PREAMBLE
These general terms and conditions of sale govern all purchases of unclaimed parcels from MysteryLyx, a simplified joint stock company with capital of €10. 000 €, registered with the Registre du Commerce et des Sociétés de Luxembourg under number ***, whose registered office is located at Address***Luxembourg (hereinafter the “Seller”), either directly in corners shops (hereinafter the “Shop”) within the framework of ephemeral sales organized by the Seller, or on the Internet site mysterylux.lu (hereinafter the “Site”) published by the Seller.
ARTICLE 1 – PURPOSE
The general terms and conditions of sale are concluded between the Vendor and any non-trading individual (“You”) wishing to make a purchase in the Shop or on the Site.
You must be at least eighteen years of age to make a valid purchase in the Shop or on the Site.
By making a purchase from the Vendor, You acknowledge that You have read the present General Terms and Conditions of Sale and accept them unreservedly.
ARTICLE 2 – PRODUCTS
The products governed by these general terms and conditions of sale are those offered for sale by the Vendor in the Shop or on the Site (the “Products”). They are offered while stocks last.
The Products are unclaimed packages offered for sale by the Vendor as is, without prior opening. They are sold by weight. The Vendor has no knowledge of their content and You expressly accept that the content may not correspond to Your expectations, without the Vendor being held liable in this respect.
ARTICLE 3 – PRICES
Product prices are quoted in Euros, inclusive of all taxes. They include VAT and any reductions applicable on the date of the order.
Prices are determined solely on the basis of the weight of the packages and not on the potential value of their contents, which is unknown to the Vendor.
For purchases made on the Site, Product prices are exclusive of delivery charges. The amount of delivery charges will be specified before the order is confirmed.
If one or more taxes or contributions, notably environmental, are created or modified, either upwards or downwards, this change may be reflected in the selling price of the Products on the Site and on the various sales media.
However, a price cannot be modified once your order has been validated.
ARTICLE 4 – ORDERING ON THE SITE
You may place your order online via the Site.
Once your basket has been validated, You must enter your e-mail address, delivery address and delivery method, validate your means of payment and accept these GTS by ticking the box reserved for this purpose, this last step formalizing the sales contract with the Vendor.
Any order implies acceptance of the prices and descriptions of the Products available for sale.
The Vendor will acknowledge receipt of your order as soon as it has been validated by sending you an e-mail with a copy of these terms and conditions in PDF format.
In the event of unavailability of an ordered Product, You will be informed by e-mail.
For any questions relating to the tracking of an order, You may contact the Vendor’s customer service department via the Site.
ARTICLE 5 – PAYMENT METHODS ON THE SITE
You may pay for your order on the Site:
– by credit card: Carte Bleue, Visa, Mastercard, American Express.
Credit card payments are debited at the time the order is placed.
ARTICLE 6 – DELIVERY OF PRODUCTS ORDERED ON THE SITE
When placing an order on the Site, the Vendor may offer You different delivery methods, depending in particular on the size of the Product and your delivery address.
Products are delivered to Metropolitan France and abroad.
Delivery times depend on the delivery method chosen and the place of delivery. They will be specified at the time of ordering for information purposes only.
ARTICLE 7 – RIGHT OF WITHDRAWAL
8.1. No right of withdrawal for Boutique purchases
You are reminded that you have no right of withdrawal for purchases made directly in the Shop. No product will be taken back or exchanged by the Vendor.
8.2. Limited right of withdrawal for purchases on the Site
For distance purchases made on the Site, You have in principle a right of withdrawal of fourteen (14) calendar days from the date of receipt or collection of your entire order.
However, given the specific nature of the sale of unclaimed parcels and the uncertainty surrounding their contents, this right of withdrawal will only apply if You have not yet opened the parcel.
Subject to this reservation and during the aforementioned 14-day period, You may return the unopened Product, without having to justify Your decision or pay any penalty. You must, however, cover the cost of returning the Product.
To exercise your right of withdrawal, You may either use the standard withdrawal form reproduced in Appendix 1 hereto, or make any unambiguous statement indicating your intention to return the Product to the Vendor, in particular by declaring your return online from your customer account in the section dedicated to returns.
The Vendor will acknowledge receipt of your return by e-mail.
You must then return the Products concerned to the Vendor, at the latest within fourteen (14) days of your withdrawal, to the address specified by the Vendor.
The Vendor undertakes to refund all sums paid, including the first “outward” delivery charges, upon receipt of the Product.
If You do not return your order in full and retain one or more of the Products ordered, the amount of the first “one-way” delivery charges will not be refunded by the Vendor.
Reimbursement will be made via the payment method used for the returned order.
Please note that if you open the Product yourself, no returns will be accepted by the Vendor, and no refunds will be made.
ARTICLE 8 – LEGAL GUARANTEES
In view of the specific nature of sales of unclaimed parcels, the contents of which are unknown to the Vendor, the said contents of the Products are not covered by the legal guarantee of conformity (articles L. 217-1 et seq. of the French Consumer Code) or the legal guarantee against hidden defects (articles 1641 et seq. of the French Civil Code), which you expressly acknowledge and accept.
The Vendor’s warranty is thus expressly limited to the conformity of the Product in terms of its weight alone, as indicated when it was put on sale, it being specified that a difference of + or – 200 grams cannot be considered as a conformity defect.
In this case, You may request the replacement of the Product or, failing this, the reduction of the price or the cancellation of the contract under the conditions of articles L. 217-14 et seq. of the French Consumer Code.
ARTICLE 9 – TRANSFER OF RISK
The transfer of risks relating to the Products occurs at the time of delivery of the Products by the Vendor.
This transfer takes place when You take possession of the Products in the Shop or when they are delivered to You in the case of a purchase on the Site.
In particular, you expressly accept that the contents of the Products purchased are subject to change.
ARTICLE 10 – LIABILITY
The Vendor, who is unaware of the content of the Products sold, cannot be held liable in any way whatsoever for any direct or indirect damage caused to You and/or to any third party in connection with the content of the Products and/or if all or part of this content proves to be illegal under the applicable legislation (products prohibited from sale, counterfeit products, etc.).
You undertake to destroy any illicit content at your own expense and guarantee the Vendor against any recourse by a third party in this respect. The Vendor shall not be held liable in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure as defined by French case law.
Likewise, the Vendor shall not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses, in connection with the use of the Site.
ARTICLE 11 – PERSONAL DATA
When you make a purchase both in the Shop and on the Site, the Vendor may collect personal data (e-mail address, surname, first name, etc.).
This information is collected and managed by the Vendor and is processed by computer for the following main purposes:
– to formalize your acceptance of the general terms and conditions of sale;
– managing the order placed on the Site;
– customer service management.
This data may be communicated to any subcontractors (carriers, etc.) in a secure manner for the purposes of contract execution.
Personal data is stored using all appropriate physical, technical and organizational measures to ensure its security and confidentiality, with a view to protecting it against loss, accidental destruction, alteration and unauthorized access.
The length of time data is kept varies according to the purposes for which it was collected and the applicable regulations.
In accordance with the General Data Protection Regulation n°2016/679 (RGPD), and Law n°78-17 of January 6, 1978 as amended relating to information technology, files and freedoms, You have the right to access, rectify, oppose, delete, port and limit your data. You can already define directives concerning the conservation, deletion and communication of your data in the event of your death. You may exercise your rights by contacting the Vendor by post at the registered office address or by e-mail at contact@mysterylux.com.
In the event of a complaint against the Vendor, You may contact the Commission Nationale Informatique et Libertés (CNIL), whose website is www.cnil.fr.
ARTICLE 12 – CONSUMER MEDIATION
In accordance with European Directive 2013/11/EU of May 21, 2013 transposed into French law by Ordinance no. 2015-1033 of August 20, 2015 and Decree no. 2015-1382 of October 30, 2015, the Seller provides You with a free mediation scheme for consumer disputes with an organization whose contact details will be sent to You on request. However, recourse to mediation is only possible on condition that (i) You have first attempted to resolve the dispute directly with the Vendor by means of a written complaint for which no response has been provided within two months of receipt of said complaint or for which no satisfactory follow-up has been provided by the Vendor, (ii) your request is not manifestly unfounded or abusive and (iii) the dispute has not already been examined by another mediator or by a court. You have one year from the date of your written complaint to the Vendor to submit your request to the aforementioned mediator.
At European level, the European Commission provides an online dispute resolution platform (www.ec.europa.eu/consumers/odr).
ARTICLE 13 – APPLICABLE LAW AND JURISDICTION
These General terms and conditions of sale are governed by French law.
In the event of a dispute, the place of jurisdiction shall be the defendant’s domicile or, at the plaintiff’s option, the place of actual delivery of the Product.
APPENDIX 1
RETRACTION FORM
This form must be completed and returned only if you wish to cancel your order, in accordance with the applicable general terms and conditions of sale.
PRIVACY POLICY
At MysteryLux, we are committed to protecting your privacy and ensuring the security of your personal information. This Privacy Policy explains how we collect, use, share, and protect your personal data when you use our website or services.
1. Collection of Personal Data: We collect personal information such as your name, email address, postal address, phone number, payment information, and any other information you choose to provide to us when you interact with our website or services.
2. Use of Personal Data: We use your personal information to provide, operate, and improve our services, process your orders, communicate with you, personalize your experience, send you information about our products and services, and for any other purposes described at the time of collection.
3. Sharing of Personal Data: We do not sell, rent or share your personal information with third parties, except in the following cases: with your consent, to respond to a legal or regulatory request, to protect our rights or property, or to ensure the safety of our company, our customers or the public.
4. Protection of Personal Data: We implement technical, administrative and physical security measures to protect your personal information against unauthorized access, misuse, disclosure, alteration or destruction.
5. Cookies and Similar Technologies: We use cookies and other similar technologies to collect information about your use of our website and services, in order to personalize your experience, analyze trends, and measure the effectiveness of our marketing campaigns.
6. Retention of Personal Data: We retain your personal information for as long as necessary to fulfill the purposes for which it was collected, as well as to comply with our legal and regulatory obligations.
7. User Rights: You have the right to access, correct, update or delete your personal information. You also have the right to object to the processing of your personal data or request the limitation of their processing, subject to the exceptions provided by law.
8. Minors: Our website and services are not intended for children under the age of 13, and we do not knowingly collect personal information from them.
9. Changes to the Privacy Policy: We reserve the right to modify this privacy policy at any time and without notice. Any changes will be posted on this page.
By using our website or services, you consent to the collection and use of your personal information in accordance with this privacy policy.
If you have any questions or concerns about this privacy policy, please contact us at contact@mysterylux.com
RETURN POLICY
At MysteryLux, we are committed to ensuring customer satisfaction at every stage of their shopping experience. If for any reason you are not completely satisfied with your purchase, we are here to help you with our simple and transparent return policy.
General Return Conditions: Return period: Products can be returned within 14 days of receipt of the order. Please note that returned items must be in their original condition and in their original closed packaging, with all labels attached.
Products excluded from the return policy:
All opened packages.
Return process:
To initiate a return, please contact our customer service by sending an email to contact@mysterylux.com. You will need to provide the order number you wish to return. Our team will then provide you with a return authorization number and detailed instructions for the return process. Please note that return costs are the responsibility of the customer.
Return costs :
These are the responsibility of the customer, unless there is an error on our part.
Refunds: Once we have received and inspected the returned item, we will refund you within 8 business days. The refund will be made using the original payment method used for the purchase, unless otherwise indicated by the customer. If the item, its weight or its packaging do not match the shipment, MysteyLux reserves the right not to refund the item.
Exchanges: We do not offer direct exchanges.
Customer Service: Our customer service is available to answer all your questions regarding returns and to provide you with any necessary assistance. You can contact us by email at contact@mysterylux.com from Monday to Friday from 10:00 a.m. to 6:00 p.m., except on public holidays.
At MysteryLux, we strongly believe in transparency and strive to make the return process as simple and hassle-free as possible for our customers. Thank you for your trust and continued support.