GENERAL TERMS OF SALE FOR ONLINE PURCHASES

The terms and conditions herein are agreed between LYVAI limited liability company with a registered capital of 1.000.000 CFP, whose registered headquarters are located at 01 rue des Camélias PK6 à Nouméa (New-Caledonia), registered under corporate registry 1 178 466, also registered in the Directory of Companies and Establishments as: RIDET : 1178466.001 / Code APE : 79.12Z, hereinafter referred to as LYVAI and owner of the www.lyvai.com website. Any physical person or moral entity making a purchase through the LYVAI web site, hereinafter referred to as the BUYER.

Paragraph 1: OBJECT

The terms of sale herein govern the contractual relationship between LYVAI and the BUYER, as well as any purchase made through the LYVAI web site, as well as the general terms and conditions of use of the LYVAI website for any VISITOR browsing the said site.

The acquisition of goods or services through www.lyvai.com web site implies that the BUYER unreservedly accepts the terms of sale herein.

Before any transactions, buyers declare that any purchase made from www.lyvai.com are not directly related to their professional activity and are strictly limited to personal use.
Note that buyers agree to purchase under these terms and conditions.

LYVAI reserves the right to modify the terms of sale herein at any time in order to improve and optimize the customer’s use of the website.
In this case, the applicable terms shall be those in effect on the date of the purchase order by the BUYER.

Paragraph 2: Products

All information, photos and products featured on www.lyvai.com is presented in good faith and is correct at the time of printing. Please note that there are limited seats available.
Lyvai reserves the right to change, delete, or otherwise modify the information which is represented without any prior notice. Persons receiving this information will make their own determination as to its suitability for their own purposes prior to use. Products are available for sale to all international customers.

Paragraph 3: Prices

Online prices are displayed in different currencies such as Pacific Francs, (CFP), Euros (€), Australian Dollars (AUD) and American Dollars (USD). Prices include local taxes (TTC and TGC) and may change due to tax increases.
LYVAI reserve the right to change any prices without notice, however the final price to the customer will be price listed on the day of the order.

Paragraph 4: ORDER and PAYMENT

Before any purchase, buyers have to create an account on www.lyvai.com by pressing the Registration button accessible through the red tab located on top of the page. Each buyer can place an order or view his account and profile after completing the identification form.
Buyers wishing to purchase any LYVAI products have 2 payment options:

Secure Payment is done through Paybox, EPAY NC or Bank Card .
In order to proceed with their order, the buyer chooses the Products he wishes to order by adding them to his CART, whose content can be modified at any time, and proceeds to payment by Paybox or EPAY NC.
The buyer then validates the order after having verified its accuracy, confirms the purchase order by clicking on the Confirm button and makes payment according to the specified terms and conditions.

The buyer is sent directly to a secured PAYBOX or EPAY NC interface in order to complete the bank form with the requested card information. Confirmation by the BUYER signifies signature and acceptance of the concerned transactions.
In the event of a fraudulent act, the buyer can ask for a cancellation of payment and money will be credited or returned.

The buyer will not be held responsible for fraud if he can submit proof of the use of the card without his approval?
To get a refund from a fraudulent use of the card, the buyer has to contact their bank within 70 days following the date of the purchase order to obtain an official credit report. The amount stolen will be refunded by the bank within 1 month after the receipt of the written dispute by the buyer. There will be no expenses for the bank transfer for the buyer from the settlement refunds.

All of the provided information and the registered order constitute proof of the transaction. Confirmation by the BUYER signifies signature and acceptance of the concerned transactions. LYVAI’s collection of data (such as communications, orders and payment) is considered as proof of the transaction between the buyer and their purchase. Faithful copies of purchase orders and invoices will be sent by LYVAI to the buyer on his e-mail address.

If the buyer wishes to contact LYVAI, letters can be written to : – “LYVAI” sis 01 rue des Camélias PK6
or PO BOX: BP 12473 – 98802 Nouméa Cedex, via e-mail to : tour@lyvai.nc and by phone at : +(687) 72.17.69.

Our bank account:

Bank : B.C.I. (Banque Calédonienne d’Investissement)
Adresse of Bank : Victoire – NOUVELLE CALEDONIE.
Firm : LYVAI TOUR SARL.
Establishment Code : 17499
Code Box : 00010
Account number : 27352802013
Clé RIB (Bank account details) : 79
BIC (Bank Identifier Code) : BCADNCNN

Upon the receipt of the bank transfer, the order will be processed and the buyer will receive a confirmation by mail.
LYVAI will validate the product within 3 working days from the purchase, subject to provisions.

Paragraph 5: Ownership

LYVAI retains full ownership of their products sold online ranging from prices, expenses including taxes.

Paragraph 6 : Withdrawal

Under rule L121-20 of the consumer’s law, customers have the right to cancel and return their order within 14 days, for an exchange or a refund without penalty, except for the cost of returning the goods.

Paragraph 7: Cancellation

All requests for cancellations have to be mailed to LYVAI at resa@lyvai.nc, customers will receive a cancellation mail as confirmation.

The following fees will be charged according to the cancellation date:

More than 30 days before arrival: no fee.
From 30 to 15 days before arrival: 10% of the total amount of the file.
From 15 to 7 days before arrival: 30% of the total amount of the file.
From 7 to 3 days before arrival: 50% of the total amount of the file.
Less than 3 days before arrival: 100% of the total amount of the file.

Paragraph 8 : Liability

All products sold by LYVAI are subject to regulation 1641 of the French civil code. Any defective products sold by LYVAI, can be returned, exchanged or refunded. Customers can do so by e-mailing us at resa@lyvai.nc within 30 days after the sale.

Paragraph 9 : Responsibility

During sales online, LYVAI will not be responsible for damages caused by the loss of Network, virus or loss of data or any under involuntary problems.
Under regulation L211-16, LYVAI cannot be held responsible for damages caused by traveler’s negligence or a third party, bad weather circumstances, strikes, social events and stopover cancellation.

Paragraph 10 : Intellectual property

All elements of www.lyvai.com are exclusive property of “LYVAI”.
Any use in any form or Reproduction for any purpose whatsoever, even partially, of elements from the site whether in the form of photo, logo, visual or text is not allowed.

Paragraph 11 : Personal data

LYVAI vows to protect any confidential and personal data provided by customers during their purchase online, clients have the right to have access to this data, modify or delete their information by e-mailing to info@lyvai.nc.
All information concerning customers are subject to Data Protecting regulation No. 78-17 of 6 January 1978.

Paragraph 12 : Legal disputes

Conditions apply for Bookings online and are subject to French laws.
For any legal claims (Disputes) and actions, matters will be handled and processed by Nouméa’s courthouse in New Caledonia.