Article 1 Scope

These general terms and conditions of sale apply to all orders placed on the website www.elixirati.com, owned by Boutique Elixirati, headquartered at: 31 Av - Pointe Aux Trembles, registered in the Quebec business registry under the number NEQ 2279502662.

Article 2 Prices

Elixirati wishes to inform its customers that the prices of our products are displayed in Euros, Canadian Dollars (CAD), and US Dollars (all taxes included).

Please note that local taxes and customs duties for deliveries to Canada, the United States, and the rest of the world are not covered by Boutique Elixirati.

For the regions of Guadeloupe, Guyane, Martinique, and Réunion, a tax called “octroie de mer,” which www.elixirati.com is not responsible for, may be applicable. We recommend that customers check local customs regulations before placing an order.

Boutique Elixirati remains available to its customers for any additional information and is committed to providing a transparent and quality service.

Article 3 Order

After clicking the “Order” button, the customer is redirected to the delivery choice, then can review and modify this information. Before choosing the payment method by clicking “PAY,” the customer must read and accept the general terms and conditions of sale by checking the corresponding box. The contract is formed in accordance with civil laws when the order is confirmed, and the customer returns to the order confirmation page.

The customer receives an email acknowledging receipt of their order. Only the products listed in the confirmation email sent at the time of shipment will be included in the contract. Additionally, some products may be unavailable after the order. If products are temporarily unavailable (out of stock), the customer will be informed by email and invited to modify or cancel their order.

If all products in the order are permanently unavailable, we will proceed with a refund of the order. By ordering, you confirm that all information you provide is accurate, that you are authorized to use the credit or debit card used to place the order, and that you have sufficient funds to cover the price of the ordered goods.

Article 4 Payment

The price of the order is payable immediately at the date of the order. We accept payments by Visa or Mastercard credit card, Stripe. For services related to the Sensual space, payments will be made by bank transfer.

Article 5 Delivery

As part of our General Terms and Conditions of Sale, we wish to inform our customers of the countries where we ensure the delivery of our products:

Europe:

Albania, Germany, Belgium, Bulgaria, Croatia, Denmark, Finland, France, Greece, Hungary, Ireland, Italy, Lithuania, Luxembourg, Malta, Monaco, Portugal, Romania

America:

Argentina, Bolivia, Canada, Colombia, United States, Dominican Republic, Venezuela

French Antilles:

Guadeloupe, Martinique, Guyane, Réunion

Rest of the World:

Australia, Cape Verde, Ivory Coast, Egypt, Hong Kong, Japan, Mali, Morocco, Moldova, Norway, Panama, Serbia, Singapore, Tunisia

It is important for our customers to note that countries may have specific regulations regarding the importation of certain products. We therefore encourage our customers to check the laws and regulations in their country regarding the reception of these products before placing their order.

We disclaim any responsibility for non-compliance with these regulations by our customers.

In accordance with the provisions of these General Terms and Conditions of Sale, it is expressly agreed that free delivery will be granted for a minimum purchase amount of 89 euros. Shipments will be made by DHL Express transport.

The customer must ensure the accuracy of the delivery information (name, first name, address, phone number). If this information does not allow the carrier to ensure delivery, or if a parcel available at a pickup point is not collected, the parcel will be returned to us and the delivery costs cannot be refunded. All our deliveries are made in a sealed package with no mention of the site www.elixirati.com. Products are delivered to the address provided by the customer during the order. Delivery costs will be indicated to the customer before payment. The Elixirati site is not responsible for customs taxes, import duties, or other similar charges for deliveries in the French Antilles, Canada, the United States, and the rest of the world. Packages are shipped Monday to Friday inclusive, excluding weekends and public holidays. The delivery time does not include the order preparation time, which is on average 24 hours. The delivery time does not constitute an exact deadline, and our responsibility cannot be engaged in case of stock shortages with a supplier or delivery delay. In particular, in case of delay by the carrier, for any reason whatsoever, our responsibility cannot be engaged. The customer has the duty to check the condition of the packaging and the conformity of the products received following their order.

The site www.elixirati.com is committed to respecting the shipping date provided as an indication on the product sheet. When ordering multiple items, the delivery time to consider is the longest. When the package is delivered to the customer's home, in case of their absence, the package will be deposited at a pickup point available to the customer for a period of fifteen days at the address indicated in the tracking information. After this period, the package will be returned to us.

Article 6 Customer Service

For accurate tracking of your order, our customer service is available at the following email address: contact@elixirati.com or at +1 438 519-2411 via WhatsApp at +1 438 519-2411.

Article 7 Satisfaction Guaranteed or Money Back

In accordance with the legislation in force under French law article L221-18 of the Consumer Code, the customer has a period of 15 days and according to article 54 of the Canadian Consumer Protection Law, the customer has a period of 7 days (from the date of receipt of the package) to request an exchange or refund of their order. Return shipping costs will be the customer’s responsibility, unless they can justify a valid reason.

If a defect is found on the product, our company will cover the return shipping costs, offering the customer the choice between a full refund or a product exchange, according to their preferences.

It is important for the customer to expressly note that, as part of their complaint, it is imperative to keep the original packaging clearly mentioning the INT code. Additionally, we request that they send a photograph or video of the defective product to our customer service within 24 hours of receiving their order, to facilitate the processing of their request.

In case of defective products, any complaint regarding a missing or damaged product in the package must be made by email within 24 hours of receiving the package. No complaints made after this period will be accepted. Returns are processed within a maximum of one month from the receipt of the package in our warehouses.

Due to obvious hygiene imperatives, no returns will be accepted for lingerie items, including underwear, swimsuits, tights, and stockings. We are committed to providing high-quality lingerie products, conforming to the description and images presented on our site. However, if the customer encounters a quality problem, non-compliance, manufacturing defect, or if the product does not match the description, they are requested to contact us within 24 hours of receiving their order to arrange for an exchange or refund.

According to our return policy, the customer should note that this specific policy does not apply to issues related to fit, size, or personal preferences. These are not eligible for return or refund, except in the case of a major defect or non-compliance with the initial specifications. The customer is asked to consider this information before initiating a return procedure.

These provisions are an integral part of our General Terms and Conditions of Sale (GTC). We strongly encourage the customer to review our full GTC available on our website for a comprehensive understanding of our commercial policies.

We want to assure the customer of our dedication to their satisfaction and the trust they place in our products and services. For any product return requests and detailed information on the procedure, the customer is invited to contact our Customer Service.

As part of our return policy, several communication channels are available to facilitate the process. You are invited to contact us via WhatsApp, telephone, email, or postal mail to express your intention to return a product and obtain details on the procedure to follow. Our Customer Service remains at your full disposal to answer all your questions and assist you throughout this process.

Contractual guarantees do not cover: replacement of consumables (batteries, bulbs, fuses, antennas, portable player headphones, microphones, wear of playback or recording heads, etc.), abnormal or non-compliant use of products. We invite you in this regard to carefully read the user manual provided with the products, faults related to accessories (power cables, etc.), defects and their consequences due to intervention by an unauthorized repairer, defects and their consequences related to use not in accordance with the purpose for which the product is intended (professional, collective use, etc.), defects and their consequences related to any external cause.

Services in the Sensual space of the site www.elixirati.com are non-refundable.

Article 8 Warranties

8.1 Commercial Warranty

The products sold are covered by a commercial warranty aimed at ensuring their conformity and providing for the refund of the purchase price, replacement, or repair of the goods. It does not cover defects caused by abnormal or improper use or resulting from causes external to the intrinsic qualities of the products.

8.2 Legal Warranty

All products offered by the site www.elixirati.com are subject to the application of legal warranties for conformity and hidden defects. To implement any of the warranties, the customer must contact the site www.elixirati.com by email at: contact@elixirati.com.

It is reminded that under the legal warranty of conformity, the consumer benefits from a period of two years from the delivery of the goods to act against the seller, and may choose between repair or replacement of the goods, subject to the conditions of cost provided.

Article 9 Liability

The products offered on the site elixirati.com comply with current Canadian and European legislation and the applicable standards in Canada and Europe. All our products meet NF or CE standards. The customer will find a user manual with most of the delivered products. We cannot be held responsible for the improper use of products sold on the site, particularly use for purposes other than those intended by the manufacturer of the product, or failure to follow the product’s storage and safety instructions.

We wish to 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 available to answer any additional questions and provide the necessary information. We are committed to ensuring the safety and satisfaction of our customers.

The photographs, texts, graphics, information, and characteristics reproducing 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 characteristics of the products or in case of modification of the characteristics of the products by the manufacturers. For any questions about the products or our offer, please contact our Customer Service. La Boutique Elixirati cannot be held responsible for the non-fulfillment of the contract in case of stock rupture or product unavailability, disruption, total or partial strike, particularly of postal services, transportation means, or communication services, flooding, 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, computer programs, data, or other materials, and that is due to the use of this website or the download of any element accessible on this website or on a linked site.

We remind you that the services of the Sensual space are not intended to replace medical consultation and do not compensate for conventional medical care.

Article 10 Mediation

The Canadian platform: https://educaloi.qc.ca/capsules/loffice-de-la-protection-du-consommateur/ is open to the public. Any consumer who encounters a dispute with a company has the option to submit a mediation request through this platform: https://www.opc.gouv.qc.ca/consommateur/probleme-commercant/etapes/. You can also consult the consumer protection website: https://educaloi.qc.ca/categories/protection-du-consommateur/

Article 11 Personal Data

All personal data concerning our customers that we have collected is treated with the strictest confidentiality. During purchases, only the essential information needed to ensure the proper processing of the order will be requested. We do not sell, market, or rent this information to third parties. However, we may exceptionally decide to communicate certain information for the direct and related needs of executing the sales contracts we enter into 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, rectify, or delete the data concerning them. They can exercise this right by contacting us via email (providing their name, surname, postal address, and email).

We use cookies to store certain information on the hard drive of your computer. Under no circumstances do cookies contain confidential information such as your name or credit card number, but they allow you to keep track of the items you selected during previous visits, and the pages you have navigated. The customer acknowledges being informed of this practice and expressly authorizes Elixirati to use it. The customer can deactivate this cookie through the settings in their browser software.

Article 12 Dispute

This contract is governed by Canadian law. Any dispute resolution can be done through our Customer Service, or if an amicable resolution fails, it will be under the jurisdiction of a Canadian court.

Article 13 Protection of Minors

Anyone consulting the site www.elixirati.com declares being an informed and adult audience over 18 years old. The site www.elixirati.com cannot be held responsible if a minor individual confirms their information (date of birth) and, in any case, provides false information to purchase products intended for adults by changing their birth date.

Article 14 Intellectual Property

All texts, comments, works, illustrations, and images reproduced on the site www.elixirati.com are reserved under copyright law as well as intellectual property law worldwide. As such, and in accordance with the provisions of the Intellectual Property Code, only private use is permitted, subject to different, even more restrictive, provisions of the Intellectual Property Code. Any other use constitutes infringement and is sanctioned under intellectual property law unless prior authorization from the company Boutique Elixirati is obtained. Any total or partial reproduction of the site www.elixirati.com is strictly prohibited.