利用規約
TERMS OF SERVICE
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OVERVIEW
This website is operated by La Bien Aimée . Throughout the site, the terms “we”, “us” and “our” refer to La Bien Aimée . La Bien Aimée offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not promise that every error on the website will be corrected. This says nothing about the yarn itself: the goods we sell you carry a legal guarantee that Section 13 explains and that we cannot sign away.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - OUR GUARANTEE ON THE YARN, AND THE LIMITS OF OUR LIABILITY
The yarn. If you are a consumer in the European Union, everything we sell you comes with a legal guarantee of conformity that lasts at least two years from delivery — the goods must match their description and be fit for what yarn is for. In France that is articles L217-3 and following of the Code de la consommation. Hidden defects are covered separately by articles 1641 and following of the Code civil. Those rights are free, they are yours by law, and nothing in these Terms — here or anywhere else — shortens them, adds conditions to them or signs them away. If any wording in these Terms appears to, it does not apply to you. If something is wrong with your yarn, email us at sales@labienaimee.com and we will sort it out.
The website. The website is a website. We do not promise it will always be up, always be quick, or never have a mistake on it. We may take it down for maintenance and we may change or drop any part of it. Third-party tools we link out to are provided as they come and are not ours to guarantee.
Where our liability stops. We are responsible for loss that is a foreseeable result of us breaking this agreement or failing to take reasonable care. We are not responsible for business losses — lost profit, lost revenue, lost data, lost opportunity — because our shop is for personal use. We do not limit our liability for death or personal injury caused by our negligence, for fraud, for any breach of the legal guarantees above, or for anything else the law does not let us limit.
SECTION 14 - IF YOU BREAK THESE TERMS
If you are buying as a business, you agree to cover La Bien Aimée and the people who work with us against claims a third party brings against us because you broke these Terms or broke the law.
If you are a consumer, this does not apply to you. We are not asking you to take on our legal costs or to carry risks that French law puts on us. If you break these Terms, ordinary law decides what follows — nothing more.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service, and any separate agreement under which we provide you Services, are governed by the law of France. If you are a consumer living in another EU country, you also keep every protection your own country’s mandatory consumer law gives you — choosing French law here does not take those away, and you can always bring a claim in the courts where you live.
If something goes wrong and we cannot sort it out between us, you can take it to a consumer mediator free of charge before going to court: [CONSUMER MEDIATOR — name and contact to be supplied].
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact@labienaimee.com
Shipping:
Shipping delays:
All orders will ship in 5-7 business days after they are placed. Our shipping days are Monday-Thursday, excluding national holidays. Due to lowered production capacity because of the restrictions and obstacles imposed by covid, our shipping times may vary.
During our promotion periods we require 14 - 21 business days (not including weekends and holidays) to prepare and ship orders due to the large number amount of orders. If you would like to know where your order is in the queue, please feel free to email us at sales@labienaimee.com.
Once your package is shipped and taken in charge by the carrier, he is not longer in charge of La Bien Aimée and is the responsibility of the customer.
Pre-order items:
The delay for pre-order items is always explained in the reference for the item you are purchasing. If you have questions about your pre-ordered item, please email us at sales@labienaimee.com . Please include your order number when contacting us.
Return:
If you’d like to return items purchased from our online shop, please contact us at sales@labienaimee.com within 14 days of receiving your order (return requests made more than 14 days after reception will not be accepted.) If you are exercising your legal 14-day right to change your mind, set out in the next paragraph, telling us is enough — you do not need to wait for us to agree.
Your legal right to change your mind (14 days). If you are a consumer in the EU, you have 14 days from the day you receive your order to tell us you are cancelling. No reason needed, no permission needed. Tell us within those 14 days, send the goods back within 14 days of telling us, and we refund you within 14 days of hearing from you — including the standard outbound delivery you paid, if the whole order goes back. We may hold the refund until the goods reach us or you show us you have posted them. Return postage is yours to pay. Anything below this paragraph is our own goodwill policy and does not shorten this right.
Check our Return/refund policy here: Return/ Refund Policy
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. To complete your return, we require a receipt or proof of purchase.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
If you are shipping an item over €75, you should consider using a trackable shipping service or purchasing shipping insurance. We are unable to guarantee that we will receive your returned item.
If you would like to access, correct, amend or delete any personal information we hold about you, ask for a copy of it, object to how we use it or make a complaint, email us at contact@labienaimee.com with “Privacy” in the subject line. Our Privacy Policy sets out all of your rights in full, including your right to complain to the CNIL, France’s data protection authority.
Beyond the 14-day right, our own goodwill returns do not extend to sale items.
Any item not in its original condition is damaged or missing parts for reasons not due to our error is uneligible for return/refund.
Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed and sent to you via Paypal or the original method of payment, within 3-5 business days and in every case within 14 days of the day you told us you were cancelling.
Late or missing refunds (if applicable):
If you haven’t received a refund yet, first check your PayPal account again. If you’ve done all of this and you still have not received your refund yet, please contact us at sales@labienaimee.com.
Sale items
Your 14-day right to change your mind covers sale and discounted items in exactly the same way as full-price ones. Past those 14 days, our goodwill returns are for full-price items only.
Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at sales@labienaimee.com and send your item to: La Bien Aimée, 63 Boulevard Masséna, Paris, France, 75013.
Gifts
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.
If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.
Combined Shipping:
At this time, we are unable to accommodate combined shipping for orders.