LULUMARY

Conditions générales de vente

These General Terms and Conditions of Sale are entered into between:

LULUMARY, a simplified joint-stock company with a capital of 38,000 euros, registered with the Bobigny Trade and Companies Register under number 484 675 699, with its principal place of business located at Fashion Center — Lot N26, 70 avenue Victor Hugo, 93300 Aubervilliers, hereinafter referred to as “LULUMARY” or “the Seller,” on the one hand,

and any person wishing to make a purchase via the Seller’s website, hereinafter referred to as “the Customer,” on the other hand.

Article 1 — Purpose

These General Terms and Conditions of Sale (the “GTC”) define the contractual relationship between LULUMARY and the Customer and the conditions applicable to any purchase made on the Site.

The offers on the Site are intended for adult consumers with legal capacity, acting for their personal needs. In accordance with Article L. 110-1 of the French Commercial Code, the Customer shall refrain from making any purchase for resale; sales to professionals are governed by LULUMARY’s B2B terms and conditions, available upon request.

Any order requires prior review and express acceptance of the Terms and Conditions, indicated by checking a box. The applicable Terms and Conditions are those in effect on the date of the order; LULUMARY may modify them at any time for future orders.

Article 2 — Products

The Products offered are those listed on the Website on the date of viewing, subject to availability. Each product page lists the Product’s essential characteristics: description, composition, colors, sizes, care instructions, and price.

The photographs illustrating the Products are as accurate as possible but are not contractually binding: color variations may occur depending on the screen, for which LULUMARY assumes no liability.

If a Product becomes unavailable after an order is placed, LULUMARY will notify the Customer as soon as possible by email; the order for the Product in question will be canceled and refunded within fourteen (14) days at the latest.

Article 3 — Prices

Prices are listed in euros, inclusive of all taxes, at the VAT rate in effect on the date of the order, excluding shipping costs indicated prior to final order confirmation. The invoiced price is the one confirmed in the order confirmation email.

LULUMARY may change its prices at any time; Products are billed at the rate in effect when the order is placed. In the event of a discount promotion, the reference price is the lowest price charged during the preceding thirty (30) days (Article L. 112-1-1 of the French Consumer Code). For all shipments outside the European Union, the Customer is responsible for taxes and customs duties in the destination country.

Article 4 — Payment

The price is payable in full upon order confirmation, by credit card (Carte Bleue, Visa, Mastercard, American Express), PayPal, or Apple Pay.

Payments are processed through the secure Sogecommerce platform: banking data, which is encrypted (SSL protocol, 3-D Secure authentication), is transmitted directly to the service provider without passing through LULUMARY’s servers, which never have access to it.

LULUMARY reserves the right to refuse any order from a Customer with whom there is a payment dispute, and to cancel any order presenting a risk of fraudulent use of a payment method, if necessary after requesting supporting documentation. The Products remain the property of LULUMARY until full payment has been received, with risks being transferred under the terms of Article 7.

Article 5 — The Order

The Customer selects the Products (model, size, color) and adds them to their shopping cart, the contents of which they can review and modify at any time. To confirm their order, the Customer logs in or provides their exact contact information (name, shipping and billing addresses, email, phone number), selects a shipping method, accepts the Terms and Conditions by checking the appropriate box, and then proceeds to payment.

A confirmation email summarizing the order is sent to the Customer along with the Terms and Conditions in a durable medium; the sale is final only upon receipt of this email and payment of the purchase price. A shipping notification email containing a tracking link is sent on the day of shipment.

Article 6 — Delivery

Orders are shipped, at the Customer’s discretion, via Chronopost or a pickup point, to the following areas: Metropolitan France, Monaco, and the European Union. The shipping costs and delivery times for each method—which are free for purchases of €90 or more in Metropolitan France—are displayed before the order is confirmed; the delivery address cannot be a P.O. box. If the recipient is absent, the package will be held at the post office or pickup location indicated on the delivery notice.

Unless a specific timeframe is specified, delivery will occur no later than thirty (30) days after the contract is concluded (Article L. 216-1 of the French Consumer Code). In the event of a breach, the Customer may require LULUMARY to deliver within a reasonable additional period and, failing that, terminate the contract in writing on a durable medium (Article L. 216-6); the Customer will then be reimbursed no later than fourteen (14) days (Article L. 216-3).

Risk passes to the Customer when they physically take possession of the Products (Article L. 216-4). The Customer must inspect the condition of the package upon receipt and report any issues to the carrier and customer service as soon as possible; the absence of such reservations does not deprive the Customer of their rights. LULUMARY is automatically liable for the proper performance of the contract, including when it uses carriers (Article L. 221-15).

If a package is returned due to an incorrect address provided by the Customer or failure to pick it up within the specified time frame, any reshipment will incur additional charges upon the Customer’s consent; otherwise, the order will be refunded, less any shipping costs incurred.

Article 7 — Returning a Product: Right of Withdrawal and Warranties

7.1. Legal Right of Withdrawal

In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the Customer has fourteen (14) days from receipt of their order to withdraw from the contract without giving any reason; simply returning the package does not constitute withdrawal. The Customer must return the Products no later than fourteen (14) days after providing notice.

LULUMARY will refund the full amount paid, including the initial shipping costs (at the lowest standard rate), no later than fourteen (14) days after notification; the refund may be deferred until the Products are received or proof of shipment is provided, via the original method of payment. In the event of a partial cancellation, the flat-rate shipping fee will be refunded only if the cancellation covers the entire order. The right of cancellation does not apply to clearly personalized Products or to unsealed Products that cannot be returned for hygiene reasons (Article L. 221-28).

7.2. LULUMARY Return Policy

Beyond the legal right, the Customer has fifteen (15) days following receipt to return an item in its original condition: intact, not worn beyond a simple try-on, unwashed, in its original packaging, with the tag still attached. Any Product that has been damaged or otherwise diminished in value may be refused under this policy.

The request is made through the customer account, under the “My Orders” section: the Customer receives a return authorization via email—which is required to process the refund—and a shipping label, then ships the package to: LULUMARY — Returns Department, Fashion Center – Lot 26, 70 avenue Victor Hugo, 93300 Aubervilliers. Return shipping is free in mainland France. A return shipping fee will be deducted from the refund for returns from Europe; the amount depends on the region of the country. Cash-on-delivery packages will be refused; the return shipment is at the Customer’s risk, so tracked shipping is recommended.

Refunds are issued within ten (10) business days of receipt of the return, provided the above conditions are met. LULUMARY does not offer exchanges: the Customer must place a new order and return the original Product.

7.3. Legal Warranties

LULUMARY is bound by the legal warranty of conformity (Articles L. 217-3 et seq. of the Consumer Code) and the warranty against hidden defects (Articles 1641 et seq. of the Civil Code). All requests should be directed to customer service (Article 13); the costs of returning a non-conforming or defective Product, or one delivered in error, are covered by LULUMARY via a prepaid return label.

Article 8 — Data Protection

LULUMARY processes the Customer’s personal data for the management and administration of orders, the preparation and shipment of Products, the handling of complaints, returns, and customer relations, fraud prevention, and, subject to consent, marketing purposes. This processing is based on the performance of the contract or pre-contractual measures, in accordance with the GDPR and the French Data Protection Act. The data may be transferred, solely for these purposes, to the Seller’s service providers: [e-commerce platform, payment processor, carriers, email marketing, web analytics — list to be completed]. The data is retained for as long as necessary to fulfill these purposes, unless there is a legal obligation to retain it.

The Customer has the rights of access, rectification, erasure, restriction, objection, and data portability, which they may exercise by contacting customer service and providing proof of identity; LULUMARY will respond within a maximum of one month. The Customer may file a complaint with the CNIL (www.cnil.fr) and register on the Bloctel do-not-call list (www.bloctel.gouv.fr). Details regarding data processing and cookies are provided in the Site’s privacy policy.

Article 9 — Liability – Force Majeure

LULUMARY is automatically liable for the proper performance of the obligations arising from the contract (Article L. 221-15 of the French Consumer Code), except in cases of non-performance attributable to the Customer, to an unforeseeable and insurmountable act by a third party, or to force majeure; no provision herein shall limit the Customer’s right to compensation.

LULUMARY shall not be held liable for any inconvenience or damage inherent in the use of the Internet—including service interruptions, external intrusions, computer viruses—that occur through no fault of its own, nor in the event of force majeure as defined in Article 1218 of the Civil Code, including strikes by postal services or carriers, disruption of supply from the manufacturer, total destruction or loss of inventory, or any other exceptional event beyond its control. If the impediment lasts longer than sixty (60) days, either party may terminate the contract, and the Customer shall be refunded within fourteen (14) days.

Article 10 — Intellectual Property

All elements of the Site, whether visual or audio, are protected by copyright and intellectual property rights worldwide. Any reproduction, in whole or in part, as well as any framing or deep-linking, is strictly prohibited without the prior written consent of LULUMARY; failure to comply with this prohibition constitutes an infringement that may result in civil and criminal liability for the perpetrator.

Any unauthorized reproduction or use of the trademark, for any purpose and on any medium whatsoever, is prohibited. The purchase of a Product does not entail any transfer of intellectual property rights.

Article 11 — Promotional Offers and Newsletters

Subject to prior consent, LULUMARY may send the Customer promotional offers and newsletters via email or through its social media channels. The Customer may unsubscribe at any time, free of charge, by clicking the link included in each message or by writing to [service-client@lulumary.com]. Promotional offers and discount codes are subject to their own terms and conditions; unless otherwise stated, they cannot be combined, are not retroactive, and are not redeemable for cash.

Article 12 — Entire Agreement

These Terms and Conditions and the order summary sent to the Customer together form a contractual agreement constituting the entirety of the contractual relationship between the parties; in the event of any conflict between these documents, the Terms and Conditions shall prevail. Unless proven otherwise, the data recorded by LULUMARY and its service providers constitutes proof of the communications, orders, and payments made between the parties.

Article 13 — Governing Law – Competent Courts

These Terms and Conditions and the contractual relationship between the parties are governed by French law, with the French version being the sole authoritative version, without prejudice to any mandatory provisions offering greater protection in the country of residence of a Customer from the European Union.