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La Cup Luneale
The present Terms and Conditions of Sale (hereinafter "T&Cs") are offered by Teolab SAS, with a capital of €74,650, a company registered at the Nanterre Trade and Companies Register under number 810436592, whose registered office is located at 176 avenue Charles de Gaulle, 92522 Neuilly s/Seine Cedex (hereinafter "Teolab").
The following terms will be defined:
"Site": the website luneale.co and all its pages
"Products" or "Services": all products (goods) and services (services) that can be purchased or subscribed to on the Site.
"Seller": Teolab, a legal entity or individual offering its Products or Services on the Site.
"Customer": the individual, whether a private person or professional, who makes a purchase of Product(s) or Service(s) on the Site.
"Consumer", as defined by the introductory article of the Consumer Code: "any individual who acts for purposes not related to their commercial, industrial, artisanal, or liberal activities".
The user visiting the Site and interested in the Products and Services offered by the Seller is invited to carefully read these T&Cs, print them and/or save them on a durable medium, before placing an order on the Site.
The Customer acknowledges having read the T&Cs and accepts them in full and without reservation.
The Seller reserves the right to modify these T&Cs at any time by publishing a new version of them on the Site. The applicable T&Cs for the Customer are those in force on the day of their order on the Site.
The legal information regarding the hosting and editing of the Site, the collection and processing of personal data, and the terms of use of the Site are provided in the general terms of use, legal notices, and data policy of this Site.
This Site offers the online sale of menstrual health products and accessories.
The Site is freely accessible and free of charge to all Customers. The acquisition of a Product or Service implies the acceptance by the Customer of the entirety of these T&Cs, which they acknowledge having fully understood. This acceptance may, for example, consist of the Customer ticking the box corresponding to the acceptance of these T&Cs, for instance with the mention "I acknowledge having read and accepted the entire Terms and Conditions of the Site". Ticking this box will be considered as having the same value as a handwritten signature by the Customer.
Acceptance of these T&Cs assumes that the Customer has the legal capacity to do so. If the Customer is a minor or does not have the necessary legal capacity, they declare having the authorization of a guardian, curator, or legal representative.
The Customer acknowledges the evidentiary value of the Seller's automatic recording systems and, unless they provide evidence to the contrary, waives any challenge of them in case of dispute.
Creating a "customer account" is a prerequisite for any order by the Customer on this Site. For this purpose, the Customer will be asked to provide certain personal information such as their name, email address, postal address, and phone number, this list not being exhaustive. In this regard, the Customer agrees to provide accurate information. The Customer is responsible for updating their data and must promptly notify the Seller in case of any changes. The Customer is solely responsible for the truthfulness, accuracy, and relevance of the information provided.
The registered Customer can access their account by logging in with their identifiers (email address defined during registration and password) or possibly using third-party login systems such as social network login buttons. The Customer is entirely responsible for the protection of the password they chose. They are encouraged to use complex passwords. In case of a forgotten password, the Customer has the possibility to generate a new one. This password guarantees the confidentiality of the information contained in their "my account" section, and the Customer is therefore prohibited from transmitting or disclosing it to a third party. If not, the Seller cannot be held responsible for unauthorized access to a Customer's account.
The customer account allows the Customer to view all their orders made on the Site. If the data in the customer account section were to disappear due to a technical failure or force majeure event, the Seller's liability would not be engaged, as this information has no probative value and is only informative. Pages related to the customer account are freely printable by the Customer, but they do not constitute proof; they only serve as an informational tool for the effective management of their orders or contributions by the Customer.
Each Customer is free to close their account on the Site. To do so, they must send an email to the Seller stating that they wish to delete their account. No recovery of their data will be possible thereafter.
The Seller reserves the exclusive right to delete the account of any Customer who has violated these T&Cs (including but not limited to providing incorrect information during registration and account setup) or any account that has been inactive for at least one year. Such deletion will not constitute damage for the Customer, and the Customer will not be entitled to any compensation. This exclusion does not exclude the possibility for the Seller to take legal action against the Customer, when the facts justify it.
The Products and Services offered are those listed in the catalog published on the Site. These Products and Services are offered subject to availability. Each Product is accompanied by a description provided by the Seller based on the descriptions provided by the supplier.
Photographs of Products in the catalog reflect a faithful image of the Products and Services offered but do not constitute a contractual commitment, as they cannot guarantee perfect similarity with the physical Products.
We will define "Cart" below as the immaterial object grouping all the Products or Services selected by the Customer from the Site for a potential purchase by clicking on these items. To proceed with their order, the Customer selects the Product(s) they wish to order by adding them to their "Cart", which can be modified at any time.
Once the Customer has selected and added to their cart all the Products they wish to purchase, they will have the option, to validate their order, to access their cart by clicking on the button provided for this purpose. They will then be redirected to a summary page where the number and characteristics of the ordered Products, as well as their unit price, will be communicated.
If they wish to validate their order, the Customer must check the box regarding the ratification of these T&Cs and click the validation button. The Customer will then be redirected to a page where they will need to fill in the order form fields. They will need to provide certain personal information necessary for the proper processing of the order.
All orders placed on the Site must be duly completed and must specify these necessary details. The Customer may make changes, corrections, additions, or cancel the order, until it is validated.
Once the Customer has completed the form, they will be invited to make their payment using the payment methods listed in the T&Cs section related to payments. After a few moments, the Customer will receive a confirmation email with the details of the order and its price.
The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.
Unless otherwise stated, the prices listed in the catalog are in Euros, inclusive of all taxes (TTC), taking into account the VAT rate applicable on the day of the order, excluding any potential participation in processing and shipping fees.
Teolab reserves the right to change its prices at any time and, if applicable, pass on any changes to the VAT rate on the price of the Products or Services offered on the Site. However, the price listed in the catalog on the day of the order will be the only one applicable to the Customer.
The Customer can place an order on this Site and make payment by credit card. Payments by credit card are processed through secure transactions provided by an online payment platform provider, Stripe.
This Site does not have access to any data related to the Customer's payment methods. Payment is made directly to the payment provider handling the Customer's payment. Product availability is indicated on the Site in the description page of each Product.
Teolab will archive the order forms and invoices on a reliable and durable medium, providing a true copy in accordance with the provisions of Article 221-1 of the Consumer Code. The computerized registers will be considered as proof of communications, orders, payments, and transactions between the parties.
Delivery charges will be displayed to the Customer before any payment and apply only to deliveries made to deliverable countries.
Unless otherwise stated on the Site during the ordering process or in the description of the ordered Products, the Seller commits to delivering the Products within a maximum of thirty (30) days after the conclusion of the contract with a Consumer Customer.
The Customer may refuse a package upon delivery if they notice any anomaly regarding the delivery (damage, missing products, damaged package, broken products...). Any anomaly must be reported by the Customer in writing, with their signature, and emailed to Luneale Customer Service. To exercise the right of refusal, the Customer must open the damaged or defective package in the presence of the carrier and ask them to take back the damaged goods. Failure to comply with these instructions will prevent the Customer from exercising their right of refusal, and the Seller will not be obliged to comply with the Customer’s request to exercise the right of refusal. If the Customer’s package is returned to the Seller by postal services or other delivery providers, the Seller will contact the Customer upon receiving the returned package to determine the next steps for the order. If the Customer mistakenly refused the package, they may request its reshipment by first paying for the postal charges for the new shipment, in addition to a return processing fee of €2.30. The postal charges must be paid even for orders where shipping was initially free. If the Customer wishes to cancel the order, their purchase will be refunded, excluding the original shipping costs, with a deduction corresponding to the return processing fees, within fourteen (14) days. In case of delivery error or exchange (if the right of withdrawal is applicable, i.e., if the Customer is a Consumer and the contract made to acquire the Product or Service allows for withdrawal under Articles L.221-18 and following of the Consumer Code), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from the Customer’s negligence or mishandling cannot be attributed to the Seller. Any delivery delay beyond the date or time indicated to the Consumer Customer during their order, or, if no date or time was indicated at the time of order, a delay greater than thirty (30) days from the conclusion of the contract may result in the cancellation of the sale at the Consumer Customer’s initiative, upon written request by registered mail with acknowledgment of receipt, if the Seller has not complied after being asked to deliver. The Consumer Customer will then be refunded, at the latest within fourteen (14) days after the date the contract was canceled, for all amounts paid. This clause does not apply if the delivery delay is due to force majeure.
In accordance with Article L.221-18 of the Consumer Code, and if the right of withdrawal applies, the Consumer Customer has fourteen (14) business days from the date of receipt of the Product from their order or the conclusion of the contract for services to withdraw. They must return any Product that does not meet their expectations and request an exchange or refund, excluding the initial shipping fees and a return processing fee of €2.30, within fourteen days from the receipt by Teolab of the refund request.
The Product must be returned in perfect condition. If applicable, it should include all its accessories. The Consumer Customer can find below a sample withdrawal form for an order made on the Site, to be sent by registered mail with acknowledgment of receipt to Teolab. It is understood that the Customer will bear the return shipping costs in case of withdrawal, as well as the return cost of the Product if it cannot normally be returned by post due to its nature.
If the previous obligations are not fulfilled, the Customer will lose their right of withdrawal and the Product will be returned at their expense.
The Customer is recommended to return the Product using a method that allows for tracking of the package. Otherwise, if the returned package does not reach the Seller, no investigation can be initiated with postal services to locate it.
The refund will be made using the same payment method as the one chosen by the Customer for the initial transaction, unless the Customer expressly agrees to use a different payment method, provided the refund does not incur fees for the Customer.
The Seller also reserves the right to delay the refund until the Product is received or as long as the Customer has not provided proof that they have shipped the Product, if such proof has not been provided earlier.
In case of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the Product(s), the Customer's liability may be engaged.
In accordance with Article L221-5 of the Consumer Code ("Hamon Law") of June 2014, the Consumer Customer can find below a standard withdrawal form for an order made on the site:
Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)
To: Teolab, Customer Service – 176 avenue Charles de Gaulle – 92522 Neuilly s/Seine Cedex
I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the good (*)/for the service provision (*) below:
Ordered on (*)/received on (*) :
Customer's name(s):
Customer's address(es):
Customer's signature(s) (only if this form is submitted on paper):
Date:
(*) Cross out the mention that does not apply.
All items purchased on this site are covered by the following legal warranties, as provided by the Civil Code;
According to Articles L.217-4 and following of the Consumer Code, the Seller is required to deliver a product that conforms to the contract concluded with the Consumer Customer and to address any conformity defects occurring during the delivery of the Product. The conformity warranty can be exercised if a defect existed at the time the Product was taken possession of. However, if the defect appears within 24 months of this date, it is presumed to fulfill this condition. But, according to Article L.217-7 of the Consumer Code, "The Seller may contest this presumption if it is not compatible with the nature of the [Product] or the conformity defect claimed".
However, after this 24-month period, it will be up to the Customer to prove that the defect existed at the time the Product was taken possession of.
According to Article L.217-9 of the Consumer Code: "In the case of a conformity defect, the buyer may choose between repair and replacement of the product. However, the seller may not proceed according to the buyer's choice if that choice results in a manifestly disproportionate cost in comparison with the other option, taking into account the value of the product or the importance of the defect. The seller must then proceed, unless impossible, with the option not chosen by the buyer".
According to Articles 1641 to 1649 of the Civil Code, the Customer may invoke the warranty against hidden defects if the defects presented were not apparent at the time of purchase, were prior to the purchase (and thus not due to normal wear and tear of the Product, for example), and are serious enough (the defect must either make the Product unsuitable for its intended use or reduce that use to such an extent that the buyer would not have purchased the Product or would not have bought it at such a price if they had known the defect).
Claims, requests for exchange or refund for non-conforming Products must be made by postal mail or email to the addresses provided in the site's legal notices.
If a delivered Product is found to be non-conforming, it can be returned to the Seller who will exchange it. In case of impossibility to exchange the Product (outdated product, out of stock, etc.), the Customer will be refunded by check or bank transfer for the amount of their order. The costs of the exchange or refund procedure (including return shipping fees) will be borne by the Seller.
The customer service of this Site is accessible by email at the following address: hello@luneale.co or by postal mail at the address provided in the site's legal notices.
Teolab also provides a hotline, or telephone support, to answer customers' questions. The telephone support can be reached by calling 0806.110.135 (non-surcharged number - local call price).
The Seller, Teolab, cannot be held responsible for the non-performance of the contract due to the occurrence of a force majeure event. Regarding the Products purchased, the Seller will not be liable for any indirect damages resulting from these, loss of business, loss of profit, damage, or costs that may occur.
The choice and purchase of a Product or Service are solely the responsibility of the Customer.
The total or partial inability to use the Products, particularly due to hardware incompatibility, cannot give rise to compensation, refund, or liability of the Seller, except in the case of proven hidden defects, non-conformity, defects, or the exercise of the right of withdrawal if applicable, i.e., if the Customer is not a Consumer and the contract made to acquire the Product or Service allows for withdrawal under Articles L 221-18 and following of the Consumer Code.
The Customer expressly agrees to use the Site at their own risk and under their exclusive responsibility. The Site provides the Customer with information for reference, with imperfections, errors, omissions, inaccuracies, and other ambiguities that may exist. In any case, Teolab cannot be held liable:
- for any direct or indirect damage, including loss of profits, loss of earnings, loss of customers, or data resulting from the use of the Site, or from the impossibility of using it;
- for a malfunction, unavailability of access, improper use, incorrect configuration of the Customer's computer, or the use of a browser rarely used by the Customer;
- for the content of advertisements and other external links or sources accessible by the Customer from the Site.
The photographs and visuals of the Products displayed on the Site are for illustration purposes only. The Seller's liability cannot be engaged if the characteristics of the Products differ from the visuals on the Site, or if the visuals are erroneous or incomplete.
All elements of this Site are owned by the Seller or a third-party representative, or are used by the Seller with permission from their respective owners.
Any reproduction, representation, or adaptation of logos, textual content, pictographic content, or videos, without this list being exhaustive, is strictly prohibited and constitutes infringement.
Any Customer who commits infringement may have their account deleted without notice or compensation, and without this deletion being considered as damage, without prejudice to any potential legal action that the Seller or its representative may take against the Customer.
This Site uses elements (images, photographs, content) credited to: Teolab, iStockphoto, Fotolia, Freepik, Unsplash.
The trademarks and logos contained in the Site may be registered by Teolab or one of its partners. Any individual who reproduces, displays, embeds, distributes, or retransmits them will be subject to the sanctions provided in Articles L.713-2 and following of the Intellectual Property Code.
If any provision of these T&Cs is deemed illegal, null, or otherwise unenforceable, that provision will be deemed divisible from the T&Cs and will not affect the validity and enforceability of the remaining provisions.
These T&Cs replace all prior or contemporaneous written or oral agreements. The T&Cs are not assignable, transferable, or sublicensable by the Customer.
A printed version of the T&Cs and all notices given electronically may be requested in judicial or administrative proceedings related to the T&Cs. The parties agree that all correspondence related to these T&Cs will be written in French.
These T&Cs are governed by and subject to French law.
Unless otherwise mandated by public policy, any disputes that may arise in the context of the execution of these T&Cs can be submitted to the Site Editor for an amicable settlement before any judicial action.
In case of a dispute regarding an order, the Customer should first contact the Seller to find an amicable solution by email at hello@luneale.co.
The mediator's involvement can only occur after the Customer has made prior written efforts with the Seller.
Additionally, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution (ODR) platform, which facilitates the independent extrajudicial resolution of online disputes between consumers and businesses within the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.
All rights reserved - Luneale - January 2024