General Conditions of Sale
General Conditions of Sale
On LALAKA YONI, no bad surprises.
Article 1
Scope of application
These general terms and conditions of sale apply to all orders placed on the website www.lalakayoni.com. These general terms and conditions can be viewed via this PDF or by email by making a request to customer service.
The website lalakayoni.com is exclusively and entirely written in French, it is published by the company SALAZAR Daniel, self-employed entrepreneur whose head office is located at 4 Boulevard Pierre et Marie Curie La Varenne, 42230 Roche la Molière, registered in the Directory of Companies and Establishments under the SIRET number N° 882 109 234 00014
Article 2
Price
The prices of our products are indicated in Euros including all taxes (VAT included) excluding participation in delivery costs. All orders placed on our site are payable in Euros. Prices may be modified at any time. The products that will be invoiced will be based on the rates in effect at the time the order is registered, subject to availability at that time.
The cost of foreign products and services are subject to fluctuations. All advertised prices are subject to change based on currency or customs charges.
Article 3
Order
After clicking on the "Order" button at the bottom of your shopping cart, the customer is redirected to the delivery option, then they can check this information and modify it using the "modify this address" link and choose the payment method.
The customer must read and accept the general terms and conditions of sale before choosing a payment method. By choosing the payment method and clicking on the "PAY" button, the customer accesses the payment page (secure payment protocol). The contract will then be formed, in accordance with the terms of the Civil Code, at the time the order is validated and the customer returns to the order confirmation page.
The customer receives an email acknowledging receipt of his order. Only the products listed in the confirmation email sent at the time of shipment will be included in the contract.
The customer can place an order on the website lalakayoni.com. At the time of ordering, he will be informed of the availability of the products. In addition, it may happen that some products are unavailable after the order. If the products are temporarily unavailable (out of stock, etc.), he will be informed by e-mail and he will be invited to modify or cancel his order. If all the products in his order are permanently unavailable, we will keep him informed by e-mail.
When placing an order, the customer must accept these general terms and conditions of sale by clicking on the box provided for this purpose in order to validate his order. The customer declares and guarantees that he is authorized to pay with the payment card provided for payment and that the price of the order is covered by the available funds.
By ordering, you confirm that all information you provide to us is accurate, you certify that you are authorised to use the credit or debit card used to place the order and that you have sufficient funds to cover the price of the goods ordered.
Article 4
Payment
The price of the order is due immediately on the date the order is placed. We accept payment by credit card, bank transfer, PayPal or by CB, Visa or Mastercard.
Online payment by credit card uses the SSL (Secure Socket Layer) security protocol. Visa and Mastercard credit cards are accepted. Some orders paid by credit card may be subject to additional verifications after the payment has been debited. The customer will then receive an email asking for supporting documents (identity card and credit card, the information of which will have been partially hidden beforehand) in order to validate the sending of their order.
The terms of payment by bank transfer and PayPal will be communicated by our Customer Service if the customer has chosen one of these two payment methods.
Article 5
Delivery
All our deliveries are made in a closed package with no mention of the LALAKAYONI website. The products are delivered to the address indicated by the customer during their order. The delivery costs will be indicated to the customer before any payment. Packages are shipped from Monday to Friday inclusive, excluding weekends and public holidays. The delivery time does not include the time to prepare the order, which is on average 48h/72h. The delivery time does not constitute an exact time and we cannot be held responsible in the event of a stock shortage at a supplier or a delay in delivery. In particular, in the event of a delay by the carrier, for whatever reason, we cannot be held responsible. The customer has the duty to check the condition of the packaging and the conformity of the products they receive following their order.
Please refer to the "Shipping" section, which is part of the terms of use of this site. lalakayoni.com offers several delivery methods.
LALAKAYONI undertakes to respect as much as possible the shipping date given to you as an indication on the sheet of the product(s) you order. When ordering with several items, the delivery time to take into account is the longest. If I order a duck shipped within 24 hours and a game shipped within 2 to 5 days then my entire order will be shipped within 2 to 5 days minimum.
Express orders (Chronopost or Chrono Relais) must be placed before 4 p.m. with products marked "In stock, shipping today" to expect delivery the next day.
Orders can be delivered by Colissimo suivi, Colis Privé, Chronopost or Mondial Relay. When the package is delivered to the customer's home, in the event of the latter's absence, a delivery notice will be left by the postman or delivery person and the package will remain at the customer's disposal for a period of fifteen days at the address indicated on the delivery notice. After this period, the package will be returned to us.
The customer must ensure that the delivery address provided is sufficient for smooth delivery by the service responsible for shipping.
All orders returned by La Poste due to NPAI (Does Not Live at the Address Indicated) or incorrect addresses will be available within 15 days. If the customer wants the package to be returned to them, they will have to pay the shipping costs.
Article 6
Customer Service
For precise tracking of your order, our customer service is available at the following email address: lalakayoni@gmail.com
Article 7
Returns or Refunds
In accordance with current legislation, the customer has a period of 15 days (from the date of receipt of the package) to request the exchange or refund of his order. We undertake to do this provided that the item is returned to us in its original packaging and accompanied by its invoice to the address indicated during the request.
This right of withdrawal is only valid for an unused product, returned packed in its original packaging with all its accessories, not handled or loaded. In particular, SexToys products must not have been used under any circumstances and if the packaging has a seal, it must still be unopened.
According to current law, the right of withdrawal excludes all goods that you have opened and that cannot be returned for hygiene reasons: underwear, cosmetics, sex toys, etc.
The company reserves the right to refuse the return of a product in the event of dissatisfaction for reasons of hygiene regarding the returned product.
Lingerie products must not have been worn (however we tolerate that they may have been tried on except for underwear) and must be returned folded. Wellness and Aphrodisiac products must not be opened. The shipping and return costs are then the responsibility of the customer and only the price of the product(s) will be refunded.
If you wish to return your entire order in accordance with the return conditions listed in the General Terms and Conditions, you must send us a registered letter with acknowledgment of receipt to the address SALAZAR Daniel, 4 Boulevard Pierre et Marie Curie La Varenne Allée B, 42230 Roche la Molière, as well as the invoice, in a package sufficiently protected to benefit from a full refund. If one of the conditions is not respected, the full refund cannot be made.
The return of the product must be done via the Colissimo service tracked by La Poste, we cannot be held responsible for the loss or damage of the package that you return to us. For defective products, any claim for a missing or damaged product in the package must be made by email within 24 hours of receipt of the package. No claim made after this period will be accepted.
The customer will have to contact our Customer Service to retrieve a prepaid return label allowing us to cover the return costs. In the case of a refund, we guarantee that it will be made by check or directly to the bank card used for the purchase within a maximum of 14 days following the date of processing of the return.
Returns are processed within a maximum of 3 weeks from receipt of the package in our warehouses.
Defective products must be returned to us in the condition in which you received them with all the elements: accessories, packaging, instructions, etc. The provisions of this article do not prevent you from benefiting from the right of withdrawal. In the event of a return that does not meet these conditions (withdrawal on a damaged or incomplete product, return under warranty for a product that works, etc.), the product will be returned in the condition to the customer, subject to payment of the actual return costs, as well as the costs incurred for the return to our premises if they had been covered by the company.
The contractual guarantees do not cover: replacement of consumables (batteries, bulbs, fuses, antennas, headphones for portable music players, microphones, wear of reading or recording heads, etc.), abnormal or non-compliant use of the products. In this regard, we invite you to carefully consult the instructions for use provided with the products, breakdowns related to accessories (power cables, etc.), defects and their consequences due to the intervention of an unauthorized repairer, defects and their consequences related to use not in accordance with the use for which the product is intended (professional use, collective use, etc.), defects and their consequences related to any external cause.
Article 8
Guarantees
8.1 Commercial guarantee
The products sold are covered by a commercial guarantee aimed at guaranteeing their conformity and ensuring the reimbursement of the purchase price, the replacement or the repair of the goods. It does not cover defects caused by abnormal or faulty use or resulting from a cause external to the intrinsic qualities of the products.
Information concerning any commercial guarantees relating to the products and services offered for sale (in particular the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor according to the products, services and brands concerned) are brought to the attention of the customer where applicable on the sheet for each product and service in the online sales area.
8.2 Legal guarantee
All products offered by LALAKAYONI are subject to the application of legal guarantees of conformity (articles L211-4 to L211-14 of the Consumer Code) and hidden defects (articles 1641 to 1649 of the Civil Code). To implement one of the guarantees, the customer must contact LALAKAYONI by e-mail at lalakayoni@gmail.com.
It is recalled that within the framework of the legal guarantee of conformity, the consumer: • benefits from a period of two years from the delivery of the good to take action against his seller; • can choose between the repair or the replacement of the good, subject to the cost conditions provided for by article L211-9 of the consumer code; • is exempt from providing proof of the existence of the lack of conformity of the good during the six months following the delivery of the good.
This period is extended to 24 months from March 18, 2016, except for used goods. The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover your goods. It is recalled that the consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and that in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
Article 9
Responsibility
The products offered on the lalakayoni.com website comply with current French legislation and the standards applicable in France. All our products comply with NF or CE standards. The customer will find instructions for use with most of the products delivered. We cannot be held responsible for the misuse of the products on sale on the site, in particular use for a purpose other than that intended by the manufacturer of the product, or failure to comply with the storage and safety instructions for the product. The photographs, texts, graphics, information and characteristics reproduced and illustrating the products presented are not contractual. Consequently, we cannot be held liable in the event of an error or omission in one of these photographs, texts, graphics, information or characteristics of the products or in the event of modification of the characteristics of the products by the manufacturers. We disclaim all liability for the content of sites to which hypertext links may refer from our own site. LALAKAYONI cannot be held responsible for the non-performance of the contract concluded in the event of stock shortage or unavailability of the product, disruption, total or partial strike, in particular of postal services, means of transport or communications, flood, fire and any other case of force majeure.
We will not be liable for any loss or damage caused by a distributed denial of service attack, DDOS attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other material due to your use of this website or to your downloading of any material from it, or from any website linked to it.
Article 10
Intellectual property
All texts, comments, works, illustrations and images reproduced on the site lalakayoni.com are reserved under copyright and intellectual property law and for the entire world. As such and in accordance with the provisions of the Intellectual Property Code, only use for private use is authorized, subject to different or more restrictive provisions of the Intellectual Property Code. Any other use constitutes counterfeiting and is punishable under Intellectual Property law unless prior authorization is obtained from LALAKAYONI. Any total or partial reproduction of the site lalakayoni.com is strictly prohibited.
Article 11
Retention of title
The goods that will be delivered and invoiced to you will remain the property of LALAKAYONI until full payment of their price. Failure to pay the full amount may result in the goods being claimed by LALAKAYONI, the restitution being immediate and the goods delivered at your expense, risk and peril. During the period from delivery to transfer of ownership, the risks of loss, theft or destruction, as well as any damage that you may cause remain your responsibility.
Article 12
Personal data
The rules concerning the processing of personal data on the lalakayoni.com site are detailed in the Personal data protection and cookies policy .
Article 13
Law applicable to disputes
All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to therein, will be subject to French law. Any dispute resolution may be made with our Customer Service and in the absence of an amicable settlement, only the Commercial Court of Lyon will be competent regardless of the reason for the dispute, the court of the registered office of LALAKAYON where the contract between the parties is formed.
Article 14
Customer Acceptance
These general terms and conditions of sale and the prices are expressly accepted by the author of the order, who declares and acknowledges having perfect knowledge of them, the confirmation of the order entailing the acceptance of these general terms and conditions of sale. These conditions are modifiable at any time without notice. The invalidity of one or more of the clauses of these general terms and conditions of use will not result in their nullity.
Article 15
Protection of minors
We are aware that the content of LALAKAYONI may be shocking, so we have made certain commitments regarding your minor children:
- o No offensive content in our product sheets
- o No photos of nude models
- o Writing descriptions without vulgarity
- o No pornographic content
Your responsibility as a parent is to monitor the sites your children visit.
However, to ensure that your children can access the Internet with complete peace of mind, you can install parental control and filtering software to limit your children's access to certain sites or content.
For more information you can visit www.protection-mianeurs.com
Any person consulting the site lalakayoni.com declares to be an informed public and an adult over 18 years old or with the legal authorization of his parents or legal guardian.
Article 1305 of the Civil Code gives parents the possibility to cancel an order placed by a minor by contacting our customer service.
The LALAKAYONI brand cannot be held responsible in the event that the minor individual has confirmed his information (date of birth) and has in any case filled in false information to purchase products intended for adults by changing his birth value.
The law concerning article 227-24 of the penal code cannot be applicable because the sole photograph of a nude cannot, subject to the sovereign assessment of the magistrates, constitute in itself the offence provided for in article 227-24 of the penal code.