SCOPE

1.1 These general terms and conditions of online sale (the General Conditions) apply to all online sales of “Liquides Imaginaires” brand products (the Products) made by Liquides Imaginaires LLC, with registered office at 9100 S. Dadeland Blvd, Suite 15, Miami FL, 33156, Employer Identification Number (EIN) 85-4243992 (the Seller), via the e-commerce platform on the website www.liquidesimaginaires.com (the Website).

The Website is owned and operated by Liquides Imaginaires SAS, a French company, with registered office at 91 rue du Faubourg Saint-Honoré, 75008, Paris, France, fiscal code 793352196, VAT number 95793352196 (Liquides Imaginaires). The Seller is a subsidiary of Liquides Imaginaires.

1.2 The Products are intended to be sold via the Website only to natural persons who are acting outside their trade, business, craft or profession (the Consumers or, individually, the Consumer) (the Seller and each Consumer shall also be referred to individually as Party and jointly as the Parties). To purchase the Products via the Website, Consumers must be aged at least 18 and have legal capacity. Each Consumer by submitting an order via the Website represents and warrants to have the requirements referred to in this paragraph.

1.3 The Seller or Liquides Imaginaires reserve the right to amend or update, in full or in part, these General Conditions at any time, at their own discretion, without being liable to provide any notice to Website’s users. Any changes to the General Conditions shall come into force from the date on which they are published on the Website, and, therefore, the applicable General Conditions will be those published on the Website at the time of submission of an order for the Products. The Consumer must check these General Conditions each time the Consumer places an order for Products on the Website.

1.4 Upon submission of an order for the Products via the Website, the Consumers agree that a copy of the order confirmation and these General Conditions will be sent to the e-mail address provided by the Consumer during the Website’s registration process or purchase procedure.

1.5 The Website deals in retail sales and as such is designed for use by Consumers only. Considering the above, only Consumers are permitted to submit orders via the Website. Without prejudice to the above, in case of sales of the Products via the Website to purchasers that are not Consumers (the Business Customers or, individually, the Business Customer), these General Conditions shall apply to all sales with Business Customers provided that:

(a) the warranty referred to in article 8 shall not apply to the Business Customers;

(b) the withdrawal right referred to in article 9 shall not apply to the Business Customers;

(c) no other provisions in favour of the Consumers that reflect or comply with binding provisions of the law shall apply to the Business Customers;

(d) the sales contract entered into by the Seller and each Business Customer shall be governed by the laws of France, with express exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention 1980; and   

(e) for any dispute between the Seller and any Business Customer relating to the validity, performance, construction or interpretation of the relevant sales contract the Courts of Paris shall have exclusive jurisdiction.

2. PRODUCTS AND AVAILABILITY IN THE VARIOUS GEOGRAPHICAL AREAS

2.1 The Products sold by the Seller via the Website are those viewable and described on the Website, which are available at the time of confirmation by the Seller of the Consumer’s order. The Products sold via the Website, their characteristics and sales prices may be subject to changes and updates by the Seller or Liquides Imaginaires without notice to the Website’s users. Such changes and updates are only applicable to orders for Products which have not yet been confirmed when these changes and updates come into effect by publication on the Website. Considering the above, the Consumers are advised to check, in particular, the final characteristics and sales prices for Products before submitting the order pursuant to paragraph 3.5 below.

2.2 The Website may be accessed from all over the world. However, the Products may only be purchased via the Website by a Consumer who requests delivery of the Products to one of the countries listed on the Website as available for delivery.

3. SELECTION OF THE PRODUCTS AND PURCHASING PROCEDURE

3.1 To proceed with the purchase of the Products via the Website, a Consumer shall firstly select the Products that he intends to purchase by adding them to a virtual shopping cart.

3.2 Once selection of the Products is complete, to submit the order to the Seller, the Consumer may alternatively: (i) register with the Website providing all requested details; (ii) login to its account in case the Consumer is already registered with the Website; or (iii) proceed without registering with the Website, providing all requested details to complete the order. If the details provided by the Consumer to complete an order are different from those provided during the Website registration phase, the Consumer will be asked to confirm such details. Consumers are responsible for making sure that all data and information provided during the registration and/or purchase phase are complete, correct and true.

3.3 To complete an order for the Products, a Consumer shall follow the instructions popping up from time to time on the Website and that will guide the Consumer during the different purchase phases. In this regard, the Consumer will be asked to select a shipping method and a payment method from the choices made available. The Seller will charge the purchase price of the Products as set out in the Consumer’s order to the Consumer on completion of the order. The Seller will send an order confirmation e-mail following receipt of payment from the Consumer in respect of each order. Please see article 7 (Payments) for further information about payment methods. The Seller or Liquides Imaginaires reserve the right to check the personal details provided by Consumers during the purchase process for accounting and administration purposes.

3.4 Once an order for the Products has been fully filled in, the Consumer will be shown a summary of the order to be processed that the Consumer is required to check carefully to detect any error made when filling in the order. At this point, the Consumer is also required to carefully read and expressly accept - by ticking the relative check box - these General Conditions and the privacy policy. The Consumers expressly acknowledge that the failure to (i) provide any data or information requested for the purposes of submitting the order to the Seller via the Website, and/or (ii) accept the General Conditions and the privacy policy, will prevent the submission of the relevant order by the Consumer and means that the Seller may not be able to process the Consumer’s order.

3.5 Once the Consumer has checked all the information inserted for the purposes of the order and accepted these General Conditions, the Consumer may proceed with the telematic submission of the order by pressing the “Place Order” button. By pressing such button, the Consumer sends the order to the Seller.

4. CONCLUSION OF EACH SALES CONTRACT

4.1 The Seller informs the Consumers, who expressly acknowledge, that:

(a) the presentation of the Products on the Website, which is not binding for the Seller, is merely an invitation to the Consumers to make a contractual offer to purchase and is not an offer to the public; therefore, the purchase order submitted by the Consumers to the Seller via the Website pursuant to paragraph 3.5 above shall be a valid contractual offer subject to these General Conditions, which form an integral part of said order and that the Consumers, by placing the order, declares to fully accept without reservation;

(b) in order to conclude the sales contract of one or more Products via the Website, the Consumers shall fill in such order and send it to the Seller according to the procedure described in article 3 above, after having corrected the errors, if any, made while filling in the order, read carefully and accept these General Conditions and the privacy policy pursuant to paragraph 3.4 above, as well as print off a copy of these General Conditions by clicking on the 'print' button and save or keep a copy of them for their own records;

(c) the Consumer’s sales contract is only concluded when the Seller receives payment in full of the purchase price of the Products as set out in the relevant order. The Seller will send an order confirmation e-mail to the Consumer confirming that the Seller has received the Consumer’s payment and accepted the Consumer’s order. The confirmation email shall be sent to the address provided during the Website registration process or the purchase process (if the Consumer has not registered with the Website) including a link to the General Conditions, a summary of the placed order (including a detailed list of the prices, shipping costs and applicable duties), and a description of the purchased Products; and

(d) the Consumer’s order, the Seller's order confirmation and the General Conditions applicable to the sales contract entered into between the Parties will be filed electronically by the Seller's IT systems and the Consumer may request a copy of this documentation by sending an e-mail to the Seller at customercare@liquidesimaginaires.com.

5. DELIVERY AND ACCEPTANCE OF THE PRODUCTS

5.1 The Seller delivers the Products purchased by Consumers via the Website (i) according to these General Conditions and the shipment method chosen by each Consumer when the order was placed, (ii) to the delivery address indicated by the Consumer in the order and (iii) through a carrier appointed by the Seller. The Seller will provide to the Consumer the information and date of the delivery and the carrier appointed for the delivery of the Products, and if available, a link to track delivery to check delivery times. Please read the Seller’s shipping & payment document for further details on specifics of shipping times.

5.2 Whilst the Website generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and is not binding on the Seller or Liquides Imaginaires. The Seller shall take reasonable steps to make sure that the Products are delivered to the Consumer’s chosen delivery address within the delivery dates/times set out on the order confirmation email, and, in any event, to deliver the ordered Products to the Consumer within a maximum of 30 (thirty) days from the day after the order confirmation email is sent to the Consumer. If the order cannot be reasonably processed by the Seller following providing the Consumer with an order confirmation email, as the Products ordered by the Consumer are not available, even temporarily, for delivery, the Seller shall promptly notify the Consumer in writing and refund the amount already paid by the Consumer, if any, as illustrated in more detail in paragraph 5.5 below. 

5.3 In case of delivery delays, Consumers are invited to contact the Seller's customer service by email to [email address removed] or the appointed carrier directly to ascertain the reasons for the delay. The Seller shall not be held liable for any errors and/or delays in the delivery of the Products due to causes not attributable to the Seller itself, including but not limited to actions or omissions of third parties, including the Consumer and the carrier appointed for the delivery, and/or any other events outside of Seller’s control.

5.4 If the supply of the Products is delayed by an event outside of Seller’s control, the Seller will contact the Consumer as soon as possible to let the Consumer know and do what the Seller can to reduce the delay. As long as the Seller does this, the Seller won't compensate the Consumer for the delay, but if the delay is likely to be substantial the Consumer can contact Seller’s customer service team at [email address removed] to end the sales contract and receive a refund for any Products the Consumer have paid for, but not received.

5.5 If the Consumer thinks there is something wrong with their Products, the Consumer must notify the Seller in accordance with paragraph 8 below and the Seller’s return and refund policy and let the Seller know what is wrong with the Product, for example if there is something wrong with the Product itself or if there is any discrepancy between the placed order and the Products actually received. If the packaging or boxing of the Products ordered by the Consumer is visibly damaged, the Consumer is invited to refuse to accept the delivery from the carrier/courier or accept the delivery "with reservations" and to promptly inform the Seller.  

6. PRICES, SHIPPING COSTS, CUSTOMS DUTIES AND TAXES

6.1 The sale prices of the Products are those indicated on the Website at the time the order is placed by the Consumer. Such prices are inclusive of the costs of standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be calculated before the order placed with the Seller by the Consumer is confirmed, and which the Consumer agrees to pay to the Seller in addition to the sale price for the Products which is viewable on the Website.

6.2 The total price to be paid to the Seller for the purchase of Products will be communicated to the Consumer during the purchasing procedure and, in any case, before the submission of the order by the Consumer (the Total Price). The Total Price will be also indicated in the order confirmation sent via e-mail by the Seller to the Consumer according to paragraph 4.1(c).

6.3 If the purchased Products are to be delivered to a country outside the United States of America, the Total Price, including indirect taxes, will be net of any customs duties and any other taxes which the Consumer hereby agrees to pay for, if required, in addition to such Total Price, as required by the laws in force in the country to which the Products will be delivered. For further information on any duties or taxes applicable in the country of residence of the Consumer or destination of the Products, it is the Consumer’s responsibility to check with the relevant authorities in their country of residence or destination of Products.

6.4 All additional costs, charges, taxes and/or duties payable as a result of any Products being delivered to any country outside the United States of America, will be the sole responsibility of the Consumer and paid for on top of the Total Price.

6.5 In case of announcements of Products’ sale prices reduction, the Seller will indicate the lowest price applied to such Products during the 30 days prior to the application of the price reduction.

7. PAYMENTS

7.1 Purchases made via the Website can be paid for by credit card, debit card, Pay Pal or Shop Pay.

7.2 When payments for Products are made by credit card or debit card or via any third party payment provider (such as PayPal), the Consumer will be transferred to a secure site and the relevant payment information will be communicated directly to the applicable third party payment provider, and in the case of payment via debit or credit card, would be Shopify International Limited, with registered office in Dublin (Ireland), 1-2 Haddington Road, D04 XN32, registered in Ireland under number 560279, VAT number IE 3347697KH the operator designated by the Seller to handle all such transactions. The data provided will be sent securely using SSL (Secure Socket Layer) 128 bit encrypted file transfer systems. Such data remain inaccessible even for the Seller.

7.3 The invoice/tax records relating to Products purchased via the Website will be provided to the Consumer in electronic format to the e-mail address provided by the Consumer during the registration process or in paper format together with the delivered Products, as the case may be.

8. WARRANTY, REPORTING NON-CONFORMING PRODUCTS AND REMEDIES

8.1 For a period of 2 (two) years from the date on which the purchased Products have been delivered to the Consumer, the Seller warrants that such Products shall comply with the requirements agreed between the Parties in the sales contract entered into under paragraph 4.1(c), and, in particular, that these Products (i) are of the description, type, quantity and quality, and possess the functionality and other features, as required by the sales contract, (ii) possess the qualities and features described in the Website at the time the order was placed, as well as those which are normal for goods of the same type, (iii) are suitable for the use for which goods of the same type are normally used, and (iv) are supplied to the Consumer with the accessories and instructions that the Consumer can reasonably expect to receive. The Seller shall not be liable and such warranty shall not operate for any lack of conformity of the Products resulting, even indirectly, from causes not attributable to the Seller, including but not limited to in case the Products have not been used in accordance with the instructions/warnings provided by the Seller.

8.2 If the Product does not conform with the warranty under paragraph 8.1 above, the Consumer must inform the Seller by submitting a return request to the Seller within 2 (two) years from the date on which the Product has been delivered (the Return Request) following the instructions referred to in the following link: https://www.liquidesimaginaires.com/pages/returns-exchange. In the Return Request the Consumer must clearly indicate why there is something wrong with the Products and therefore why it does not conform with the warranty under paragraph 8.1 above, and provide all other requested information from the Seller, including but not limited to at least 1 (one) photograph of the Products showing that the Products do not conform with such warranty/what is wrong with the Products.

8.3 Upon receipt of the Return Request, the Seller will assess the non-conformity of the Products reported by the Consumer. In the event the Seller grants authorization for the Products to be returned, the Seller will send to the Consumer an e-mail, to the address provided by the Consumer when registering with the Website or placing the order, with all information needed to return the Products, including the return label. Such e-mail and the Seller’s authorization to return the Products, under no circumstances, can be interpreted as acceptance by the Seller of the alleged lacks of conformity of the Products or Seller’s liability under this article 8. The Products that the Seller has authorized to be returned shall be shipped by the Consumer (i) within 15 (fifteen) days from the receipt by the Consumer of the above return authorization e-mail and (ii) to the following address of Seller’s warehouse: 3 OVO Logistics, 135 Spagnoli Road Melville, NY 11747.

8.4 In case of final confirmation by the Seller of the non-conformity of the returned Products, the Consumer shall be entitled to have them repaired or replaced within 30 (thirty) days from the receipt by the Seller of the Return Request, at care and expenses of the Seller, unless the remedy chosen by the Consumer would be impossible or, compared to the other remedy, would impose costs on the Seller that would be disproportionate, taking into account all circumstances. The Seller may refuse to bring the Products into conformity if repair and replacement are impossible or would impose costs on the Seller that would be disproportionate, taking into account all circumstances.

8.5 The Consumer shall be entitled to either a proportionate reduction of the price paid for the Products or the termination of the sales contract entered into with the Seller and a full refund of the Products, at the sole reasonable discretion of the Seller itself, only if: (i) the Seller has refused to bring the Products into conformity in accordance with paragraph 8.4 above; (ii) a lack of conformity persists despite the Seller having attempted to bring the Products into conformity; (iii) the Consumer definitively bears the costs of the return or removal of the non-conforming Products or if he bears the installation of the repaired or replacement Products or the related costs; or (iv) the Seller has declared, or it is clear from the circumstances, that the Seller will not bring the Products into conformity within a reasonable time which may not exceed 30 days from the Return Request of the Consumer, or without significant inconvenience for the Consumer. The Consumer shall not be entitled to terminate the sales contract if the lack of conformity is only minor. If the Seller has to refund the Consumer part of or the entire Products’ price, the refund will be made by the Seller within a reasonable time and, where possible, using the same payment method used by the Consumer to purchase such Products, or by bank transfer to the bank details that the Consumer will send to the Seller via e-mail to the address [email address removed].

8.6 Without prejudice to paragraph 8.1 above, the remedies provided under paragraphs 8.4 and 8.5 are subject to a limitation period of 5 (five) years from the date on which the Consumer has become aware of the lack of conformity of the Products.

8.7 LIMITATION OF SELLER’S LIABILITY. SUBJECT TO THE ABOVE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SELLER SHALL NOT BE LIABLE TO CONSUMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, FOR ANY LOSS OF PROFIT, OR ANY INDIRECT OR CONSEQUENTIAL LOSS ARISING UNDER OR IN CONNECTION WITH ANY SALES CONTRACT BETWEEN THE SELLER AND THE CONSUMER UNDER THESE GENERAL CONDITIONS; AND THE SELLER’S TOTAL LIABILITY TO EACH CONSUMER IN RESPECT OF ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE SALES CONTRACT BETWEEN THE SELLER AND THE CONSUMER UNDER THESE GENERAL CONDITIONS, AND WHETHER ARISING IN CONTRACT, NEGLIGENCE OR OTHERWISE, IS LIMITED TO THE PRICE OF THE PRODUCTS PURCHASED BY THE CONSUMER.

8.8 The Seller is liable for hidden defects within the framework of the legal warranty against hidden defects resulting from a defect of material, design or manufacture affecting the Products delivered and rendering them unfit for use.

9. RIGHT OF WITHDRAWAL

9.1 The Consumer shall have the right to withdraw from the sales contract entered into with the Seller according to paragraph 4.1(c), without incurring any charge, within 14 (fourteen) days after (i) the day on which the Products have been delivered to the Consumer, or (ii) if the Products ordered through one order have been delivered separately, from the date after the last Product has been received by the Consumer.

9.2 To exercise the right of withdrawal, the Consumer, before the end of the deadlines indicated in paragraph 9.1 above, shall submit an explicit declaration of their intention to exercise the right of withdrawal to the Seller following the instructions referred to in the following link: https://www.liquidesimaginaires.com/pages/returns-exchange (the Cancellation Communication).

9.3 Upon submission of the Cancellation Communication, the Consumer will receive from the Seller all information needed to proceed with returning the Products, including the return label.

9.4 The Consumer is required to return the Products to the Seller (i) within and no later than 14 days from the date on which the Consumer has sent the Cancellation Communication to the Seller and (ii) to the Seller’s warehouse at the following address: 3 OVO Logistics, 135 Spagnoli Road Melville, NY 11747. The Consumer shall be responsible for the direct risks of returning the Products, as well as for the delivery costs incurred by the Consumer to return the Products.

9.5 Other than in respect to the costs referred to under paragraph 6.4 and delivery costs (the Seller will only refund standard delivery costs), the Seller will refund the Consumer all payments made for the purchase of the Products if the Consumer has returned the Products within 14 days of the date the Consumer sent the Cancellation Communication. Such refunds shall be made (a) no later than (i) 14 days after the day the Seller receives back from the Consumer any Products supplied, or (ii) (if earlier) 14 days after the day the Consumer provides evidence that they have returned the Products, and (b) where possible, using the same means of payment used by the Consumer for the order, unless the Consumer requests the refund via a different means of payment, in which case the Consumer will be charged for any additional fees incurred as a result of the choice of such means.

9.6 The Seller will reduce the refund of the Product if the Consumer has diminished the value of the Products resulting from any unnecessary handling of the Product other than what is necessary to establish the nature, characteristics and functioning of the Products themselves. Therefore, if the returned Products are found to be damaged (for instance showing signs of wear, abrasion, nicks, scratches, deformation, etc.), not complete with all parts and accessories (including unaltered labels still attached to the Products), unaccompanied by the instructions/notes/manuals supplied, not contained in their original packaging and packing, the Seller may reduce the amount of the refund equal to the reduced value of the Products, to compensate the Seller accordingly. To this purpose, the Consumer is invited not to handle the Products other than as strictly necessary to establish their nature, characteristics and functioning, and to use for returning the Products their original packaging and any further protective packaging that will keep them intact and protect from writing or labels.

9.7 In case of purchase by the Consumer via the Website of sealed Products, which are unsuited to be returned for hygienic or health protection reasons, the right of withdrawal pursuant to this article 9 is excluded if these Products have been opened after the delivery. Therefore, in relation to these Products that have been sealed for health and/or hygiene purposes, the Consumer may only withdraw from the sales contract with the Seller and return the Products if the returned Products and their packaging are still sealed.

9.8 A Consumer may also not change their mind, and shall have no right to withdraw from the sales contract with the Seller for an order if:

(a) a Product has been made to the Consumer’s specifications or is otherwise clearly personalized; and

(b) a Product (or Products) have become mixed inseparably with other items after delivery.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 Consumers expressly acknowledges and agree that (i) all intellectual and industrial property rights in and to the Products; as well as (ii) any names, images, photographs, written text, graphics or content of the Website, including the Website’s domain name, are and remain the exclusive property of the Seller, or any other company part of the group of companies to which the Seller belongs to, as the case may be, and do not transfer to the Consumer as a result of the purchase of the Products and/or access to the Website.

11. PROTECTION OF CONSUMER PERSONAL DATA

11.1 To proceed with the registration process, the placement of orders for Products and the conclusion of the sales contract under these General Conditions, the Consumer is required to provide certain personal data. The Consumer hereby acknowledges that the personal data provided via the Website will be recorded and processed by the Seller in accordance with the Regulation (EU) 2016/679, to process each purchase via the Website and the order process, and, upon granting of Consumer’s consent, for any other activities as illustrated in the specific information notice provided to the Consumer via the Website during the registration process and/or purchasing procedure.

11.2 It is the Consumer’s responsibility to make sure that the personal data provided to the Seller during the registration process and/or purchasing procedure is up to date, complete and accurate. If there are any changes to the information the Consumer has provided to the Seller, it is the Consumer’s responsibility to update and/or amend the personal data provided to the Seller via the “My Account” section on the Website to which the Consumer may access logging in.

11.3 For any further information on how the personal data of Consumers are processed by the Seller, please refer to the privacy policy available at the following link: https://www.liquidesimaginaires.com/pages/privacy-policy.

12. DATA SECURITY

12.1 While the Seller and Liquides Imaginaires take all necessary precautions to protect Consumers’ personal data against loss, falsification, manipulation and improper use by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, neither the Seller nor Liquides Imaginaires guarantee that the information or data viewed by the Consumer on the Website, even after the Consumer has provided relative login credentials, will not be accessible or viewable by unauthorized third parties.

12.2 Where data in relation to payments made by credit card are concerned, the Website uses the services provided by Shopify International Limited, with registered office in Dublin (Ireland), 1-2 Haddington Road, D04 XN32, registered in Ireland under number 560279 (Ireland, VAT number IE 3347697KH) which adopts technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the web.

13. MISCELLANEA

13.1 Any tolerance by any Party of any failure by the other Party to fulfil its obligations under the sales contract and/or these General Conditions shall not be construed as a waiver of such Party’s rights.

13.2 If one or more clauses of these General Conditions are or become partly or totally invalid, the validity of the remaining provisions shall not be affected. The Parties undertake to replace invalid provisions with provisions whose content or purpose shall be, to the extent possible, in line with the invalid provision.

14. APPLICABLE LAW AND JURISDICTION

14.1 Any sales contract entered into between the Seller and each Consumer under these General Conditions shall be governed and construed in accordance with the laws of the State of New York, USA, without prejudice in any case to any rights granted to Consumers by binding provisions in force in the Consumer's country of residence.

14.2 All disputes to which the sales concluded in application of these General Conditions may give rise, concerning both their validity, interpretation, performance, termination, consequences and outcomes and which could not be resolved between the Seller and the Consumer, will be submitted to the competent courts under the conditions of common law.