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The company ATEQUA sarl (hereinafter THE SELLER) is registered in the Luxembourg Trade Register under the number I.B.L.C. 21858287. Its postal address is 19 rue de l'industrie, 8069 Bertrange, LUXEMBOURG and its email address is service-commercial@creme-bronzage.com (hereinafter the SELLER's ADDRESS).
Any order for a product appearing in the online store of the http://www.cremedebronzage.com website (hereinafter THE SELLER'S WEBSITE) implies prior consultation and acceptance of these general terms and conditions of sale. The click to confirm the order implies full acceptance of these terms and conditions. This click has the value of a "digital signature"
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| Object
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| The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by THE SELLER to the consumer.
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| Order Confirmation
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| The contractual information will be confirmed by email to the address indicated by the consumer in the order form.
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| Proof of Transaction
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The computerized registers, kept in the computer systems of the company THE SELLER under reasonable security conditions, are considered as proof of communications, orders and payments made between the parties.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
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| Product Information
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| Every effort has been made to ensure the accuracy of the information presented on the SELLER SITE. THE SELLER or its suppliers are nevertheless not liable for any consequences, incidents, special damages resulting from electronic transmissions or the accuracy of the information transmitted even in the event that THE SELLER has been aware of the possibility of such damages. Product and manufacturer names and brands are used for identification purposes only. Product photos, descriptions and prices are not contractual.
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| Duration of the offer and the price of the offer
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| Our prices are valid for the day.
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| Delivery method
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The products are delivered to the address indicated by the consumer on the order form and only within the geographical areas we serve.
All products leave our premises in perfect condition. The customer must report to the carrier (or the postman) the slightest trace of shock (holes, traces of crushing, etc.) on the package, and if necessary to refuse the package. A new, identical product will then be sent back to you free of charge.
The exchange of any product declared, a posteriori, damaged during transport, without any reservation having been made upon receipt of the package, cannot be covered.
As with any shipment, it is possible to experience a delay or for the product to misplace. In such a case, we contract the carrier to start an investigation. Every effort is being made, for as long as necessary, to find this package. If necessary, the merchant will be reimbursed by the carrier and will deliver a new identical package at his expense.
We decline all responsibility for the extension of delivery times by the carrier, in particular in the event of loss of products, bad weather or strikes.
If the CUSTOMER does not come to pick up his package at his drop-off point for several weeks or if the CUSTOMER has not been found or reached by the delivery person, it is customary for the package to be returned to the SELLER. In this case, the CUSTOMER will be reimbursed for his order in the form of loyalty points minus an amount of 10 intended to cover the costs incurred by the SELLER. They will be able to use the loyalty points obtained in this way to pay or reduce the amount of their next order.
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| Delivery problem due to the carrier
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Any anomaly concerning the delivery (damage, missing product in relation to the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of handwritten reservations, accompanied by the customer's signature.
At the same time, the consumer must confirm this anomaly by sending the carrier, within (2) two working days of the date of delivery, a registered letter with acknowledgement of receipt setting out the said complaints.
The consumer must send a copy of this letter to the SELLER'S ADDRESS. Without this observation, we do not proceed with any exchange.
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| Delivery errors
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The consumer must make any claim to the SELLER, on the same day of delivery or at the latest on the first working day following delivery, of any claim of delivery error and/or non-conformity of the products in kind or quality with the indications appearing on the order form.
Beyond this period, any claim will be rejected.
The formulation of this complaint to the SELLER may be made to the SELLER's ADDRESS.
Any claim not made within the rules defined above and within the time limits set cannot be taken into account and will release THE SELLER from any liability towards the consumer.
In the event of a delivery or exchange error, 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 prior agreement of the SELLER, who in the event of agreement will resend the package to the correct address.
The return costs are the responsibility of the BUYER, except in the event that it turns out that the content of the delivery does not correspond to the original order made by the consumer. In this case, it is the SELLER who would assume the costs inherent in the return of the product(s) shipped by mistake.
In the event of the return to the SELLER of a parcel not claimed by the consumer at a relay point, or for which the shipping address was false or incomplete due to the consumer, a recredit will be made in the form of loyalty points in order to allow a subsequent order. The amount credited by the SELLER will be charged a flat rate of 5 for return costs plus the amount of the shipping costs paid by the seller. A refund by bank transfer is possible upon written request (email) from the consumer, who will have to provide his or her bank details in international format to do so. The SELLER undertakes to make every effort to make this transfer within 30 days of receipt of the consumer's request, subject to receipt of the returned goods.
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| Product Warranty
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The provisions hereof may not deprive the consumer of the legal warranty which obliges the professional seller to guarantee him against all the consequences of latent defects in the item sold.
The consumer is expressly informed that the SELLER is not the manufacturer of the products presented in the SELLER SITE and that the SELLER disclaims any liability for defective products.
Consequently, in the event of damage caused to a person or property by defect in the product, only the liability of the manufacturer of the product may be sought by the consumer, on the basis of the information on the packaging of the product.
The warranty period is one year (1 year). Excluded from this warranty are all products modified or repaired by the customer or by any entity other than the service providers chosen by the SELLER and any product opened when it is a consumable (such as cosmetics, tanning lotion, etc.).
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| Right of withdrawal
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The right of withdrawal only applies to natural persons.
The consumer has a period of seven (7) calendar days to return, at his own expense, the products that do not suit him. This period runs from the day of receipt of the consumer's order. Any return may be reported in advance to the SELLER's customer service. The product must be returned to the SELLER's ADDRESS.
Sensitive products (such as cosmetics) must not have been unsealed, so that the consumer can benefit from the right of withdrawal.
Only returned products will be returned in their entirety, in their original packaging complete and intact, and in perfect condition for resale. 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 of requesting either a refund of the sums paid or an exchange of the product. In the case of an exchange, the 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 days.
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| Rights of use
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| The use of the trademarks present on the site is strictly prohibited unless agreed in writing by the trademark or trademarks in question.
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| Force majeure
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Neither party has breached its contractual obligations, insofar as their performance is delayed, hindered or prevented by an unforeseeable event of force majeure. A case of force majeure will be considered any irresistible fact or circumstance that is external to the parties, unforeseeable, unavoidable, beyond the control of the parties and that cannot be prevented by the latter, despite all reasonable efforts.
The party affected by such circumstances will notify the other within ten business days of becoming aware of such circumstances.
The two parties will then come together, within three months, unless it is impossible due to 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 force majeure event lasts longer than one month, these general terms and conditions may be terminated by the injured party.
In addition to those usually retained by the case law of the French courts and tribunals, the following are expressly considered to be cases of force majeure or fortuitous events: the blocking of means of transport, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
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| Partial non-validation
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| If one or more provisions of these general terms and conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions will retain their full force and scope.
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| Non renonciation
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| The fact that one of the parties does not rely on a breach by the other party of any of the obligations referred to in these general terms and conditions of sale cannot be interpreted in the future as a claim to the obligation in question.
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| Governing Law
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These general terms and conditions are subject to Luxembourg law. This is the case for the substantive rules as well as for the formal rules.
In the event of a dispute or claim, the consumer will first contact the SELLER to obtain an amicable solution.
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| Protection of personal data
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All the data you entrust to us is given in order to be able to process your orders.
You have the right to rectify, consult, modify and delete the data you have communicated to us with the SELLER. This right can also be exercised online.
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| Disputes
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Any order placed through the SELLER 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, T&Cs, products,...) will be subject to Luxembourg law before the Commercial Court of the SELLER's registered office.
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