Sales of products by LIVLAB
General Terms & Conditions of Sale

PREAMBLE

LIVLAB SARL (hereinafter referred to as “LIVLAB”) distributes its various products in the following countries:

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

In the interest of best serving its customers, LIVLAB offers its customers the possibility of purchasing their products over the Internet through an established online sales network.

This sales system, which requires the customer to actively visit the network and make his/her purchase, is intended to be in conformity with the regulations regarding distance selling and, notably, Articles L. 111-1, L. 112-1, and L. 221-1 et seq. of the French Code de la Consommation.

The conditions of this present Agreement are therefore solely intended to apply and consequently bind those customers acting in a non-professional capacity and who are regularly domiciled within one of the aforementioned territories.

Article 1: Scope of the Present Agreement

The present General Terms & Conditions will apply to all HoomBand sales concluded via the Internet site: https://livlab.care (hereinafter referred to as “the website”), with a view to delivering to one of the aforementioned territories.

As such, before placing an order on said website, the customer accepts that he/she has read and understood the terms of the present Agreement. It follows that by validating his/her order, the customer agrees that he/she has unreservedly accepted the present Agreement and accepts to be bound by the Terms & Conditions therein.

Article 2: Our Company

LIVLAB SARL, located at 4 Avenue du Président Wilson 75008 Paris, France, registered to the Paris Company Register under the number 753 502 194 00016.

Article 3: Conditions of Placing an Order

In order to place an order on the aforementioned website, the customer must be of legal age, be regularly domiciled in one of the aforementioned territories, and be the cardholder, as per Article 5 of the present Agreement. Each order is accepted and fulfilled, provided that there is available stock.

As such, the customer is duly informed when the order is placed, either by the Customer Service team or on the website page with the product itself, of:

• The availability of the item; or
• If the item is currently unavailable, the possibility of ordering the item to have it delivered at a later date.

If, despite LIVLAB’s best efforts, the items ordered are not available, LIVLAB will inform the customer by e-mail within a reasonable time frame. If the customer’s account has been debited following the purchase of said unavailable item, LIVLAB undertakes to refund any charges within a timeframe of fifteen (15) days.

The customer undertakes to provide LIVLAB (when liaising with the Customer Service department or when placing the order online) with information that is complete, correct, and up-to-date so as to facilitate the processing of all orders. Failing this, LIVLAB reserves the right to: (i) wholly cancel the order as well as the payment or, (ii) place the order on standby unless and until the customer communicates the required information to LIVLAB in a timely manner.

Article 4: Price

All prices on the website are indicated in Euros (€), American dollars ($), Canadian dollars ($CA), Australian dollars ($AU), pound sterling (£), Japanese yen (¥), or in Korean won (₩) and are inclusive of all applicable taxes, with the exception of orders bound for the US. In the latter case, the applicable state tax will be applied at checkout. Further, all prices are exclusive of the relevant delivery charges, which remain the sole responsibility of the customer, with the exception of temporary or permanent promotional offers.

Any customs charges are payable by the customer.

All prices indicated on the website are final. LIVLAB strives to ensure the accuracy of pricing on the website but accepts that pricing errors may occur. In the event that a product is listed at an incorrect price due to a typographical error, LIVLAB reserves the right to refuse or cancel all orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or the client’s account charged.

All prices are subject to change at any time without notice. The price of a customer’s order will be based on the tariffs in place when the order was initially made.

Article 5: Conditions of Payment

Customers may make payments via the following methods:

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

In the event of payment by debit or credit card, the cardholder’s account will be debited when the order is being prepared.

As such, when placing an order on the website, all customers guarantee that they are the cardholder, that the details on said card are theirs, and that they agree to provide all bank details required to complete the order, including, but not limited to, the card number, the expiration date of the card as well as the Card Verification Value (CVV).

In the event that, for whatever reason (card blockage, insufficient funds…), the cardholder’s account cannot be debited, the sale will immediately be canceled.

In the event of a successful transaction, an invoice will be addressed to the e-mail address which the cardholder provided when placing the order. This invoice will be generated in accordance with the tariffs in place when the order was initially made.

LIVLAB accepts no responsibility for any typographical errors on said invoice.

Article 6: Delivery

In accordance with the French Code de la Consommation, any items ordered via the website will be delivered within the timeframe indicated by LIVLAB at checkout and, in the absence of any such indication, within thirty (30) days following the finalization of the order, as long as the full price has been paid.

The delivery timeframe communicated by LIVLAB is for informative purposes only and is not contractually binding. If, when the customer receives the item ordered, the exterior appears to be damaged, the customer agrees to open the package in the presence of the representative of the delivery company to fully assess its condition. In the event of a damaged article, the customer will immediately inform the Customer Service team by contacting us via our help center at the following address: https://help.livlab.care. Any such request must be made in either French, English, Spanish, German, or Italian.

Article 7: Cancellation of a Recently Registered Order

There is a window period of four (4) hours between the time when your order is accepted on the website and when the relevant information is transferred to the shipping company. Once said information has been sent, canceling your order is no longer possible. As such, any cancellation request must be made within this time frame for a full refund to be immediately processed. All requests must be made via our help center at the following address: https://help.livlab.care. Any request sent after this window period has passed will be refused and any return fees will be payable by the customer.

Article 8: Cooling-Off Period

LIVLAB accepts that some customers will not be entirely satisfied with the items ordered and will wish to exercise their statutory right to return the items. This right is subject to Article L. 221-18 of the French Code de la Consommation.

In accordance with said article, the cooling-off period does not apply to items:

• Personalized orders; or
• Items that have been visibly used by the customer and which cannot be returned for hygiene or health reasons.

While the French Code de la Consommation allows for items to be returned within the fourteen (14) days following delivery, LIVLAB undertakes to extend this right to thirty (30) days for HoomBook and HoomKid and one hundred (100) days for HoomBand, following the delivery of any item purchased via its website.

The customer must, within the thirty (30) or hundred (100) days following delivery of the item, inform the Customer Service team of their intention by contacting us via our help center at the following address: https://help.livlab.care and address the item to the address that will be provided par our support team.

Whenever an order is being returned under this Article, the customer must return the items in good condition in the original casing with all the accessories originally provided (batteries, user guides, etc.) as well as indicate the order number as well as the name under which the order was placed. Any item that is returned without said accessories, or is damaged, dirty, or in general poor condition, will not be refunded or exchanged, and no refund will be processed.

The return fees are payable by the customer, unless he/she adduces proof showing that LIVLAB has delivered a defective item or one that is substantially different from what was ordered. The customer also accepts to provide proof of postage, with a valid tracking number.

LIVLAB undertakes to process the reimbursement of the sums paid for the returned article(s) via the same method by which the item was purchased (i.e. debit/credit card refund, PayPal, Stripe). By virtue of Article L.221-24 of the French Code de la Consommation, any additional fees paid by the customer for a specific shipping option will not be refunded.