General Terms and Conditions of Sale (GTCS)

 

Preamble / Seller's Identity / Access to Professional and Commercial Rules (if applicable)

The preamble recalls the purpose of the general terms and conditions of sale. It also serves to remind, if applicable, that certain products for sale on the site are subject to specific sales conditions. The preamble also allows you to know the professional and commercial rules to which the seller intends to submit, if applicable.

These terms indicate, in particular, the following information:

  • Means of reproduction and archiving of these terms
  • Legal notices of the LUXXANNIA site
  • General terms of use of the LUXXANNIA site
  • Essential characteristics of the goods offered
  • The various steps to follow for the conclusion of the online contract
  • Technical means of identification and correction of errors made when entering data
  • Proposed languages
  • Archiving and access methods to the contract
  • Means of consulting the professional and commercial rules to which the seller intends to submit
  • Legal and contractual guarantees
  • Delivery times, costs, and modalities
  • Delivery tracking and costs of distance communication techniques
  • The price
  • Payment terms and security measures
  • Details on the exercise of the right of withdrawal
  • Duration of the contract and validity of the price.

Last updated on 08/06/2023

LUXXANNIA is a service offered by OUKERROU MOHAMED

Email: CONTACT@LUXXANIIA.COM

It is previously specified that these conditions exclusively govern sales through the LUXXANNIA site.

These conditions are addressed to a consumer who has full legal capacity. These conditions apply to all orders you place on this site.

LUXXANNIA is not the manufacturer of the goods for sale. The characteristics presented (photos, descriptions, etc.) are based on information provided by the supplier. However, LUXXANNIA respects current quality and manufacturing standards.

If the product and/or characteristics do not match the product received by the customer, we invite you to visit our refund policy on the LUXXANNIA site.

These general conditions are presented in French.

Section 1 - Various steps to follow for the conclusion of the online contract Order On the Internet: www.luxxannia.com

You make your selection by browsing the pages of our site. Your selections are added to your cart when you click on "Add to cart." At any time during your navigation on our site, you can validate your order by clicking on "Payment."

Contract validation When you click on "Payment," a confirmation message appears. It summarizes all the products and options selected. On this page, you can either update your cart by modifying quantities and/or deleting one/more item(s), or proceed by checking the box: "I accept the T&C" and "Secure payment."

You must verify in this order form all the information provided, including all the elements necessary for delivery (delivery address, access code, telephone numbers, etc.). The prior collection of the internet user's identification elements (first name, last name, email address, bank details, etc.) facilitates the steps to conclude the contract. The customer can therefore save their details by checking the box "Save my details for next time."

If you do not need to modify the form and if you want to continue your order, you must click on "Continue to shipping method."

To continue your order, you must finally click on "Continue to payment method" and then "Place my order."

After payment on our secure server (see ''payment''), a receipt is displayed. It confirms the registration of your order and informs you that a confirmation email will be sent to you as soon as possible.

In case of risk related to the availability of a product, we reserve the right to refuse an order for the same product from a certain quantity (more than 100).

Technical means of identification and correction of errors You have the option at any time to identify and correct errors made when entering your data. If you notice an error after the conclusion of the contract, you must contact us.

Section 2 - Archiving and access methods to the contract We will archive contracts, purchase orders, and invoices on a reliable and durable medium.

You have the right to access these documents for orders amounting to €120 or more.

Section 3 - Legal and contractual guarantees Legal guarantees In accordance with the current legal provisions regarding the conformity of the goods to the contract, as well as hidden defects (available in Annex 1 to these conditions), we will refund, repair, or exchange any product that is apparently defective, damaged, or does not correspond to your order.

We will also reimburse you for all return costs upon presentation of supporting documents (photo, video, etc.).

If necessary, we invite you to read our Refund Policy.

Responsibility We do our utmost to satisfy you. We are responsible for the proper execution of these general conditions. However, our liability cannot be engaged due to a fortuitous event, force majeure, the unforeseeable and insurmountable action of a third party to the contract, or due to the non-conformity of the product with foreign legislation in the event of delivery to a country other than France.

Section 4 - Delivery times, costs, and modalities Delivery methods We will deliver the products to the address indicated in the order form.

Delivery time We will deliver to you no later than the date indicated in the confirmation message of your order. (17 to 21 working days)

In case of delay in delivery, we will inform you by email as soon as possible and propose a new date.

In case of unavailability of the ordered product, we will inform you as soon as possible. We will offer you a product of equivalent quality or price.

Delivery costs Delivery costs vary depending on the products.

Delivery tracking You can contact us by email for any questions regarding your delivery.

However, we remind you that we offer the service: "Order Notification" which provides you with real-time notifications regarding the status and progress of your order (On average, 1 notification every 2 days).

Section 5 - The price The prices of our products are indicated in euros including VAT.

You must also verify the possibilities of importing or using the products you order from us in the destination country.

Section 6 - Payment terms and security measures We only collect your payment when shipping. Therefore, you can freely cancel your order as long as it has not been handed over to our carrier for shipment. Upon delivery of your order for shipment, an email informs you that we will collect your payment.

However, it may sometimes happen that payment is collected when the contract is concluded.

Means of payment You have several means of payment to pay for your purchases on LUXXANNIA:

  • Either by credit cards: Visa, MasterCard, American Express, other blue cards:

Payment is made on the secure banking servers of our partners STRIPE. This means that no banking information concerning you passes through our site.

Payment by credit card is therefore perfectly secure; your order will be recorded and validated as soon as the payment is accepted by the bank you have chosen.

Security Payments via our site are subject to a security system. We have adopted the SSL (Secure Socket Layer) protocol to encrypt credit card details. To protect you against any intrusion, we do not store credit card numbers on our computer servers.

Section 7 - Satisfaction guaranteed or your money back: exercise of the right of withdrawal In accordance with legal provisions, within 14 days following the receipt of your product, you can exercise your right of withdrawal. You do not have to justify reasons or pay penalties. Except for return costs, which remain at your expense, we will refund you all sums paid no later than 30 days following your withdrawal. Upon our proposal, you can also opt for another refund method.

In accordance with legal provisions, the right of withdrawal cannot be exercised for products made to order, according to the consumer's specific specifications or for audio, video, or computer software recordings unsealed by the customer.

Section 6 - Duration of the contract and price validity. The products remain the exclusive property of LUXXANNIA until full payment is received by PayPal or Stripe.

Our price offers are valid only within the double limit of the validity period of the offer concerned and available stocks.

Our offers of goods and prices are valid if they are online on the site on the day of the order.

Section 7 - Applicable law / Competent jurisdiction These conditions are subject to French law.

In case of dispute on the substance or form, French courts will have exclusive jurisdiction.

Section 8 - Contact us / After-sales service If you wish to contact us, our customer service is at your disposal at the following address: contact@luxxaniia.com

Section 9 - Personal information We collect your personal information for the management of your orders and the follow-up of our commercial relations.

In accordance with the French Data Protection Act of January 6, 1978, you have the right to access, delete, rectify, and oppose personal data concerning you. You just need to write to us online at Customer Service, indicating your last name, first name, email address, address, and if possible your customer reference. (See "Privacy Policy")

Section 10 - Supplier & Owner Agreement a. The supplier and the owner of the online store are each referred to as a "party" or both as "parties";

b. The supplier manufactures and supplies various products; c. The owner of the online store operates one or more websites that facilitate the search, purchase, and payment of various products from various suppliers;

d. The parties wish to establish a dropshipping cooperation, which is a retail delivery method, in which the owner of the online store does not keep goods in stock but directly transfers orders from the final customer and shipping details to the supplier, who then ships the goods directly to the final customer;

e. The owner of the online store will act, within the framework of his aforementioned activity, as an intermediary, facilitating the purchase and payment of the supplier's products by final customers. The supplier will ship these products directly to the buyer. Therefore, the owner of the online store will not receive the products and will not import them, the owner of the online store will only inform the supplier of the purchase orders that have been placed;

f. In addition, the owner of the online store acts as a representative of the final customers and will therefore be the main point of contact for them: The owner of the online store will make payment on behalf of the final customer and will handle returns of products purchased on behalf of the final customers.

Annex 1: Provisions of the Consumer Code regarding the legal warranty of conformity

Article L211-4

The seller is required to deliver goods that are in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when it was their responsibility under the contract or was carried out under their responsibility.

Article L211-5

To be in conformity with the contract, the goods must:

1° Be fit for the usual purpose of goods of the same type and, where applicable:

  • Correspond to 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 considering the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;

2° Or have the characteristics defined by mutual agreement between the parties or be fit for any special use sought by the buyer, brought to the seller's attention and accepted by the seller.

Article L211-6

The seller is not bound by public statements made by the producer or their representative if it is established that they were not aware of them and could not reasonably have been aware of them.

Article L211-7

Any lack of conformity that becomes apparent within six months of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise.

The seller can rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

Article L211-8

The buyer has the right to demand conformity of the goods to the contract. However, the buyer cannot contest conformity by invoking a defect that they knew or could not have been unaware of at the time of contracting. The same applies when the defect originates from the materials they themselves provided.

Article L211-9

In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.

However, the seller may not proceed according to the buyer's choice if it entails a cost that is manifestly disproportionate compared to the other option, taking into account the value of the goods or the significance of the defect. In such a case, the seller must proceed, unless impossible, according to the option not chosen by the buyer.

Article L211-10

If repair and replacement of the goods are impossible, the buyer may return the goods and be refunded the price or keep the goods and be refunded part of the price.

The same option is available to them:

1° If the solution requested, proposed, or agreed upon under Article L. 211-9 cannot be implemented within one month following the buyer's claim;

2° Or if this solution cannot be implemented without major inconvenience to the buyer considering the nature of the goods and the intended use.

However, the sale cannot be canceled if the lack of conformity is minor.

Article L211-11

The provisions of Articles L. 211-9 and L. 211-10 apply at no cost to the buyer.

These provisions do not preclude the award of damages and interest.

Article L211-12

The action resulting from a lack of conformity is time-barred two years from the delivery of the goods.

Article L211-13

The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as provided in Articles 1641 to 1649 of the Civil Code or any other contractual or extra-contractual action recognized by law.

Article L211-14

The recourse action may be brought by the final seller against the successive sellers or intermediaries and the producer of the movable property, according to the principles of the Civil Code.

Annex 2: Provisions of the Civil Code regarding the warranty against hidden defects

Article 1641

The seller is bound by a warranty against hidden defects of the item sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would have paid a lower price for it, had they known of the defects.

Article 1642

The seller is not liable for apparent defects that the buyer could have noticed themselves.

Article 1642-1

The seller of a building under construction cannot be released, either before acceptance of the works or before the expiration of one month after the buyer takes possession, from the construction defects or non-apparent defects.

There will be no resolution of the contract or reduction in price if the seller undertakes to repair.

Article 1643

They are liable for hidden defects, even if they were unaware of them, unless, in that case, they stipulated that they would not be bound by any warranty.

Article 1644

In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and getting a refund or keeping the item and receiving a partial refund, as determined by experts.

Article 1645

If the seller was aware of the defects in the item, they are liable, in addition to refunding the price received, for all damages and interest owed to the buyer.

Article 1646

If the seller was unaware of the defects in the item, they are only liable to refund the price and reimburse the buyer for the expenses incurred by the sale.

Article 1646-1

The seller of a building under construction is liable, from the acceptance of the works, for the obligations that architects, contractors, and other persons involved in the building project are themselves liable for under Articles 1792, 1792-1, 1792-2, and 1792-3 of this code.

These warranties benefit subsequent owners of the building.

There will be no resolution of the sale or reduction in price if the seller undertakes to repair the damages defined in Articles 1792, 1792-1, and 1792-2 of this code and to assume the warranty provided for in Article 1792-3.

Article 1647

If the item, which had defects, is lost due to its poor quality, the loss is for the seller, who will be liable to the buyer for the refund and other compensation explained in the two preceding articles.

But the loss resulting from a fortuitous event will be for the buyer's account.

Article 1648

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

In the case provided for in Article 1642-1, the action must be brought, under penalty of forfeiture, within one year following the date on which the seller can be discharged from the apparent defects or non-conformities.

Article 1649

This action does not apply to sales made by judicial authority.