Terms of sale
ARTICLE 1 - DEFINITIONS
These General Terms and Conditions of Sale (hereinafter the "GTC") are offered by Teolab SAS, with a capital of €74,650, a company registered in the Nanterre Trade and Companies Register under number 810436592, whose registered office is located at 176 avenue Charles de Gaulle, 92522 Neuilly s/Seine cedex (hereinafter "Teolab")
In the following we will refer to :
"Site": the luneale.co site and all its pages
"Products" or "Services": all the products (materials) and services (services) that it is possible to purchase or to which it is possible to subscribe on the Site.
"Seller": Teolab, legal or natural person, offering its Products or Services on the Site.
"Customer": the Internet user, private individual or professional, making a purchase of Product(s) or Service(s) on the Site.
"Consumer", in accordance with the definition of the preliminary article of the Consumer Code: "any natural person who acts for purposes that do not fall within the scope of his or her commercial, industrial, craft or liberal activity".
Internet users visiting the Site and interested in the Products and Services offered by the Seller are invited to read these GTC carefully, to print them out and/or to save them on a durable medium, before placing an order on the Site.
The Customer acknowledges having read the GTC and accepts them in full and without reservation.
ARTICLE 2 - APPLICATION OF THE GCV AND PURPOSE OF THE SITE
The Seller reserves the right to modify the GTC at any time by publishing a new version of them on the Site. The GTC applicable to the Customer are those in force on the day of his order on the Site.
Legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notice and the data charter of this Site.
This Site offers online sales of menstrual health products and accessories.
The Site is freely accessible to all Customers. The purchase of a Product or Service implies the acceptance by the Customer of the entirety of these GTC, who acknowledges having fully understood them. This acceptance may consist, for example, in the Customer checking the box corresponding to the sentence accepting these GTC, for example with the words "I acknowledge that I have read and accepted all the general conditions of the Site". The fact of ticking this box will be deemed to have the same value as a handwritten signature by the Customer.
Acceptance of these GTCs assumes that the Customer has the legal capacity to do so. If the customer is a minor or does not have the legal capacity to do so, he/she declares that he/she has the permission of a guardian, curator or legal representative.
The Customer acknowledges the value of the Seller's automatic recording systems as evidence and, unless he/she can prove otherwise, waives the right to contest them in the event of a dispute.
ARTICLE 3 - CREATION OF A CUSTOMER ACCOUNT
The creation of a "customer account" is a prerequisite to any order by the Customer on this Site. To this end, the Customer will be asked to provide a certain amount of personal information such as his first and last name, his email address, his postal address and his telephone number, this list not being exhaustive. In this respect, the Customer undertakes to provide accurate information. The Customer is responsible for updating his data. He must therefore notify the Seller without delay in the event of any change. The Customer is solely responsible for the truthfulness, accuracy and relevance of the data provided.
The Customer registered with the Site can access it by logging in using his identifiers (e-mail address defined at the time of registration and password) or possibly by using systems such as third-party social network connection buttons. The Customer is entirely responsible for the protection of the password he/she has chosen. He is encouraged to use complex passwords. If the Customer forgets his password, he can generate a new one. This password guarantees the confidentiality of the information contained in the "my account" section and the Customer shall therefore refrain from transmitting or communicating it to a third party. Failing this, the Seller shall not be held responsible for any unauthorised access to a Customer's account.
The customer account allows the Customer to consult all his orders placed on the Site. If the data contained in the customer account section were to disappear as a result of a technical failure or a case of force majeure, the Seller shall not be held liable, as this information has no evidential value but is solely for information purposes. The pages relating to the customer account may be freely printed out by the Customer holding the account in question, but they do not constitute proof of anything; they are only of an informative nature intended to ensure efficient management of the Customer's orders or contributions.
Each Customer is free to close his account on the Site. To do so, he must send an e-mail to the Seller indicating that he wishes to delete his account. No recovery of his data will then be possible.
The Seller reserves the exclusive right to delete the account of any Customer who has contravened these GTC (in particular, and without this example being exhaustive, when the Customer has knowingly provided incorrect information when registering and setting up his personal space) or any account that has been inactive for at least one year. Such deletion shall not constitute a loss for the Customer who shall not be entitled to claim any compensation as a result. This exclusion is not exclusive of the possibility for the Seller to take legal action against the Customer, when the facts justify it.
ARTICLE 4 - HOW TO PLACE AN ORDER AND DESCRIPTION OF THE PURCHASING PROCESS
The Products and Services offered are those which appear in the catalogue published on the Site. These Products and Services are offered within the limits of available stocks. Each Product is accompanied by a description drawn up by the Seller according to the descriptions provided by the supplier.
The photographs of the Products in the catalogue reflect a faithful image of the Products and Services offered but do not constitute a contractual commitment insofar as they cannot ensure a perfect similarity with the physical Products.
The "Shopping Cart" is defined below as the immaterial object grouping together all the Products or Services selected by the Site's Customer with a view to purchase by clicking on these elements. In order to proceed with the order, the Customer chooses the Product(s) that he/she wishes to order by adding them to his/her "Basket", the content of which may be modified at any time.
Once the Customer considers that he/she has selected and added to his/her basket all the Products he/she wishes to purchase, he/she will be able to validate his/her order by clicking on the button provided for this purpose. The Customer will then be redirected to a summary page on which he/she will be informed of the number and characteristics of the Products ordered, as well as their unit price.
If he wishes to validate his order, the Customer must tick the box relating to the ratification of these GTC and click on the validation button. The Customer will then be redirected to a page where he/she must fill in the order form fields. In the latter case, he/she will have to fill in a certain amount of personal data concerning him/her, which is necessary for the proper processing of the order.
All orders placed on the Site must be duly completed and must specify the necessary information. The Customer may make changes, corrections, additions, or cancel the order until it is validated.
Once the Customer has filled in the form, he/she will be invited to make his/her payment using the payment methods listed in the section of these GTC relating to payments. After a few moments, the Customer will be sent an e-mail confirming the order, reminding him/her of the content of the order and the price.
The Products sold remain the property of the Seller until full payment of the price, in accordance with this retention of title clause.
ARTICLE 5 - PRICES AND PAYMENT TERMS
Unless otherwise stated, the prices listed in the catalogue are in Euros and include all taxes, taking into account the VAT applicable on the day of the order and excluding any contribution to processing and shipping costs.
Teolab reserves the right at any time to modify its prices and to pass on, if applicable, any change in the current VAT rate to the price of the Products or Services offered on the Site. Nevertheless, the price listed in the catalogue on the day of the order will be the only one applicable to the Customer.
The Customer may place an order on this Site and may pay by credit card. Payments by credit card are made by means of secure transactions provided by an online payment platform provider, Stripe.
This Site does not have access to any data relating to the Customer's means of payment. Payment is made directly to the payment provider receiving the Customer's payment. The availability of the Products is indicated on the Site, in the description of each Product.
Teolab will archive the order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 221-1 of the Consumer Code. The computerised registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
ARTICLE 6 - DELIVERIES
The delivery costs will be indicated to the Customer before any payment is made and only concern deliveries made to deliverable countries.
Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract with a Consumer Customer.
The Customer may refuse a parcel at the time of delivery if he/she notices any anomaly concerning the delivery (damage, missing Product compared to the order, damaged parcel, broken Products, etc.); any anomaly must then be indicated by the Customer in the form of handwritten reserves, accompanied by the Customer's signature and sent by email to the Luneale Customer Service. In order to exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods. If the Customer fails to comply with these instructions, he shall not be able to exercise his right of refusal, and the Seller shall not be obliged to grant the Customer's request to exercise his right of refusal.
If the Customer's parcel is returned to the Seller by the Post Office or other postal service providers, the Seller shall contact the Customer on receipt of the returned parcel to ask him/her what action to take on his/her order. If the Customer has mistakenly refused the parcel, he may request that it be returned by first paying the postal charges for the new shipment plus the cost of processing the return of two euros and thirty cents (€2.30). The postal charges must be paid even for orders for which the postal charges were offered at the time of the order. If the Customer wishes to cancel his order, his purchase will be reimbursed, excluding the initial delivery costs and with a deduction corresponding to the costs of processing the return, within fourteen (14) days.
In the event of a delivery error or exchange (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract entered into to acquire the Product or Service allows withdrawal, in accordance with Article L.221-18 et seq. of the French Consumer Code), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. The Seller shall not be held responsible for any defect resulting from the Customer's clumsiness or false manoeuvre.
Any delay in delivery in relation to the date or deadline indicated to the Consumer Customer at the time of his order or, in the absence of indication of a date or deadline at the time of the order, in excess of thirty (30) days from the conclusion of the contract may result in the cancellation of the sale at the initiative of the Consumer Customer, upon his written request by registered letter with acknowledgement of receipt, if after having enjoined the Seller to carry out the delivery, he has not complied. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, of the total amount paid. This clause is not intended to apply if the delay in delivery is due to force majeure.
ARTICLE 7 - RIGHT OF WITHDRAWAL AND WITHDRAWAL FORM
In accordance with article L.221-18 of the French Consumer Code, and if the right of withdrawal is applicable, the Consumer Customer has a period of fourteen (14) working days from the date of receipt of the Product of his order or from the conclusion of the contract for the provision of services, to withdraw. He/she will be obliged to return any Product that does not suit him/her and request an exchange or refund, except for the initial shipping costs and the cost of processing the return of €2.3, within fourteen days of Teolab's receipt of the refund request.
The Product must be returned in perfect condition. If necessary, it must be accompanied by all its accessories. The Consumer Customer can find below a standard withdrawal form for an order placed on the Site, to be sent by registered letter with acknowledgment of receipt to Teolab. It is understood that the Customer will bear the cost of returning the Product in the event of withdrawal, as well as the cost of returning the Product if, due to its nature, it cannot normally be returned by post.
If the above obligations are not fulfilled, the Customer will lose his right of withdrawal and the Product will be returned at his expense.
It is recommended that the Customer return the goods using a solution that allows the package to be tracked. Otherwise, if the returned package does not reach the Seller, it will not be possible to launch an investigation with the postal services in order to ask them to locate it.
The refund will be made using the same method of payment as the one chosen by the Customer for the initial transaction, unless the Customer expressly agrees that the Seller may use another method of payment, and insofar as the refund does not incur any costs for the Customer.
The Seller also reserves the right to defer the refund until receipt of the Product or until the Customer has demonstrated that he has shipped the Product, if such demonstration has not previously taken place.
In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.
In accordance with article L221-5 of the French Consumer Code, ("loi Hamon") of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site:
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of Teolab, Customer Service - 176 av Charles de Gaulle - 92522 Neuilly s/Seine cedex
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of the services (*) below:
Ordered on (*)/received on (*) :
Name of the Client(s) :
Address of the Client(s) :
Signature of the Client(s) (only in case of notification of this form on paper) :
(*) Delete as appropriate.
ARTICLE 8 - PRODUCT GUARANTEE
All items purchased on this site benefit from the following legal guarantees, as provided for by the Civil Code;
LEGAL GUARANTEE OF CONFORMITY
According to articles L.217-4 and following of the French Consumer Code, the Seller is required to deliver goods in conformity with the contract concluded with the Consumer Customer and to answer for any defects in conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect existed on the day the Product was taken into possession. However, if the defect appeared within 24 months of this date, it is presumed to fulfil this condition. But, in accordance with Article L.217-7 of the Consumer Code, "the Seller may rebut this presumption if it is not compatible with the nature of the [Product] or the claimed lack of conformity".
However, after this period of 24 months, it will be up to the Customer to prove that the defect existed at the time of taking possession of the Product.
In accordance with Article L.217-9 of the Consumer Code: "In the event of a lack of conformity, the buyer may choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In such a case, the seller is obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
LEGAL GUARANTEE AGAINST HIDDEN DEFECTS
According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the guarantee for hidden defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore do not result from normal wear and tear of the Product for example) and are sufficiently serious (the defect must either render the Product unfit for the purpose for which it was intended, or diminish that purpose to such an extent that the buyer would not have purchased the Product or would not have purchased it at such a price had he known of the defect).
Complaints, requests for exchange or reimbursement for a non-conforming Product must be made by post or by e-mail to the addresses indicated in the legal notices on the site.
In the event of non-conformity of a delivered Product, it may be returned to the Seller who will exchange it. If it is impossible to exchange the Product (obsolete Product, out of stock, etc.), the Customer will be reimbursed by cheque or bank transfer for the amount of his order. The costs of the exchange or refund procedure (in particular the cost of returning the Product) shall be borne by the Seller.
ARTICLE 9 - CUSTOMER SERVICE
The customer service department of this Site can be reached by e-mail at the following address:email@example.com by post at the address indicated in the legal notice.
ARTICLE 10 - LIABILITY
The Seller Teolab shall not be held responsible for the non-performance of the contract concluded due to the occurrence of an event of force majeure. With regard to the Products purchased, the Seller shall not be liable for any indirect damage, operating loss, loss of profit, damage or expense that may occur.
The choice and purchase of a Product or Service is the sole responsibility of the Customer.
The total or partial impossibility of using the Products, in particular due to incompatibility of the equipment, shall not give rise to any compensation, reimbursement or liability on the part of the Seller, except in the case of a proven latent defect, non-conformity, defect or exercise of the right of withdrawal if applicable, i.e. if the Customer is not a Consumer Customer and the contract entered into to acquire the Product or Service allows for withdrawal, in accordance with Article L 221-18 et seq. of the French Consumer Code.
The Customer expressly admits using the Site at his own risk and under his exclusive responsibility. The Site provides the Customer with information for information purposes, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, Teolab shall not be held responsible in any way:
- any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of clientele, loss of data, etc., which may result from the use of the Site or, on the contrary, from the impossibility of using it;
- a malfunction, unavailability of access, misuse, poor configuration of the Customer's computer, or the use of a browser not widely used by the Customer;
- the content of advertisements and other links or external sources accessible by the Customers from the Site.
The photographs and visuals of the Products presented on the Site are not contractual in nature, and the Seller shall not be held liable if the characteristics of the Products differ from the visuals present on the Site or if the latter are erroneous or incomplete.
ARTICLE 11 - INTELLECTUAL PROPERTY RIGHTS
All the elements of this Site belong to the Seller or to a third party agent, or are used by the Seller with the authorisation of their owners.
Any reproduction, representation, adaptation of the logos, textual, pictorial or video contents, without this list being restrictive, is strictly prohibited and is tantamount to counterfeiting.
Any Customer who is guilty of infringement may have his or her account deleted without notice or compensation and without this deletion constituting damage, without prejudice to any subsequent legal proceedings against him or her, at the initiative of the Seller or his or her agent.
This Site uses elements (images, photographs, content) for which the credits go to : Teolab, iStockphoto, Fotolia, Freepik, Unsplash.
The trademarks and logos contained in the Site may be registered by Teolab, or possibly by one of its partners. Any person proceeding to their representations, reproductions, imbrications, distributions and rebroadcasts incurs the sanctions provided for in articles L.713-2 and following of the Intellectual Property Code.
ARTICLE 12 - INDEPENDENCE OF CLAUSES
If any provision of the T&Cs is held to be illegal, invalid or for any other reason unenforceable, then that provision shall be deemed severable from the T&Cs and shall not affect the validity and enforceability of the remaining provisions.
These T&Cs supersede all prior or contemporaneous written or oral agreements. The GTC are not assignable, transferable or sub-licensable by the Customer himself.
A printed version of the GTCs and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the GTCs. The parties agree that all correspondence relating to these GTCs shall be in the French language.
ARTICLE 13 - APPLICABLE LAW AND MEDIATION
These GTC are governed by and subject to French law.
Except in the case of public order provisions, any disputes that may arise in the context of the execution of these GTC may, before any legal action is taken, be submitted to the Site Editor for an amicable settlement.
In the event of a dispute relating to an Order, the Customer shall first contact the Seller, in order to find an amicable solution, by email at firstname.lastname@example.org.
The mediator may only be contacted after the Customer has made prior written representations to the Seller.
In addition, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent settlement by extrajudicial means of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
All rights reserved - Luneale - July 2021