Terms and Conditions
Legal information and terms and conditions of use
Last Updated: 28/08/2024
These “Legal information & terms and conditions of use” are drafted in the English.
Access to the website www.lunperfect.com its versions optimised for browsing on mobiles and tablets, (hereinafter the “Website”), as well as the use of its contents, is subject to the following Legal information & terms and conditions of use. Accessing and browsing the Website constitutes unconditional acceptance by the visitor of the following Legal information & terms and conditions of use:
Website publisher
The Website is published by:
– Company name: SWIFT MIRAGE (hereinafter “L’ Unperfect”)
– Legal form: Sociedade LIMITADA
– Address of registered office: Swift MIrage Lda, Apartado 79, EC Alges – Lisboa, 1496 -901 Alges, Portugal
– Registration number: 518107469
– Email address: contact@lunperfect.com
Acceptable use
The visitor acknowledges that he/she has the necessary skills and means to access and use the Website; in particular, he/she acknowledges that he/she has verified that the computer equipment with which he/she connects to the Website (computer, smartphone, etc.) does not contain any viruses and that it is in perfect working order.
More specifically, visitors agree not to use the Website or its content for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, abusive, threatening, harmful or that which infringes or may infringe intellectual property or other rights of third parties.
Warranty
The information provided on the Website is for information purposes only.
L’ Unperfect endeavors to make its best efforts to ensure the accuracy and updates of the information distributed on the Website and reserves the right to correct, at any moment without prior notice, its contents. However, L’ Unperfect cannot guarantee the accuracy, precision and exhaustivity of information available on the Website.
As a result, L’ Unperfect accepts no responsibility whatsoever: for any imprecision, inaccuracy or omission with regard to information available on the Website, for any damage resulting from the intrusion by a third party leading to modification of the information available on the Website, and, more generally, for any damage, direct or indirect, to the extent permitted by law, for whatever cause, origin, nature and consequence, brought about by anyone having access to the Website or the impossibility of accessing the Website; likewise for the use of the Website and/or credit granted to any information emanating directly or indirectly from the latter.
Furthermore, L’ unperfect declines any liability for any interruption or malfunctioning of the Website or any occurrence of bugs.
Data collected
Visitors are likely to provide data including personal data (for example name, post address, email address, etc.). Please see L’ unperfect Data Protection Policy accessible on the Website or here which describes how L’ unperfect will use, process and protect the personal information and the data submitted by visitors when, for example, creating an account, purchasing products and when the visitor isotherwise using the Website.
In accordance with EU Regulation 2016/679 of 27 April 2016 on the protection of personal data (GDPR), visitors have the right to consult, modify and delete any data concerning them. Visitors can read about all of their rights by reading L’ Unperfect Data Protection Policy. Visitors may exercise these rights at any time by contacting L’ Unperfect through contact@lunperfect.com..
L’ Unperfect has installed the means to ensure the security of files constituted from personal data collected on the Website. However, L’ Unperfect is not able to control the risks linked to operation of the Internet and would draw the visitor’s attention to the existence of possible risks concerning the confidentiality of data transiting through this network and accepts no responsibility whatsoever concerning this risk.
Hypertext links
The creation of hypertext links to the Website may only be done so with the prior, written authorization of L’ Unperfect, which may be revoked at any time. L’ Unperfect accepts no responsibility whatsoever concerning the contents of websites linked to the Website.
Unilateral change to the conditions
L’ Unperfect informs visitors to the Website that these conditions may be changed at any time without prior notice. These modifications are published online and are considered to be accepted unconditionally by all visitors accessing the Website following their publication online.
Severability
If any clause of these Legal information & terms and conditions of use is found to be invalid due to a change in legislation or regulations or a court decision, this cannot in any way affect the validity of and compliance with the other clauses of Legal information & terms and conditions of use.
Applicable law and jurisdiction
The present Legal information & terms and conditions of use are governed by Portuguese law subject to the mandatory rules of the visitor’s country of residence and the visitor can bring legal proceedings in the Portuguese courts subject to the mandatory rules of the visitor’scountry of residence or settle the dispute through an alternative dispute resolution mechanism, as set out below.
Information on alternative dispute settlement: The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be accessed via the external link http://ec.europa.eu/consumers/odr/ . L’ Unperfect is not obliged to participate in a conciliation procedure and unfortunately cannot offer participation in such a procedure.
General Terms And Conditions Of Sale
Last updated: 23/11/23
These Terms apply to all sales of products made to you, the customer, via www.Lunperfect.com (the “Website”). Please read these Terms carefully before submitting your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
By placing an order with us, you confirm that you agree to these Terms. If you do not agree to the Terms, please do not place any orders through the Website.
We reserve the right to make changes to these Terms at any time, without prior notice, and the new version of the Terms will apply to any offer or order placed on the Website after the new version has been posted. We therefore advise you to make sure that the Terms are suitable for you each time you place an order. The Terms are printable. Furthermore, a pdf version of the effective Terms will be attached to our order confirmation email.
You can contact us through our customer service which is available to you as follows:
Opening hours: 10 am – 9 pm Monday to Friday excluding Bank Holidays in France (the “Customer Service”).
Email address: contact@Lunperfect.com
If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order or in the “contact us”questionnaire.
We propose through our Website a specific secure remote ordering and remote payment service (the “Remote ordering and payment service”) available from the Customer Service, for the Products offered on the Website.
Our products
The products offered for sale are the ones displayed on the Website on the day you consult the Website, subject to available stocks. The images of the products on our Website are for illustrative purposes only and although every effort is made to display colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images.
Our contract with you
Orders
To place an order on the Website, you have to be an individual, a non-trade customer, aged of at least 18 and with full legal capacity.
If you wish to place an order, you have to select the products and the quantity of products that you wish to order and add them in your basket by clicking on the button “SHOP”. Please note that you can consult the summary of your order at anytime by clicking on the icon of your basket and/or during the check out process. After having filled your basket, you are invited to click on the button “PROCEED TO CHECK OUT” and provide your e-mail address, the billing address, the desired delivery address and the information relating to the chosen method of delivery, the amount of any delivery charges being specified at this stage.
You can also contact the Customer Service to benefit from the Remote ordering and payment service. In this case, you have to indicate to the Customer Service the products available on the Website and the quantity that you wish to order. The products are added to the basket by the Customer Service. Once the basket is filled, the Customer Service finalizes your order according to your choices and indications (choice of samples, packaging personalization option, verification of your delivery address and any information required to complete your order).
Before clicking on the “PAY AND ORDER” button, you have the possibility to :
– check or request Customer Service to check the details of your order and its total price,
– correct or request Customer Service to correct any errors made in entering the data or modify the order by returning to the previous steps or by browsing the Website.
To definitively validate and finalize your order, you must:
– read these Terms and expressly accept them by clicking on the button “PAY AND ORDER” before making payment for your order,
– click or give your consent to Customer Service to click on the button “PAY AND ORDER” to proceed to the secure payment of your order. Upon authorization of the debit of your bank account by the bank, your order is transmitted to L’ unperfect.
Our acceptance of your order will take place only when we send you an order confirmation email at the email address provided by you and you accept by placing an order the use of email to receive our confirmation of your order. At this point, a contract for the sale and purchase of the ordered products will come into existence between you and us. Theconfirmation email will show all details of products purchased, delivery addresses, billing address, delivery option, delivery costs, your unique reference number, the total sum deducted from your credit or debit card account, packaging options and will contain a pdf version of the effective Terms. We recommend that you keep this email for your records.
Please note that the contract is set out in the language of the order (i.e. English).
It will be archived for a period not exceeding the period required to fulfil the purposes for which it was archived.
If you have any questions about an order, please contact our Customer Service using the contact details in article 1. It will help us if you can tell us the order number whenever you contact us about your order.
If we are unable to accept your order we will inform you of this by email and will not charge you for the products. This might be because:
– the product is out of stock,
– payment agencies including the payment service provider used by L’ unperfect to detect credit card frauds refused the authorization of payment per credit/debit card,
– we have identified an error in the price, as provided below, or description of the product,
– you have exceeded our Maximum Purchase Policy set out below,
– we need to deal with technical problems with the product or make minor technical changes
– we need to update the product to reflect changes in relevant laws and regulatory requirements.
Please note that we are unable to process orders to a P.O Box address.
Price and Payment
The price of the products (which includes VAT) is displayed throughout your online journey, either visible in the basket on the top banner of the website or on the checkout pages when you place an order. To the extent permitted by law, if there is a change in the rate of VAT between your order date and the date we supply the products, we will adjust the rate of VAT that you pay, unless you have already paid for the products in full before the change took effect.
We take all reasonable care to ensure that the price of the products advised to you is correct but in the unlikely event that the products are incorrectly priced, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
Products shall be paid in EUR.
You can pay for products using the following payment options:
CREDIT / DEBIT CARDS ACCEPTED:
– MasterCard
– Visa
For payment of orders placed through the Remote ordering and payment service, you can only use these debit/credit cards. You have to enter your card number, its expiry date and the visual cryptogram into the secure payment system via a link you receive by e-mail to the address provided by you.
IMPORTANT INFORMATION:
For your security and to avoid any fraudulent transactions, your billing name and address must match that of the credit card used for payment. We reserve the right to cancel any order that does not match these criteria.
Maximum Purchase Policy
Products are sold on a retail basis to individuals for personal use only. As a result, for the purpose of protecting L’ unperfect’s brand image and distribution system, we limit any orders to no more than five (5) units of any item per order.
In any case, you declare that you are acting as a consumer and that you exclude any intention of direct or indirect resale of one or several products for commercial purposes.
Order Cancellations
Occasionally, orders or parts of an order are cancelled by our system for various reasons. Some reasons are:
– products(s) not available;
– difficulty in processing payment information;
– refusal of authorization of payment per credit card by payment agencies including the payment service provider used by L’ unperfect to detect credit card frauds;
– cannot deliver to address provided;
– duplicate order was placed.
If your order is cancelled by us, you will receive an email from us. Your original payment method will be refunded for the appropriate amount.
If you wish to change or cancel your order prior to dispatch please call our Customer Service(see contact details in article 1) with your order number, to discuss what practical options are available to you. Please note as we generally process orders very quickly and dispatch orders within 1-2 days therefore it may not be possible to prevent your order from being dispatched. In this instance, please return your order once received in accordance with our returns policy which is set out below and in our Customer Service and FAQs document.
Delivery
Standard Delivery
Delivery costs will be indicated to you before your validation of the order.
Delivery time and costs depend on the delivery method you have chosen when ordering.
We offer complimentary delivery if the total amount of your order is equal or superior to €100 to the address specified by you in your order by L’ unperfect. Your order is usually delivered within 3 – 5 working days from the date your order is accepted by us. Working days are Monday through Friday excluding Portuguese bank holidays.
Please allow two additional days for deliveries to rural areas.
We will do our best to deliver the products within the time period indicated to you by L’ unperfect and at the latest within thirty (30) days as from the acceptance of the order. In case of absence of delivery in the delay indicated, you shall contact in the best delay the Customer Service at the number and/or email address indicated in article 1. In this event, the Customer Service will propose a new delivery date or the cancellation of the order and its refund.
If our supply of the products is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay (i.e. more than thirty (30) days as from the acceptance of the order), you may contact us to end the contract and receive a refund, within fourteen (14) days of the termination of the contract, for any products you have paid for but not received.
All orders require a signature upon delivery. If you are not there to receive your order, the carrier will leave contact information, a delivery card for you or will contact you to make alternative arrangements.
If, after a failed delivery to you, you and the carrier do not re-arrange delivery/collectionwithin a reasonable delay, then, either the carrier or L’ unperfect will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and you may be liable to pay us compensation.
Delivery Addresses
Unless you tell us otherwise during the ordering process, we will deliver your purchased products to the delivery address you have provided in your account information.
We will take all reasonable care to deliver to the address given. However, we will not be liable for non-delivery or mis-delivery as a result of incorrect data entry by you.
Ownership and Responsibility
Upon delivery you must check the conformity of the order with the carrier and issue all necessary reservations if any (apparent defects, damaged parcel, parcel open, etc.) on the delivery note as detailed as possible and refuse the parcel. In that case, you must also contact our Customer Service in the best delay and we will launch the appropriate inquiry.
You will be responsible for the products once they have been delivered to the address you have provided.
You own the products once we have received payment in full.
How to make a return
If you are entitled to return products, you are entitled to return the products concerned and the associated complementary items associated if any (e.g. gift(s) with purchase, sample(s)) , free of charge, with the prepaid shipping label included in the parcel received. You must affix the prepaid shipping label to the returned parcel to drop it off at a post office or a collection point. Please contact our Customer Service using the contact details in article 1 to inform us about the return. Our Customer Service will guide you if needed regarding how to return products, and/or request a repair or a replacement or a refund of the product concerned.
Please note that if you make a return using a method other than the method proposed by us (e.g. prepaid shipping label), you will be responsible and will bear fully any applicable costs and charges involved for the return of the products.
Please ensure you obtain a proof of postage when you return the products and the complementary items associated if any (e.g. gift(s) with purchase, sample(s)) to us. You should retain your proof of postage in order to provide proof to us that you have returned the products and all complimentary items (e.g. gift(s) with purchase, sample(s)), in the unlikely event that we do not receive the returned parcel.
Within the order packaging, you will find a “Return Form” with details of your order together with details of our returns process.
a) Returning Products
Products and all complimentary items (e.g. gift(s) with purchase, sample(s)) must be returned to us promptly at our distribution centre at the address provided by our Customer Service or within the “Return form” in the order packing.
In any case, please ensure that the returned parcel is properly sealed and that you obtain a proof of postage.
b) Return procedure
Notwithstanding the foregoing, if you are entitled to return products, all you have to do is send us the products concerned accompanied by the completed model of “Return form” provided by us in the parcel or as proposed in Appendix 1 or any other unambiguous written statement expressing your decision to exercise your right of withdrawal, and return the products and all complimentary items (e.g. gift(s) with purchase, sample(s)) to us to receive a refund.
Please attach the pre-filled and prepaid transport label, which has been sent to you by any appropriate mean (including but not limited to: e-mail, return form attached to the package, etc.), to your package before dropping it off at a post office.
Please note that if you make a return using a method other than the one proposed in this article and you have exercised your right of withdrawal, you will be solely responsible and will bear fully any applicable costs and charges involved for the return of the products.
c) Processing the refund, replacement or repair
1. If you have returned products because you have exercised your right of withdrawal, we will process the calculated refund, by using the original method of payment, as soon as possible and in any event within fourteen (14) days after the day we receive the returned products or (if earlier) the day on which you provide us with evidence of having sent the products back to us at our distribution center. We will not be obliged to make a refund if you cannot provide evidence that you have sent the products and all complimentary items (e.g. gift(s) with purchase, sample(s)) back to us so therefore please ensure that you retain, and are able to provide, proof of postage. Please note that a full refund will not be provided for returned products that show signs of unreasonable use.
2. If you have returned products because they are damaged, or in the event of a non-conformity or defect under the relevant statutory warranty, and if you have required us to refund partially or in full the products, we will process your refund as soon as possible and in any event within fourteen (14) days after the day we receive your returned products and if we confirm that you are entitled to a refund.
Refund will only be made against the original credit/debit card used for the purchase. You will receive email notification of your refund from our Customer Service.
3. If you have returned products because they are damaged, or in the event of a non-conformity or defect under the relevant statutory warranty, and if you have required us to repair or to replace the products, please note that we will proceed to the repair or the replacement if we confirm that you are entitled to it and provided that the option chosen by you is not impossible or disproportionate as determined by the applicable Law. Any refusal to proceed according to your choice or to bring the product into conformity will be motivated in writing or on a durable medium by our Customer Service.
If you have requested a replacement and if we accepted it, this will be processed within fourteen (14) working days of receiving your returned products and will be delivered via standard delivery. Deliveries of replacement products will be completed on the delivery terms set out above.
Our liability to you
If we fail to comply with these Terms or fail to use reasonable skill and care in relation to our arrangements with you, we are responsible to you for direct foreseeable loss and damage caused to you as a result. Loss or damage is foreseeable if it is oblivious it would happen or if, at the time the contract was made between us, both L’ unperfect and you knew it might happen.
We only supply the products to you for private use and not for commercial, business or resale purposes. We therefore will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
Data collected
Please see our Data Protection policy accessible here on the Website to understand how we will use, process and protect the personal information and the data submitted by you when creating an account, purchasing products and when you are otherwise using the Website.
We will use the data including personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving this at any time by contacting us.
We will only give your personal information to third parties in the conditions set forth in our Data Protection policy.
Intellectual property
All intellectual property rights, whatever their nature, attached to all products sold on theWebsite and the elements appearing on the Website (including in particular: texts, logos, trademarks, graphics, images, photos, videos, animations, names and any other element) are and remain the exclusive property of L’ unperfect, and are exclusively reserved to it. Under these conditions, no one is authorized to reproduce, represent, exploit, adapt, disseminate or use, by any process whatsoever, for any purpose whatsoever, in part or in full, the intellectual property rights on the products sold on the Website and the elements appearing on the Website, without the prior written consent of L’ unperfect.
Other Important Terms
We may transfer our rights and obligations under these Terms to another person or organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these Terms to another person with our prior written consent. We will not unreasonably withhold or delay our consent.
This contract is between you and us. No other person shall have any rights to enforce any of its Terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean a waiver of our rights or that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These Terms are governed by Portuguese law subject to the mandatory rules of your country of residence and you can bring legal proceedings in respect of the products in the French courtssubject to the mandatory rules of your country of residence or settle the dispute through an alternative dispute resolution mechanism, as set out below.
Information on alternative dispute settlement: The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be accessed via the external link http://ec.europa.eu/consumers/odr/ . We are not obliged to participate in a conciliation procedure and unfortunately cannot offer participation in such a procedure.