Article 1 - Scope of application
The present general terms and conditions of sale apply, without restriction or reserve, to all sales concluded by LYTESS (hereafter "the Seller") with non-professional customers (hereafter "the Customer"), wishing to acquire the products offered for sale on its website www.lytess.com.
These general terms and conditions of sale apply to the exclusion of all other conditions and in particular those applicable to sales in pharmacies, parapharmacies or through other distribution and marketing channels.
These general terms and conditions of sale are accessible at any time on this website and will be sent to the Buyer at the time of the order via a durable medium. They will prevail over any other version or any other contradictory document.
The Seller's contact details are as follows:
Public limited company with a capital of € 1,693,873.00
23 rue des Hautes Roches
RCS TOURS : 445 284 938
Telephone : 02.47.73.80.16
Article 2 - Orders
The Customer has the possibility to order on the website www.lytess.com.
The Customer guarantees that he is fully entitled to use the bank card and that this bank card gives access to sufficient funds to cover all costs resulting from the order placed on the www.lytess.com website.
By ticking the box "I have read and accept the General Terms and Conditions of Sale" during the order process, the Customer declares that he fully and unreservedly accepts all the present General Terms and Conditions of Sale.
The data recorded by LYTESS or its service provider constitute proof of all transactions between LYTESS and the Customer. LYTESS will systematically confirm the order and its dispatch by email.
In order to allow the Customer to know the Products he wishes to purchase before ordering them, the seller presents the characteristics of the Products offered for sale.
The photographs and graphics of the Products offered for sale are only indicative and do not bind LYTESS. In case of questions about the Products, the Customer may contact Customer Service by clicking on the "Contact" link, indicating the subject of your request.
The choice and purchase of a Product are placed under the sole responsibility of the Customer.
The Customer will be able to follow the progress of his order on the www.lytess.comwebsite. by clicking on the "Order tracking" link or contact customer service at 02.47.73.80.16 (cost of a local call).
LYTESS reserves the right to cancel any order from a Customer with whom there is a dispute relating to the payment of a previous order, or if LYTESS reasonably believes that the Customer has breached these Terms and Conditions of Sale or has engaged in fraudulent activity, or for any other legitimate reason.
Article 3 Rates and terms of payment
Prices are indicated in euros on the website www.lytess.com. VAT included. These are the prices applicable on the day of the order and do not include delivery costs.
When there are promotions or sales, the reductions are indicated as well as the applicable price including VAT but excluding delivery costs.
The Products are supplied at the prices in force on the day of confirmation of acceptance of the order by the website www.lytess.com.
The price indicated in the confirmation of the order by the website www.lytess.com. is the final price.
When placing an order, the Customer is invited to ensure that the price of the Products to which they refer corresponds to the price appearing on the updated page of the website www.lytess.com. and not on an outdated page that they would have accessed through a "cache" internet search. The data communicated by the Customer and recorded by the website www.lytess.com. at the time of the order shall constitute proof of the transactions between the Seller and the Customer.
The website www.lytess.com accepts only payments and deliveries made in metropolitan France, French overseas departments and territories, Belgium, Luxembourg, Switzerland, Spain and England.
Accepted credit cards are : CB, Visa, Master Card. The Customer's bank account will be debited immediately on the date of the order and the order will be considered effective after confirmation of the agreement of the bank payment centres. In case of refusal by the bank, the order will be automatically cancelled and the member will be notified by sending an email.
Ownership of the Products is transferred to the Customer only after full payment of the price by the latter.
Online payment is secure. LYTESS has adopted the SSL encryption process, and has also reinforced all scrambling and encryption processes to protect all sensitive data related to the means of payment as effectively as possible.
When making a purchase, payment is made using the secure system "Be2bill" or "Paypal". The Customer's bank details are encrypted and thus totally protected against any form of hacking.
The Customer's card number is at no time visible and/or kept by the www.lytess.comwebsite. if the Buyer chooses, when placing an order or directly from his/her account, to save a payment card for future purchases. The banking data thus remain perfectly confidential, and the Buyer can make his purchases with complete peace of mind.
When the Buyer pays, the or symbol indicates that you are in a secure connection. The URL of the payment page must start with https://.
In accordance with the law "Informatique et libertés" of January 6, 1978, the Buyer has the right to access, rectify and oppose information concerning the Customer.
The invoice is issued to the billing address provided by the Buyer.
The original invoice for the order is enclosed in the package and available on the customer account.
3.4 Loyalty program
A loyalty program is set up. It allows you to accumulate points that can be converted into discounts exclusively on the Lytess website.
Loyalty points are accumulated at the rate of 1 point per 10 € of purchases excluding transport costs.
The points are actually validated as soon as the order is shipped.
Each point entitles you to a discount of €0.50 on the next order placed with the account to which the points were credited.
For example, an order amounting to 84,90 € will entitle you to 8 loyalty points or 4 € discount.
These points are valid for 1 year and are neither transferable to a third party nor exchangeable for cash.
The benefit of the discount must be expressly stated in the space provided for this purpose when placing the subsequent order. The amount of the reduction cannot be greater than the amount of the order excluding transport.
Each point that has given right to a reduction will not give right to any other subsequent reduction.
Article 4. Availability
LYTESS will do its utmost to process all orders within the limits of available stocks.
In case of unavailability of Product after the order is placed and before the end of the shipments of the sale concerned, LYTESS undertakes to inform the Customer as soon as possible.
The latter will then have the choice to request either a refund of the sums paid within 30 days at the latest of their payment, or an exchange of the Product.
In case of temporary stock shortage, LYTESS gives the Customer the possibility to cancel its order or to accept to receive it within a longer period of time, upon receipt of the out-of-stock items.
Article 5. Delivery :
Delivery costs are indicated on the website. www.lytess.com and are expressed in euros including all charges. The costs shall be borne by the Client and shall be invoiced in addition to the selling price of the Products. The Customer will be informed before the final registration of his order of the delivery costs related to his order.
The delivery in relay parcel, relay post, at home will be offered for any order delivered in metropolitan France from 30 €.
For orders to a country other than metropolitan France, customs duties or other local taxes or import duties or state taxes may be payable. The Company is not liable for these duties and amounts, they will therefore be at your expense and will be your responsibility both in terms of declarations and payment to the competent authorities and bodies in your country. We advise you to check these aspects with your local authorities.
5.2 Means and destination
The delivery is made by Colissimo or in relay parcel according to the option chosen and/or the destination. All deliveries are announced by email with the parcel tracking number.
Deliveries are made to the address indicated by the Customer at the time of the order, which can only be within the agreed geographical area.
5.3 Time limits
The Products acquired by the Customer will be delivered within a period of time indicated when the order is placed on the www.lytess.comwebsite. which shall in no case exceed 30 days.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in a single delivery by the postal circuit or by an independent carrier, depending on the nature of the Product ordered and at the exclusive initiative of LYTESS, to the address appearing on the order form.
In the case of items that can be delivered on different dates due to their availability, the delivery time is based on the longest lead time. The contribution to the processing and shipping costs will only be charged for one shipment. The announced delivery times are indicated at the departure of the LYTESS warehouses.
In the event that the time limit indicated on the order summary is exceeded, not justified by a case of force majeure, the Customer may, after having previously given formal notice to the Seller to deliver within a new reasonable period, request the cancellation of the sale under the conditions provided for in Article L138-1 of the French Consumer Code and obtain reimbursement of the sums paid on the occasion of the sale.
To do so, the Buyer contacts customer service via the "contact" link.
Article 6. Withdrawal period
LYTESS Products are hygiene products and are likely to deteriorate rapidly (Article L.121-21-8 4° and 5° of the Consumer Code). As such, they are not subject to the withdrawal period.
Nevertheless, on a commercial basis, if the consumer changes his mind and requests a refund of the Products ordered as soon as the request has been made within 14 days from receipt and/or placing of the order, that they have not been, opened, worn, soiled and returned complete in their original packaging.
LYTESS undertakes to reimburse the product(s) concerned only if these conditions are met.
The return procedure is as described in Article 8.
Article 7. Non-conforming and defective products
LYTESS accepts product returns due to product non-conformity (error committed during the preparation of the order by Lytess) or in case of defective products (snags, holes, stains...) within 14 days from receipt and undertakes to replace the product(s).
A return of non-conforming products and/or defective products will result in the replacement of the product.
The return procedure is as described in Article 8.
Article 8: Returns management procedure
The procedure is the same regardless of the reason for return: change of opinion, non-conformity of the product or defective product.
In accordance with article L.121-21 of the French Consumer Code, the Buyer must go to the website www.lytess.com and make his/her claim within 14 clear days from receipt of the product by clicking on the "Return" link.
The Buyer fills in the customer information form, the information relating to the order and indicates the reason for the return.
LYTESS sends an acknowledgement of receipt by email of its claim.
The Buyer prints the return form, the complaint email and returns the product(s) in an adapted packaging within 7 clear days from the request.
Upon receipt, LYTESS will check the conformity of the returned products according to their reason for return. If the returned product does not meet the conditions of acceptance, it will be refused and will be sent back at the expense of the Purchaser.
Provided that the returned product(s) comply with the conditions of articles 7 and 8 of the general terms and conditions of sale, LYTESS will replace or refund the product within a maximum period of 14 days from receipt of the package. The shipping costs initially paid by the buyer are never reimbursed by LYTESS, the reimbursement only concerns the product(s).
Free returns with Paypal :
You can benefit from free returns for your orders paid with Paypal.
If you want to return a product, your return costs will be directly refunded by Paypal to your Paypal account.
If you need any help, please do not hesitate to contact us by email or call 02.47.73.80.16 (local rate).
Article 9: LYTESS customer service contact details
For any information or question, the customer service is at the disposal of the Customers :
Via the website www.lytess.com : by clicking on the link: "contact".
By mail: email@example.com.
By post: LYTESS 23 rue des Hautes Roches BP 50017 37 230 Fondettes
By telephone: 02.47.73.80.16 (local rate).
Article 10: Intellectual Property
All elements of the website www.lytess.com (texts, comments, works, illustrations, images and logos, whether visual or sound) are protected under copyright, trademark law, as well as intellectual property law and for the entire world.
As such and in accordance with the provisions of the Intellectual Property Code, only private use is permitted, subject to different or even more restrictive provisions of the Intellectual Property Code. Any other use constitutes counterfeiting and is punishable under the Intellectual Property Code unless prior authorization of the company LYTESS. Any total or partial reproduction of the site is strictly forbidden.
The fact of affixing a hypertext link to the Internet site www.lytess.comUsing the framing or deep linking technique is strictly forbidden.
Article 11: Liability
The LYTESS products sold by the seller benefit, in accordance with the legal provisions:
- of thelegal guarantee of conformity
The Customer has a period of 2 years from the delivery of the Product to activate the legal guarantee of conformity.
The Customer may choose between repairing or replacing the goods, subject to certain cost conditions provided for in Article L.211-9 of the French Consumer Code.
The Customer is exempt from providing proof of the existence of the lack of conformity during the 6 months following delivery of the goods. This period is extended to 24 months from 18 March 2016.
The Customer automatically benefits from the legal guarantee for hidden defects, as defined in articles 1641 et seq. of the French Civil Code.
The Products sold on the website comply with the regulations in force in France and in Europe. LYTESS cannot be held liable in the event of non-compliance with the legislation of the country in which the Products are delivered, which it is up to the Purchaser to verify.
The Customer is solely responsible for the choice of products, their conservation and use.
The Seller will not be considered responsible or defaulting for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French jurisprudence.
Any warranty is excluded in case of misuse, negligence or lack of maintenance on the part of the Purchaser, such as in case of normal wear and tear of the goods, accident or force majeure and LYTESS' warranty is limited to the replacement or reimbursement of non-conforming products or products affected by a defect.
Requests for application of the guarantees must be made to LYTESS at the address indicated in Article 1 of these general terms and conditions of sale.
Article 12: Nominative and personal data
LYTESS undertakes not to disclose to third parties the information that the Purchaser provides to it. This information is confidential. In application of the French Data Protection Act n°78-17 of January 6, 1978 as amended, it is reminded that the personal data requested from you are necessary for processing the order and its invoicing and are intended for internal use by the website www.lytess.com.
However, they will be used by LYTESS for the processing of your order and may be used to reinforce and personalize communication by letters/emails as well as in the context of the personalization of the site according to the preferences of the users.
You therefore have the right to access, modify, rectify and oppose information concerning you, which you can exercise by clicking on the "Contact" link - CNIL declaration number: 1379234.
Article 13: Pre-contractual information - Acceptance by the Buyer
The Buyer acknowledges having had communication, prior to the conclusion of the contract, in a clear and comprehensible manner, of these general terms and conditions of sale and all the information and information referred to in Article L.121-19 of the Consumer Code and in particular :
- the main characteristics of the services offered, to the extent appropriate to the communication medium used and the services concerned ;
- the identity of the professional (company name, geographical address of the establishment and telephone number)
- the total price of the services including all taxes or, where the price cannot reasonably be calculated in advance, a statement that such charges are not payable
- where applicable, the terms and conditions of payment, performance, the date on which the Service Provider undertakes to perform the service and the procedures for handling complaints,
The fact for a Buyer to order on the website www.lytess.com entails full and complete adherence and acceptance of these general terms and conditions of sale, which is expressly acknowledged by the Buyer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against LYTESS.
Article 14: Applicable law - Language
The present general terms and conditions of sale written in French will be executed and interpreted in accordance with French law.
In the event that it is translated into one or more languages, only the French text shall be authentic in the event of a dispute.
ARTICLE 15 - General Rules - Series of games competitions social networks
Article 1 - Organising Company
LYTESS, a limited company with a capital of €1,693,873.00, registered in the RCS of TOURS under the number 445 284 938, whose head office is located at 23 rue des Hautes Roches - 37230 Fondettes - France.
Article 2 - General
The Organizing Body manages several pages on the social networks Facebook and Instagram on which it organizes a series of free contests. These games are without obligation to purchase and aim to make participants win prizes.
Each game will be put online for a limited time and announced by the Organising Company by a post on the page concerned, inviting the player to participate.
The games are governed by :
- The present general regulation which lays down the common rules.
- The specific conditions of each contest that will be announced in each post and which will specify in particular: the mechanics of participation in the game, the start and end dates, the number of winners and the prizes of the game.
Article 3 - Terms and conditions of participation
The games are open to any natural person of full age domiciled in France (metropolitan and overseas territories) with the exception of the staff of the Organising Company and the companies that collaborated in their organisation or realisation.
Only one entry per household per Game will be accepted.
Any registration by another means than the one specified in the post will not be taken into account. Likewise, any entry that is incomplete, illegible, with incorrect contact details or sent after the registration deadline set for each game will be considered null and void.
The proven intention of fraud or the demonstrated attempt to cheat by a participant, in particular by creating false identities allowing multiple registrations, may be sanctioned by a formal and definitive ban on participating in the competition.
Participation in each game involves:- to benefit from an account on the relevant social network.
- to have read and accepted the General Regulations of the Games.
- to respect the mechanics described according to the type of play concerned.
The Games will be organized directly via a post on the Facebook page @Lytess.Cosmetotextile and Instagram @Lytess_France :
- The Organising Company shall publish the Announcement of the Game on the relevant page.
- From the post, the player is invited to perform a specific action on the Page, which may include liking or commenting on the publication.
- The completed action validates the player's registration to the game.
- The winner(s) of the game is (are) chosen from among the registered players by drawing lots.
Article 4 - Lots
The prizes involved are specified in each post. The prizes are strictly personal and are not transferable. They may not give rise, on the part of the winners, to any dispute whatsoever, nor to the delivery of their cash equivalent, nor to their replacement or exchange for any reason whatsoever, particularly in the event of loss or theft.
The Organising Company reserves the right to replace the lots by lots of equivalent nature and value, if circumstances beyond its control oblige it to do so, without incurring its liability as a result.
Article 5 - Information for winners
The winners will be informed in a message published on the social network in question and/or by e-mail and/or private message on the social network in question and will receive on this occasion all practical information on how to retrieve and use their prize.
The date on which the winners are notified is specified for each Game.
Article 6 - Verification of identity
The participants authorise any verification of their identity. Any indication of identity that is fraudulent, false, misleading, incorrect or inaccurate shall result in the elimination of the participant.
The Organising Company may not be held liable in any way in the event of impersonation or any other act of deception by one of the participants regarding his identity.
Article 7 - Personal data
The personal data collected in the context of participation in the game are recorded and used by the organizing company for the purposes of their participation and the allocation of their winnings.
In accordance with the "Data Protection Act" of 6 January 1978, Participants have the right to access, rectify or delete information concerning them. Any request must be sent by mail to the address of the organizing company.
Creation date : 22/04/2014
V2 - version of 30/07/2020