Terms and conditions of sale

GENERAL TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale (hereinafter "GTC") govern sales made on the website www.luzendya.com (hereinafter the "Site").

Any order placed on the Site implies unreserved acceptance of these GTC.

ARTICLE 1 – SELLER IDENTIFICATION

These General Terms and Conditions of Sale are offered by:

Luzendya

Sole proprietorship (Autónoma) registered in Spain.

Operator:
Emmanuelle Alvarez

Business address:
Avenida América 120
08304 Mataró (Barcelona)
Spain

Intra-community VAT number:
ESX9623577D

Email address:
contact@luzendya.com

Phone:
[To be completed]

The Seller can be contacted at any time via their contact form or by email.

ARTICLE 2 – PURPOSE

These General Terms and Conditions of Sale aim to define the respective rights and obligations of the Seller and the Customer in the context of the online sale of products offered on the Site.

They apply to any order placed by a legal-aged consumer with the legal capacity to enter into a contract.

The Customer acknowledges having read these GTC before any order validation and declares to accept them unreservedly.

The Seller reserves the right to modify these GTC at any time.

The applicable GTC are those in force on the date of order validation.

ARTICLE 3 – SCOPE OF APPLICATION

These General Terms and Conditions of Sale apply exclusively to sales made to individual consumers.

The products offered on the Site are intended for personal use and cannot be resold for professional purposes without prior written authorization from the Seller.

The Site notably delivers to the following countries:

  • France
  • Belgium
  • Spain
  • Switzerland
  • United Kingdom

The Seller reserves the right to modify the countries eligible for delivery at any time.

If a provision of these GTC is declared null or unenforceable, the other provisions shall remain fully applicable.

The fact that the Seller does not invoke a provision of these GTC cannot be interpreted as a waiver thereof.

ARTICLE 4 – PRODUCTS

Luzendya markets products intended for comfort, relaxation, well-being, and improving sleep experience.

The essential characteristics of the products are described on each product page.

The Customer is required to read them before placing any order.

Photographs, illustrations, videos, descriptions, and graphic representations are presented with the utmost care.

However, they are not absolutely contractual.

Minor differences in color, texture, dimensions, or finish may exist depending on:

  • screen settings;
  • manufacturing series;
  • manufacturer's technical developments;
  • materials used.

These differences do not constitute a lack of conformity.

The Seller reserves the right to improve or modify non-essential characteristics of the products without notice, provided that these modifications do not affect their main functionalities.

Products marketed by Luzendya are comfort products.

They are not medical devices.

They are not intended to diagnose, treat, prevent, or cure any disease.

The information on the Site does not in any way replace medical advice.

The Customer remains solely responsible for the use they make of the products.

ARTICLE 5 – PRODUCT AVAILABILITY

The products offered on the Site are available within the limits of stock available from the Seller's logistics partners.

As part of its activity, Luzendya works with partners specializing in order preparation and shipping.

Despite regular updates of availability, a product may exceptionally become unavailable after order validation.

In this case, the Customer will be informed as soon as possible.

They can choose between:

  • a full refund of the sums paid;
  • waiting for a restock when possible;
  • replacement by an equivalent product, subject to their prior agreement.

The Seller cannot be held responsible for a temporary or permanent stock outage beyond its control.

No compensation can be claimed in this regard.

ARTICLE 6 – PRICE

Prices displayed on the Site are indicated in the currency applicable to the delivery country and include taxes where legally applicable.

Delivery costs, when not offered, are specified before the final validation of the order.

The Seller reserves the right to modify its prices at any time.

However, products are invoiced based on the price displayed at the time of order validation.

In the event of an obvious pricing error resulting from a technical malfunction or a material error, the Seller reserves the right to cancel the order and proceed with a full refund of the sums paid.

ARTICLE 7 – ORDER

The Customer selects the product(s) they wish to purchase and adds them to their cart.

Before validating their order, the Customer can check its details, correct any errors, and modify their cart.

Order validation implies full and unreserved acceptance of these General Terms and Conditions of Sale, the characteristics of the ordered products, and their price.

An order confirmation is sent to the Customer by email to the address provided during the order process.

The Seller reserves the right to refuse, suspend, or cancel any order, particularly in the following cases:

  • incomplete, inaccurate, or fraudulent information;
  • abusive use of the Site;
  • prior dispute with the Customer;
  • refusal of payment authorization;
  • suspicion of fraud or identity theft;
  • inability to execute the order for a reason beyond the Seller's control.

In the event of order cancellation by the Seller, any sums paid will be fully refunded.

The order is considered definitively accepted only after payment validation.

ARTICLE 8 – PAYMENT

Payment is due in full at the time of order validation.

The Site offers various secure payment methods. The available methods are displayed during the order process.

Payments are processed by specialized providers that comply with current security standards.

The Seller never has access to the Customer's banking data.

In the event of a banking authorization refusal, suspected fraud, or payment failure, the order will be automatically canceled.

The Seller reserves the right to request any additional information necessary to verify an order presenting a particular risk.

ARTICLE 9 – DELIVERY

Products are delivered to the address indicated by the Customer when placing the order.

The Customer is solely responsible for the accuracy of the information provided.

In the event of an incorrect address, an incomplete address, refusal to receive, or repeated absence during delivery, the costs associated with a new shipment may be charged to the Customer.

The delivery times indicated on the Site are indicative.

They may vary particularly depending on:

  • the destination country;
  • the carrier;
  • customs formalities;
  • periods of high activity;
  • exceptional circumstances beyond the Seller's control.

The Seller cannot be held responsible for delays attributable to the carrier, customs authorities, or any case of force majeure.

In the event of an abnormal delay, the Customer is invited to contact customer service so that an investigation can be opened with the carrier.

When the package is officially declared lost by the carrier, the Seller will proceed, at its discretion, to:

  • the free re-shipment of an identical product;
  • or a full refund of the order.

The transfer of risks occurs when the Customer, or a third party designated by them, takes physical possession of the product.

ARTICLE 10 – RIGHT OF WITHDRAWAL

In accordance with applicable consumer protection regulations, the Customer has a period of fourteen (14) calendar days from receipt of the product to exercise their right of withdrawal, without having to provide reasons or bear costs other than those provided for by law.

To exercise this right, the Customer must notify their decision to the Seller before the expiration of the withdrawal period, by email or via the contact form available on the Site.

The terms and conditions for exercising the right of withdrawal, product return conditions, possible exclusions, refund periods, and the entire applicable procedure are detailed in the Return and Refund Policy, accessible at any time on the Site.

This policy is an integral part of these General Terms and Conditions of Sale.

ARTICLE 11 – RETURN AND REFUND POLICY

The conditions applicable to returns, exchanges, refunds, non-returnable products, and processing times are defined in the Return and Refund Policy available on the Site.

The Customer acknowledges having read this policy before validating their order.

In the event of a contradiction between these General Terms and Conditions of Sale and the Return and Refund Policy, mandatory legal provisions shall remain applicable.

ARTICLE 12 – LEGAL GUARANTEES

Products marketed by Luzendya benefit from the legal guarantees applicable in the consumer's country of residence, when these are mandatory.

For consumers residing in France, the Customer notably benefits from:

  • the legal guarantee of conformity provided for in Articles L.217-3 et seq. of the Consumer Code;
  • the guarantee against hidden defects provided for in Articles 1641 et seq. of the Civil Code.

These guarantees apply independently of any commercial guarantee that may be offered by the Seller.

In the event of a lack of conformity or a hidden defect, the Customer is invited to contact customer service as soon as possible so that their request can be examined and an appropriate solution can be offered, in accordance with applicable regulations.

Legal guarantees do not cover damage resulting notably from:

  • use not in accordance with the instructions provided;
  • normal wear and tear of the product;
  • improper handling or unsuitable maintenance;
  • modifications or repairs carried out by an unauthorized person;
  • an accident, negligence, or external cause.

ARTICLE 13 – LIABILITY

The Seller makes every effort to ensure the accuracy of information published on the Site and the availability of products offered for sale.

However, the Seller cannot be held responsible for damages resulting in particular from:

  • improper use of the product by the Customer;
  • failure to comply with usage or maintenance instructions;
  • abnormal, diverted, or non-compliant use of the product's intended purpose;
  • normal wear and tear of the product;
  • a case of force majeure or any event reasonably beyond its control.

The photographs, videos, illustrations, descriptions, and visuals present on the Site are provided for illustrative purposes. Despite the care taken in their creation, slight differences may exist between the visuals presented and the product delivered, without this constituting a defect of conformity.

The Seller cannot be held responsible for temporary interruptions of the Site, technical malfunctions, maintenance operations, or disruptions of the Internet network or telecommunications services.

The Seller's liability is in any case limited to direct and foreseeable damages resulting from a proven breach of its contractual obligations, subject to applicable mandatory legal provisions.

No provision of these General Terms and Conditions of Sale shall exclude or limit the Seller's liability when such exclusion or limitation is prohibited by law.

ARTICLE 14 – INTELLECTUAL PROPERTY

All elements present on the Site, including texts, photographs, videos, illustrations, graphics, logos, icons, trademarks, trade names, graphic charter, sound elements, as well as the general structure of the Site are protected by intellectual property laws.

They remain the exclusive property of Luzendya or their respective owners.

Any reproduction, representation, distribution, adaptation, translation, extraction, modification, or exploitation, in whole or in part, of these elements, by any process or on any medium whatsoever, is strictly prohibited without the prior written authorization of the Seller.

Any unauthorized use may engage the civil and criminal liability of its author.

The Customer undertakes not to make any use of the Site's content that may infringe the intellectual property rights of the Seller or third parties.

ARTICLE 15 – PERSONAL DATA

As part of the execution of orders and customer relationship management, the Seller collects and processes certain personal data.

These processing operations are carried out in accordance with Regulation (EU) 2016/679 (GDPR) and applicable data protection legislation.

Information relating to the processing carried out, the purposes pursued, the recipients of the data, the retention periods, and the rights of the data subjects are detailed in the Privacy Policy accessible on the Site.

The Customer can exercise their rights of access, rectification, erasure, restriction, opposition, or portability under the conditions provided by applicable regulations by contacting the Seller.

ARTICLE 16 – FORCE MAJEURE

The Seller cannot be held responsible for the non-performance or delay in the performance of its obligations when this results from an event reasonably beyond its control.

Cases of force majeure or exceptional circumstances include, but are not limited to:

  • natural disasters;
  • fires;
  • floods;
  • pandemics or health crises;
  • armed conflicts;
  • acts of terrorism;
  • general strikes;
  • major disruptions to transport or communication networks;
  • administrative or governmental decisions;
  • exceptional failure of a supplier, carrier, or service provider essential to the performance of the order.

During the duration of the event, the affected obligations are suspended. They will resume as soon as the cause preventing their execution disappears.

ARTICLE 17 – APPLICABLE LAW AND DISPUTE RESOLUTION

These General Terms and Conditions of Sale are governed by Spanish law, without prejudice to more protective mandatory provisions benefiting the consumer under the legislation of their usual country of residence.

In the event of a complaint, the Customer is invited to first contact Luzendya's customer service to seek an amicable solution.

Failing an amicable agreement, the consumer Customer may, free of charge, resort to an alternative dispute resolution method when this possibility is provided for by applicable regulations.

In accordance with Regulation (EU) No 524/2013, consumers residing in the European Union may also access the European online dispute resolution (ODR) platform, subject to its availability and applicable legal provisions.

Any dispute that cannot be resolved amicably will be submitted to the competent courts in accordance with the rules of jurisdiction provided by applicable legislation.

These provisions in no way deprive the consumer of the mandatory rights recognized by law.

ARTICLE 18 – FINAL PROVISIONS

These General Terms and Conditions of Sale constitute the entire agreement concluded between the Seller and the Customer concerning sales made on the Site.

The fact that the Seller does not avail itself, at any given time, of any of the provisions of these GTCs cannot be interpreted as a waiver of the right to avail itself of them later.

If any provision of these GTCs is declared void, illegal, or unenforceable by a competent court, this provision shall be deemed unwritten, without affecting the validity of the other provisions which shall remain fully applicable.

These General Terms and Conditions of Sale may be modified at any time by the Seller to take into account legal, regulatory, technical, or commercial developments.

The applicable General Terms and Conditions of Sale are those in force on the date of validation of the order by the Customer.

These General Terms and Conditions of Sale are written in French. In the event of translation into one or more other languages, only the French version shall prevail in case of divergence of interpretation, unless mandatory legal provisions dictate otherwise.

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