Terms & Conditions
The publishing company of the website www.byluna.re : FRENCH TEA SARL with a capital of 500,00€ 62 Rue Adrien Lagourgue 97424 Piton St leu, Ile de la Réunion, Registered with the RCS of Saint Denis under number 790.695.886
GENERAL TERMS AND CONDITIONS OF SALE OF PRODUCTS
Article 1 - Application and enforceability of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale (hereinafter referred to as "the GTCs") exclusively govern the sale of our products on the website www.byluna.re (hereinafter referred to as "the Site").
Consequently, the fact of purchasing our products implies the full and unreserved adherence of the buyer to the GTC. Also, the validation by the buyer of his order on the Site implies acceptance by him of the GTC. Unless proven otherwise, the data recorded on the Site constitutes proof of all transactions between our company and the buyer.
The fact that our company does not at any given time invoke any of the clauses of these GTC shall in no way be interpreted as a waiver by our company of the right to invoke any of these clauses at a later date. Similarly, any condition, contrary to the GTC, requested by the buyer that is not accepted by our company is unenforceable against us.
Article 2 - Orders
The buyer has the possibility to place his order online only if he has completed the order form on the Site. Orders placed on the Site are recorded as soon as the order is validated by the buyer. However, the order only becomes final when it has been confirmed by our company.
The contractual information and the General Terms and Conditions are presented on the Site in French and will be confirmed by our company at the latest at the time of delivery of the products.
Our company reserves the right to cancel or refuse any order from a buyer with whom there is a dispute over payment of a previous order.
Article 3 - Availability and quantity ordered
Our product offers and prices are valid as long as they are visible on our Site, within the limits of available stocks.
In the event of the unavailability of one or more products after the buyer's order has been placed, except in the cases of force majeure provided for in Article 14 below, the buyer will be notified and will have the possibility to cancel his order. The refund of the sums paid will then be made by credit to the buyer's bank account or by bank cheque sent to his name at the billing address, within 30 days from the payment of the order by the buyer.
Article 4 - Prices - Transfer of ownership
4.1. The prices of the products are indicated in euros and include the costs of handling, packaging and storage of the products but not the shipping costs.
For European Union countries, prices are inclusive of all taxes (including VAT), the VAT applied being that of the day of the order. Any change in VAT rates will be automatically reflected in the price of the products.
For other countries, prices are exclusive of VAT. The shipping costs of the products depend on where they are delivered, i. e:
- Delivery in the DOM - TOM and foreign countries - standard delivery to the address he will indicate, with a letter box delivery without signature with a participation of the buyer, at least 5 euros including VAT, at the shipping costs.
- Metropolitan France delivery: All deliveries in metropolitan France and abroad are systematically treated as "international delivery" according to the postal rates in force on the day the order is placed. Outside the European Union, customs or import taxes may be added to the price of our products and remain the responsibility of the buyer. It is therefore the buyer's responsibility to check the amount with his local customs office.
4.2. Our company reserves the right to change the price of the products at any time. However, the products will be invoiced on the basis of the prices in force at the time of the order by the buyer.
4.3. The products remain the property of our company until full payment of their price to our company.
4.4. Discounts are not cumulative.
Article 5 - Delivery
5.1 - General The products are delivered to the delivery address indicated by the buyer when ordering.
The buyer is required to carry out all the necessary due diligence to ensure that the delivery is carried out correctly. As such, he is required to provide all the information necessary for delivery (exact address, door code, etc.). Failing this, our company cannot be held responsible for a failure to deliver. In such a case, the products will be returned to our company's warehouse and the buyer must contact our Customer Service whose details are indicated in Article 10 in order to take note of the steps to follow to recover the ordered products. Our company declines any responsibility as for the delay of recovery by the buyer of its products.
5.2 - Time limits
Orders are processed within 72 hours.
If the entire order is not available, our company will contact the buyer to propose to replace the unavailable product(s) with one or more other products. In the event of refusal by the buyer, our company will proceed either to the refund of the unavailable products or to split shipments, according to the choice of the buyer. For the balance of the order, shipping costs will not be charged.
If the products have not been delivered on time, except in cases of force majeure as provided for in Article 14 below, our company will contact the buyer to propose alternative solutions. In the event of refusal by the buyer, our company will proceed either to the refund of the order, or to a deferred shipment according to the choice of the buyer. For the balance of the order, shipping costs will not be charged.
Similarly, if the products have been shipped after the maximum periods referred to in the above paragraph, the buyer may also cancel his order and request a refund for the complete returned products, in their original state accompanied by the purchase invoice, as well as the return costs.
In any case, delivery within the time limits provided for can only take place if the buyer is up to date with his payments to our company.
5.3 - Delivery problems
The buyer is required to check the condition of the packaging and the conformity of the products delivered as soon as the package is delivered to him by the carrier. Any complaint for non-conformity of the delivered products must be notified by the buyer, by registered letter with acknowledgement of receipt, within 72 hours of receipt to both the carrier whose address appears on the delivery note and to the Customer Service of our
company. An e-mail may also be sent to us at the following address:
Any complaint about apparent defects in the products delivered must be notified by the buyer within 8 days of receipt by sending a registered letter with acknowledgement of receipt to our company's Customer Service or an e-mail to the following address: email@example.com
It will be up to the buyer to provide our company with any necessary justification for his claim. In the event that the complaint is accepted by our company, the buyer may benefit from the refund or exchange conditions provided for in Article 13 below. In the absence of a complaint made within the above-mentioned time limits, the products will be deemed to be in conformity and accepted by the buyer.
5.4 - Order tracking
As soon as our company sends the ordered products, an e-mail is sent to the buyer.
The buyer is given the number of his package and a link is provided to the website tracking his delivery.
Article 6 - Payment
- Either by credit card: Visa, MasterCard and other blue cards. The card is debited as soon as the order is placed.
- Either by Paypal account or any other secure payment gateway such as Payza, Neteller, etc.
In the event of late payment or non-payment, our company may suspend all pending orders, without prejudice to any other course of action.
Article 7 - Right of withdrawal
In accordance with the provisions of Articles L. 121-21 et seq. of the Consumer Code, following his online order, the customer has a period of 14 working days from the date of purchase to exercise a right of withdrawal. If the deadline expires on a Saturday, Sunday, public holiday or non-working day, this deadline is extended until the first following working day.
To exercise your right of withdrawal, please follow the steps below:
1. Print the form: withdrawal request
2. Fill in the form and sign it
3. Postage and return the form to: 62 Rue Adrien Lagourgue 97424 Piton St leu, Ile de la Réunion, or by e-mail: firstname.lastname@example.org
4. Upon receipt of your request, Customer Service will contact you to arrange for the return of the Products. Direct costs remain your responsibility.
5. Following contact with the customer service, it will be necessary to return the package containing the Product(s) to the following address:
62 Rue Adrien Lagourgue 97424 Piton St leu, Reunion Island.
The refund will be made via the payment method used when making the purchase and will be made as soon as possible after receipt of the returned Product(s) and at the latest within 14 days following receipt(s).
The refund can only be made if the Product is returned in perfect condition, in its original packaging, accompanied by all its accessories, documentation and the original purchase invoice. Products used, incomplete, damaged, damaged or mixed inseparably with other products cannot be refunded.
The customer who placed the order is the only one who can exercise this right of withdrawal. In the event of delivery to a different person, this right cannot be exercised by the recipient of the order.
Article 8 - Reimbursement
The refund of the products in the cases referred to in articles 5, 7 and 13 will be made within a period of 14 days or less following receipt of the returned products by the buyer. The refund will be made, at our company's choice, by credit to the buyer's bank account, by credit to the distribution partner's account or by bank cheque sent in his name to the billing address. No cash on delivery will be accepted for any reason whatsoever.
Article 9 - Security
The Site is subject to a security system. Our company has therefore adopted the SSL encryption process in order to protect all sensitive data related to payment methods as effectively as possible.
Article 10 - Customer service
For any information or questions about the products, our Customer Service is at your disposal. Tel: +262 6184.108.40.206.12 Address: 62 Rue Adrien Lagourgue 97424 Piton St leu Ile de la Réunion E-mail address: email@example.com
Article 11 - Intellectual property
11.1. All visuals, photos, texts, comments, books, illustrations, drawings and images reproduced on the Site are subject to copyright and intellectual property rights worldwide. Any total or partial reproduction of the Site is therefore strictly prohibited.
11.2. The buyer undertakes not to use the products in such a way as to infringe the rights of our company.
Article 12 - Liability
The products offered on the Site comply with current French legislation and standards applicable in France.
The photographs of the products on the Site are provided for illustrative purposes only and therefore have no contractual value. The buyer is invited to refer to the description of each Product on the Site to find out its characteristics and, in case of doubt or if additional information is required, to contact the Customer Service whose details are given in Article 10 above.
Article 13 - Guarantees
The buyer benefits from the legal guarantees of conformity of the goods with the contract and hidden defects in accordance with the legal provisions specified in Appendix A of these GTC.
Thus, our company undertakes, at the buyer's choice, to refund or exchange the apparently defective products or products that do not correspond to his order. The products must be returned to us new, complete, in their original condition (packaging, accessories...) and accompanied by the original purchase invoice.
No product can be refunded or exchanged until it has been returned and received by our company.
It will be the buyer's responsibility to provide our company with any justification as to the reality of the anomalies or defects.
He will refrain from intervening himself or having a third party involved for this purpose.
The provisions of this article shall not prevent the non-professional buyer from benefiting from the right of withdrawal provided for in Article 7 below.
Article 14 - Force majeure
Neither party shall have failed to fulfil its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or a case of force majeure.
Any irresistible fact or circumstance, external to the parties, unforeseeable, unavoidable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonable efforts, shall be considered as a fortuitous event or force majeure.
The party affected by such circumstances will notify the other within 7 business days of becoming aware of them.
The two parties will then get together within 30 days to examine the impact of the event and agree on the conditions under which the execution of the order will be continued. If the fortuitous event or force majeure lasts more than 60 days, the order for products may be cancelled by the injured party. Expressly, are considered as fortuitous events or cases of force majeure in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport, delivery or supply, earthquakes, fires, storms, floods, lightning, the stopping of telecommunication networks.
Article 15 - Applicable law - Disputes
These GTC have been drafted in the French language which will be considered, in any case, as the sole language of the parties. The interpretation and execution of these GTC, as well as all subsequent or consequential acts, shall be governed by French law, regardless of the place of delivery of the products, the place of placing the order, the nationality of the buyer and his address. Any dispute with professionals and/or merchants resulting from these GTC and/or any order addressed to our company and/or any sale made by our company will be subject to the exclusive jurisdiction of the Commercial Court of Saint Denis, even in the event of a warranty claim or multiple defendants or incidental claim.
Article 16 - Personal information
The information and data concerning the buyer are necessary for the management of his order and his commercial relations with our company. They may be forwarded to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also stored for security purposes, in order to comply with legal and regulatory obligations, as well as to enable our company to improve and personalize the services it offers and the information it sends to buyers.
In accordance with the Data Protection Act No. 78-17 of 6 January 1978, the buyer has the right to access, rectify and delete personal data concerning him. All he has to do is write to our company at the following address: 62 Rue Adrien Lagourgue 97424 Piton St leu, Ile de la Réunion, indicating his full name, email address and, if applicable, his customer reference.
Depending on the choices made when purchasing the products, the buyer may receive offers from our company, as indicated during the ordering process. If the buyer no longer wishes to do so, he can at any time request it by writing to our company at the following address: 62 Rue Adrien Lagourgue 97424 Piton St leu
Article 17 - Cookies
Cookies are small information files that a website can send to the hard drive of a personal computer and then track it down.
The cookies used on the Site make it possible to identify the services and sections that the buyer has visited, and more generally his behaviour in terms of visits. This information is useful to better customize the services, content and offers that appear on the Site. Cookies are also necessary for the proper functioning of certain services or to measure their audience.
Article L. 211-4 of the Consumer Code The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility.
Article L. 211-5 of the Consumer Code To be in conformity with the contract, the good must:
1° - Be suitable for the use usually expected of a similar good and, if necessary:
- Match the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model
- Present the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labelling
2. - Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L. 211-12 of the Consumer Code: The action resulting from the lack of conformity shall be barred after two years from the date of delivery of the goods.
Article 1641 of the Civil Code: The seller is bound by the warranty on account of hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them.
Article 1648 paragraph 1 of the Civil Code: The action resulting from fundamental defects must be brought by the purchaser within two years of the discovery of the defect.