1. Scope and Agreement on the Terms and Conditions of Sale

In addition to the General Conditions of Use of the Website and the Privacy Policy, the purchase of products offered for sale on the Leauphant.com website (“Website”) is subject to these legally binding General Terms and Conditions of Sale and, where applicable, to the Specific Terms and Conditions of Sale (collectively, "Terms and Conditions of Sale"). 

All of these documents are available in the “Legal” section of the footer of the Website.

Your purchase and order of products on this Website constitutes your agreement with L'EAUPHANT/HTC VE LVN TEKSTIL MOBILYA AYAKKABI SANAYI TICARET LIMITED SIRKETI, Inc. (“L'EAUPHANT”) to comply with and be bound by the Terms and Conditions of Sale.   

The Website is intended for customers looking to purchase products for personal use.  Purchasing products on the Website intended for commercial resale is strictly prohibited. When you purchase a product on the Website, you represent and warrant that you are purchasing the product for personal and not commercial purposes and that you do not intend to resell, directly or indirectly, L'eauphant products for commercial purposes. 

L'EAUPHANT may update these Terms and Conditions of Sale at any time without prior notice by posting them on this Website. 

For each order you place on the Website, your acceptance of the Terms and Conditions of Sale in force as of the date of your order is required. The Terms and Conditions of Sale in effect at the time of your order will govern that transaction.

2. Customer Account – Placing an Order

2.1 Customer Account

You are required to create an account or log in to your existing account in order to place your order on the Website.

Your username and password are for your personal use only. You are responsible for maintaining the confidentiality of your username and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

In no event shall L'EAUPHANT be liable for any loss, theft or fraudulent use of your account. In such a case, you should inform L'EAUPHANT immediately.

Creating an account allows you to:

• track your deliveries and view your orders history;
• return or exchange products;
• add or change your shipping and billing addresses for future orders;
• manage your subscriptions to the newsletter

2.2 Placing an Order

You may place your order via the Website: www.leauphant.com

For each product selected on the Website, a summary page will be displayed featuring a photograph of the item, its coloring and references, the quantity selected, its unit price and the total amount owed for your order.

You should check that this information accurately reflects your selection before confirming your order.

Upon confirmation, your order will be submitted to L'EAUPHANT for processing (see "Order Confirmation"). While every effort is taken to try to ensure that the coloring, design and style of the L'EAUPHANT products in the photographs displayed on the Website are representative of the original products, variations may occur due to technical restrictions of color reproduction on your computer or mobile device.  L'EAUPHANT reserves the right to reject or to cancel your order in its sole discretion for any reason without liability if, among other things, the products are not available, are incorrectly priced or are otherwise incorrectly described. Accordingly,  L'EAUPHANT shall not be liable for any error or inaccuracy in the photographs or graphical representations of L'EAUPHANT products displayed on the Website. If you have any questions about the products, you may contact Customer Service by clicking on the hyperlink labeled "Contact Us" of the footer of the Website.

Personalization refers to the possibility for the customer to adapt or personalize certain products from the L'EAUPHANT collections (hereinafter the "Personalization" or the "Personalized Product"). The General Terms and Conditions of Sale will apply to any purchase of personalized product. Only one (1) Personalized Product may be purchased per order. No other product may be added to an order with Personalized Product unless otherwise required. Please note that for customized scarves, embroidery is done by hand and stitching may be irregular.

L'EAUPHANT reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or if  L'EAUPHANT has reasonable cause to suspect that such customer has violated these Terms and Conditions of Sale, or is engaged in any fraudulent activity or for any other legitimate business reason.

For any exceptional order, please contact Customer Service by clicking on the hyperlink labeled "Contact Us" of the footer of the Website.

3. Products Availability
3.1 Services related to pre-orders

Pre-orders allow customers to reserve certain Products advertised on the Website before their release date.

3.2 Purchase - Availability

Products offered for sale and displayed on the Website are subject to availability. In order to improve our quality service and ensure greater availability of our Products for all customers, L'EAUPHANT reserves the right to limit the number of Products which can be purchased per customer. L'EAUPHANT shall not be liable in case of stock outage or unavailability of products. 

L'EAUPHANT reserves the right to change the products offered for sale on the Website at any time and without notice.

Details about the availability of products are provided when you place your order. At times, errors may exist, especially in case of simultaneous orders of the same product by several customers. The availability date of the pre-ordered or Personalized Product will be explicitly indicated on the Product form. If the availability date changes, you will be notified immediately by email and/or on your client account. In case a product is not available after you have placed your order, we will inform you by email or by telephone as soon as possible. You will be invited to choose another available product on the Website as substitution for the unavailable product or to cancel your order. If your order is canceled by L'EAUPHANT, you will be refunded to your original payment method.

Customized and Personalized Products are final sale and cannot be cancelled once the order is placed.

4. Order Confirmation

After you click on the "Order and Pay" button, your order will be confirmed and submitted for processing. To confirm a pre-ordered Product or any other Product requiring a longer handling time, you must also allow L'EAUPHANT to retain your bank details until the product is dispatched and for a maximum duration of 2 months for the purpose of debiting once your order has been dispatched. Once submitted for processing you may not make any changes to or cancel the order, except as expressly provided in these Terms and Conditions of Sale or applicable law. To confirm a pre ordered or Personalized Product, your payment will be debited at the time the order is placed. Orders for Personalized Product cannot be modified or canceled.

The confirmation of your order means your acceptance of the Terms and Conditions of Sale.

You will receive an order summary by e-mail.

L'EAUPHANT reserves the right not to accept or to cancel your order if the products are not available, are incorrectly priced or are otherwise incorrectly described.

5. Price Payment

All prices of L'EAUPHANT products are indicated in the currency applicable to your location, excluding taxes and shipping costs (see "Shipping and Delivery").

L'EAUPHANT reserves the right to modify the prices of products offered on the Website at any time without prior notice. You will be charged the prices displayed on the Website at the time your order was confirmed provided the product ordered is available.  L'EAUPHANT reserves the right to reject or to cancel your order if the products are not available, are incorrectly priced or are otherwise incorrectly described.

Payment is due immediately upon confirmation of your order. Store credits and/or gift certificates issued by  L'EAUPHANT boutiques are not accepted for payment on the Website.

Your order will only be shipped once we have verified your payment method and received authorization to process your payment.

The services “3D Secure” and “American Express SafeKey" are implemented on the Website. These services protect credit and debit cards from unauthorized use when shopping on the Website. To use these services, you must register for 3D Secure or American Express SafeKey with the financial institution that issued your card. Once you have registered for 3D Secure or American Express SafeKey, you will be automatically prompted to provide your private password during the checkout process on the Website.

6. Shipping and Delivery - Delivery 

Products will be shipped to the delivery address(es) specified during the ordering process provided such address(es) is(are) located within the Delivery Zone. Any delivery address located outside of the Delivery Zone will be refused during the ordering process.

Products purchased via the Website may only be delivered to a physical street address within the Delivery Zone. 

L'EAUPHANT will not process any order for which a post office box, APO/FPO/DPO, parcel pick up, or parcel forwarding address is provided. 

L'eauphant assumes no liability for shipment failures resulting from recipient errors (incorrect/incomplete address, refusal of delivery, or information deficits rendering delivery impossible).

In the event of a failed delivery attempt or the necessity for re-shipment, all resulting logistical and operational costs are borne by the recipient.

7. Shipping and Delivery - Shipping costs

Global shipments are executed in accordance with DAP (Delivered at Place) terms. Consequently, all import duties, taxes, and customs brokerage fees are the sole responsibility of the recipient.

L'eauphant assumes no liability for delays, costs, or regulatory actions imposed by customs authorities.

Exceeding estimated delivery periods does not entitle the customer to order cancellation, price reduction, or claim for damages. The customer is further informed that specific timelines may apply to special instances, such as products marketed on “pre-order.” However, in the event of non-delivery within 30 days beyond the maximum estimated timeframe, the customer reserves the right to terminate the said order at no cost, resulting in a full reimbursement of the sums paid. L’EAUPHANT reserves the option, where feasible and with capacity, to propose a Product of equivalent quality and price in lieu of a refund. L’EAUPHANT also retains the right to dispatch orders reaching a certain volume in multiple deliveries or separate packages.

The customer is mandated to verify the compliance and condition of the Products at the exact time of delivery, prior to signing the carrier’s delivery note. Any defect or anomaly concerning the delivery (e.g., damaged Product, open parcel) must be explicitly indicated on this delivery note in the form of handwritten reservations accompanied by a signature. This verification is deemed conclusive and achieved as soon as the customer, or a designated recipient, has signed the delivery note without reservation. No claims regarding the physical condition of the parcel(s) will be admissible thereafter.

8. Delivery Time - Time required for delivery and collection

When you place your order, we will inform you of the estimated time for delivery and the various methods of delivery available for the product purchased.

If your order is not able to ship immediately, Customer Service will contact you to provide more details and an estimated shipping date.

Some tableware, furniture, lighting, fine jewelry and other customized, Personalized, and pre-ordered products are subject to extended delivery times and/or shipping delays. All Personalized Product ship exclusively via Ground service.

Signature is required for all orders.

9. Delivery Time - Problems of delivery

Any failure to deliver or late delivery exceeding ten (10) business days should be reported to Customer Service as soon as possible. In order for your claim to be accepted, please notify us within thirty (30) business days from the date of confirmation of your order.

You should check that your shipment is correct on delivery. If there are any discrepancies in your order when the products are delivered to you, you should note the nature of the potential discrepancy (e.g., open package, damaged product, etc.) by hand, if possible, on the delivery notice, and sign.

If the products do not conform to your order or you are not satisfied with them, you may return them and request a refund according to the terms and conditions contained in the section entitled "Returns - Exchanges - Refunds".  See also Specific Terms and Conditions of Sale as applicable to your order. 

10. Transfer of property

L'eauphant is responsible for the customer’s purchased property while the property is in transit from our distribution center to the address provided by the customer during the order process and while the property is stored at an L'eauphant boutique awaiting collection in-store. Upon confirmation of delivery to customer, customer’s collection in-store, or authorized third party collection in-store, the customer becomes responsible for the property and assumes all risks, including but not limited to loss, theft, damage or deterioration.

11. Returns - Exchanges – Refunds
11.1. To Leauphant.com:

11.1.1 Principles and procedure of return

You may return any product ordered on the Website for exchange or refund within fourteen (14) calendar days from the delivery date subject the terms and limitations set out below (see articles 11.1.1 to 11.1.4).

Returned products must be in their pristine, original condition, with all labels, tags (including the L'EAUPHANT tag), and packaging intact, attached, and free of any alteration. The product must be returned with all original packaging components (including the brand box and outer delivery box) and the purchase invoice. L'EAUPHANT reserves sole discretion in determining whether the returned products meet these standards.

Return requests must be initiated via customercare@leauphant.com. The necessary documentation for the return is enclosed within the envelope provided in your original packaging. Returns dispatched without prior notification or authorization will not be accepted.

Return shipping costs, insurance, and any associated fees are the sole responsibility of the customer. L'EAUPHANT does not offer complimentary return shipping.

The customer is strongly advised to insure the package for the full retail value of the item. L'EAUPHANT assumes no liability if the returned item is lost, misdirected, damaged, or delivered late; all risks associated with the return shipment are borne by the Customer.

11.1.2. Exchanges

Exchanges are available subject to specified conditions.

To ensure immediate access to the requested design and inventory assurance, the standard protocol is to initiate a return process for the current item and place a separate order for the desired design.

The customer is responsible for any fees or charges imposed by the carrier. Please note that we do not offer free returns.

11.1.3. Refunds

If you request a refund, L'EAUPHANT will use commercially reasonable efforts to ensure that any refund will be made within ten (10) business days of receipt of the product returned by crediting your original form of payment. Under no circumstances will you be granted an electronic credit usable on the Website, nor will the Website issue a store credit for use in an L'EAUPHANT boutique. Shipping costs for expedited delivery are non-refundable.

11.1.4 Limitations to exchanges and refunds

A product ordered on the Website that has been personalized cannot be returned for exchange or refund.

11.2.    Returns & exchanges for L'EAUPHANT shoes

L'eauphant shoes must be tried on clean, dry, and non-abrasive or carpeted surfaces to prevent damage to the soles until you are sure of your purchase. Failure to do so may result in non-acceptance of your return.

12. Reservation of title

Products remain the property of L'EAUPHANT until payment in full is made to L'EAUPHANT, except, where a Personalized Product has been ordered, then the product will remain the property of L'EAUPHANT until shipped.

In case of a payment dispute, you agree to return the received products to L'EAUPHANT immediately upon request, and to assume the risks (in particular the loss, theft or damage) relating to the delivered products.

13. Proof - Limitation of Liability

The computerized data registered by the Website in the IT systems of L'EAUPHANT establish the terms of the transactions between L'EAUPHANT and its customers. In the case of a dispute between L'EAUPHANT and its customers relating to a transaction entered into using the Website, the data registered by L'EAUPHANT are the terms of the transaction and shall constitute the proof of communication, orders and payments between the parties. 

14. Governing Law - Disputes

Any disputes under these General Terms and Conditions of Sale shall be governed by the Section 6 “Governing Law – Disputes” of the Terms and Conditions of Use.

15. Disclaimer of Warranties

UNLESS STATED OTHERWISE, L'EAUPHANT PRODUCTS ARE SOLD ON AN "AS IS" "AS AVAILABLE" BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER IMPLIED OR BY LAW, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF: (I) MERCHANTABILITY, (II) FITNESS FOR A PARTICULAR PURPOSE, (III) NON-INFRINGEMENT, (IV) WORKMAN-LIKE EFFORTS, (V) QUALITY, AND (VI) ACCURACY, AND (VII) TITLE.