General terms and conditions of sale & use
GENERAL TERMS AND CONDITIONS OF SALE & USE
These General Terms and Conditions of Sale are concluded between MY LUBIE, SAS with a capital of €1,087.48, registered in the Paris Trade and Companies Register under number 889 812 210, having its registered office at 93 rue des Martyrs 75018 PARIS 18 FRANCE (hereinafter referred to as "MY LUBIE"), on the one hand, and on the other hand, any person who has made a purchase on the www.mylubie.com website, hereinafter referred to as "the Customer". Any purchase on the site www.mylubie.com (hereinafter the "Site") automatically entails acceptance of all of these conditions.
ARTICLE 1 - DEFINITIONS
Customer: means any user who purchases a Product through the Site and/or who has a personal account on the Site.
Order: means the process of selecting the Products that the Customer wishes to purchase and have 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 to be paid. Once the Order has been finalised, MY LUBIE shall proceed to ship the Products ordered in accordance with the terms and conditions of these Terms and Conditions.
Contract: means these GTC and any special conditions applicable to certain promotional operations. Consequently, the Customer waives the right to rely on any contradictory document that may be in conflict with the Contract, and which may consequently not be enforced against MY LUBIE.
Personal Data: shall mean all personal information relating to the Customer as a natural person that the Customer provides when placing an Order.
Parties: refers jointly to MY LUBIE and the Users of the Site.
Products: shall designate all products available for sale on the Site.
User: refers to any individual or legal entity accessing the Site, whether or not they are a Client.
ARTICLE 2 - PURPOSE OF THE GCV AND CURRENT VERSION
2.1. The purpose of these Terms and Conditions 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 shall apply to relations between Users and between Users and MY LUBIE. All Users undertake to comply, without restriction or reservation, with these GTC, whether they visit the Site or place an Order. The GTC shall be 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 shall inform the User of such changes by any means, and the User 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 T&Cs implies the acceptance of the modifications of the latter by the User.
Successive versions of the T&Cs will be accessible from the Site.
2.4. The version of the T&Cs that prevails is the latest version available on the Site.
2.5. The version applicable to an Order is the one in effect on the date the Order is placed.
Each new Order requires the acceptance of the GTC by the Customer, which the latter acknowledges and accepts.
If Users do not agree to the T&Cs or any subsequent modifications, they must discontinue all use of the Site.
2.6. The User declares that he/she has obtained from MY LUBIE, prior to placing his/her Order, all the information concerning the Products and the delivery methods. 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 who has the legal capacity to place an Order on the Web site. Otherwise, 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 notice. The prices applied to the Customer correspond to those displayed on the Site at the time of the Order.
ARTICLE 4: PRESENTATION OF THE ARTICLES
The User is informed that photographs of the Products appear on the Site, which he/she may consult freely.
MY LUBIE guarantees that these photographs were taken under standard conditions for the sector in question, with the Products themselves.
MY LUBIE shall make 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 the photographs available on the Site.
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: [email protected].
The User declares that he/she is fully aware of the provisions of this article, and expressly agrees not to hold MY LUBIE 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 shopping cart.
It is not necessary to create a personal account on the Site in order to place an Order. On the other hand, some of the Customer's personal data is required for MY LUBIE to properly process the Order.
If the Customer so desires, he or she may create a personal account that will enable him or her to track the history of his or her Sales Order(s) on the Web site as well as the corresponding confirmations and invoices. Certain personal data is required to create a personal account.
The Client is responsible for providing complete, up-to-date and accurate information; MY LUBIE shall not 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.
The description of the Products is available to the Customer on the Site, which the Customer accepts and acknowledges.
Once the Order has been finalised, MY LUBIE shall confirm that the goods have been collected by sending an e-mail to the Customer at the address indicated in the Order.
The Order shall be validated once payment has been made in full and received by MY LUBIE.
MY LUBIE shall send the Customer an invoice by e-mail to the address provided at the time of the Order. The Customer is advised to save or print the invoice and keep it.
MY LUBIE undertakes to honour validated Orders within the limits of available stocks.
In the event that one or more Products are unavailable after the Sales Order has been placed, the Customer will be informed by e-mail.
The Customer will have the choice to be reimbursed the amount corresponding to the unavailable Products, or to be delivered when the concerned Products will be in stock again (except definitive withdrawal from the catalog).
In any event, MY LUBIE shall not be held responsible for any loss suffered by the Customer, nor shall it be liable for any damages.
MY LUBIE may modify the range of products offered for sale on the Site at any time, without prejudice to the Orders placed by the Customer.
ARTICLE 6 : DELIVERY
Delivery charges shall be specified on the Web Site, including all taxes, during the Order process and shall be accepted by the Customer at the time of validation of the Order.
They will appear on a specific line separate from the one specifying the price of the Products.
It is expressly specified that the amount of the delivery charges may vary according to the territory of delivery of the Products, which the Customer acknowledges and expressly 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 time limits specified during the Product Order process and prior to the validation of said Order. The delivery times are also reminded in the Order confirmation e-mail sent to the Customer.
Delivery times include the preparation and shipment of the Order, as well as the time required to deliver the Products to the delivery point (Customer's postal address or delivery point).
In the absence of any indication on the Site of a delivery deadline for the Products, MY LUBIE undertakes to deliver them within a maximum period of 30 (thirty) days from the date of the Order validation email sent to the Customer by MY LUBIE. In this case, the Products in question shall be delivered within the period indicated on the Site and recalled at the time of the Order.
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 Website may therefore be affected by the service providers, without MY LUBIE being liable for such delays in delivery and the consequences thereof.
When the delivery is made against a signature, the latter is proof of the proper receipt of the package. The transfer of risk and responsibility for the Products is carried out upon receipt of the Products by the Customer. As of this date, the Customer shall be solely and exclusively responsible for them, as well as for their use and any consequences that may arise from them. Consequently, the Customer undertakes to verify, 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 shall refuse to accept the Order and to sign any supporting documents. Any Order received against Customer's signature shall be deemed to be complete and in perfect condition at the time of delivery.
ARTICLE 7: PAYMENT
The Customer pays on the site www.mylubie.com by credit card of the Visa and Mastercard networks.
Payment in 3X 4X: the customer hereby accepts Oney's legal notice accessible from here : https://f.
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, or whose packaging has deteriorated will not be accepted), to request a refund without penalty.
The Customer must therefore place the unopened package containing the product in a suitable package 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 that identifies the Order in question and its owner.
The return of the Product is made at the Customer's risk. If the package is lost, stolen or damaged during the return of the Product, MY LUBIE reserves the right to refuse to refund 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 person to whom the delivery was made. 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 through the use of cookies. This type of collection is considered in section 9.2 below.
When placing an Order, certain personal data must be provided by the Customer and collected by MY LUBIE. This information includes the Customer's last name, 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.
It may be transmitted to MY LUBIE's commercial partners who contribute to the delivery of the Products and the making 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.
The said data are kept for the time necessary for the purposes for which they are collected and processed, namely 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, under the conditions set out below, one of the rights granted to him by the law.
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.
In the event that the Customer no longer wishes 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's employees who are authorised to process such data by virtue of their duties. 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 accordance 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 the 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 the rights of defence, etc.).
In accordance with the applicable legal and regulatory provisions, in particular Law No. 78-17 of January 6, 1978, as amended, relating to data processing, files and freedoms and European Regulation No. 2016/679/EU of April 27, 2016, the User has the right to access, rectify, portability and deletion of his or her data or to limit the processing. He may also, for legitimate reasons, object to the processing of data concerning him.
The User may thus demand that personal data concerning him/her that is inaccurate, incomplete, equivocal or out of date be rectified, completed, clarified, updated or deleted. The User's personal data shall also be 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 the portability of his personal data, recover those concerning him for his personal use, or request that they be transferred to a third party, if this is technically feasible. Each User may also object, on legitimate grounds, to the processing of his or her data, and request that the processing of the data be limited.
To exercise these rights, the User must send a request to the following postal address MY LUBIE 93 rue des Martyrs 75018 PARIS 18 FRANCE, or by e-mail to [email protected] indicating his/her first and last name. MY LUBIE may ask the User to prove his/her identity by enclosing any necessary document, in particular a copy of his/her identity card or passport.
MY LUBIE shall use the means at its disposal to process requests relating to Users' personal data.
In the event of a security breach on the Site or loss of personal data relating to Users, MY LUBIE shall inform them by e-mail under the applicable legal conditions. It shall take all necessary measures, within the limits of its human, material and financial resources, to remedy the breach and ensure the security of the data.
Users also have a right to complain, which they can exercise 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 set 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 the use of the Site.
The cookies installed by MY LUBIE are deleted from the Customer's computer terminal after a period of 13 months.
The User may oppose their implementation and/or delete them by following the procedure indicated on his browser.
In this respect, MY LUBIE obtains the express consent of Users to the use of these cookies and uses them in accordance with the 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 the browsing history of Users.
ARTICLE 10: VOUCHERS/CREDITS
The vouchers sent by MY LUBIE may be used for 1 year on all the Products offered on the Site. Vouchers cannot be combined with each other or with promotional codes.
ARTICLE 11: PROMOTIONAL CODES
Promotional codes apply to non-rebate base prices only. Promotional codes cannot be combined with each other or with vouchers. Promotional codes may be used once per customer account unless otherwise instructed by MY LUBIE. These codes are not refundable during an exchange.
ARTICLE 12: INTELLECTUAL PROPERTY
Without this list being exhaustive, the "MY LUBIE" brand as well as its derivatives and variations, the logos, the graphic charter, the layout, the information, the presentation and the content of the Site, are the exclusive property of MY LUBIE. The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, trademarks, databases, etc.) relating to the Website are also protected by all intellectual property rights or database producers' rights in force, of which MY LUBIE is the sole holder or rights holder. Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the prior written authorisation of MY LUBIE is 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, graphic design, layout, information, presentation and content of the Site is prohibited.
Browsing the Site does not entail any transfer of intellectual property rights to the User. MY LUBIE grants the User a right of access and consultation of the Site only, under 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 damage to the reputation and image of the Customer, or loss of data that may arise from the use of the Site.
In the event that MY LUBIE's liability should be established and retained due to 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 his use of the Site is at his own risk. The Site is provided "as is" and is accessible without any guarantee of availability and regularity.
MY LUBIE shall make 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 acts of malicious intent or any damage to MY LUBIE's hardware or software.
13.3 MY LUBIE shall in no event 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 Website has the technology necessary to access and use it, 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 guarantee, either explicit or implicit, as to the operation of the Site, including 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 Website, the services or contents offered, as well as the right to eliminate, limit, suspend or prohibit access to them, temporarily or permanently.
13.5. MY LUBIE shall not be held liable for the obligations under these GTCs 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, regardless of 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 damage, such as, for example, a commercial disturbance, loss of clientele, etc., shall not entitle the User to compensation.
In any event, MY LUBIE's liability in the event of damage caused to the Customer, for any reason whatsoever, shall be expressly limited and shall in no event exceed the total amount, exclusive of tax, of the Customer's Order placed hereunder.
13.6. The Customer undertakes to use the Products in strict compliance with the instructions for use provided by MY LUBIE. Consequently, MY LUBIE shall not be held liable in the event of non-compliant use of the Products by the Customer or a third party.
ARTICLE 14: LEGAL GUARANTEE
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 and following of the French Consumer Code) and the guarantee of hidden defects (articles 1641 and following of the French Civil Code), allowing Customers to return defective and non-conforming Products without charge.
14.1 Warranty against hidden defects.
In accordance with Articles 1641 et seq. of the French Civil Code, MY LUBIE is bound by the warranty for hidden defects in the Products sold that render them unsuitable for or significantly affect the use for which they are intended. The Customer may bring an action on the basis of a latent defect within a period of two years from the discovery of the defect.
Within the framework of the legal guarantee of hidden defects, MY LUBIE, according to the Customer's choice, undertakes, after appreciation of the defect, either :
- to refund the full price of the Product concerned;
- to refund a part of the price of the Product if the Customer decides to keep it.
14.2. Legal guarantee 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, namely:
- Products corresponding to the description given by MY LUBIE ;
- Products with the qualities that the Customer may legitimately expect in view of MY LUBIE's statements.
The Customer may bring an action on the basis of a lack of conformity within two years from the delivery of the Products, it being understood that any lack of conformity appearing within two years from the delivery is deemed to have existed from the delivery.
Within the framework of the legal guarantee of conformity, MY LUBIE, depending on the Customer's choice, undertakes, after assessment of the defect, either :
- to refund the price of the Product concerned; - to exchange the Product for a Product in conformity with its Order, if possible.
ARTICLE 15: COMPLAINTS - INFORMATION
Any complaint or request for information relating to these GTS must be addressed to Customer Services by e-mail to the following address: [email protected].
ARTICLE 16 - Miscellaneous provisions
16.1. Partial invalidity
If one or more provisions of these GTC are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent jurisdiction, the other provisions shall 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 GTC shall not be interpreted for the future as a waiver of the obligation in question. 17.3. Mediation
In the event of a dispute relating to an Order, the Customer shall first contact MY LUBIE, in order to find an amicable solution, by email at [email protected].
Referral to the mediator may only be made after the Customer has taken prior written steps with MY LUBIE.
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 is accessible 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 provided.
In the absence of an amicable solution and whatever the origin of the conflict, disputes relating to the execution or interpretation of these GTCs will 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.
