General Terms and Conditions of Sale GTC

Here are the general terms and conditions of sale that apply to all purchases made in-store or on our website:

The Seller

The company Jérémie PAYAN EIRL brand Luthena (hereinafter THE SELLER) is registered with the Lyon commercial register under number 853 133 486 000 29. Its postal address is 16 rue Dumont, 69004 Lyon and its email address is hello.luthena@gmail.com (hereinafter THE SELLER'S ADDRESS).
For any information, questions or advice, we are at your disposal:
-by mail to hello.luthena@gmail.com
-by phone: +33 (0)6 13 72 25 60

Purpose of the general terms and conditions of sale

The purpose of these general conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by THE SELLER to the consumer. These general terms and conditions of sale govern sales on this website (hereinafter THE SITE).
These conditions apply to the exclusion of all other conditions, particularly those offered for traditional distance selling in catalogs, promotional mailings and press advertisements.
Placing an order on THE SITE and validating this order implies the buyer's full and unreserved acceptance of these general terms and conditions of sale. The order validation click implies full acceptance of these terms. This click constitutes a "digital signature".

Order confirmation

Contractual information will be confirmed by e-mail to the address indicated by the consumer on the order form.

Transaction

The computerized records, kept in THE SELLER's computer systems under reasonable security conditions, are considered as proof of communications, orders and payments between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.

THE SITE allows you to place and validate your order online by paying by bank transfer or by card.
Payment data is exchanged in encrypted mode using the 128-bit SSL (Secure Socket Layer) protocol, the most widely used global standard.

When you order by mail or by phone, the products are reserved for you upon payment of the amount of your product into our account. Payment in several monthly installments is possible upon express request. contact us to define these terms.
The occurrence of an unpaid amount due to fraudulent use of a bank card or other means of payment will result in the registration of the order data associated with the unpaid amount in a payment incident file. An irregular declaration or an anomaly may also be subject to specific processing.
In accordance with the Data Protection Act of January 6, 1978, you have, at any time, a right to access, rectify and delete all your personal data recorded by writing, by mail and proving your identity, to Luthena.

Product information

All efforts have been made to ensure the accuracy of the information presented on THE SITE. THE SELLER or its suppliers are nevertheless not responsible for the consequences, incidents, special damages resulting from electronic transmissions or the accuracy of the information transmitted even if THE SELLER was aware of the possibility of such damages. Despite all our precautions, inaccuracies, imprecisions or omissions may occur in the updating of the information presented on the site. Consequently, we cannot be held responsible for such inaccuracies, imprecisions or omissions concerning the information available on the site. The photos are presented for illustrative purposes, both for the products and for the gifts, they are not contractual. Product and manufacturer names and brands are used for identification purposes only.

Validity period

Our prices and offers are valid for the day.

Delivery

The products are available in our store in Lyon. The customer has a period of fifteen days to pick up the paid product.

Some products are delivered to the address indicated by the consumer on the order form and only in the geographical areas we serve. All products leave our premises in perfect condition. The customer must report to the carrier (or postman) the slightest trace of impact (holes, crushing marks, etc.) on the package, and if necessary, refuse the package. A new identical product will then be sent to you free of charge.
The exchange of any product declared, retrospectively, damaged during transport, without any reservation having been made upon receipt of the package, cannot be handled.
As with any shipment, it is possible to experience a delay or for the product to go missing. In such a case, we will contact the carrier to launch an investigation. All our best efforts will be made, for as long as necessary, to find this package. If necessary, THE SELLER will be reimbursed by the carrier and will deliver a new identical package at its expense.
We decline all responsibility for extended delivery times due to the carrier, particularly in the event of loss of products, bad weather or strikes.

Delivery problem due to the carrier

Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) must be imperatively indicated on the delivery note in the form of "handwritten reservations", accompanied by the customer's signature.
The consumer must also confirm this anomaly by sending the carrier, within two (2) working days following the date of delivery, a registered letter with acknowledgment of receipt setting out the said claims.
The consumer must send a copy of this letter to THE SELLER'S ADDRESS. Without this report, we will not be able to proceed with any exchange.

Delivery errors

The consumer must inform THE SELLER, on the day of delivery or at the latest on the first working day following delivery, of any claim for delivery error and/or non-conformity of the products in nature or quality compared to the information on the order form.
Beyond this period, any claim will be rejected. This claim can be made to THE SELLER at THE SELLER'S ADDRESS.
Any claim not made according to the rules defined above and within the given deadlines cannot be taken into account and will release THE SELLER from any liability towards the consumer.
In case of delivery error or exchange, any product to be exchanged or refunded must be returned to THE SELLER in its entirety and in its original packaging in impeccable condition to THE SELLER'S ADDRESS.
To be accepted, any return must be reported and have THE SELLER's prior agreement, who, if agreed, will reship the package to the correct address.
Shipping costs are borne by THE SELLER, except in cases where it turns out that the product does not correspond to the original declaration made by the consumer in the correct return direction.

Right of withdrawal

The right of withdrawal applies only to natural persons.
In accordance with articles L. 120-20, the consumer has a period of fourteen (14) calendar days to return, at their own expense, products that do not suit them. This legal period is extended to thirty (30) calendar days and runs from the day of receipt of the order at the consumer's address. Any return must be reported in advance to THE SELLER. The product must be returned to THE SELLER.
Sensitive products (such as DVDs, CDs, Software) must not have been unsealed, so that the consumer can benefit from the right of withdrawal.
Only products returned in their entirety, in their complete and intact original packaging, and in perfect resale condition will be accepted. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded, taken back, or exchanged. This right of withdrawal is exercised without penalty, with the exception of shipping and return costs. In the event of exercising the right of withdrawal, the consumer has the choice to request either a refund of the sums paid or an exchange of the product. In the case of an exchange, reshipment will be at the consumer's expense.
In the event of exercising the right of withdrawal, THE SELLER will make every effort to reimburse the consumer within thirty (30) days.

Usage rights

The use of trademarks, or their logos, present on the site is strictly prohibited outside of this SITE.

Force majeure

Neither party shall be liable for any failure to perform its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event of force majeure. A case of force majeure shall be considered as any irresistible event or circumstance, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by them, despite all reasonably possible efforts.
The party affected by such circumstances shall notify the other within ten working days of the date on which it became aware.
The two parties will then approach each other, within a period of three months, unless impossible due to the case of force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than one month, these general conditions may be terminated by the injured party.
Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport, earthquake, fires, storms, flood, lightning, the shutdown of telecommunication networks or difficulties specific to external telecommunication networks to customers.

Partial non-validation

If one or more stipulations of these general conditions are held to be invalid or declared as such under a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.

Non-waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions of sale cannot be interpreted for the future as a claim to the obligation in question.

Ownership clause

THE SELLER reserves the right of ownership of the delivered goods until full payment thereof.

Applicable law

These general conditions are subject to French law. This applies to both substantive rules and procedural rules.
In the event of a dispute or claim, the consumer shall first contact THE SELLER to obtain an amicable solution.

Personal data protection

THE SELLER pays particular attention to the protection of your personal data and makes every effort to respect this right.
We undertake to scrupulously comply with the Code of Ethics of Direct Marketing professionals within the framework of the law of January 6, 1978 n°78-17 relating to data processing, files and freedoms.
We are required to ask you for a certain amount of data to best organize our commercial relations and the service you expect.
Some data is essential for processing your request or order, others allow us to get to know you better and thus adapt our offers to your needs.
On pages where personal data is requested, you will be informed of the mandatory or optional nature of their transmission, as well as the possible consequences of not providing them.
You have a right of access, rectification or deletion of data concerning you: simply contact our customer service by phone, mail or email.

Disputes

The language of these general conditions is French; these General Conditions are therefore subject to French law. Any order placed through THE SITE implies the customer's adherence, without any restriction, to THE SELLER's general terms and conditions of sale.
In the event of a sale to a legal entity, any dispute relating to the sale (price, general terms and conditions, products, etc.) will be subject to French law exclusively before the Lyon Commercial Court.