General Terms and Conditions of Sale
Last updated: June 2022
Article 1 – LEGAL NOTICE
The present site, accessible at the URL www.luuckk.com (the "Site"), is published by:
Madame Retail, a company registered with the R.C.S. of Paris under the number 912 633 369, with its headquarters located at 231 Rue Saint Honoré, 75001 Paris, France.
(Hereinafter referred to as "Madame Retail").
The Operator can be reached at the following email address: firstname.lastname@example.org
Article 2 – GENERAL PROVISIONS REGARDING THESE TERMS AND CONDITIONS
The general terms of Sale (the "General Sales Terms", or the "GST") apply exclusively to online sales of products offered by the Operator on the website.
The GST are made available to customers on the Site where they are directly consultable and can also be sent to them upon simple request by any means.
The GST are binding on the customer who acknowledges, by checking a box or by clicking the designated button, that they have read and accepted them before placing an order. The validation of the order by its confirmation implies adherence by the buyer to the GST in effect on the day of the order, the conservation and reproduction of which are ensured by the Operator.
Article 3 – DESCRIPTION OF PRODUCTS
The Site is an online sales site for jewelry, accessories, and home decoration (hereinafter referred to as the "Product(s)") open to any natural or legal person using the Site (the "Client").
Each Product on the Site is subject to a description (established by the supplier or accessible on the manufacturer's site through a link on the Site) indicating its essential features. The photographs, if any, illustrating the products are not contractual. If the product's user manual is essential, it is listed on the Site or sent no later than the time of delivery. The Products comply with current French law requirements.
The Client remains responsible for the terms and consequences of their access to the Site, especially via the Internet. This access may involve incurring fees with technical providers such as Internet service providers, which remains at their expense. Additionally, the Client must provide and take full responsibility for the equipment necessary to connect to the Site.
The Client acknowledges that they have checked that the computer configuration they use is secure and operational.
Article 4 – CREATION OF THE CLIENT SPACE
To place an order on the Site, the Client must first create their personal client space. To access it, the Client must identify themselves using their username and their secret, personal, and confidential password. The Client should not share their username and password in line with the provisions of the PERSONAL DATA article of these General Terms. Each Client commits to keeping strict confidentiality over the data, particularly the username and password, allowing them to access their client space, recognizing that they are solely responsible for accessing the Service using their username and password, except in the case of proven fraud. Each Client also undertakes to notify the Operator immediately in the event of loss, misappropriation, or fraudulent use of their username and/or password.
After creating their personal client space, the Client will receive an email confirming the creation of their client space.
The Client undertakes, upon registration, to:
- provide real, accurate, up-to-date information at the time of entering it into the service registration form, and notably not to use false names or addresses, or names or addresses without authorization.
- regularly update registration data to ensure it remains accurate, true, and up-to-date.
The Client further commits not to make available or distribute illicit or reprehensible information (such as defamatory information or identity theft) or harmful information (such as viruses). Otherwise, the Operator can suspend or terminate the Client's access to the Site due to their exclusive faults.
Article 5 – ORDERS
The Operator strives to guarantee optimal availability of its Products. Product offers are valid while stocks last.
If, despite the Operator's best efforts, a Product turns out to be unavailable after the Customer's order, the Operator will inform the Customer by email as soon as possible. The Customer will then have the choice between:
- the delivery of a Product of equal quality and price as the one initially ordered, or
- refund of the price of the ordered Product no later than thirty (30) days after payment of the sums already paid.
It is agreed that besides refunding the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable for any cancellation compensation, unless the failure to fulfill the contract is personally attributable to them.
Unless otherwise specified in these General Conditions and without prejudice to the right of withdrawal provided by applicable law, the Customer's orders are firm and final.
When placing an order, the Customer must select the chosen Products, add them to their cart, indicating the selected Products and desired quantities. The Customer has the opportunity to check the details of their order and its total price and to go back to previous pages to potentially correct the cart's contents before confirming it.
The Customer commits to reading the General Sales Conditions in effect before accepting them and to confirm the delivery and possible withdrawal fees before paying for their order. Confirming the order implies acceptance of the GSC and forms the contract.
A copy of these General Conditions, as accepted by the Customer, will be sent to the Customer by email when confirming their Order so they can refer to it.
Contractual information concerning the order (including the order number) will be confirmed via email in due time and no later than at the time of delivery. The Operator strongly advises the Customer to print and/or save this order confirmation as proof. A digital invoice is available to the Customer in the "my account" section. The Operator also advises the Customer to print and/or save this invoice as proof.
Any email sent to the Customer regarding an order will be sent to the email address used by the Customer to log into their customer area.
The Operator reserves the right not to validate the Customer's order for any legitimate reason, especially if:
- The Customer does not comply with the General Conditions in effect at the time of their order;
- The Customer's order history shows that amounts are still due for previous orders;
- One of the Customer's previous orders is the subject of an ongoing dispute;
- The Customer has not responded to a request to confirm their order sent by the Operator.
The Operator archives sales contracts of Products in accordance with applicable legislation. By sending a request to email@example.com, the Operator will provide the Customer with a copy of the contract in question.
Any changes to the order by the Customer after confirming it are subject to the Operator's agreement.
The information provided by the Customer when placing the order (especially name and delivery address) binds the Customer. Thus, the Operator cannot be held responsible in any way if an error during order placement prevents or delays delivery/receipt.
The Customer declares to have full legal capacity allowing them to commit under these General Conditions.
Registration is open to competent adults and minors, provided they act under the supervision of a parent or guardian with parental authority. Registration is not allowed on behalf of third parties unless duly authorized to represent them (e.g., a legal entity). Registration is strictly personal for each Customer.
If the Customer breaches any of these provisions, the Operator reserves the right to terminate the Customer's account without notice.
Article 6 – PAYMENT METHODS AND SECURITY
The Customer expressly acknowledges that any order placed on the Site is an order with payment obligation, which requires payment against the delivery of the ordered Product.
In any case, the Operator reserves the right to verify the validity of the payment before shipping the order by any means necessary.
The Operator uses an online payment solution.
Orders can be paid using one of the following payment methods:
- Payment by credit card. Payment is made directly on the Operator's bank's secure servers; the Customer's bank details do not pass through the Site. Bank details communicated during payment are protected by SSL (Secure Socket Layer) encryption. This way, these coordinates are not accessible to third parties. The Customer's order is recorded and validated upon the bank's payment acceptance. The Customer's account will be charged the corresponding amount only when (i) the credit card details used have been verified and (ii) the charge has been accepted by the bank that issued the credit card. The inability to charge the amounts owed will immediately nullify the sale. The credit card may be refused if it has expired, if it has reached the maximum spending limit, or if the entered data is incorrect.
- Payment via electronic wallet (like Paypal). The Customer already has an account on the electronic wallet used by the Operator. The Customer can use this account and securely pay their order without sharing bank details.
If applicable, the order confirmed by the Customer will only be considered effective when the secure bank payment center has approved the transaction.
As part of control procedures, the Operator may ask the Customer for all necessary documents to finalize their order. These documents will not be used for other purposes.
Article 7 – PAYMENT OF THE PRICE
The price of the Products in effect at the time of ordering is indicated in euros inclusive of all taxes (TTC) excluding delivery and transport costs. In case of a promotion, the Operator undertakes to apply the promotional price to any order placed during the advertising period for the promotion.
The price is payable in euros (€) exclusively. The price is due in full after confirmation of the order. The prices offered include discounts and rebates that the Operator might grant.
If delivery or transport charges apply, they will be added to the price of the Products and indicated separately before the order is validated by the Customer. The total amount due by the Customer and its details are indicated on the order confirmation page.
Article 8 – FORMATION OF THE CONTRACT
The contract between the Operator and the Customer is formed when the Customer sends the confirmation of his order.
Customers are particularly urged to pay attention to the method of accepting the order placed on the Site. When placing an order, the Customer must confirm it using the "double-click" method, i.e., after selecting Products added to the cart, the Customer must check and possibly correct the contents of his cart (identification, quantity of selected products, price, delivery terms and fees) before validating it by clicking on "I confirm my delivery", then acknowledges acceptance of these T&Cs before clicking on the "I pay" button, and finally validates his order after filling in his bank details. The "double click" is equivalent to an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Customer.
The archiving of communications, orders, and invoices is ensured by the Operator on a reliable and durable medium to constitute a faithful and lasting copy. These communications, orders, and invoices can be produced as evidence of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by phone is proof of all transactions between the Operator and its Customers.
Customers may terminate the order by registered letter with acknowledgment of receipt or in writing on another durable medium in case of:
- delivery of a Product not in accordance with the declared characteristics of the Product;
- delivery exceeding the deadline set in the order form or, in the absence of such a date, within thirty (30) days following the conclusion of the contract, after the Operator has been urged, under the same conditions and without result, to make the delivery within a reasonable additional period;
- an increase in the price that is not justified by a technical modification of the product imposed by public authorities.
In all these cases, the Customer can demand the refund of the deposit paid plus interest calculated at the legal rate from the date of collection of the deposit.
The Operator may terminate the order in case of:
- the buyer's refusal to take delivery;
- non-payment of the price (or balance of the price) at the time of delivery.
Article 9 – RETENTION OF OWNERSHIP
The Operator remains the exclusive owner of the Products ordered on the Site until the full price is collected, including any shipping costs.
Article 10 – SHIPPING AND DELIVERY
The online sales offers presented on the site are reserved for consumers residing in France or, where appropriate, in a member country of the European Union, and for deliveries in these same geographical areas.
Delivery means the transfer to the Customer of the physical possession or control of the Product.
The Operator offers you different modes of delivery or delivery depending on the nature of the product.
Shipping costs are those specified when finalizing the order and are accepted by validating the order.
The Operator commits, according to the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum of thirty (30) days after receipt of the order.
Delivery times are announced in working days on the Site at the time of order. These times include the preparation and shipment of the order as well as the period set by the carrier.
The Operator undertakes to ship the Products in accordance with the times announced on each Product sheet and at the basket level, provided that the payment of the order has not previously been refused.
However, if one or more Products could not be delivered within the initially announced period, the Operator will send an email indicating to the Customer the new delivery date.
The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to him to check that this address does not contain any errors. The Operator's liability cannot be engaged if the address provided by the Customer is incorrect, thus preventing or delaying delivery.
Upon delivery, a receipt may be required to be signed.
Upon delivery, it is up to the Customer to verify that the delivered Products are in accordance with his order and that the package is sealed and undamaged. If this is not the case, the Customer must imperatively indicate this on the delivery note. No claim regarding the quantity or condition of the Product will be accepted if the claim has not been noted on the delivery note.
Article 11 – RIGHT OF WITHDRAWAL
If a delivered Product does not fully satisfy the Customer, the latter can return it to the Operator. The Customer has fourteen (14) days to do this from the date of receipt of the order.
Article 13 – INTELLECTUAL PROPERTY AND SITE USE LICENSE
The Operator alone holds all the elements present on the Site, including but not limited to, all texts, files, animated or not images, photographs, videos, logos, drawings, designs, software, trademarks, visual identity, databases, site structure, and all other intellectual property elements and other data or information (hereinafter, the "Elements") which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Site's Elements may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented, or exploited in any other way, whether free of charge or against payment, by a Customer or by a third party, regardless of the means and/or media used, whether they are known or unknown to date, without the prior express written permission of the Operator in each case, and the Customer is solely responsible for any unauthorized use and/or exploitation.
Furthermore, it is specified that the Operator does not own the content posted online by the Customers, for which they remain fully responsible and indemnify the Company against any recourse in this respect. Customers grant the Operator a non-exclusive, transferable, sublicensable, free of charge, and global license for the use of intellectual property content they publish on the Site, for the entire protection period of these contents.
The Operator reserves the right to take legal action against individuals who would not respect the prohibitions contained in this article.
ARTICLE 14 – LIABILITY AND WARRANTY
The Operator cannot be held responsible for non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or even unforeseeable and insurmountable facts of any third party to the agreement.
The Operator cannot be held responsible for information imported, stored, and/or published on the Site by Customers. The Operator is not liable for any information published by a Customer on the Site and for direct or indirect damage that such use could cause to a third party, with the Customer responsible for the publication remaining solely responsible in this respect.
The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability, and integrity of data transmissions over the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or operating errors. In particular, their operation may be temporarily interrupted for maintenance, updates, or technical improvements, or to update their content and/or presentation.
The Operator cannot be held responsible for the use made of the Site and its services by Customers in violation of these General Conditions and for direct or indirect damage that such use could cause to a Customer or to a third party. In particular, the Operator cannot be held responsible for false statements made by a Customer and his behavior towards third parties. If the Operator's liability is sought because of such behavior of one of its Customers, the latter agrees to indemnify the Operator against any judgment pronounced against it and to reimburse the Operator for all costs, including attorney's fees, incurred in its defense.
The Customer is solely responsible for all content he posts online on the Site, expressly declaring that he holds all rights to it, and guarantees to the Operator that he does not post content violating third-party rights, in particular intellectual property, or constituting an infringement of persons (defamation, insults, injuries, etc.), a breach of privacy, public order, and good morals (apology for crimes against humanity, incitement to racial hatred, child pornography, etc.). If there is a violation of current laws, good morals, or these General Conditions, the Operator can rightfully exclude Customers guilty of such offenses and remove information and references to these contentious contents. The Operator is qualified as a host concerning content posted online by third parties. In this capacity, it is recalled that the Operator has no general obligation to monitor content transmitted or stored via the Site. If the Operator's liability is sought because of content posted online by the Customer, the latter agrees to indemnify the Operator against any judgment pronounced against it and to reimburse the Operator for all costs, including attorney's fees, incurred in its defense.
Regardless of any additional contractual warranty (commercial warranty) that could be granted, the Products benefit from the legal conformity warranty provided for in articles L. 217-4 and following of the Consumer Code (in particular L. 217-4 to L. 217-14 of the Consumer Code), and the warranty against hidden defects provided for in articles 1641 to 1649 of the Civil Code.
When you act under the legal conformity warranty:
- you have a period of two (2) years from the delivery of the item to act:
- you can choose between repairing or replacing the item, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code;
- you are exempt from providing proof of the existence of the product's lack of conformity during the 24 months following its delivery.
The legal conformity warranty applies regardless of the commercial warranty that could be granted.
You can also decide to implement the warranty against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, you can choose between canceling the sale or a reduction in the sale price according to article 1644 of the Civil Code.
ARTICLE 15 – COMMERCIAL WARRANTY
The commercial warranty (contractual commitment of the Operator, in addition to its legal obligations relating to the conformity of the Products) is the subject of a written contract in accordance with the provisions of articles L. 217-15 and following of the Commercial Code, a copy of which is given to the Customer.
ARTICLE 16 – AFTER-SALES SERVICE
After-sales service performed by the Operator and not covered by the commercial warranty is subject to a contract, a copy of which is given to the Customer.
Claims made under warranties should be sent to after-sales service at the following email address: firstname.lastname@example.org
Products covered by the warranties must be returned new, complete, and in their original state and packaging after receipt and confirmation of the claim by the after-sales service.
The Customer will be reimbursed for return postage costs no later than thirty (30) days following the receipt of the product by the Operator.
ARTICLE 17 – PERSONAL DATA
For more information about the use of personal data by the Operator, please carefully read the Privacy Charter (the “Charter”). You can consult this Charter on the Site at any time.
ARTICLE 18 – HYPERLINKS
Hyperlinks available on the Site may refer to third-party sites not edited by the Operator. They are provided solely for the convenience of the Customer, to facilitate the use of resources available on the Internet. If the Customer uses these links, they will leave the Site and will then agree to use third-party sites at their own risk or, if applicable, in accordance with the conditions that govern them.
Consequently, the Operator cannot be held responsible in any way because of these hyperlinks.
The Site may also contain promotional hyperlinks and/or advertising banners linking to third-party sites not edited by the Operator.
The Operator invites the Customer to report any hyperlink on the Site that would provide access to a third-party site offering content contrary to laws and/or good morals.
The Customer may not use and/or insert a hyperlink pointing to the site without the prior written agreement of the Operator on a case-by-case basis.
ARTICLE 19 – REFERENCES
The Customer authorizes the Operator to mention the Customer's name, its logo as a reference in its communication media (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc.).
ARTICLE 20 – GENERAL PROVISIONS
ENTIRETY OF THE AGREEMENT OF THE PARTIES
These General Conditions constitute a contract governing the relations between the Customer and the Operator. They represent the entirety of the rights and obligations of the Company and the Operator relating to their subject. If one or more stipulations of these General Conditions are declared null and void according to a law, a regulation, or following a final decision of a competent jurisdiction, the other stipulations will retain their full force and scope. Moreover, if one of the parties to these General Conditions does not take advantage of a breach by the other party of any of the provisions of these General Conditions, it should not be interpreted as a waiver on its part to take advantage of such a breach in the future.
MODIFICATIONS OF CONDITIONS
The Operator reserves the right to modify at any time and without notice the content of the Site or the services available there, and/or to temporarily or definitively stop operating all or part of the Site.
In addition, the Operator reserves the right to change at any time and without notice the location of the Site on the Internet, as well as these General Conditions. The Customer is therefore required to refer to these General Conditions before using the Site.
The Customer acknowledges that the Operator cannot be held liable in any way towards him or any third party because of these modifications, suspensions, or terminations.
The Operator advises the Customer to save and/or print these General Conditions for safe and durable storage, so they can be invoked at any time during contract execution if needed.
CLAIMS – MEDIATION
In the event of a dispute, you should first contact the company's customer service at the email address: email@example.com
These General Conditions are governed, interpreted, and applied in accordance with French law.
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER
The Customer acknowledges having carefully read these General Conditions.
By registering on the Site, the Customer confirms having become aware of the General Conditions and accepts them, making him contractually bound by the terms of these General Conditions.
The General Conditions applicable to the Customer are those available on the date of the order, a dated copy of which can be provided upon his request. Therefore, it is specified that any modification of the General Conditions made by the Operator will not apply to any previous order, unless expressly agreed upon by the Customer originating a given order.
In accordance with Article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of Articles L. 221-18 and following of the Consumer Code, the Customer is invited to send an email to firstname.lastname@example.org
The Operator will send an acknowledgment of receipt of the Customer's withdrawal request by e-mail.
If necessary, the Customer can exercise his right of withdrawal by notifying the Operator of the following information:
- name, geographical address, telephone number and email address;
- decision to withdraw using a statement devoid of ambiguity (for example, letter sent by post, fax or email as long as these details are available and therefore appear on the standard withdrawal form). The Customer can use the model withdrawal form but it is not mandatory.
The return costs are borne by the Customer, unless the goods cannot be normally returned by Post, in which case the Operator will collect the Product at its expense.
The exceptions of Article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, especially if the order consists of a contract:
- for the supply of services fully performed before the end of the withdrawal period and whose execution began after express prior agreement from the consumer and express waiver of his right of withdrawal;
- for the supply of goods or services whose price depends on fluctuations on the financial market beyond the professional's control and likely to occur during the withdrawal period;
- for the supply of goods made to the consumer's specifications or clearly personalized;
- for the supply of goods likely to deteriorate or expire quickly;
- for the supply of goods which were unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- for the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
- for the supply of alcoholic beverages whose delivery is deferred beyond thirty (30) days and whose value agreed upon at the conclusion of the contract depends on fluctuations on the market beyond the professional's control;
- for maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, limited to spare parts and work strictly necessary to respond to the emergency;
- for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- for the supply of a newspaper, magazine or periodical, except for subscription contracts to these publications;
- concluded during a public auction;
- for the provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities to be provided on a specific date or period;
- for the supply of digital content not supplied on a tangible medium whose execution began after express prior agreement from the consumer and express waiver of his right of withdrawal.
The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories.
In addition to the returned Product, the return package must also contain a letter specifying the Customer's exact and complete details (first name, last name, address) as well as the order number, and the original purchase invoice.
The Operator will refund the Customer the amount of the Product within fourteen (14) days from the receipt of the Product and all the elements allowing the refund of the Customer. This refund can be made by the same means of payment used by the Customer. In this respect, Customers who paid for their order in the form of credits / gift vouchers may be refunded in the form of credits / gift vouchers at the Operator's discretion.
By accepting these General Sales Conditions, the Customer expressly acknowledges having been informed of the withdrawal modalities.
Article 12 – CUSTOMER SERVICE
The Customer can contact the Operator by email at email@example.com providing his name, phone number, the subject of his request, and the concerned order number.