TERMS OF SERVICE / TERMS OF SALE

 

 

LUX SYMBOLICA SASU

Société par actions simplifiée à associé unique 1 000,00 Euros

Siège : 33 bis rue Jean Pierre Timbaud #51, 92130 Issy-les- MLX  FRANCE

849 943 766 R.C.S. Nanterre

Siret : 849 943 766 00014

N° Intracommunautaire : FR 70 849943766

Beth THOMPSON - Présidente

France  +33 (0)6 20 27 03 83

Terms and conditions

 

These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the luxsymbolica.com website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and Lux Symbolica ("Lux Symbolica", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and Lux Symbolica, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Terms of Sale and Shipping Policy

 

The following are the terms of sale that each customer must read before purchasing from LS SASU. The purchase of a product is an agreement to these terms of sale which are the following:

 

  1. All sales are final. As a result we are engaged in giving you the maximum amount of information and photos requested or a private showing if possible, so that you understand completely what you will be buying. Please understand that NO returns or refunds will be given, no exceptions except when required by law in the country of the buyer. In this case only, returns must be made only in the country of purchase (France) within 7 days for a credit or exchange. Returned products must be in their original unopened packaging and original condition when sent to the buyer.  Your purchase is an agreement to this policy.  Custom made items are non refundable, no exceptions.
     

  2. Payment must be made in full including shipping costs if any, before any item will be shipped or handed over. Shipping costs and import tax costs are the sole and unique responsibility of the customer. No credit or partial payments. A late fee of 10% of the total before tax will be applied for late payments, implemented biweekly, as well as a 40€ recovery fee per Invoice.
     

  3. Our website uses the Third Party Payment method STRIPE.  You may also pay by bank transfer, credit card or cash. All methods of payment outside of cash must be verified, meaning your payment is received in our account before merchandise will be delivered. If you would like to pay with PayPal, a PayPal fee will be charged. Currently, all payments by any method must be done in EUROS. This means that in PayPal/STRIPE you must convert your currency to Euros before payment, and your bank must convert to Euros before transferring funds. Invoices will be in Euros as is all pricing. If you are in the EU and have a # Intracommunautaire you will not be charged the French TVA which is currently 20%. Customers outside of the EU are not currently charged the French TVA.
     

  4. LS SASU is not responsible for postal delays or merchandise lost by the postal services chosen. We always prefer to use DHL for a more reliable shipping method. Once your payment is received and processed, a DHL pickup will be scheduled and you will receive a tracking number by email.  No refunds for lost or delayed merchandise will be given, no exceptions.
     

  5. Once your purchase has been mailed, your purchase cannot be cancelled, no refunds.
     

  6. LS SASU is committed to being transparent concerning the quality and origin of our hair.  If it has had a balayage or highlights or we suspect that it has had a treatment of any kind we will tell you. Our Eastern and Western European hair sources, and Indian hair sources guarantee that the raw hair we buy is cleaned, as in shampooed, by the individual donor or by the source. The hair is not processed in factories or cleaned with acid or processed industrially in any way. We do our best to give you the most accurate information that we can but LS SASU is not responsible for misinformation given by our sources and can not be held liable for this misinformation. The hair is sold AS IS.
     

  7. Mentions Légales Françaises - Juridiction Légale - Tribunal de Commerce Nanterre Escompte pour paiement anticipé : néant. Taux des pénalités de retard - 10% Exigibles en cas de non-paiement à la date de règlement Mention de l'indemnité forfaitaire de 40 € pour les frais de recouvrement, en cas de retard de paiement.

 

Accounts and membership

You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

 

Billing and payments

 

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

 

Accuracy of information

 

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

 

Third party services

 

If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Lux Symbolica with respect to such other services. Lux Symbolica is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Lux Symbolica to disclose your data as necessary to facilitate the use or enablement of such other service.

 

Links to other resources

 

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, Lux Symbolica will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

 

Prohibited uses

 

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Intellectual property rights

 

"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Lux Symbolica or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Lux Symbolica. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Lux Symbolica or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Lux Symbolica or third party trademarks.

 

Disclaimer of warranty

 

You agree that such Service is provided on an "as is" and "as available" basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

 

Limitation of liability

 

To the fullest extent permitted by applicable law, in no event will Lux Symbolica, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Lux Symbolica and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Lux Symbolica for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

 

Indemnification

 

You agree to indemnify and hold Lux Symbolica and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

 

Severability

 

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

 

Dispute resolution

 

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of France without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of France. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the court of

Commerce de NANTERRE located in France, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

 

Changes and amendments

 

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will post a notification on the main page of the Website. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

 

Acceptance of these terms

 

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

 

Contacting us

 

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to info@luxsymbolica.com

 

This document was last updated on January 11, 2021