Terms of Sale
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OVERVIEW
This website is operated by Lola et Noé. Throughout the site, the terms "we", "us" and "our" refer to Lola et Noé. Lola et Noé 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 ("General Terms of Sale", "General Terms of Sale and Use", "Terms"), including those additional terms, conditions and policies referenced herein and/or available by hyperlink. These General Terms of Sale and Use 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 General Terms of Sale and Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these General Terms of Sale and Use. 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 General Terms of Sale and Use are considered an offer, acceptance is expressly limited to these General Terms of Sale and Use.
Any new features or tools which are added to this store shall also be subject to these General Terms of Sale and Use. You can review the most current version of the General Terms of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these General Terms of Sale and Use 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.
ARTICLE 1 – TERMS OF USE OF OUR ONLINE STORE
By agreeing to these General Terms of Sale and Use, you represent that you are at least the age of majority in your country, state or province of residence, and that 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 these General Terms of Sale and Use will result in an immediate termination of your Services.
ARTICLE 2 – GENERAL TERMS
We reserve the right to refuse service to anyone for any reason at any time.
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 from us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 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.
ARTICLE 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.
ARTICLE 5 – PRODUCTS
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 any time 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 warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Some of our items must be used and stored with care, please note that:
- Our textiles must, because of their material, be kept away from any source of heat, as they may be flammable.
Lola et Noé cannot be held liable for any damage resulting from misuse of its products.
ARTICLE 6 – ORDERING
A buyer who wishes to purchase a product through the site must follow the online ordering process, which includes an identification phase, a phase for verifying and validating the products, a payment phase under the conditions provided, and a phase for confirming the order and payment. Confirmation of the order entails acceptance of these terms of sale, acknowledgment of having full knowledge of them, and waiver of any right to rely on the buyer's own terms of purchase or other terms. All the data provided, together with the recorded confirmation, shall constitute proof of the transaction. Lola et Noé will send, by e-mail, the confirmation of the recorded order, which will constitute acceptance of the order. Lola et Noé reserves the right to refuse any order or delivery in the event of: an existing dispute with the customer, refusal of payment authorization by banking and insurance institutions, non-payment or partial payment. The liability of Lola et Noé may not, in any such case, be engaged on this basis.
ARTICLE 7 – PAYMENT
The price is payable in full and in a single payment at the time of the order. Online payment is made through a secure system via Stripe or Paypal, so that no third party can have access to the data transmitted on this occasion. This payment will be made immediately over the Internet, unless the server is unavailable.
ARTICLE 8 – DELIVERY AND DELIVERY TIMES
Products are shipped to the delivery address given by the customer in the fields to be completed when placing the order. The supporting invoice is sent to the e-mail address provided by the customer.
The delivery address is the one given by the customer, who declares having provided an exact and complete address; the liability of Lola et Noé cannot be engaged for an erroneous address.
Lola et Noé makes every effort to meet delivery times. The average delivery time is 7 to 20 business days for France, 10 to 20 business days for Canada, 10 to 20 business days for Spain, Belgium, Switzerland and Germany, and 15 to 25 business days for the United States. This time may vary depending on the time of year and the choice of product (some of our products require a longer production time) and may exceptionally reach 30 business days. Nevertheless, Lola et Noé cannot be held liable for the consequences of a delivery delay or loss of a parcel caused by a third party or by the customer, or due to an unforeseeable and insurmountable cause constituting a case of force majeure. Risks are borne by the buyer from the moment the products have left the premises of Lola et Noé. In the event of damage during transport, a reasoned protest must be made to the carrier within three days of delivery.
Returns and Refunds
Every customer has the option of making a return to our return center based in Canada if the item does not suit them. A full refund of the order may then be issued. Return shipping costs remain the responsibility of the customer. Please refer to our return policy for more details.
If your products have any manufacturing defect, send us a photo of the product in question within 48 hours of receiving it (in the original packaging if possible) at contact@lola-et-noe.com, together with your order number. Should an item present a manufacturing defect or a non-conformity, it is imperative that you contact us within 48 hours of receiving the order. After this period, the order is deemed to be conforming.
ARTICLE 9 – 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 e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Return Policy.
Prices
The prices shown on this merchant site are understood to include all taxes, excluding handling and shipping costs, which are applied and detailed at the time of the order. The seller Lola et Noé reserves the right to change its prices at any time; products are invoiced on the basis of the rates in force at the time the order is validated, subject to availability. The products remain the property of Lola et Noé until the price has been paid in full.
ARTICLE 10 – 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 the 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 General Terms of Sale and Use.
ARTICLE 11 – 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.
ARTICLE 12 – 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 e-mail, 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 to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party's intellectual property or these General Terms of Sale and Use.
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.
ARTICLE 13 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 14 – ERRORS, INACCURACIES AND OMISSIONS
Information on our website or in the Service may occasionally contain typographical errors, inaccuracies, or omissions, which may concern product descriptions, prices, promotions, offers, product shipping fees, delivery times, and availability. We reserve the right, at any time and without prior notice (including after you have placed your order), to correct any error, inaccuracy, or omission, to change or update information, or to cancel orders if any information in the Service or on any associated website proves to be inaccurate.
We are not obligated to update, modify, or clarify information in the Service or on any associated website, including but not limited to pricing information, unless the law requires us to do so. No particular update or revision date shown in the Service or on any associated website should be relied upon to conclude that the information in the Service or on any associated website has been modified or updated.
ARTICLE 15 – PROHIBITED USES
In addition to the prohibitions stated in the General Terms and Conditions of Sale and Use, you may not use the site or its content: (a) for unlawful purposes; (b) to encourage third parties to commit unlawful acts or to take part in them; (c) to break any regional ordinance or any international, federal, provincial, or state law, rule, or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, mistreat, insult, injure, defame, slander, belittle, intimidate, or discriminate against anyone based on sex, sexual orientation, religion, ethnic origin, race, age, national origin, or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses or any other kind of malicious code that will or could be used in a way that undermines the functionality or operation of the Service, of any other associated or independent website, or of the Internet; (h) to gather or track other people’s personal information; (i) to send spam, engage in phishing, hijack domains, obtain information through deception, or crawl, spider, or scrape the web (or any other resource); (j) for obscene or immoral purposes; or (k) to compromise or bypass the security measures of our Service, of any other website, or of the Internet. We reserve the right to end your use of the Service or of any related website for breaching these prohibited uses.
ARTICLE 16 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We make no guarantee or claim of any kind that your use of our Service will be free from interruption, timely, secure, or error-free.
We do not guarantee that any results you may obtain through use of the Service will be accurate or dependable.
You agree that we may, from time to time, take the Service offline for indefinite periods or discontinue the Service at any time, without giving you prior notice.
You expressly agree that you use the Service, or are unable to use it, entirely at your own risk. Unless we expressly state otherwise, the Service and all products and services delivered to you through the Service are made available for your use "as is" and "as available," without any representation, warranty, or condition of any kind, whether express or implied, including any implied warranty of merchantability or merchantable quality, fitness for a particular purpose, durability, title, or non-infringement.
Lola et Noé, together with our directors, officers, employees, affiliated companies, agents, contractors, interns, suppliers, service providers, and licensors, shall under no circumstances be held liable for any injury, loss, or claim, or for any direct, indirect, incidental, punitive, special, or consequential damages of any nature whatsoever, including without limitation lost profits, lost revenue, lost savings, lost data, replacement costs, or any comparable damages, whether arising in contract, in tort (including negligence), under strict liability, or on any other basis, that result from your use of any service or product obtained through this Service, or from any other claim connected in any way to your use of the Service or of any product, including without limitation any error or omission in any content, or any loss or damage of any kind arising from the use of the Service or of any content (or product) posted, transmitted, or otherwise made available through the Service, even if you were informed that such damages might occur. Because some states or jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, in those states or jurisdictions our liability shall be limited to the fullest extent the law allows.
ARTICLE 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Lola et Noé, our parent company, subsidiaries, affiliated companies, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, brought by any third party because of or arising from your breach of these Terms and Conditions of Sale and Use or of the documents they reference, or from your violation of any law or of the rights of a third party.
ARTICLE 18 – SEVERABILITY
If any provision of these Terms and Conditions of Sale and Use is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforced to the fullest extent the law permits, and the unenforceable portion shall be treated as severed from these Terms and Conditions of Sale and Use; such severance shall not affect the validity or enforceability of any of the remaining provisions.
ARTICLE 19 – TERMINATION
Any obligations and liabilities incurred by the parties before the termination date shall remain in effect, for all purposes, after this agreement is terminated.
These Terms and Conditions of Sale and Use remain in effect unless and until they are terminated by you or by us. You may terminate these Terms and Conditions of Sale and Use at any time by informing us that you no longer wish to use our Services, or by ceasing to use our site.
If we determine, in our sole discretion, that you fail to comply with, or we suspect that you have failed to comply with, any term or provision of these Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without advance notice, in which case you will remain liable for all amounts owed up to and including the termination date, and/or we may deny you access to our Services (or to any part of them).
ARTICLE 20 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not be deemed a waiver of that right or provision.
These Terms and Conditions of Sale and Use, together with any other policy or operating rule we post on this site or in connection with the Service, make up the entire understanding and agreement between you and us, govern your use of the Service, and supersede all prior and contemporaneous communications, proposals, and agreements, whether oral or written, between you and us (including, without limitation, any earlier version of the Terms and Conditions of Sale and Use).
Any ambiguity in the interpretation of these Terms and Conditions of Sale and Use shall not be construed against the drafting party.
ARTICLE 21 – GOVERNING LAW
These Terms and Conditions of Sale and Use, as well as any separate agreement under which we provide Services to you, shall be governed by and construed in accordance with the laws of France.
ARTICLE 22 – CHANGES TO THE TERMS AND CONDITIONS OF SALE AND USE
You may review the most current version of the Terms and Conditions of Sale and Use on this page at any time.
We reserve the right, in our sole discretion, to update, modify, or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to see whether any changes have been made. Your continued use of or access to our site after any change to these Terms and Conditions of Sale and Use has been posted constitutes your acceptance of that change.
ARTICLE 23 – CONTACT INFORMATION
Questions about the Terms and Conditions of Sale and Use should be sent to us at contact@lola-et-noe.com