Condiciones de venta
Terms and Conditions of Sale
Article 1 – Definitions
These General Terms and Conditions of Sale (hereinafter the “Terms and Conditions”) are offered by the company Lunasa.
The following definitions shall apply:
“Site”: the website “https://lunasa-flo.com” and all of its pages, exclusive property of the Company.
“Products” or “Services”: all products (goods) and services available for purchase or subscription on the Site.
“Seller”: Lunasa, legal or natural person offering its Products or Services on the Site.
“Customer”: the internet user, private individual or professional, purchasing Product(s) or Service(s) on the Site.
“Consumer”, in accordance with the preliminary article of the French Consumer Code: “any natural person acting for purposes that do not fall within the scope of their commercial, industrial, artisanal or liberal activity”.
The internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these Terms and Conditions carefully, print and/or save them on a durable medium before placing an order on the Site.
The Customer acknowledges having read and fully accepted these Terms and Conditions.
Article 2 – Application of the Terms and Conditions and Purpose of the Site
The Seller reserves the right to modify the Terms and Conditions at any time by publishing a new version on the Site.
The applicable Terms and Conditions are those in force on the day of the Customer’s order on the Site.
Legal information concerning the host and publisher of the Site, the collection and processing of personal data and the terms of use of the Site are provided in the legal notice, privacy policy and terms of use of this Site.
This Site offers online sale of wellness and lifestyle products.
The Site is freely accessible to any Customer. The purchase of a Product or Service implies full acceptance of these Terms and Conditions by the Customer, who acknowledges having fully understood them. This acceptance may consist, for example, of ticking the box corresponding to the phrase accepting these Terms and Conditions, such as “I acknowledge having read and accepted all the general conditions of the Site”. Ticking this box shall have the same value as a handwritten signature.
Acceptance of these Terms and Conditions implies that Customers have the legal capacity required to do so. If the Customer is a minor or lacks legal capacity, they declare having authorization from a guardian or legal representative.
The Customer acknowledges the evidentiary value of the Seller’s automatic recording systems and waives the right to contest them in the event of a dispute, unless proof to the contrary is provided.
Any Product order implies unconditional acceptance by the Customer and full adherence to these Terms and Conditions, which prevail over any other document: catalogs, advertisements, notices, unless expressly agreed otherwise in writing beforehand by the Company.
Article 3 – Customer Service
Customer service for this Site is available by email at: contact@lunasa-flo.com, by contact form or by postal mail to the address indicated in the legal notice. The Customer must indicate in the email their first name, last name, the subject of the request and the order number.
For professional requests (partnerships, media, contract proposals), the Company can only be contacted by email at contact@lunasa-flo.com.
Article 4 – Order Subscription Procedures and Description of the Purchase Process
The Products and Services offered are those appearing in the catalog published on the Site. Each product is accompanied by a description established by the Seller based on the descriptions provided by the supplier.
The photos displayed on the Site are non-contractual and may differ significantly from the photographed models. These differences may result from screen settings, lighting conditions, camera angles, etc.
The “Cart” refers to the virtual object grouping together all Products or Services selected by the Customer for purchase after clicking on them. To place an order, the Customer selects the Product(s) they wish to purchase by adding them to the Cart, whose contents may be modified at any time.
The Customer places the Order via the Site: the Customer records and validates the Order on the Site.
To place an order on the Site, the Customer freely selects one or more Products from the Site catalog by clicking the “Add to Cart” button. On the “Cart” page, the Customer can review the details of the Order and correct any errors before confirming it.
On the “Information” page, the Customer must enter their contact details. They may choose to receive order tracking emails by ticking the required box.
On the “Shipping” page, the Customer must select the proposed shipping method.
On the “Confirmation” page, the Customer must enter their payment information and billing address. The Customer may also enter a promotional code if they have one.
A full summary of the Order is displayed. The Customer may modify all elements before finalization. The Customer is responsible for any errors relating to the Order, Products or contact information.
The sale is validly concluded when the Customer confirms the Order by clicking the “Complete my order” button, accepts the Terms and Conditions and proceeds with payment according to the chosen method, subject to exercising the right of withdrawal.
The validation date of the order corresponds to the date of receipt of full payment including taxes.
Article 5 – Prices and Payment Terms
Unless otherwise stated, prices displayed in the catalog are in Euros including all taxes (VAT included), excluding any processing and shipping fees.
Lunasa reserves the right to apply any change in VAT rate to Product or Service prices. The Seller also reserves the right to modify prices at any time. However, the price applicable to the Customer is the one displayed on the day of the order.
The Customer may pay by credit card, Bancontact, Apple Pay or PayPal. Credit card payments are processed through secure transactions provided by an online payment service provider.
The Site has no access to the Customer’s payment data. Payment is made directly between the Customer and the bank or payment provider. In the event of payment by bank transfer, delivery times only begin upon actual receipt of payment by the Seller.
Lunasa will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. Computerized records shall be considered proof of communications, orders, payments and transactions between the parties.
Article 6 – Deliveries
Shipping fees are indicated before payment. The Site has no geographical delivery limitations and orders may be shipped worldwide. Delivery times indicated at checkout are for informational purposes only and remain dependent on postal delays or exceptional circumstances preventing delivery.
In the event of delivery outside the European Union or to overseas territories, the Customer declares themselves the importer and accepts that the Seller may be materially unable to communicate the exact amount of customs duties or import taxes applicable in the destination country.
Unless otherwise specified during the ordering process or in the Product description, the Seller undertakes to deliver Products within a maximum of thirty (30) days after conclusion of the contract with a Consumer Customer.
In the event of hand delivery, the Customer may refuse a package upon delivery if they notice an anomaly concerning the delivery (damage, missing Product compared to the delivery note, damaged package, broken Products, etc.); any anomaly must then be indicated by the Customer on the delivery note in the form of handwritten reservations accompanied by the Customer’s signature.
In the event of delivery to a mailbox, the Customer agrees to immediately inspect the package and contact Lunasa support if any anomaly is noticed.
If the Customer’s package is returned to the Seller by the postal service or another delivery provider, the Seller will contact the Customer upon receipt of the returned package to determine the next action regarding the order.
Article 7 – Right of Withdrawal and Withdrawal Form
The Consumer Customer has fourteen (14) business days from the date of receipt of the Product to exercise their right of withdrawal.
The Product must be returned in perfect condition, sealed and unused.
Withdrawal Form
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of:
Lunasa
Order number:
First name / Last name:
Phone number:
Email address:
Postal address:
Reason for complaint:
Exchange* (mention the desired product)
Refund* (attach full bank details including IBAN and BIC)
Signature of the Customer(s):
Date:
(*) Delete as appropriate.
Article 8 – Product Warranty
The legal guarantee of conformity applies independently of any commercial warranty that may be granted.
All items purchased on this Site benefit from legal guarantees provided by applicable laws.
In the event of non-conformity of a delivered Product, it may be returned to the Seller who will exchange it. If exchange is impossible, the Customer will be refunded for the amount of the order.
Article 9 – Liability
Lunasa shall not be held liable for failure to perform the contract due to force majeure.
The Customer expressly acknowledges using the Site at their own risk and under their exclusive responsibility.
The Seller shall not be held liable for:
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any direct or indirect damage resulting from use of the Site,
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any malfunction or unavailability of access,
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inaccuracies or incomplete information displayed on the Site.
Article 10 – Force Majeure
In accordance with Article 1218 of the French Civil Code, events beyond the control of the parties that could not reasonably have been foreseen or avoided shall be considered cases of force majeure.
The occurrence of a force majeure event shall automatically suspend execution of the Order.
Article 11 – Intellectual Property Rights
All elements of this Site belong to Lunasa or are used with authorization from their owners.
All texts, illustrations, images, logos and content reproduced on the Site are protected by intellectual property rights.
Any total or partial reproduction of the Site without prior written authorization is strictly prohibited.
Article 12 – Processing of Personal Data
The Company collects Customer data:
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to process and monitor orders,
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to contact Customers regarding updates and customer relations,
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to improve the Site and Products.
Collected data is processed by contractual service providers and Shopify Inc.
In accordance with GDPR regulations, the Customer has the right to access, modify, rectify or delete their personal data.
The Customer may exercise these rights by email at contact@lunasa-flo.com.
Article 13 – Comments and User Submissions
If the Customer sends ideas, proposals or comments, whether online, by email, by post or otherwise, the Customer grants the Company the right to use, edit, publish and distribute such comments without restriction.
The Company is under no obligation:
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to maintain comments confidential,
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to pay compensation for comments,
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to respond to comments.
Article 14 – Severability
If any provision of these Terms and Conditions is deemed unlawful, void or unenforceable, the remaining provisions shall remain valid and enforceable.
These Terms and Conditions replace all prior agreements.
Article 15 – Applicable Law and Mediation
These Terms and Conditions are governed by French law.
Any dispute relating to the interpretation or execution of these Terms and Conditions may be submitted to mediation at the Customer’s request.
The Customer must first attempt to resolve the dispute directly with Lunasa through a written complaint.
Mediation is free of charge for the Customer.
The parties remain free to submit their dispute before a competent court.