General Terms and Conditions of Sale

Preamble

Cisco, a limited liability company with its registered office at 59 avenue Victor Hugo 75116 Paris - France, is engaged in the distribution and online sale of products (e-commerce).

The Company offers, via its website accessible at https://www.lesluneides-shop.fr (the "Site"), an online sales system for these Products ("Online Sale").

The Online Sale of Products on the Site is governed by the general terms and conditions of sale set out below, which specify, in particular, the terms and conditions of ordering, payment, delivery, and handling of any returns of the ordered Products ("General Terms and Conditions of Sale").

The Company reserves the right to amend the General Terms and Conditions of Sale at any time by publishing a new version on the Site. The General Terms and Conditions of Sale in force are those in effect on the date the order is validated.

The Parties agree that their relationship shall be governed exclusively by these General Terms and Conditions of Sale, to the exclusion of any condition previously available on the Company's Site.

ARTICLE 1. DEFINITIONS

The terms and expressions referred to in the preamble and below mean, for the purposes of interpreting and executing these terms and conditions:

"Product": the cosmetic product or products offered for sale by the Company on the Site;

"Customer": a non-trading natural person placing the Order, and having full legal capacity;

"Order": the Customer's commitment to purchase the Products selected via the Site;

"General Terms and Conditions of Sale": shall have the meaning given to them in the preamble of these terms and conditions;

"Order Confirmation": shall have the meaning given to it in Article 6;

"Delivery Period": the period between the date the Order is validated and the date the Order is delivered to the Customer;

"Delivery Costs": the cost of the expenses incurred by the Company to deliver the Order to the Delivery address indicated by the Customer;

"Delivery Information": shall have the meaning given to it in Article 9;

"Delivery": the shipment of the ordered Products to the Customer;

"Delivery Method": refers to any delivery method (pickup point, office, home) available on the Site at the time the Order is placed;

"Parties": the Company and the Customer;

"Price": the unit value of the Product, this value being inclusive of all taxes;

"Total Price": the total amount of the cumulative Prices of the Products that are the subject of the Order, this amount being inclusive of all taxes;

"All-Inclusive Price": the Total Price to which the Delivery Costs are added, this amount being inclusive of all taxes;

"Site": shall have the meaning given to it in the preamble of these terms and conditions;

"Company": shall have the meaning given to it in the preamble of these terms and conditions;

"Order Validation": shall have the meaning given to it in Article 6;

"Online Sale": shall have the meaning given to it in the preamble of these terms and conditions;

Any reference to the singular includes the plural and vice versa.

ARTICLE 2. SUBJECT MATTER

These General Terms and Conditions of Sale aim to define the rights and obligations of the Parties in the context of the Online Sale of the Products offered for sale by the Company to the Customer.

ARTICLE 3. PRODUCT CHARACTERISTICS

The Products offered for sale by the Company are those listed on the Site on the day the Customer views the Site, subject to available stock. The Company undertakes to fulfill the Order only within the limits of available stock.

If the selected Products are unavailable after the Order is validated, the Company shall inform the Customer by email. The Order will be automatically canceled and no bank debit will be made or, if the debit has already been made, the order will be refunded.

The Company is not intended to sell its Products in large quantities. Therefore, the Company reserves the right to refuse orders of more than 10 identical items. Each Product offered for Online Sale on the Site is described and presented with the utmost care to best inform the Customer. The photographs and texts describing the Products are provided and drafted with as much detail as possible but cannot guarantee a perfect resemblance between the Product offered and the Product ordered. Any non-substantial discrepancies or errors, particularly technical or typographical, introduced therein shall in no way engage the liability of the Company or entitle the Customer to make a claim. The descriptions, presentations, and photographs on the Site do not form part of the contract. The Products offered for Online Sale on the Site comply with the regulations in force in France.

ARTICLE 4. SCOPE OF THE GENERAL TERMS AND CONDITIONS OF SALE

The General Terms and Conditions of Sale apply to orders placed for delivery in mainland France and Monaco.

The General Terms and Conditions of Sale are reserved for consumers only, within the meaning given by law and case law, acting exclusively for their own account and having full legal capacity.

In accordance with Articles L. 111-1 and L. 111-3 of the French Consumer Code, the essential characteristics and prices of the Products are available electronically on the Site. Furthermore, in accordance with Article L.121-19 of the French Consumer Code, the Customer receives, before and after the conclusion of the sale, the information provided for in Article L. 121-17 of the French Consumer Code, notably by means of the General Terms and Conditions of Sale, which apply to all sales of Products carried out by the Company through the Site.

The Customer declares to have read and understood these General Terms and Conditions of Sale and the information relating to the Products before the Order is validated, in accordance with Articles L.111-1 to L.111-8 of the French Consumer Code. The validation of the Order therefore constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale and brings about the creation of the Contract.

They are available to the customer on the site by clicking on the "General Terms and Conditions of Sale" link or provided by the Company upon the Customer's request. The Customer undertakes, prior to placing the order, to read these general terms and conditions of sale and to submit any questions they may have to the Company. The validation of the order therefore constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.

ARTICLE 5. ENTRY INTO FORCE AND DURATION

The General Terms and Conditions of Sale apply from the date the Order is validated and remain in effect until the expiration of the warranties and obligations due by the Company.

The General Terms and Conditions of Sale may be unilaterally amended by the Company at any time.

Any new version of the general terms and conditions of sale will be available for consultation on the website and will apply to orders placed after its publication.

ARTICLE 6. ORDERING PRODUCTS AND CONCLUSION OF THE ONLINE SALE

Placing an order on the site is subject to compliance with the procedure established by the Company, consisting of the following steps:

Enter the Site address;
Follow the Site's instructions and, in particular, the instructions necessary to open a customer account;
Complete the Order form. In the event of prolonged inactivity during login, the Products selected by the Customer before this inactivity may no longer be available. The Customer is then invited to start their selection again from the beginning;
Check the details of the Order and, if necessary, identify and correct any errors;
After having reviewed the Total Price as well as the All-Inclusive Price, confirm the Order by clicking on the "Order" box ("Order Validation");
Follow the instructions of the online payment server to pay the All-Inclusive Price.

The Customer then receives electronically and without delay a confirmation of acceptance of payment for the Order as well as an acknowledgment of receipt summarizing and confirming the Order ("Order Confirmation")

To this end, the Customer formally accepts the use of email for the Company's Order Confirmation. The Company cannot be held responsible for any harmful consequences resulting from the Customer's error in providing their email address. A Delivery note will be included in the package, summarizing the Order once again. In accordance with Article L. 122-1 of the French Consumer Code, the Company reserves the right to refuse the Order for any legitimate reason, and notably if the Order is abnormal, placed in bad faith, or if there is a dispute with the Customer regarding the payment of a previous Order.

ARTICLE 7. PRICE OF GOODS

The Price of the Products sold on the Site is indicated respectively, per Product, in Euros (€) and inclusive of all taxes (TTC).

The telecommunication costs inherent to accessing the Site remain exclusively at the Customer's expense.

At the time the Order is validated, the price to be paid is the All-Inclusive Price indicated in the cart.

The validity period of the Prices is determined by the update of the Site.

ARTICLE 8. PAYMENT CONDITIONS

The Articles are payable upon the validation of the Order.

The Customer's payment of the All-Inclusive Price is made exclusively by credit card or via PayPal.

The accepted credit cards are those from the Visa, MasterCard, and American Express networks.

To this end, the Customer confirms that they are the holder of the credit card to be debited and that the name appearing on the credit card is indeed theirs.

The Customer provides the sixteen digits and the expiration date of their credit card as well as, if applicable, the visual cryptogram numbers.

The Customer expressly acknowledges that providing information relating to their credit card authorizes the Company to debit their credit card for the amount corresponding to the All-Inclusive Price of the Products that were the subject of the Order Validation.

In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay made by means of a credit card is irrevocable.

The transaction is immediately debited from the Customer's credit card after verification of its data, upon receipt of the debit authorization from the card issuer company used by the Customer. In the event that the debit of the All-Inclusive Price is impossible, the Online Sale will be immediately refused by operation of law and the Order will be canceled.

The Company uses all means to ensure the confidentiality and security of the data transmitted on the Site. Thus, the payment of purchases is carried out via the secure platform of its partners: Stripe or PayPal. The data recorded and retained by the Company constitutes proof of the Order and all past transactions. The banking data recorded by Stripe and PayPal constitute proof of the financial transactions. The Customer undertakes to read the terms of use of Stripe and PayPal services on their website: https://stripe.com/fr/privacy andhttps://www.paypal.com/fr/home. Therefore, the banking data entered during the Order is not retained by the Cisco company.

ARTICLE 9. DELIVERY OF THE ORDER

9.1. DELIVERY METHOD

The Customer chooses one of the Delivery Methods offered on the Site when placing the Order. Deliveries are carried out from Monday to Saturday, depending on the option chosen by the Customer when validating their order.

9.2. DELIVERY ADDRESS

Home delivery

Delivery takes place at the Delivery address indicated by the Customer when placing the Order. The Customer may indicate, at their choice, the address of their residence, that of any other natural person of their choice, or that of a legal entity they designate. If no one is able to receive the package at the time of Delivery, a delivery notice is left for the Customer and informs them of the terms of the storage of their package and its availability, under the full and exclusive responsibility of the carrier. The Delivery address must necessarily be located in mainland France and Monaco, under penalty of refusal of the Order, and cannot be the address of a hotel or a post office box.

It is up to the Customer to ensure the accuracy and completeness of the Delivery data entered (street number, building number, staircase, access codes, names and/or intercom numbers and any other information necessary for Delivery) (the "Delivery Information"). In the event of an error or omission in the Delivery Information, the Customer is solely responsible for the lack or delay of Delivery. In the event of a return of the Order to the Company, the Customer must provide valid Delivery Information.

Pickup point delivery

The Customer has the option to have the Products delivered to a pickup point if it is available at the time of purchase.

9.3. DELIVERY COSTS AND TIMES

The amount of Delivery Costs depends on the amount of your Order. The amount of Delivery Costs is indicated to the Customer before the Order Validation and is included in the All-Inclusive Price.

Except in cases of force majeure or an unforeseeable and insurmountable act of a third party to the contract, delivery times will be a maximum of 20 business days from the date of order confirmation. Orders placed on the Site on Friday after twelve noon will be processed the following Monday. Orders placed on the Site on a public holiday will be processed on the next business day.

9.4. DELIVERY DELAY

In the event of a Delivery delay, the Order is not automatically canceled. The Company informs the Customer by email that the Delivery will be late. The Customer may then decide to cancel the Order and must then send the Company a notice of cancellation of the Order according to the notification terms of Article 20 of these terms and conditions.

In the event that the Order has not yet been shipped when the Company receives the Customer's cancellation notice, the Delivery is blocked and the Customer is refunded the amounts possibly debited no later than 14 (fourteen) days following the receipt of the cancellation notice in application of Article L.216-3 of the French Consumer Code. In the event that the Order has already been shipped when the Company receives the Customer's cancellation notice, the Customer can still cancel the Order by refusing the package. The Company will then proceed to the refund of the amounts debited and the return costs paid by the Customer within 14 (fourteen) days following the receipt of the cancellation notice. The Company cannot be held responsible for the consequences due to a delay in transit that is not its fault.

9.6. VERIFICATION OF THE ORDER UPON ARRIVAL

The Customer is required to check the condition of the packaging as well as the Products upon Delivery. Subsequently, the Customer fully and exclusively assumes the risks relating to damaged Products. It is up to the Customer to issue the reservations and claims they deem necessary, or even to refuse Delivery, when the package is manifestly damaged. The said reservations and claims must be addressed to the carrier by registered letter with acknowledgment of receipt within 3 (three) business days, excluding public holidays, following the date of Delivery of the Goods.

The Customer must also send a copy of this letter to the Company. Failure to make a claim within the above period extinguishes any action against the carrier in accordance with Article L. 133-3 of the French Commercial Code. The Customer must ensure that the Products delivered to them correspond to the Order. To this end, the package contains a summarizing Delivery note. In the event of non-conformity of the Products with the specifications mentioned in the Delivery note, the Customer must inform the Company and, if applicable, send a photograph of the damaged Products to the addresscontact@lesluneides.com within 3 business days from the actual receipt of the Products.

If the Products are delivered damaged or in the event of an error in delivery, the Company will proceed according to the Customer's choice: Either their exchange at the Company's expense, or the refund of the products concerned as well as the delivery costs.

ARTICLE 10. RIGHT OF WITHDRAWAL

The Customer has a right of withdrawal which may be exercised via the withdrawal form within 14 (fourteen) calendar days following the date of receipt or collection of the Order pursuant to Article L.221-8 of the French Consumer Code, without having to justify their decision or bear any costs other than those necessary to return the order. The withdrawal form may be sent by email to: contact@lesluneides.com

If this period expires on a Saturday, Sunday, or public holiday, it shall be extended until the first following business day. The Company shall acknowledge receipt of the Customer's withdrawal electronically. The Customer wishing to exercise their right of withdrawal must return the ordered Products at their own expense within fourteen days at the latest from the exercise of the right of withdrawal. In all cases, the returned Products must be returned in their original packaging, complete, new, and unopened.

If the returned Product is returned damaged or used, no refund can be issued.

An email will be sent to the Customer to inform them of the refund of the returned items. The Company will refund the Customer the full amount paid, namely the price of the returned Products and any delivery costs, within a maximum period of fourteen days following the Company's receipt of the returned Products. Compliance with the return conditions set out in these General Terms and Conditions of Sale and on the Order form is a mandatory prerequisite for the refund. Failure to comply with these conditions may result in the Company refusing to refund the returned Products.

ARTICLE 11. COMPLAINTS

The Customer must address any complaints to the Company, quoting the reference and date of the Order. Only complaints relating to the Online Sale of Products will be taken into account.

ARTICLE 12. WARRANTIES AND LIABILITIES

Legal warranties of conformity and against hidden defects. The Company is subject to the terms of the legal warranties provided for in Articles L. 211-4, L. 211-5 and L. 211-12 of the French Consumer Code and Articles 1641 and 1648 of the French Civil Code:

Art. L. 211-4 of the French Consumer Code:The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when such installation has been made its responsibility under the contract or has been carried out under its responsibility.

Art. L. 211-5 of the French Consumer Code:To conform to the contract, the goods must:

1° Be fit for the purpose normally expected of similar goods and, where applicable:

correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
possess the qualities that a buyer may legitimately expect having regard to the public statements made by the seller, the manufacturer, or their representative, notably in advertising or labelling;

2° Or possess the characteristics agreed upon by the parties or be fit for any special purpose sought by the buyer, made known to the seller, and accepted by the latter.

Art. L. 211-12 of the French Consumer Code:The action resulting from a lack of conformity is time-barred after two years from the delivery of the goods.

Art. 1641 of the French Civil Code:The seller is liable for hidden defects in the sold item that make it unfit for the purpose for which it is intended, or so diminish that purpose that the buyer would not have purchased it, or would have given it a lower price, had they known of them.

Art. 1648 of the French Civil Code:The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, under penalty of forfeiture, within one year from the date on which the seller can be discharged from the defects or apparent lack of conformity.

All products sold on the Site thus benefit from the legal warranty of conformity and the warranty against hidden defects, allowing the Customer to return defective or non-conforming products delivered free of charge.

Warranty Exclusion

The warranty shall not apply to apparent defects. The warranty will not cover Products damaged due to improper use of the Products.

Terms of Implementation of Legal Warranties

It is recalled that under the legal warranty of conformity, the consumer:

benefits from a period of two years from the delivery of the goods to take action against their seller;
may choose between the repair or replacement of the product, subject to the cost conditions provided for by Article L. 217-9 of the French Consumer Code;
is exempt from having to prove the existence of the lack of conformity of the goods during the 24 months following the delivery of the product;

The legal warranty of conformity applies independently of any commercial warranty that may cover your product. It is recalled that the consumer may decide to exercise the warranty against hidden defects of the sold item within the meaning of Article 1641 of the French Civil Code and that, in this event, they may choose between the rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.

The provisions of this Article do not prevent the Customer from exercising the right of withdrawal provided for in Article 10

Under the legal warranty of conformity, the Company undertakes, at the Customer's choice:

- either to replace the product with an identical product subject to available stock,

- or to refund the price of the product if the replacement of a product proves impossible.

Under the legal warranty against hidden defects, the Company, according to the Customer's choice, undertakes, after assessment of the defect:
- either to refund the full price of the returned product,

- or to refund part of the price of the product if the buyer decides to keep the product.

Products modified, repaired, integrated, or added by the Customer are excluded from the warranty.

Exclusion of Liability

The Customer can normally access the website 24 hours a day, 7 days a week, all year round, without this constituting an obligation of result imposed on the Company. The Company reserves the right, without prior notice or compensation, to temporarily suspend access to all or part of the website for technical reasons, notably the need to update it, modify it, ensure its maintenance, and generally, for any other technical and organizational reason.

Consequently, the Company shall not be held liable for temporary or total unavailability of all or part of access to the website, in the event of data loss, in the presence of difficulties related to response times, and generally, any lack of performance, in the event of the permanent closure of all or part of the Site, or in the event of network disruption. The Company reserves the right, without prior notice or compensation, to temporarily or permanently close all or part of the website.

Under the legal warranty of conformity, the Company undertakes, at the Customer's choice:
- either to replace the product with an identical product subject to available stock,
- or to refund the price of the product if the replacement of a product proves impossible.

- or to refund part of the price of the product if the buyer decides to keep the product.

Products modified, repaired, integrated, or added by the Customer are excluded from the warranty.

Exclusion of Liability

Under the legal warranty of conformity, the Company undertakes, at the Customer's choice:
- either to replace the product with an identical product subject to available stock,

- or to refund the price of the product if the replacement of a product proves impossible.

Under the legal warranty against hidden defects, the Company, according to the Customer's choice, undertakes, after assessment of the defect:

- either to refund the full price of the returned product,

- or to refund part of the price of the product if the buyer decides to keep the product.

Products modified, repaired, integrated, or added by the Customer are excluded from the warranty.

ARTICLE 13. RETENTION OF TITLE

The Company retains full and complete ownership of the sold products until full payment of the total price, including principal, costs, taxes, and mandatory contributions, has been received.

ARTICLE 14. CAPACITY

Prior to placing their Order, the Customer declares that they have full legal capacity, allowing them to enter into the present General Terms and Conditions of Sale. The Company is unable to verify the legal capacity of its visitors and buyers.

Consequently, if a person lacking legal capacity places an Order on the Site, their legal representatives (parents, guardians, in particular) shall assume full responsibility for this Order and shall notably be required to pay its price.

ARTICLE 15. INTELLECTUAL PROPERTY RIGHTS

The Company's trademark, as well as all figurative or non-figurative marks and more generally all other marks, illustrations, images, and logos appearing on the Goods, their accessories, and their packaging, whether registered or not, are and shall remain the exclusive property of the Company.

Any total or partial reproduction, modification, or use of these marks, illustrations, images, and logos, for any reason and on any medium whatsoever, without the express prior agreement of the Company, is strictly prohibited. The same applies to any combination or conjunction with any other mark, symbol, logo, and more generally any distinctive sign intended to form a composite logo

The same applies to any copyright, design, model, and patent that are the property of the Company. Any hyperlink referring to the Site is strictly prohibited except with the express authorization of the Company.

ARTICLE 16. DATA PRIVACY AND COOKIES

The Company collects personal data from the Customer as well as, where applicable, from the recipient of the Order, as this personal information is necessary for the processing and delivery of orders as well as for the issuance of invoices.

The purposes, recipients, and conditions under which the Company collects and processes personal data are presented in the Privacy Policy. In accordance with Article L.213-1 of the French Consumer Code, the Company shall retain the written record confirming the Customer's order for an amount greater than or equal to one hundred and twenty euros for a period of ten years from the delivery of the order and guarantees access to it at any time during this same period upon simple request at the address contact@lesluneides.com or by submitting a request using the "Contact" form on the Site.

The site uses cookies. To learn more about the types of cookies used, their functions, and how you can disable them, please read the Cookie Policy section.

ARTICLE 17. FORCE MAJEURE

The Company shall not be held liable for any delay or failure to perform its obligations resulting from an event of force majeure. An event of force majeure, in addition to the definition provided by Article 1218 of the French Civil Code in its new wording, shall notably include the following events: war, riot, general strike, blockage of means of transport and telecommunication networks, legislative or regulatory provisions imposing restrictions on the subject matter of the Contract, as well as cases recognized by case law and any other case beyond the express will of the Parties preventing the normal performance of the Contract.

The Company's performance of its obligations under this Contract shall be suspended in the event of an unforeseen event or force majeure that hinders or delays its performance. Notably, the Company shall not be held liable for any inconveniences or damages inherent in the use of the Internet, notably a service interruption, external intrusion, or the presence of computer viruses. The Company shall notify the Customer of the occurrence of such an unforeseen event or force majeure within 15 (fifteen) days from the date of the occurrence of the event, by email or telephone. When the suspension of the performance of the Company's obligations continues for a period exceeding 30 (thirty) days, the Order may be canceled by right without compensation to the Customer.

ARTICLE 18. SEPARABILITY

If any provision of these General Terms and Conditions of Sale were to be canceled, such nullity shall not entail the nullity of the other provisions, which shall remain in force between the Parties.

ARTICLE 19. AMENDMENT OF THE CONTRACT

Any amendment, termination, or waiver of any clause of these General Terms and Conditions of Sale shall only be valid after the written and signed agreement of the Parties.

ARTICLE 20. INDEPENDENCE OF THE PARTIES

Neither party may make any commitment in the name and/or on behalf of the other Party. Furthermore, each of the Parties remains solely responsible for its claims, commitments, services, products, and personnel.

ARTICLE 21. NON-WAIVER

The fact that one of the Parties does not assert a commitment by the other Party regarding any of the obligations referred to herein shall not be interpreted in the future as a waiver of the obligation in question.

ARTICLE 22. NOTIFICATIONS

All notifications to the Company that must be made under the GTCs shall be considered as delivered if they are sent by registered letter with acknowledgment of receipt to the following address:

Cisco 59, avenue Victor Hugo 75116 Paris - France

ARTICLE 23. MEDIATION

In the event of a dispute relating to these general terms and conditions, the Customer has the option of free recourse to a consumer mediator in accordance with Articles L152-1 et seq. of the French Consumer Code.

A list of approved mediators is available on the consumer mediation website accessible at the following address: http://www.economie.gouv.fr/mediation-conso. The Customer also has the option to file a complaint via the online dispute settlement platform (known as the "RLL" platform) accessible via the link below:https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

In the event of failure to appoint the mediator or of the mediation itself, the most diligent party may refer the matter to the Court of the seat of the Cisco company.

ARTICLE 24. ATTRIBUTION OF JURISDICTION

The GTCs are subject to French law.

In the event of a dispute arising, the Customer and the Company undertake, prior to any legal action, to seek an amicable solution. Any dispute resulting from the formation, interpretation, or performance of this Contract shall be subject to the exclusive jurisdiction of the French courts, notwithstanding multiple defendants or third-party appeals.

General Terms and Conditions of Sale

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