ii) may choose between repair or replacement of the good, subject to the cost conditions provided for in Article L217-9 of the Consumer Code; (iii) is exempted from proving the existence of the lack of conformity of the good during the two years. The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted. The Customer may decide to implement the warranty 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 Customer must contact Limky at hello@limky.com.
These provisions are not exclusive of the right of retraction defined in Article 9 above.
10.4 Consequences of the implementation of legal guarantees
Within the framework of the legal guarantee of conformity, Limky, commits to the choice of the Customer: - either to replace the Product by an identical product according to available stocks,
- or to refund the price of the Product if the replacement of a Product proves impossible. Within the framework of the legal guarantee of hidden defects, Limky, according to the Customer's choice, commits, after evaluation of the defect : - either to reimburse the Customer for the entire price of the returned Product, or to reimburse a part of the price of the Product if the Customer decides to keep the Product.
10.5 Force Majeures
In case of an event of force majeure preventing the execution of the present GCS, Limky will inform the Customer within fifteen (15) days of the occurrence of this event, by e-mail or by registered letter with acknowledgement of receipt. Expressly, are considered as force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of the French courts and tribunals, total or partial strikes, lock-out, riot, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, act of terrorism, 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 or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned can be terminated at the request of Limky or the Customer without compensation for either party. The Customer's failure to pay cannot be justified by a case of force majeure.
XI. RESERVATION OF OWNERSHIP
Limky retains full and complete ownership of the Products sold until full payment of the full price, in principal, expenses, taxes and mandatory contributions included.
XII. PARTIAL INVALIDITY
If one or more stipulations of the present GTC are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.
XIII. NON-WAIVER
No tolerance, inaction or inertia on the part of Limky can be interpreted as a renunciation of its rights under the terms of the GTC.
I. APPLICATION OF THE GENERAL CONDITIONS OF SALE
The general sales conditions (the "GSC") detailed below apply to all orders of products and services placed via the Site (the "Products") with Limky by any person (the "Customer").
The Customer must take note of the GTC prior to any order (the "Order"), the GTC being available on our Site.
Limky reserves the right to adapt or modify the present GTC at any time. The version of the GTC applicable to any sale is the one appearing online on the site www.limky.fr at the time of the Order. Consequently, the fact of placing an Order requires the Customer's entire prior adhesion, without reserve, to the GCS by clicking on the button "I have read and accept the general sales conditions".
II. INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE
www.limky.fr is an e-commerce site (for electronic commerce) which belongs to SAS Limky.
The Site is accessible to all users with access to the Internet 7/7, except for interruptions, programmed or not, by Limky, for the needs of its maintenance and/or security or in the case of force majeure (as defined below). Limky cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
Limky does not guarantee that the Site will not subsequently suffer from anomalies, errors or bugs, nor that the Site will function without breakdown or interruption. In this respect, it can freely determine at its own discretion any period of unavailability of the Site or its content. Limky cannot be held responsible for problems of data transmission, connection or unavailability of the network.
Limky reserves the right to modify the Site, for technical or commercial reasons, when it considers it necessary. When these modifications do not alter the conditions of the supply of the services, in a substantial and negative way, the Customer can be informed of the intervening modifications, but her acceptance is not requested.
III.PRODUCTS
The Products offered for sale are those described on the Site on the day of the consultation of the Site by the Customer, within the limits of available stocks. These indications are automatically updated in real time. However, an error in the update, whatever its origin, does not engage the responsibility of Limky. In this respect, Limky cannot be held responsible for the cancellation of an Order for a Product due to the exhaustion of stocks.
Limky takes the greatest care in the presentation and description of its Products to satisfy the Customer's information as much as possible. It is however possible that errors may appear on the Site, which the Customer recognizes and accepts.
Limky guarantees neither the accuracy nor the security of the information transmitted or obtained through the Site.
V. ORDERS
The taking of an Order on the Site is subject to the respect of the procedure set up by Limky on the Site, including successive steps leading to the validation of the Order.
The Customer can select as many Products as she wishes which will be added to the basket (the "Basket"). The Shopping Cart summarizes the Products selected by the Customer as well as the prices and fees related to them. The Customer may freely modify the Shopping Cart before validating her Order. The validation of the Order confirms the Customer's acceptance of the Terms and Conditions of Sale, the Products purchased, their price and the associated costs.
A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity...) will be sent to the Customer by Limky. For this purpose, the Customer formally accepts the use of electronic mail for confirmation by Limky of the content of her Order. Invoices are available in the "my account" section of the Site.
VI. REFUSAL TO PROCESS AN ORDER
Limky reserves the right to replace or modify any content or information appearing on an Order. Despite Limky's best efforts to satisfy its customers' expectations, it is possible that Limky may refuse to process an Order after having sent the Customer the confirmation e-mail summarizing the Order.
Limky cannot be held responsible towards the Customer or a third party for the damaging consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or the refusal to process an Order after sending the confirmation email summarizing the Order.
Limky also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous order or an objective suspicion of fraud.
VII. PRICES AND PAYMENT TERMS
The prices of the products are indicated on the Site in Euros for Europe. Customs duties and other taxes must be paid by the Customer directly to the carrier.
All prices displayed are calculated and include the value added tax (VAT) applicable in France or that applicable in the country of delivery located in the European Union.
Limky reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in effect at the time of registration and payment of the Order, subject to availability.
The Products are payable in cash at the time of the effective Order.
The payment of purchases is made either via Paypal or via the secure platform of our payment provider STRIPE.
Paypal (Europe) S.à.r.l. et Cie, is a Luxembourg limited partnership with shares, registered with the R.C.S. of Luxembourg under the number B118349, whose registered office is located at 22-24, Boulevard Royal - L-2449 Luxembourg. For any information, the Customer can consult the following website: https://www.paypal.com.
STRIPE is a company registered under the number 34259528, whose registered office is located in the Netherlands. For any information, the Customer may consult the following website: https://www.adyen.com
The Customer expressly recognizes that the communication of her bank card number to Limky is equivalent to authorization to debit her Account for the price of the Products ordered. If necessary, a notification of cancellation of the Order for lack of payment is sent to the Customer by Limky on the email address communicated by the Customer during her registration on the Site.
The data recorded and kept by Limky constitute the proof of the Order and of all past sales. The data recorded by Paypal or STRIPE constitute the proof of any financial transaction between the Customer and Limky.
VIII. DELIVERY
Deliveries are made by Colissimo services from Monday to Saturday, depending on the option chosen by the Customer when validating his/her Order.
Delivery refers to the transfer of physical possession of the Products to the Customer (the "Delivery").
The Delivery fees applicable to the Order are those mentioned on the Site at the time of the Order under the heading "Delivery and Returns".
When Limky takes care of the routing of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of the Delivery.
By exception, the risk is transferred to the Customer at the time of the delivery of the Product to the carrier when the latter is in charge of the transport by the Customer and not by Limky.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the address of residence of the Customer, of a natural person of his choice or of a legal entity (delivery to his company). Delivery cannot be made to hotels or post office boxes.
In case of impossibility to carry out the Delivery, due to an erroneous delivery address or to the absence of withdrawal by the Customer of her Order at the selected point of withdrawal, no re-shipment can be carried out and the Customer will be reimbursed within ten (10) days as from the reception of the Order by Limky.
Limky ships the Orders within a maximum of ten (10) working days. Delivery is then guaranteed within the time indicated by the carrier (refer to the delivery time section for more details). This period is counted from the first working day after the validation of the Order.
In order for these deadlines to be respected, the Customer must ensure that she has communicated exact and complete information concerning the Delivery address (such as, in particular: street number, building, staircase, access codes, names and/or intercom numbers, etc.).
Limky cannot be held responsible for a delay in delivery that is not of its making or justified by a case of force majeure (as defined below).
If the delivery time is exceeded, the Customer can ask for the cancellation of the sale and obtain a refund of the sums paid for the Order within a maximum period of fourteen (14) days of her request in this sense. With the exception of the above, Limky cannot be held responsible for the consequences of a delay in delivery, only the reimbursement of the Product by Limky being possible to the exclusion of any other form of compensation.
IX. RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS 9.1. Time limit and terms for exercising the right of withdrawal
In accordance with Article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days from the date of receipt of the Order to exercise his or her right of withdrawal from Limky, without having to justify his or her decision.
The exercise of the right of retraction can be done either by logging on to the customer account in the "order" section, or by using and sending the retraction form in the appendix of the General Sales Conditions, by mail, to the following address Limky - 229 rue Saint Honoré - 75001 Paris, France, or by email to hello@limky.fr.
9.2 Terms of return of the Order within the framework of the right of retraction
The right of withdrawal is exercised without penalty.
The Customer shall return the Order with a return slip, without undue delay and, at the latest, within fourteen (14) days of communicating her/his decision to withdraw, in accordance with Article L. 221-21 of the French Consumer Code.
Beyond this fourteen (14) day period, the sale is firm and final. The Product must be returned in its original packaging, in its original condition, new, unworn and unwashed. To make a return, the Customer must follow the procedure indicated on the return form received with her Order.
The return of Products is at the Customer's expense and risk.
9.3. Reimbursement of Products returned within the framework of the right of retraction
The reimbursement of the Order by Limky is made at the latest within thirty (30) days from the date on which LIMKY is informed of the Client's decision to withdraw. However, the reimbursement is made under the condition that Limky has been able to recover the Products that are the object of the return and of the request for reimbursement.
Limky will reimburse the Customer using the same means of payment as the one used for the payment of the Order, unless the Customer expressly agrees to use another. If this means of payment has expired, the Customer must contact customer service to change the method of reimbursement, without incurring any costs for the consumer. Limky cannot be responsible for reimbursement on an expired means of payment.
If the Customer does not respect the present GTC, Limky cannot proceed with the reimbursement of the Products concerned. In all cases, the return costs are the responsibility of Limky if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged or defective.
X. GUARANTEES - LIMITATION OF RESPONSIBILITY 10.1 Limitation of responsibility
The responsibility of Limky with respect to any Product purchased on the Site is strictly limited to the purchase price of the latter. Limky will in no case be responsible for the following losses, regardless of their origin:
- loss of income or sales
- loss of exploitation
- loss of profits or contracts
- loss of anticipated savings
- loss of data
- loss of work or management time
- loss of image
- loss of opportunity, in particular to order a Product,
- moral prejudice.
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 by the law.
Limky does not provide any guarantee concerning any prejudice that could be caused by the transmission of a computer virus, a worm, a time bomb, a Trojan horse, a cancelbot or any other form of programming routine designed to damage, destroy or deteriorate in any other way a functionality of a computer or to hinder the proper functioning of the latter, including any transmission resulting from the downloading of any content carried out by the Customer, the software used by the Customer to download the content, the Site or the server that allows access to it. In this regard, Customer acknowledges that it is Customer's responsibility to install appropriate anti-virus and security software on Customer's computer hardware and other devices to protect against harmful bugs, viruses and other such programming routines.
Customer acknowledges that it assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that it is solely responsible for any damage to its computer system or loss of data that results from the download of such content.
LImky is only obliged to deliver Products that comply with the contractual provisions. Products shall be deemed to conform to the contractual provisions if the following conditions are met: (i) they conform to the description and possess the characteristics set forth on the Site; (ii) they are fit for the purposes for which products of this kind are generally designed; (iii) they meet the quality and strength criteria that are generally accepted for products of the same kind and can reasonably be expected.
In addition, LImky warrants to consumers that the Products for sale on the Site are free from defects in materials and workmanship under the following conditions:
10.2 Legal Warranties
All products on sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 and following of the French Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of the French Civil Code), allowing the Customer to return defective or non-conforming Products at no cost.
Legal guarantee of conformity
Article L217-4 of the French Consumer Code: "The seller is required to deliver goods that conform to the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible 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.
Article L211-5 of the Consumer Code: "To be in conformity with the contract, the goods must:
1) Be fit for the purpose usually expected of similar goods and, where appropriate :
correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model;
have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2) Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L211-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods."
Warranty against hidden defects
Article 1641 of the French Civil Code: "The seller is bound by the warranty for latent defects in the item 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 paid a lesser price for it, if he had known of them.
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."
Within the framework of the legal guarantee of the hidden defects, Benda Bili, at the choice of the Customer, commits itself, after evaluation of the defect :
- Either to refund the totality of the price of the returned Product,
- Or to refund a part of the price of the product if the Customer decides to keep the product.
Exclusion of guarantees
Products that have been modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty will not apply to visible defects. The warranty will not cover Products damaged during transport after delivery or due to misuse.
10.3 Terms of implementation of the guarantees
Within the framework of the legal guarantee of conformity, the Customer: (i) has a period of two (2) years from the delivery of the goods to act; (ii) may choose between repair or replacement of the good, subject to the cost conditions provided for in Article L217-9 of the Consumer Code; (iii) is exempted from proving the existence of the lack of conformity of the good during the two years. The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted. The Customer may decide to implement the warranty 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 Customer must contact Limky at hello@limky.com.
These provisions are not exclusive of the right of retraction defined in Article 9 above.
10.4 Consequences of the implementation of legal guarantees
Within the framework of the legal guarantee of conformity, Limky, commits to the choice of the Customer: - either to replace the Product by an identical product according to available stocks,
- or to refund the price of the Product if the replacement of a Product proves impossible. Within the framework of the legal guarantee of hidden defects, Limky, according to the Customer's choice, commits, after evaluation of the defect : - either to reimburse the Customer for the entire price of the returned Product, or to reimburse a part of the price of the Product if the Customer decides to keep the Product.
10.5 Force Majeures
In case of an event of force majeure preventing the execution of the present GCS, Limky will inform the Customer within fifteen (15) days of the occurrence of this event, by e-mail or by registered letter with acknowledgement of receipt. Expressly, are considered as force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of the French courts and tribunals, total or partial strikes, lock-out, riot, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, act of terrorism, 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 or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned can be terminated at the request of Limky or the Customer without compensation for either party. The Customer's failure to pay cannot be justified by a case of force majeure.
XI. RESERVATION OF OWNERSHIP
Limky retains full and complete ownership of the Products sold until full payment of the full price, in principal, expenses, taxes and mandatory contributions included.
XII. PARTIAL INVALIDITY
If one or more stipulations of the present GTC are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.
XIII. NON-WAIVER
No tolerance, inaction or inertia on the part of Limky can be interpreted as a renunciation of its rights under the terms of the GTC.