This website is operated by NBFALWAYS OÜ. Throughout the site, the terms “we”, “us” and “our” refer to L’Enfant Malin. NBFALWAYS OÜ offers this website, including all information, tools and services available here to you, the user, under conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
By visiting this site and/or purchasing one of our products, you engage in our “Service” and agree to be bound by the following terms (“General Conditions of Sale”, “General Conditions of Sale”). Sale and Use", "Terms"), including additional terms, conditions and policies referred to herein and/or accessible by hyperlink. These General Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, who are sellers, customers, merchants, and/or content contributors.
Please read these General Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these General Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you must not access the website or use any services offered here. If these General Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these General Conditions of Sale and Use.
All new features and all new tools that will be added subsequently to this store will also be subject to these General Conditions of Sale and Use. You can consult the most recent version of the General Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these General Conditions of Sale and Use by publishing updates and/or modifications on our website. It is your responsibility to check this page periodically to see if any changes have been made. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 – CONDITIONS OF USE OF OUR ONLINE STORE
By accepting these General Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any person of minor age at your expense to use this website.
The use of our products for any illegal or unauthorized purpose is prohibited, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses or any other code of a destructive nature.
Any infringement or violation of these General Conditions of Sale and Use will result in the immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse access to the services to any person at any time, for any reason whatsoever.
You understand that your content (not including your credit card information), may be transferred unencrypted, including (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service or any access to or contact with the Service on the website, through which the Service is provided , without prior express written permission from us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or up-to-date. The content of this site is provided for informational purposes only and should not constitute your sole source of information for making decisions without first consulting more accurate, more complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain some previous information. This prior information, by its nature, is not current and is provided for informational purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 – CHANGES TO THE SERVICE AND PRICES
As many Products are imported from abroad (outside the European Union) at the request of Customers, the prices of Products sold through the Internet sites are indicated in Euros excluding taxes (excluding VAT and excluding duties). customs) unless otherwise indicated. They are precisely determined on the Product description pages. They are also indicated in Euros excluding tax (excluding VAT and customs duties), unless otherwise indicated, on the Product Order page, and excluding specific shipping costs.
The prices of the Products do not include import VAT, import taxes or customs duties, which must be paid in addition and will be fully payable by the Customer, who is liable for these taxes as the recipient of the Product.
The prices of the Products do not include the costs of packaging, packaging, shipping, transport, insurance and delivery of the Product(s) to the delivery address.
The Customer is solely responsible for the process of declaring and paying import VAT upon customs clearance of the Product. He may be asked to pay import VAT. To the extent that this tax is not the responsibility of the Company, it cannot be required to reimburse this tax.
For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. The Company has no control over these rights and amounts.
They will be the responsibility of the Customer and are their responsibility (declarations, payment to the competent authorities, etc.) The Company therefore invites the Customer to obtain information on these aspects from the corresponding local authorities.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be exclusively available online on our website. These products or services may have limited quantities and are subject to returns or exchanges only in accordance with our Return Policy.
We have done our best to display as clearly as possible the colors and images of our products that appear on our store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but have no obligation, to limit the sales of our products or services to any person in any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to stop offering a product at any time. Any offer for a service or product made on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations, or that any errors in the Service will be corrected.
Buyer Protection:
We will refund you in full if you do not receive your order within 90 days. (90-day protection from The Smart Child)
ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce or cancel the quantities purchased per person, per household or per order. These restrictions may include orders placed by or from 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 has been placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be from merchants, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed on 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 see our Return Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no monitoring, control or influence.
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 legal liability arising from or relating to the use of these optional third-party tools.
If you use optional tools offered through the Site, you do so at your own risk and discretion, and you should review the terms on which such tools are offered by the applicable third-party provider(s).
We may also, in the future, offer new services and/or new features on our site (including new tools and resources). These new features and new services will also be subject to these General Conditions of Sale and Use.
ARTICLE 8 – THIRD PARTY LINKS
Certain content, products and services available through 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 under no obligation to examine or evaluate the content or accuracy of such sites, and we do not warrant and have no liability or responsibility for any content, websites, products, services or other materials accessible on or from these third party sites.
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 the third-party policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding these third parties' products should be referred to the same third parties.
ARTICLE 9 – COMMENTS, SUGGESTIONS AND OTHER USER PROPOSALS
If, at our request, you submit specific content (for example, to participate in competitions), or if 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 grant us the right, at any time, without restriction, to edit, copy, publish , distribute, translate and otherwise use in any media any comments you send to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation to anyone for any comments provided; (3) to respond to 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 which infringes any intellectual property or these General Conditions of Sale and Use.
You agree to write comments that do not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights . You further agree that your comments will not contain libelous, defamatory, offensive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service. or any other associated website. You may not use a false e-mail address, pretend to be someone you are not, or otherwise mislead us and/or third-parties as to the origin of any comments. You are entirely responsible for all comments you post and their accuracy. We take no responsibility and assume no liability for any comments you or any third party posts.
ARTICLE 10 – PERSONAL INFORMATION
The submission of your personal information to our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
There may occasionally be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers , product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate. , at any time and without notice (including after you have placed your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date in the Service or on any related website, should be taken into account in concluding that information in the Service or on any related website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to the prohibitions set out in the General Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to incite others to perform or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone 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 compromise the functionality or operation of the Service or of any related website, independent website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort, crawl, crawl or scan the web (or any other resource); (j) for lewd or immoral purposes; or (k) to violate or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.
ARTICLE 13 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee or represent that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without prior notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (unless expressly stated otherwise by us) provided "as is" and "as available" for your use, without representation, without warranties and unconditional warranties of any kind, express or implied, including all implied warranties of merchantability or quality, fitness for a particular purpose, durability, title and non-infringement.
NBFALWAYS OÜ, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors shall not be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs or similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising from your use of any service or product from this Service, or any other claim relating in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising from the use of the Service or any content (or products) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of their occurrence. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
ARTICLE 14 – COMPENSATION
You agree to indemnify, defend and hold harmless NBFALWAYS OÜ, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, as to any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these Terms and Conditions of Sale and Use or the documents referred to therein, or your violation of any law or the rights of a third party.
ARTICLE 15 – SEVERABILITY
In the event that any provision of these General Conditions of Sale and Use is deemed to be illegal, void or inapplicable, this provision may nevertheless be applied to the fullest extent permitted by law, and the non-applicable part must be considered as being dissociated from these General Conditions of Sale and Use, this dissociation shall not affect the validity and applicability of all other remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities incurred by the parties before the termination date will survive the termination of this agreement for all purposes.
These General Conditions of Sale and Use are effective unless and until they are terminated by either you or not. You can terminate these General Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If we judge, in our sole discretion, that you fail, or if we suspect that you have been unable to comply with the terms of these General Conditions of Sale and Use, we may also terminate this agreement at any time without advance notice to you and you will remain liable for all amounts owed up to and including the termination date, and/or we may deny you access to our Services (or to any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Any failure on our part to exercise or apply any right or provision of these General Conditions of Sale and Use should not constitute a waiver of this right or provision.
These General Conditions of Sale and Use or any other policy or operating rule that we publish on this site or in respect to the Service constitute the entire understanding and agreement between you and us and govern your use of the Service, and supersede all communications, proposals and all prior and contemporaneous agreements, oral or written, between you and us (including, but not limited to, any prior version of the General Conditions of Sale and Use ).
Any ambiguity regarding the interpretation of these General Conditions of Sale and Use must not be interpreted to the disadvantage of the drafting party.
ARTICLE 18 – APPLICABLE LAW
These General Conditions of Sale and Use, as well as any other separate agreement through which we provide you Services will be governed and interpreted under the laws in force in FRANCE.
ARTICLE 19 – MODIFICATIONS TO THE GENERAL CONDITIONS OF SALE AND USE
You can consult the most recent version of the General Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these General Conditions of Sale and Use by publishing updates and changes on our site. It is your responsibility to visit our site periodically to check for changes. Your continued use of or access to our site after the publication of any modifications to these General Conditions of Sale and Use constitutes acceptance of these modifications.
ARTICLE 20 – CONTACT INFORMATION
The brand L'Enfant Malin belongs to NBFALWAYS OÜ.
Questions regarding the General Conditions of Sale and Use should be sent to us at contact@lenfantmalin.com.