condiciones generales de venta (English)

Legal notices

https://www.lubin.eu is owned and managed by Lubin SARL, a limited-liability company registered in the Trade and Companies Register in Paris as number 478 006 042, having its Registered Office at 3 rue du Roule, 75001 Paris, France.

Publication Director: Gilles Thevenin, manager of Lubin SARL
Contact: eshop@lubin.eu
lubin.eu is hosted by: OVH – Registered Office: 2 rue Kellermann, 59100 Roubaix, France
General Terms & Conditions

Recitals

Lubin markets luxury perfumery products bearing the “Lubin” brand name in France and also throughout the world, via a selective distribution network and in its own boutiques trading as “Lubin”.
The selective network of sales outlets authorized to retail Lubin products in Europe and elsewhere in the world, the Lubin boutique in Paris, and any other Lubin boutique that might open, may offer a selection that differs from that sold on line by Lubin on the Site (defined below).
Lubin wishes to use the Site to supply commercial information about its products and allow end consumers in the European Union to purchase them directly.
The objective of these General Terms & Conditions is to regulate all aspects of the relationship between Lubin and the User (defined below), particularly the use of the Site and the sale of Products on line from the Site.
Please read the General Terms & Conditions of Use attentively before browsing the Site, and the General Terms & Conditions of Sale before placing a Product order, in order to check that you are fully in agreement with them.

I. Definitions

The definitions in this Article apply to all or part of the General Terms & Conditions. The meaning given to the terms defined below applies to both their singular and plural forms, and where relevant, to their other grammatical forms.

“Customer” means the User buying a Product on-line. A Customer is de facto a User and is thus subject to the stipulations that apply to Users.
“General Terms & Conditions” means, together or separately, the Recitals, the General Terms & Conditions of Use and/or the General Terms & Conditions of Sale.
“General Terms & Conditions of Use” means the terms and conditions imposed on Users accessing and using the Site that are contained in Section “II. General Terms & Conditions of Use”. The Recitals and Section “I. Definitions” also apply to them.
“General Terms & Conditions of Sale” describes the terms and conditions for the sale of the Products via the Site that are contained in the Recitals and in Section “III. General Terms & Conditions of Sale”. The Recitals, Section “I. Definitions” and Section “II. General Terms & Conditions of Use” also apply to them.
“Lubin” means the limited-liability company Lubin SARL, with capital of €2,010,000, registered in the Trade and Companies Register in Paris as number 478 006 042, having its Registered Office at 3 rue du Roule, 75001 Paris, France.
“Party” means separately or collectively Lubin and/or the User or Customer as appropriate.
“Product” means a perfumery product with the Lubin brand name offered for sale on the Site.
“Service” means the distance selling of Products and the associated services to end consumers via the Site (creating the customer account and connecting to it; placing and tracking orders; payment services; Product delivery).
“Site” means the entire content of Lubin’s corporate and e-commerce site, which provides information about Lubin and retails the Products. The Site is accessible via the Internet, at the following address: https://www.lubin.eu. It is understood that the above address is not exclusive and may also be changed at Lubin’s discretion.
“User” means any entity, including Customers and excluding anyone acting in a professional capacity (such as a wholesaler), who uses all or some of the Site’s functionality and the Services provided by Lubin (in particular to access and visit the Site, to create an account and identify the User, and to write questions or comments). The above use excludes any act that is illegal and/or malicious, either in its nature or its purpose.

II. General Terms & Conditions of Use

1. Access to and use of the Site
Information on the Site about Lubin and the Products is accessible to the User, on condition that he/she accepts the General Terms & Conditions of Use. Exchanges between the User and Lubin via the Site contact form are also regulated by the General Terms & Conditions of Use, which the User expressly accepts.
Using the Site imposes no obligation on the User to buy the Products.
The Site may only be used for authorized purposes. It may not be used in a way that contravenes local, national or international legislation or regulation, whether the use is illegal or malicious in its nature or purpose.
The information that the User sends to Lubin, in particular that relating to physical or digital identity, must be accurate and up to date and must not infringe the rights of third parties and/or any current law.

2. Site content
Lubin is not responsible for the content of a page that does not belong to the Site but to which the Site has a link or which contains a link to the Site.
Any questions or comments from Users, whether they are made public or not, will be considered non-confidential. Lubin shall also have the right to use, reproduce, delete or divulge them, particularly for commercial purposes, obviously having taken care beforehand to remove anything that might be used to identify the User who wrote them.

3. Site integrity
The User undertakes not to impair or damage all or part of the Site, any hypertext link, any equipment or network on which the Site is hosted, any software used in operating the Site, or any equipment, network or software held or used by a third party via the Site (and undertakes not to try to do so).
Users are not allowed to send, receive, transfer or up/download documents that might infringe any applicable law, and/or violate the integrity of the Site and/or the content and values it contains. This applies in particular to sending unsolicited advertising material containing viruses or any other kind of malware.

4. Processing personal data.
Lubin at 3 rue du Roule, 75001 Paris, France, is the processing manager responsible for managing User requests, orders and registrations. It processes personal data collected on the Site.
When using the Services, Users tick the box provided to consent expressly to their personal data being collected and processed as needed to supply the Services. Refusing to consent to data processing would prevent the Services being supplied.

The purpose of collecting and processing personal data is notably to allow the User to profit from the distance-sales Services offered by Lubin, by creating and accessing a customer account where orders may be placed, paid for and tracked.
For this purpose, Lubin asks users to provide in particular the following personal data: name, first name, date of birth, email and postal addresses, telephone number and bank details. This data may also be used to create customer loyalty, for sales prospecting and for promotions.
With the exception of Bank Data, Users’ personal data are not sent outside territories of the European Union.
Users’ personal data are stored by LUBIN located at 3 rue du Roule, 75001 Paris, France and, for Banking Data, by STRIPE, an American company intended for secure Internet payment for individuals and professionals, located at 510 Townsend Street, San Francisco, CA 94103, United States.
Lubin does not pass on Users’ personal data to businesses, organizations or third parties without the consent of the Users concerned and only if the third parties can protect the data in compliance with the provisions in the French Law on information technology and civil liberties of 6 January 1978, as amended by French Law 2018-493 of 20 June 2018.
These third parties may have access to Users’ personal data in order to comply with a legal or regulatory obligation and also as part of legal proceedings. They may also access Users’ personal data in order to ensure that the General Terms & Conditions are correctly implemented, and to prevent and counter technical problems, frauds or any other attack on Site security and the rights of Lubin and the Users.
If Lubin transfers supervision to a third party in the sense of Article L.233-3 of the French Commercial Code (Code de Commerce), Lubin undertakes to guarantee the confidentiality of the Users’ personal data, and to inform the Users before the data is either transferred or subject to different confidentiality rules.
Lubin undertakes to take all necessary precautions to maintain the security of Users’ personal data, and in particular to prevent it being corrupted or damaged and to stop it being accessed by unauthorized third parties.
The personal data will be retained throughout the time the Services are provided, and for at most 3 years after the Services cease being used.
The User has the right to access, correct and challenge all the personal data at all times, by contacting Lubin using the means provided in the Legal notices, and providing proof of his/her identity. The User is also entitled to lodge a complaint with the CNIL (the French Data Protection Authority).

5. Cookies
To enable its Users to browse the Site optimally and the Services to function better, Lubin may install and use cookies on the User’s computer. The User authorizes this unless he/she expressly refuses permission each time he/she visits the Site.
The cookies are used to store information about site navigation and any data entered by the User.
The User may block the cookies, change their retention time, and delete them, using his/her browser interface.
If cookies are systematically deactivated in the User’s browser and this prevents the use of certain Site services or functions, the User may not hold Lubin accountable.

6. Intellectual property
All the visuals, photographs, icons, text, graphics, logos and brand names visible on the Site may be protected by copyright, trademark law and/or any other intellectual property rights that Lubin either owns or has been authorized to use.
Lubin grants the Users a private and non-exclusive right to use the content above, only as necessary for them to use the Site and Services, within the limits provided in the General Terms & Conditions.
Any unauthorized reproduction and/or representation of content visible on the Site that is protected by an intellectual property right may be an infringement, and may lead to prosecution.
Any copy, reproduction or representation of all or part of the Site is prohibited unless Lubin has expressly agreed it in writing beforehand, apart from private and non-commercial use that complies with current legal requirements.

7. Site continuity
Lubin does not guarantee that the Site will be continuously accessible, not intermittently interrupted, not suspended and error free. In this regard, Lubin has simply an obligation to use appropriate means.
Lubin reserves the right to suspend the operation of the Site.

8. Miscellaneous
The General Terms & Conditions describe all the obligations of the Parties.
If one Party does not act on a failure to fulfil one of the obligations in the General Terms & Conditions, this does not signify that it waives its right to enforce that obligation.
If a legal text or a final judicial decision states that one or more of the provisions in the General Terms & Conditions is/are null or invalid, the other provisions shall retain their full force and effect.
The General Terms & Conditions are written in French and English: only the French version is authentic.

9. Applicable law – Competent court
The General Terms & Conditions are governed by French law.
Unless there is a mandatory provision to the contrary, and if it cannot be resolved amicably, any dispute arising from the interpretation and/or the application of the General Terms & Conditions shall be brought before competent courts under the jurisdiction of the Court of Appeal (Cour d’Appel) in Paris.
Under Article L.211-3 of the French Consumer Code (Code de la Consommation), the User is informed that in the event of a disagreement, he/she has the option of using the consumer mediation procedure, the terms & conditions of which are defined in Title I of Book VI of the French Consumer Code.

III. General Terms & Conditions of Sale

1. Capacity
Only natural persons of legal age and with legal capability may benefit from the Services offered by Lubin, and in particular may place orders and pay.
Lubin may under no circumstances be obliged to verify the legal capability of Site Customers, but reserves the option to request the Customer for proof of identity at any time during the payment process.
The Customer confirms that the ordering and purchase of Products on the Site has no direct or indirect bearing on his/her professional activity, and is confined strictly to personal use.

2. Products
Description of the Products
In compliance with Article L.111-1 of the French Consumer Code, the Customer may, before placing the order, use the Site to acquaint him/herself with the key features of the Product he/she wishes to order.
The photographs, graphics, information, descriptions and characteristics of the Products offered for sale are nevertheless only indicative and do not commit Lubin in any way.
Lubin reserves the right to withdraw Products from sale at any time.
Availability of Products
The Products shown on the Site are offered while stocks are available. Lubin does not guarantee their availability.
The Customer will be informed as soon as possible by email that the Product(s) concerned is/are unavailable and if the order has been totally or partially cancelled.
If the entire order is cancelled, the Customer’s bank account will not be debited.
If the order is only partially cancelled, the Customer’s order will nevertheless be validated and his/her bank account debited with the full amount of the order. The Products available will be delivered. The price of the Products not available will be refunded to the Customer at the latest thirty (30) days after payment.

3. Price
The price of the Products is fixed and shown in euros. The current price is that shown for each Product on the Site on the day the order is placed.
Prices include French VAT at the rate applicable on the day of the order, and exclude packaging and delivery. The Customer will be informed of the packaging and delivery costs before he/she finally approves the order, and they will be added to the Product price as shown on the Site.
The firm and final price invoiced to the Customer is that shown on the Site when the order is confirmed. It is sent to the Customer in the final order confirmation email.
Lubin reserves the right to change the price of a Product at any time, as long as it publishes the changes on the Site. These changes do not affect orders in progress that the Customer has not finally confirmed.
4. Methods of ordering
Placing the order
Once the Customer has filled his/her virtual basket with the Products he/she wants (stating the quantity of each Product), he/she is invited to order and pay. The Customer can then check his/her virtual basket before finally confirming and paying for the order.
The Customer will then be asked to define the choice of delivery method and fill in the delivery address in Germany, Andorra, Austria, Belgium, Denmark, Spain, Finland, France, Greece, Hungary, Ireland, Italy, Liechtenstein, Luxembourg, Monaco, Netherlands, Poland, Portugal, United Kingdom, Czech Republic, Slovakia, Sweden, Vatican City.
To continue with the order, the Customer must either login to or else create an account. To create an account, the Customer enters personal information, in particular his/her surname, first name, email address and delivery details.
Once the Customer is identified, he/she pays for the order using a bank card, 3D SECURE (Visa, MasterCard, American Express).
In confirming the order, the Customer accepts the General Terms & Conditions without reservation.
Before confirming payment, the Customer may go back at any time to the previous pages to check or change the order.
The order cannot be cancelled or changed once the Customer has confirmed payment, but this does not mean that the order may not be totally or partially cancelled if the Products are not available as described above (2. Products).

Final order confirmation
Lubin will send an order summary to the Customer by email once payment has been validated. The Customer will be given the price, the carriage cost and the order number.
The sale is only final once Lubin has received payment in full for the order.
A final confirmation email will be sent to the Customer informing him/her that payment is complete and has been received by Lubin. This email reproduces the General Terms & Conditions, reminds the Customer of the cooling-off period and includes a standard withdrawal form.

Refusal of order
Lubin is free to refuse any order if a previous order from the Customer is wholly or partly unpaid, or if authorization for the card payment has been refused.
Lubin is also free to refuse any order that is abnormal in nature, in particular as regards the order frequency, the quantity of Products ordered and/or the order value. It should be noted that the Customer may order products on the Site only for strictly personal use, unrelated directly or indirectly to any professional activity. Thus, LUBIN caps the value of an order on the site to 830 euros including tax. Beyond this value the order will not be processed.

5. Payment
Methods
Once the order has been finally confirmed and assuming the server is available, the Customer pays the order using a bank card, 3D SECURE (Visa, MasterCard, American Express).
The Customer enters the card number, the expiry date, the cardholder name and the security code on the back.
Payment is made via the Stripe secure server (Stripe operates a secure payment gateway). None of the Customer’s banking details transit via le Site.
Payments by cheque, payments by instalment and deferred payments are not accepted.
The Customer affirms to Lubin that he/she has the necessary authorization to use the payment method selected when the order is confirmed. The order will automatically be cancelled if the bank refuses payment.
Purchase invoices will be sent by electronic mail to the email address supplied by the Customer when entering his/her order on the Lubin Site.
Countering fraud
To counter Internet fraud, Stripe, a secure payment gateway chosen by Lubin, is responsible for checking information relating to orders. Stripe stores and processes automatically the information relating to each order, including the details on bank cards, in a secure environment.
If a payment fails because of fraudulent use of a bank card or any other means of payment, Stripe has a file in which details of the fraudulent order are recorded. Specific processing may also be used for any irregular declaration or anomaly.

6. Deliveries
Delivery address
Products ordered by the Customer will be delivered to the individual address entered as the delivery address when placing the order in Germany, Andorra, Austria, Belgium, Denmark, Spain, Finland, France, Greece, Hungary, Ireland, Italy, Liechtenstein, Luxembourg, Monaco, Netherlands, Poland, Portugal, United Kingdom, Czech Republic, Slovakia, Sweden, Vatican City.

Delivery times
The time and cost of delivery depend on the delivery method chosen by the Customer when placing the order.
The delivery time starts to run when the final order confirmation email is sent.
A delivery note setting out the terms & conditions and possible ways to return the Products will be enclosed in the parcel.

7. Product acceptance
At the time of delivery, the Customer undertakes to check the compliance and condition of the packaging and the conformity of the Product.
If the Customer identifies anomalies when he/she receives the order, (e.g. damage, loss or delay), he/she must report it. His/her reservations must be written explicitly on the delivery acknowledgement presented by the carrier, before being sent to LUBIN either via the Site contact form or by e-mail: e-shop@lubin.eu.
The Customer must communicate his/her reservations to Lubin within ten (10) days of receiving the Products.
The carrier may be investigated to determine the reason why a Product is missing, or if a delivery has been delayed. When a missing Product is found before the scheduled delivery date, it will be delivered to the Customer at the address provided when the order was placed.
After the delivery date scheduled in the final order confirmation email, a Customer who has still not received his/her order must contact Lubin by registered letter with acknowledgment of receipt in order to inform it of the delay and request a new delivery from Lubin’s Customer Relations Department at the following address:
Lubin, Service Relation Clientèle
21 rue des Canettes
75006 Paris, France

8. Right of withdrawal and return of Products
Under the provisions in Articles L.221-18 ff. of the French Consumer Code, the Customer has a period of fourteen (14) days after receiving Products ordered on the Site to notify Lubin that he/she wishes to exercise his/her right of withdrawal.
Under the provisions in Article L.221-28 of the French Consumer Code, the right of withdrawal may not be exercised Therefore, the Customer must return the Product in its original unopened packaging, following the procedure described below:
complete the withdrawal form (Appendix 1);
contact LUBIN customer service by e-mail at eshop@lubin.eu to request the sending of a return slip to print and stick on the package. Attach to the package the completed withdrawal form;
return the Product in its original packaging. Only Products returned in their original condition will be accepted and refunded. For health and safety reasons, unsealed products will not be refunded.
For any other reason for return (non-compliant or damaged Product, error on the content of the order etc.), the Customer should contact the customer service of the LUBIN online store by e-mail at the following address: eshop@lubin.eu.
The Customer pays the return costs. He/she also bears the risks associated with returning the Product. LUBIN pays these costs only if the Product is non-compliant. Postage-due parcels are not accepted.
If the terms & conditions above are respected, the order price for the returned Product will be refunded to the Customer within fourteen (14) days of the parcel and return slip being received.
The order (including the standard delivery charge) will be reimbursed by crediting the account associated with the bank card used to pay for the order. for Products with a seal broken after delivery.

9. Legal guarantee of conformity and hidden defects
All Products are covered by the legal guarantee of conformity provided in Articles L.217-4 – L.217-14 of the French Consumer Code and by the legal guarantee against hidden defects provided in Articles 1641 – 1649 (excluding Article 1646-1) of the French Civil Code (Code Civil).
If a Product does not conform and/or contains a hidden defect, the Customer may decide whether Lubin repairs or replaces the Product.
If this decision involves a clearly disproportionate cost for Lubin, Lubin may take the other option. If it is impossible to repair or replace the Product, the Customer may return it to Lubin and be refunded with its price, or keep it and receive a partial refund.
A repair, replacement or refund for an order placed on the Site may be requested/implemented only via the Site, and not at any other Lubin sales outlet.

10. Complaints – Information
Customers are requested to contact Lubin Customer Services for any information, complaint or question relating either to the General Terms & Conditions of Sale or to the Products themselves.
Lubin Customer Services may be contacted by telephone (+33 (0)1 43 29 52 42 – price of a local call), via the Site contact form, or by letter to the following address:
Lubin, Service Relation Clientèle
21 rue des Canettes
75001 Paris, France

11. Contractual whole
The General Terms & Conditions and the final order confirmation sent by email constitute the entire contractual relationship between the Parties relating to the Sale of Products.

Date updated: 15 May 2019

Appendix 1: Withdrawal form

(Please complete and return this form only if you wish to exercise your right of withdrawal, stated in article 8 of the General Terms and Conditions of Sale.)

For the attention of LUBIN, 21 rue des Canettes, 75006 Paris, France; telephone: +33 (0)1.43.29.52.42 e-mail: eshop@lubin.eu

I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the Product below:
Product references:
Order number:
Ordered on (*):
Received on (*):
Name(s) of the consumer(s):

Address(es) of the consumer(s):

Reason(s) for withdrawal (optional):

Signature(s) of the consumer(s) (only in the event of notification of this form on paper):

Drawn up in:
On:

(*) Delete as applicable