Article 1 - Scope of Application
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") govern all contractual relationships between Elixirati Boutique, registered in the Quebec Enterprise Register under number NEQ 2279502662, with its head office located at 31 Avenue Pointe Aux Trembles, and any user (hereinafter referred to as the "Customer") placing an order on the website www.elixirati.com.
These GTC apply to all transactions carried out via the website, whether for consultation, reservation, ordering, or purchasing products offered by Elixirati Boutique. By placing an order on the website, the Customer acknowledges having read these GTC and accepts them without reservation.
Article 2 - Prices and Taxes
Prices for products offered by Elixirati Boutique are displayed in Euros (€), Canadian Dollars (CAD), and US Dollars (USD), all taxes included (ATI). These prices are determined based on market fluctuations and may be modified at any time without prior notice.
Local taxes and customs duties related to delivery are not included in the displayed price and remain the responsibility of the Customer. For deliveries to Guadeloupe, French Guiana, Martinique, and Réunion, an "octroi de mer" tax may apply. This tax, calculated and applied by local authorities, is not controlled by Elixirati Boutique. We encourage affected customers to inquire with the relevant authorities before finalizing their order.
By placing an order, the Customer acknowledges having read these provisions and accepts the applicable pricing conditions.
Article 3 - Order
The ordering process on www.elixirati.com takes place in several distinct steps, each progressively committing the Customer to the formation of the sales contract. After selecting the desired products and clicking the "Order" button, the Customer is redirected to the delivery selection page, where they can verify and modify their information. Before finalizing the order, it is imperative for the Customer to read and accept these General Terms and Conditions of Sale (GTC) by checking the box provided for this purpose. The final validation of the order occurs when the Customer clicks the "PAY" button, at which point the sales contract is formed in accordance with the provisions of the Civil Code, and the Customer is redirected to an order confirmation page.
An acknowledgment of receipt email is immediately sent to the Customer to confirm the order. Only the products mentioned in this confirmation email are included in the contract. In case of temporary unavailability of one or more products (out of stock), the Customer will be informed and may choose to modify their order or cancel it for a refund. If a product ordered is definitively unavailable, Elixirati Boutique will automatically refund the Customer.
By placing an order, the Customer certifies that all provided information is accurate and that they are authorized to use the selected payment method for the purchase.
Article 4 - Payment
The order amount is due immediately upon order validation. Elixirati Boutique accepts payments by Visa or Mastercard credit cards through secure platforms Stripe, PayAfter, Google Pay (and Klarna for customers located in Canada). For specific services in the Sensual space, payments are made exclusively by bank transfer.
Article 5 - Delivery
We inform our customers that our delivery services cover the following areas:
Europe:
- Albania, Germany, Belgium, Bulgaria, Croatia, Denmark, Finland, France, Greece, Hungary, Ireland, Italy, Lithuania, Luxembourg, Malta, Monaco, Portugal, Romania
Americas:
- Argentina, Bolivia, Canada, Colombia, United States, Dominican Republic, Venezuela
French West Indies:
- Guadeloupe, Martinique, French Guiana, Réunion
Rest of the World:
- Australia, Cape Verde, Ivory Coast, Egypt, Hong Kong, Israel, Japan, Mali, Morocco, Moldova, Norway, Oman, Panama, United Kingdom, Serbia, Singapore, Tunisia
Delivery times vary depending on the destination and logistical constraints specific to each country. Delivery fees are calculated based on the weight, volume, and destination of the ordered products. Elixirati Boutique undertakes to deliver products within the indicated timeframes at the time of order validation, subject to any delays beyond its control (strikes, weather conditions, etc.). In case of abnormal delay, the Customer will be informed by email.
Packages are shipped from Monday to Friday, excluding weekends and public holidays. The delivery time does not include the order preparation time, which averages 24 hours. The delivery time is indicative only, and our liability cannot be engaged in case of stock shortage with a supplier or delivery delay, for any reason whatsoever.
The website www.elixirati.com undertakes to respect as much as possible the shipping date provided for information on the product page(s). For orders with multiple items, the longest delivery time applies.
If the Customer is absent when the package is delivered, it will be left at a pickup point available to the Customer for fifteen days at the address indicated in the tracking information. After this period, the package will be returned to us.
It is important for our customers to note that some countries may have specific regulations regarding the importation of certain products. We therefore encourage our customers to inquire about the laws in force in their country regarding the authorization to receive these products before placing their order. We disclaim all responsibility in case of non-compliance with these regulations by our customers.
In accordance with these GTC, free delivery will be granted from a minimum purchase amount of 69 euros for deliveries in Europe (excluding French overseas territories). Shipments will be handled by DPD Europe. For shipments to the rest of the world, delivery fees will be 299 dollars and managed by DHL and UPS Express.
The Customer must ensure the accuracy of the delivery information provided (name, surname, address, phone number). If this information does not allow the carrier to deliver, or if a package left at a pickup point is not claimed, the package will be returned to us and delivery fees will not be refunded.
All our deliveries are made in discreet packaging with no visible mention of the website www.elixirati.com. Products are delivered to the address provided by the Customer during their order.
We remind customers that Elixirati is not responsible for customs duties, import taxes, or other similar fees for deliveries to the French West Indies, Canada, the United States, and the rest of the world.
Article 6 - Customer Service
For any questions regarding product compliance or usage, or for precise order tracking, our customer service is available at the following email address: contact@elixirati.com or via WhatsApp at +1 438 519-2411.
Our team is at your disposal for any necessary assistance. We are committed to responding as quickly as possible to ensure your satisfaction.
Article 7 - Satisfied or Refunded
In accordance with consumer protection legislation and Article 54 of the Canadian Consumer Protection Act, the Customer has a 7-day period from the date of receipt to request an exchange or refund of their order. Return shipping costs will be at the Customer's expense, unless they can justify a valid reason.
Product defects: In case of a defect in the product, our company covers the return shipping costs, offering the Customer the choice between a full refund or product exchange, according to their preferences. We request that a photograph or video of the defective product be sent to our customer service within 24 hours of receiving the order to facilitate processing of the request.
Original packaging: For any return, it is imperative to keep the original packaging and clearly display the INT code.
Any claim regarding a missing or damaged item in the package must be made by email within 24 hours of receiving the package. No claims made after this period will be accepted. Returns are processed within a maximum of one month from receipt of the package in our warehouses.
For obvious hygiene reasons, no returns will be accepted for lingerie items, including underwear, swimwear, tights, and stockings. We are committed to providing high-quality lingerie products that conform to the description and images presented on our website. If the Customer encounters a quality issue, non-conformity, manufacturing defect, or if the product does not match the description, they are requested to contact us within 24 hours of receiving their order for an exchange or refund. In accordance with our return policy, the Customer should note that this specific policy does not apply to issues related to fit, size, or personal preferences. The Customer is advised to consider this information before initiating a return procedure.
The contractual warranties do not cover: Replacement of consumables (batteries, bulbs, fuses, antennas, headphones, wear of reading or recording heads, etc.). Abnormal or non-compliant use of products. Failures related to accessories (power cables, etc.). Defects and their consequences resulting from the intervention of a non-authorized repairer. Defects and their consequences resulting from use not in accordance with the product's intended purpose (professional, collective use, etc.). Defects and their consequences resulting from any external cause
For any product return request and for detailed information on the procedure, the Customer is invited to contact our customer service by email at contact@elixirati.com or via WhatsApp at +1 438 519-2411. Our team remains at your disposal to answer all your questions and assist you throughout this process.
Article 8 - Warranties
8.1 Commercial Warranty
Products sold are covered by a commercial warranty ensuring their conformity and providing for reimbursement of the purchase price, replacement, or repair of goods. This warranty does not cover defects caused by abnormal or faulty use or resulting from an external cause unrelated to the intrinsic qualities of the products.
8.2 Legal Warranty
All products offered on the website www.elixirati.com are subject to legal warranties of conformity and hidden defects. To implement one of these warranties, the customer must contact the website at the following email address: contact@elixirati.com.
It is recalled that under the legal warranty of conformity, the consumer has a two-year period from the delivery of the goods to take action against the seller and may choose between repair or replacement of the goods, subject to cost conditions.
Article 9 - Liability
Products offered on the website elixirati.com comply with Canadian and European legislation in force and applicable standards in Canada and Europe. All our products meet NF or CE standards. The Customer will find instructions for use with most delivered products. We cannot be held responsible for misuse of products sold on the website, particularly use for a purpose other than that intended by the manufacturer, or failure to comply with product storage and safety instructions.
We remind our customers that our products are not intended for medical use. They are neither designed nor marketed for the purpose of diagnosing, treating, curing, or preventing any disease or medical condition. These products are intended for general and recreational use.
If you have specific medical concerns, please consult a qualified healthcare professional before using our products. We encourage our customers to make informed decisions about their health and to use our products responsibly. The Elixirati team remains at your disposal to answer any additional questions and provide necessary information. We are committed to ensuring the safety and satisfaction of our customers.
Photographs, texts, graphics, information, and characteristics reproduced and illustrating the products presented are not contractual. Consequently, our liability cannot be engaged in case of error or omission in any of these photographs, texts, graphics, information, or product characteristics, or in case of modification of product characteristics by manufacturers. For any questions about the products or our offer, please contact our Customer Service. Elixirati Boutique cannot be held responsible for the non-performance of the contract in case of stock shortage or product unavailability, disruption, total or partial strike, particularly of postal services, transportation or communication means, flood, fire, and any other case of force majeure.
We cannot be held responsible for any loss or damage caused by a denial-of-service attack, virus, or other harmful technological material that may infect your computer equipment, software, data, or other materials, resulting from the use of this website or the download of any content accessible on this website or a linked site.
We remind customers that services in the Sensual space are not intended to replace medical consultation and in no way compensate for conventional medical care.
Article 10 - Mediation
In case of a dispute relating to the execution or interpretation of these GTC, and with the aim of seeking an amicable solution, the Customer has the option to use mediation via the Canadian platform dedicated to consumer protection.
The Customer may thus file a mediation request by visiting the official website of the Office de la protection du consommateur (OPC) of Quebec, accessible at: https://www.opc.gouv.qc.ca/consommateur/probleme-commercant/etapes/.
This public platform allows consumers to benefit from a free, quick, and neutral procedure facilitating the resolution of disputes with businesses. The Customer will also find useful information about their rights and steps to follow in case of a dispute, particularly via the website https://educaloi.qc.ca/capsules/loffice-de-la-protection-du-consommateur/.
For more detailed information, the Customer is invited to visit the consumer protection website: https://educaloi.qc.ca/categories/protection-du-consommateur/.
Our boutique Elixirati undertakes to cooperate in good faith with the mediator designated by the OPC, in accordance with principles of independence and impartiality. However, mediation remains optional for the parties, who retain the freedom to accept or refuse the proposed solution.
In case of mediation failure or refusal by one of the parties to participate, the Customer has access to the usual legal remedies, including referral to competent courts.
We encourage the Customer to prioritize mediation as an alternative dispute resolution method, in a spirit of conciliation and mutual respect.
Article 11 - Personal Data
All personal data concerning our customers that we collect is processed with the strictest confidentiality. When making purchases, only the information necessary to ensure proper order processing will be requested. We do not sell, market, or rent this information to third parties. However, we may exceptionally decide to share certain information for the direct and related needs of executing sales contracts we conclude with you.
In accordance with Article 34 of the French Data Protection Act of January 6, 1978 (CNIL) and the Personal Information Protection and Electronic Documents Act (PIPEDA), the Customer has the right to object, correct, or delete data concerning them. They may exercise this right by contacting us by email (providing their name, surname, postal address, and email).
We use cookies to record certain information stored in the memory of your hard drive. Under no circumstances do cookies contain confidential information such as your name or credit card number, but they allow us to remember items you selected during previous visits and the pages you browsed. The Customer acknowledges being informed of this practice and expressly authorizes Elixirati to use it. The Customer may disable this cookie through the settings in their browser software.
Article 12 - Dispute
This contract is governed by Canadian law. Any dispute resolution may be handled by our Customer Service or, failing an amicable settlement, will fall under the jurisdiction of Canadian courts.
Article 13 - Protection of Minors
Any person consulting the website www.elixirati.com declares to be an informed and adult audience over 18 years old. The website www.elixirati.com cannot be held responsible if a minor individual has confirmed their information (date of birth) and in any case provided false information to purchase products intended for adults by altering their birth date.
Article 14 - Intellectual Property
All texts, comments, works, illustrations, images, logos, videos, databases, and any other content produced on the website www.elixirati.com are protected by copyright and intellectual property rights, in accordance with the provisions of the French Intellectual Property Code and applicable international conventions.
As such, only private use is authorized, subject to more restrictive provisions provided by law. Any other use, particularly for commercial, advertising, or reproduction purposes, is strictly prohibited without the prior written authorization of Elixirati Boutique.
Any total or partial reproduction of the website www.elixirati.com, its content, or its elements (texts, images, logos, etc.), in any form whatsoever, is strictly prohibited without the express agreement of Elixirati Boutique.
Any plagiarism or unauthorized use of protected content constitutes counterfeiting and will be sanctioned in accordance with the provisions of the Intellectual Property Code, potentially leading to legal proceedings and damages.
For any request for authorization of use, the Customer or any interested third party is invited to contact Elixirati Boutique by email or via the contact form available on the website.