LUNII – GENERAL TERMS AND CONDITIONS OF SALE

APPLICABLE VERSION – JUNE 15, 2017

Preamble

These present general terms and conditions of sale (hereinafter referred to as the “General Conditions of Sale” or “GTC”) are intended to define the rights and obligations of the Contracting Parties in connection with the online sale of products (hereinafter referred to as the “Products”) distributed on the website www.lunii.fr (hereinafter referred to as the “Site”), the publisher of which is Lunii, a simplified joint-stock company with the capital of 9,766 €, whose head office is located at 75 Rue du Javelot, Apartment 1961, Athens Tower, Paris 75013, registered in the Register of Commerce and Companies under the number 802 801 472 R.C.S. Paris, VAT number FR61802801472 (hereinafter referred to as the “Seller”).

The fact of placing an order of Product (s) on the Site implies the irrevocable adhesion of the Customer, without restriction or reservation, to all the provisions of the General Conditions of Sale. The General Conditions of Sale are subject to change. The General Conditions of Sale applicable to the Customer are those in force on the Site at the time of placing the order by the Customer.

No general or specific conditions contained in the documents sent by the Customer can be integrated herein without the express written agreement of the Seller.

Purchase of Products on the Site is reserved exclusively for the consumer acting for purposes that are not part of their commercial, individual, craft or liberal activity (hereinafter referred to as the “Customer”).

Article 1: Price

Prices are indicated in euros with all taxes included. They include VAT applicable on the day of the order in France. The price of the Products is the allocated price applicable on the day of the order. Once the order has been placed, the prices cannot be modified.

The prices indicated on the Site are guaranteed for the duration of the time as specified online and within the limits of available inventory. The Seller reserves the right to change their prices at any time; the Products, however, will be sold according to the rate applicable during validation of the order.

These prices do not include shipping costs, which remain the responsibility of the Customer, except when special conditions apply. Shipping costs are communicated to the Customer when the order is placed.

In the event that one or more taxes or contributions were to be created or modified, whether up or down, this change may be reflected in the selling price of the Products and related sales documentation.

Article 2: Ordering

To place an order, the Customer fills up their virtual basket, indicates the selected Products and the desired quantities, clicks on the “Buy” button and completes the order form specifying certain mandatory fields so that their selection could be taken into account by the Seller.

Any order implies acceptance of prices and Products available for sale. Any dispute pertaining to this point will occur in the context of a possible exchange and the guarantees mentioned below.

Before clicking the “Buy!” button, the Customer has the opportunity to verify the details of their order and the total price, as well as return to previous pages to correct any errors and possibly modify the order. Confirmation of the order entails acceptance of the GTCs and thereby forms the contract.

Final click of acceptance makes the order irrevocable. After the order is registered, a confirmation email is sent to the Customer including a summary of the Products ordered and the specified delivery address. This email confirms that the order was received and not necessarily that the ordered product is currently available.

Orders become effective from the date of debiting the Customer’s bank account (hereinafter referred to as the “Effective Orders”).

The Seller reserves the right to refuse any order for legitimate reasons, and, in particular, if the quantities of products ordered are abnormally high for the Customer based on the quality of the consumer.

Article 3: Delivery

The Products will be sent to the delivery address that the Customer indicated when placing the order.

It is specified that the Products can only be delivered in metropolitan France, in Monaco, as well as in the countries, which are listed exhaustively in the list hereafter.

The Seller may deliver the Products in the following countries: Germany, Austria, Belgium, Bulgaria, Canada, China, Cyprus, Croatia, Denmark, Spain, Estonia, United States of America, Finland, France, Greece, Hong Kong, Hungary, Ireland, Iceland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Norway, Netherlands, Poland, Portugal, Romania, United Kingdom, Czech Republic, Slovakia, Slovenia, Switzerland and Sweden. Shipping costs specific to these countries will be indicated when the order is placed.

It is the responsibility of the Customer to indicate a delivery address located in one of the countries listed under Article 3.

Packages are shipped within a maximum of 30 working days following the Effective Order.

If the Seller fails to fulfill their obligation to deliver the Product within 30 working days following the Effective Order, the Customer may resolve the sale, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after the order was placed, on the same terms, the Seller must complete the delivery within a reasonable additional period, but such delivery is not completed within the specified time frame.

The sale is considered resolved upon receipt by the Seller of the letter or written notification informing them of this resolution, unless the Seller has completed the order in the meantime.

If the Customer received the Product after the request for resolution of the sale, the Seller will reimburse the Customer for the Product, within 14 days of receipt of the complete Product and in its satisfactory original condition by the Seller.

Shipping costs will be reimbursed if the entire order is returned.

However, the Seller is not required to reimburse the additional costs if the Customer has expressly chosen a method of delivery that is more expensive than the standard delivery method.

The refund will be issued by the same means of payment as that used by the Customer to pay for their purchase, unless expressly agreed otherwise by the Customer. No cash on delivery will be accepted, whatever the reason.

In the event that the delay in delivery is attributable to the Customer, particularly if the Customer is not available to receive delivery or if the Customer provided the Seller with an incorrect address, the provisions of Article L. 216-2 of the Consumer Code will not apply.

Receipt of Products

Each delivery is deemed completed as soon as the Product is made available to the Customer, in particular, by the carrier.

It is up to the Customer to check shipments at arrival and to express any reservations or complaints which would appear justified and even refuse to accept the parcel, if it is likely to have been opened or if it shows obvious traces of deterioration.

The aforementioned reservations and complaints must be sent to the carrier by registered letter with acknowledgment of receipt within three working days after delivery of the Products, and a copy thereof will be sent immediately to the Seller.

Article 4: Payment – Method of Payment

The total amount due by the Customer is indicated before the final validation of the order on the Site, as well as in the confirmation email sent by the Seller.

The price is due in full upon confirmation of the order.

Payment for purchases must be completed using payment cards.

Payment cards that are accepted to date: CB, Visa, MasterCard, American Express or Paypal.

To proceed with the payment, the Customer must provide, in a secure environment of the Site, the sixteen-digit number and the expiry date appearing on the front of their bank card, as well as, where applicable, the numbers of the visual cryptogram appearing in the back of their bank card – information that the Seller agrees to keep strictly confidential.

All credit card holders are subject to a validation and authorization check by the issuing body. If this organization refuses to authorize the payment, the Seller will not accept the order. In such cases, the Seller will not be responsible for any delay or refusal to deliver, and will not be required to inform the Customer of the reason for such refusal. The Seller is not responsible for charges or bank fees that are charged by the issuer or the bank of the Customer when the latter uses a credit card to pay for their order.

In the case of anti-fraud controls aimed at securing the transactions of the Customer, the Seller shall be entitled to ask the Customer to provide one or more proof of residence and / or copy of identity card by email or by fax before confirming the order. The order will be deemed final only upon receipt by the Seller of these documents and sending of the confirmation by email. If such documents are not received or if they do not allow to determine, with certainty, the identity of the person placing the order and the accuracy of their address, the Seller reserves the right not to accept the order.

In the event that, for any reason (objection, refusal of the issuing center, etc.), the sums due by the Customer cannot be debited, the purchase process on the Site will be canceled.

Article 5: Cancellation

In accordance with the provisions of Article L. 221-18 and pursuant to the Consumer Code, the Customer has a period of 14 days to exercise their right of cancellation from the date of receipt of the Products and return the specified Products to the Seller (effective shipment date).

Prior to the exercise of their right, the Customer must notify the Seller by sending an email to aidez-moi@lunii.fr, specifying their name, email address, order number, order date, reference to the item(s) concerned and the date of receipt of the item(s) concerned, or by returning the form to this address duly filled in at aidez-moi@lunii.fr.

The Products must be returned to the return service address indicated at the bottom of the invoice received by the Customer no later than 14 days after the Customer communicated their decision to cancel this contract. This deadline is deemed met if the Customer returns the Product before the expiration of the 14 day period.

In all cases, returned Products must be in perfect condition, complete, in their original condition and packaging.

For return by mail, the Product(s) must be accompanied by the return number(s) printed from the Site or copied on paper. The costs and risks of return remain the responsibility of the Customer. It is the Customer’s responsibility to keep proof of the return of the Products and to insure the Product according to its value.

Upon receipt of the Product(s), if the above-mentioned conditions are met, the Seller will refund the costs of the Product(s) concerned for the recovery of the Products, the rest of the order remaining firm and final.

In accordance with Article L. 221-18 of the Consumer Code, the Customer’s right of cancellation cannot be exercised for Products customized according to the specifications of the Customer and Products opened by the Customer, as well as Products that cannot be returned for reasons of hygiene or health protection.

Article 6: Intellectual property rights

The Seller is the owner of the intellectual property rights and holds the rights of use for all the accessible elements on the Site, including the names, trademarks, texts, images, graphics, logo, icons, sounds and software.

The content of the Site is protected by intellectual property laws. As such, the content of the Site cannot be represented, reproduced, distributed, or modified partially or totally, without the express permission of the Seller.

Any reproduction, representation, modification, publication, adaptation, regardless of the medium or the method used, of all or part of any of the above elements is strictly prohibited, and considered criminal and civil responsibility of the Customer, should they choose to do so.

Article 7: Warranty

It is up to the Customer to verify the number and condition of the Products at the time they are received.

The Customer benefits from the legal warranty of conformity in accordance with Article L. 217-4 and pursuant to the Consumer Code, and the legal guarantee of latent defects in accordance with Article 1641 and pursuant to the Civil Code, whose main provisions are presented below.

Article L. 217-4 (French Consumer Code):

The Seller delivers products in accordance with the contract and bears responsibility for defects existing during the delivery.

The Seller is also responsible for defects resulting from packaging, assembly instructions or installation when it was assigned to them by the contract or was carried out under their responsibility.

Article L. 217-5 (French Consumer Code):

Products conform to the contract:

(1) if they are specific to the use normally expected of similar products and, in that case:

– if they fit the description given by the Seller and has the qualities as presented to the Purchaser in a sample or model;

– if they have the qualities that a Purchaser can legitimately expect given the public statements made by the Seller, the manufacturer or their representative, including advertising or labeling;

(2) Or if they have the characteristics defined by mutual agreement of the Parties or is suitable for any special use sought by the Purchaser, which was made known to the Seller and which the latter accepted.

Article L. 217-7 (French Consumer Code):

Any defects, which appear within twenty-four months from the delivery of the products, are presumed to have existed at the time of delivery, unless proven otherwise.

For second-hand goods, this period is fixed at six months.

The Seller can rebut this presumption if it is not compatible with the nature of the products or the invoked defect.

Article L. 217-9 (French Consumer Code):

Should any defects be detected, the purchaser chooses between repair and replacement of the products.

However, the Seller may not proceed according to the choice of the Purchaser if this choice entails a cost obviously disproportionate compared to the other method, taking into account the value of the products or the importance of the defect. They are then obliged to proceed, unless it is impossible, according to the method not chosen by the Purchaser.

Article L. 217-10 (French Consumer Code):

If the products cannot be repaired or replaced, the Purchaser can return the products and receive the refund, or keep the products and receive a portion of the purchase price.

The same option is available:

(1) if the solution sought, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the Purchaser’s claim;

(2) or if this solution cannot be implemented without a major inconvenience given the nature of the products and the use that is required.

Sale, however, cannot be canceled if the defect is minor in nature.

Article L. 217-12 (French Consumer Code):

The action resulting from the defect is prescribed by two years from the date of delivery of the product.

Article 1641 (Civil Code):

The Seller is bound by warranty for the reason of hidden defects related to the products sold which render it unsuitable for the use, for which it is intended, or which restrict the use so much that the Purchaser would not have acquired it, or would have paid a lower price for it, if they had been aware of them.

Article 1645 (Civil Code):

If the Seller was aware of the defects of the product(s), they are responsible, in addition to restitution of the price they charged, for paying the Purchaser back for all the damages incurred.

Article 1646 (Civil Code):

If the Seller was ignorant of the defects of the products, they will be responsible only for restitution of the price, and for refunding the Purchaser for the expenses incurred by the sale.

Article 1648 (Civil Code):

The action resulting from latent defects must be brought by the Purchaser within two years from the discovery of the defect.

The Customer must submit their claim in writing to the customer service and email it to aidez-moi@lunii.fr. The Customer must, on this occasion, give their precise coordinates and provide the name and/or reference to the items concerned, the problem found (failure, missing part, product error, etc.) and the corresponding order number; this procedure will allow for assigning a return number and a proper follow-up to the Customer’s request. As part of the return of a defective product under warranty, the cost of returning the Product is borne by the Seller. After obtaining the return number by the Seller, the Customer has a period of 7 days to return the defective merchandise. When returning the goods, the Customer will include the mention of “Customer Service” and the return number that was communicated to them by the Seller directly on the package, and they will also provide a copy of the invoice, for without communication of the invoice, the application will not be taken into consideration.

Article 8: Personal data

In France, personal data is notably protected by the provisions of the law No. 78-87 “Freedom of Computer Information” dated January 6, 1978, by law No. 2004-801 dated August 6, 2004, by Article L. 226-13 of the Criminal Code, by the European Directive 95/46/EC in relation to protection of natural persons with respect to processing of personal data and to free movement of such data dated October 24, 1995, and law No. 2016-1321 dated October 7, 2016.

During the use of the Site, the following may be collected: the URL of the links, through which the Customer accessed the Site, the Customer’s access provider, the Internet Protocol (IP) address of the Customer, the Customer’s demographic information.

The controller is Lunii SAS.

File number: 1993277 v 0.

This information is intended to find out more about the Customer in order to improve the quality of the offered service.

In any case, the Seller collects personal information relating to the Customer only for the purpose of the delivery of orders, subscription to the newsletter and processing of the after-sales service offered by the Site. The Customer provides this information with full knowledge of the fact, especially when conducting the entry by themselves. The obligation to furnish this information is communicated to the Customer of the Site. In any case, the Seller undertakes to respect the confidentiality of the personal data supplied by each Customer on the Site and to treat such in accordance with the law.

This information is kept for a period of two years.

Any Customer has a right to access, rectification and objection to personal data concerning them, and can exercise the above by submitting a written and signed request accompanied by a copy of the identity document with a signature of the holder of the item, and specifying the address where the reply must be sent, to the following mailing address: Lunii, Site www.lunii.fr, 75 Rue du Javelot, Apartment 1961, Athens Tower, Paris 75013.

If applicable, the Customer must ensure that the Seller provides updates or changes to the information concerning then, including, in particular, those relating to their mailing address and/or computer information to allow the Seller to send their orders to the correct address and to contact them in case of necessity. The Seller may also retain, for archival purposes, copies of communication with the Customers of the Site, and any response to questions or comments sent to Customers by the Seller.

The Seller undertakes not to publish, disclose or provide information about the Customers to third party companies, without their prior consent. Only the assumption of repurchase of the Seller and their rights would allow for transmission of such information to the prospective Purchaser who would in turn be given the same obligation to store and modify data with respect to the Customer of the Site.

The website www.lunii.fr is registered with the CNIL under number 1993277 v 0.

The databases are protected by the provisions of the law dated July 1, 1998 transposing European Directive 96/9 / EC dated March 11, 1996 on legal protection of databases.

Article 9: Cookies

In order to provide all Customers with optimal Site navigation tools, as well as a better functioning of the different interfaces and applications, the Seller may install cookies on the computer of the Customer. Such cookies are used to store information relating to navigation on the Site (page, date, hours), as well as any data entered by Customers during their visit (search information, login, email, password). Cookies are intended to be kept on the Customer’s device for a variable period of up to six months, and may be read and used by the Seller during a subsequent visit by the Customer to the Site.

The Customer has the ability to block, modify the retention period, or delete this cookie via its browser interface (normally: tools or options / privacy or confidentiality). In this case, navigation on the Site will not be optimized. If systematic deactivation of cookies on the Customer’s browser prevents them from using certain services or functionalities provided by the Seller, this malfunction cannot, in any case, constitute damage for the Customer who then may not claim any compensation for this fact.

Customers also have the option to delete the previous cookies on their computer by visiting their browser menu for this purpose (usually, tools or options / privacy or confidentiality). Such action does not affect their navigation on the Site, but causes the Customer to lose all the benefits associated with the cookie. In this case, they will have to enter all the information about themselves.

Article 10: Responsibility

The Seller cannot be held responsible for any liability or damage related to the use of the Internet, including interruption of service, external intrusion or computer viruses.

Furthermore, the Seller cannot be held responsible for any breach of their contractual obligations due either to the Customer, or, unpredictable and insurmountable, of a third party to the contract, either in case of force major such as commonly accepted by the jurisprudence.

Article 11: Divisibility

If one of the clauses of these GTCs were to be declared void by a court decision, this nullity will not entail nullity of all the other clauses, which would remain in effect.

Article 12: No waiver

The fact, for the Seller, not to avail themselves temporarily or permanently of one or more clauses of these GTCs, shall in no case waive the use of the remainder of the GTCs.

Article 13: Applicable law – Competent jurisdiction

The present General Terms and Conditions are subject to French law. The language of these General Terms and Conditions is the French language.

For any claim related to a purchase made on the Site, please contact the customer service at the following address help-me@lunii.fr or by sending a mail to the address of the registered office of the Seller specified in these GTCs.

In accordance with the provisions of Article L 611-1 and pursuant to the Consumer Code, the Customer may use the mediation service for consumer disputes proposed by the Seller free of charge.

Proposed mediator is MEDICYS:

  • online address: www.medicys.fr
  • Mailing address: MEDICYS – Center of mediation and amicable settlements of judicial officers – 73 Boulevard de Clichy, Paris, 75009.

Customer Service must be notified of any consumer dispute in advance, before any request for mediation. Referral to the mediator must be made within one year after the Customer’s written complaint was submitted to the Seller.

In accordance with European Regulation 524/2013, the Seller informs you of the existence of a European online dispute resolution platform between e-merchants and consumers: http://ec.europa.eu/consumers/odr.

Any dispute not settled following the mediation procedure described above relating to the purchase order and these GTCs, will be subject to the jurisdiction of the defendant’s court or that of the actual place of delivery of the Product in accordance with the legal rules of jurisdiction.