GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 1 - SCOPE
1.1. Object:
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by the company LYS MARTAGON PROPERTY (“The Seller”), a limited liability company, registered with the RCS of Luxembourg under number B129052, domiciled at 7, rue Robert Stümper L-2557 Luxembourg, Grand-Duchy de Luxembourg, with consumers and non-professional adult buyers (“Customers or the Customer”) wishing to purchase the products offered for sale by the Seller on the website www.ycone.lys-martagon.com (“the Website”).
They particularly specify the conditions for ordering, payment, and managing any returns of the products listed the online store catalog (” Online Store”), ordered by clients.
1.2. Products:
The main characteristics of the products are presented on the website.
The customer is required to review them before placing an order.
The choice and purchase of a product is solely the responsibility of the customer.
The photographs and information presented on the website are not binding and cannot in any way engage the seller’s liability.
In case of discrepancy between these photographs and information on one hand, and the chosen product(s) by the customer on the other hand, the seller cannot be held responsible.
The seller reserves the right to modify the composition of the products depending on supply constraints and/or as a precautionary measure.
The product offers are subject to availability, as specified at the time of placing the order.
They particularly specify the conditions for ordering, payment, and managing any returns of the products listed the online store catalog (” Online Store”), ordered by clients.
1.3. Accessibility:
Ces Conditions Générales de Vente sont accessibles à tout moment sur le Site Internet et prévaudront, le cas échéant, sur toute autre version ou tout autre document contradictoire.
1.4. Acceptation:
The Client declares to have read and accepted these General Terms and Conditions of Sale by ticking the designated box before initiating the online ordering process, as well as the general terms and conditions of use of the Website www.ycone.lys-martagon.com.
1.5. Modifications:
These General Terms and Conditions of Sale may be subject to subsequent modifications. The version applicable to the Client’s purchase is the one in effect on the Website on the date of placing the order.
1.6. Consent:
Unless proven otherwise, the data recorded in the Seller’s computer system constitute proof of all transactions concluded with the Client.
In accordance with the Data Protection Act of January 6th, 1978, strengthened and supplemented by the GDPR (General Data Protection Regulation) which came into effect on May 25th, 2018, the Client has, at any time, the right to access, rectify, object to, erase and port their personal data by writing, by mail and providing proof of identity, to:
HOTEL LYS MARTAGON – 464 Rue de Bellecôte 73120 Courchevel 1850 – France
1.7. validation of the order:
The validation of the order by the Client constitutes acceptance without reservation of these General Terms and Conditions of Sale.
ARTICLE 2 – ORDERS
2.1- Username and password
During the first order, a username and password are chosen by the Client. The username and password serve as proof of the Client’s identity and bind them to any order placed by them. The Client is solely responsible for their username and password and will bear the consequences of any use by third parties who have knowledge of them, unless they can demonstrate that the knowledge of this username and password results from a fault of the Seller. In the event of forgetting their password or username, the Client has a function on the Website allowing them to retrieve their username and choose a new password.
2.2- Orders
The Client agrees to fill out the order form accurately.
The Products presented in the Online Store catalog may not under any circumstances be subject to requests for modifications to their composition or presentation.
The Client is prohibited from reselling the Products, as their order is necessarily intended for personal use or for the personal use of the person to whom the shipment is intended.
Product offers are valid as long as they are visible on the website, within the limits of available stock.
Recording an order on the Seller’s website is done when the Client accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and confirming their order.
The Client has the possibility to verify the details of their order, its total price, and correct any errors before confirming their acceptance (Article 1127-2 of the Civil Code). This validation implies the acceptance of the entirety of these General Terms and Conditions of Sale and constitutes proof of the sales contract.
It is therefore the Client’s responsibility to verify the accuracy of the order and to immediately report any errors.
In the event of an error in the labeling of the Client’s contact information, the Seller cannot be held responsible under any circumstances for the inability to deliver to the recipient.
The sale will only be considered final after the Seller sends the Client confirmation of the acceptance of the order by email and after the Seller has received full payment.
Any order placed on the website www.ycone.lys-martagon.com constitutes the formation of a distance contract between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding the payment of a previous order.
ARTICLE 3 – PRICES
The Products are provided at the prices in effect on the website www.ycone.lys-martagon.com at the time the order is registered by the Seller. The prices are expressed in Euros and include all taxes (VAT).
The prices consider any discounts that may be granted by the Seller on the website www.ycone.lys-martagon.com.
These prices are firm and non-revisable during their validity period, as indicated on the website www.ycone.lys-martagon.com, with the Seller reserving the right to modify the prices at any time outside of this validity period. They do not include delivery fees, which are charged separately and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
An invoice is issued by the Seller and made available to the Customer in their personal account on the website www.ycone.lys-martagon.com
ARTICLE 4 – PAYMENT TERMS
It is recalled that the fact validate the order implies the Customer’s obligation to pay the price indicated. The price is payable in on the order is placed by the, through various secure payment, including credit cards
To be registered, the order must be paid in full. Unpaid orders cannot be processed.
At the time of payment, the bank request personal information to the internaute in order to verify the identity of the bearer of the card and validate the transaction. The customer must provide his/her credit card number, depending on the type of card, its expiry date and the cryptogram number (3-digit number on the back of the credit card). When validating the order form, the Customer guarantees Lys-Martagon that he/she is in good standing with the issuer of the payment card.
4.1- Accepted methods
Credit card: CB, Blue card Visa, MasterCard, Maestro, V-pay
4.2- Payment security:
All payments are traceable. Banque de Savoie uses the 3D secure system.
4.3- Website security:
The site is secured in several ways:
- SSL encryption, guaranteeing maximum security.
- Complete security solution.
- Regular updates
For further information, please consult our privacy policy.
ARTICLE 5 – IN-STORE PICKUP
In the case of an in-store pickup order, the Customer agrees to pick up their order at the Seller’s store (“The Store”), the address and opening hours of which are mentioned on the Website. The Customer must come during the store’s opening hours to collect their order (time slots are indicated on the website). This information will be included in a summary email of the order. In case of non-appearance on the chosen pickup day, the Seller does not guarantee the availability of the order. The Customer will not be entitled to any refund for this reason.
ARTICLE 6 – PRODUCT AVAILABILITY
6.1. Stock:
The Products sold on the Website are available within the limits of available stock. A product that becomes unavailable will be promptly removed from the online product catalog.
6.2. Unavailability:
However, in the event of a stock shortage, the Seller will contact the Customer by phone or email as soon as possible to agree on one of the following options:
– To reschedule the in-store pickup time slot until the Product is restocked, when possible;
OR
– To replace the Product with another equivalent in quality and price.
ARTICLE 7 – WITHDRAWAL
In accordance with article L.221-28 of the Consumer Code, “the right of withdrawal cannot be exercised for contracts […]:
– for the supply of goods made to the consumer’s specifications or clearly personalized;
– for the supply of goods that are liable to deteriorate or expire rapidly;
– for the supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection.”
ARTICLE 8 - PRODUCT WARRANTY
8.1. Applicable regulations:
The Seller guarantees to the Customer that the products are manufactured and packaged according to strict quality standards and stored in accordance with the applicable regulations in France.
8.2. legal guarantees:
The Products provided by the Seller benefit from the following legal guarantees:
– the legal warranty of conformity, for products that are apparently defective, damaged or not corresponding to the order,
– the legal warranty against hidden defects.
Since the products are perishable, the Seller’s liability cannot be engaged if the Customer does not comply with the optimal storage conditions and/or instructions, or if the Customer consumes products beyond the expiry date indicated on the packaging; in any case, for all the Products sold, the Seller’s liability cannot be engaged in the event of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in the case of normal wear and tear of the Product, accident or force majeure.
The Seller’s warranty is, in any case, limited to the replacement or refund of non-conforming or defective Products.
The Seller will refund or replace the deemed non-conforming or defective Products.
Refunds for deemed non-conforming or defective Products will be made as soon as possible and no later than 14 days after the Seller has identified the non-compliance or hidden defect.
The refund will be made by crediting the Customer’s bank account used at the time of purchase.
ARTICLE 9 - DATA PROTECTION AND PRIVACY
In accordance with Law No. 78-17 of January 6, 1978 as amended by Law No. 2018-493 of June 20, 2018, it is reminded that the personal data requested from the Customer is necessary for the processing of their order and the establishment of invoices, in particular.
The processing of information communicated through the website www.ycone.lys-martagon.com complies with the legal requirements regarding the protection of personal data, and the information system used ensures optimal protection of this data.
The Client has, in accordance with national and European regulations, a permanent right of access, modification, rectification, opposition, portability, and limitation of processing regarding their personal information.
This right can be exercised under the conditions and according to the procedures defined on the website www.lys-martagon.com.
ARTICLE 10 - INTELLECTUAL PROPERTY
The content of the website www.ycone.lys-martagon.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offense.
Furthermore, the Seller remains the owner of all intellectual property rights in the forms, recipes, photographs, presentations, studies, drawings, models, prototypes, and other materials produced (even at the request of the Client) for the provision of the Services to the Client. The Client is therefore prohibited from reproducing or exploiting these forms, recipes, studies, drawings, models, prototypes, and other materials without the express, written, and prior authorization of the Seller, which may be subject to financial compensation.
ARTICLE 11 - FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in the performance of one of their obligations arises from a case of force majeure, as defined in Article 1218 of the French Civil Code.
The Party experiencing the event must immediately inform the other party of its inability to perform its obligation and justify it to the latter. The suspension of obligations may in no case be a cause of liability for non-performance of the obligation in question, nor entail the payment of damages or late penalties.
The performance of the obligation is suspended for the entire duration of the force majeure if it is temporary. Therefore, upon the disappearance of the cause of the suspension of their reciprocal obligations, the Parties will make every effort to resume the normal performance of their contractual obligations as soon as possible. For this purpose, the affected Party will notify the other of the resumption of its obligation by email, which will be acknowledged by an email receipt from the recipient, and failing that, by registered letter with acknowledgment of receipt or any extrajudicial act. If the impediment is definitive, these terms and conditions will be purely and simply terminated.
During this suspension, the Parties agree that the expenses incurred by the situation will be borne by the affected party.
ARTICLE 12 - APPLICABLE LAW - DISPUTES
These General Conditions, as well as all operations covered by them, are subject to French law. In the event of a dispute, the Client will contact the Seller to find an amicable solution. If no agreement is reached, the matter will be brought before the competent courts.
