TERMS OF SALES

 

These general conditions of sale apply to any purchase you make as a natural person on the website www.apertureparis.com, from LUNA, a limited liability company with a capital of 20 000 euros, registered in the Paris Trade and Companies Register under number B 440 369 437,

headquartered at 59 rue du Temple - 75004 Paris - France - Tel: +33 1 48 87 28 91

Email address: bonjour@apertureparis.com

Intra-Community VAT: FR 42 440 369 437

LUNA designs and sells leather goods, especially APERTURE handbags.

In order to respond to customer requests, LUNA has set up this remote internet sales site in which is proposed a selection of brand product APERTURE.

 


1. Fields of application

 

These general conditions of sale apply to all orders placed on the website www.apertureparis.com. The customer acknowledges having read, at the time of placing the order, the special conditions of sale stated on the site and expressly accept them without reservation. LUNA reserves the right to adapt or modify at any time these terms and conditions of sale. In case of modification, it will be applied to each order the general conditions of sale in force the day of the order.

 


2. Availability of products

 

The information mentioned on each product sheet is given for information only. The products offered comply with the French legislation in force and the standards applicable in France. The photographs, texts, graphics, information, and characteristics reproduced and illustrating the products presented are not contractual. If errors are included, LUNA cannot be held liable.

 


3. Terms of order

 

To place an order on the site, the customer must be of legal age, have the legal capacity and hold a credit card. Orders will be received and will be accepted subject to availability. If despite the vigilance of LUNA, the ordered items are no longer available, LUNA will inform the customer by email or telephone as soon as possible by offering a similar product if necessary or refund the price per credit on the customer's bank account. In accordance with the law of March 13, 2000 on the electronic signature, any order form signed by the customer by "double click" constitutes an irrevocable acceptance which can only be called into question in the cases exhaustively provided for in these general conditions of sale as "Right of withdrawal" and "out of stock". The "double click" associated with the authentication and non-repudiation procedure and the protection of the entirety of the messages constitutes an electronic signature. This electronic signature has a value between the parties as a handwritten signature.

 


4. Order Confirmation

 

The data recorded by LUNA constitute the proof of all transactions made between LUNA and its customers. The contractual information is presented in French and will be confirmed by email at the latest at the time of delivery. LUNA recommends to its customers to keep a paper trace or on reliable computer support, the data relating to their order. The client must verify the completeness and conformity of the information he provides to LUNA. The latter can not be held responsible for any data entry errors and consequences in terms of delays or delivery errors. In this context, all costs incurred for the return will be borne by the customer.

 


5. Proof of transaction

 

The computerized registers, stored in LUNA's computer systems under reasonable security conditions, will be considered as proof of communications, orders, and payments between the parties. The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.  

 

 

6. Price

 

LUNA reserves the right to change prices at any time. Prices are in Euros, shipping not included. The prices are in TTC (including the VAT for France and the countries of the EEC). Any tax, duty, duty or other benefits payable under the French regulations, or those of an importing country or a transit country shall be borne by the purchaser.

 


7. Payment method

 

To settle his order, the customer has, at his choice, all the payment methods referred to in the order form, namely: credit card (Visa, Mastercard), or Paypal account. Availability and shipping times are to be recalculated from the date of receipt of the means of payment. LUNA reserves the right to suspend any order management and any delivery in case of non-payment.


LUNA specifically reserves the right to refuse to make a delivery and to honor an order from a consumer who has not fully paid or a previous order or with whom a payment dispute is being administered. LUNA retains the full ownership of the products sold until full receipt of all sums due by the customer as part of his order, including fees and taxes. The transfer of ownership of a property purchased from LUNA by the customer to a third party will not be supported by LUNA. Only the original buyer of this property can claim access to the clauses of these general conditions of sale.

 

8. Delivery
 Delivery costs in Metropolitan France:By Colissimo poste (delivery in 2-3 working days, except Corsica 1 week):- 5 euros for any order below 50 euros- offered for any order delivered in Metropolitan France from 50 euros By Chronopost relay package (delivery in 24h, order placed before 12H): - 10 euros for all orders under 50 euros- 5 euros for orders over 50 euros By Chronopost home delivery (delivery in 24h, order placed before 12H): - 15 euros for orders under 50 euros - 10 euros for orders over 50 euros Shipping costs abroad (by Colissimo international post):- Belgium: 8 euros - Europe: 15 euros- USA & Canada: 25 euros- Asia, Africa, Oceania: 30 euros- DOM: 25 euros- TOM: 30 euros

 

Packages are prepared within 1 to 2 working days. The preparation time is not included in the delivery time. If a delay in preparation is observed (except in exceptional cases), LUNA agrees to warn the customer as soon as possible and to refund his order if no agreement is agreed between the two parties. The geographical area of delivery corresponds to the geographical area of coverage of the offer. The products are delivered for France colissimo followed (average time of 2/3 working days, and 1 week for Corsica) or Chronopost (delivery in 24 hours) and internationally by mail Colissimo International to address indicated by the consumer on the order form. Delivery is deemed to be made upon delivery of the product to the carrier. The client must verify the completeness and conformity of the information he provides to LUNA. The latter can not be held responsible for any input errors and consequences in terms of delay or error of delivery. In this context, all costs incurred for the return of the order will be entirely the responsibility of the customer.LUNA cannot be held responsible for delays in delivery due to errors or disturbances attributable to carriers (total or partial strikes including postal services and means of transport and/or communication). The consumer is required to check the condition of the packaging and the goods on delivery and to report the damage due to the carrier on the delivery order, as well as to LUNA, within two working days.

 


9. Delivery issues
9-1. Because of the carrier, Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products ...) must be indicated on the delivery note in the form of "handwritten reserves", accompanied by the signature of the customer. In the case of a shipment made by the Post Office, if the package arrives open or damaged (especially with the presence of the Yellow Scotch "La Poste") it is essential that the customer does establish by the postman or the post office which he depends on a "finding of spoliation" (finding 170) so that LUNA can open an investigation and a compensation procedure. The customer will also confirm this anomaly by sending the carrier within 2 working days following the delivery date a registered letter with acknowledgment of receipt exposing the said claims.


The customer must simultaneously transmit a copy of this letter (with the original of the "finding of spoliation" if necessary) by simple mail to: LUNA - 56 rue du Temple - 75004 Paris France. Any claim received after the deadline will be rejected.

 


The customer must simultaneously transmit a copy of this letter (with the original of the "finding of spoliation" if necessary) by simple mail to: LUNA - 56 rue du Temple - 75004 Paris France. Any claim received after the deadline will be rejected.

 

10. Right of withdrawal 
The individual Customer has a right of withdrawal for 14 days from the date of delivery in accordance with the provisions of the Consumer Code, Article L 121-20 unless otherwise specified on the days of sales. The customer exercises his right of withdrawal in accordance with Article L 121-20 of the Consumer Code within 14 days of receipt of the goods. This right is exercised by returning the product to LUNA. Return postage costs are the responsibility of the customer. LUNA recommends to the customer to carry out the return of its products in colissimo followed, provided with a complimentary insurance guaranteeing, if necessary, the compensation of the products up to their real market value in case of spoliation or loss of this commodity. The returned product must be in its original condition and packaging. It must not have been used, or have suffered as little damage to it and be in a state of perfect cleanliness. This right of withdrawal is exercised without penalty, with the exception of return costs which are borne by the customer. Within a maximum period of 30 days from the receipt of the product in return, the customer will be refunded the sums paid, except for the return costs that remain the responsibility of the customer and the following fees:- Shipping Chronopost relay package or home delivery- shipping costs for customers outside FranceExchangeIn the case of an exchange, the return postage costs remain the responsibility of the customer. Upon receipt of the goods, LUNA will return the chosen product in exchange by colissimo.

 

11. Customer service

11-1. Procedure for manufacturing defects
Manufacturing defects must be notified on the day of delivery or at the latest on the first working day following delivery. Any claim made after this period will not be valid.
For orders placed online on our site, the procedure is as follows:

1 – Contact us via our contact form or by writing to: bonjour@apertureparis.com. Do not forget to indicate the number of your order as well as your full name.

2 – If a manufacturing defect is actually found, send us your article (colissimosuivi) to:

LUNA

56 rue du Temple

75004 Paris

France

 

The item will be repaired free of charge or exchanged (exchange if new item, unworn, in its original packaging) and will be returned, at the expense of LUNA. There will be no repair or exchange for accidental damage, improper use of a product or solvent or abnormal use of the item. 

 

11-2. Procedure for repair requests


Repair requests can be made up to 1 year from the date of purchase on the E-shop. The procedure is as follows:

 

1 – Contact us via our contact form or by writing to:bonjour@apertureparis.com . Do not forget to indicate the number of your invoice or order, your full name, and if possible a photo of the problem

2 – If your request is validated by our specialized team, send us your article to:

 

LUNA

56 rue du Temple

75004 Paris

France

 

When we notice that the article has only known the wear of time, or in the case of accidental damage, improper use of a solvent or abnormal use of the article, no repair will be possible to be carried out.

 

3 – The item will then be repaired free of charge and returned by colissimo followed to its owner, at the expense of LUNA.

11-3. Replacement of metal parts & leather tabs


For any defect concerning the metal parts, accessories or the leather tongues, thank you to contact us directly via our form of contact or to bonjour@apertureparis.com. Each case will be treated individually. 

 

12. Intellectual property

LUNA is the owner of the intellectual property rights on the site and the right to distribute the elements appearing on the catalog of the online store and in particular the photographs for which it has obtained the necessary authorizations of the persons concerned. As such and in accordance with the provisions of the Code of Intellectual Property, the partial or total reproduction, on whatever medium, of the components of the site and the product catalog, their use and their provision to third parties are strictly prohibited.

 

13. Liability - Litigation - Applicable Law

Photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, LUNA cannot be held liable for any error in one of these photographs or any of these texts. LUNA cannot be held liable for damages of any kind, whether tangible or intangible, which could result from a malfunction or misuse of the products marketed. The same applies to any changes in products resulting from suppliers. The liability of LUNA will, in any case, be limited to the amount of the order and cannot be blamed for simple errors or omissions that may have persisted despite all the precautions taken in the presentation of the products.

 

The company LUNA reserves the right to cancel an order due to a computer bug, hacking, typing error or other malicious internal or external to the company. LUNA will be required to notify the customer and cancel the order. If you notice an error, please contact us via our contact form or bonjour@apertureparis.com.


LUNA cannot be held liable to a customer or a third party for any indirect loss, operating loss, profit or turnover that has occurred in any way whatsoever, even if this damage or loss or damage was foreseeable by LUNA, or if its eventuality had been brought to its attention.

 

Without limiting the foregoing paragraphs, LUNA's liability under these terms and conditions shall not exceed an amount equal to the sums paid or payable in the transaction giving rise to the said liability, regardless of the cause or form of the liability and action concerned.


The company LUNA cannot be held responsible for the non-performance of the contract concluded in case of out of stock or unavailability of the product, force majeure, disruption or total or partial strike including postal services and means of transport and / or communications, flood, fire, earthquake, flood, lightning.

 

In case of dispute, the member will first contact LUNA for an amicable solution.These general conditions of sale in French will be executed and interpreted in accordance with French law. Any dispute that may arise on the occasion of its validity, interpretation or execution will be submitted to the competent courts. 

14. Nominative information

 

LUNA undertakes not to disclose to third parties the information provided by customers on the site. These are confidential. They will be used by its internal services for the processing of your order and only to strengthen and personalize the communication including letters/emails information and in the context of personalization of the site based on the preferences of users.



In accordance with the Data Protection Act of 6 January 1978, you have the right to access, rectify, modify and delete data concerning you. You can exercise this right by sending us an email to the following address: bonjour@apertureparis.com

 

15- Gift card

The customer can buy one or more gift cards on the website www.apertureparis.com . These gift cards will only be used on the website www.apertureparis.com. Gift cards can not benefit from any promotional code when they are purchased. Gift cards can be paid by credit card or PayPal only. When creating a gift card, the customer must enter the e-mail address of the recipient of the gift card. This e-mail address cannot be modified later.


In case of error in entering the e-mail address of the recipient (s) of a gift card, the sending customer may request the total or partial cancellation of his order. The amount corresponding to canceled gift cards will then be refunded in full according to the method of payment he had chosen when he purchased. This request for cancellation may occur within a maximum of one month from the date of issue of the gift card (this issue date is equal to the date of sending the gift card to its beneficiary). No cancellation request will be accepted if the gift card has been activated by its beneficiary. A gift card is considered to have been activated when its value has been credited to the beneficiary customer account in the form of a gift voucher. LUNA is not liable for any error in the e-mail address of the recipient of a gift card.

The gift card is valid for one year from the date it was sent to the beneficiary. It cannot be exchanged for cash.If the gift card is not activated within one year from its date of issue, the corresponding amount will be considered definitively acquired by LUNA.LUNA reserves the right to cancel any order of gift card, gift voucher or order of items paid by means of one or more gift vouchers which presents to him a risk of fraud.

 

Activation of a gift card - transformation into a gift voucher


The recipient of the gift card will receive an email containing a unique activation link. He will have to click on this unique link to identify him on the site www.apertureparis.com if he already has an account or creates his account to activate his gift card. The activation of a gift card will make the corresponding amount available to the recipient as a gift voucher. This gift voucher will be available in the customer account of the beneficiary and will be offered in his basket at the time of validation of his order. The gift voucher is valid for one year from the date of issue of the gift card. It is not refundable and cannot be exchanged for cash. In case of return of an item paid by means of a purchase order, LUNA will refund the possible monetary supplement as a priority and then reactivate in the form of a purchase order the amount paid with the initial gift voucher. When activating his gift card, the beneficiary accepts our privacy policy.

 

16.   Sponsorship Program

The sponsorship program by a client is limited to a restricted circle (relatives, friends) of the actual and physical knowledge of the sponsoring client. As a result, the massive recruitment of godchildren outside this framework, for directly or indirectly lucrative purposes, or even free of charge, by any means such as including via websites, blogs, social networks, ads on the Internet, magazines, discussion forums, or sites listing discount codes, or by using the name of the partner brands of the Website or reproducing part of the catalog of the Website, is strictly prohibited. Should LUNA find irregularities in the use of its referral system by the customer, it may take appropriate action to stop such irregularities, including the deactivation of the customer account and the cancellation of the rewards obtained from the customer in an irregular way.

17.   Disabling the customer account

Non-compliance by the Customer with the obligations subscribed under these General Conditions, any incident of payment of the price of an order, acts contrary to the interests of LUNA, the delivery of false information during the creation of the account, the irregular use of the sponsorship program, may result in the suspension of access to the service of LUNA, or even the termination of its account depending on the degree of seriousness of the acts in question, without it being possible to claim damages or interest or any compensation to LUNA. LUNA reserves the right to refuse any order from a Customer with whom there is such a dispute, even if it uses a new account.

 

18. Modification of the general conditions of sale

Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions cannot affect the validity of these General Conditions. Such modification or decision does not authorize the Clients to disregard these General Conditions. Any conditions not expressly dealt with herein shall be governed by the use of the retail trade sector, for companies whose head office is in France. These Terms and Conditions apply to all purchases made online on the Site, as long as the Website is available online. The Terms and Conditions are accurately dated and may be modified and updated by LUNA at any time. The applicable General Conditions are those in force at the time of the order. Changes to the Terms and Conditions will not apply to Products already purchased.

 

19. Privacy Policy and Cookies

Introduction

This Privacy and Cookies Policy ("Privacy Policy") describes the data used on www.apertureparis.com (the "Website").The person responsible for processing your data is SARL LUNA: 56 rue du Temple75004 Paris ("LUNA", "we", "our"). You can contact us by writing to us at bonjour@apertureparis.com .We are committed to protecting the privacy of our users and our customers. This Privacy Policy is intended to inform you of the manner in which we collect, define and use data that may identify you, such as your name, email address, mailing address, other contact information or identifiers online and other information that you communicate to us when you use the Site ("Personal Data"), as well as cookies that we use. Take the time to read this Privacy Policy carefully.



What Personal Data We Collect

When you visit and / or use our website or when you contact us, we may collect the following data:

        
Personal Data that you choose to share with us when you create an account when you subscribe to emails, newsletters or alerts, and that you communicate to us when you use our services, opinions, and answers to our satisfaction surveys.

        In case you use our online payment service, the transaction is made via BNP Bank and its highly secure MERCANET solution and can store your credit and debit card number in the secure encrypted form. See also below for payments via PayPal. If you decide to contact us (for example, via the contact form on our site, by email, phone, SMS or social media), we record the fact that you contacted us and may retain the content of your communication, as well as your contact details and our answers. Information about your visits to the site and your use, such as information about the device and browser you use, your IP address and geographic location, your IDFA (identifier for advertisers), the date and time of your visit, the duration of your visit, the source that sent you to us and the websites consulted before your visit.

Protect your Personal Data The transmission of information on the Internet is not completely secure. All information you provide is not and will never be sold or used for purposes other than those of LUNA


How do we use your Personal Data?

In general, we use Personal Data to provide you with the services and products you request, to process payments, to provide customer service, to present our content and advertisements that we believe may be of interest to you for analytical purposes on customers (including your satisfaction), to send you marketing and promotional e-mails and to inform you of important changes relating to our Site.

Withdraw your consent or oppose direct marketing If you no longer wish to receive communications sent by LUNA, you can click on the "unsubscribe" button at the bottom of the email we send you or contact us at bonjour@apertureparis.com. In the case of marketing messages sent by email, thank you for letting us have 48 working hours to remove your email address from our system.


Share Personal Data with third parties We take the security and method of processing your Personal Data very seriously and will never sell your Personal Data under any circumstances.You may also have the right to make a claim if you believe that your Personal Data has been mismanaged. We encourage you to contact us first, but to the extent that you have this right, you are entitled to complain directly to the relevant data protection authority.

Modification to our Privacy Policy If we change our privacy policies and procedures, we will post those changes on our Site so that you are aware of what information we collect, how we use it and where we are likely to communicate.


PayPal Transactions

We draw your attention to the fact that all PayPal transactions are subject to PayPal's privacy policy, which can be found at www.paypal.com/webapps/mpp/ua/privacy-full. Please ensure that you agree with the terms of PayPal's privacy policy if you wish to use PayPal to perform a transaction on the Site.

Data Conservation We retain your Personal Data as long as necessary to carry out the activities described in this Privacy Policy or communicated to you, or as long as the law allows us to do so.

Our cookie policy Like other websites, our site uses traditional technologies such as cookies and other similar tools, including web server logs, tags, pixels, local storage, device IDs, and the like. Tracking ID (collectively, "Cookies" in this Privacy Policy) for the purposes described below.We draw your attention to the fact that third parties collect and use data obtained through cookies deposited on the site. This Privacy Policy cannot describe the privacy practices of these third parties. We advise you to read their privacy policies and, if you want your data to be used by these third parties, to follow the opt-out procedures they offer, to the extent that they offer. For more information, see "How do I change my cookie preferences? » below.

Why do we use cookies?

Strictly necessary/transactional cookies

The use of this type of Cookies is essential for the proper functioning of our Site. These Cookies may be necessary to allow you to use our Site and use our services, for the administration of the system, to prevent fraudulent acts, to maintain your connection from one page to another or to that we can remember what you have added to your cart. These cookies cannot be disabled because our Site cannot function properly without them.

Functional cookies

Using this type of cookie allows us to improve and simplify your user experience. For example, they may remember the choices you make, such as the country from which you visit our Site, language, search parameters such as date, zone, or treatment, and help identify problems of our Site (such as crash incidents for example). They can then be used to offer you an experience more suited to your choices and to personalize and improve your visits to our Site. The information collected using these technologies can identify you personally, as is the case for example of your login credentials. These cookies cannot track your browsing activity on other websites or apps outside the Site.
         
Performance cookies

 

The use of this type of Cookies allows us to better understand how many users visit our Site, how they arrive and browse our Site or use it, and which parts of our Site are the most popular. This helps us to improve the Site, such as the navigation and interface experience, and to improve our products and services. To achieve this, we collect information about how people use our Site and we use third-party technologies, including but not limited to Google Analytics, Hotjar, Ve Interactive Facebook, and Google Tag Manager. We also use these Cookies to help us measure the effectiveness of our online marketing and advertising activities.

Google Analytics is an online analytics service provided by Google, Inc. We use Google Analytics to find out how visitors use our Site, to prepare reports, and to help us improve the Site. Google collects information in an anonymous form, including the number of visitors to the Site, the sites from which visitors arrived on the Site and the pages they viewed on the Site. This information is then used by Google to report to us and to help us improve the site. To learn more about the data Google collects and how it's processed, check out the Google Privacy Policy at https://policies.google.com/privacy?hl=en-CA.

Targeting or advertising cookies

The use of this type of Cookies enables us to display advertisements on and off the site, and to collect information about your browsing habits and the use of the Site in order to offer you more personalized advertising and adapted to you and your interests. We may use remarketing technologies to allow third parties to display personalized ads that may be of interest to you on their networks. They are also used to confirm that you have seen a particular ad, to limit the number of times you see an ad and to help measure the effectiveness of an ad campaign.
These technologies keep track of the sites you visit and the information is shared with others, such as advertisers. When we use third parties for advertising and targeting purposes, we may disclose:

·         Personally identifiable information, such as your email address, order number, address. 
·        Generic aggregated or anonymized data about your visits and how you use our Site; or

 

·         Pseudonymized information such as the browser cookie ID/code or the digital fingerprint of your email address to help us customize and present our ads to other services. This ID or code is compared to your equivalent unique code, which is generated in the same way by our advertising partners to personalize the advertisements that are addressed to you.


How to change my cookie preferences?

We describe below a number of methods you can use to manage your online cookie preferences. For more information, see also the third party's privacy and cookie policies. ·         Most browsers and devices allow you to remove tracing technologies and/or block the filing of new tracing technologies. To disable tracing technologies, check your browser's "Help" menu or device settings. Note, however, that (a) this manipulation may not be effective for all tracing technologies and (b) disabling tracing technologies may limit your ability to use the sites and/or delay or affect the way they work. 
·         AdChoices is a self-regulatory program that encourages online advertising sites to include an advertising option icon on all ads or web pages where data is collected and used for behavioral advertising purposes. For more information: https://youradchoices.com/control.
·         Use your mobile device settings to set your advertising preferences.
·         Visit Your Online Choices website to opt out of various targeted ads based on your interests: com/en /.
·         Hotjar: You can refuse to have Hotjar collect your information at any time here: hotjar.com/legal/compliance/opt-out.
·         Google Analytics: If you do not want your data to be used by Google Analytics, you can install the browser add-on for Google Analytics opt-out by following the instructions here: google.com/dlpage/gaoptout?hl=en. You may opt out of Google's use of cookies by visiting the Google ads opt-out page: policies.google.com/technologies?hl=en-CA.
·         Facebook Ads: You can control how Facebook uses data to show you ads by disabling ads that may be based on interests and/or your relationship with specific advertisers in your advertising preferences. To learn more, check out the different Facebook pages that allow you to find out more about Facebook ads and cookies and to update your settings:fr-fr.facebook.com/policies/cookies/fr-fr.facebook.com/about/adsfr-fr.facebook.com/ads/preferences/edit/

 

In the case of third parties not specified in this section, review their privacy and cookies policy to learn about the ads that appear on your screen when you are online and how you can opt out of them.