TERMS AND CONDITIONS OF SALE

PREFACE

The present general terms and conditions of sale are applicable between:

FAMILY WEB DIFFUSION, SARL with a capital stock of 1,000,000 Euros
1 rue Gustave Eiffel
31780 Castelginest
France

Registered with the Trade and Companies Register (RCS) of Toulouse under the number 530 155 167

and

All physical persons acting as a private individual or representing a legal entity visiting or making a purchase on the www.loveandvibes.co.uk website,

Hereafter known as "User"

LOVEANDVIBES is a brand belonging to the Family Web Diffusion company.
All orders placed on the www.loveandvibes.co.uk website assume the prior consultation of and agreement to the following terms and conditions. As the
www.loveandvibes.co.uk site is an online retail space, the User acknowledges that he or she is totally informed of the fact that agreement to the present
terms and conditions of sale does not require a signed copy of this document.

The User is encouraged to save and print the following terms and conditions of sale, which describe the contractually binding agreement between the two
parties. The User declares that he or she is of age and has the legal capacity to agree to the following terms and conditions and thus enter a contract under
French law.

1 - GENERAL

The following general terms and conditions are intended to define the rights and obligations between the two parties in the context of the distance selling
of the products offered on the online retail space, which is accessible at the site www.loveandvibes.co.uk, from the moment an order is placed up to the
after-sales services and guarantees, including payment and delivery.

2 - ENFORCEABILITY OF THE TERMS AND CONDITIONS OF SALE

The version of the general terms and conditions of sale that is binding on the User is that which is posted on the website at the moment the User places the order. Different versions of the terms and conditions of sale have been archived by Family Web Diffusion. The general terms and conditions of sale may be modified or deleted at any time.

3 - UNAVAILABILITY OF THE SITE

The www.loveandvibes.co.uk website or access to one or several of many services within the site such as the online retail space could, without warning or compensation, be closed temporarily or definitively, without the User being entitled to any compensation.

4 - PRODUCTS

The products featured on the site have been conceived and produced by different manufacturers and have received the CE marking.
All packages containing sex toys and lingerie that leave our warehouse are sealed for obvious reasons of hygiene. The sealed transparent plastic package guarantees that the plastic has not been opened, that the product has not been handled and that the product is perfectly new.

4.1 Availability

The products (i.e. goods or services) offered for sale by Family Web Diffusion are those that appear on the site www.loveandvibes.co.uk on the day that the User visits the site.

All products are subject to availability. If a product is out of stock, Family Web Diffusion will inform the User of the unavailability of said product, using all means provided by the User to do so, within two weeks of the date that the order has been placed.

Subsequently, Family Web Diffusion will, at the User’s discretion, arrange a new delivery date based on the date that the product is back in stock. If no agreement is reached, or the product is permanently unavailable, Family Web Diffusion will reimburse the User for the total amount spent in a maximum of 30 days. The User will not be entitled to any further compensation.

4.2 Pre-orders and Special Orders

Certain out-of-stock products may be specially ordered by the User. A special order allows the User to order and pay for the product, which will be dispatched on the date that is indicated on the product page, to the left of the “Add to Basket” icon.

Once paid for, the special order is a final sale. Special orders cannot be cancelled nor refunded.

The User’s right of withdrawal does not apply to special orders. The User will be given an estimated dispatch date for these items, and Family Web Diffusion will do all that is possible to respect this date. If the eventual dispatch date of the item should be later than the estimated date given, the User is in no way entitled to cancel the order or receive a refund for the item. An alert message appearing on the page presenting the contents of the User’s basket explicitly states the terms and conditions of sale for these items.

When the order contains other items that are immediately available, those items are dispatched to the User if their total amount is greater than 30.00£ (including all taxes) if not, these items are dispatched when all of the products in the order become available.

4.3 Information / Guarantees

The greatest care is taken to publish information concerning the fundamental characteristics of the retail items, methods of payment, and delivery prior to the order being placed. Nevertheless, slight differences in the appearance of a product, which do not change the fundamental characteristics of the product, may occur. These differences do not in any way affect the enforceability of the contract between Family Web Diffusion and the User.

The information published on the www.loveandvibes.co.uk site do not in any way exempt the User from carefully reading any user manuals or other information included with the product or printed on the product or its packaging (user warnings, instructions) or carefully reading the user’s guide that may be consulted or printed here: See and Print User’s Guide.

The products available for order comply with all applicable French laws and norms.

5 - PRICING POLICY

5.1 Prices

The prices of the products available for order are indicated on the online retail space reserved for that purpose.
The prices of the products available for sale on our UK site are listed in £GBP with all taxes included.
These prices do not include, unless elsewhere stated, any shipping costs, which are indicated underneath the total amount with taxes.

The stated price includes any sales taxes that are applicable on the day of the order, and any changes to the sales tax amount will automatically be added to the price of the products available on the retail site.
The confirmation e-mail sent to the Internet User will list the total amount of the order, including all sales taxes and shipping costs, in £GBP.

The price of the products available for order do not include any communication fees incurred during the ordering process, which remain solely the responsibility of the User.

Family Web Diffusion reserves the right to modify its prices at any time. Nevertheless, the User will be billed for products on the basis of the prices that are listed at the time that the order is placed.

For all deliveries outside of the European Union, all duty taxes and formalities remain, unless otherwise stated, solely the responsibility of the User, who must confirm the possibility of importing the products available for order into the delivery country.

5.2 Facebook

The www.loveandvibes.co.uk website offers its users the possibility become a fan of its Facebook page by following a hypertext link located on a “Join Us on Facebook” banner, which sends the user to www.loveandvibes.co.uk’s Facebook page.

6 - ORDERING

6.1 Placing an order

Placing an order involves the following steps:

  • Step 1: The User fills the basket with products.

  • Step 2: The User fills out the required fields in the identification and information screens. The User must confirm the veracity and the accuracy of the information being transmitted.

  • Step 3: The User consults the terms and conditions of sale.

  • Step 4: The User agrees to the terms and conditions of sale by checking the box “I agree to the terms and conditions of sale”, and then clicks on the “Proceed to Checkout” icon.

  • Step 5: The order is confirmed.


The User then receives an order confirmation e-mail.

All orders that are placed by the User through the preceding steps represent an irrevocable agreement to the general terms and conditions of sale, and an electronic signature that has the same legal value of a written signature, in accordance with French civil law.

6.2 Confirmation of the order

In accordance with the applicable regulations, contractual information will be confirmed at a given moment, at the latest at the moment of delivery, via an e-mail to the electronic address provided by the User on the order form.

The confirmation e-mail will contain the following information:

  • a description of the products that have been ordered;

  • the order number;

  • the total amount of the order (price excluding tax, price including tax, shipping costs);

  • a reminder of the conditions of the secure payment system.


It is the User’s responsibility to save this contractual information in the format of their choosing.

Family Web Diffusion reserves the right to decline to confirm the order, notably in cases in which payment is refused by officially accredited organisations, or cases of non-payment or incomplete orders. In these cases, Family Web Diffusion will inform the User of their decision by e-mail.

The order is only finalised after:

  • the User pays the total cost of the order, or a deposit on the order;

  • Family Web Diffusion confirms the availability of the product, within a maximum delay of 15 days after the order confirmation e-mail is sent to the User.

7 - PAYMENT

7.1 Methods of Payment

Payment can be made online by credit card, by bank transfer, or through PayPal. The bill for the product is available in the “My Account” customer space on the www.loveandvibes.co.uk website.

Payment by credit card may require the confirmation of the User’s identity before payment is accepted by our order preparation team.
This confirmation procedure has been implemented to reduce cases of identity theft and the misappropriation of payment methods. Any information that is submitted by the User is used strictly for internal purposes and remains totally confidential.

The order is only finalised when the buyer has settled the full amount of the price of the order and has supplied the required forms of identity.

For online payment by credit card, Family Web Diffusion uses a secure payment service through our partner banks’ servers. All information sent through the www.loveandvibes.co.uk website via this payment system is systematically encrypted to ensure that the information will remain private.

For payments by bank transfer, the order is prepared and dispatched after Family Web Diffusion’s account has been credited for the amount of the order.

7.2 Non-payment

In the event of non-payment of the price of an order that is not justified by a legitimate reason, Family Web Diffusion is entitled to demand the payment of interest, which will be calculated using the applicable legal rate, increased by three points, counting from the date that the payment is due.

In cases of contentious debt collection (involving collection agencies, attorneys, or bailiffs), after notification by letter, debts owed to Family Web Diffusion will be increased by 15% through a penalty clause, along with all additional fees and interest as stated above.

7.3 Retention of Property

The delivered item remains the property of Family Web Diffusion until the total and actual cost of order is paid by the User. Non-payment may result in the collection of the item by the Family Web Diffusion company.

All risks of loss or depreciation of the item are transferred to the User at the moment that the product has left the Family Web Diffusion headquarters.

8 - DELIVERY TIMES AND CONDITIONS

8.1 Delivery Times

Products are shipped the same day that the order is placed for all orders paid by credit card or by PayPal before 4:30 p.m. with DPD (4:15 p.m. with DHL), and the next day or next working day for orders placed after 4:30 p.m. (no orders are dispatched on Saturdays, Sundays, or bank holidays).

However, it is important to note that products ordered by the User may be delivered within a maximum delay of 3 weeks from the date of the order confirmation and payment for deliveries within the European Union. For deliveries outside of the European Union, maximum delivery times increase to 4 weeks.

In the event that a product is out of stock, Family Web Diffusion must inform the Internet User of the situation as soon as possible so that the User may be reimbursed as soon as possible, at the latest thirty days after payment of the order.

8.2 Delivery methods

At the moment the order is confirmed, Family Web Diffusion informs the User of the available methods of delivery, which will determine the average delivery time, and the different types of delivery offered by each carrier. The User will also be informed of Family Web Diffusion’s policies regarding risk of loss and damage to the goods, retention of property, and compensation in cases of loss of or damage to the package during transport.
For delivery to the European Union, we offer two delivery methods:

  • Complimentary Standard Delivery with DPD: our standard delivery service is free for all orders, with no minimum purchase amount.

  • Express Delivery starting at £5.95 with DHL: we also offer express 24-hour DHL delivery to the UK, starting at £5.95. Orders placed before 4.00pm will be shipped from our warehouse the same day (excluding Saturdays, Sundays, and bank holidays) and delivered to customers the next day. The total cost of shipping is based on the weight of the order, and is automatically calculated upon checkout. Customers will be notified of the total cost of shipping before finalising their order.

8.3 Lost and Delayed Parcels

In the event of late delivery or a lost parcel, the User must contact the www.loveandvibes.co.uk site’s Customer Service by e-mail and send them all the relevant information. Customer Service will then contact the carrier to launch an inquiry.

Family Web Diffusion is not responsible for any delays in delivery time due to the carrier, particularly in the event that the parcel is lost or in the event of a strike. In all cases, any compensation, exchange, or refund will only be possible after the carrier’s inquiry.

8.4 Quality control of delivery

Family Web Diffusion guarantees total conformity between the product as delivered and the fundamental characteristics of the product as described on the www.loveandvibes.co.uk website, provided the product is used for the purposes intended by the manufacturer.

If permitted by the delivery method selected by the User at the time the order is placed, the User must verify the integrity of the packaging and the conformity of the product as delivered, and must indicate on the carrier’s delivery slip any precise and legitimate observations of any missing or damaged products.

8.5 Address Errors and/or Incomplete Addresses and/or Refusal of Delivery and/or Abandoned Parcels

In the event of an address error and/or an incomplete address and/or a refusal of delivery and/or an abandoned parcel, the carrier will return the parcel to Family Web Diffusion headquarters for the reason that “Recipient does not live at this address”, or “Incomplete Address”, or “Refused”, or “Abandoned”, or any other reasons cited by the carriers.

Family Web Diffusion will then contact the User and ask if the parcel should be re-dispatched. If so, the User must pay a fee of £10 for standard shipping with DPD or £15 with DHL if the User is found to be responsible for the error during the ordering process. If Family Web Diffusion is responsible for the error, the second delivery will be complimentary.

If the order is cancelled due to the return of the parcel by the carrier due to an incorrect or incomplete address, a service fee of £10 will be deducted from the amount of the reimbursement. Any delivery charges or handling fees (for example, the gift wrap and personalised message option) will not be reimbursed. These penalties will not be applied if Family Web Diffusion is responsible for the error.

If the User refuses delivery of the parcel for any reason, or the parcel is returned to Family Web Diffusion by a ParcelShop due to the User’s failure to retrieve it, a service fee of £10 will be deducted from the amount of the reimbursement. Any delivery charges or handling fees (for example, the gift wrap and personalised message option) will not be reimbursed.

8.6 Delivery Areas and Duty Taxes

We deliver to all countries within the European Union and Switzerland, the French overseas territories, Eastern European countries situated outside the EU, and Maghreb, with the possibility of delivery to other countries upon request.

Delivery fees are displayed at the time the order is placed, depending on the country that is selected by the User.

Family Web Diffusion is unable to supply any information regarding import duty taxes applicable to countries outside of the EU. Therefore, it is the User’s responsibility to contact the local customs officials in their region in order to obtain the pertinent information and the true cost of the delivery of the product. Any import duty taxes are solely the responsibility of the User.

8.7 Product Reviews

All Users who have ordered a product from the www.loveandvibes.co.uk website may, using their customer space or directly on the site, publish a review, a comment, or a post on the Love and Vibes blog or on a product page.

These reviews are viewable by all visitors to the website. The review must be written using the exact guidelines described below.

Any content supplied or posted by Users onto the www.loveandvibes.co.uk website, particularly user comments, are solely the responsibility of users. Family Web Diffusion cannot in any way be held responsible for any erroneous or incomplete information that may mislead other visitors or Users.

All the data published by a User must respect third-party rights and must not be injurious or defamatory, nor may they be in violation of any public disturbance or indecency laws, Family Web Diffusion’s rights, or the ethical standards regulating the use of the Internet.

The User grants to Family Web Diffusion, without any compensation and for the duration of all applicable author rights, the right to reproduce and to republish any content on the site’s current format, or on any potential future formats, for a global audience.

Users must not infringe on any intellectual property rights (moral and/or patrimonial), copyrights, or industrial property rights belonging to Family Web Diffusion or any other individuals or groups.

Consequently, the User guarantees that Family Web Diffusion will not be implicated in any sanctions or other consequences that occur as a result of a third-party’s actions. Non-compliance with the terms and conditions of the sites may leave the author subject to judicial proceedings.

Family Web Diffusion reserves the right to delete or to refuse to publish all reviews that are judged to be in violation of the rules described in this document.

Customer scores (regarding conformity of product, customer service, and delivery times) and reviews are authentic and have been gathered from Family Web Diffusion’s various partner marketplaces.

9 - WARRANTY

9.1 Warranty against Hidden Defects

Family Web Diffusion must respect the legal warranty against hidden defects, as applicable by Article 1641 of the French Civil Code that states: “The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects”.

However, for hygienic reasons, all items that have been used or worn cannot be returned or exchanged, and Family Web Diffusion will not reimburse the User for these items.

In no event shall Family Web Diffusion be held responsible for the use of a product in a way other than that intended by the manufacturer, nor the non-compliance with legislative and regulatory provisions applicable in the country of delivery.

9.2 Non-conformity

In the event of the non-conformity of the product as delivered (in accordance with Article L 211-5 of the French Consumer Code), the User must inform Family Web Diffusion’s Web Customer Service team within the timeframe stipulated by Article 211-7 of the French Consumer Code, by sending an e-mail that clearly outlines the alleged issue of conformity. Family Web Diffusion must then offer an exchange to the User or issue the User a credit note (provided that the defect is observed and reported within the period of withdrawal of fourteen days after the date of delivery of the product), and only if the item is returned unopened in its original packaging (undamaged and sealed). In the event of a return due to non-conformity, Family Web Diffusion will reimburse the User for any delivery costs incurred, upon presentation of a postage receipt and with respect to the applicable rates of the postage company (such as Royal Mail).

However, for hygienic reasons, all items that have been used or worn cannot be returned or exchanged, and Family Web Diffusion will not reimburse the User for these items.

All returned items that have been worn will be destroyed, and the User will in no way be entitled to compensation from Family Web Diffusion.

The User must send back the product using a tracked postage system (such as Royal Mail Signed), in order to avoid any disputes during transportation. The sender is responsible for any damages (defects, loss, theft) that may occur to the merchandise during transportation up until delivery is complete.

In the event that Family Web Diffusion’s after-sales team does not consider the product defective after it has been received and inspected, the User will be liable for a fee of £10 must be settled before the product is sent back using DPD or £15 if sent back with DHL Express. Any product that has obviously been broken, worn, or damaged by the User will in no way be eligible for a return or an exchange by Family Web Diffusion.

The batteries that have been included with the product are strictly for demonstration purposes only and do not have an optimal battery life. They are not covered by the warranty and are in no way subject to an exchange or a return under our policy regarding defects or non-conformity.

Users should test their product using new batteries before returning the item for the reason of lack of conformity. In the event that a returned product does not work because the demonstration batteries have been left in or low quality batteries have been used, the product will in no way be eligible for return, and the User will be liable for payment of the fees mentioned above before the product is shipped back.

For certain sex toys, the entire battery compartment must be removed in order to insert the required 4 LR6 batteries, before re-installing the compartment in the toy.

The present stipulations do not prevent the User from being eligible for the right of withdrawal clause, which is outlined below in Section 10. In the event a User wishes to exercise the right of withdrawal clause by claiming that the product is defective, but the product is not considered defective after close inspection by Family Web Diffusion’s after-sales team, a £10 service fee will be deducted from the refund amount.

An article of lingerie that has been ordered in the incorrect size is not considered a defective item and cannot be returned for reasons of non-conformity. Our lingerie sizing guide is provided for information only. Only the right to withdrawal and the related return policy are applicable in this case (see Section 10).

Products on which the “water resistant” icon appears are not suitable for use in the shower or the bathtub. Such products are resistant to light unintended splashes of water but are not waterproof against a continuous spray of water or total immersion. The User assumes total liability for the use of these products in water. Products that are rendered defective due to this kind of use are ineligible for return or exchange.

The accidental fissuring or puncturing of inflatable items (inflatable dolls, plugs, vibrators, dildos, etc.) are not covered by the warranty and are not eligible for exchange or refund.

Battery compartments, strings, key-chain, covers, rings, and any other accessories are not covered by the warranty and cannot be returned or be the object of a claim under the lack of conformity policy. Therefore, these elements should be handled with care, particularly while cleaning the product or changing its batteries.

10 -RIGHT OF WITHDRAWAL

As applicable by Article L 121-16 of the French Consumer Code, the User is entitled to the right of withdrawal for a period of fifteen days from the date of the delivery of the product. This right is only valid if the product in question is returned in a condition that allows its resale by Family Web Diffusion.

In accordance with Article 12120-2 of the French Consumer Code, and in accordance with the exceptions to the Hamon Law enacted on June 13 2014, intimate products (hygiene) are ineligible for return under the right of withdrawal if the packaging has been opened by the consumer. As a result, and due to the nature of our products and for obvious hygienic reasons, lingerie, sex toys, perishable products, gels, lubricants, cleaners, and oils cannot be returned, exchanged, or refunded unless the product’s individual seal has not been opened.

All items having a seal that has been opened, and all products that have been tested, handled, worn, tried on, damaged, dirtied, or with packaging that has been opened, ripped, or damaged, cannot be returned under the right of withdrawal.

All product returns must be requested by sending an e-mail to our Customer Service Team.

If the User takes advantage of the right of withdrawal, the product must be returned in its original packaging, which must be in perfect condition (the box must not be opened, ripped, or damaged), accompanied by all accessories and manuals, as well as the number of the bill corresponding to product in question.

The User must send back the product using a tracked postage system (such as Royal Mail Signed), in order to avoid any disputes during transportation. The sender is responsible for any damages (defects, loss, theft) that may occur to the merchandise during transportation up until delivery is complete.

The postage fees for returning items are solely the responsibility of the User, who is in no way entitled to a refund for said fees from Family Web Diffusion.

Any product that has been unsealed, has been taken out of its packaging, has been tested or handled, has missing parts, is damaged, used, or dirtied, or has wrapping that has been unsealed, opened, ripped, or damaged, cannot be returned and can in no way be eligible for a refund or exchange.

The returned product will remain at the disposal of the User for the duration of 30 days from the date of its reception by Family Web Diffusion. The cost of re-dispatching the product is solely the responsibility of the User and must be settled before the product is sent back to the User. In the UK, the User must settle a fee of £10 before the product is sent back through DPD.

In the event that a product is not reclaimed by the User and after the period of 30 days, the product will be considered abandoned. Family Web Diffusion will assume ownership of the item and will destroy the item. In this event, the User is in no way entitled to any compensation.

In the event of a return under the right to withdrawal that is made after the legal period of fifteen days (with the postmark of the parcel serving as proof), Family Web Diffusion is unable to fulfil any requests for exchange or refund. In this case, the postal fees for re-dispatching the product will be solely the responsibility of the User, or else the product will be destroyed after a period of 30 days from the date of the receipt of the return. In the UK, the User will be responsible for a fee £10 before the product is sent by through DPD.

In the event that a product is not reclaimed by the User and after the period of 30 days, the product will be considered abandoned and Family Web Diffusion will assume ownership of the item and will destroy the item; in this case, the User is in no way entitled to any compensation.

In the event the User exercises this right of withdrawal, and if the conditions above are followed to the letter, the User will have the choice between exchanging the product, or a full refund of the price of the product excluding all delivery fees, processing fees (for example, the “Gift Wrapping & Personalised Message” option) as well as any return fees that may apply.

The right to withdrawal does not apply to any special order items (see section 4.2)

11 - EXCHANGES

All product returns must be requested by sending an e-mail to our Customer Service Team.

In the event of an exchange, the User must return the item in its original packaging, intact and sealed, and include a cheque for the amount of the postage fees for sending the new item to the country of the User. If the new item is of greater value than the returned item, the User must also pay the difference by cheque. Family Web Diffusion will then send the User the new item as soon as possible.

In UK, the User is responsible for a fee of £10 before the new product is dispatched through DPD and £15 if the new product is dispatched through DHL Express.

Any product that has been unsealed, has been taken out of its packaging, has been tested or handled, has missing parts, is damaged, used, or dirtied, or has wrapping that has been unsealed, opened, ripped, or damaged, cannot be returned and can in no way be eligible for a refund or exchange.

The returned product will remain at the disposal of the User for the duration of 30 days from the date of its reception by Family Web Diffusion. The cost of re-dispatching the product is solely the responsibility of the User and must be settled before the product is sent back to the User. In the UK, the User is responsible for a fee of £10 before the product is dispatched through DPD.

In the event that a product is not reclaimed by the User and after the period of 30 days, the product will be considered abandoned. Family Web Diffusion will assume ownership of the item and will destroy the item. In this event, the User is in no way entitled to any compensation.

The User must send back the product using a tracked postage system (such as Royal Mail Signed), in order to avoid any disputes during transportation. The sender is responsible for any damages (defects, loss, theft) that may occur to the merchandise during transportation up until delivery is complete.

The postage fees for returning items are solely the responsibility of the User, who is in no way entitled to a refund for said fees from Family Web Diffusion.

12 - PROTECTION OF PERSONAL DATA

All information that is solicited from the User, particularly through forms on the site, is necessary for processing orders and will be transmitted to the service providers in charge of carrying out the order, particularly carriers and/or all other competent authorities in the case of a dispute between Family Web Diffusion and the User. This information may also be used to gain knowledge of Users’ preferences in order to serve them better.

In accordance with law n°78-17 of January 6 1978 relating to Data Protection, the processing of nominative information collected on the www.loveandvibes.co.uk website is eligible for the declaration of receipt n°1503789 from the Commission Nationale de l’Informatique et des Libertés (a national agency that aims to protect personal data, support innovation, and preserve individual liberties). The User is entitled to access, modify, rectify or delete any data concerning them. To exercise this right, the User must send an e-mail to Family Web Diffusion’s Web Service team.

13 - INTELLECTUAL PROPERTY RIGHTS

All elements belonging to Family Web Diffusion, such as the www.loveandvibes.co.uk website, its brands, designs, images, models, sound clips and videos, texts, photos, logo, corporate identity and style guide, as well as any other elements not listed here, are the exclusive property of Family Web Diffusion. It should be noted for all purposes that Family Web Diffusion has registered the trademark Love and Vibes with the INPI under the °11/3824577.

The present terms and condition do not imply any transfer of intellectual property rights to elements belonging to Family Web Diffusion to the benefit of the User.

Family Web Diffusion permits access to its site to Users for personal use only, on a non-transferable, non-exclusive basis. Use of the site must strictly comply with the general terms and conditions set forth in this document. All other use of this site may constitute an infringement on Family Web Diffusion’s rights and may be legally sanctioned in accordance with intellectual property law.

The User agrees to not infringe, either directly or indirectly, on Family Web Diffusion’s intellectual property, and is forbidden from using in any way or form the company’s name, brands, or logos. The User agrees to fully and entirely respect Family Web Diffusion’s rights and must not make any use of what might construed by the public as a likeness to the company for any purpose.

Any hyper-linking toward the www.loveandvibes.co.uk homepage must be authorised by the company, and must be removed upon Family Web Diffusion’s request.

14 - RESPONSIBILITY

Family Web Diffusion is bound to a general standard of care and shall not be held liable for any inability to perform its obligations due to a case of force majeure in the generally accepted meaning of the term under French law or for any reasons out of the company’s control.

In any event, Family Web Diffusion’s responsibility is limited to the price of the product sold.

Family Web Diffusion cannot be held responsible to the extent allowed for by applicable regulations for direct (particularly immaterial) or indirect damages resulting from access to the site. It must be noted that the links that appear on the www.loveandvibes.co.uk site direct users to third-party sites, the contents of which remain solely the responsibility of the owners and operators of said sites.

Family Web Diffusion cannot be held responsible for the incompleteness or inexactness of the information provided in User-posted comments.

15 - ENTIRE AGREEMENT

In the event that one of the clauses in the present contract becomes null and void due to a change in law or regulations, or by a court ruling, the overall validity of the general terms and conditions of sale will remain unaffected.

16 - DURATION

The present terms and conditions are applicable for as long as the services provided by Family Web Diffusion remain online.

17 - PROOF

The computerised registries, kept on Family Web Diffusion’s servers or its host servers, shall be considered as the proof of communication, orders, and payments between the two parties.

18 - JURISDICTION AND APPLICABLE LAW

The present terms and conditions are subject to French law, with respect to both substantive and procedural rule of law.

In no way shall Family Web Diffusion be held responsible for the violation of local laws in effect in a User’s home country.

Any legal disputes shall, in the event a mutual agreement cannot be reached, be settled exclusively by the following two authorities:

  • The Tribunal de Commerce of Toulouse in the event of a dispute between Family Web Diffusion and a professional entity

  • The relevant French court in the event of a dispute between Family Web Diffusion and private entity