Condizioni generali di vendita

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Condizioni generali di vendita online

Article 1 : Preamble

These conditions of sale are concluded on the one hand by the firm LUCIMED SA with head office at rue de Genval 20, 1301 Bierges – Belgium, registered with Banque Carrefour des Entreprises with number 0873.183.112 hereinafter “the seller” and, on the other hand, any private individual or legal entity wishing to make a purchase via the Internet site of the seller (www.myluminette.com), hereinafter “the purchaser”.

Article 2 : Object

These conditions of sale define the contractual relations between the seller and the purchaser and also the conditions applicable to any purchase made using the seller's website, whether the purchaser be a professional or a consumer. Acquisition of a product by means of this website shall imply unreserved acceptance by the purchaser of these conditions of sale. These conditions of sale shall prevail over any other general or particular conditions not expressly accepted by the seller. The seller hereby reserves the right to modify these conditions of sale at any time. In such a case, the conditions applicable shall be those in effect at the date of the order by the purchaser.

Article 3 : Characteristics of the goods and services offered

The products and services offered shall be those appearing in the catalogue published on the seller's website. Each product shall be accompanied by a description made by the supplier. The photographs of the catalogue are as faithful as possible but cannot guarantee a perfect likeness with the product offered, particularly as regards the colours. These products and services are offered within the limits of the available stock. If, despite all the seller's efforts, all or part of the articles are unavailable, he shall inform the purchaser of the same by email as soon as possible and offer him the option of choosing between waiting or cancelling free of charge his order of the unavailable articles. The available articles shall be delivered by transporter or by the national postal service to the address specified by the purchaser.

Article 4 : Prices

The prices of the products and services shown on the website are given in euros or in the purchaser's currency, including all taxes (VAT and other applicable taxes) except if the buyer is located outside of the EU (in this case, no tax will be applied). The seller hereby reserves the right to modify his prices at any time. Nevertheless, the prices applicable for the order will be those in effect at the moment of confirmation of the latter. The prices indicated include costs of handling orders and delivery costs.

Article 5 : Geographical areas

Online sale of the products and services listed on the seller's website shall be reserved to purchasers residing in one of the countries mentioned on the purchase page.

Article 6 : Orders

A purchaser wishing to buy a product or a service must :
- Fully complete the identification form with all the details requested (billing and delivery address);
- Complete the online order form, giving all the references of the chosen products or services;
- Validate his/her order after checking it;
- Make the payment according to the established conditions. Confirmation of the order constitutes acceptance of these conditions of sale, and the acknowledgement and full awareness of the same and a waiver of claim of the purchaser's own purchasing conditions or any other conditions.
All the data supplied and the registered confirmation are equivalent to proof of the transaction. Confirmation is equivalent to a signature and acceptance of the operations performed. The seller shall send confirmation of the registered order by email.

Article 7 : Right of cancellation

The CUSTOMER shall, without undue delay and, in any case, no later than 30 days after communication of its decision to withdraw from this contract, return the goods to :

Return purchase Luminette
Lucimed
Rue de Genval 20
B-1301 Bierges
Belgium

This time limit is deemed to be respected if the CLIENT returns the good before the expiration of the thirty-day period. The CUSTOMER will have to pay the direct costs of returning the good.

The PRODUCT must be returned in accordance with the SELLER's instructions and include in particular all accessories delivered. The CLIENT shall only be liable for the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the PRODUCT. In other words, the CLIENT has the possibility of testing the PRODUCT but its liability may be engaged if it carries out manipulations other than those necessary. The PRODUCTS are packaged in accordance with the transport standards in force, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CLIENTS must comply with the same standards when returning PRODUCTS. For this reason the CUSTOMER is invited to return the PRODUCT that does not suit him in its original packaging and in good condition, suitable for its remarketing.

Article 8 : Payment terms

Payment is by credit card (Visa or Mastercard), by debit card, by bank draft or by Paypal. The article ordered shall remain our exclusive property until full payment of the order has been made by the purchaser.

Article 9 : Deliveries

Deliveries shall be made to the address indicated on the order form which must be in the agreed geographical area. The goods are transported at the risk of the seller until the delivery of the goods to the delivery address specified by the purchaser. From that moment, the purchaser alone shall take on all risks.

Article 10 : Guarantee

With regard to consumers, the seller hereby guarantees the products he sells and the services he provides in accordance with Belgian law of 1 September 2004 on consumer protection in the case of the sale of consumer goods (Articles 1649 bis to 1649 octies of the Belgian Civil Code). In case of nonconformity of a product sold and recognised within 2 years of delivery of the goods, the consumer must notify the seller as soon as possible in a precise manner by registered letter or email. This guarantee only covers defects of conformity existing at moment of the delivery of the goods. Defects or damage from misuse, such as those caused by water, oxidation, dropping or impact, negligence and wear, shall not be covered by the guarantee. Similarly, repairs made by technicians unauthorised by the supplier shall entail cancellation of the guarantee. The invoice or delivery form shall function as as a certificate of guarantee and must be kept by the consumer who must produce the originals of these documents.

Article 11 : Responsibility

In the online sales process, the seller shall be bound only by an obligation of means; he cannot be held liable for damages resulting from the use of the Internet such as data loss, hacking, viruses, breaks in service, or other unintended problems. Furthermore, the data shown on the site is given in good faith. The links to manufacturers' and / or partners' websites is for information only. The seller cannot be held responsible for information from these sites.

Article 12 : Intellectual property

All the elements of the seller's website are and shall remain his exclusive intellectual property. Nobody shall be allowed to reproduce, use, retransmit or use for any purpose whatsoever, even partially, any elements of the site, whether they be software, visual or sound material. Any simple link or hyperlink is strictly prohibited without the express prior written consent of the seller.

Article 13: Personal data

Personal data protection policy When you visit our website, you may be asked to provide personal data. We thank you for your trust and would like to inform you here about the use of your data and your rights. The data controller The person in charge of processing personal data is Eric Delloye, whose contact details can be found in the legal notice. Our data protection officer is Justine Wasterlain. Purposes of data collection and processing We collect the data you provide when you place an order or when you contact us. Required fields are indicated as such. The personal data collected on our site is used to process orders and manage the commercial relationship (deliveries, invoices, after-sales service). Recipients of personal data and data transfer The recipients of your personal data collected on our site are primarily ourselves for the processing of your orders and the management of customer relations. To enable the execution of the contract between us, we transmit the data to our providers of means of payment or security of payments, our delivery providers, our business partners. The transmission of personal data to these service providers only takes place within the framework of the necessary execution of the contract. - Bpost: carrier with its head office in Brussels (Belgium) - GLS: carrier based in Amsterdam (Netherlands). - Fedex: carrier for orders outside the EU, with headquarters in Memphis (USA). - Brain-e-Log: logistics company with headquarters in Braine-le-Chateau (Belgium). Integration of the Trusted Shops Trustbadge The Trusted Shops Trustbadge is inserted on this page to display our Trusted Shops brand and all the reviews collected or to offer buyers Trusted Shops products after an order. These operations serve to protect our overriding legitimate interests in the optimal marketing of our products within the framework of a balancing of different interests. The Trustbadge and the associated services are offered by Trusted Shops GmbH, Subbelrather Str. 15C, 50823 Cologne. When you visit the Trustbadge, the web server automatically saves a log file that shows, for example, the name of the requested file, your IP address, the date and time of the visit, the amount of data transferred and the Internet service provider that made the request (access data). This access data is not evaluated and is automatically deleted at the latest eight days after the end of your visit. Other personal data is only passed on to Trusted Shops if you have opted to use Trusted Shops products after placing an order or if you have already registered for such use. In this case, the contractual agreement between you and Trusted Shops applies. Integration of the Trusted Shops Trustbadge The Trusted Shops Trustbadge is inserted on this page to display our Trusted Shops trustmark and again to offer buyers Trusted Shops products after an order. These operations serve to protect our overriding legitimate interests in the optimal marketing of our products in the context of balancing different interests. The Trustbadge and the associated services are offered by Trusted Shops GmbH, Subbelrather Str. 15C, 50823 Cologne. When you visit the Trustbadge, the web server automatically saves a log file that shows, for example, the name of the requested file, your IP address, the date and time of the visit, the amount of data transferred and the Internet service provider that made the request (access data). This access data is not evaluated and is automatically deleted at the latest eight days after the end of your visit. Other personal data is only passed on to Trusted Shops if you have opted to use Trusted Shops products after placing an order or if you have already registered for such use. In this case, the contractual agreement between you and Trusted Shops applies.Integration of the Trusted Shops TrustbadgeThe Trusted Shops Trustbadge is inserted on this page to display all collected reviews. These operations serve to protect our overriding legitimate interests in the optimal marketing of our products in the context of a balancing of different interests. The Trustbadge and the associated services are offered by Trusted Shops GmbH, Subbelrather Str. 15C, 50823 Cologne. When you visit the Trustbadge, the web server automatically saves a log file that shows, for example, the name of the requested file, your IP address, the date and time of the visit, the amount of data transferred and the Internet service provider that made the request (access data). This access data is not evaluated and is automatically deleted at the latest eight days after the end of your visit. Other personal data is only passed on to Trusted Shops if you have opted to use Trusted Shops products after placing an order or if you have already registered for such use. In this case, the contractual agreement between you and Trusted Shops applies. Trusted Shops Buyer Protection: If you choose to subscribe to the buyer protection, your personal data will be passed on to Trusted Shops. You can find more details in the Trusted Shops data protection policy. Your rights You have the right to obtain information about your personal data stored with us free of charge and to request correction, restriction of processing, data portability or deletion if necessary. As a data subject of personal data processing you have the following rights: Under Article 15 of the GDPR, you have a right of access to your personal data. Under Article 16 of the GDPR, you have a right to rectify, as soon as possible, personal data that are inaccurate. You have the right to request that such data be completed. Under Article 17 of the GDPR, you have a right to erasure of personal data insofar as the processing is not necessary for - the exercise of the right to freedom of expression and information - compliance with a legal obligation - a reason of public interest - the establishment, exercise or defense of legal claims. Under Article 18 of the GDPR, you have a right to the limitation of processing in cases where: - you dispute the accuracy of the data - the processing of the data is unlawful but you object to its deletion - we no longer need your data but it is still necessary for the establishment, exercise or defense of your legal rights. Under Article 21 of the GDPR, you have the right to object to the processing of data. Under Article 20 of the GDPR you have a right to receive your data in a structured, commonly used and machine-readable format (right to data portability), Under Article 77 of the GDPR, you have the right to lodge a complaint with a supervisory authority. If you have any questions regarding the collection, processing or use of your personal data, if you have any queries, requests for correction, blocking or deletion of data, as well as any withdrawal of agreements given or objections to a particular use of the data, please contact the following person (please provide name and contact details). Cookies Our website uses cookies. These are small text files stored on your hard drive. This serves to safeguard our legitimate interests in an optimized presentation of our offer, which prevail when balancing the respective interests of the parties. The cookies used on our website allow us to offer you the following services: personalization of the commercial offers we will propose to you according to your navigation history. Most of the cookies are intended to allow or facilitate your navigation and are necessary for the functioning of our online store. The use of cookies, own or third parties, not being necessarily necessary for the operation of the site requires your express consent. When you arrive on our site, we collect your express consent to the deposit of certain cookies on your terminal (e.g., advertising cookies, audience measurement cookies, social network cookies), by means of a banner on our home page. You can express your consent or object to the use of cookies by setting your connection device appropriately. Each browser differs in the way it handles cookie settings. Please refer to your browser's user guide. Refusing to accept cookies may limit the functionality of our website. Storage of Banking Data In order to improve your shopping experience, we offer you the possibility to save your credit card details so that you do not have to enter them with every new order. The legal basis for storing your bank details is your consent. Therefore, your credit card data (card number, expiration date, name of the cardholder) will only be stored if you have given your prior consent. We will never store the visual cryptogram on the back of your credit card. In any case, you can, at any time, let us know that you do not want your banking data to be stored by sending a message through the contact form. Your banking data will then be deleted from our databases. Right of objection Insofar as we process personal data as explained above in order to safeguard our legitimate interests, which prevail when balancing the respective interests of the parties, you may object to this processing with effect for the future. If the processing is carried out for direct marketing purposes, you may exercise this right at any time as described above. If the processing is carried out for other purposes, you only have the right to object on grounds that arise from your particular situation. After exercising your right to object, we will no longer process your personal data for these purposes, unless we can justify compelling legitimate grounds for such processing that outweigh your interests, rights and freedoms, or if the processing is involved in asserting, exercising or defending legal rights. This does not apply if the processing is carried out for direct marketing purposes. We will then no longer process your personal data for this purpose.

Article 15 : Litigation

These conditions of online sale shall be subject to Belgian law. In case of dispute, the courts of the seller's registered office shall have jurisdiction unless mandatory provisions of public order obtain.

Article 14 : Proof

In the context of their business relationship, the parties hereby accept electronic evidence (for example: email, computer backups etc.).

Article 16 : Disclaimer

The information included in this web site is NOT a substitute for professional medical advice or medical treatments – nor does Lumined s.a. claim that the beneficial effects generated by its Products will be felt in every case – these beneficial effects depend on a number factors which are not under LUCIMED’s control.