Terms and Conditions of Sale

This website is operated by Laisse Moi Dormir. Throughout the site, the terms "we", "us", "our" and "ours" refer to Laisse Moi Dormir. Laisse Moi Dormir makes this site, as well as all information, tools and services available on it, available to its users, subject to the acceptance of all terms, policies and precautions present here.

By visiting our site and/or purchasing anything from it, you engage in our services and agree to be bound by the following terms of use, including the additional policies and conditions referenced herein and/or accessible by hyperlink. These terms of use are applicable to all users of the site, namely, without limitation: visitors, suppliers, customers, merchants, and/or content contributors.

Please read these terms of use before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms of use. If you do not agree to all the terms and conditions of this agreement, you are not authorized to access our website or use our services. If these terms of use are considered an offer, the agreement is expressly limited to these terms of use.

All new tools or features added to the current store are also subject to the terms of use. You can consult the most recent version of these terms at any time on this page. We reserve the right to update, modify or replace any part of these terms of use by posting the presented updates and/or modifications on our site. It is your responsibility to check this page regularly in this regard. Your continued use or access to the site after the posting of any changes constitutes acceptance of these changes.

Our store is hosted by Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services.

SECTION 1 – ONLINE STORE CONDITIONS

By accepting these terms of use, you declare that you have either reached or exceeded the age of majority in your state or province of residence, or that you are of legal age in your state or province of residence and that you give us your consent authorizing one of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose and you may not, in any way, when using our services, violate the laws of your jurisdiction (including, but not limited to, copyright laws).
You are prohibited from transmitting viruses, worms or any code of a destructive nature.
An infringement or violation of one or more of these conditions will result in immediate termination of our services to you.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse our services to anyone for any reason at any time.
You understand that your data (excluding credit card information) may be transferred unencrypted and result in (a) transmissions over various networks; and (b) changes in compliance and adaptation to the technical requirements of networks or devices. Your credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of our services, the use of our services, access to our services, or any contact on the site through which our services are provided, without our express written permission.
The sections established in this agreement are included for convenience only and shall not limit or affect these conditions.

SECTION 3 – WARRANTY AND LIABILITY

The Operator cannot be held responsible for the non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or due to the unforeseeable and insurmountable act of any third party to these presents.

The Operator cannot be held responsible for the information imported, stored and/or published on the Site by Customers. The Operator cannot be held responsible for any information published by a Customer on the Site and for the direct or indirect damage that this use could cause to a third party, the Customer at the origin of the publication remaining solely responsible in this respect.

The Client acknowledges that the characteristics and constraints of the Internet do not allow to guarantee the security, availability and integrity of data transmissions on the Internet.
Thus, the Operator does not guarantee that the Site and its services will operate without interruption or operating error.
In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to evolve their content and/or their presentation.

The Operator cannot be held responsible for the use that would be made of the Site and its services by Customers in violation of the General Conditions and for the direct or indirect damage that this use could cause to a Customer or a third party.
In particular, the Operator cannot be held responsible for false declarations made by a Client and for their behavior towards third parties. In the event that the Operator's responsibility is sought due to such behavior of one of its Clients, the latter undertakes to guarantee the Operator against any condemnation pronounced against it as well as to reimburse the Operator for all costs, particularly legal fees, incurred for its defense.

The Customer is solely responsible for all content he has posted on the Site, of which he expressly declares to have all rights, and in this respect guarantees the Operator that he does not post any content violating third-party rights, particularly intellectual property, or constituting an attack on persons (particularly defamation, insults, abuse, etc.), on privacy, an attack on public order and morality (particularly, apology for crimes against humanity, incitement to racial hatred, child pornography, etc.).
In the event of an infringement of the laws in force, morality or the present General Conditions, the Operator may automatically exclude Clients who have committed such offenses and delete information and references to these contentious contents. The Operator is qualified as a host with regard to content posted by third parties.
In this respect, it is recalled that the Operator has no general obligation to monitor content transmitted or stored via the Site.
In the event that the Operator's liability is sought due to content posted by the Client, the latter undertakes to guarantee the Operator against any condemnation pronounced against it as well as to reimburse the Operator for all costs, particularly legal fees, incurred for its defense.

Regardless of any additional contractual warranty (commercial warranty) that may be granted, the Products benefit from the legal warranty of conformity provided for in articles L. 217-4 et seq. of the Consumer Code (notably L. 217-4 to L. 217-14 of the Consumer Code), and from the warranty against hidden defects provided for in articles 1641 to 1649 of the Civil Code.

you act within the framework of the legal warranty of conformity:
– you benefit from a period of two (2) years from the delivery of the goods to act:
– you can choose between repair or replacement of the goods, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code;
– you are exempt from proving the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods (except for second-hand goods).

You can decide to implement the warranty against hidden defects of the sold item within the meaning of article 1641 of the Civil Code. In this case, you can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Consumer Code, of article 1641, 1644 and the first paragraph of article 1648 of the Civil Code, as in force on the date of these General Conditions:
Art. L.217-4 of the Consumer Code: "The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility. "
Art. L.217-5 of the Consumer Code: "The goods are in conformity with the contract: 1° If they are fit for the purpose usually expected of similar goods and, where applicable: – if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; – if they present the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer or by his representative, particularly in advertising or labeling; 2° Or if they have the characteristics defined by mutual agreement by the parties or are fit for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. "
Art. L.217-7 of the Consumer Code: "Any lack of conformity which appears within twenty-four months from delivery of the goods is presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller may rebut this presumption if it is incompatible with the nature of the goods or the alleged lack of conformity. "
Art. L.217-9 of the Consumer Code: "In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other modality, taking into account the value of the goods or the importance of the defect. He is then obliged to proceed, unless impossible, according to the modality not chosen by the buyer."
Art. L.217-12 of the Consumer Code: "The action resulting from a lack of conformity lapses two years after delivery of the goods. "
Art. 1641 of the Civil Code: "The seller is bound to a warranty against hidden defects of the sold item which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price, had he known them."
Art. 1644 of the Civil Code: "In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price reimbursed, or keeping the item and having a part of the price reimbursed. "
Art. 1648, paragraph 1 of the Civil Code: "The action resulting from redhibitory vices must be brought by the acquirer within two years from the discovery of the vice." It is recalled that the search for amicable solutions prior to any possible legal action does not interrupt the deadlines for action of legal guarantees or the duration of any possible contractual warranty.

Exclusion of legal guarantees

Any warranty is excluded in case of misuse, negligence or lack of maintenance of the part by the Buyer, as well as in case of normal wear and tear of the Product or in case of force majeure.

SECTION 4 – PRICE AND SERVICE MODIFICATIONS

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue our services (or any part or content thereof) without notice.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuation of services.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through our website. These products or services may be available in limited quantities and are subject to return or exchange only in accordance with our return policy.
We make every effort to display as accurately as possible the colors and photos of the products appearing in our store. We cannot guarantee that your computer screen's display of colors will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographical 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 our sole discretion. 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.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed 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 details, please review our Return 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, please visit our Privacy Policy.

SECTION 11 – RIGHT OF WITHDRAWAL

In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the customer benefits from a period of fourteen (14) calendar days to exercise their right of withdrawal without having to justify reasons or pay penalties.

The fourteen (14) day period runs from the day of delivery of the ordered product.

The product must be returned within a maximum period of fourteen (14) days, properly protected, in its original packaging, in perfect resale condition (neither damaged, nor soiled by the customer) accompanied by undeteriorated labels.

To exercise the right of withdrawal, the customer must notify Laisse Moi Dormir of their decision to withdraw before the expiry of the above period, by means of an unambiguous declaration (for example, email).

The customer can use the withdrawal form template below, but it is not mandatory:

WITHDRAWAL/RETURN FORM (to be sent)

To be sent to Laisse Moi Dormir by email at contact@laissemoidormir.com

—————————————-

I hereby notify you of my withdrawal from the contract for the sale of the following goods:

Ordered on:

Received on:

Order number:

Customer's first and last name:

Customer's address:

Date:

Customer's signature:

—————————————-

The product must be returned in its original packaging and must not have been used.

Parcels for which no attached element can identify the sender (order number, name, first name, address) cannot be accepted.

Laisse Moi Dormir will credit the Customer within 14 (fourteen) days for the amount of the returned item(s).

Return cost: 30-50€

Please note that a parcel not collected at a relay point or a refused parcel is not considered a withdrawal or a return.

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 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Laisse Moi Dormir and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 14 – 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 15 – 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 16 – 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 17 – GOVERNING LAW

These Terms and Conditions are governed, interpreted and enforced in accordance with French law.

SECTION 18 – 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 19 – CONTACT INFORMATION

The brand Laisse Moi Dormir belongs to EI THISSE William whose registered office is 9 rue des colonnes – 75002 – Paris – France

Questions about the Terms of Service should be sent to us at contact@laissemoidormir.com