Terms of service

Last update: 14/11/2023

These general terms and conditions of sale and use of the site (hereinafter, the "Terms") apply between:

LustrLabs SAS, Paris, a Société par Actions Simplifiée with a share capital of €1,000.00 euros, registered with the Paris Trade and Companies Register under SIREN number 954 018 115, intracommunity VAT number FR02954018115, whose registered office is located at 47 boulevard de Courcelles, 75008 Paris (hereinafter, "We", "Us", "Our", the "Company", or "LustrLabs"),

And

Any natural person of legal age acting as a consumer, who consults the website www.lustrlabs.com (hereinafter, the "Site") and/or makes a purchase from LustrLabs (hereinafter, "You", "Your", the "User" or the "Internet User").

1. ACCEPTANCE AND REVISION OF THE TERMS AND CONDITIONS

Use of the Site and any transaction with LustrLabs is expressly and exclusively governed by (i) the Terms and (ii) any other terms or conditions set forth or referenced from time to time on the Site (collectively, the "Agreement"). Please note that the Terms prevail over any other term or condition in section (ii) in the event of any inconsistency, unless explicitly stated otherwise. The Agreement may be revised, updated or modified at any time, in whole or in part, it being understood that the Conditions that apply to Your order are those in force on the Site at the time Your order is registered.

2. TERMS AND CONDITIONS OF ORDER, PRODUCTS AND DELIVERY

2.1 Order Conditions

By placing an order, You certify that You are at least 18 years of age and that You have the legal capacity to place and honor such order, or, if You are a minor, that You hold appropriate parental authorization to place and honor any order, and that You are able to provide proof of such authorization upon request from Us. In addition, You confirm that You are acting as an individual for Your own personal purposes.

2.2 How to Place an Order

2.2.1 Confirmation of Your order is subject to the following steps:

(1) Select and add to the Shopping Cart the product of Your choice, defining the available options.

(2) Once the item(s) have been selected and added to the Shopping Cart, check the contents of the Shopping Cart by clicking on the "Shopping Cart" tab.

(3) Make sure that the items in the Shopping Cart correspond to Your choices, then click on "order" to proceed to checkout.

(4) Fill in the requested information, including :

  • Your first and last name;
  • Your contact details (telephone number and e-mail address);
  • The billing address, which must match that registered by Your credit card issuer, for security and fraud prevention reasons;
  • The delivery method chosen;
  • The delivery address for home delivery (please note that P.O. boxes are not accepted);
  • Payment method.

At this stage, You will also be asked to read and accept the General Terms and Conditions of Sale, accessible via the link "LustrLabs T&Cs".

(5) To finalize the order, check the information on the order summary page and correct it if necessary, then click on "Confirm my order" to confirm it.

(6) Once the order has been confirmed, you will be directed to the STRIPE payment platform. Check the summary of Your order, including the total amount, and provide Your credit card details for payment.

2.2.2 LustrLabs will not be bound by an order until it has sent an acknowledgement of receipt and received the corresponding funds in its bank account. Furthermore, LustrLabs reserves the right to cancel or refuse a User's order without incurring any liability, particularly in the event of doubts or disputes concerning a previous order made by the User.

2.2.3 The validity of Our offers and prices is subject to product availability. In the event that the products You have chosen are no longer in stock, We may offer You, at Our discretion, replacement products of equal or superior quality, without changing the initial price of Your order. You will be informed immediately in the event of such unavailability and, if applicable, of the new delivery date, while still allowing You to cancel Your order if You so wish.

We also reserve the right to cancel part or all of an order in the event of a problem with one of Our suppliers or unforeseen circumstances. You will be notified without delay of any such cancellation and We will refund any sums already paid for the cancelled part of the order. We will contact You to discuss possible alternatives.

2.3 Delivery

2.3.1 We will keep You regularly informed in writing of the progress of the manufacture and dispatch of Your order. If You have any queries regarding Our contact details, shipping costs, payment and delivery terms, right of withdrawal conditions and procedures, address for Your complaints, post-delivery guarantees, as well as the expected shipping and delivery dates of Your order, please do not hesitate to contact Our Customer Service Department.

2.3.2 Products will be delivered to the address You specify during the order process.

2.3.3 Delivery times, unless otherwise specified in Your order, are generally 6 to 8 weeks after order confirmation. Delivery is considered to have taken place on the date of first presentation of the products at the address indicated.

2.3.4 We encourage You to follow the progress of Your order on the Site or by contacting Our Customer Service Department. In the event of delays on certain products in a grouped order, We may proceed with separate shipments.

2.3.5 It is essential to check parcels and products carefully on receipt. If the parcel appears damaged or spoiled, You must refuse it to the carrier and inform Us of Your refusal by sending Us (a) a sworn statement acknowledging delivery of a damaged or spoiled product, (b) a copy of proof of identity, and (c) a copy of proof of address less than three months old.

2.3.6 The transfer of ownership and risks associated with the products takes place at the time of delivery. If the parcel is returned to Us because of incorrect address, failure to claim within the time limit, failure to respond to communications for delivery or failure to appear for a scheduled collection, and if We are unable to contact You for 3 months after these events, We will retain ownership of the products together with any payments made and You agree to have no recourse to recover any sums paid or unclaimed products.

2.3.7 In the event that the carrier indicates that it has delivered the product that You ordered but that You dispute that such delivery has taken place, or if You have refused a parcel presented damaged or spoiled by the carrier, You undertake to return to Us signed (a) an affidavit acknowledging the absence of delivery or the delivery of a damaged or spoiled product, (b) a copy of proof of identity and (c) a copy of proof of address less than three months old.

2.4 Manufacture of Products We endeavour to ensure that Our online catalog is as accurate and representative as possible. However, there may be variations in size or color due to differences in the configuration of computer equipment. Our aim is to provide detailed information to help You familiarize Yourself with the product prior to purchase. Please note that the weight of the stones displayed may vary slightly, and given Our handcrafted manufacturing process, some product dimensions may differ slightly from those shown online.

3. PRICE & PAYMENT

3.1 Product Prices

3.1.1 The price of the products in Your shopping cart will always correspond to the last price displayed on the product description page. This price may vary from that displayed when the product was first added to the basket. Adding a product to the basket does not guarantee that its price will remain the same as when it was added. It is also possible that the price of the product at the time of payment is lower than the last price displayed on the product description page.

3.1.2 LustrLabs reserves the right to change its prices at any time, in accordance with article 1 hereof. However, orders already placed will be honored at the price in effect when the order is placed.

3.1.3 Our prices are fixed and non-negotiable.

3.1.4 Errors in information, particularly prices displayed on the Site, may occur as a result of systemic or typographical errors. Although We strive to avoid such errors, they may occur. Orders based on incorrect information or prices will not be honored. If the price indicated is lower than the actual price, We will contact You to cancel the order or advise You how to pay the difference. We apologize for any inconvenience and remain available for any questions.

3.2 Order Payment

You may pay for Your orders :

  • By credit card (Visa, MasterCard or Carte Bleue): the amount of Your order will be debited within 7 (seven) days. The order registration date is the date of online payment; or

3.3 Invoice

An Invoice is generated and made available to You in Your online customer area as soon as Your order has been dispatched. You may also request an Invoice from Our Customer Service by email.

  1. RETURNS AND RIGHT OF WITHDRAWAL

4.1 Returns and Refunds

In accordance with Our commitment to quality and customer satisfaction, LustrLabs strives to ensure that each piece of jewelry is produced and delivered in accordance with Your expectations. However, due to the unique and personalized nature of our products, we cannot accept returns or offer refunds except in the case of a proven product defect.

In the event of receipt of a defective product, We invite You to contact Us immediately at contact@lustrlabs.com with a detailed description of the defect as well as photographs if applicable. Our team will assess the defect and, if it is confirmed, we will exchange the product. LustrLabs reserves the right, at its sole discretion, to determine whether a product is defective and whether an exchange is appropriate.

4.2 Right of Withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized.

All LustrLabs jewelry is made to order and personalized according to your choices and specifications (for example, choice of metal, type of stone, size, etc.). Consequently, these products fall within the scope of exception n°3 of article L. 221-28 of the French Consumer Code and are therefore not eligible for the right of withdrawal.

By placing an order on www.lustrlabs.com, You expressly acknowledge and accept that the products ordered are manufactured to Your personal specifications, and that You therefore waive Your right of withdrawal once production of Your order has begun.

4.3 Exceptions

This non-return and non-refund policy does not affect Your legal rights in the event of defective or non-conforming products. In such cases, as indicated in section 4.1, LustrLabs undertakes to provide a replacement product that meets Your expectations.

  1. WARRANTIES

5.1 Product Warranties

You benefit from the legislation in force concerning defects in conformity of the product with the Contract and redhibitory defects under the conditions provided for in articles 1641 to 1649 of the French Civil Code:

"Article L. 217-4 of the French Consumer Code: The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility.

Article L. 217-5 of the French Consumer Code: To conform to the contract, the goods must :

1° Be fit for the use normally expected of similar goods and, where applicable :

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

  • have the qualities that a purchaser may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or present the characteristics defined by mutual agreement between the parties, or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.

Article L. 217-12 of the French Consumer Code: Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.

Article 1641 of the French Civil Code: The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Article 1648 paragraph 1 of the French Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.”

However, damage, deformation and destruction of products, as well as breakage and loss of stones and pearls, caused by external forces, shocks or mishandling, are not covered by this warranty.

5.2 Site Warranties

Without prejudice to the warranties set forth in article 5.1 above, LustrLabs offers no additional warranties concerning the Site or the Content. In particular, LustrLabs does not guarantee that the elements of the Site are suitable for a specific use. LustrLabs also does not warrant that the functionality of the Site, the Content or any other element present on the Site will always be available, uninterrupted or error-free, that potential defects or errors will be corrected immediately, or that the Site or its server will always be free of viruses or other components that may cause damage.

  1. LIABILITY

6.1 Compliance with Legislation

LustrLabs assures that its products comply with French legislation in force at the time of sale. However, LustrLabs cannot be held responsible in the event of non-conformity with the legislation of the country of delivery. It is Your responsibility to find out about and respect local laws concerning the import and use of products ordered. Furthermore, if You access the Site from a territory other than France, You do so on Your own initiative and assume full responsibility for compliance with applicable local laws.

6.2 Product Images

Product images on the Site are for illustration purposes only. For precise details on each product, please consult its detailed description. If you have any questions or require additional information, please contact LustrLabs.

6.3 Limitation of Liability

Except in the case of fraud or gross negligence and except in the case of liability for defective products, LustrLabs' total liability, for all damages compensable under the Contract, that it may cause You under the Contract, is limited to compensation for foreseeable, direct and material damages actually suffered by You as a result of LustrLabs' breach, and this compensation may in no event exceed the amount of Your last purchase, even if LustrLabs has been advised of the possibility of such damages.

It is specified that, under the terms of the Contract, any loss of profits, sales, data, databases or programs, any loss of savings and any additional costs, as well as any loss of image and any third-party claims, will be considered as indirect damages not giving right to compensation by LustrLabs, even if they were foreseeable.

In particular, LustrLabs shall not be liable to You for damages caused by (a) Your own act, omission or fault; (b) any case of force majeure as defined by the case law of the French courts; (c) any third party not related to LustrLabs for the performance of the Contract (for example, in the event of problems resulting from the performance, congestion or connection of telecommunications means or services, or the performance of Your computer equipment); or (d) any other event that neither LustrLabs nor its suppliers could have foreseen or prevented, even if LustrLabs or its suppliers had taken all reasonable precautions.

In particular, the following shall be deemed to be due to Your own act, omission or fault : any damage or loss that You may suffer as a result of the unsuitability or incompatibility of Your computer equipment (hardware and/or software) to all or part of the Site and/or the failure to implement all reasonable and necessary protections against any harmful programs, devices or communications, as it is Your responsibility, and Yours alone, (I) verify or cause to be verified that Your computer and/or telecommunications equipment is appropriate and compatible with the Site, prior to any use, and (II) implement and enforce all reasonable and necessary protections against any harmful programs, devices or communications, including the use of anti-virus software.

6.4 Links to Other Sites

The Site, as well as other pages controlled by LustrLabs (Facebook pages, Instagram, etc.), may contain links to other sites on the Internet. These other sites are not under the control of LustrLabs and You acknowledge that LustrLabs is not responsible for the accuracy, intellectual property rights compliance, legality, decency or any other aspect of the content of these sites. The inclusion of such a link does not imply any endorsement by LustrLabs, nor any association with its operators. LustrLabs cannot guarantee that You will be satisfied with any product or service You obtain from a third-party site hyperlinked to or from the Site, as the channels of other online businesses are owned and operated by independent merchants. LustrLabs does not promote any merchandise and has taken no steps to confirm the accuracy or reliability of the information contained in these third-party sites. We urge You to make whatever investigation You deem necessary or appropriate before engaging in any electronic transaction with any of these third parties.

  1. INTELLECTUAL PROPERTY

7.1 Legal Protection

The Site and all elements (including products), documents and other data contained therein (the "Content"), whether visual or audio, are protected by French and international rules applicable to trademarks, service marks - whether registered or not as such - and trade names or other distinctive signs, copyrights, neighboring rights, sui generis rights, design rights, patents, trade or manufacturing secrets or other rights of a similar nature and are the property of LustrLabs or are licensed for use.

7.2 Intellectual Property Infringement

Your right to use the Site and any Content or other materials contained therein is subject to Your compliance with the Agreement and all applicable laws or regulations. Any use of the Site or any Content for purposes other than those authorized by the Agreement may violate Our rights or those of Our licensors:

(A) You may only access and display the Content and other elements of the Site for non-commercial and private purposes.

(B) the Site and any Content may not be copied, reproduced, modified, republished, uploaded, posted, adapted, transmitted, distributed or used in any way without the prior written consent of LustrLabs or unless otherwise permitted by applicable law (in which case You must keep intact all proprietary notices).

(C) You must not use any meta tags or any other hidden text containing Our name, Our trademark(s) or those of companies related to Us without Our specific prior written consent.

(D) any User who wishes to place, for personal use, on his or her site, a simple link referring directly to the home page of the Site, must obtain Our specific prior written authorization; under no circumstances may Our agreement incur Our liability, for any reason whatsoever, with regard to the Site or any Content.

(E) any hypertext link to the Site using the framing or in-line linking technique is strictly prohibited.

7.3 User Content

If You send Us Content, and unless otherwise stipulated by You, You grant Us and our affiliates, free of charge, for the applicable legal term of protection, the non-exclusive and free right to reproduce, modify, adapt, publish, translate, distribute, sub-license and display such Content worldwide, on the Site and in all media.

You represent and warrant to Us that You own or have the necessary rights to the content that You transmit to Us. You agree to indemnify Us in the event of any action or claim by a third party against Us, where the cause, basis or origin of such action is the content that You have communicated to Us.

  1. CONTACT

For any request or question, You can contact Us at contact@lustrlabs.com. Our Publishing Director is Kristina Bokova. If You wish to contact one of Our web hosts, here are their contact details:

  • Cloudflare Inc (acting as CDN): Address: 101 Townsend St, San Francisco, CA 94107, USA Telephone: +33 1 73 01 52 44 E-mail: legal@cloudflare.com

  • Netlify (for the frontend): Address: 2325 3rd Street, Suite 215, San Francisco, CA 94107, USA Telephone: +420 228 881 031 E-mail: support@netlify.com

  • Heroku (for backend): Address: The Landmark at One Market, Suite 300, San Francisco, CA, 94105, USA Telephone: +33 1 (877) 563-4311 E-mail: privacymark@salesforce.com

We encourage You to contact them directly with any specific questions or concerns about their services.

  1. APPLICABLE LAW - JURISDICTION - MEDIATION

The Contract is governed by French law, subject to the mandatory rules applicable in Your country of residence. In the event of a dispute, in addition to the jurisdiction of Our registered office, You may choose the jurisdiction of the place where Your order was actually delivered.

In accordance with Article L. 612-1 of the French Consumer Code, You may have recourse, free of charge, to the mediation service [XXX] to which We belong, either electronically or by post: [XXX].

In addition, as a consumer, You also have the right to use the online dispute resolution procedure provided by the European ODR (Online Dispute Resolution) platform at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.

  1. MISCELLANEOUS

10.1 Notification

To communicate with You concerning the Contract, We may choose between publication on the Site, sending by e-mail or by post (standard, express or registered), at our discretion.

10.2 Term Revisions

LustrLabs reserves the right to change its Terms at any time, taking into account potential changes to the Site and to laws and regulations. Revised Terms, once published, will only apply to transactions made after such changes.

10.3 Substitution Clause

If any provision of this Agreement is found to be illegal, invalid or unenforceable, and it is not possible to automatically substitute it with a reasonable equivalent provision, then such provision shall be deemed severable from the remainder of the Agreement. Such severability shall not affect the validity or enforceability of the remaining clauses, to the extent permitted by the relevant law.

10.4 Transfer of Rights and Obligations

We are granted the right to transfer Our rights and obligations under this Agreement, by any appropriate means, including by merger, to (i) any entity affiliated with LustrLabs, or (ii) any person or entity acquiring control, directly or indirectly, of a significant portion of our assets, capital or voting rights. This Agreement may not be assigned by You without Our express written consent.

10.5 Probatory Use

LustrLabs is entitled to rely, in particular for all evidentiary purposes, on programs, data, files, recordings, operations and other items of a nature or in a computer or electronic format or medium, established, received or stored directly or indirectly by it, except in the case of abuse or obvious error. You expressly acknowledge the possibility for LustrLabs to take advantage of these elements of nature or under computer or electronic format or support.

10.6 No Waiver

The fact that LustrLabs does not assert a right provided for in this Agreement shall not be interpreted for the future as a waiver of the right in question or as an obstacle to the exercise of any other right.

  1. PRIMACY OF THE FRENCH VERSION

11.1 Interpretation of Translated Versions If these Terms and Conditions are translated into one or more languages, the French language version shall prevail in the event of any discrepancy or conflict in the interpretation or application of the terms and provisions of said Terms and Conditions.

11.2 Authoritative Version The French version of these Terms and Conditions is the only authoritative version. In the event of any dispute, discrepancy, or uncertainty as to the meaning, interpretation or application of any provision of the Terms and Conditions, the French version shall prevail over any translated version.