Terms of use

1. DEFINITIONS

" Clients) "

Refers to the Internet user(s) browsing the Lulior Site and making an online purchase of Product(s) for personal purposes.

" Terms of Sales "

Refers to these general conditions of sale of Products on the Site.

“Lulior”

Refers to Lulior Laboratoires SAS, a simplified limited company with share capital of 2,000 Euros, registered in the Paris trade and companies register under number 908 568 082, whose head office is located at 66, avenue des Champs Elysées, 75008 Paris

“Part(s)”

Refers alternatively or collectively to Lulior and/or the Client(s).

“Products”

Refers to the care and cosmetic products offered for sale on the Site under the conditions of article 3 below.

" Site "

Refers to Lulior's e-commerce website accessible via the Internet at the address http://www.lulior.com offering the Products for sale.

2. PURPOSE - SCOPE OF THE GENERAL CONDITIONS OF SALE

The purpose of these General Conditions of Sale is to define, due to the relationships they establish on the Site, the terms of online sale of Products by Lulior to Customers, as well as the rights and obligations of the Parties arising from the online sale. of the Products offered on the Site. They determine all the steps necessary for placing the order and ensure the monitoring of this order between the Parties.

By placing an order for a Product on the Site, the Customer acknowledges having read the General Conditions of Sale and having accepted them without restriction, this acceptance being in no way conditioned by a handwritten signature on the part of the Customer.

Consultation of the Site by the Customer is also governed by the legal notices which he accepts without reservation and which are accessible at the address link to legal notices. It is specified that the Customer may save or print these General Conditions of Sale, provided however not to modify them.

Lulior reserves the right to update the General Conditions of Sale at any time. It is understood, however, that the General Conditions of Sale applicable to any order are those accepted by the Customer at the time of validation of his order.

The General Conditions of Sale apply to any online sale made on the Site.

3. PRODUCTS

The Products offered for sale by Lulior are those which appear on the Site, on the day of consultation of the Site by the Customer and within the limits of available stocks. Lulior reserves the right to modify the assortment of Products on sale at any time.

4. PRICE

The prices of the Products are firm. They are indicated in Euros. The current price is that indicated on the Site at the time the order is placed, unless there is a typographical error. These prices take into account the VAT applicable on the day of the order but do not include any delivery costs which will be invoiced in addition and will be specified to the Customer upon final validation of their order.

The amount of any delivery costs is calculated as a flat rate as described in articles 6.2 and 8 below.

The price invoiced to the Customer is the price indicated at the time of payment and on the order confirmation sent by email by Lulior to the Customer.

LULIOR reserves the right, which the Customer accepts, to modify its prices at any time, without any formality other than posting the modifications on the Site. These modifications will, however, have no impact on orders that LULIOR will have accepted before the entry into force of these modifications, subject to the availability of the Products ordered.

5. RESERVATION OF OWNERSHIP

The Products ordered remain the property of LULIOR until full payment of their price. However, on the actual date of delivery, the risks (in particular loss, theft or deterioration) concerning the Products delivered are assumed by the Customer.

6. ORDER TERMS

6.1 Order placed on the Site

6.1.1 Navigation within the Site

The Customer can read the different Products offered for sale by LULIOR on the Site. The Customer can freely browse the different pages of the Site, without being committed to an order.

6.1.2 Registration of the order

To place an order on the Site, the Customer must be of legal age and have legal capacity.

In order to place an order, the Customer can log in to his account, create an account if he does not have one or only provide the elements necessary for his order to be processed when ordering.

It is specified that the Products are intended for the Customer's personal use, without any direct connection with a professional activity. As such, the Customer's attention is particularly drawn to the fact that he cannot order more than ten (10) Products of the same reference per order.

Orders will be accepted while stocks last. To this end, the Customer is informed at the time of ordering, either by the Customer Relations Department, or on the information page of the Site describing each of the Products of the availability of the Product.

If, despite Lulior's vigilance, one or more Products ordered are no longer available, LULIOR will inform the Customer by any means (telephone call or email) as soon as possible and will reimburse the price possibly invoiced for the Product(s). unavailable by credit to the Customer's bank account.

If the Customer wishes to place an order, he will choose the different Products in which he is interested and which he wishes to purchase, and will express said interest by clicking on the “ORDER” button and will specify, where applicable, the desired quantities. The Product(s) are then added to their “Basket”. After filling their “Basket”, the Customer clicks on the “FINALIZE THE ORDER” button and provides their email address, billing address, desired delivery address and information relating to the chosen delivery method (express mail or standard), the amount of any delivery costs being specified on this occasion. Once all this information has been regularly entered and validated, the price of the Products – as defined in article 4 hereof – as well as any delivery costs are automatically displayed on the “PROCEED TO PAYMENT” button to access payment at the next step “BILLING AND PAYMENT”.

6.1.3 Delivery territory eligible for an order

The Customer may only place an order for Products for delivery in mainland France, Corsica, Monaco and the United States exclusively. Any order mentioning another delivery location will be rejected.

6.1.4 Final validation of the order

The Customer provides information relating to the chosen payment method in compliance with the conditions of article 7 of these General Conditions of Sale.
Before clicking on the “PAY AND PLACE AN ORDER” button, the Customer has the option of:

- check the details of your order and its total price;
- correct any errors made in data entry or modify your order by returning to the previous steps or by browsing the Site.

By clicking on “PAY AND PLACE AN ORDER”, the Customer accepts these General Conditions of Sale. To definitively validate their order, the Customer must click on the “PAY AND PLACE AN ORDER” button to debit their bank account. The bank account debit authorization issued by the Customer's bank is displayed. The Customer is recommended to record and/or print said debit authorization on paper. When the Customer's bank account is authorized to be debited by his bank, his "Basket" is directly transmitted to the Lulior order preparation service, the Customer then seeing his order number displayed. From the moment the Customer confirms his order by clicking on the “PAY AND PLACE AN ORDER” button, he will no longer be able to cancel or modify his order. However, upon receipt of the order, the Customer may exercise his right of withdrawal under the conditions provided for in article 10 of these General Conditions of Sale. Following validation of the payment by the Customer, confirmation of acceptance of the order will be sent by email to the Customer by Lulior.

6.1.5 Confirmation of acceptance of the order

The sale will only be considered final after confirmation of acceptance of the order by LULIOR has been sent to the Customer by email. In accordance with the provisions of article 1126 of the Civil Code, the Customer formally accepts the use of electronic mail for confirmation by LULIOR of the content of his order. This confirmation email includes all the information communicated by the Customer with an indication, where applicable, of any difficulties or reservations raised by the order (availability of the Products ordered, delivery times or method of payment chosen). It mentions the order number assigned to the Customer by Lulior.

7. PAYMENT

7.1. Payment for orders placed on the Site

7.1.1 Payment cards

Unless the server is unavailable, the Customer may pay for their order after final validation on the Site using a CB, Visa, Mastercard, American Express payment card or a Paypal account. The Customer will enter his card number, its expiry date, the name of the card holder and the visual cryptogram (the last three or four numbers written on the back of his bank card). Payments by check are not accepted.

Payment is made via the secure server of our partner, a secure payment operator. Payment by credit card is perfectly secure.

LULIOR reserves the right to refuse any order or delivery in the event of an existing dispute with the Customer, total non-payment of a previous order by the Customer, or refusal of authorization for payment by credit card from banking organizations. The Customer guarantees LULIOR that he has the authorizations that may be necessary to use the payment method chosen at the time of validation of the order. If the bank refuses, the order will be automatically canceled and the Customer will be notified by sending an email.

8. DELIVERIES

8.1 Products ordered via the Site are delivered by La Poste Colissimo or Mondial Relay within a maximum period of 7 working days for Colissimo Suivi mode. Shipping costs are free for mainland France.

In the event of non-delivery or dispute relating to delivery data (delivery date, delivery against signature, etc.), the Customer must contact LULIOR Customer Service in order to open a complaints procedure. LULIOR Customer Service may request any information relating to the identity of the Customer or third party beneficiary and carry out any useful verification on this occasion, and in particular request a handwritten sworn certificate, in order to obtain from the carrier the copy of the digitized signature including the date and signature of the recipient of the package and the opening of an investigation.

8.2 Delivery of the Products can only take place to the delivery address indicated by the Customer when ordering.

The Customer is informed and accepts that his order will be delivered against signature, regardless of the delivery method chosen. He must therefore ensure that he indicates a delivery address allowing the carrier, in the absence of the Customer or third-party beneficiary, to deliver the package in person to a recipient able to sign (building caretaker, service reception, etc.), or to file a notice of action allowing the Customer or third party beneficiary to collect the package.

Deliveries for which the delivery address provided on the Site will be that of:
- a hotel or other accommodation;

- a remaining post;
- a post office box;

- a non-fixed address or domicile (that is to say, and without this list being exhaustive, mobile homes, caravans, campsites, and other non-fixed domiciles) or in a collective place where an address cannot be attributed in a clear and lasting manner to a natural or legal person.

8.3 Delivery of the Products will take place, after payment of the amount of the order has been recorded, to the delivery address indicated by the Customer. To this end, the latter undertakes to have communicated an exact delivery address to Lulior.

8.4 Delivery of the Products ordered via the Site will take place on the date or within the period indicated to the Customer by LULIOR and at the latest within thirty (30) days after validation of the order.

9. ANOMALIES CONCERNING DELIVERY – COMPLIANCE – LEGAL GUARANTEES

Sales of Lulior products are final. No returns will be accepted unless there is non-compliance or anomaly.

9.1 The Customer must check the external condition of the package and the Products upon delivery and verify that the Products delivered to them correspond to their order. Any anomaly concerning delivery (damaged packages, missing Products compared to the Lulior invoice, late delivery, etc.) must be the subject of reservations entered on the delivery receipt presented by the carrier. The Customer must also report this anomaly by email to Lulior at the following address: info@lulior.com in order to improve the quality of service that may be offered to him and to allow LULIOR to carry out an investigation of the carrier.

9.2 In the event that the Customer has reported a missing Product or a delay in delivery of the order, an investigation with the carrier will be opened. If at the end of this investigation, the Product or order is found, it will be re-directed to the delivery location designated in the order form. On the other hand, if at the end of this investigation, the Product ordered or the order is not found, LULIOR will reimburse the Customer for all the sums paid at the latest within 14 days following the outcome of the investigation. . More generally, in the event of late delivery of the order for more than thirty (30) days after the Customer has reported it, the Customer may terminate the contract under the conditions of article L.216 2 of the Code of consumption, and as such LULIOR will reimburse the Customer for all sums paid no later than 14 days following the date on which the contract was terminated.

9.3 In the event that the Products delivered ordered via the Site do not conform to the order or if they present hidden defects, the Customer must:

- inform LULIOR as soon as possible by email to Lulior at the following address:info@lulior.com indicating the reason for refusing the order and justifying the non-conformity or hidden defect of the Product(s) s).

- return the Products in question in their original packaging (or, at the very least, in packaging providing equivalent protection to said Products during their return transport), where applicable in the unopened original box, in perfect condition, unopened, complete (accessories, instructions, warranty, etc.) and accompanied by the returned return slip. In the event of the return of Products which have been the subject of a promotional offer including one or more gifts against purchase, the gifts granted by LULIOR linked to the purchase of one or more Products must be returned by the Customer to Lulior.

The Customer is recommended to keep all proof of the return of the Product by registered mail (proof of sending, tracking number, etc.), or by any other means giving a certain date. With the exception of the above hypotheses, no Product exchange is authorized. Return costs are the responsibility of LULIOR which will provide the Customer with a pre-filled and pre-paid transport label.

9.4 Notwithstanding the specific commercial guarantee conditions possibly given to the Customer with the delivered Product, LULIOR Products are subject to the guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 of the Consumer Code and to the warranty relating to defects in the item sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the Civil Code.

• Legal guarantee of conformity

Article L. 2174 of the Consumer Code: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. ".

Article L. 217-5 of the Consumer Code: “The good complies with the contract:
1º If it is suitable for the use usually expected of similar goods and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2º Or if it presents the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. ".

Article L. 217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed two years from the delivery of the good. ".

Article L. 217-16 of the Consumer Code: “When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a discount in a condition covered by the warranty, any period of downtime of at least seven days is added to the remaining warranty period.
This period runs from the buyer's request for intervention or the making available for repair of the good in question, if this making available is subsequent to the request for intervention.

As part of the legal guarantee of conformity, provided that the Customer's request meets the conditions for the guarantee to apply, the Customer may obtain:

• the repair or replacement of the Product with an identical product (provided that this product is available in stock), at the Customer's choice unless one of these options results in a disproportionate cost for LULIOR compared to the other possible option, Or
• if repair or replacement of the Product is not possible, reimbursement of the price of the Product if the Customer returns the Product or part of the price of the Product if the Customer keeps the Product, to the exclusion of any compensation, by credit to the Customer's bank account, at the latest within fourteen (14) days following receipt by Lulior of the returned Product.

• Guarantee against hidden defects

Article 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer does not would not have acquired, or would have only given a lower price, if he had known them.

Article 1648 paragraph 1 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect”.

As part of the legal guarantee for hidden defects, provided that the Customer provides proof of the existence of the hidden defect, the Customer may obtain:

• reimbursement of the price of the Product if the Customer returns the Product, or
• reimbursement of part of the price of the Product if the Customer keeps the Product, to the exclusion of any compensation, by credit to the Customer's bank account, at the latest within fourteen (14) days following receipt, by Lulior , of the returned Product.

10. RIGHT OF WITHDRAWAL

10.1 In accordance with the provisions of article L.221-18 et seq. of the Consumer Code, the Customer has a right of withdrawal which he may exercise, without having to provide reasons, within thirty (30) ) days from receipt of the Products.

The Customer must inform LULIOR of his decision to withdraw, within the aforementioned period, by written letter expressing his desire to withdraw to the following address: Lulior Laboratoires SAS - 66, avenue des Champs Elysées, 75008 Paris or by email to address:contact@lulior.com .

In accordance with article L.221-28 of the Consumer Code, the Customer will not be able to exercise his right of withdrawal for the Products:

- which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection.

10.2 In this context, for Products delivered ordered via the Site, the Customer has the option of returning the Products:

- at the latest within thirty (30) days following communication of their decision to withdraw;

- in their original packaging (or, at the very least, in packaging providing equivalent protection to said Products during their return transport), where applicable in the unopened original box, in perfect condition allowing them to be transported put back on sale by Lulior, unopened, complete (accessories, instructions, warranty, etc.). In the event of return of Products having been the subject of a promotional offer including one or more gifts against purchase, the Customer must also return the said gift(s) received in consideration for the order of the returned Product(s) as well as their original box, under the same conditions as indicated in this article 10.2;

- Accompanied by the return slip, sent to the Customer;

10.3 Return costs are the responsibility of LULIOR which will provide the Customer with a pre-filled and pre-paid transport label. The Customer is recommended to keep any proof of the return of the Product (proof of sending, tracking number, etc.) or any other means giving a certain date.

10.4 If all of the above-mentioned conditions are met, the Customer may benefit from a refund of all sums paid when purchasing the Product(s) concerned, including delivery costs, at the latest within fourteen (14) days from the date on which LULIOR is informed of the Customer's decision to withdraw, or at the latest the date of recovery of the Products by LULIOR or until the Customer has provided proof of withdrawal. shipment of these Products, the date chosen being that of the first of these events in accordance with article L.221-24 of the Consumer Code.

In accordance with article L221-24 of the Consumer Code, reimbursement will be made using the same means of payment as that used by the Customer for the order of the returned Product(s), unless expressly agreed by the Customer to that LULIOR uses another means of payment.

The Customer may contact the Customer Relations Department for any additional assistance.

11. LIMITATIONS OF LIABILITY

11.1 While taking the greatest care and accuracy in posting information online, product descriptions and data available from the Customer Relations Department or on the Site or from advisors when placing an order through the Telephone ordering service in store, as well as their regular updating, LULIOR cannot be held responsible for any non-substantial errors that may occur. Likewise, although the photographs and other reproductions of the Products faithfully represent them on the Site - and this, within the limits of the technique and in compliance with the best market standards -, these may however present non-substantial errors. , which the Customer acknowledges and accepts. In any case, in the event of non-compliance of the Product delivered with its description, the Customer has the possibility of exercising his right of withdrawal and/or returning the Product(s), under the conditions of the articles 9 and 10 of these General Conditions of Sale.

11.2 LULIOR cannot be held responsible:

- interruptions or delays recorded by the Site due to the execution of maintenance work, technical breakdowns, a case of force majeure, due to third parties or any circumstances whatsoever, independently of its will ;

- the inability of the Customer or LULIOR to contact Customer Service by telephone and/or to temporarily access the Site, due to facts beyond their control, such as: cases of computer failure, network interruptions telephone, internet network, failure of reception equipment of said internet network, etc.

11.3 LULIOR does not guarantee that the Site is available continuously, without temporary interruption, without suspension or without error.

11.4 The Customer remains the sole judge of the appropriateness and adaptation to his needs and consumption of the Products he orders.

11.5 LULIOR cannot be held liable for use of Products that do not conform to their intended purpose.

11.6 LULIOR cannot be considered responsible for (i) the loss, alteration or fraudulent access to the Customer's personal data, (ii) the accidental transmission of viruses or other harmful elements, resulting access to the Internet or electronic mail transmissions.

11.7 Without limiting the scope of the other provisions of the General Conditions of Sale, LULIOR's liability can only be held in the event of proven fault attributable to it. In any event, it will be limited to direct damage only.

11.8 LULIOR reserves the right to suspend operation of the Site.

12. PERSONAL DATA

The provision of personal information collected (identity, username, password, email address, telephone number, billing address, delivery address, means of payment, etc.) in the context of distance selling is mandatory, these information being necessary for the management of the customer account, the processing and delivery of orders, as well as for the preparation of invoices. Failure to provide information implies automatic rejection of the order. They can be transmitted to partners, in particular LULIOR's commercial partners (intermediaries for the payment of orders and the fight against fraud, or for the delivery of orders in particular: La Poste). This information and data are also kept for security purposes, in order to comply with legal and regulatory obligations and to allow LULIOR to improve and personalize the services offered and the information sent to the Customer. This information is strictly confidential.

In accordance with the General Data Protection Regulation (GDPR) and law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, the Customer has a right of access, rectification , opposition and deletion of data concerning him from LULIOR as well as the right to limitation and portability, when this applies. To exercise these rights, the Customer must contact:

• caroline@lulior.com

Depending on the choices made by the Customer when creating or consulting their account, the latter will be offered several options, in particular those allowing them to receive newsletters or offers from LULIOR or to authorize the transfer of their given to Lulior partners. If the Customer no longer wishes this, he can request it from LULIOR at any time by specifying this in his account under “Your account”.

For more information on the use of their personal data, the Customer can consult Lulior's Privacy Protection Policy.

13. FORCE MAJEURE

LULIOR cannot be held responsible for the total or partial non-performance of its obligations, if this non-performance is due to a fortuitous event or the occurrence of an element constituting force majeure within the meaning of article 1218 of the Civil Code .

Such an event constitutes a cause for suspension and/or extinction of LULIOR's obligations towards the Client, without compensation for the benefit of the Client.

In the event that this suspension of the execution of LULIOR's obligations continues beyond a period of fifteen (15) days from notification by LULIOR to the Client of this suspension, the Client will then have the possibility of terminating the order in progress and it will then be reimbursed by LULIOR as soon as possible by credit to the Customer's bank account.

14. INTELLECTUAL PROPERTY

All intellectual property rights, whatever their nature, attached to all Products sold on the Site and elements appearing on the Site (including in particular: texts, logos, brands, graphics, images, photos , videos, animations, names and any other element) are and remain the exclusive property of Lulior, and are exclusively reserved for it. Under these conditions, no one is authorized to reproduce, represent, exploit, adapt, distribute or use, by any process whatsoever, for any reason whatsoever, partially or in full, the intellectual property rights on the Products sold on the Site and the elements appearing on the Site, without the prior written consent of Lulior.

15. COOKIES

All provisions relating to Cookies are available in the Privacy Protection Policy.

16. ENTIRE CONTRACT

The General Conditions of Sale, the Legal Notices of the Site, the Privacy Protection Policy and the confirmation of acceptance of the order sent by LULIOR by email to the Customer form a contractual whole and constitute the entirety of the contractual relations intervened between the Parties.

17. NON WAIVER

The fact that LULIOR refrains from requiring at a given time the execution of any of the stipulations of these General Conditions of Sale cannot be interpreted as a waiver to subsequently invoke said total or partial non-performance.

18. VALIDITY OF THE GENERAL CONDITIONS OF SALE

If any one of the stipulations of these General Conditions of Sale is declared void in whole or in part, the other stipulations and the other rights and obligations arising from these General Conditions of Sale will remain unchanged and will remain applicable.

19. MEDIATION

In the event of a difficulty arising during the ordering or delivery of the Products, or more generally in the event of a dispute not resolved amicably with LULIOR, the Customer has the possibility of resorting to a mediation solution with the Mediation Center and of Arbitration of Paris (hereinafter the “CMAP”) to which Lulior reports.

To enter the CMAP, the Customer must send the CMAP a request presenting the following information: their postal, email and telephone contact details, as well as those of PCD, a factual summary of the dispute, the date and proof of their prior complaint to LULIOR in order to attempt to resolve the dispute, and must then send it either by email to consommateurs@cmap.fr or by post to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt - 75008 PARIS.

The Customer can also complete the form provided for this purpose directly on the CMAP website www.cmap.fr in the “you are: a consumer” tab, then “complete the dedicated online form” and “send” their request .

Furthermore, at the European level, the European Commission provides the Customer with an online dispute resolution platform accessible here .

The Client remains free to resort to mediation or not and each Party is free to accept or not the mediator's proposed solution.

20. APPLICABLE LAW – DISPUTES

These General Conditions of Sale and the contractual relations between LULIOR and the Customer are governed by French law. In the absence of an amicable solution or recourse to mediation, all disputes between LULIOR and the Customer will be submitted to the competent court.