Terms of service

The 7 commandments of "try before you buy"

Warning: This summary is not part of the Elyn TOS and has no legal value!

We've set it up so you can quickly understand the different elements outlined in the TOS below.Elyn allows you to try on your items at home before you buy them and without you having to put any money down! Please use our service as outlined below in a reasonable and responsible manner to make the most of your shopping experience!

1. You can return any item you order. There is no commitment to purchase! We will only charge you for the items you keep.
2. You need a valid payment card to use our service. We do not charge it but we can try to take an imprint to check the validity of your card!
3. From the date of delivery, you have a 5-day trial period to decide which items you want to return and keep! You have a return interface if you wish to return an item. At the end of the trial period, and without any news from you, we will consider in good faith that you wish to keep all the items, and will debit you accordingly!
4. You have 3 working days to send back the items you wish to return. After this period we will consider that you wish to keep all the items in your order, and will charge you accordingly!
5. Elyn is not a rental service! Please try on items as if you were in the store!
6. Any item returned unlabeled, damaged or with signs of use will be considered a final purchase and will be returned to you at your expense.
7. Elyn reserves the right to cancel or refuse an order if the risk of fraudulent use of the service is too great.Our goal is to provide you with the best online shopping experience possible! If you have any questions, please feel free to contact us by email at hello@elyn.io, we will be happy to help you.

1. Definitions and vocabulary used

The following definitions apply throughout this document, regardless of whether words are singular or plural:

• Elyn, Provider, We: refers to the simplified joint stock company registered in the Paris Trade and Companies Register under number 900 702 804, whose registered office is located at 14 rue Beffroy, 92200 Neuilly sur Seine.
• Partner Brand, Vendor: means any legal entity selling goods or services that makes the Solution available to its Buyers.
• Buyer, Customer: means any natural person making a purchase on the Internet site of a Partner Brand.
• Article: designates any product offered for sale on the site of a Partner Brand.
• Force Majeure: means any unforeseeable, irresistible, external event, and independent of the will of both parties.
• Solution: refers to the digital solution developed by Elyn and provided to Partner Brands who offer it to Buyers so that they can benefit from the "try before you buy" service.
• Ordering: means the process by which the Buyer selects the Items he/she wishes to purchase from a Brand Partner using the Solution.
• Trial Period: means the period of 5 calendar days following receipt of delivery during which the Buyer may try the Items to determine whether or not to keep them.
• Return Period: means the 3 business day period following the Trial Period during which Buyer must return the Items he/she wishes to return.
  

2. Object

These terms and conditions of service apply without restriction or reservation to all services offered by Elyn SAS, and integrated on the website of Partner Brands wishing to offer our services to their Buyers.

Elyn offers a Digital Solution, which allows Buyers to order Items on the Partner Brands' website in a "try before you buy" format (described in Section 6).

Buyer is fully aware that Elyn is a separate entity from the Partner Brand. Elyn provides its Solution on the Partner Brands' site. When a Buyer purchases Items, he/she is purchasing them from the Partner Brands. The purchase contract for the Items is concluded between the Buyer and the Partner Brand concerned.

The purpose of these general terms of use is to determine the terms and conditions of use of our Solution, as well as to define the rights and obligations of the parties in this context.

They may be supplemented, if necessary, by specific terms of use for certain Articles or Services, which supplement these general terms of use and, in the event of contradiction, prevail over them.

3. Vendor identity and contact

The Solution is published and operated by Elyn, SAS registered in the Paris Trade and Companies Register under number 900 702 804, whose registered office is located at 14 rue Beffroy, 92200 Neuilly sur Seine.

We can be contacted at the following coordinates:

• Postal address: 14 rue Beffroy, 92200 Neuilly sur Seine
• E-mail address: hello@elyn.io

4. Legal capacity and acceptance of the general conditions

The Purchaser declares, prior to using the Solution, that he/she has full legal capacity, allowing him/her to commit to the present general terms of use.

Given the mandate Elyn has from the Partner Brand and the operation of the Solution, the Buyer shall accept both the general terms and conditions of sale of the Partner Brand that distributes the Items delivered to him and the general terms and conditions of use of Elyn that allow the "try before you buy" service.

Acceptance of these terms and conditions is materialized at the end of the purchase tunnel at the time of the order confirmation after the Buyer has chosen Elyn as the payment method. Any Buyer who does not agree to be bound by these general terms and conditions of use must not place an Order using the Solution proposed by Elyn and must be satisfied with a conventional order for the Items on the Partner Brand's site.

5. Use of the service

The Buyer declares that he/she is of legal age, resides in France, has a payment card issued in France and has the legal capacity to place an online Order.

The Buyer undertakes to provide the "Partner Brand" with the actual information required to place the Order and to ship it, in particular his or her last name, first name, address, telephone number and valid e-mail.

The Purchaser is informed and accepts that the information entered for the purposes of creating or updating his/her Order is proof of his/her identity. The information entered by the Buyer shall be binding as soon as it is validated.

Elyn reserves the right to cancel or refuse an Order in the event of a dispute with the Buyer over a previous Order or in the event that the risk of fraudulent use of the service is too great.

The "try before you buy" service is available up to a maximum of 800 euros per Order and one Order in progress per Buyer and per Partner Brand.

6. Services

a. General Description of the Service

The Solution allows the Buyer to order Items in a "try before you buy" format as follows:

The Buyer orders his Articles on the site of the Partner Brand before committing himself to buy the Articles. The Brand Partner sends a certain number of Items per Order. For each Order as from the delivery date, the Buyer has a Trial Period of 5 calendar days at the end of which he indicates the Articles which he wishes to keep and the Articles which he wishes to return.

The Trial Period is exclusively intended to allow the Buyer to try the Items to determine whether or not he or she wishes to keep them. Buyer is prohibited from using the Products during the Trial Period in any manner that is inconsistent with the manner in which Buyer would have used the Products had he or she been required to try them in a physical store.

The Buyer is charged for all Items kept in accordance with the return policy (described below).

If Buyer does not notify Elyn and the Partner Brand of its desire to return one or more Items via the returns interface before the expiration of the Trial Period, it will be deemed in good faith that Buyer wishes to retain all of the Items in its Order and will be charged the full amount of the Items in its Order.

b. Order taking

The Order of Articles is carried out via the site of the Partner Brand by choosing Elyn at the end of the tunnel of purchase like means of payment. The Buyer chooses, at the time of his Order, the Articles that he wishes to try and will receive, except in exceptional cases, the Articles that he has chosen.

The "try before you buy" service is available up to a maximum of 800 euros per Order and one Order in progress per Buyer and per Partner Brand.

Validation of the Order by the Buyer shall constitute confirmation of the Buyer's acceptance of Elyn's general terms and conditions of use and of the Partner Brand.

The Buyer must ensure that the contact details he/she provided when placing the Order are correct and that they allow him/her to receive the Order confirmation e-mail. If the Buyer does not receive the confirmation e-mail, he/she must contact us at the address mentioned in Article 3.

c. Taking an impression

Only Visa, Mastercard and Bank Cards issued in France are accepted.

Prepaid, virtual, systematic authorization cards (e.g. Maestro, Electron or Revolut) and American Express are not accepted for the Solution offered by Elyn.

When the Buyer places an Order, an imprint of his/her payment card may be made by the secure online payment provider Stripe, which alone retains the Buyer's bank details. This imprint does not constitute a payment but a simple pre-authorization, and therefore does not result in the debiting of the Purchaser's bank account.

d. Delivery of Items to Buyer

The Buyer will then receive his Order according to the delivery method chosen on the Partner Brand's website in accordance with the latter's general sales conditions.

It is the responsibility of the Buyer, upon receipt of the Items, to verify that all Items listed in the Order confirmation received by email have been received. Buyer shall immediately notify the Partner Brand and Elyn of any missing or damaged Items.

Failure to notify Elyn or the Partner Brand of a lack of conformity of the Article shall be unenforceable if it occurs after the day of receipt of the Article, in view of the obligation of vigilance to which the Buyer is bound.

e. Testing of Articles

Upon delivery of the Order, the Buyer has a Trial Period of 5 calendar days to decide which Items to keep or return.

The Trial Period is exclusively intended to allow the Buyer to try the Items to determine whether or not he or she wishes to keep them. Buyer is prohibited from using the Products during the Trial Period in any manner that is inconsistent with the manner in which Buyer would have used the Products had he or she been required to try them in a physical store.

It is the responsibility of the Buyer to use the return interface to notify Elyn and the Partner Brand of the Items he/she wishes to return before the Trial Period expires.

If Buyer does not notify Elyn and the Partner Brand of its desire to return one or more Items via the returns interface before the expiration of the Trial Period, it will be deemed in good faith that Buyer wishes to retain all of the Items in its Order and will be charged the full amount of the Items in its Order.

f. Return of items

If you wish to return an item, you must indicate the item(s) you wish to return via the returns interface provided by Elyn before the end of the Trial Period (before 11:59 p.m. 5 calendar days after receipt of the Order).

The Buyer decides freely to keep all or part of the ordered Articles, or to return all or part of the said Articles without having to justify reasons.

The Buyer will be debited with the amount corresponding to the value of the retained Items.

After 11:59 p.m., if no request for return has been made, it will be considered in good faith that the Buyer wishes to keep all of the Items in his Order and will be debited the total amount of the Items in his Order. He will have the possibility of making use of his right of retractation near the Partner Brand in the 14 days as from the reception of the Articles which will be able to be done directly on the site of the Partner Brand.

g. Referral of Articles

Buyer must return the Items he/she wishes to return before the end of the Return Period using the return label provided on the return interface (before 11:59 pm, 3 business days after the return request).

After 11:59 pm, if the return has not been made (as evidenced by the postmark) it will be considered that the Buyer wishes to keep all the items in his Order and will therefore be debited the total amount of items to return.

Items must be returned in the same condition as they were when received. Any Item returned unlabeled, damaged or with signs of use will be considered a final purchase by Buyer and will be returned at Buyer's expense.

Elyn and the Partner Brand reserve the right to debit the Buyer for all or part of the value of the damaged Items by explaining the reasons in detail in a separate e-mail; if necessary, the Items will be returned to the Buyer and the shipping costs will be at his expense.

h. Right of Withdrawal

The Buyer benefits from the right of withdrawal pursuant to Article L221-18 of the Consumer Code. Details of the terms and conditions of the right of withdrawal are expressly set out in the general terms and conditions of sale of the Partner Brand accepted at the same time as Elyn's general terms and conditions of use when the Order is confirmed.

The exercise of the right of withdrawal from the Partner Brand is done via the Partner Brand website if the return should take place after the Trial Period and within 14 days from receipt of the Articles.

7. Prices and payment terms

a. Item Prices

The maximum total value of the Order is indicated at the time of the Order. The price of each item ordered is indicated on the email received at the time of the Order.

The total value of the Order and the price of the Items are indicated in Euros.

b. Terms of payment‍

At the time of the Buyer's Order, an imprint of the Buyer's payment card is made by the secure online payment provider Stripe, which alone retains the Buyer's bank details. This imprint does not constitute a payment but a simple pre-authorization, and therefore does not result in the debiting of the Purchaser's bank account.

Only Visa, Mastercard and bank cards issued in France are accepted. Prepaid, virtual, systematic authorization and American Express cards are not accepted to benefit from the Solution offered by Elyn.

8. Responsibility

We undertake to carry out regular checks to verify the operation and accessibility of our Solution. In this respect, we reserve the right to temporarily interrupt access to our Solution for maintenance purposes.

Similarly, we shall not be held responsible for any difficulties or temporary impossibility of access to our Solution due to circumstances beyond our control, Force Majeure, or due to disruptions in telecommunications networks.

The connection of any person to our Solution is done under his entire responsibility. It is the responsibility of the Buyer to take all appropriate measures to protect his own data and/or software stored on his computer equipment against any attack.
Furthermore, we shall not be held responsible for the non-performance or delay in the performance of the sales contract due to a case of Force Majeure or disruptions or total or partial strikes, in particular of the postal services and means of transport or communications.

9. Intellectual Property

The presentation and content of our Solution together constitute a work protected by the laws in force on intellectual property, of which Elyn is the owner. Any reproduction, in whole or in part, is systematically subject to the authorization of Elyn.

a. Copyright

The texts, images, drawings and layout as well as the graphic charter of our Solution are protected by intellectual property law. It is forbidden to copy, extract, distribute or modify the content of our Solution for commercial purposes. Downloading and printing of text, images and graphic elements is only allowed for private and non-commercial use. The reproduction of drawings, images, sound documents, video sequences and texts in other electronic or printed publications requires the prior written consent of Elyn. Failure to obtain such consent is punishable as an infringement of copyright.

b. Trademarks‍

The trademarks and logos appearing on our Solution are registered and protected trademarks. Any total or partial reproduction of the trademarks and/or logos present on our Solution, made from the elements of our Solution without the express authorization of Elyn is constitutive of the offence of counterfeiting.

c. Databases‍

The databases established by Elyn are protected by copyright and under the terms of the provisions of the Intellectual Property Code relating to the rights of database producers. Except with written authorisation from Elyn, any reproduction, representation, adaptation, translation and/or modification, whether in part or in full, as well as any substantial extraction, whether qualitative or quantitative, to another platform is prohibited and constitutes an infringement of copyright.