General Terms & Conditions of Sale
PREAMBLE
LIVLAB SARL (hereinafter referred to as “LIVLAB”) distributes its various products in the following countries:
The entirety of the European Union (EU) as well as the European Economic Area (EEA);
The United States of America;
Australia;
Brazil;
Japan; and
South Korea.
In the interest of best serving its customers, LIVLAB offers its customers the possibility of purchasing their products over the Internet through an established online sale network.
This sale system, which requires the customer to actively visit the network and make his/her purchase, is intended to be in conformity with the regulations regarding distance selling and, notably, Articles L. 111-1, L. 112-1 and L. 221-1 et seq. of the French Code de la Consommation.
The conditions of this present Agreement are therefore solely intended to apply and consequently bind those customers acting in a non-professional capacity and who are regularly domiciled within one of the aforementioned territories.
Article 1: Scope of the Present Agreement
The present General Terms & Conditions will apply to all Dodow sales concluded via the Internet site: www.mydodow.com (hereinafter referred to as “the website”), with a view to delivering to one of the aforementioned territories.
As such, before placing an order on said website, the customer accepts that he/she has read and understood the terms of the present Agreement. It follows that by validating his/order, the customer agrees that he/she has unreservedly accepted the present Agreement and accepts to be bound by the Terms & Conditions therein.
Article 2: Our company
LIVLAB SARL, located at 4 Avenue du Président Wilson 75008 Paris, France, registered to the Paris Company Register under the number 753 502 194 00016.
Article 3: Conditions of placing an order
In order to place an order on the aforementioned website, the customer must be of legal age, be regularly domiciled in one of the aforementioned territories and be the cardholder, as per Article 5 of the present Agreement. Each order is accepted and fulfilled, provided that there is available stock.
As such, the customer is duly informed when the order is placed, either by the Customer Service team or on the website page with the product itself, of:
The availability of the iterm;
Or, if the item is currently unavailable, of the possibility of ordering the item to have it delivered at a later date.
If, despite LIVLAB's best efforts, the items ordered are not available, LIVLAB will inform the customer by e-mail within a reasonable time frame. If the customer's account has been debited following the purchase of said unavailable item, LIVLAB undertakes to refund any charges within a timeframe of fifteen (15) days.
The customer undertakes to provide LIVLAB (when liaising with the Customer Service department or when placing the order online) with information that is complete, correct and up-to-date so as to facilitate the processing of all orders. Failing this, LIVLAB reserves the right to: (i) wholly cancel the order as well as the payment or, (ii) place the order on standby unless and until the customer communicates the required information to LIVLAB in a timely manner.
Article 4: Price
All prices on the website are indicated in Euros (€), American dollars ($), Canadian dollars ($CA), Australian dollars ($AU), pound sterling (£), Japanese yen (¥) or in Korean won (₩) and are inclusive of all applicable taxes, with the exception of order bound for the US. In the latter case, the applicable state tax will be applied at checkout. Further, all prices are exclusive of the relevant delivery charges, which remain the sole responsibility of the customer, with the exception of temporary or permanent promotional offers.
Any customs charges are payable by the customer.
All prices indicated on the website are final. LIVLAB strives to ensure the accuracy of pricing on the website but accepts that pricing errors may occur. In the event that a product is listed at an incorrect price due to a typographical error, LIVLAB reserves the right to refuse or cancel all orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or the client's account charged.
All prices are subject to change at any time without notice. The price of a customer's order will be based on the tariffs in place when the order was initially made.
Article 5: Conditions of payment
Customers may make payments via the following methods:
Debit/Credit card (Visa, Eurocard/Mastercard, American Express)
Paypal
In the event of payment by debit or credit card, the cardholder's account will debited when the order is being prepared.
As such, when placing an order on the website, all customers guarantee that they are the cardholder, that the details on said card are theirs and that they agree to provide all bank details required to complete the order, including, but not limited to, the card number, the expiration date of the card as well as the Card Verification Value (CVV).
In the event that, for whatever reason (card blockage, insufficient funds…), the cardholder's account cannot be debited, the sale will immediately be cancelled.
In the event of a successful transaction, an invoice will be addressed to the e-mail address which the cardholder provided when placing the order. This invoice will be generated in accordance with the tariffs in place when the order was initially made.
LIVLAB accepts no responsibility for any typographical errors on said invoice.
Article 6: Delivery
In accordance with the French Code de la Consommation, any items ordered via the website will be delivered within the timeframe indicated by LIVLAB at checkout and, in the absence of any such indication, within thirty (30) days following the finalization of the order, as long as the full price has been paid.
The delivery timeframe communicated by LIVLAB are for informative purposes only and are not contractually binding. If, when the customer receives the item ordered, the exterior appears to be damaged, the customer agrees to open the package in the presence of the representative of the delivery company to fully assess its condition. In the event of a damaged article, the customer will immediately inform the Customer Service team, by sending an e-mail to the following address: service.client@mydodow.com. Any such request must be made in either French, English, Spanish, German or Italian.
Article 7: Cancellation of a recently registered order
There is a window period of four (4) hours between the time when your order is accepted on the Website and when the relevant information is transferred to the shipping company. Once said information has been sent, cancelling your order is no longer possible. As such, any cancellation request must be made within this time frame in for a full refund to be immediately processed. All requests must be made to service.client@mydodow.com. Any request sent after this window period has passed will be refused and any return fees will be payable by the customer.
Article 8: Cooling off period
LIVLAB accepts that some customers will not be entirely satisfied with the items ordered and will wish to exercise their statutory right to return the items. This right is subject to Article L. 221-18 of the French Code de la Consommation.
In accordance with said article, the cooling off period does not apply to items:
Personalised orders; or
Items which have been visibly used by the customer and which cannot be returned for hygiene or health reason.
Whilst the French Code de la Consommation allows for items to be returned within the fourteen (14) days following delivery, LIVLAB undertakes to extend this right to one hundred (100) days following delivery of any item purchased via its website.
The customer must, within the one hundred (100) days following delivery of the item, inform the Customer Service team of their intention (by sending an e-mail to service.client@mydodow.com) and address the item to: Livlab-Dodow, 99 rue du Faubourg du Temple 75010 Paris, France for all orders in Europe or Livlab-Dodow, EasyPost, 180 South 1140 West, Suite 16 A- Dock Door 18, Ogden UT 84404, USA for any other order.
Whenever an order is being returned under this Article, the customer must return the items in good condition in the original casing with all the accessories originally provided (batteries, user guides etc.) as well as indicate the order number as well as the name under which the order was placed. Any item which is returned without said accessories, or is damaged, dirty or in general poor condition will not be refunded or exchanged and no refund will be processed.
The return fees are payable by the customer, unless the he/she adduces proof showing that LIVLAB has delivered a defective item or one which is substantially different to what was ordered. The customer also accepts to provide proof of postage, with a valid tracking number.
LIVLAB undertakes to process the reimbursement of the sums paid for the returned article(s) via the same method by which the item was purchased (i.e. debit/credit card refund, Paypal, Stripe). By virtue of Article L.221-24 of the French Code de la Consommation, any additional fees paid by the customer for specific delivery method or extended warranties will not be reimbursed.
Any item returned to LIVLAB once this 100-day cooling off period has elapsed will not be refunded.
This Article applies solely to items purchased via www.mydodow.com. Any purchase of a product distributed by LIVLAB from a third party (Amazon, a point-of-sale etc.) is subject to the Terms & Conditions of sale of said establishment. However, this Article does not affect in any way the customer's right under Articles 217-4 et seq. of the French Code de la Consommation regarding the guarantee of conformity, indicated at Article 12 of this Agreement.
Article 9: Obligations of the various parties
LIVLAB, upon acceptance of an order, undertakes to verify, at all material times, that the items are in conformity with any applicable European Regulation.
The customer agrees to provide LIVLAB with a valid address to which the item ordered may be delivered. The provision of certain personal information (name, address, telephone number, e-mail address, postal address etc.) is compulsory so that the order may be processed. This information is necessary for the processing and delivery of orders and the generation of invoices. Should the customer enter any incomplete or incorrect information, the order will not be validated. In the event of an error in entering this information when the order is placed, LIVLAB accepts no liability for the eventual impossibility of delivering the item. Further, the cost of remedying any such error and effecting delivery will be at the cost of the customer.
Article 10: Liability
Whilst LIVLAB has taken great care and attention in providing the information on its website, www.mydodow.com, the company will not accept liability for any minor errors which appear. Similarly, whilst the photographs on the website are intended to be realistic reproductions of the products offered, the customer accepts that in some limited cases, certain minor errors may be present.
Furthermore, LIVLAB denies any and all liability for:
Any interruption or delay in communicating with the Customer Service team or when navigating the website due to maintenance works, temporary outages, a force majeure event, the acts of third parties or any other event which may occur, which is outside the control of LIVLAB; and
The customer's inability to contact the Customer Service team and/or access the website due to circumstances beyond its control, including, but not limited to, a technical glitch, an Internet outage etc.
Article 11: Legal conformity guarantee
Any Dodow, whether it be purchased via the Website or from a third party, is guaranteed by the statutory legal conformity guarantee against any underlying technical defect discovered during normal use of the article for a period of twenty-four (24) months. Any request for return under this Article must first be communicated to and approved by LIVLAB (by sending an e-mail to service.client@mydodow.com).
The customer must return the delivered item in its original packaging with all the accessories provided from the outset. The customer also accepts to provide proof of postage, with a valid tracking number. LIVLAB undertakes to cover any return fees incurred by the customer under this Article.
LIVLAB will address the new product to the customer once the original item has been received. Should the product no longer be in stock or if the product cannot be repaired, LIVLAB will offer a similar product to the customer or a reimbursement of the initial product price.
Article 12: Your Personal information
The customer undertakes to provide LIVLAB (when liaising with the Customer Service department or when placing the order online) with information that is complete, correct and up-to-date so as to facilitate the processing of all orders. Failing this, LIVLAB reserves the right to: (i) wholly cancel the order as well as the payment or, (ii) place the order on standby unless and until the customer communicates the required information to LIVLAB in a timely manner.
As a reminder, when na order is being placed, LIVLAB collects the following personal information: name, e-mail address, telephone number, shipping address, billing address, payment information. This information is necessary for the treatment of the order and will only be communicated to our partners whose intervention is necessary for the order to be processed (the payment companies which liaise with your issuing bank, the shipping company etc.). To learn more about our how your data is treated, visit our Privacy Policy.
In accordance with the French loi Informatique et Liberté of January 6, 1978, the customer has a right to access, modification, rectification and deletion of his personal information. Should the Customer wish to exercise any of these rights, he must write to LIVLAB, 4 avenue du Président Wilson, 75008 Paris, France, indicating his/her name and address and the details of the request.
LIVLAB reserves the right to collect customers' data via the use of cookies in order to improve the level of service offered.
Article 13: Severability of these terms and conditions
The invalidity or unenforceability of one of the terms or conditions included in this Agreement will have no effect on the application or the validity of the other included herein. The invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
Article 14: Force majeure
The performance of a contractual obligation by LIVLAB under this Agreement may be suspended in the event of an event constituting a force majeure under Article 1218 of the French Code Civil, as long as this event impedes said performance or renders it impossible. LIVLAB will inform the customer of said event within seven (7) days of its arisal. Should the suspension of the parties' contractual obligations surpass fifteen (15) days, the customer will have the option of cancelling the order and LIVLAB agrees to provide a full refund within a reasonable time frame.
Article 15: Applicable law
The present Agreement is subject to the application of French law.
The French Tribunal de Commerce, located in Paris will be the only competent body to hear a dispute under the present Agreement.
