Terms and conditions
GENERAL CONDITIONS OF USE AND SALE
Updated on 09/30/2023
Website
www.Fleurs-de-peau.com
(hereinafter the “ Platform ”)
is an initiative of:
Lux-Médical Consulting S.à rl-S
15, rue des Anémones
L-1129 Luxembourg
Grand Duchy of Luxembourg
Company number (BCE/VAT): 20192421951 - LU31342455
Email: contact.fleursdepeau@gmail.com____
(hereinafter “ Lux-Médical Consulting S.à rl-S ” or the “ Seller ”)
I. GENERAL CONDITIONS OF USE
1. Scope
These general conditions of use (hereinafter the “ T&Cs ”) apply to any visit or use of the Platform and this information by an Internet user (hereinafter “ User ”).
By visiting or using the Platform, the User acknowledges having read these T&Cs and expressly accepts the rights and obligations mentioned therein.
The provisions of the General Terms and Conditions may exceptionally be waived by written agreement. These exemptions may consist of the modification, addition or deletion of the clauses to which they relate and have no impact on the application of other provisions of the T&Cs.
We reserve the right to modify our T&Cs at any time, without prior notification, but we undertake to apply the provisions in force at the time you used our Platform.
2. Platform
has. Access and navigation
Access to the Platform and its use are reserved for persons aged at least 18 years. Each User declares on their honor to be of the required age. We reserve the right to request proof of the User's age, by any means.
We take all reasonable and necessary measures to ensure the proper functioning, security and accessibility of our Platform. However, we cannot offer an absolute guarantee of operability and our actions must therefore be considered as being covered by an obligation of means.
Any use of the Platform is always at the User's own risk. Therefore, we are not responsible for any damage that may result from possible malfunctions, interruptions, defects or even harmful elements present on the Platform.
We reserve the right to restrict access to the Platform or interrupt its operation at any time, without prior notice.
b. Content
Lux-Médical Consulting S.à rl-S largely determines the content of the Platform and takes great care of the information present on it. We take every possible measure to keep our Platform as complete, accurate and up-to-date as possible, even when the information on it is provided by third parties. We reserve the right to modify, supplement or delete the Platform and its content at any time, without liability.
Lux-Médical Consulting S.à rl-S cannot offer an absolute guarantee regarding the quality of the information present on the Platform. It is therefore possible that this information is not always complete, exact, sufficiently precise or up to date. Consequently, Lux-Médical Consulting S.à rl-S cannot be held responsible for any damage, direct or indirect, that the User suffers from the information present on the Platform.
If certain contents of the Platform are in violation of the law or the rights of third parties, or are contrary to morality, we ask you to inform us as quickly as possible by email so that we can take appropriate measures.
Any download from the Platform always takes place at the User's risk. Lux-Médical Consulting S.à rl-S cannot be held responsible for possible damage, direct or indirect, resulting from these downloads, such as loss of data or damage to the User's computer system, which are entirely and exclusively the responsibility of the latter.
3. Links to other websites
The Platform may contain links or hyperlinks to external websites, particularly for accessories not marketed by Lux-Médical Consulting. Such links do not automatically mean that there is a relationship between Lux-Médical Consulting S.à rl-S and the external website or even that an implicit agreement exists with the content of these external sites.
Lux-Médical Consulting S.à rl-S has no control over external websites. We are therefore not responsible for the safe and correct functioning of the hyperlinks and their final destination. As soon as the User clicks on the hyperlink, he leaves the Platform. We cannot therefore be held responsible for any subsequent damage.
4. Intellectual property
Fleurs de Peau is a trademark registered with BOIP under the number 1451310.
Lux-Médical Consulting is the exclusive owner of the intellectual rights to the site. The structure of the Platform, but also the texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. which compose it or which are accessible via the Platform are the property of the publisher and are protected as such by the laws in force regarding intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the contents, registered trademarks and services offered by the Platform, by any means whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited, the exception of elements expressly designated as royalty-free on the Platform.
The User of the Platform is granted a limited right to access, use and display the Platform and its content. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal, non-commercial use. Without prior written agreement, Users are not authorized to modify, reproduce, translate, distribute, sell, communicate to the public, in whole or in part, the protected elements.
The User is prohibited from entering data on the Platform which would modify or be likely to modify its content or appearance.
5. Protection of personal data
The personal data provided by the User during their visit or use of the Platform are collected and processed by Lux-Médical Consulting S.à rl-S exclusively for internal purposes. Lux-Médical Consulting S.à rl-S assures its users that it attaches the greatest importance to the protection of their privacy and personal data, and that it is always committed to communicating in a clear and transparent manner. on this point.
Lux-Médical Consulting S.à rl-S undertakes to respect the applicable legislation in this matter, namely the Law of December 8, 1992 relating to the protection of privacy with regard to the processing of personal data as well as that the European Regulation of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data.
The User's personal data is processed in accordance with the Privacy Charter available on the Platform.
6. Applicable law and competent jurisdiction
The company Lux-Médical Consulting is subject to Luxembourg law regardless of the Customer's country of residence and the place where the Order is placed. The courts of the Grand Duchy of Luxembourg will have sole jurisdiction over any dispute between the Customer and the Seller.
7. General provisions
Lux-Médical Consulting S.à rl-S reserves the right to modify, extend, delete, limit or interrupt the Platform and associated services at any time, without prior notification, and without incurring liability.
In the event of a violation of the T&Cs by the User, Lux-Médical Consulting S.à rl-S reserves the right to take appropriate sanction and reparation measures. Lux-Médical Consulting S.à rl-S reserves the right to refuse the User any access to the Platform or our services temporarily or permanently. These measures may be taken without giving reasons and without notice. They cannot engage the liability of Lux-Médical Consulting S.à rl-S or give rise to any form of compensation.
The illegality or total or partial nullity of a provision of our T&Cs will have no impact on the validity and application of other provisions. In such a case, we have the right to replace the provision with another valid provision of similar scope.
II. TERMS OF SALES
1. Scope
These general conditions of sale (hereinafter the “ CGV ”) define the reciprocal rights and obligations in the event of the purchase of products or services on the Platform by a User (hereinafter “ Customer ”).
The General Terms and Conditions express the entirety of the obligations of the parties. The Customer is deemed to accept them without reservation, otherwise his order will not be validated.
Exceptionally, exceptions may be made to the provisions of the General Terms and Conditions provided that these exemptions have been the subject of a written agreement. These exceptions may consist of the modification, addition or deletion of the clauses to which they relate and have no impact on the application of other provisions of the General Conditions of Sale.
Lux-Médical Consulting S.à rl-S reserves the right to modify the General Terms and Conditions from time to time. The modifications will be applicable as soon as they are posted online for any purchase after this date.
2. Online store
Through the Platform, the Seller provides the Customer with an online store presenting the products or services sold, without the photographs having contractual value.
The products or services are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the Seller cannot be held liable as a result.
The products and services are offered within the limits of their availability.
Prices and taxes are specified in the online store.
3. Products
Cosmetic products, accessories and textiles for babies and children are offered for sale. Each Product is presented with a detailed description and accompanied by advice to enable its proper use.
The Customer undertakes to respect the instructions for use provided by the Seller. The Seller cannot be held responsible for damage caused by improper use of the Products by the Customer or by a third party.
The Products offered for sale comply with the cosmetic regulations in force, following the provisions of Regulation (EC) No. 1223/2009 of the European Parliament and of the Council of November 30, 2009 relating to cosmetic products and the Grand-Ducal Regulation of 18 July 2013 relating to cosmetic products.
4. Price
The Seller reserves the right to modify its prices at any time by publishing them online.
Only the prices indicated and the taxes in force at the time of the order will apply, subject to availability on that date.
Prices are indicated in euros and do not take into account any delivery costs, which are indicated and invoiced in addition before validation of the order by the Customer.
The total amount of the order (all taxes included) and, where applicable, delivery costs are indicated before final validation of the order form.
5. Order online
The Customer can complete an order form online, using an electronic form. By completing the electronic form, the Customer accepts the price and description of the products or services.
For their order to be validated, the Customer must accept these General Terms and Conditions by clicking on the location indicated.
The Customer must provide a valid email address, billing details and, where applicable, a delivery address. Any exchange with the Seller may take place using this email address.
In addition, the Customer must choose the delivery method and validate the payment method.
The Seller reserves the right to block the Customer's order in the event of non-payment, incorrect address or any other problem on the Customer's account, until the problem is resolved.
6. Order confirmation and payment
The Seller remains the owner of the items ordered until full payment for the order has been received.
has. Payment
The Customer makes payment at the time of final validation of the order using the chosen payment method. This validation serves as a signature.
The Customer guarantees to the Seller that he has the necessary authorizations to use this payment method and acknowledges that the information given for this purpose constitutes proof of his consent to the sale and to the payment of the sums due under the order.
The Seller has put in place a procedure for verifying orders and means of payment intended to reasonably guarantee against any fraudulent use of a means of payment, including by asking the Customer for identification data.
In the event of refusal of authorization for payment by credit card from accredited organizations or in the event of non-payment, the Seller reserves the right to suspend or cancel the order and its delivery.
The Seller also reserves the right to refuse an order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
b. Confirmation
Upon receipt of validation of the purchase accompanied by payment, the Seller sends it to the Customer, as well as an invoice, unless the latter is delivered with the order.
The Customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to customer service ( contact.fleursdepeau.com ) before delivery.
In the event of unavailability of a service or product, the Seller will keep the Customer informed by email as soon as possible in order to replace it or cancel the order for this product and possibly reimburse the related price, the remainder of the order remaining firm and final.
7. Proof
Communications, orders and payments between the Customer and the Seller can be proven using computerized records, kept in the Seller's computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
8. Delivery
Delivery is only made after confirmation of payment by the Seller's banking organization.
The products are delivered to the address indicated by the Customer on the online form serving as an order form. Additional costs arising from incomplete or incorrect information by the Customer will be invoiced to the Customer. For reasons of availability, an order may be subject to several successive deliveries to the Customer.
Delivery takes place, according to the method chosen by the Customer, within the following deadlines:
Depending on your location, delivery times may vary from 2 to 7 working days.
Delivery times are indicative. No compensation can be claimed from the Seller or the carrier in the event of late delivery. If delivery times exceed thirty days from the order, the sales contract may however be terminated and the Customer reimbursed.
has. Verification of the order
Upon receipt of the products, the Customer or recipient checks the good condition of the product delivered or the conformity of the service provided.
In the event that one or more products ordered are missing or damaged, the Customer or recipient must make the necessary reservations to the carrier at the time of delivery and immediately notify the Seller.
The verification is considered to have been carried out when the Customer or a person authorized by him has received the order without expressing reservations.
Any reservation not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the Seller from any liability towards the Customer.
b. Delivery error
In the event of a delivery error or non-compliance of the products with the indications appearing on the order form, the Customer informs the Seller within three working days following the delivery date.
Any complaint not made within the allotted time cannot be taken into account and will release the Seller from any liability towards the Customer.
vs. Returns and exchanges
The product to be exchanged or refunded must be returned to the Seller as a whole and in its original packaging, according to the following terms:
Returns are the responsibility of the customer, they must be returned within..... to the following address SoEasyLog Company - E-commerce Logistics, 4 Rue Louis Saillant, 93600 Aulnay-sous-Bois, France.
The customer is required to inform the seller of the reasons for returns by email to the following address: contact.fleursdepeau@gmail.com
Any complaint and any return not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the Seller from any liability towards the Customer.
Any product to be exchanged or refunded must be returned to the Seller as a whole and in its original packaging. Return costs are the responsibility of the Customer.
9. Guarantees
The Seller guarantees the conformity of the products or services with the contract in accordance with the law in force at the time of its conclusion.
has. Guarantee of conformity
If the Customer is a consumer, he has a period of two years from delivery of the product to implement the legal guarantee of conformity. Notwithstanding, if the product purchased was a second-hand good, the warranty period is one year.
The lack of conformity must be reported to the Seller as soon as possible and, in any event, no later than two months after its discovery.
10. Right of withdrawal
If the Customer is a consumer, he may exercise his legal right of withdrawal within 14 working days following delivery of the goods or conclusion of the service contract.
After having communicated his decision to withdraw, by completing the withdrawal form, the Customer then has 14 days to return or return the goods.
Any withdrawal not carried out according to the rules and deadlines defined by this article cannot be taken into account and will release the Seller from any liability towards the Customer.
The Customer may request a refund of the returned product, without penalty, with the exception of return costs which remain his responsibility.
The return or exchange of the product can only be accepted for the products as a whole, intact and in their original condition, in particular with complete packaging, intact and in salable condition.
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Withdrawal form template To the attention of : Lux-Médical Consulting S.à rl-S 15, rue des Anémones Company number (BCE/VAT): 20192421951 - LU31342455 E-mail : ________ Phone : ________ I/We (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the goods (*)/for the provision of services (*) below: ________________________________ ________________________________ ________________________________ Ordered on (*)/received on (*): __________ Name of consumer(s): __________ Address of the consumer(s): __________ Signature of the consumer(s) (only if this form is notified on paper): ____________________ Date : __________ *Delete the unnecessary |
10. Data protection
The Seller will keep in its computer systems and under reasonable security conditions proof of the transaction including the order form and the invoice.
The Seller guarantees its Customer the protection of the latter's personal data in accordance with the Privacy Charter available on the Platform.
11. Force majeure
If the Seller is prevented, in whole or in part, from carrying out the order due to an unforeseen circumstance beyond its control, then it is a question of force majeure.
In the event of force majeure, the Seller is authorized to suspend execution of the order, in whole or in part, for the duration of the force majeure. The Seller immediately notifies the Customer.
If the force majeure lasts for more than 90 days without interruption, each party to the contract will have the right to terminate the contract unilaterally, by registered letter sent to the other party. Services already carried out by the Seller will nevertheless be invoiced proportionately to the Customer.
12. Independence of clauses
The illegality or total or partial nullity of a provision of these General Terms and Conditions will have no impact on the validity and application of other provisions. The Seller reserves the right to replace the illegal or void provision with another valid provision of similar scope.
13. Applicable law and competent jurisdiction
These General Terms and Conditions are governed by Belgian law.
In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the courts of the judicial district of the Seller's head office.
