Sale of Products by LIVLAB

General Terms and Conditions of Sale

PREAMBLE

The company LIVLAB SARL (hereinafter referred to as "LIVLAB") distributes its various products in the following countries:

The entire European Union (EU) as well as the European Economic Area (EEA);
The United States of America;
Australia;
Brazil;
Japan;
South Korea.

In order to better serve its customers, LIVLAB offers the purchase of its products online through an online sales network.

This sales system, which requires an active approach by the customer visiting the network and making their purchase, complies with the regulations relating to distance selling and in particular Articles L. 111-1, L. 112-1 and L. 221-1 and following of the Code de la Consommation.

These conditions are therefore intended to apply exclusively to customers acting as consumers and habitually residing in one of the aforementioned territories.

Article 1: Scope

These General Terms and Conditions of Sale apply to all sales of HoomBand concluded via the website https://livlab.care (hereinafter referred to as "the site"), and intended to be delivered in one of the territories mentioned in the preamble.

Thus, before placing any order on the site, the customer acknowledges having read these conditions and accepts them without reservation. The validation of the order constitutes full and unconditional acceptance of these GTC.

Article 2: Our Company

LIVLAB SARL, located at 4 Avenue du Président Wilson, 75008 Paris, France, registered with the Paris Trade and Companies Register under number 753 502 194 00016.

Article 3: Ordering Conditions

To place an order on the site, the customer must:

to be of legal age,
to reside regularly in one of the aforementioned territories,
to be the holder of the card used for payment (see Article 5).

Each order is accepted and executed subject to stock availability.

The customer is informed at the time of order, either by customer service or on the product page of the site:

of the availability of the item; or
in case of unavailability, of the possibility to order it in anticipation of a later delivery.

If, despite all efforts by LIVLAB, the ordered item is unavailable, the customer will be informed by e-mail within a reasonable time. If the customer's account has been debited, LIVLAB undertakes to refund the amounts paid within fifteen (15) days.

The customer undertakes to provide LIVLAB (via customer service or during the online order) with complete, accurate, and up-to-date information to allow order processing. Failing that, LIVLAB reserves the right to:
(i) fully cancel the order and payment, or
(ii) put the order on hold until the missing information is received.

Article 4: Prices

Prices displayed on the site are indicated in euros (€), US dollars ($), Canadian dollars ($CA), Australian dollars ($AU), British pounds (£), Japanese yen (¥), or Korean won (₩). They are all taxes included, except for orders destined for the United States, where local tax will be applied at payment.

Delivery charges remain the responsibility of the customer, except for temporary or permanent promotions.

Any customs duties are the sole responsibility of the customer.

LIVLAB makes every effort to ensure the accuracy of the displayed prices, but typographical errors may occur. In case of a pricing error, LIVLAB reserves the right to cancel any order placed at the incorrect price, whether the order has been confirmed or not.

Prices may be changed at any time without notice. The applicable price is the one in effect at the time of order validation.

Article 5: Payment Terms

Payment can be made by:

Credit card (Visa, Eurocard/Mastercard, American Express)
PayPal

In case of payment by credit card, the customer's account is debited during the preparation of the order.

When ordering, the customer guarantees to be the holder of the card used and undertakes to provide all necessary payment information (card number, expiration date, CVV security code).

If, for any reason whatsoever (blocked card, insufficient funds…), the debit fails, the sale is immediately canceled.

In case of a successful transaction, an invoice is sent to the e-mail address provided by the customer during the order. This invoice reflects the rates in effect at the time of purchase.

LIVLAB declines all responsibility in case of typographical error on the said invoice.

Article 6: Delivery

In accordance with the Consumer Code, the ordered items are delivered within the timeframe indicated at the time of payment and, failing that, within a maximum period of thirty (30) days following the order, subject to full payment.

The delivery times communicated by LIVLAB are given as an indication and have no contractual value.

In case of a damaged package upon receipt, the customer agrees to open the package in the presence of the carrier to check the condition of the items. In case of damage, the customer must immediately inform customer service via the help center: https://help.livlab.care .

The request must be made in French, English, Spanish, German, or Italian.

Article 7: Cancellation of a Recent Order

A period of four (4) hours exists between order acceptance and the transmission of information to the carrier. After this period, cancellation is no longer possible.

Any cancellation request must be made within this period via the help center: https://help.livlab.care .

Requests made beyond this period will be refused, and return shipping costs will remain the responsibility of the customer.

Article 8: Right of Withdrawal

LIVLAB grants the customer a right of withdrawal, in accordance with article L. 221-18 of the Consumer Code.

However, this right does not apply to:

Custom orders;
Items that have been clearly used and cannot be accepted back for hygiene or health reasons.

While the law provides a period of fourteen (14) days following delivery, LIVLAB grants extended deadlines:

30 days for the products HoomBook and HoomKid;
100 days for the product HoomBand.

The customer must inform customer service of their intention to return a product via the help center: https://help.livlab.care , then send the item back to the address provided by our teams.

Items must be returned in good condition, in their original packaging, with all provided accessories (batteries, manuals, etc.), mentioning the order number and the associated name.

Any returned item that is incomplete, damaged, dirty, or in poor condition will neither be exchanged nor refunded.

Return shipping costs are the responsibility of the customer, except if LIVLAB delivered a defective or non-compliant item. In this case, proof (including a valid tracking number) must be provided.

LIVLAB undertakes to refund the amounts paid by the same payment method used at the time of purchase (bank card, PayPal, Stripe).

In accordance with article L.221-24 of the Consumer Code, additional delivery fees chosen by the customer (e.g.: express delivery) are not refundable.

Article 9: Product Returns

Any product return must be previously reported to customer service via our help center: https://help.livlab.care .

The product must be returned in its original condition, complete (packaging, accessories, manual, etc.), accompanied by the order number and the name of the customer who made the purchase.

LIVLAB reserves the right to refuse any return that does not comply with these conditions.

Article 10: Legal Warranty

All products sold by LIVLAB benefit from:

of the legal warranty of conformity (articles L.217-4 to L.217-14 of the Consumer Code);
of the warranty against hidden defects (articles 1641 to 1649 of the Civil Code).

These warranties apply independently of any commercial warranty that may be granted.

In case of a defective or non-compliant product, the customer may:

request the repair or replacement of the product;
or, if these solutions are impossible, request the cancellation of the sale or a reduction of the price paid.

The customer has a period of 2 years from delivery to act under the legal warranty of conformity.

Article 11: Liability

LIVLAB cannot be held responsible for damages resulting from misuse of the product, negligence, lack of maintenance, or use not in accordance with the provided instructions.

LIVLAB's liability, whatever the cause, shall not exceed the amount of the order in question.

Article 12: Force Majeure

LIVLAB cannot be held responsible for any failure or delay in the performance of its obligations resulting from a force majeure event, as defined by the case law of French courts (e.g.: natural disasters, strikes, wars, pandemics, network outages, etc.).

In case of force majeure, the execution of the contract is suspended.

Article 13: Personal Data Protection

The personal information collected during the order is necessary for its processing and may be communicated to LIVLAB's contractual partners (e.g., logistics providers, payment providers).

They are processed in accordance with the LIVLAB Privacy Policy available on the site https://livlab.care .

In accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act, the customer has the right to access, rectify, object to, and delete their personal data.

Article 14: Intellectual Property

All elements of the site (texts, images, logos, graphic charter, videos, etc.) are protected by copyright, trademark law and/or patent law.

Any reproduction, exploitation, distribution or use, even partial, of these elements without the prior written authorization of LIVLAB is strictly prohibited and may give rise to legal action.

Article 15: Applicable Law and Dispute Resolution

These General Terms and Conditions of Sale are governed by French law.

In case of dispute, an amicable solution will be sought as a priority with customer service via the help center https://help.livlab.care .

In the absence of an amicable agreement, any dispute shall be brought before the competent French courts, in accordance with the rules of common law jurisdiction.

Article 16: Modification of the GTC

LIVLAB reserves the right to modify these General Terms and Conditions of Sale at any time.

The applicable GTC are those in force at the time of the customer's order.