General terms of sale

Date : 12/09/2022

The present general conditions of sale (“GCS”) govern the relations between the Company Lucibel.le Paris SAS with a capital of 100 000€ whose head office is located at 102 avenue des Champs Elysées, 75008 Paris, and registered at the Registre du Commerce et des Sociétés de Paris, number 807 653 852 RCS (the “Seller“) and any natural person who does not have a business and who wishes to proceed to a purchase of the products sold by Lucibel.le Paris on the Internet site https://lucibelleparis.com (the “Customer“)

The fact that a Customer places an order on the website https://lucibelleparis.com (the “Website“) implies his acceptance, without reserve, of these GTC.

These GTC may be modified at any time by the Seller. In any event, the applicable GTC are those in force at the time the Customer places the order.

By ticking the box “I have read the General Terms and Conditions of Sale and I accept them” on the order form, the Customer acknowledges that he/she has read and accepts these GTC.

1. Purpose and scope of application

The purpose of the GTC is to define the contractual relations and the terms of sale between the Seller and any Customer wishing to proceed to a purchase on the Website of the products indicated as sold and shipped by Lucibel.le Paris (hereafter “the Products”).

To be able to place an order on the Internet site, the Customer declares that he is at least 18 years old and less than 80 years old.

It is specified that the Products are intended for personal use by the Customer, without any direct connection with his professional activity.

The Customer undertakes not to purchase Products on the Website with a view to reselling them.

2. Product characteristics – prices

The Customer declares that he/she is aware of the essential characteristics of the Products and in particular of the contraindications, which appear on the Website and in the instructions for use.

The prices displayed are inclusive of all taxes. They may be modified at any time.

The products are offered for sale within the limits of available stocks. The latter is updated regularly, unless there is a technical problem independent of the Seller. If the Product is not available, the Customer is informed as soon as possible.

3. Order and payment

The Customer definitively validates his order by clicking on “order”, after having filled in the “billing details” page and proceeded to payment.

To pay for his order, the Customer has the choice of : Blue Card, Visa, Mastercard in 3D Secure mode.

The Customer guarantees the Seller that he has the necessary authorisations to use the method of payment chosen by him when validating the order form. The Seller reserves the right to suspend any order processing and any delivery in the event of refusal to authorise payment by bank card by the officially accredited organisations or in the event of non-payment. In particular, the Seller reserves the right to refuse to make a delivery or to honour an order from a Customer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.

The Seller shall not supply the Products or offer the services until the bank has authorised payment by credit card for the Products ordered. The Seller reserves the right to verify the identity of the credit card holder by requesting the appropriate documents. The order will only be validated after receipt and verification by our services of the documents sent.

Once the order has been validated, and at the latest at the time of delivery, the information provided for in Article L. 221-5 of the French Consumer Code is sent to the Customer by email under the conditions provided for in Article L. 221-13 of the same code.

4. Delivery

Deliveries are made in Metropolitan France and French overseas departments and territories to the address indicated at the time of ordering. Deliveries are made by “Colissimo” within 10 days. The delivery time is taken into account from the moment the package is handed over to Colissimo.

Shipping costs are not included in the prices shown and are therefore borne by the Customer.

In case of shipment outside the European Union, customs fees may be applied by the carrier of the destination country. These costs are to be paid by the Customer.

5. Information regarding the exercice of the right of withdrawal

In accordance with the provisions of Articles L. 221-18 et seq. of the French Consumer Code, the Customer, who is a consumer, has a right of withdrawal from all or part of his order, without giving any reason, which expires fourteen (14) days from the day after the date of delivery, and if several products are ordered in a single order, at the time of receipt of the last item ordered.

Some products are not subject to the right of withdrawal. This is the case for goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection.

To exercise the right of withdrawal, the Customer must notify the Seller of his decision to withdraw from the present contract by means of an unambiguous statement by post to Lucibel.le Paris 101 allée des vergers 76360 Barentin or use the withdrawal form below, and also available at the attached link. If the customer uses the withdrawal form, Lucibel.le Paris will send without delay an acknowledgement of receipt of the withdrawal on a durable medium by email.

Withdrawal form for consumer customers

To the attention of

Lucibel.le Paris

101 allée des vergers

76360 Barentin

Contact : +33 (01).80.04.12.35

Email : [email protected]

I/We hereby notify you of my/our withdrawal from the Contract for the sale of the product and/or service below :

• Order number :
• Item code :
• Ordered on :
• Received on :
• Name of Customer(s) :
• Address of Customer(s) :
• Signature of Customer(s) (if this form is notified on paper) :
• Date :

For the withdrawal period to be respected, it is sufficient that the Customer transmits to Lucibel.le Paris the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period, i.e. fourteen (14) days after the reception of all the articles of the order.

If the Customer makes use of this right of withdrawal, the products must be returned within fourteen (14) days after the communication of the exercise of the right of withdrawal, in their original packaging, in perfect condition, unused and accompanied by all accessories and user manuals, as well as the return form, present in the package, duly completed. The returned Products must not have been used in any way or handled other than to establish the nature, characteristics and proper functioning of the goods. Goods that are incomplete, damaged or soiled by the Customer will not be accepted.

The Customer will receive a return slip within a few days of contact, which must be attached to the returned product. Without this form, the return of the product cannot be processed within the normal timeframe.

Only the price of the product(s) purchased will be refunded to the Customer. The cost of returning the product(s) shall be borne by the Customer.

The Seller shall make the refund using the same means of payment as the one used by the consumer for the initial transaction, unless the consumer expressly agrees to use another means of payment and insofar as the refund does not incur costs for the consumer.

The refund will be made no later than fourteen (14) days from the first of the following two events:

Recovery of the products directly from the warehouse.

The products must be returned to the return address indicated on the return agreement.

6. Guarantee

Legal guarantee of conformity

The Company guarantees the conformity of the Lucibel·le Paris Products to the Company’s specifications and to the state of the French and European technical standards applicable on the day of purchase.

All Products on sale benefit from the legal guarantee of conformity (articles L.217-3 and following of the Consumer Code) and the guarantee against hidden defects (articles 1641 and 1644 of the Civil Code), allowing the Customer to return defective or non-conforming Products delivered.

The products sold must conform to the contract and be free of defects in conformity at the time of delivery. The Seller shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been made responsible for by the contract or has been carried out under its responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions provided by the Seller

In accordance with Article L. 217-4 of the Consumer Code, the goods are in conformity with the contract if they meet the following criteria, where applicable

It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for in the contract;

It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the latter;

It is delivered with all the accessories and installation instructions to be provided in accordance with the contract;

It is updated in accordance with the contract.

In accordance with Article L. 217-5 of the Consumer Code, in addition to the criteria of conformity with the contract, the good is in conformity if it meets the following criteria :

1. It is fit for the use normally expected of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, the specific codes of conduct applicable to the sector concerned;
2. Where applicable, it has the qualities which the seller has presented to the consumer in the form of a sample or model before the conclusion of the contract;
3. Where appropriate, the digital elements it contains shall be provided in the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;
4. Where applicable, it shall be supplied with all accessories, including packaging, and installation instructions that the consumer may reasonably expect;
5. Where applicable, it is supplied with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19 ;
6. It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the good as well as public statements made by the seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labelling.

However, the Company shall not be bound by any of the above public statements if it demonstrates that :

1. That it did not know and was not legitimately in a position to know them;
2. That at the time of the conclusion of the contract the public statements had been corrected to a degree comparable to the original statements; or
3. That the public statements could not have influenced the decision to purchase.

The consumer may not contest the conformity by invoking a defect relating to one or more particular characteristics of the goods which he was specifically informed deviated from the criteria of conformity set out in this article and to which he expressly and separately agreed at the time of the conclusion of the contract.

Any malfunction resulting from a design, material or manufacturing defect shall entitle the Customer to exchange and/or repair the Product, after examination of the Product recognised as defective by the Company. This warranty shall only apply to the direct benefit of the Client.

The warranty does not cover defects that are proven to be caused by non-compliance with the instructions for use or maintenance indicated by the Company and included in the manual. Similarly, the warranty does not cover defects that are proven to be caused by negligence, a cause unrelated to the Product such as poor electrical installation, lack of maintenance, lack of supervision, fire, water damage, sand or liquid ingress, improper storage, abnormal use, use in a damp or outdoor environment.

The warranty does not apply either in the event of the use of parts or accessories not manufactured by the Company, in the event of alteration or removal of the batch number affixed in the factory, in the event of assembly, disassembly, intervention or modification carried out by a third party not approved by the Company.

To benefit from the guarantee, the Customer must notify the Company at the address [email protected] or by mail to the address of the Product Return Service : Lucibel·le Paris – Service SAV – 101 allée des vergers 76360 Barentin, of the defects observed in the Product as soon as they are noticed, and, at the latest, within one month, by providing :

• a detailed description of the defect(s) alleged,
• the batch number of the Product and the conditions of its use;
• proof of purchase.

As soon as the Company acknowledges receipt, the Client must send the complete Product in its original packaging within fifteen days to the address of the Returns Department and refrain from carrying out any repair himself. Unauthorised returns may be refused by the Company.

The costs of return are to be borne by the Client.

In the event of replacement of Products under the present warranty, the replaced Products are themselves guaranteed but only for the remaining duration of the initial warranty.

In no event shall the Company be liable for any direct, indirect, special, incidental, or consequential damages (including lost profits) arising out of the use of the product not in accordance with this manual or for purposes other than those for which the product was designed.

Commercial Warranty

For the OVE Mask, the Customer benefits from a commercial warranty, the terms of which are described in a written contract given to the Customer. In all cases, it is the Customer’s responsibility to prove that he meets the conditions of the warranty he is using.

7. Responsabilities

The Customer is obliged to take note of the characteristics and contra-indications for use of the Products, as they appear on the website and in the instructions for use of the Products, in order to ensure in particular that his state of health is compatible with the use of the Products. In case of doubt, he/she should seek the advice of his/her doctor.

The Seller shall not be held liable in the event of misuse of the Products, use that does not comply with the aforementioned contraindications or use by the Customer that the Seller could not reasonably have foreseen.

Nothing in the T&Cs shall limit or exclude the Seller’s liability for death or personal injury caused by its negligence or fraud or for any breach of the obligations implied by applicable law in relation to property or any liability which cannot be excluded by law.

Subject to the above paragraph, the Seller shall not be liable under these T&Cs for any loss of income, loss of profit, loss of contacts, loss of data or any indirect or consequential loss or damage of any kind whatsoever arising from the purchase of a Product.

The Seller shall not be held liable in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by French case law.

8. Dispute settlement – mediation

Claim

The Seller shall endeavour to resolve any complaint quickly, efficiently and amicably.

These should be addressed in priority to the company’s customer service department : [email protected]

Tel : +33 (0)1.80.04.12.35

Mediation

In the absence of an amicable settlement within 21 days following the complaint to the customer service, the Customer may submit the dispute between him and the Seller to the mediator who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution:

Commission Paritaire de Médiation de la Vente Directe (CPMVD)

1, rue Emmanuel Chauvière

75015 Paris

Phone : 0142153000

https://mediation-vente-directe.fr/

The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator. In the event of refusal of recourse to mediation, or of the failure of the latter, the parties retain the option of bringing the matter before the competent court.

9. Processing of personal data (CNIL declaration number: 1810264v0)

The Vendor, who is responsible for the processing, implements the processing of the Customer’s personal data for the management of the commercial relationship. The purpose of the processing is to manage orders and commercial re-exploitation. The information requested: Surname, First name, Address, Postcode, Town, telephone, e-mail is mandatory.

The data collected may be communicated to the customer service department for the same purpose. They are kept for archival purposes only, and solely for the needs of the Seller, for a period of 5 years from the date of their collection.

In accordance with the regulations on the protection of personal data, the customer has a right of access, rectification, deletion, opposition, as well as a right to limit the processing that he/she can exercise with the Seller, customer service, by email : [email protected]. The Customer also has the right to lodge a complaint with the CNIL, the supervisory authority responsible for compliance with obligations in respect of personal data, in particular in accordance with Regulation No. 2016/679, the European General Data Protection Regulation (RGPD).

10. Applicable law and competent jurisdiction

The GTC are subject to French law.

Disputes arising from the application of these GTC are subject to the French courts.