Terms & Conditions
TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale are entered into between MY LUBIE, SAS with capital of 1,384.15 €, registered in the Paris Trade and Companies Register under number 889 812 210, with registered offices at 42 rue de Maubeuge 75009 Paris FRANCE (hereinafter referred to as "MY LUBIE"), and any person having made a purchase on the www.mylubie.com website , hereinafter referred to as "the Customer". Any purchase from the www.mylubie.com site (hereinafter the "Site") automatically implies acceptance of all of these terms and conditions.
ARTICLE 1 - DEFINITIONS
- Customer: designates any user who purchases a Product via the Site and/or who has a personal account on the Site.
- Order: designates the process whereby the Customer selects the Products he/she wishes to purchase and have them delivered. An Order is finalized when the Customer has selected the Products he/she wishes to have delivered, as well as the delivery options, and when he/she has paid the amount due. Once the Order has been finalized, MY LUBIE will ship the Products ordered in accordance with the terms and conditions of these GCS.
- Contract: means the present GTC and any special conditions applicable to certain promotional operations. The Customer hereby waives the right to take advantage of any contradictory document that may conflict with the Contract, and which may consequently be unenforceable against MY LUBIE.
- Personal Data: refers to all personal information relating to the Customer, a natural person, provided by the Customer at the time of the Order.
- Parties: refers jointly to MY LUBIE and the Users of the Site.
- Products: refers to the products available for sale on the Site.
- User : refers to any individual or legal entity accessing the Site, whether a Customer or not.
ARTICLE 2 - PURPOSE OF THE TERMS AND CONDITIONS AND CURRENT VERSION
2.1. The purpose of these General Terms and Conditions of Sale is to define the conditions under which Users may access the Site, place Orders and manage the relationship between MY LUBIE and Users, including all rights and obligations arising therefrom.
2.2 They apply to relations between Users and between Users and MY LUBIE. All Users undertake to respect, without restriction or reservation, these GCS, whether they visit the Site or place an Order. The GCS are notified to Users for acceptance prior to any Order on the Site.
2.3 MY LUBIE is free to modify these GTC at any time and without prior notice, in particular in order to take into account any legal, jurisprudential and/or technical developments. MY LUBIE will inform the User by any means, who must accept the new GTC. In any case, the fact that the User continues to use the Site after being informed of the modification of the GCS implies acceptance of the modifications of the latter by the User.
Successive versions of the GCS will be accessible from the Site.
2.4. The version of the GTC that prevails is the latest version available on the Site.
2.5. The version applicable to an Order is that in force on the date the Order is placed.
Each new Order requires acceptance of the GCS by the Customer, which the latter acknowledges and accepts.
If Users do not accept the GCS or any subsequent modifications, they must refrain from using the Site.
2.6. The User declares that, prior to placing an Order, he/she has obtained from MY LUBIE all information concerning the Products and delivery terms. The User declares that he/she is solely responsible for the choice of Products and their suitability for his/her needs.
2.7. The User must be a duly represented legal entity or a natural person of legal age to place an Order on the Site. Failing this, he/she must have the authorization of his/her legal representative to place an Order, which he/she expressly acknowledges and accepts.
ARTICLE 3: PRICES
All prices presented on the Site are in euros and include all taxes. MY LUBIE reserves the right to modify its prices without prior notice. The prices applied to the Customer correspond to those displayed on the Site at the time of the Order.
ARTICLE 4: PRESENTATION OF ITEMS
The User is informed that photographs of the Products appear on the Site, which the User may freely consult.
MY LUBIE guarantees that these photographs have been taken under standard conditions for the sector in question, with the Products themselves.
MY LUBIE makes its best efforts to ensure that the photographs of the Products are as close as possible to the Products actually delivered to the Customer (color of the Products in particular). Nevertheless, MY LUBIE cannot guarantee that the Products will be exactly identical to the photographs, in particular due to the technical constraints of making photographs available on the Site.
Furthermore, MY LUBIE makes every effort to present and describe its Products as accurately as possible. Nevertheless, subject to providing a faithful presentation of the essential qualities of its Products, MY LUBIE cannot guarantee exhaustive communication of all the characteristics of each Product. The User who wishes to receive further information about a Product is invited to contact Customer Service at the following address: hello@mylubie.com
The User declares that he/she is fully aware of the provisions of the present article, and hereby expressly accepts that MY LUBIE shall not be held liable in this respect, subject to the application of mandatory legal provisions (in particular the guarantee of conformity).
ARTICLE 5: ORDERING
The User may browse the Site without obligation to purchase.
To place an Order, the Customer selects the Products of his/her choice on the Site and adds them to his/her virtual basket.
It is not necessary to create a personal account on the Site in order to place an Order. However, MY LUBIE requires certain personal data from the Customer in order to process the Order.
If the Customer so wishes, he/she may create a personal account enabling him/her, in particular, to track the history of his/her Orders on the Site and to retrieve the corresponding confirmations and invoices. The creation of a personal account requires the Customer to provide certain personal data.
The Customer is responsible for providing complete, up-to-date and accurate information, and MY LUBIE cannot be held liable in this respect. The Customer is hereby informed that some of the information requested is mandatory for the proper execution of the Order placed, which the Customer expressly acknowledges.
Product descriptions are available to the Customer on the Site, which the Customer accepts and acknowledges.
Once the Order has been finalized, MY LUBIE will confirm acceptance by sending an e-mail to the Customer at the address indicated on the Order form.
The Order is validated once payment has been made in full and received by MY LUBIE.
MY LUBIE will send the Customer a receipt by e-mail to the address given at the time of the Order. The Customer may request an invoice for his/her order directly at the following e-mail address: hello@mylubie.com. The Customer is advised to save or print the invoice and keep it.
MY LUBIE undertakes, as far as possible, to honour validated Orders within the limits of available stocks.
In the event of unavailability of one or more Products after the Order has been placed, the Customer will be informed by e-mail.
The Customer will have the choice of being reimbursed for the amount corresponding to the Products that are unavailable, or having the Products delivered when they are once again in stock (unless the Products are definitively withdrawn from the catalog).
In any event, MY LUBIE shall not be held responsible for any loss suffered by the Customer, nor liable for any damages.
MY LUBIE may modify the range of products offered for sale on the Site at any time, without prejudice to Orders placed by the Customer.
ARTICLE 6: DELIVERY
Delivery charges will be specified on the Site, inclusive of all taxes, during the Order process and must be accepted by the Customer at the time the Order is validated.
They will appear on a separate line from the price of the Products.
It is expressly specified that the amount of delivery charges may vary according to the territory in which the Products are delivered, which the Customer expressly acknowledges and accepts.
Delivery times are indicated on the Site and depend on the delivery method chosen by the Customer. Delivery times exclude Saturdays, Sundays and public holidays.
In application of article L. 216-1 of the French Consumer Code, the Parties agree that the Products will be delivered within the indicative times specified during the Product Order process and prior to the validation of said Order. Delivery times may also be indicated in the Order confirmation e-mail sent to the Customer.
Delivery times include the preparation and dispatch of the Order, as well as the time required to deliver the Products to the point of delivery (the Customer's postal address or delivery point).
In the absence of any indication on the Site of a delivery time for the Products, MY LUBIE undertakes to deliver them within a maximum period of 30 (thirty) days from the Order validation email sent to the Customer by MY LUBIE. In this case, the Products concerned will be delivered within the period indicated on the Site and reiterated at the time of the Order. This time limit is not applicable in the case of stock-outs, which are managed on a case-by-case basis by e-mail with the Customer.
However, as MY LUBIE uses external service providers (carriers, postal services, etc.) for the delivery of Products, MY LUBIE is totally dependent on these third-party service providers. The delivery times indicated on the Site may therefore be affected by the service providers, without MY LUBIE being liable for such delays in delivery and the consequences thereof.
When delivery is made against a signature, the latter is proof of correct receipt of the parcel. The transfer of risk and responsibility for the Products takes place upon receipt of the Products by the Customer. From this date onwards, the Customer shall be solely and exclusively responsible for them, as well as for their use and any consequences that may arise therefrom. Consequently, the Customer undertakes to check, at the time of delivery, that the Order delivered is complete, compliant and has not been damaged. If this is not the case, the Customer undertakes to refuse to accept the Order and to sign any supporting documents. Any Order received against signature by the Customer shall be deemed to be in conformity, complete and in perfect condition at the time of delivery.
ARTICLE 7 : PAYMENT
The Customer pays on the www.mylubie.com website by credit card from the Visa, Mastercard, Bancontact, Shop Pay or American Express networks.
Payment in instalments via Klarna: the customer hereby accepts Klarna's legal notice, which can be accessed here: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/fr_ch/user?_gl=1*hracze*_gcl_au*NTkxNzk3NzQuMTcyODU3Mjk1MQ...
ARTICLE 8 - RETRACTION
Pursuant to Articles L.221-5 et seq. of the French Consumer Code, the Customer has a period of 14 days from the date of delivery of the Order to return any new and unopened product, in its original packaging and in perfect condition (any product that is damaged, incomplete, damaged or whose packaging has deteriorated will not be taken back), to request reimbursement without penalty.
The Customer must therefore place the undamaged packaging containing the product in suitable packaging to which the return label will be affixed, before sending it by post. The Customer must also enclose a copy of the invoice or any other element enabling the Order and its owner to be identified.
The Product is returned at the Customer's risk. If the package is lost, stolen or damaged when the Product is returned, MY LUBIE reserves the right to refuse reimbursement of the returned Product(s).
Only the Customer identified as such to MY LUBIE may exercise this right, to the exclusion of any other person, and in particular the recipient of the delivery. The return address is: BX-LOGISTIQUE, 3 Rue de l'Artisanat, 70500 Jussey France
ARTICLE 9 - PERSONAL DATA
9.1. Personal data is collected by MY LUBIE when an Order is placed.
In addition, personal data is collected via cookies. This type of collection is described in article 9.2 below.
When placing an Order, certain personal data must be entered by the Customer and collected by MY LUBIE. This includes the Customer's surname, first name, e-mail address, postal address and, optionally, telephone number.
This personal data is processed automatically for the purpose of managing the Order and MY LUBIE's customer database, as well as for commercial prospecting and statistical purposes.
They may be transmitted to MY LUBIE's commercial partners who contribute to the delivery of the Products and the processing of payments, solely for this purpose, which the Customer expressly acknowledges and accepts.
In addition, as part of the online payment services used by MY LUBIE, these services collect certain personal data belonging to Customers on behalf of MY LUBIE.
Said data is kept for the period necessary for the purposes for which it is collected and processed, i.e. for the completion of the Order placed by the Customer, unless :
- a longer retention period is authorized or imposed by a legal or regulatory provision;
- the Customer has exercised one of his/her legal rights under the conditions set out below.
In addition, when the Customer has created a personal account, the personal data communicated for this purpose are kept until the account is deleted, which may be requested from MY LUBIE under the conditions described below.
Subject to the Customer's express acceptance by means of a checkbox, the Customer's email address may also be used by MY LUBIE for the purposes of registering and sending a newsletter and/or transmitting promotional offers.
Should the Customer no longer wish to receive newsletters and/or promotional offers, he/she may modify his/her choice by contacting MY LUBIE under the conditions set out below, or by using the unsubscribe links provided in the messages.
Access to personal data is strictly limited to MY LUBIE employees authorized to process such data by virtue of their position. The information collected may be communicated to third parties bound to MY LUBIE by contract for the performance of subcontracted tasks necessary for the management of the Order, without the Customer's authorization being required. It is specified that, in the context of the performance of their services, third parties have only limited access to the data and are contractually obliged to use it in compliance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, MY LUBIE undertakes not to sell, rent, transfer or give access to third parties to data without the Customer's prior consent, unless compelled to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of rights of defence, etc.).
In accordance with the applicable legal and regulatory provisions, in particular Act no. 78-17 of January 6, 1978, as amended, relating to information technology, files and freedoms, and European Regulation no. 2016/679/EU of April 27, 2016, the User has the right to access, rectify, port and delete his or her data, or to limit processing. He may also, on legitimate grounds, object to the processing of data concerning him.
The User may also request that personal data which is inaccurate, incomplete, equivocal or out-of-date be rectified, completed, clarified, updated or deleted. The User's personal data is also deleted when the User expressly withdraws his/her consent to the collection and processing of his/her personal data, subject to MY LUBIE's legal obligations. The User may also, under the right to portability of his/her personal data, retrieve the data concerning him/her for his/her personal use, or request that it be transferred to a third party, if this is technically feasible. Each User may also object, on legitimate grounds, to the processing of data concerning him or her, and request the limitation of data processing.
To exercise these rights, the User must send a request to the following postal address MY LUBIE 42 rue de Maubeuge 75009 Paris FRANCE, or by e-mail to hello@mylubie.com indicating his/her first and last name. MY LUBIE may ask the User to prove his/her identity, by enclosing with his/her request any necessary document, in particular a copy of his/her identity card or passport.
MY LUBIE will use its best endeavors to process requests relating to Users' personal data.
In the event of a security breach on the Site or the loss of personal data relating to Users, MY LUBIE will inform them by e-mail in accordance with the applicable legal conditions. It will take all necessary measures, within the limits of its human, material and financial resources, to remedy the breach and ensure data security.
Users also have the right to lodge a complaint with the national supervisory authority, the CNIL.
For more information about their rights, Users can click on the following link: https://www.cnil.fr/fr/comprendre-vos-droits.
9.2 MY LUBIE may use cookies on the Site. This is an automatic tracking process that records information relating to browsing on the Site, and stores information entered during visits to the Site in order to facilitate use of the Site.
Cookies installed by MY LUBIE are deleted from the Customer's computer terminal after a period of 13 months.
The User may object to their installation and/or delete them by following the procedure indicated on his/her browser.
As such, MY LUBIE collects the express consent of Users regarding the use of these cookies and uses them in accordance with legal provisions, including in particular the General Regulation on the Protection of Personal Data.
MY LUBIE uses these cookies solely to establish connection statistics and browsing histories for Users.
ARTICLE 10: VOUCHERS/CREDITS
Vouchers sent by MY LUBIE can be used for 1 year on all Products offered on the Site. Vouchers cannot be combined with each other or with promotional codes.
ARTICLE 11: PROMOTIONAL CODES
Promotional codes apply only to non-rebated base prices inclusive of tax. Promotional codes cannot be combined with each other or with vouchers. Promotional codes can be used 1 time per customer account unless otherwise instructed by MY LUBIE. These codes are not refundable in the event of an exchange.
ARTICLE 12: INTELLECTUAL PROPERTY
Without this list being exhaustive, the "MY LUBIE" brand as well as its derivatives and variations, logos, graphic charter, layout, information, presentation and content of the Site are the exclusive property of MY LUBIE. The systems, software, structures, infrastructures, databases and content of all kinds (text, images, visuals, music, logos, trademarks, databases, etc.) relating to the Site are also protected by all intellectual property rights or database producers' rights in force, of which MY LUBIE is the sole owner or holder of the rights. All disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the prior written authorization of MY LUBIE are strictly prohibited and may be subject to legal action.
Any reproduction or representation, in whole or in part, of the Site or its component parts, such as, but not limited to, trademarks, logos, graphics, layout, information, presentation and content of the Site, is prohibited.
Browsing the Site does not imply any transfer of intellectual property rights to the User. MY LUBIE grants the User the right to access and consult the Site solely in accordance with the terms and conditions set forth in these GTC.
ARTICLE 13: LIMITATION OF LIABILITY
13.1 MY LUBIE declines all responsibility for damages of any nature whatsoever, resulting in particular from the use of the Site or the Ordering of Products, including any damage to the reputation and image of the Customer, or any loss of data that may occur as a result of the use of the Site. In the event that MY LUBIE's liability were to be established and retained as a result of a loss suffered by the Customer and exclusively to MY LUBIE, such liability shall be limited to the amount of the Order paid by the Customer to MY LUBIE.
13.2. The User acknowledges that use of the Site is at the User's own risk. The Site is provided "as is" and is accessible without any guarantee of availability or regularity.
MY LUBIE will use its best efforts to make the Site accessible 24 hours a day, seven days a week, except in the event of force majeure or an event beyond MY LUBIE's control, and subject to maintenance periods, possible breakdowns, technical hazards related to the nature of the network or malicious acts or any damage to MY LUBIE's hardware or software.
13.3 MY LUBIE shall under no circumstances be held liable for any interruption of all or part of the Website, regardless of the cause, duration or frequency of such interruption.
13.4. The Site is equipped with the technology necessary for its access and use, but the presence of viruses or other harmful elements, introduced by any means or by any third party, which may cause alterations to the User's computer systems, cannot be excluded.
MY LUBIE offers no explicit or implicit guarantee as to the operation of the Site, in particular any technical problems that may arise.
MY LUBIE reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Site, the services or content offered, as well as the right to eliminate, limit, suspend or prohibit access, temporarily or permanently.
13.5. MY LUBIE shall not be held liable for any of its obligations under these GCS in the event that the non-performance of its obligations is attributable to the act of a third party, even if foreseeable, to the fault of the Customer, or to the occurrence of an event of force majeure as defined by the French courts and Article 1218 of the Civil Code, or to any other event that was not reasonably under the exclusive control of MY LUBIE.
It is agreed that in the event that MY LUBIE's liability is called into question, whatever the basis and/or nature of the action, only direct and foreseeable damage may give rise to compensation. Thus, any indirect, consequential and/or incidental damages, such as, for example, a commercial disturbance, loss of clientele, etc., will not entitle the User to compensation.
In any event, MY LUBIE's liability in the event of damage caused to the Customer, for whatever reason, shall be expressly limited and shall in no event exceed the total amount, exclusive of tax, of the Customer's Order made hereunder.
13.6. The Customer undertakes to use the Products in strict accordance with the instructions for use provided by MY LUBIE. MY LUBIE shall not be held liable in the event of improper use of the Products by the Customer or a third party.
ARTICLE 14: LEGAL WARRANTY
In accordance with the provisions of the French Consumer Code, the Products marketed on the Site benefit from legal guarantees, i.e. the guarantee of conformity (articles L.217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code), enabling Customers to return defective and non-compliant Products free of charge.
14.1 Warranty against hidden defects.
In accordance with articles 1641 et seq. of the French Civil Code, MY LUBIE is liable for any hidden defects in the Products sold which render them unsuitable for or significantly affect the use for which they were intended. The Customer may bring an action on the basis of a latent defect within two years of discovery of the defect.
Within the framework of the legal warranty for latent defects, MY LUBIE, at the Customer's discretion, undertakes, after assessing the defect, either :
- refund the full price of the Product concerned ;
- refund part of the price of the Product if the Customer decides to keep it.
14.2. Legal warranty of conformity.
In accordance with Articles L.217-4 et seq. of the French Consumer Code, MY LUBIE is required to deliver Products that comply with each Customer's Order, i.e. :
- Products corresponding to the description given by MY LUBIE;
- Products with the qualities that the Customer may legitimately expect in the light of MY LUBIE's declarations.
The Customer may bring an action on the basis of a lack of conformity within a period of two years from delivery of the Products, it being understood that any lack of conformity appearing within a period of two years from delivery is deemed to have existed from delivery.
Within the framework of the legal warranty of conformity, MY LUBIE, according to the Customer's choice, undertakes, after assessment of the defect, either :
- to reimburse the Customer for the price of the Product concerned; - to exchange the Product for one that conforms to the Customer's Order, if this is possible.
ARTICLE 15: COMPLAINTS - INFORMATION
Any complaint or request for information relating to these GTS must be addressed to Customer Service by e-mail to the following address: hello@mylubie.com.
ARTICLE 16 - Miscellaneous provisions
16.1. Partial invalidity
If one or more stipulations of the present GTC are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
16.2. Non-waiver
The fact that one of the Parties does not claim from the other Party a breach of any of the obligations referred to in the GTS shall not be construed as a waiver of the obligation in question for the future.
17.3. Mediation
In the event of a dispute relating to an Order, the Customer must first contact MY LUBIE, in order to find an amicable solution, by e-mail at hello@mylubie.com.
Referral to the mediator may only be made after the Customer has first contacted MY LUBIE in writing.
In addition, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https: //webgate.ec.europa.eu/odr/.
16.4. Applicable law and jurisdiction
These GTC are governed by French law, unless otherwise stipulated.
In the absence of an amicable solution, and regardless of the origin of the dispute, any litigation relating to the performance or interpretation of these GTC shall be submitted to the competent courts of Paris, unless otherwise stipulated. For all practical purposes, it is specified that the time limits for taking legal action are not interrupted during the period in which an amicable solution is sought or mediation is requested.
