Preamble
The company Cisco, Limited Liability Company, having its registered office at 59 avenue Victor Hugo 75116 Paris - France, has among its activities the distribution and marketing of products online (e-commerce).
The Company offers, via its website accessible at https://www.lesluneides-shop.fr (the "Site"), an online marketing system for these Products (the "Online Sale").
The Online Sale of Products on the Site is governed by the general terms and conditions of sale set out below which specify, in particular, the conditions of order, payment, delivery and management of any returns of Products ordered (the "General Terms and Conditions of Sale").
The Company reserves the right to modify the General Terms and Conditions of Sale at any time by publishing a new version on the Site. The General Terms and Conditions of Sale are those in force at the date of validation of the order.
The Parties agree that their relations shall be governed exclusively by these General Terms and Conditions of Sale, to the exclusion of any conditions previously available on the Company's Website.
ARTICLE 1. DEFINITIONS
The terms and expressions referred to in the preamble hereto and hereinafter shall, for the purposes of the interpretation and execution hereof, mean :
"Product": the cosmetic product(s) offered for sale by the Company on the Site;
"Customer": a natural person who is not a trader and who carries out the Order and has full legal capacity;
"Order": commitment by the Customer to purchase the Products selected via the Site;
"General Terms and Conditions of Sale": has the meaning given to it in the preamble of the present document;
"Order Confirmation" has the meaning given to it in Article 6;
"Delivery Time": period between the date of Order Validation and the date of Order Delivery to the Customer;
"Delivery Costs": the cost of the costs incurred by the Company to send the Order to the Delivery address indicated by the Customer;
"Delivery Information" has the meaning given to it in Article 9;
"Delivery": dispatch of the Products ordered to the Customer;
"Delivery Method": means any delivery method (parcel relay, at the office, at home) available on the Site at the time of the Order;
"Parties" means the Company and the Client;
"Price" means the unit value of the Product, which value includes all taxes;
"Total Price": the total amount of the cumulative Prices of the Products that are the subject of the Order, this amount being understood to include all taxes;
"All-Inclusive Price" means the Total Price plus the price of the Delivery Charges, which amount is inclusive of all taxes;
"Site" has the meaning given to it in the preamble of the present document;
"Company" has the meaning given to it in the preamble hereof;
"Validation of the Order": has the meaning given to it in Article 6;
"Online Sale" has the meaning given to it in the preamble of this Agreement;
All references to the singular include the plural and vice versa.
ARTICLE 2. PURPOSE
The purpose of these General Terms and Conditions of Sale is to define the rights and obligations of the Parties in the context of the Online Sale of Products offered for sale by the Company to the Client.
ARTICLE 3. PRODUCT CHARACTERISTICS
The Products offered for sale by the Company are those appearing on the Site, on the day the Client consults the Site, within the limits of available stocks. The Company undertakes to honour the Order only within the limits of available stocks.
In the event of unavailability of the Products selected after Validation of the Order, the Company shall inform the Customer by e-mail. The Order is automatically cancelled and no bank debit is made or, if the start has been made, the order is refunded.
The Company is not in the business of selling its Products in significant quantities. Consequently, the Company reserves the right to refuse orders for more than 10 identical items. Each Product offered for Online Sale on the Site is described and presented with the utmost care in order to best satisfy the Customer's information. The photographs and texts describing the Products are provided and written with as much detail as possible but cannot ensure a perfect similarity between the Product offered and the Product ordered. Any dissimilarities or non-substantial errors, in particular technical or typographical errors, which may have been introduced, shall in no case engage the Company's responsibility and give the right to claim on the part of the Customer. The descriptions, presentations and photographs on the Site are not contractual. The Products offered for Sale online on the Site comply with the regulations in force in France.
ARTICLE 4. SCOPE OF APPLICATION OF THE GENERAL CONDITIONS OF SALE
The General Terms and Conditions of Sale are applicable for orders placed for delivery in metropolitan France and Monaco.
The General Terms and Conditions of Sale are reserved solely for consumers, within the meaning of the law and case law, acting exclusively on their own behalf and with full legal capacity.
In accordance with Articles L. 111-1 and L. 111-3 of the French Consumer Code, the essential characteristics and prices of the Products by electronic means are available on the Site. In addition, in accordance with article L.121-19 of the Consumer Code, the Client receives, before and after the conclusion of the sale, the information provided for in article L. 121-17 of the Consumer Code, in particular by means of the General Terms and Conditions of Sale which are applicable to all sales of Products made by the Company through the Site.
The Customer declares that he has read and understood these General Terms and Conditions of Sale and the information relating to the Products prior to the Validation of the Order in accordance with Articles L.111-1 to L.111-8 of the French Consumer Code. Validation of the Order therefore implies acceptance without restriction or reservation of these General Terms and Conditions of Sale and entails the creation of the Contract.
They are available to the Customer on the site by clicking on the link "General Terms and Conditions of Sale" or communicated by the Company on simple request by the Customer. Prior to ordering the service, the Client undertakes to familiarise himself with these general terms and conditions of sale and to submit any questions he may have to the Company. The validation of the order is therefore tantamount to acceptance without restriction or reservation of these General Terms and Conditions of Sale.
ARTICLE 5. ENTRY INTO FORCE AND DURATION
The General Terms and Conditions of Sale are applicable from the date of validation of the Order and remain applicable until the expiry of the guarantees and obligations owed by the Company.
The General Terms and Conditions of Sale may be unilaterally modified at any time by the Company.
Any new version of the general terms and conditions of sale will be available for consultation on the website and will apply to orders placed after their publication.
ARTICLE 6. ORDERING OF PRODUCTS AND CONCLUSION OF THE ONLINE SALE
The order taking on the site is subject to the respect of the procedure set up by the company and consisting of the following steps:
The Customer shall then receive by electronic means and without delay a confirmation of acceptance of payment of the Order as well as an acknowledgement of receipt summarizing and confirming the Order (the "Order Confirmation").
To this end, the Customer formally accepts the use of electronic mail for the Company's Order Confirmation. The Company may not be held liable for any damaging consequences related to the Client's error in providing his e-mail address. A Delivery Note will be included in the package, again summarising the Order. In accordance with article L. 122-1 of the French Consumer Code, the Company reserves the right to refuse the Order for any legitimate reason, and in particular if the Order is abnormal, placed in bad faith or when there is a dispute with the Client regarding payment of a previous Order.
ARTICLE 7. PRICE OF GOODS
The Price of the Products sold on the Site is indicated respectively, per Product, in Euros (€) and all taxes included (TTC).
The telecommunication costs inherent to access to the Site remain the exclusive responsibility of the Customer.
At the time of the Validation of the Order, the price to be paid is the All-Inclusive Price indicated in the basket.
The duration of validity of the Prices is determined by the updating of the Site.
ARTICLE 8. TERMS OF PAYMENT
The Articles are payable cash as from the Validation of the Order.
The payment of the All-Inclusive Price by the Customer is made only by credit card or Paypal.
Accepted bank cards are those of the Visa, MasterCard, American Express networks.
To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name on the bank card is indeed his own.
The Customer communicates the sixteen digits and the expiry date of his credit card as well as, if necessary, the numbers of the visual cryptogram.
The Customer expressly acknowledges that the communication of his credit card information authorises the Company to debit his credit card for the amount corresponding to the All-Inclusive Price of the Products that were the subject of the Order Validation.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a bank card is irrevocable.
The transaction is immediately debited to the Customer's bank card after verification of the latter's data, upon receipt of the debit authorization from the issuer of the bank card used by the Customer. In the event that debiting the All-Inclusive Price is impossible, the Online Sale shall be immediately refused by operation of law and the Order shall be cancelled.
The Company implements all means to ensure the confidentiality and security of data transmitted on the Site. Thus, the payment of purchases is made via the secure platform of its partners: Stripe or Paypal. The data recorded and kept by the Company constitutes proof of the Order and all transactions made. The banking data recorded by Stripe and Paypal constitute proof of the financial transactions. The Customer agrees to be aware of the conditions of use of the services of Stripe and Paypal on their website: https://stripe.com/fr/privacy andhttps://www.paypal.com/fr/home. Consequently, the banking data entered at the time of the Order are not preserved by the company Cisco.
ARTICLE 9. DELIVERY OF THE ORDER
9.1. MODE OF DELIVERY
The Customer chooses one of the Delivery Modes offered on the Site at the time the Order is placed. Deliveries are made from Monday to Saturday, depending on the option chosen by the Customer when validating his order.
9.2. DELIVERY ADDRESS
Home delivery
Delivery shall take place to the Delivery address indicated by the Customer at the time of the Order. The Customer may indicate, at his choice, the address of his residence, that of any other natural person of his choice, or that of a legal entity he designates. If no one is able to take delivery of the package at the time of Delivery, a delivery notice shall be left for the Customer and shall inform him/her of the terms and conditions for keeping the package and making it available, under the full and exclusive responsibility of the carrier. The Delivery address must necessarily be located in metropolitan France and Monaco, under penalty of refusal of the Order, and may not be the address of a hotel or a post office box.
It is the Customer's responsibility to ensure the accuracy and completeness of the Delivery data entered (street number, building number, staircase number, access codes, names and/or intercom numbers and any other information required for Delivery) (the "Delivery Information"). In the event of an error or omission in the Delivery Information, the Customer shall be solely responsible for the failure or delay in Delivery. If the Order is returned to the Company, the Customer shall be required to provide valid Delivery Information.
Delivery in Relay Point
The Customer has the possibility to carry out the Delivery of the Products at a Relay Point if it is available at the time of purchase.
9.3. COSTS AND DELIVERY TIMES
The amount of the Delivery Charges depends on the amount of your Order. The amount of the Delivery Charges is indicated to the Customer before the Order is validated and is included in the All-Inclusive Price.
Except in cases of force majeure or unforeseeable and insurmountable facts of a third party to the contract, delivery times will be a maximum of 20 working days from the date of confirmation of the order. Orders placed on the Site on Friday after 12 noon will be processed the following Monday. Orders placed on the Site on a public holiday will be processed on the next working day.
9.4. LATE DELIVERY
In the event of late Delivery, the Order is not automatically cancelled. The Company shall inform the Customer by e-mail that Delivery will be delayed. The Client may then decide to cancel the Order and shall then send the Company a notice of cancellation of the Order in accordance with the notification procedures set out in article 20 hereof.
In the event that the Order has not yet been dispatched when the Company receives the Client's cancellation notice, the Delivery shall be blocked and the Client shall be reimbursed any sums debited within 14 (fourteen) days of receipt of the cancellation notice pursuant to Article L.216-3 of the French Consumer Code at the latest. In the event that the Order has already been shipped when the Company receives the Client's cancellation notice, the Client may still cancel the Order by refusing the package. The Company shall then proceed to reimburse the amounts debited and the return costs paid by the Client within 14 (fourteen) days following receipt of the cancellation notice. The Company may not be held liable for any consequences due to a delay in delivery that is not its fault.
9.6. CHECKING THE ORDER ON ARRIVAL
The Customer is required to check the condition of the packaging and the Products upon Delivery. Thereafter, the Customer assumes full and exclusive risk for damaged Products. It is the Customer's responsibility to make any reservations and claims he considers necessary, or even to refuse Delivery, when the package is obviously damaged. The said reservations and claims must be sent to the carrier by registered letter with acknowledgement of receipt within 3 (three) working days, not including public holidays, following the date of Delivery of the Goods.
The Client must also send a copy of this letter to the Company. Failure to make a claim within the aforementioned time limit shall extinguish any action against the carrier in accordance with Article L. 133-3 of the French Commercial Code. The Client must ensure that the Products delivered to it correspond to the Order. To this end, the package contains a summary Delivery note. If the Products do not comply with the specifications mentioned on the Delivery note, the Customer must inform the Company and send a photograph of the damaged Products to the following address, if necessarycontact@lesluneides.com within 3 working days from the effective receipt of the Products.
If the Products are delivered damaged or in the event of an error in delivery, the Company will proceed, at the Customer's choice: Either to exchange them at the Company's expense, or to refund the Products concerned as well as the delivery costs.
ARTICLE 10. RIGHT OF WITHDRAWAL
The Customer has a right of retraction that he may exercise via the retraction form within 14 (fourteen) calendar days following the date of receipt or withdrawal of the Order pursuant to Article L.221-8 of the French Consumer Code, without having to justify his decision or incur any costs other than those necessary to return his order. The withdrawal form may be returned by email to the following address: contact@lesluneides.com
If this period expires on a Saturday, Sunday or a public holiday or non-working day, it shall be extended to the first following working day. The Company will acknowledge receipt of the Customer's withdrawal by electronic means. The Customer who wishes to exercise his right of retraction must return the Products ordered at his own expense within fourteen days at the latest from the exercise of the right of retraction. In all cases, the returned Products must be in their original packaging, complete, new and unopened.
In the event that the returned Product is returned damaged or used, no refund will be made.
An email will be sent to the Customer to inform him/her of the refund of the returned items. The Company will reimburse the Client for the totality of the sums paid, i.e. the price of the returned Products and any delivery costs within a maximum period of fourteen days following receipt by the Company of the returned Products. Compliance with the return conditions stipulated in these General Terms and Conditions of Sale and in the Order form is a mandatory prerequisite for reimbursement. Failure to comply with these conditions may result in the Customer being refused a refund for the Products returned by the Company.
ARTICLE 11. CLAIMS
The Customer must address any complaints to the Company, quoting the reference and date of the Order. Only complaints relating to the Online Sale of Products shall be taken into account.
ARTICLE 12. GUARANTEES AND LIABILITIES
Legal guarantees of conformity and against hidden defects. The Company is subject to the conditions of legal guarantees provided for in Articles L. 211-4, L. 211-5 and L. 211-12 of the French Consumer Code and Articles 1641 and 1648 of the French Civil Code :
Article L. 211-4 of the Consumer Code :The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects of conformity resulting from packaging, assembly instructions or installation when this was made at his expense by the contract or was carried out under his responsibility.
Article L. 211-5 of the Consumer Code :To be in conformity with the contract, the good must:
1° Be fit for the use usually expected of a similar property and, where applicable :
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.
Article L. 211-12 of the Consumer Code :The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
Article 1641 of the Civil Code :The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648 of the Civil Code :The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller can be discharged of the defects or apparent lack of conformity.
All the products on sale on the Site thus benefit from the legal guarantee of conformity and the guarantee against hidden defects, allowing the Customer to return defective or non-compliant products delivered free of charge.
Disclaimer of Warranty
The warranty will not apply to apparent defects. The warranty will not cover products damaged due to improper use of the Products.
Methods of implementing legal guarantees
It is recalled that under the legal guarantee of conformity, the consumer :
The legal guarantee of conformity applies independently of the commercial guarantee that may cover your product. It is recalled that the consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he can choose between the cancellation of the sale or a reduction of the selling price in accordance with Article 1644 of the Civil Code.
The provisions of this Article shall not prevent the right of withdrawal provided for in Article 10
Within the framework of the legal guarantee of conformity, the Company undertakes, at the choice of the Client :
- or to replace the product by an identical product according to the available stocks,
- or to reimburse the price of the product if the replacement of a product proves impossible.
Within the framework of the legal guarantee for hidden defects, the Company, according to the Client's choice, undertakes, after evaluation of the defect :
- either to reimburse the totality of the price of the returned product,
- or to refund part of the price of the product if the buyer decides to keep the product.
Products modified, repaired, integrated or added by the Customer are excluded from warranty.
Disclaimer of Liability
The Client can normally access the website 24 hours a day, 7 days a week, all year round without any obligation to do so being imposed on the Company. The Company reserves the right, without notice or compensation, to temporarily suspend access to all or part of the website for technical reasons related in particular to the need to update, modify or maintain it, and in general, for any other technical and organisational reason.
Consequently, the Company's liability may not be sought or retained in the event of temporary or total unavailability of all or part of the access to the website, in the event of loss of data, in the presence of a difficulty related to response time, and generally speaking, any performance defect whatsoever, in the event of permanent closure of all or part of the Site or in the event of network disruption. The Company reserves the right, without notice or compensation, to temporarily or permanently close all or part of the Website.
Within the framework of the legal guarantee of conformity, the Company undertakes, at the choice of the Client :
- either to replace the product by an identical product according to the available stocks,
- or to reimburse the price of the product if the replacement of a product proves impossible.
Within the framework of the legal guarantee for hidden defects, the Company, according to the Client's choice, undertakes, after evaluation of the defect :
- either to reimburse the totality of the price of the returned product,
- or to refund part of the price of the product if the buyer decides to keep the product.
Products modified, repaired, integrated or added by the Customer are excluded from warranty.
Disclaimer of Liability
The Client can normally access the website 24 hours a day, 7 days a week, all year round without any obligation to do so being imposed on the Company. The Company reserves the right, without notice or compensation, to temporarily suspend access to all or part of the website for technical reasons related in particular to the need to update, modify or maintain it, and in general, for any other technical and organisational reason.
Consequently, the Company's liability may not be sought or retained in the event of temporary or total unavailability of all or part of the access to the website, in the event of loss of data, in the presence of a difficulty related to response time, and generally speaking, any performance defect whatsoever, in the event of permanent closure of all or part of the Site or in the event of network disruption. The Company reserves the right, without notice or compensation, to temporarily or permanently close all or part of the Website.
Within the framework of the legal guarantee of conformity, the Company undertakes, at the choice of the Client :
- either to replace the product by an identical product according to the available stocks,
- or to reimburse the price of the product if the replacement of a product proves impossible.
Within the framework of the legal guarantee for hidden defects, the Company, according to the Client's choice, undertakes, after evaluation of the defect :
- or to refund the totality of the price of the returned product,
- or to refund part of the price of the product if the buyer decides to keep the product.
Products modified, repaired, integrated or added by the Customer are excluded from warranty.
ARTICLE 13. RESERVATION OF OWNERSHIP
The Company retains full and complete ownership of the products sold until full payment of the full price, including principal, costs, taxes and compulsory contributions.
ARTICLE 14. CAPACITY
The Customer, prior to his Order, declares that he has full legal capacity, allowing him to commit himself under these General Terms and Conditions of Sale. The Company is not in a position to verify the legal capacity of its visitors and buyers.
Consequently, if a person without legal capacity placed an Order on the Site, his or her legal representatives (parents, guardians, in particular) would assume full responsibility for the Order and would have to honour the price.
ARTICLE 15. INTELLECTUAL PROPERTY RIGHTS
The Company's trademark, as well as all figurative and non figurative trademarks and more generally all other trademarks, illustrations, images and logos appearing on the Goods, their accessories and packaging, whether registered or not, are and will remain the exclusive property of the Company.
Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of the Company, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logo and more generally any distinctive sign intended to form a composite logo.
The same applies to all copyrights, designs, models and patents owned by the Company. Any hypertext link to the Site is strictly prohibited unless expressly authorised by the Company.
ARTICLE 16. CONFIDENTIALITY OF DATA AND COOKIES
The Company collects personal data from the Customer and, where applicable, from the recipient of the Order, this personal information being necessary for the processing and delivery of orders as well as for the preparation of invoices.
The purposes, recipients and conditions under which the Company collects and processes personal data are set out in the Privacy Policy. In accordance with Article L.213-1 of the French Consumer Code, the Company shall ensure that the written record of the Customer's order for an amount greater than or equal to one hundred and twenty euros is kept for a period of ten years from the delivery of the order and guarantees access to it at any time during this same period by sending a simple request to contact@lesluneides.com or by making a request using the "Contact" form on the Site.
The site makes use of cookies. To learn more about the type of cookies used, their functions and how you can disable them, please read the Cookies Policy.
ARTICLE 17. MAJOR FORCE
The Company shall not be held liable for any delay or non-performance of its obligations resulting from a case of force majeure. A case of force majeure, in addition to the definition provided by Article 1218 of the French Civil Code, as amended, shall include the following events: war, riot, general strike, blockage of means of transport and supply of telecommunications networks, legislative or regulatory provisions restricting the purpose of the Agreement, as well as cases decided by case law and any other case beyond the express control of the Parties that prevents the normal performance of the Agreement.
The Company's performance of its obligations under this Agreement shall be suspended in the event of the occurrence of an act of God or force majeure that would hinder or delay performance. In particular, the Company may not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses. The Company shall notify the Client of the occurrence of such an act of God or force majeure within 15 (fifteen) days from the date of occurrence of the event, by email or by telephone. When the suspension of the Company's obligations continues for a period exceeding 30 (thirty) days, the Order may be cancelled by operation of law without compensation for the Client.
ARTICLE 18. DIVISIBILITY
If any one of the provisions of these General Terms and Conditions of Sale were to be cancelled, this cancellation would not entail the cancellation of the other provisions which will remain in force between the Parties.
ARTICLE 19. MODIFICATION OF THE CONTRACT
Any amendment, termination or abandonment of any of the clauses of these General Terms and Conditions of Sale shall only be valid after written and signed agreement between the Parties.
ARTICLE 20. INDEPENDENCE OF THE PARTIES
Neither Party may make any commitment in the name and/or on behalf of the other Party. Moreover, each Party shall remain solely responsible for its allegations, commitments, benefits, products and personnel.
ARTICLE 21. NON-WAIVER
The failure of either Party to avail itself of a commitment by the other Party to any of the obligations hereunder shall not be construed in the future as a waiver of the obligation in question.
ARTICLE 22. NOTIFICATIONS
All notifications to the Company to be made under the GCS shall be considered as having been made if they are made by registered letter with acknowledgement of receipt to the following address:
Cisco 59, avenue Victor Hugo 75116 Paris - France
ARTICLE 23. MEDIATION
In the event of a dispute relating to these general terms and conditions, the Customer has the option of having recourse free of charge to a consumer mediator in accordance with Articles L152-1 et seq. of the French Consumer Code.
A list of accredited mediators is available on the consumer mediation website accessible at the following address: http://www.economie.gouv.fr/mediation-conso. The Customer may also file a complaint via the online dispute resolution platform (known as the "RLL" platform) accessible via the link below:https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.
In case of failure in the appointment of the mediator or of the mediation itself, the most diligent party may refer the matter to the Court of the headquarters of the Cisco company.
ARTICLE 24. ASSIGNMENT OF JURISDICTION
The GTC are subject to French law.
In the event that a dispute arises, the Client and the Company undertake to seek an amicable solution before any legal action is taken. Any dispute arising from the formation, interpretation or execution of this Contract shall be subject to the exclusive jurisdiction of the French courts, notwithstanding plurality of defendants or third parties.
