TERMS & CONDITIONS
TERMS OF SALES
The company LUNE R (Simplified joint-stock company with capital of 110,000 euros, registered in the Nanterre Trade and Companies Register under number 830 290 078, and whose registered office is 56 rue de meudon 92100 Boulogne-Billancourt; (ci - after "Let's Play On The Moon" or the "Company"), markets, under the "Let's Play on the Moon" brand, mineral jewellery, natural stone objects and raw minerals (hereinafter referred to as "the( s) Product(s)") as well as a positive lithotherapy training service consisting of the supply of a complete manual on lithotherapy downloadable online (hereinafter referred to as the "Service"), through the website www. letsplayonthemoon.com (the “Site”).
The sale of the Products and the Service on the Site is exclusively reserved for the end consumer, i.e. any natural person not acting as a merchant and having the legal capacity to contract (hereinafter referred to as the (s) ) Clients) )
The purpose of these general conditions of sale is thus to define the terms and conditions of sale of the Products and the Service to Customers, on the Site.
Consequently, placing an order on the Site implies the Customer's unreserved acceptance of these general conditions of sale.
These general conditions of sale may be modified at any time and without notice by Let's Play On the Moon. The conditions applicable to the order of a Product or Service by a Customer are those in force on the date of the order by the Customer.
The Customer of the Site must be a consumer, an adult natural person and legally capable.
For each order, the Customer must complete an order form specifying certain mandatory fields so that his order of Products can be taken into account by Let's Play On The Moon.
The information communicated to Let's Play On The Moon when opening its customer account and during each of its orders must be complete, accurate and up-to-date.
Let's Play On The Moon reserves the right not to follow up on an order if it does not come from a customer who meets the criteria set out above.
Consequently Let's Play on the Moon reserves the right not to honor orders placed by professionals and to cancel any order of an abnormal nature such as an order relating to quantities of Products exceeding the normal needs of a consumer or the abnormal flow of orders to the same billing and/or delivery address.
- PRODUCTS AND SERVICES
The essential characteristics of the Products are presented on the Site within each of the product sheets. If the Customer has any questions, he can contact Let's Play On The Moon by email at: firstname.lastname@example.org .
Only the Products appearing on the Site on the day of the order, and identified as available, can be sold to the Customer.
The Products presented are products based on natural stones. Their shapes and colors may sometimes vary from the product presentation photo. It is possible that the stocks on the Site vary significantly from the stocks in the warehouse, due to breakage or poor quality, so reimbursement will be made if this is the case at the discretion of Let's Play On The Moon due to out of stock.
The product offer and the prices are valid as long as the Product is available on the Site.
The photographs and graphics reproduced illustrating the Products on the Site are communicated for illustrative purposes and are not contractual. Consequently, Let's Play On The Moon cannot be held liable for any error or omission in any of these photographs or graphics.
The Customer is also required to consult the descriptive sheet of each Product to know its characteristics, and possibly the conditions of maintenance and use.
- The service
The documentation provided within the framework of the purchase of the Service by the Customer will be sent to him by e-mail to the address indicated by the Customer and/or will be downloadable online on the Site once the payment of the order of the Service by the Customer validated by Let's Play On the Moon.
This documentation cannot, in any way whatsoever, be the object, even partially, of reproduction, representation, loan, exchange or transfer, of total or partial extraction of data and/or transfer to another medium, of modification, adaptation, arrangement or transformation without the prior and express consent of Let's Play On the Moon.
Only a personal right of use, to the exclusion of any transfer of ownership rights of any kind whatsoever, is granted to the Customer. In this regard, the Customer is prohibited from exploiting, in particular for commercial purposes, directly and/or indirectly, the documentation relating to the Service.
The Customer also acknowledges that the training provided as part of the order for the Service cannot have the value of approval, certification or approval in any way whatsoever.
- ORDER PROCESS
To place an order, the following steps must be followed:
- the Customer browses the Site and adds the Product to his basket;
- the Customer verifies the nature of the Products added to the basket;
- to delete an article, the Customer must click on the cross to the left of the product and to change the number of articles, modify the quantity and click on "Update my basket";
- the Customer can then finalize his order or choose to continue his purchases;
- To conclude the purchase contract and finalize the order, the Customer completes the order form and indicates the personal data necessary for the order;
- the Customer must choose his method of payment;
- it is up to the Customer to check the details of the order and in particular the total price of his order taking into account the price of the Products, the terms and delivery costs, the VAT, the Product in particular in terms of quantity;
- the Customer must read and accept the T&Cs;
- The Customer makes the payment.
It is the Customer's responsibility to verify the accuracy of the information he communicates.
Let's Play On The Moon reserves the right to refuse, cancel and terminate orders at any time for legitimate and legal reasons.
Let's Play On The Moon will also be entitled to refuse any order made by a Customer with whom there is a dispute relating to the payment of a previous order as well as any order that does not comply with these GCS.
In these cases, Let's Play On The Moon will inform the Customer by telephone or by e-mail.
In the event that the Products presented on the Site are no longer available or for sale at the time your order is sent, Let's Play On The Moon must inform you promptly, and in any case, before thirty working days from day following your order, the possible unavailability of the products ordered. In the event of payment of the price, Let's Play On The Moon will reimburse you in full for the sums advanced for the unavailable Products.
The contract is deemed concluded upon receipt by Let's Play On The Moon of the order after verification by Let's Play On The Moon of the accuracy of the data relating to the order.
After validation of your order, a notice of receipt will be sent by email to the Customer, containing a summary of the information of the order (essential characteristics of the product, price, means of payment, delivery times and costs).
The Site offers payment via Credit Card, Paypal or Stripe. When the order is finalized, Let's Play On The Moon confirms the payment by sending the Customer a summary email.
The prices displayed on the site are expressed in euros, all taxes included (French VAT and other taxes applicable on the day of the order). Packaging, order processing and shipping costs are indicated before validation of the order.
Let's Play On The Moon may change the prices of the Products at any time and without notice, in particular due to changes in the economic, legislative and tax framework. The Products are invoiced on the basis of the price in force when the Customer places an order.
The Products remain the full property of the company LUNE R until full payment of the price of each order by Let's Play On The Moon.
6.1 Regarding the Products
The Products are delivered to the delivery address indicated on the order form.
The parcel is delivered according to the shipping method chosen by the Customer and is delivered to the recipient against signature of a delivery note (depending on the delivery method).
The products are only delivered in France, overseas and in the European Union.
Let's Play On The Moon promises to ship all orders within 7 business days. However, during peak periods such as Christmas, Let's Play On The Moon reserves the right to extend the shipping time to 10 days.
What are the delivery times ?
From the dispatch of the order, the average delivery times are as follows:
- 2 to 5 working days by Colissimo for France;
- 5 to 15 working days by international Colissimo.
It is specified that any change of delivery address made by the Customer after the registration of the order may result in an extension of the delivery time.
If Let's Play On The Moon fails to be able to deliver on the date indicated or within the time limit indicated when ordering, the Customer will have the possibility of obtaining the cancellation of the order under the conditions provided for in article L 216- 2 of the Consumer Code, that is to say by registered letter with acknowledgment of receipt, after having instructed Let's Play On The Moon to make the delivery within a reasonable time by registered letter with acknowledgment of receipt, without Let's Play On The Moon was executed.
6.2 About the Service
The documentation provided within the framework of the purchase of the Service by the Customer will be sent to the Customer by e-mail to the address indicated by the Customer and/or will be downloadable online on the Site once the payment of the order of the Service by the Customer validated by Let's Play On the Moon.
- RECEIPT OF PRODUCTS
Upon receipt of the Product, the Customer must immediately check, in the presence of the carrier, the condition of the packaging and of the Product delivered.
If, at the time of delivery, the packaging is damaged, torn or opened, the Customer must then check the condition of the Products it contains. If these Products have been damaged, the Customer must imperatively refuse the package and note a reservation on the delivery slip: damage, missing item, damaged package, broken item, etc.
This verification is deemed to have been carried out once the Customer, or a person authorized by him, has signed the delivery slip.
The Customer must then confirm by registered letter his reservations to the carrier no later than three days, not including public holidays, following that of receipt of the Products and send a copy of this letter to Let's Play On The Moon.
Non-compliance with said deadline does not affect the recourse that the Customer may have against Let's Play On The Moon to obtain the exchange or reimbursement of the Products in the event of damage or anomaly of the Product at the time of its delivery. Similarly, the Customer always benefits from his right of withdrawal under the conditions of article 9 above.
- LEGAL GUARANTEES
In accordance with the provisions of the Consumer Code, the Products marketed on the Site benefit from legal guarantees, i.e. the guarantee of conformity (articles L.217-4 and following of the Consumer Code) and the guarantee of hidden defects (articles 1641 and following of the Civil Code), allowing Customers to return defective and non-compliant Products free of charge.
8.1. Warranty against hidden defects.
In accordance with articles 1641 and following of the Civil Code, Let's Play On the Moon is bound by the guarantee for hidden defects of the Products sold making them unsuitable or significantly affecting the use for which they are intended. The Customer may bring an action on the basis of a latent defect within two years from the discovery of the defect.
As part of the legal guarantee against hidden defects, Let's Play On the Moon, according to the Customer's choice, undertakes, after assessment of the defect either:
– to reimburse the full price of the Product concerned;
– to reimburse part of the price of the Product if the Customer decides to keep it.
Applicable texts :
- Article 1641 of the Civil Code: The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have not acquired, or would have given only a lesser price, if he had known them.
- Article 1644 of the Civil Code: In the case of articles 1641 and 1643 , the buyer has the choice of returning the item and having the price refunded, or keeping the item and getting part of the price refunded.
- Article 1648, paragraph 1, of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
8.2. Legal guarantee of conformity
In accordance with Articles L.217-4 and following of the Consumer Code, Let's Play On the Moon is required to deliver Products that comply with each Customer's Order.
As part of the legal guarantee of conformity, Customer:
- has a period of 2 years from the delivery of the property to act;
- can choose between repairing or replacing the good, subject to the cost conditions provided for in article L 217-9 of the Consumer Code;
- is exempted from providing proof of the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods.
- Article L 217-4 of the Consumer Code: The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
- Article L 217-5 of the Consumer Code: To comply with the contract, the good must: 1° Be suitable for the use usually expected of a similar good and, where applicable: – correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model; – present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labelling; 2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
- Article L 217-7 of the Consumer Code: Lack of conformity which appears within twenty-four months from delivery of the goods is presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.
- Article L 217-9 of the Consumer Code: In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.
- Article L 217-10 of the Consumer Code: If the repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is looking for. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.
- Article L 217-11 of the Consumer Code: The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages.
- Article L 217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
- Article L 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
For any request relating to legal guarantees, please contact:
Let's Play On The Moon, 56 rue de meudon 92100 Boulogne-Billancourt. – Telephone 0631048363 (cost of a local call in mainland France, indicative rate from a landline, likely to be modulated according to the operators) – email: email@example.com
- CLIENT'S RIGHT OF WITHDRAWAL
9.1 Regarding the Products
In accordance with the provisions of Articles L 221-18 et seq. of the Consumer Code, the Customer may at his discretion waive his order of Products without justifying any reason. To do this, he has a right of withdrawal. He can exercise it (or a third party designated by him with the exception of the carrier) within 14 days of receipt of the Product.
Before the expiry of this 14-day period, the Customer must inform Let's Play On The Moon of his decision to withdraw either by sending him the withdrawal form appearing at the bottom of the GCS by cutting it out or in your package, after having duly completed, or by sending him an email clearly and unambiguously expressing this decision and mentioning the number of his order to: firstname.lastname@example.org
The Customer must return the Product, at his own expense (unless the product is not compliant or has a manufacturing defect), to Let's Play On The Moon, to the address mentioned on the withdrawal form no later than 14 days following receipt of the Product.
Let's Play On The Moon strongly advises its Customers to return the products by Colissimo to the address indicated on the withdrawal form. It is therefore recommended to provide proof of this return, which assumes that the Products are returned with parcel tracking, or by any other means giving a certain date.
Let's Play On The Moon must reimburse the Customer, including delivery costs, at the latest within 14 days from the date on which Let's Play On The Moon has actually collected the Product or from the date on which the Customer provided proof of shipment of the Product.
It is not possible to replace or exchange returned products. You will need to place a new order online.
9.2 About the Service
By application of Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised, in particular concerning " Services fully executed before the end of the withdrawal period and whose execution has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal”
Thus, the Customer acknowledges that, insofar as the positive Lithotherapy training manual for sale on the Site, is a service by instant online delivery upon validation of its online payment; the purchase of the Service cannot give rise to the exercise of any right of withdrawal.
- LIMITATION OF LIABILITY
The liability of the Company under the obligations of these General Conditions of Sale cannot be engaged in the event that the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, to the fault of the Customer, or the occurrence of an event of force majeure as defined by the French courts and article 1218 of the Civil Code, or any other event which has not reasonably been under the exclusive control of the Company.
- EFFECT OF THE CONTRACT
The contract takes effect as soon as it is concluded and cannot be terminated unilaterally by either party, unless the Customer uses his right of withdrawal under the conditions set out in articles L 221-18 et seq. Consumer Code.
- INTELLECTUAL PROPERTY
The Customer acknowledges that the Products and Services of Let's Play On The Moon, the "Let's Play On the Moon" brand, as well as all figurative or non-figurative brands and all illustrations, images, photographs, editorial and logotypes and all content appearing on the Site are and will remain the exclusive property of Let's Play On The Moon, in particular with respect to intellectual property.
The Customer is prohibited from any act of reproduction or total or partial use of these brands, photographs, illustrations, texts, images and logos, or any other content of the Site as well as any act tending to the appropriation of these elements, whether whether or not they are protected by Let's Play On The Moon by a trademark, design and model or copyright.
Consequently, any reproduction not authorized by Let's Play On The Moon is strictly prohibited and constitutes an act of infringement liable to legal proceedings.
- PROCESSING OF PERSONAL DATA
Let's Play On the Moon may collect personal data concerning the Customer when placing orders on the Site for order management purposes.
Any personal information that the Customer will be required to transmit to Let's Play On the Moon when ordering is subject to the provisions of Law No. 78-17 Informatique et Libertés of January 6, 1978 as amended by the law of August 6, 2004 and of the European regulation 2016/679 of April 27, 2016 known as the general regulation on data protection (RGPD).
Let's Play On the Moon is the sole recipient of the data and may only transmit personal data to a third party when:
- the Customer has given his prior consent for the sharing of this information,
- Let's Play On the Moon must share this information with third parties for the purposes of fulfilling the Customer's order.
- Let's Play On the Moon is summoned by a judicial authority or any other administrative authority to communicate the information to it.
In accordance with the regulations in force, in particular the GDPR, the Customer has the right to access and rectify his personal data, as well as the right to request their deletion, to oppose their processing for legitimate reasons. and to obtain its limitation or portability to the extent applicable.
These rights can be exercised at any time by sending an email to the following address:
Let's Play On The Moon, 56 rue de meudon 92100 Boulogne-Billancourt
The Customer may at any time request to no longer receive communications from Let's Play On the Moon relating to its offers, news and events by using the hypertext link provided for this purpose in each email that it may receive.
In the event of a dispute, the Customer must first contact Let's Play On The Moon by email at: email@example.com to obtain an amicable solution. Otherwise, the District Court has exclusive jurisdiction, regardless of the place of delivery and method of payment accepted. In the event of a dispute, the French courts will have sole jurisdiction.
15. APPLICABLE LAW AND JURISDICTION
These general conditions of sale are subject to French law.
In accordance with consumer law, in the absence of an amicable agreement, all disputes to which the GCS could give rise, concerning its validity, its interpretation, its execution, its termination, their consequences and their consequences will be submitted to the competent court in accordance with the common law rules of jurisdiction.