Terms of Sale

1. Purpose and scope

These Terms of Sale (hereinafter "Terms") govern all sales concluded between the company LESCHASTSIEUREUX LTD, UK registration number 14527709, whose registered office is located at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom (hereinafter "the Seller") and any natural or legal person (hereinafter "the Customer") making a purchase on the Lumiskyn website (hereinafter "the Site").

These Terms are accessible at any time on the Site and shall prevail over any other version or any conflicting document. They define the rights and obligations of the parties in connection with the sale of the products offered by the Seller.

Any order placed on the Site implies full and unreserved acceptance of these Terms by the Customer.

2. Products and services

The Seller offers for sale, via the Site, a range of products whose essential characteristics are presented on each product page. The photographs and descriptions of the products are as faithful as possible but cannot guarantee a perfect match with the product supplied, particularly as regards colors. The Customer is invited to refer to the description of each product to learn its properties, its essential features and, where applicable, its conditions of use.

Products are offered subject to stock available with the Seller or its suppliers. If a product is unavailable after the order has been placed, the Seller will inform the Customer by e-mail or telephone as soon as possible and may offer a substitute product of equivalent quality and price, or a refund of the amounts paid.

3. Prices and payment terms

3.1 Prices

Product prices are shown in Euros and are inclusive of all taxes (VAT included). Delivery is free to all destinations served; the total amount is shown before the Customer validates the order. The Seller reserves the right to change its prices at any time, but products will be invoiced on the basis of the prices in force at the time the order is validated.

3.2 Payment terms

Payment for the order is made online using the following means of payment:

• Bank card (Visa, Mastercard) via a secure payment platform.
• PayPal.
• Apple Pay.

The Customer warrants that they are fully entitled to use the payment card or the PayPal or Apple Pay account to pay for their order and that these means of payment give access to sufficient funds to cover all costs resulting from the order.

Payment is fully secure. The Seller does not have access to the Customer's payment data.

4. Order and validation

To place an order, the Customer must follow these steps:

1. Select the desired product or products and add them to their cart.
2. Go to their cart to check the selected products and, if necessary, change the quantities.
3. Click on "Checkout" or an equivalent button.
4. Fill in the delivery and billing information.
5. Choose the delivery method.
6. Choose the payment method.
7. Check all the information and accept these Terms by ticking the box provided for that purpose.
8. Validate the order by clicking on the payment button.

Validation of the order by the Customer constitutes irrevocable acceptance of the prices and descriptions of the products available for sale as well as of these Terms. An order confirmation e-mail is sent to the Customer as soon as payment is validated. This e-mail summarizes the order, the price, the delivery costs and the information relating to the Seller.

5. Delivery

5.1 Delivery times

Estimated delivery times are 4 to 10 business days from the date of the order. These times are indicative and may vary depending on the destination and the carriers. Any overrun of these times shall not give rise to damages, withholding of payment or cancellation of the order by the Customer.

5.2 Delivery areas

Products are delivered to the delivery address given by the Customer when ordering. The Seller delivers to mainland France, Spain (mainland), Belgium, Luxembourg, Switzerland and Canada. The Customer is responsible for the accuracy of the information provided (address, name, postal code, etc.). In the event of an error or omission that results in the parcel being returned, the reshipping costs shall be borne by the Customer.

5.3 Delivery costs

Delivery is free, with no minimum order amount, for all destinations served.

5.4 Receipt of the order

On receipt of the order, the Customer must check the condition of the products delivered. In the event of a damaged parcel or missing/damaged items, the Customer must make express written reservations to the carrier at the time of delivery and inform the Seller as soon as possible (within 72 hours) by e-mail at support@lumiskyn.fr, attaching photographs if possible. In the absence of reservations, the Seller cannot be held liable.

6. Right of withdrawal

In accordance with the provisions of Article L.221-18 of the French Consumer Code (Code de la consommation), the Customer has a period of 30 days from receipt of the products to exercise their right of withdrawal, without having to give any reason or pay any penalty, other than the return costs.

To exercise this right, the Customer must notify the Seller of their decision to withdraw by an unequivocal statement (for example, a letter sent by post, fax or e-mail) to the address support@lumiskyn.fr.

The Customer must return the products new, complete, in their original packaging and with any accessories (instructions, cables, etc.) within 14 days of communicating their decision to withdraw. The return costs are borne by the Customer.

The Seller undertakes to refund all sums paid, including the initial delivery costs (unless the Customer chose a more expensive delivery method than the standard method offered), within 14 days of the date of receipt of the returned products or of proof of shipment of the products if this occurs earlier.

The refund will be made using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to another means of payment and provided that the refund does not incur any fees for the Customer.

In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts:

• For the supply of goods made to the consumer's specifications or clearly personalized.
• For the supply of goods liable to deteriorate or expire rapidly.
• For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for hygiene or health protection reasons.
• Etc.

7. Legal guarantees

All products sold by the Seller benefit from the legal guarantee of conformity provided for in Articles L.217-4 et seq. of the French Consumer Code and the guarantee against hidden defects provided for in Articles 1641 et seq. of the French Civil Code (Code civil).

7.1 Legal guarantee of conformity (Consumer Code)

The Seller is required to deliver goods that conform to the contract and is liable for lack of conformity existing at the time of delivery.

The consumer:

• Has a period of two years from delivery of the goods in which to act.
• May choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code.
• Is exempt from proving the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods, except for second-hand goods.

7.2 Guarantee against hidden defects (Civil Code)

The Seller is bound by a warranty in respect of hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so reduce that use that the buyer would not have acquired it, or would have given a lower price for it, had he known of them.

An action arising from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.

To assert these guarantees, the Customer must contact customer service at support@lumiskyn.fr, describing the problem encountered and providing evidence (photos, videos) if necessary.

8. Liability

The Seller's liability cannot be engaged for any inconvenience or damage inherent in the use of the Internet, in particular a service interruption, an external intrusion or the presence of computer viruses.

The Seller's liability cannot be engaged in the event of a breach of its contractual obligations resulting from force majeure or a fortuitous event, as defined by French case law.

In the case of non-conforming or defective products, the Seller's liability is limited to refunding the price of the products or replacing them, to the exclusion of any compensation for indirect or consequential damages.

9. Protection of personal data

The Seller collects and processes the Customer's personal data in compliance with the legislation in force on the protection of personal data (GDPR and the French Data Protection Act (loi Informatique et Libertés)). The information collected is necessary for processing the order, delivering the products, managing the customer relationship and, where applicable, sending marketing communications.

The data collected may include, without being limited to: surname, first name, postal address, e-mail address, telephone number, payment information.

The Customer has the right to access, rectify, erase and object to the processing of their personal data, and the right to data portability. To exercise these rights, the Customer may send an e-mail to support@lumiskyn.fr.

The Customer's personal data is hosted by Shopify, located at 151 rue O'Connor, Ottawa, Ontario, Canada, which ensures secure processing of the data.

For more details on the privacy policy and the processing of personal data, the Seller invites the Customer to consult the dedicated section on the Site.

10. Intellectual property

All elements of the Site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of the Seller or its partners. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the Site, by any means or process whatsoever, is prohibited, except with the prior written authorization of the Seller.

11. Force majeure

The Seller's liability cannot be engaged in the event of non-performance or delay in the performance of any of its obligations if such non-performance or delay is due to the occurrence of an event of force majeure within the meaning of Article 1218 of the French Civil Code, as defined by French case law. The following in particular constitute cases of force majeure, without this list being exhaustive: strikes, bad weather, natural disasters, epidemics, wars, requisitions, power outages, fires, floods, computer failures.

The Seller will inform the Customer of the occurrence of such an event as soon as possible.

12. Disputes and mediation

In the event of a dispute, the Customer must first contact the Seller by e-mail at support@lumiskyn.fr in order to find an amicable solution.

Failing an amicable agreement, the consumer Customer may have recourse to a consumer mediator. The Seller will inform the Customer of the contact details of the mediator to which it belongs once this information has been updated on the site. Failing that, the Customer may consult the website of the Consumer Mediation Evaluation and Monitoring Commission (Commission d'évaluation et de contrôle de la médiation de la consommation, CECMC), which lists approved mediators.

Referral to the mediator is free of charge for the consumer.

The Customer may also use the European Online Dispute Resolution (ODR) platform available at the following address: ec.europa.eu/consumers/odr/.

13. Governing law and competent jurisdiction

These Terms and the transactions arising from them are governed by and interpreted in accordance with French law. The application of the Vienna Convention on the International Sale of Goods is expressly excluded.

In the absence of an amicable resolution following the intervention of a mediator, and for any dispute with a non-consumer Customer, the courts of London, United Kingdom, shall have exclusive jurisdiction.

For Customers who are consumers, the statutory rules on jurisdiction shall apply.

14. Amendment of the Terms

The Seller reserves the right to amend these Terms at any time. The applicable Terms are those in force on the date the Customer places the order. The latest version of the Terms can be consulted at any time on the Site.