Terms and Conditions

DEFINITIONS

“Client”: refers to any adult individual or legal entity that places an Order with the Seller.

“Order”: refers to any purchase made by a Customer and validated by the Seller.

“Account”: refers to a valid User account, using the services of Paypal or Shop and allowing the placement of Orders.

“Content” means the content (texts, sounds, videos) uploaded to the Site by the Seller and belonging to the Seller.

“Personal Data” means any information relating to an identified or identifiable natural person, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Privacy Policy”: refers to the document established by the Seller presenting the processing of Users’ Personal Data and defining their corresponding rights: https://lile-bleue.com/policies/privacy-policy .

"GTC": refers to these General Terms and Conditions of Sale.

“Parties”: refers to the Seller and the Customer taken together.

“Products”: refers to the items offered for sale on the Site, including clothing, accessories, jewelry, furniture, and decorations.

“Site”: refers to the L’ILE BLEUE online store accessible from any terminal (including mobile and tablet) at www.lile-bleue.com from which Customers can place an Order.

“User”: refers to any person, Client or not, who visits or consults the Site.

“Seller”: refers to the publisher of the Site, the company L'Ile Bleue with a share capital of €39,200, whose registered office is located at 22 rue Porte Dijeaux 33000 Bordeaux, registered with the RCS of Bordeaux under SIREN number 311638753, VAT number: FR07311638753.

ARTICLE 1 — PURPOSE AND SCOPE

The Terms and Conditions are accepted by Customers prior to placing an Order and are available at any time to Users from the Site.

By accessing the Site, Users acknowledge that they have read and understood the Terms and Conditions and agree to be bound by them.

The Seller reserves the right, at its sole discretion, to modify these Terms and Conditions at any time. The applicable Terms and Conditions are those accepted by the Customer when placing the Order.

ARTICLE 2 — PRODUCT OFFER

Product Presentation — The Products offered for sale are those listed on the Site and which can be ordered, except in exceptional circumstances of unavailability or right of withdrawal exercised by the Seller.

Sales offers, including promotional offers, are valid as long as they are advertised on the Site. Any promotional offer not originating from the Site cannot be validly invoked against the Seller.

The Seller makes every effort to comply with the requirements of Article L.111-1 of the French Consumer Code by posting the essential characteristics of the Products online. Product photographs are provided for illustrative purposes only and are not contractually binding.

Unavailability — The Customer will be informed of the unavailability of a Product at the time of placing the order.

In the event that the Product(s) are/are no longer available after the Order has been placed, the Seller will contact the Customer as soon as possible to allow the Customer to either:

• to a cancellation of the Order and a refund of the Product(s) concerned;
• to a postponement of the delivery date after restocking of the missing product(s);
• to a change of Product for a Product of equivalent value.

In the event of cancellation of the Order and request for refund due to unavailability of Products, this will take place within fifteen (15) days following the date of Order, by bank transfer.

ARTICLE 3 — PLACING AN ORDER

Orders are placed via the Site.

3.1. Creating an Account via Shop (ShopPay) or PayPal or using the Site as a guest without creating an Account

To place an order, the user can create an account via ShopPay or PayPal by choosing a password or use the site by entering their email address without having an account.

If the User already has an Account, they will simply need to log in using their password. User passwords are strictly personal and confidential. The Seller recommends that Users change their passwords regularly and choose complex passwords that include letters, numbers, and specific characters. Users must not share their passwords with anyone else. Users are responsible for the loss or theft of their password if it is proven that they committed a fault attributable to them.

In any event, as the Seller does not operate these platforms, it cannot be held liable under any circumstances for their use by the User. The User is advised to refer to their respective Terms and Conditions of Sale/Terms of Use, in their applicable version, for any questions or issues.

3.2. Product Selection and Addition to Customer's Shopping Cart

The User will be able to select the Products of their choice, provided that they are available for sale online, and the desired quantity.

The total price including all taxes, as well as the amount of said taxes, will be displayed on the Site when the Order is finalized.

To add a Product to their cart, the User must:

• choose the Product, the size if applicable, and the desired quantity;
• Click on the "add to cart" button.

Each new addition to the cart will be indicated on the Site by the appearance of the number of items in the cart.

At any time, the User can view the summary of the selected Product(s) in their shopping cart, continue the selection by continuing their purchases from the Site or complete the Order by proceeding to payment.

3.3. Payment to complete the Order

Before finalizing the Order and paying, the User is directed to a page on the Site allowing them to view the details of the selected Product(s), which they can modify.

Before proceeding with payment, the User must enter billing and delivery information and choose the shipping method.

The User will be informed of the estimated delivery time of the Products.

Before payment, the User must carefully check their Order, confirm the billing and delivery information and accept the Terms and Conditions.

Payment for the Products can be made by any payment method offered via the Site.

The order will only be processed by the seller once payment has been made by the customer.

3.4. Confirmation of the Order by the Seller

After placing the order, the Customer will be able to access an order summary on the Website from their Account, including the order number. This summary will be sent to the Customer in a confirmation email containing all the elements of the sales contract between the Parties.

This information constitutes proof of the nature, content and date of the Order placed by the Customer and is authentic, which he expressly accepts.

3.5. Delivery of Products to the address provided by the Customer

The Products will be delivered, at the Customer's choice, to the address he or she has provided, to the L'ILE BLEUE Boutique located at 22 rue Porte Dijeaux 33000 Bordeaux (France) or to relay points, when placing an Order.

The Customer can track the progress of their delivery on the Site by logging into their ShopPay or PayPal account, or by following the link received by email.

ARTICLE 4 — PRODUCT PRICES

Prices — Product prices are indicated in euros inclusive of all taxes (VAT and other taxes applicable on the day of the Order), unless otherwise stated and excluding delivery charges.

All orders, regardless of origin, are payable in euros.

The Seller reserves the right to modify the prices displayed on the Site at any time. The ordered Product will be invoiced based on the price in effect at the time the Order is validated and payment is made, and subject to Product availability.

Payment Methods — The Customer must pay for their Order in full by credit card through technical service providers or by any other means offered by the Seller. Currently, the available payment methods are:

• by bank card (Carte Bleue, Visa or Mastercard);
• via PayPal or ShopPay;
• in several installments via Alma.

To make a payment, the Customer will provide their payment details to the technical service provider responsible for online payment processing. Transactions made by bank card are secure.

In the event of a refusal to authorize payment, the Seller will suspend the Order and any possible delivery, and the Customer must contact the issuer of the payment card responsible for such a refusal directly.

Invoicing — The ordered Products remain the property of the Seller until full payment of their price has been received. In the event of a payment default, the Customer agrees to return the Product(s) received to the Seller upon first request. On the actual delivery date, all risks (including loss, theft, or damage) concerning the delivered Products are fully assumed by the Customer.

All invoices are dated the day the order is placed. The invoice will be included in the package containing the products.

ARTICLE 5 — PRE-ORDER

Part of the Site operates on a pre-order system for certain Products that the Seller does not hold in stock. By placing a pre-order, the Customer acknowledges that if the pre-order target indicated on each Product page is not reached before the deadline, they will receive a full refund and the Product in question will not be ordered by the Seller.

As production is limited, the Customer who buys a Product on pre-order acknowledges that they will not be able to change the size after receipt.

If the Customer wishes to be refunded for a pre-order, the refund procedure will be initiated immediately upon receipt of the returned item, under the conditions set out in the "Withdrawal" article.

ARTICLE 6 — DELIVERY AND TRANSFER OF RISK

The Products will be delivered, at the Customer's choice, to the delivery address he or she provided when placing the Order, to the Seller's showroom located at 22 rue Porte Dijeaux 33000 Bordeaux (France) or any address communicated for this purpose on the Site.

Unless otherwise stated on the Site, the Seller may ship the Products to the following countries: in metropolitan France (including Corsica), in the French overseas departments and regions (DROM), in all countries of the European Union and internationally under the conditions specified on the Site.

Delivery times are displayed on the Website before the Order is placed. Unless otherwise stated, they vary:

• For "in store" deliveries: one hour after the order;
• for deliveries "to a specified address" (via Colissimo, UPS or Fedex): two to four working days excluding public holidays after the Order in France and in the European Union;
• for deliveries "to a relay point" (via Mondial Relay or Colissimo): two to four working days excluding public holidays after the Order in France;
• For international deliveries (via UPS or Fedex): five to seven working days excluding public holidays after the Order (subject to delays due to Customs).

The delivery times above are given as an indication and correspond to those usually observed.

Delivery costs are offered by the Seller for orders over 250 (two hundred and fifty) euros.

For deliveries outside mainland France, customs duties or other local taxes may apply. These are the sole responsibility of the customer, including declaration and payment. Customers are advised to check with their local authorities before placing their order.

Delivery will be deemed to have taken place upon receipt of the Order by the Customer or their chosen recipient. It is their responsibility to check upon receipt that the Products have not been damaged during transport and to immediately notify the Seller if this is the case.

In the event of delivery indicated as having been made by the carrier but not received by the Customer, it is the Seller's responsibility to provide proof of actual delivery.

The Seller shall be exempt from all or part of its liability for any delay or failure to perform by providing proof that it is attributable either to the Client, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.

ARTICLE 7 — RECEIPT OF PRODUCTS

Upon receipt of the Products, the Customer must check the condition of the packaging, the number and the contents of the packages in the presence of the delivery person or showroom staff.

Any anomaly must be immediately noted on the carrier's delivery slip as a precise, detailed, justified, explicit, and dated reservation. The Customer agrees to sign the delivery slip, whether or not it includes reservations.

The Customer must also, within three days of delivery, notify the Seller of any anomalies found, by email or registered letter with acknowledgment of receipt. Any claim received after this period will be rejected without recourse.

ARTICLE 8 — WITHDRAWAL

In accordance with applicable legal provisions, non-professional customers have a right of withdrawal that they may exercise without having to provide a reason within fourteen (14) days of receiving the Products. As a gesture of goodwill, the Seller agrees to extend this period by one (1) day.

If the Order includes several Products, the withdrawal period begins upon receipt of the last Product.

To exercise the right of withdrawal, the Customer must return the withdrawal form reproduced below or a written statement expressing unambiguously their wish to withdraw to the Seller at the following address: L'ILE BLEUE, 22 rue Porte Dijeaux 33000 Bordeaux (France), by email hello@ile-bleue.fr , or any address provided for this purpose on the Site.

The model withdrawal form to be returned by registered letter with acknowledgment of receipt is attached to the General Terms and Conditions.

The Products must be returned by the Customer within fifteen (15) days of communicating their decision to withdraw.

If the right of withdrawal is exercised within the aforementioned period, and in accordance with the provisions of Articles L221-18 et seq. of the Consumer Code, the amount of the Order as well as any delivery costs will be refunded to the Customer, with the exception of any customs clearance fees.

Return shipping costs will be covered by:

• for Orders placed and received in metropolitan France (including Corsica), the French overseas departments and regions (DROM), or in one of the countries of the European Union: by the Seller, who will send the Customer, after being informed of the exercise of the right of withdrawal, the information allowing the return of the Products;
• For orders placed and received internationally: the Customer must inform the Seller of their intention to exercise their right of withdrawal so that the Seller can provide the necessary information for returning the Products. Any applicable customs fees are the responsibility of the Customer.

Products must be returned to the following address: L'ILE BLEUE, 22 rue Porte Dijeaux 33000 Bordeaux (France) or any address provided for this purpose on the Site, in perfect condition for resale (unworn, undamaged, undamaged or soiled), in their original packaging if possible, with any accessories (except gift packaging).

If the return is accepted after verification of the condition of the Product(s), the refund will be made by the Seller using the same payment method as that used by the Customer, at the latest within fourteen (14) days from the receipt of the Product(s) by the Seller or the transmission of proof of shipment of the Product(s).

ARTICLE 9 — SELLER'S GUARANTEES

In accordance with applicable legal provisions, the Products benefit from the legal guarantees of conformity provided for in Articles L.217-3 et seq. of the Consumer Code and of hidden defects provided for in Articles 1641 et seq. of the Civil Code.

The Customer has a period of two (2) years from the delivery of the Products to take action under the legal guarantee of conformity or in the event of hidden defects.

The Customer may exercise these guarantees by sending their request to: L'ILE BLEUE, 22 rue Porte Dijeaux 33000 Bordeaux (France), by email hello@ile-bleue.fr , or by telephone at 05 56 23 52 16.

Products must be returned in perfect condition for resale (unworn, undamaged, unstained or soiled, apart from the alleged defect), if possible in their original packaging, accompanied by any accessories (except gift packaging).

The return shipping costs will be borne by the Customer.

If the return is accepted under the warranty of conformity, the Customer may choose between repair or replacement of the Product, subject to the conditions provided for in Articles L.217-8 et seq. of the Consumer Code.

If the return is accepted under the warranty against hidden defects of the Product, the Customer may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

Appendix to Article D. 211-2 of the Consumer Code

"The consumer has two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared."

(…) The legal guarantee of conformity entitles the consumer to the repair or replacement of the goods within thirty days of their request, free of charge and without significant inconvenience. If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests repair of the goods, but the seller insists on replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer can obtain a reduction in the purchase price by keeping the goods or terminate the contract by receiving a full refund upon return of the goods, if:

• 1° The professional refuses to repair or replace the item;
• 2° The repair or replacement of the item takes place after a period of thirty days;
• 3° The repair or replacement of the goods causes a major inconvenience for the consumer, in particular when the consumer permanently bears the costs of taking back or removing the non-conforming goods, or if he bears the costs of installing the repaired or replacement goods;
• 4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a price reduction or cancellation of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or cancellation. In such cases, the consumer is not required to request repair or replacement of the goods beforehand.

The consumer is not entitled to cancel the sale if the lack of conformity is minor. Any period during which the goods are unavailable for repair or replacement suspends the remaining warranty period until the repaired goods are delivered.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.

A seller who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased up to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects, pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund upon return of the goods.

ARTICLE 10 — RESPONSIBILITIES

The User is solely responsible for their Account, which allows them to manage their Orders (current or past), the Personal Data contained therein, and their password.

The Customer is fully responsible for any payment issues. The Customer guarantees to the Seller that they are fully authorized to pay for any Order in full.

The Seller, bound by an obligation of means, will not be liable for:

• any stock shortages that may occur during an order;
• the partial or total non-performance of its obligations or any delay in the performance thereof, if such non-performance or delay was caused by the occurrence of unforeseeable, irresistible and external events or if such non-performance or poor performance is attributable to the Users or is the unforeseeable and insurmountable act of a third party;
• difficulties related to the internet network and difficulties related to hosting and more generally any technical disruption that may occur on the Site.

Access to the Site may be interrupted for technical reasons without the Seller being held liable in this respect.

If the Seller is found liable for any reason whatsoever, the maximum amount for which the Seller may be ordered to pay shall in no case exceed the amount of the Order.

ARTICLE 11 — PURCHASE CONDITIONS AND SELLER'S GUARANTEES

To place an Order, the Customer, if a natural person, must be of legal age (or failing that, be a minor over sixteen years of age and place the Order with his legal representatives) and be legally capable of contracting.

If the Order is placed on behalf of a legal entity, the Customer declares and warrants that they are authorized to place the Order on that entity's behalf. In this case, the Customer agrees to purchase the Products for personal use and not for resale to third parties.

The Customer guarantees that the Products will not be delivered, sold and distributed for commercial purposes.

Any order placed in violation of this article will be null and void.

By confirming an Order, the Customer submits to the Seller an offer to purchase the Products placed in their shopping cart. The Seller reserves the right to refuse, cancel, and terminate Orders at any time if circumstances warrant it, particularly in the event of a breach of the Terms and Conditions or attempted fraud.

ARTICLE 12 — INTELLECTUAL PROPERTY

The Site is an intellectual work protected by intellectual property law. The Site is the exclusive property of the Seller.

Any reproduction or representation, in whole or in part, of the Site, its Content, or any of its elements, on any medium whatsoever, for other purposes, and in particular for commercial purposes, is expressly prohibited.

The Seller does not control the content, advertising, products or services available from sites linked to its Site.

ARTICLE 13 — FORCE MAJEURE

Neither the Client nor the Seller shall be responsible for any defect or delay in performance caused by reasons independent of their will, constituting a case of force majeure, within the meaning of Article 1218 of the Civil Code, such as war, riot, total or partial strikes, terrorist acts internal or external to the establishment, computer attacks (hackers, viruses), the interruption of means of transport and communication (satellites in particular), bad weather, earthquakes, fires, storms, floods, water damage, pandemics or health emergencies declared as such by the government in place.

ARTICLE 14 — DISPUTE RESOLUTION

Under Article L. 612-1 of the Consumer Code, every consumer has the right to use a consumer mediator free of charge in order to amicably resolve the dispute between them and a professional.

For any difficulty, the Seller invites the customer to contact them beforehand or to contact their after-sales service, by post: L'ILE BLEUE, to the attention of Mrs. Manon Parlange, 22 rue Porte Dijeaux, 33000 Bordeaux or by email: hello@ile-bleue.fr .

In the event of failure of the claim, within one year of its request to our services, pursuant to Article R. 616-1 of the Consumer Code, the Customer may have his request examined by a mediator at the following contact details: SAS Médiation Solution – 222 chemin de la Bergerie 01800 Saint-Jean-de-Niost – T.: 01 89 47 00 14 – email: contact@sasmediationsolution-conso.fr – website: https://sasmediationsolution-conso.fr .

The Parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

The European Commission also provides European consumers with an online dispute resolution platform to resolve disputes amicably (Article 14, paragraph 1 of EU Regulation 524/2013). Any consumer can submit a complaint via the following website: http://ec.europa.eu/consumers/odr/ .

Customers who do not wish to be contacted for marketing purposes by telephone can register free of charge on the BLOCTEL opt-out list available on the website www.bloctel.gouv.fr .

ARTICLE 15 — JURISDICTION

Any dispute relating to the interpretation and execution of the General Terms and Conditions is subject to French law.

Done in Bordeaux, on

APPENDIX — WITHDRAWAL FORM

Appendix compliant with Article R221-1 of the Consumer Code

Sample withdrawal form

To the attention of L'ILE BLEUE, 22 rue Porte Dijeaux 33000 Bordeaux, email hello@ile-bleue.fr :

I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the Product (*) / for the provision of services (*) below:

Ordered on (*) / received on (*):

Name of consumer(s):

Consumer address(es):

Signature of the consumer(s) (only if this form is submitted on paper):

Date :

(*) Delete as appropriate.