luckyteam / esprit malin general conditions of sale
General conditions of sale of the luckyteam.fr website
applicable from 11/25/2021
ARTICLE 1. PARTIES
These general conditions are applicable between SAS ESPRIT MALIN - LUCKYTEAM, SAS, share capital: €20,000, registered with the RCS of Cannes in France on 01/27/2006, under number B488247438, head office: 124 rue d'antibes, 06400 Cannes, FR, telephone: +33493752067, email: info@luckyteam.fr, intra-community VAT number: FR34488247438, hereinafter "the Publisher" and any person, natural or legal, under private or public law, registered on the Site to purchase a Product, hereinafter "the Customer".
ARTICLE 2. DEFINITIONS
“ Client ”: any person, natural or legal, private or public law, registered on the Site.
“ Site Content” : elements of any nature published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
“ The Publisher ”: SAS ESPRIT MALIN - LUCKYTEAM, SAS taken in its capacity as publisher of the Site.
“ Internet user ”: any person, natural or legal, private or public, connecting to the Site.
“ Product ”: goods of any kind sold on the Site by the Publisher to Customers.
“ Site ”: website accessible at the URL luckyteam.fr, as well as the sub-sites, mirror sites, portals and URL variations relating thereto.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible and free of charge to any Internet user. Browsing the Site implies acceptance by any Internet user of these general conditions. Simply connecting to the Site, by any means whatsoever, in particular via a robot or a browser, will imply full and complete acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
The Internet user thereby acknowledges having fully understood them and accepts them without restriction.
Checking the above box will be deemed to have the same value as a handwritten signature from the Internet User. The Internet User acknowledges the evidentiary value of the Publisher's automatic recording systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.
These general conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these general conditions assumes that Internet users have the legal capacity necessary for this, or failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is the sale of Products to Customers.
ARTICLE 5. ORDER STEPS 5.1. Order
In order to place an order, Internet users may select one or more Products and add them to their basket. The availability of the Products is indicated on the Site, in the description sheet for each item. When their order is complete, they can access their basket by clicking on the button provided for this purpose.
5.2. Validation of the order by the Internet user
By consulting their basket, Internet users will have the ability to check the number and nature of the Products they have chosen and will be able to check their unit price, as well as their overall price. They will have the option of removing one or more Products from their basket.
If their order suits them, Internet users will be able to validate it. They will then access a form on which they can either enter their login details if they already have them, or register on the Site by completing the registration form using their personal information.
5.3. Payment by the Customer
Once they are connected or after they have fully completed the registration form, Customers will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected for this purpose to the secure payment interface containing the words "order with payment obligation" or any similar formula.
5.4. Confirmation of the order by the Publisher
Once the payment has actually been received by the Publisher, the latter undertakes to acknowledge receipt to the Customer electronically, within a maximum period of 24 hours. Within the same period, the Publisher undertakes to send the Customer an email summarizing the order and confirming its processing, including all the information relating thereto.
ARTICLE 6. PRICE - PAYMENT6.1. Price
The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by the Publisher. The prices displayed are only valid on the day of the order and do not have effect for the future.
The prices indicated on the Site are understood to be in euros, all taxes included, excluding delivery costs.
6.2. Payment method
The Customer can make payment via Paypal, Stripe, Amazon Pay.
In the context of payments by bank card, the Publisher does not have access to any data relating to the Customer's means of payment. Payment is made directly to the banking establishment.
In the event of payment by money order, check or bank transfer, delivery times only begin to run from the date of receipt of payment by the Publisher.
6.3. Billing
The Publisher will send or make available to the Customer an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.
6.4. Default of payment
Agreed payment dates cannot be delayed for any reason whatsoever, including in the event of a dispute.
Any amount not paid on the due date will give rise, automatically and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the due date of the amounts due in principal.
In addition, any late payment will result in the defaulting Customer being billed for recovery costs of 40 euros, all amounts remaining due becoming due immediately, regardless of the agreed deadlines, plus compensation of 20% of the amount as a penalty clause, as well as the possibility of terminating the contract unilaterally due to the Customer. This clause is part of the provisions of Article 1152 of the Civil Code, allowing the judge to reduce the compensation if the judge considers it to be excessive.
6.5. Retention of title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. CUSTOMER SERVICE
The Site's customer service is available from Monday to Saturday from 10:00 to 19:00 at the following non-premium rate telephone number: 0493752067, by email at: info@luckyteam.fr or by post to the address indicated in article 1 of these general conditions. In these last two cases, the Publisher undertakes to provide a response within 1 working day.
ARTICLE 8. PERSONAL SPACE8.1. Creation of personal space
The creation of a personal space is an essential prerequisite for any order by an Internet user on the Site. To this end, the Internet user will be asked to provide a certain amount of personal information. Some of this information is deemed essential for the creation of the personal space. The refusal by an Internet user to provide said information will have the effect of preventing the creation of the personal space as well as, incidentally, the validation of the order.
When creating the personal space, the Internet user is asked to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in the personal space. The Internet user therefore agrees not to transmit it or communicate it to a third party. Failing this, the Publisher cannot be held responsible for unauthorized access to the personal space of an Internet user.
The Customer undertakes to regularly check the data concerning him/her and to make any necessary updates and modifications online, from his/her personal space.
8.2. Content of the personal space
The personal space allows the Customer to consult and track all of their orders placed on the Site.
The pages relating to personal spaces are freely printable by the holder of the account in question, but do not constitute evidence admissible by a court. They are only informative in nature and are intended to ensure efficient management of orders by the Customer.
The Publisher undertakes to securely store all contractual elements whose retention is required by law or regulations in force.
8.3. Deletion of personal space
The Publisher reserves the right to delete the account of any Customer who violates these general terms and conditions, in particular when the Customer provides inaccurate, incomplete, false or fraudulent information, as well as when a Customer's personal space has remained inactive for at least one year. Said deletion will not be likely to constitute a fault of the Publisher or damage for the excluded Customer, who will not be able to claim any compensation for this reason.
This exclusion is without prejudice to the possibility for the Publisher to take legal action against the Client, when the facts justify it.
ARTICLE 9. PERSONAL DATA
As part of its service, the Publisher will be required to process personal data of its Customers.
9.1. Identity of the data controller
The person responsible for the collection and processing of data on the Site is the Publisher.
9.2. Identity of the Data Protection Officer
The data protection officer is: Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, contact@deshoulieres-avocats.com , 01 77 62 82 03, www.deshoulieres-avocats.com "always taking care to create a hyperlink on the URL of our site
9.3. Data collected9.3.1. Data collected from customers
As part of its contractual relations, the Publisher may be required to collect and process information from its Customers, namely: Email, First and last name, Telephone, Address, state, province, postal code, city.
9.3.2. Data collected from customers
The data collected during the contractual relationship are subject to automated processing for the purpose of:
Initiate legal proceedings; Verify the identity of Customers; 9.3.3. Legal bases for processing
The data collected has a contractual relationship as its legal basis.
9.3.4. Data recipients
The data collected can only be viewed by the Publisher within the limits strictly necessary for the execution of contractual commitments.
This data, whether in individual or aggregated form, is never made freely viewable by a third party natural person.
9.3.5. Duration of storage of personal data
The personal data collected is kept for the duration of the contractual relationship, and for the time during which the Publisher's liability may be incurred.
After the retention period, the Publisher undertakes to permanently delete the data of the persons concerned without keeping a copy.
9.3.6. Security and confidentiality of personal data
Personal data is stored in secure conditions, using current technical means, in compliance with the provisions of the General Data Protection Regulation and current national legislation.
Access to the Publisher's premises is also secure.
9.3.7. Data minimization
The Publisher may also collect and process any data voluntarily transmitted by its Customers.
The Publisher directs its Customers to provide personal data strictly necessary for the execution of contractual commitments.
The Publisher undertakes to retain and process only data strictly necessary for its professional activities, and will delete any data received that is not useful for its activities as soon as possible.
9.4. Respect for rights
The Publisher's Customers have the following rights regarding their personal data, which they can exercise by writing to the Publisher's postal address or by completing the online contact form.
9.4.1. Right to information, access and communication of data
The Publisher's Customers have the possibility of accessing personal data concerning them.
Due to the obligation of security and confidentiality in the processing of personal data incumbent on the Publisher, requests will only be processed if Customers provide proof of their identity, in particular by producing a scan of their valid identity document (in the event of a request via the dedicated electronic form) or a signed photocopy of their valid identity document (in the event of a request sent in writing), both accompanied by the words "I certify on my honor that the copy of this identity document is a true copy of the original. Done at ... on ...", followed by their signature.
To help them in their process, Customers will find here a model letter developed by the CNIL.
9.4.2. Right to rectification, deletion and right to be forgotten of data
The Publisher's Customers have the possibility of requesting the rectification, updating, blocking or even deletion of their personal data which may prove to be inaccurate, erroneous, incomplete or obsolete.
The Publisher's Customers may also define general and specific guidelines regarding the fate of personal data after their death. Where applicable, the heirs of a deceased person may demand that the death of their loved one be taken into consideration and/or that the necessary updates be made.
To help them in their process, Customers will find here a model letter developed by the CNIL.
9.4.3. Right to object to data processing
The Publisher's Customers have the possibility of objecting to the processing of their personal data.
To help them in their process, Customers will find here a model letter developed by the CNIL.
9.4.4. Right to data portability
The Publisher's Customers have the right to receive the personal data they have provided to the Publisher in a transferable, open and readable format.
9.4.5. Right to restriction of processing
The Publisher's Customers have the right to request that the processing of their personal data by the Publisher be limited. Thus, their data can only be retained and no longer used by the Publisher.
9.4.6. Response times
The Publisher undertakes to respond to any request for access, rectification or opposition or any other additional request for information within a reasonable period of time which may not exceed 1 month from receipt of the request.
9.4.7. Complaint to the competent authority
If the Publisher's Customers consider that the Publisher does not respect its obligations with regard to their personal data, they can send a complaint or a request to the competent authority. In France, the competent authority is the CNIL to which they can send a request here .
9.5. Transfer of collected data9.5.1. Transfer to partners
The Publisher uses authorized service providers to facilitate the collection and processing of its Customers' data. These service providers may be located outside the European Union.
The Publisher has previously ensured that its service providers have implemented adequate guarantees and complied with strict conditions regarding confidentiality, use and protection of data, for example via the US Privacy Shield.
The Publisher uses the following subcontractors:
PartnerQualityRecipient countryProcessing carried outGuarantees
9.5.2. Transfer upon requisition or court decision
Customers also consent to the Publisher communicating the data collected to any person, upon request of a state authority or upon court decision.
9.5.3. Transfer in the context of a merger or acquisition
If the Publisher is involved in a merger, sale of assets, financing transaction, liquidation or bankruptcy or in an acquisition of all or part of its business by another company, Customers consent to the data collected being transmitted by the Publisher to this company and to this company carrying out the personal data processing referred to in these General Terms of Service in place of the Publisher.
ARTICLE 10. RESPONSIBILITY OF THE PUBLISHER10.1. Nature of the Publisher’s obligations
The Publisher undertakes to take the necessary care and diligence to provide quality Products that comply with the specifications of these General Conditions. The Publisher is only liable for an obligation of means concerning the services covered by these General Conditions.
10.2. Force majeure - Customer fault
The Publisher shall not be liable in the event of force majeure or fault of the Client, as defined in this article:
10.2.1. Force majeure
For the purposes of these general terms and conditions, any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure attributable to the access provider, failure of transmission networks, collapse of installations, illicit or fraudulent use of passwords, codes or references provided to the Customer, computer hacking, a security breach attributable to the Site host or developers, flood, power outage, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of the Publisher will be considered a case of force majeure against the Customer. In such circumstances, the Publisher will be exempted from the performance of its obligations to the extent of this impediment, limitation or disruption.
10.2.2. Customer Fault
Within the meaning of these General Terms and Conditions, any misuse of the Service, fault, negligence, omission or failure on the part of the Customer or its agents, failure to comply with the advice given by the Publisher on its Site, any disclosure or illicit use of the Customer's password, codes and references, as well as the provision of incorrect information or the failure to update such information in the Customer's personal space will be considered a fault of the Customer, enforceable against the latter. The implementation of any technical process, such as robots or automatic requests, the implementation of which would contravene the letter or spirit of these general terms and conditions of sale will also be considered a fault of the Customer.
10.3. Technical problems - Hyperlinks
In the event of inability to access the Site, due to technical problems of any nature, the Customer will not be able to claim damages and will not be able to claim any compensation. The unavailability, even prolonged and without any time limit, of one or more online services, cannot constitute a prejudice for the Customers and cannot in any way give rise to the granting of damages by the Publisher.
The hyperlinks on the Site may refer to other websites. The Publisher shall not be held liable if the content of these sites contravenes current legislation. Similarly, the Publisher shall not be held liable if the Internet user's visit to one of these sites causes harm.
In the current state of the art, the rendering of the representations of the Products offered for sale on this Site, particularly in terms of colors or shapes, may vary significantly from one computer workstation to another or differ from reality depending on the quality of the graphic accessories and the screen or depending on the display resolution. These variations and differences may in no case be attributed to the Publisher, which may in no case be held liable for this.
10.4. Damages payable by the Publisher
In the absence of legal or regulatory provisions to the contrary, the Publisher's liability is limited to the direct, personal and certain damage suffered by the Customer and linked to the failure in question. The Publisher may not under any circumstances be held liable for indirect damages such as, in particular, loss of data, commercial losses, loss of orders, damage to brand image, commercial disruption and loss of profits or customers. Similarly and within the same limits, the amount of damages payable by the Publisher may not in any event exceed the price of the Product ordered.
10.5. Hypertext links and contents of the Site
The Contents of the Site are published for information purposes only, without any guarantee of accuracy. The Publisher may not be held liable under any circumstances for any omission, inaccuracy or error contained in this information that would cause direct or indirect damage to the Internet user.
ARTICLE 11. INTELLECTUAL PROPERTY11.1. Legal protection of the Site Contents
The Contents of the Site may be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or its beneficiaries or assigns constitutes a violation of Books I and III of the Intellectual Property Code and may give rise to legal proceedings for counterfeiting.
11.2. Contractual protection of the Site Contents
The Internet User contractually undertakes with respect to the Publisher not to use, reproduce or represent, in any way whatsoever, the Contents of the Site, whether or not they are protected by an intellectual property right, for any purpose other than that of their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.
ARTICLE 12. FINAL PROVISIONS12.1. Applicable law
These general conditions are subject to the application of French law.
12.2. Modifications to these general conditions
These general terms and conditions may be modified at any time by the Publisher. The general terms and conditions applicable to the Customer are those in force on the day of his order or connection to this Site, any new connection to the personal space implying acceptance, where applicable, of the new general terms and conditions.
12.3. Disputes
Pursuant to Order No. 2015-1033 of August 20, 2015, any disputes that may arise in the context of the execution of these general conditions and for which a solution cannot be found amicably between the parties must be submitted.
In addition, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Since January 1, 2016, mediation has been mandatory for everyone. Thus, any professional selling to individuals is required to provide the contact details of a competent Mediator in the event of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).
Luckyteam / 0493752067
12.4. Entirety
The invalidity of one of the clauses of this contract shall not entail the invalidity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the cancelled stipulation with a valid stipulation corresponding to the spirit and purpose of these terms.
12.5. Non-waiver
The Publisher's failure to exercise the rights granted to it herein may not under any circumstances be interpreted as a waiver of the right to assert said rights.
12.6. Telephone canvassing
The Customer is informed that he has the possibility of registering on the telephone canvassing opposition list at the address http://www.bloctel.gouv.fr/.
12.7. Languages of these general conditions
These general conditions are offered in French.
12.8. Abusive clauses
The provisions of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair clauses in contracts concluded between a professional and a consumer.
LEGAL NOTICES
Legal notices of the luckyteam.fr website
applicable from 11/25/2021
ARTICLE 1. PUBLISHER
You are currently connected to the luckyteam.fr website, published by SAS ESPRIT MALIN - LUCKYTEAM, SAS, share capital: €20,000, registered with the RCS of Cannes in France on 01/27/2006, under number B488247438, head office: 124 rue d'antibes, 06400 Cannes, FR, telephone: +33493752067, email: info@luckyteam.fr, intra-community VAT number: FR34488247438, publication director: Mr. Guillaume Bachelet.
ARTICLE 2. HOST
Information relating to the legal and technical hosting of this site can be found at: https://www.shopify.fr/legal/mentions-legales
CONFIDENTIALITY
PRIVACY POLICY
Last updated on 11/25/2021.
PREAMBLE
This privacy policy informs you about how SAS ESPRIT MALIN - LUCKYTEAM uses and protects the information you transmit to us when you use this site accessible from the following URL: luckyteam.fr (hereinafter the "Site").
Please note that this privacy policy may be modified or supplemented at any time by SAS ESPRIT MALIN - LUCKYTEAM, in particular in order to comply with any legal or technological developments. In such a case, the date of its update will be clearly identified at the top of this policy. These modifications are binding on the user as soon as they have been informed of the posting of the updated privacy policy, and they have accepted it.
ARTICLE 1. PARTIES
This Privacy Policy is applicable between the publisher of the Site, hereinafter “ the Publisher ”, and any person connecting to the Site, hereinafter “ the User ”.
ARTICLE 2. DEFINITIONS
“ Site Content” : elements of any nature published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
“ Publisher ”: SAS ESPRIT MALIN - LUCKYTEAM, SAS taken in its capacity as publisher of the Site.
“User” : any person connecting to the Site.
“Site” : website accessible at the URL luckyteam.fr, as well as the sub-sites, mirror sites, portals and URL variations relating thereto.
ARTICLE 3. SCOPE OF APPLICATION
This privacy policy applies to all Users. Clicking on "I accept" when registering on the Site will imply your full and complete acceptance of it. Similarly, clicking on "I accept" in the information banner relating to cookies displayed on the Site imply your confirmation of this acceptance, while allowing you to personalize the cookies that will or will not be applied to you. You also acknowledge having fully read them and accept them without restriction.
The User acknowledges the evidentiary value of the Publisher's automatic recording systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.
Acceptance of this privacy policy requires that Users have the legal capacity necessary to do so or that they are at least 16 years old, or failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are under 16, or that they hold a mandate if they are acting on behalf of a legal entity.
ARTICLE 4. PERSONAL DATA
In accordance with the General Data Protection Regulation (GDPR) adopted by the European Parliament on 14 April 2016 and the national legislation in force, the Publisher provides you with the following information:
4.1. Identity of the data controller
The person responsible for the collection and processing of data on the Site is SAS ESPRIT MALIN - LUCKYTEAM, SAS, whose head office is located at 124 rue d'antibes, 06400 Cannes, FR B488247438.
4.2. Data collection by the Publisher4.2.1. Data collected 4.2.1.1 Data collected when browsing the Site
When browsing the Site, you consent to the Publisher collecting information relating to: the content you view and click on; demographic data; the device used and its software environment; your location; your connection data (times, IP address, etc.).
4.2.1.2. Data collected when using the contact form or contact email address
The use of the contact form or the contact email address by the User implies the collection by the Publisher of the following personal data: surname, first name, email address*, telephone number.
Personal data followed by an asterisk are mandatory for the use of the contact form. Users who do not wish to provide the information required for the use of the contact form will not be able to send a message to the Publisher directly from the Site.
4.2.1.3. Data collected when registering on the Site
The use of the registration form by the User requires the collection by the Publisher of the following personal data: surname*, first name*, postal address*, email address*, date of birth, telephone number.
Personal data followed by an asterisk are mandatory for registration on the Site. Users who do not wish to provide the information required to use the registration form will not be able to register directly from the Site.
4.2.1.4. Data collected when using the newsletter form
As part of the use of the newsletter form, the Publisher may be required to collect and process: your email address.
4.2.2. Purposes of collecting personal data
The data collected during navigation are subject to automated processing for the purpose of:
Verify the identity of individuals; Ensure and improve the security of services; Develop, operate, improve, provide and manage the Site; Contextualize and improve the User experience; Address information and contact individuals, including by email; Target advertising content; Avoid any illicit or illegal activity; Enforce the conditions relating to the use of the Site.
The data collected when using the contact form or the contact email address are subject to automated processing for the purpose of:
Verify the identity of individuals; Ensure and improve the security of services; Contextualize and improve the User experience; Address information and contact individuals, including by email; Target advertising content; Avoid any illicit or illegal activity.
The data collected during registration is subject to automated processing for the purpose of:
Execute its contractual commitments; Verify the identity of individuals; Ensure and improve the security of services; Develop, operate, improve, provide and manage the Site; Contextualize and improve the User experience; Address information and contact individuals, including by email; Avoid any illicit or illegal activity; Enforce the conditions relating to the use of the Site.
The data collected when using the newsletter form is subject to automated processing for the purpose of:
send newsletters to the User. 4.2.3. Legal bases for processing
The data collected during navigation have as legal basis the legitimate interest of the Publisher, namely to carry out an analysis of behavior on the Site and obtain improved security and operation of the Site. Some of this data, such as that resulting from the installation of certain cookies, may have as legal basis the consent of the individuals.
The data collected when using the contact form or using the contact email address has the legal basis of the consent of the persons concerned.
The data collected during registration has a contractual relationship as its legal basis.
The data collected when using the newsletter form has the legal basis of the consent of the persons concerned.
4.2.4. Data recipients
The data collected can only be viewed by members of the Publisher's management, by the staff responsible for preparing your order and by the staff responsible for managing the Site, and is never made freely viewable by a third-party natural person.
4.2.5. Duration of storage of personal data
Personal data collected during navigation is kept for a reasonable period necessary for the proper administration of the Site and for a maximum of 12 months, or until the withdrawal of consent by the persons concerned.
Personal data collected when using the contact form or when sending to the contact email address are kept for a reasonable period necessary for the proper management of the User's request, and for a maximum of 12 months.
The data collected during registration is kept for the duration of the contractual relationship between the Publisher and the User.
The data collected when using the newsletter form is retained until the withdrawal of consent by the persons concerned.
At the end of each of these periods, the Publisher will archive this data and keep it for the time during which its liability may be called into question.
After this retention period, the Publisher undertakes to permanently delete the data of the persons concerned.
4.2.6. Security and confidentiality of personal data
Personal data is stored in secure conditions, using current technical means, in compliance with the provisions of the General Data Protection Regulation and current national legislation.
4.2.7. Minimization of personal data
The Publisher may also collect and process any data transmitted voluntarily by a User, in particular via the free field of the contact form.
The Publisher guides Users as much as possible when they provide unnecessary or superfluous personal data.
The Publisher undertakes to retain and process only the data strictly necessary for its activities, and will delete any unnecessary data received as soon as possible.
4.3. Respect for rights
You have the following rights regarding your personal data, which you can exercise by writing to us at our postal address or by sending an email to the following address: info@luckyteam.fr.
4.3.1. Right to information, access and communication of data
You have the possibility to access personal data concerning you.
Due to the Publisher's obligation of security and confidentiality in the processing of personal data, your request will only be processed if you provide proof of your identity, in particular by producing a scan of your valid identity document (in the event of a request by email) or a signed photocopy of your valid identity document (in the event of a request sent in writing), both accompanied by the words "I certify on my honor that the copy of this identity document is a true copy of the original. Done at ... on ...", followed by your signature.
To help you in your process, you will find here a model letter developed by the CNIL.
4.3.2. Right to rectification, deletion and right to be forgotten of data
You have the possibility to request the rectification, updating, blocking or even deletion of your personal data which may prove to be inaccurate, erroneous, incomplete or obsolete.
You can also define general and specific guidelines regarding the fate of personal data after your death. Where applicable, the heirs of a deceased person may demand that the death of their loved one be taken into consideration and/or that the necessary updates be made.
To help you in your process, you will find here a model letter developed by the CNIL.
4.3.3. Right to object to data processing
You have the possibility to object to the processing of your personal data.
To do this, you will need to send an email to the following address: info@luckyteam.fr. In this email, you will need to specify the data you wish to have deleted as well as the reasons justifying this request, except in the case of commercial prospecting.
4.3.4. Right to data portability
You have the right to receive the personal data you have provided to us in a transferable, open and readable format.
4.3.5. Right to restriction of processing
You have the right to request that the processing of your personal data by the Publisher be limited. Thus, your data can only be kept and no longer used by the Publisher.
4.3.6. Withdrawal of consent
Your consent is essential for the processing of your data by the Publisher. However, you can withdraw it at any time. This withdrawal will lead to the deletion of your personal data.
However, services requiring the processing of your data by the Publisher will no longer be accessible.
4.3.7. Response times
The Publisher undertakes to respond to your request for access, rectification or opposition or any other additional request for information within a reasonable period of time which may not exceed 1 month from receipt of your request.
4.3.8. Complaint to the competent authority
If you consider that the Publisher does not respect its obligations with regard to your personal information, you can send a complaint or a request to the competent authority. In France, the competent authority is the CNIL to which you can send a request here .
4.4. Transfer of collected data 4.4.1. Transfer to partners
The Publisher informs you that we use authorized service providers to facilitate the collection and processing of the data that you have communicated to us. These service providers may be located outside the European Union and have communication of the data collected on the Site.
The Publisher has previously ensured that its service providers have implemented adequate guarantees and complied with strict conditions regarding confidentiality, use and protection of data, for example via the US PrivacyShield.
The User consents to the data collected being transmitted by the Publisher to its partners and being processed by these partners within the framework of third-party services, namely:
No known partner at the moment.
4.4.2. Transfer upon requisition or court decision
The User also consents to the Publisher communicating the data collected to any person, upon request of a state authority or upon court decision.
4.4.3. Transfer in the context of a merger or acquisition
If the Publisher is involved in a merger, sale of assets, financing transaction, liquidation or bankruptcy or in an acquisition of all or part of its business by another company, the User consents to the data collected being transmitted by the Publisher to this company and to this company carrying out the personal data processing referred to in this privacy policy instead of the Publisher.
ARTICLE 5. POLICY RELATING TO TRACKERS/COOKIES
When you first connect to the Publisher's Site, you are warned by a banner at the bottom of your screen that information relating to your browsing may be recorded in files called "cookies". Our cookie usage policy allows you to better understand the provisions that we implement regarding browsing on our Site. It informs you in particular about all the cookies present on our Site, their purpose, and gives you the procedure to follow to configure them.
5.1. Use of tracers/cookies
The Publisher of this Site may install a cookie and other tracer on the hard drive of your device (computer, tablet, mobile, etc.) in order to guarantee smooth and optimal navigation on our website.
“Cookies” are small text files of limited size that allow us to recognize your computer, tablet or mobile in order to personalize the services we offer you.
To better inform you about the information that cookies identify, you will find below a table listing the different types of cookies that may be used on the Publisher's site, their name, their purpose and their retention period.
5.2. Purposes of tracers
With the help of the information contained in the tracers and cookies used, the Publisher can analyze the traffic and use made of the Site and, where appropriate, facilitate and improve navigation, carry out prospecting operations, develop commercial statistics or display targeted advertising.
5.3. Tracers used
PartnerPurpose of processingPartner conditionsShopifyAccess to secure areas, management of browsing historyhttps://www.shopify.com/legal/cookies
5.4. Configuring your cookie preferences
When you first connect to the Publisher's Site, a banner briefly presenting information relating to the deposit of cookies and similar technologies appears at the bottom of your screen. This banner allows you to make a choice as to the cookies that you accept or refuse to deposit on your terminal. You will be deemed to have given your consent to the deposit of cookies by clicking on the "I accept" icon, either globally or individually. Conversely, you will be deemed to have refused the deposit of cookies by clicking on the "I refuse" icon; once again, this choice may apply to all cookies, or to some of them only. In the absence of a choice, you will be deemed to have refused the deposit of cookies. Your decision will be recorded for 6 months and may be subject to modification at any time.
5.4.1 Cookies exempt from consent
In accordance with the recommendations of the National Commission for Information Technology and Civil Liberties (CNIL), certain cookies are exempt from the prior collection of your consent to the extent that they are strictly necessary for the operation of the website or have the exclusive purpose of enabling or facilitating electronic communication. These include session identifier cookies, authentication cookies, load balancing session cookies and cookies for customizing your interface. These cookies are fully subject to this policy to the extent that they are issued and managed by the Publisher.
5.4.2 Cookies requiring your prior consent
This requirement applies to cookies issued by third parties and which are described as “persistent” in that they remain on your device until they are deleted or expire.
Since such cookies are issued by third parties, their use and storage are subject to their own privacy policies. This family of cookies includes audience measurement cookies, advertising cookies and social network sharing cookies (such as Facebook, Twitter, YouTube and Instagram).
Audience measurement cookies establish statistics concerning the attendance and use of various elements of the Site (such as the contents/pages you have visited). This data contributes to improving the ergonomics of the Publisher's Site.
5.5. Maximum retention period of tracers
The tracers are intended to be stored on the User's computer for a period of up to 12 months. This data is stored in secure conditions, using current technical means, in compliance with the provisions of the General Data Protection Regulation and current national legislation.
5.6. Opposition to the use of tracers5.6.1. Right to object to the use of tracers
You can accept or refuse the deposit of cookies at any time.
The User may delete or deactivate the use of tracers whenever he wishes by modifying the settings of his browser. It is possible to consult the Site without tracers. However, certain additional functions of the Site may not work if the User has deactivated the use of tracers, such as the auto-completion of forms or navigation indicators.
5.6.2. Settings
For more information on cookie management tools, you can consult the dedicated page on the CNIL website here .
5.6.2.1. Browser settings
Each Internet browser offers its own cookie management settings. The User can configure their browser software so that cookies are rejected, either systematically or according to their issuer. The User can also configure their browser software so that their acceptance or rejection of cookies is offered to them punctually, before a cookie is likely to be saved on their terminal.
For the management of cookies and the User's choices, the configuration of each browser is different. It is described in the browser's help menu, which will allow you to know how to modify your wishes regarding cookies:
For Internet Explorer ; For Safari ; For Chrome ; For Firefox ; For Opera . 5.6.2.2. Settings using add-ons
The User can also delete or oppose the installation of cookies on his computer by installing an extension on his browser, such as Ghostery, to download here .
ARTICLE 6. INTELLECTUAL PROPERTY 6.1. Legal protection of the Site Contents
The Contents of the Site are likely to be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or its beneficiaries or assigns constitutes a violation of Books I and III of the Intellectual Property Code and may give rise to legal proceedings for counterfeiting.
6.2. Contractual protection of the Site Contents
The User contractually undertakes with respect to the Publisher not to use, reproduce or represent, in any way whatsoever, the Contents of the Site, whether or not they are protected by an intellectual property right, for any purpose other than that of their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.
ARTICLE 7. FINAL STIPULATIONS7.1. Changes
This Privacy Policy may be modified at any time by the Publisher. The conditions applicable to the User are those in effect when they connect to the Site. Any substantial modification to this privacy policy will be notified when the User first connects following their entry into force. This new privacy policy must then be subject to new acceptance.
7.2. Entirety
The invalidity of one of the clauses of this contract shall not entail the invalidity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the cancelled stipulation with a valid stipulation corresponding to the spirit and purpose of these terms.
7.3. Non-waiver
The Publisher's failure to exercise the rights granted to it herein may not under any circumstances be interpreted as a waiver of the right to assert said rights.
7.4. Languages
These conditions are offered in French.
7.5. Abusive clauses
The provisions of these conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair clauses in contracts concluded between a professional and a consumer.
ARTICLE 8. DISPUTES8.1. Applicable law
This Privacy Policy is subject to the application of French law and European regulations, in particular the European Data Protection Regulation.
8.2. Disputes
Pursuant to Order No. 2015-1033 of August 20, 2015, any disputes that may arise in the context of the execution of these general conditions and for which a solution cannot be found amicably between the parties must be submitted.
Since January 1, 2016, mediation has been mandatory for everyone. Thus, any professional selling to individuals is required to provide the contact details of a competent Mediator in the event of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).
Luckyteam / 0493752067
REFUND
Refund policy for the luckyteam.fr website
applicable from 11/25/2021
ARTICLE 1. PARTIES
This refund policy is applicable between SAS ESPRIT MALIN - LUCKYTEAM, SAS, share capital: €20,000, registered with the RCS of Cannes in France on 01/27/2006, under number B488247438, head office: 124 rue d'antibes, 06400 Cannes, FR, telephone: +33493752067, email: info@luckyteam.fr, intra-community VAT number: FR34488247438, hereinafter "the Publisher" and any person, natural or legal, under private or public law, registered on the Site to purchase a Product, hereinafter "the Customer".
ARTICLE 2. DEFINITIONS
“ Client ”: any person, natural or legal, private or public law, registered on the Site.
“ Site Content” : elements of any nature published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
“ The Publisher ”: SAS ESPRIT MALIN - LUCKYTEAM, SAS taken in its capacity as publisher of the Site.
“ Internet user ”: any person, natural or legal, private or public, connecting to the Site.
“ Product ”: goods of any kind sold on the Site by the Publisher to Customers.
“ Site ”: website accessible at the URL luckyteam-bijoux-et-frafrances.myshopify.com, as well as the sub-sites, mirror sites, portals and URL variations relating thereto.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible and free of charge to any Internet user. Browsing the Site implies acceptance by any Internet user of these general conditions. Simply connecting to the Site, by any means whatsoever, in particular via a robot or a browser, will imply full and complete acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
The Internet user thereby acknowledges having fully understood them and accepts them without restriction.
Checking the above box will be deemed to have the same value as a handwritten signature from the Internet User. The Internet User acknowledges the evidentiary value of the Publisher's automatic recording systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.
These general conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these general conditions assumes that Internet users have the legal capacity necessary for this, or failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is the sale of Products to Customers.
ARTICLE 5. ORDER STEPS5.1. Order
In order to place an order, Internet users may select one or more Products and add them to their basket. When their order is complete, they may access their basket by clicking on the button provided for this purpose.
5.2. Validation of the order by the Internet user
By consulting their basket, Internet users will have the ability to check the number and nature of the Products they have chosen and will be able to check their unit price, as well as their overall price. They will have the option of removing one or more Products from their basket.
If their order suits them, Internet users will be able to validate it. They will then access a form on which they can either enter their login details if they already have them, or register on the Site by completing the registration form using their personal information.
5.3. Payment by the Customer
Once they are connected or after they have fully completed the registration form, Customers will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected for this purpose to the secure payment interface containing the words "order with payment obligation" or any similar formula.
5.4. Confirmation of the order by the Publisher
Once the payment has actually been received by the Publisher, the latter undertakes to acknowledge receipt to the Customer electronically, within a maximum period of 24 hours. Within the same period, the Publisher undertakes to send the Customer an email summarizing the order and confirming its processing, including all the information relating thereto.
ARTICLE 6. PRICE - PAYMENT6.1. Price
The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by the Publisher. The prices displayed are only valid on the day of the order and do not have effect for the future.
The prices indicated on the Site are understood to be in euros, all taxes included, excluding delivery costs.
6.2. Payment method
The Customer can pay by credit card, Paypal, Amazon Pay.
In the context of payments by bank card, the Publisher does not have access to any data relating to the Customer's means of payment. Payment is made directly to the banking establishment.
6.3. Billing
The Publisher will send or make available to the Customer an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.
6.4. Default of payment
Agreed payment dates cannot be delayed for any reason whatsoever, including in the event of a dispute.
Any amount not paid on the due date will give rise, automatically and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the due date of the amounts due in principal.
In addition, any late payment will result in the defaulting Customer being billed for recovery costs of 40 euros, all amounts remaining due becoming due immediately, regardless of the agreed deadlines, plus compensation of 20% of the amount as a penalty clause, as well as the possibility of terminating the contract unilaterally due to the Customer. This clause is part of the provisions of Article 1152 of the Civil Code, allowing the judge to reduce the compensation if the judge considers it to be excessive.
6.5. Retention of title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. COMPLAINTS - WITHDRAWAL - GUARANTEE7.1. Customer service
The Site's customer service is accessible from Monday to Saturday from 10:00 a.m. to 7:00 p.m. at the following non-premium rate telephone number: 0493752067, by email at: info@luckyteam.fr or by post to the address indicated in article 1 of these general conditions.
7.2. Right of withdrawal – Distance selling
This article 7.2 is applicable to the Customer having the status of consumer within the meaning of the introductory article of the Consumer Code.
7.2.1. Conditions for exercising the right of withdrawal
In accordance with the legislation in force regarding distance selling, the Customer has a period of fourteen clear days to exercise his right of withdrawal without having to provide reasons or pay penalties, with the exception, where applicable, of return costs.
The period referred to in the preceding paragraph shall run from either the day on which the distance contract is concluded for contracts relating to the provision of a service and/or the provision of digital content not provided on a physical medium, or from the receipt of the goods by the Customer or a third party, other than the carrier, designated by the Customer, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.
In the case of an order for several goods delivered separately or in the case of an order for a good composed of lots or multiple parts whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or the last part. For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good.
When the period of fourteen days expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
The decision to withdraw must be notified to the Publisher at the contact details indicated in Article 1 of these general terms and conditions by means of an unambiguous statement. The Customer may, for example, use the standard form provided at the end of these general terms and conditions. In any event, the Publisher will send the Customer an acknowledgement of receipt of said withdrawal by email as soon as possible.
7.2.2. Effects of the right of withdrawal
The Customer returns or restores the products to the professional or to any person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw.
When the right of withdrawal is exercised, the professional is required to reimburse the Customer for the full amount paid, as soon as possible and at the latest within fourteen days following the date on which this right was exercised. Where applicable, the professional may defer reimbursement until recovery of the Products or until the Customer has provided proof of shipment of the Products, whichever is the earlier. Beyond this, the amount due is, by operation of law, productive of interest at the legal rate in force, as specified in Article L. 242-4 of the Consumer Code.
Where applicable, the professional will make the reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another means of payment and to the extent that the reimbursement does not incur any costs for the Customer. However, the professional is not required to reimburse the additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered.
The direct costs of returning the Product shall be borne by the Customer.
The Customer is only liable for any depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.
The conditions, deadlines and methods for exercising the right of withdrawal are set out in the standard form provided at the end of these general conditions.
7.2.3. Exclusions from the right of withdrawal
The right of withdrawal does not apply, in particular, to contracts:
for the supply of services fully performed before the end of the withdrawal period and the performance of which has begun after the express prior agreement of the Customer and express waiver of his right of withdrawal; for the supply of goods made to the Customer's specifications or clearly personalized; for the supply of goods likely to deteriorate or expire rapidly; for the supply of goods that have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection; for the supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items; for the supply of alcoholic beverages the delivery of which is deferred beyond thirty days and the value of which agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional; for maintenance or repair work to be carried out urgently at the Customer's home and expressly requested by him, within the limit of the spare parts and work strictly necessary to respond to the emergency; for the supply of audio or video recordings or computer software when unsealed by the Customer after delivery; the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications; entered into at a public auction; the provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period; the supply of digital content not provided on a physical medium, the performance of which has begun after the Customer's express prior agreement and express waiver of his right of withdrawal.
Similarly, the right of withdrawal is not applicable to contracts executed in full by both parties at the express request of the Customer before the latter exercises his right of withdrawal.
7.3. Termination of the contract at the initiative of the Client
The Consumer Customer may terminate the contract by registered letter with acknowledgement of receipt if the delivery date of the goods is exceeded by more than seven days. The Customer will then be reimbursed for the sums paid by him when ordering.
This clause is not intended to apply if the delay in delivery is due to a case of force majeure. In such a case, the Customer undertakes not to take legal action against the Publisher and waives the right to invoke the termination of the sale provided for in this article.
7.4. Guarantees7.4.1. Guarantee of apparent defects and faults
It is the Customer's responsibility to check the good condition of the Products at the time of delivery. This check must particularly concern the quality, quantities and references of the Products as well as their conformity with the order. No complaints will be taken into account after a period of three days from delivery. In any event, any complaints concerning the delivered packages will only be taken into account if the Customer, who is a trader, has made reservations to the carrier in accordance with Articles L. 133-3 et seq. of the French Commercial Code.
7.4.2. Warranty against hidden defects and faults 7.4.2.1. Legal guarantees
Customers have a legal guarantee of compliant delivery (article 1604 of the Civil Code), a legal guarantee against hidden defects (articles 1641 et seq. of the Civil Code) and a security guarantee (articles 1245 et seq. of the Civil Code).
Customers with consumer status also have a legal guarantee of conformity (articles L. 217-4 et seq. of the Consumer Code).
7.4.2.2. Conventional guarantee
In addition to the legal guarantee, the Products benefit from a conventional guarantee of conformity on French territory, for a period of 1 year from delivery of the Product.
7.4.2.3. Return
In order to implement the guarantee, it is the Customer's responsibility to return the product to the Publisher's head office address, accompanied by an explanatory letter requesting either repair, exchange or reimbursement.
In any event, the Customer is requested to follow the Publisher's instructions precisely regarding the return of the Products.
The costs of returning the Product remain the responsibility of the Customer, except for consumer Customers implementing the guarantee of conformity of articles L. 217-4 et seq. of the Consumer Code.
The Consumer Customer has a period of 2 years from the delivery of the goods to take action against the seller. As such, he can choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code. Finally, the Customer is exempt from providing proof of the existence of the lack of conformity of the Product during the 24 months following the delivery of said Product, except for second-hand goods.
Where applicable, the legal guarantee of conformity applies independently of the commercial guarantee.
When the Consumer Customer decides to implement the hidden defects guarantee, he can choose between the resolution of the sale or a reduction in the sale price.
ARTICLE 8. FINAL PROVISIONS8.1. Applicable law
These general conditions are subject to the application of French law.
8.2. Modifications to these general conditions
These general terms and conditions may be modified at any time by the Publisher. The general terms and conditions applicable to the Customer are those in force on the day of his order or connection to this Site, any new connection to the personal space implying acceptance, where applicable, of the new general terms and conditions.
8.3. Disputes
Pursuant to Order No. 2015-1033 of August 20, 2015, any disputes with a Consumer Client that may arise in the context of the execution of these general conditions and for which a solution cannot be found amicably between the parties beforehand must be submitted.
In addition, the Consumer Client is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show .
Since January 1, 2016, mediation has been mandatory for everyone. Thus, any professional selling to individuals is required to provide the contact details of a competent Mediator in the event of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).
Luckyteam / 0493752067
8.4. Entirety
The invalidity of one of the clauses of this contract shall not entail the invalidity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the cancelled stipulation with a valid stipulation corresponding to the spirit and purpose of these terms.
8.5. Non-waiver
The Publisher's failure to exercise the rights granted to it herein may not under any circumstances be interpreted as a waiver of the right to assert said rights.
8.6. Telephone canvassing
The Customer is informed that he has the possibility of registering on the telephone canvassing opposition list at the address http://www.bloctel.gouv.fr/ .
8.7. Languages of these general conditions
These general conditions are offered in French.
8.8. Abusive clauses
The provisions of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair clauses in contracts concluded between a professional and a consumer.
SHIPPING
Shipping Policy of luckyteam.fr
applicable from 11/25/2021
ARTICLE 1. PURPOSE
The purpose of this shipping policy is to define the terms and conditions applicable to the shipment of a Product to the Customer by the Publisher.
ARTICLE 2. PARTIES
This shipping policy is applicable between SAS ESPRIT MALIN - LUCKYTEAM, SAS, share capital: €20,000, registered with the RCS of Cannes in France on 01/27/2006, under number B488247438, head office: 124 rue d'antibes, 06400 Cannes, FR, telephone: +33493752067, email: info@luckyteam.fr, intra-community VAT number: FR34488247438, hereinafter "the Publisher" and any person, natural or legal, under private or public law, registered on the Site to purchase a Product, hereinafter "the Customer".
ARTICLE 3. DEFINITIONS
“ Client ”: any person, natural or legal, private or public law, registered on the Site.
“ Site Content” : elements of any nature published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
“ The Publisher ”: SAS ESPRIT MALIN - LUCKYTEAM, SAS taken in its capacity as publisher of the Site.
“ Internet user ”: any person, natural or legal, private or public, connecting to the Site.
“ Product ”: goods of any kind sold on the Site by the Publisher to Customers.
“ Site ”: website accessible at the URL luckyteam.fr, as well as the sub-sites, mirror sites, portals and URL variations relating thereto.
ARTICLE 4. SCOPE OF APPLICATION
The Site is freely accessible and free of charge to any Internet user. Browsing the Site implies acceptance by any Internet user of this shipping policy. Simply connecting to the Site, by any means whatsoever, in particular via a robot or a browser, will imply full and complete acceptance of this shipping policy. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
The Internet user thereby acknowledges having fully understood them and accepts them without restriction.
Checking the above box will be deemed to have the same value as a handwritten signature from the Internet User. The Internet User acknowledges the evidentiary value of the Publisher's automatic recording systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.
This shipping policy applies to relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of this shipping policy assumes that Internet users have the legal capacity necessary to do so, or failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.
ARTICLE 5. DELIVERY 5.1. Delivery costs
The delivery or provision costs will, in any event, be indicated to the Customer before any payment.
In the event of delivery of the Product to the Customer in store or at a partner location of the Publisher, the related costs are specified to the Customer at the time of ordering.
The delivery costs indicated on the Site are understood to be in euros, all taxes included.
5.2. Delivery time
Orders are delivered by La Poste, DHL, UPS within 3 working days from the full receipt of the price by the Publisher.
Certain products or certain order volumes may nevertheless justify a delivery time of more than 3 working days. This will be expressly mentioned to the Customer when confirming the order.
5.3. Damaged package
In the event of delivery of a package that is clearly and visibly damaged, it is the Customer's responsibility to refuse it in order to benefit from the guarantee offered by the carrier. The Customer must also inform the seller without delay, so that a new package can be prepared for him, then shipped upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these general conditions will no longer be applicable.
5.4. Retention of title – transfer of risks
Ownership of the Products delivered is reserved to the Publisher until delivery of the Products to the Customer, notwithstanding any clause to the contrary, unless the parties have punctually and expressly agreed in writing to waive this clause.
The Customer bears the risks relating to the Products from the time of the order. For the entire duration of the retention of title, the Customer must insure at its own expense the Products belonging to the Publisher against any damage that may occur and provide proof of this to the Publisher upon first request.
ARTICLE 6. FINAL PROVISIONS6.1. Applicable law
This shipping policy is subject to the application of French law.
6.2. Changes to this Shipping Policy
This shipping policy may be modified at any time by the Publisher. The shipping policy applicable to the Customer is that in effect on the day of his order or connection to this Site, any new connection to the personal space implying acceptance, where applicable, of the new shipping policy.
6.3. Disputes
Pursuant to Order No. 2015-1033 of August 20, 2015, any disputes with a Consumer Client that may arise in the context of the execution of these general conditions and for which a solution cannot be found amicably between the parties beforehand must be submitted.
In addition, the Consumer Client is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Since January 1, 2016, mediation has been mandatory for everyone. Thus, any professional selling to individuals is required to provide the contact details of a competent Mediator in the event of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).
Luckyteam / 0493752067
6.4. Entirety
The invalidity of one of the clauses of this contract shall not entail the invalidity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the cancelled stipulation with a valid stipulation corresponding to the spirit and purpose of these terms.
6.5. Non-waiver
The Publisher's failure to exercise the rights granted to it herein may not under any circumstances be interpreted as a waiver of the right to assert said rights.
6.6. Telephone canvassing
The Customer is informed that he has the possibility of registering on the telephone canvassing opposition list at the address http://www.bloctel.gouv.fr/ .
6.7. Languages of this Shipping Policy
This shipping policy is offered in French.
6.8. Abusive clauses
The provisions of this shipping policy apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.
ARTICLE 7. SHIPPING & RETURNSArticle 7.1. Store-specific shipping conditions
Free delivery from 55€. Orders placed before 12pm are shipped the same day. After this time, orders are shipped the next business day.
TERMS OF USE
General conditions of use of the website luckyteam.fr
applicable from 11/25/2021
ARTICLE 1. PARTIES
These general conditions are applicable between SAS ESPRIT MALIN - LUCKYTEAM, SAS, share capital: €20,000, registered with the RCS of Cannes in France on 01/27/2006, under number B488247438, head office: 124 rue d'antibes, 06400 Cannes, FR, telephone: +33493752067, email: info@luckyteam.fr, intra-community VAT number: FR34488247438, hereinafter "the Publisher" and any person, natural or legal, under private or public law, registered on the Site to purchase a Product, hereinafter "the Customer".
ARTICLE 2. DEFINITIONS
“ Client ”: any person, natural or legal, private or public law, registered on the Site.
“ Site Content” : elements of any nature published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
“ The Publisher ”: SAS ESPRIT MALIN - LUCKYTEAM, SAS taken in its capacity as publisher of the Site.
“ Internet user ”: any person, natural or legal, private or public, connecting to the Site.
“ Product ”: goods of any kind sold on the Site by the Publisher to Customers.
“ Site ”: website accessible at the URL luckyteam.fr, as well as the sub-sites, mirror sites, portals and URL variations relating thereto.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible and free of charge to any Internet user. Browsing the Site implies acceptance by any Internet user of these general conditions. Simply connecting to the Site, by any means whatsoever, in particular via a robot or a browser, will imply full and complete acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
The Internet user thereby acknowledges having fully understood them and accepts them without restriction.
Checking the above box will be deemed to have the same value as a handwritten signature from the Internet User. The Internet User acknowledges the evidentiary value of the Publisher's automatic recording systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.
These general conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these general conditions assumes that Internet users have the legal capacity necessary for this, or failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is the sale of Products to Customers.
ARTICLE 5. CUSTOMER SERVICE
The Site's customer service is available from Monday to Saturday from 10:00 to 19:00 at the following non-premium rate telephone number: 0493752067, by email at: info@luckyteam.fr or by post to the address indicated in article 1 of these general conditions. In these last two cases, the Publisher undertakes to provide a response within 1 working day.
ARTICLE 6. PERSONAL SPACE6.1. Creation of personal space
The creation of a personal space is an essential prerequisite for any order by an Internet user on the Site. To this end, the Internet user will be asked to provide a certain amount of personal information. Some of this information is deemed essential for the creation of the personal space. The refusal by an Internet user to provide said information will have the effect of preventing the creation of the personal space as well as, incidentally, the validation of the order.
When creating the personal space, the Internet user is asked to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in the personal space. The Internet user therefore agrees not to transmit it or communicate it to a third party. Failing this, the Publisher cannot be held responsible for unauthorized access to the personal space of an Internet user.
The Customer undertakes to regularly check the data concerning him/her and to make any necessary updates and modifications online, from his/her personal space.
6.2. Content of the personal space
The personal space allows the Customer to consult and track all of their orders placed on the Site.
The pages relating to personal spaces are freely printable by the holder of the account in question, but do not constitute evidence admissible by a court. They are only informative in nature and are intended to ensure efficient management of orders by the Customer.
The Publisher undertakes to securely store all contractual elements whose retention is required by law or regulations in force.
6.3. Deletion of personal space
The Publisher reserves the right to delete the account of any Customer who violates these general terms and conditions, in particular when the Customer provides inaccurate, incomplete, false or fraudulent information, as well as when a Customer's personal space has remained inactive for at least one year. Said deletion will not be likely to constitute a fault of the Publisher or damage for the excluded Customer, who will not be able to claim any compensation for this reason.
This exclusion is without prejudice to the possibility for the Publisher to take legal action against the Client, when the facts justify it.
ARTICLE 7. PERSONAL DATA
As part of its service, the Publisher will be required to process personal data of its Customers.
7.1. Identity of the data controller
The person responsible for the collection and processing of data on the Site is the Publisher.
7.2 Data collected
7.2.1. Data collected from customers
As part of its contractual relations, the Publisher may be required to collect and process information from its Customers, namely: Email, First and last name, Telephone, Address, state, province, postal code, city.
7.2.2. Purposes of collecting personal data
The data collected during the contractual relationship are subject to automated processing for the purpose of:
perform contractual commitments; contact Customers; prevent any illicit or illegal activity; enforce the general conditions; initiate legal proceedings; verify the identity of Customers;
7.2.3 Legal bases for processing
The data collected has a contractual relationship as its legal basis.
7.2.4. Data recipients
The data collected can only be viewed by the Publisher within the limits strictly necessary for the execution of contractual commitments.
This data, whether in individual or aggregated form, is never made freely viewable by a third party natural person.
7.2.5 Duration of storage of personal data
The personal data collected is kept for the duration of the contractual relationship, and for the time during which the Publisher's liability may be incurred.
After the retention period, the Publisher undertakes to permanently delete the data of the persons concerned without keeping a copy.
7.2.6 Security and confidentiality of personal data
Personal data is stored in secure conditions, using current technical means, in compliance with the provisions of the General Data Protection Regulation and current national legislation.
Access to the Publisher's premises is also secure.
7.2.7. Data minimization
The Publisher may also collect and process any data voluntarily transmitted by its Customers.
The Publisher directs its Customers to provide personal data strictly necessary for the execution of contractual commitments.
The Publisher undertakes to retain and process only data strictly necessary for its professional activities, and will delete any data received that is not useful for its activities as soon as possible.
7.3. Respect for rights
The Publisher's Customers have the following rights regarding their personal data, which they can exercise by writing to the Publisher's postal address or by completing the online contact form.
7.3.1. Right to information, access and communication of data
The Publisher's Customers have the possibility of accessing personal data concerning them.
Due to the obligation of security and confidentiality in the processing of personal data incumbent on the Publisher, requests will only be processed if Customers provide proof of their identity, in particular by producing a scan of their valid identity document (in the event of a request via the dedicated electronic form) or a signed photocopy of their valid identity document (in the event of a request sent in writing), both accompanied by the words "I certify on my honor that the copy of this identity document is a true copy of the original. Done at ... on ...", followed by their signature.
To help them in their process, Customers will find here a model letter developed by the CNIL.
7.3.2. Right to rectification, deletion and right to be forgotten of data
The Publisher's Customers have the possibility of requesting the rectification, updating, blocking or even deletion of their personal data which may prove to be inaccurate, erroneous, incomplete or obsolete.
The Publisher's Customers may also define general and specific guidelines regarding the fate of personal data after their death. Where applicable, the heirs of a deceased person may demand that the death of their loved one be taken into consideration and/or that the necessary updates be made.
To help them in their process, Customers will find here a model letter developed by the CNIL.
7.3.3. Right to object to data processing
The Publisher's Customers have the possibility of objecting to the processing of their personal data.
To help them in their process, Customers will find here a model letter developed by the CNIL.
7.3.4. Right to data portability
The Publisher's Customers have the right to receive the personal data they have provided to the Publisher in a transferable, open and readable format.
7.3.5. Right to restriction of processing
The Publisher's Customers have the right to request that the processing of their personal data by the Publisher be limited. Thus, their data can only be retained and no longer used by the Publisher.
7.3.6. Response times
The Publisher undertakes to respond to any request for access, rectification or opposition or any other additional request for information within a reasonable period of time which may not exceed 1 month from receipt of the request.
7.3.7. Complaint to the competent authority
If the Publisher's Customers consider that the Publisher does not respect its obligations with regard to their personal data, they can send a complaint or a request to the competent authority. In France, the competent authority is the CNIL to which they can send a request here .
7.4. Transfer of collected data
7.4.1. Transfer to partners
The Publisher uses authorized service providers to facilitate the collection and processing of its Customers' data. These service providers may be located outside the European Union.
The Publisher has previously ensured that its service providers have implemented adequate guarantees and complied with strict conditions regarding confidentiality, use and protection of data, for example via the US Privacy Shield.
The Publisher uses the following subcontractors:
PartnerQualityRecipient countryProcessing carried outGuarantees
7.4.2. Transfer upon requisition or court decision
Customers also consent to the Publisher communicating the data collected to any person, upon request of a state authority or upon court decision.
7.4.3. Transfer in the context of a merger or acquisition
If the Publisher is involved in a merger, sale of assets, financing transaction, liquidation or bankruptcy or in an acquisition of all or part of its business by another company, Customers consent to the data collected being transmitted by the Publisher to this company and to this company carrying out the personal data processing referred to in these General Terms of Service in place of the Publisher.
ARTICLE 8. INTELLECTUAL PROPERTY 8.1. Legal protection of the Site Contents
The Contents of the Site may be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or its beneficiaries or assigns constitutes a violation of Books I and III of the Intellectual Property Code and may give rise to legal proceedings for counterfeiting.
8.2. Contractual protection of the Site Contents
The Internet User contractually undertakes with respect to the Publisher not to use, reproduce or represent, in any way whatsoever, the Contents of the Site, whether or not they are protected by an intellectual property right, for any purpose other than that of their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.
8.3. Protection of general conditions
The general conditions of the Site, drawn up by the firm Deshoulières Avocats Associés ( www.deshoulieres-avocats.com ), are protected by commercial law. Any reproduction, in whole or in part, carried out without the consent of Deshoulières Avocats Associés may give rise to legal proceedings for parasitism.
ARTICLE 9. FINAL PROVISIONS9.1. Applicable law
These general conditions are subject to the application of French law.
9.2. Modifications to these general conditions
These general terms and conditions may be modified at any time by the Publisher. The general terms and conditions applicable to the Customer are those in force on the day of his order or connection to this Site, any new connection to the personal space implying acceptance, where applicable, of the new general terms and conditions.
9.3. Disputes
Pursuant to Order No. 2015-1033 of August 20, 2015, any disputes that may arise in the context of the execution of these general conditions and for which a solution cannot be found amicably between the parties must be submitted.
In addition, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
9.4. Entirety
The invalidity of one of the clauses of this contract shall not entail the invalidity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the cancelled stipulation with a valid stipulation corresponding to the spirit and purpose of these terms.
9.5. Non-waiver
The Publisher's failure to exercise the rights granted to it herein may not under any circumstances be interpreted as a waiver of the right to assert said rights.
9.6. Telephone canvassing
The Customer is informed that he has the possibility of registering on the list of opposition to telephone canvassing at the address http://www.bloctel.gouv.fr/ .
9.7. Languages of these general conditions
These general conditions are offered in French.
9.8. Abusive clauses
The provisions of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair clauses in contracts concluded between a professional and a consumer.