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LUNERYS

GENERAL TERMS AND CONDITIONS OF SALE

GENERAL TERMS AND CONDITIONS OF SALE

 

 

Last updated: [May 20, 2025]

 

 

Article 1 – LEGAL NOTICE

 

This website, accessible at the URL www.lunerys.com (the “Website”), is published by:

 

Quantiris, a company with capital of 5,000 euros, registered with the Trade and Companies Register of Marseille under number 977 492 354 R.C.S. Marseille, whose registered office is located at 116 traverse le Mée 13008 Marseille, represented by SABEUR Rami, duly authorized,

 

 

(hereinafter referred to as the “Operator”).

 

 

 

 

The Operator's individual VAT number is: FR40977492354.

 

The Website is hosted by Wix Online Platform Limited, located at 1 Grant's Row, Dublin 2 D02HX96, Ireland, (telephone or email: (+1) 415 358 0857).

 

 

The Website's Publication Director is SABEUR Rami.

 

The Operator can be contacted at the following telephone number: 07 67 71 33 33 and at the following email address: contact@lunerys.com.

Article 2 – GENERAL PROVISIONS RELATING TO THESE TERMS AND CONDITIONS

 

The general terms and conditions of sale (the “General Terms and Conditions of Sale,” or the “GTC”) apply exclusively to the online sale of services offered by the Operator on the Website.

The GTC are made available to customers on the Website, where they can be viewed directly, and can also be sent to them upon request by any means.

 

The GTC are binding on the customer, who acknowledges, by ticking a box provided for this purpose, that they have read and accepted them before placing an order. The validation of the order by its confirmation constitutes acceptance by the buyer of the GTC in force on the day of the order, which are stored and reproduced by the Operator.

 

The GTC are also systematically sent with any order confirmation sent to the Customer by the Operator. All Customers are therefore deemed to have read and accepted without reservation all the provisions of the GTC, which shall apply to all services provided by the Operator. The GTC shall prevail over any contrary clauses and conditions that may appear in the general terms and conditions of purchase or any other document issued by the Customer. Any contrary conditions imposed by the Customer shall therefore be unenforceable against the Operator unless expressly accepted by the Operator. However, the Operator reserves the right to derogate from certain clauses of the GTC depending on negotiations with the Customer, by establishing special terms and conditions of sale (in particular by concluding a service contract) which shall be approved by the Customer.

Article 3 – DESCRIPTION OF SERVICES

 

The Site is an online sales site for market research services (hereinafter the “Service(s)”) open to any natural or legal person using the Site (the “Customer”). The Services presented on the Site are each the subject of a description mentioning their essential characteristics. The photographs illustrating the Services do not constitute a contractual document. The Services comply with the requirements of French law in force.

 

The Customer remains responsible for the terms and conditions of their access to the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as Internet service providers, which remain the responsibility of the Customer. In addition, the Customer shall provide and be entirely responsible for the equipment necessary to connect to the Site.

 

The Customer acknowledges that they have verified that the computer configuration they are using is secure and in good working order.

Article 4 – CREATION OF THE CUSTOMER ACCOUNT

 

To place an order on the Site, the Customer must first create their personal customer account. Once created, to access it, the Customer must log in using their username and secret, personal, and confidential password. It is the Customer's responsibility not to disclose their username and password in accordance with the provisions of the PERSONAL DATA section of these Terms and Conditions. Each Customer undertakes to maintain strict confidentiality regarding the data, in particular the username and password, enabling them to access their customer account. The Customer acknowledges that they are solely responsible for access to the Service via their username and password, except in the event of proven fraud. Each Customer also undertakes to inform the Operator immediately in the event of loss, misappropriation or fraudulent use of their username and/or password.

After creating their personal customer account, the Customer will receive an email confirming the creation of their customer account.

When registering, the Customer undertakes to:

 

- provide information that is true, accurate, and up-to-date at the time of entry in the service registration form, and in particular not to use false names or addresses, or names or addresses without authorization.

- keep registration data up-to-date to ensure that it is always true, accurate, and up-to-date.

 

The Customer further undertakes not to make available or distribute any information that is illegal or objectionable (such as defamatory information or information constituting identity theft) or harmful (such as viruses). Otherwise, the Operator will be entitled to suspend or terminate the Customer's access to the Site at its sole discretion.

 

Article 5 – ORDERS

 

When placing an order, the Customer must select the Services chosen, add them to their basket, indicating the Services selected and the quantities desired. The Customer has the opportunity to check the details of their order and its total price, and to return to the previous pages to correct the contents of their basket, if necessary, before confirming it.

 

The Customer undertakes to read the General Terms and Conditions then in force before accepting them and confirming the terms and conditions and any delivery and withdrawal costs prior to payment of their order. Confirmation of the order implies acceptance of the GTC and forms the contract.

The Customer's attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places an order, they must confirm it using the “double-click” technique, i.e. after selecting the Products added to the basket, the Customer must check and, if necessary, correct the contents of their basket (identification, quantity of products selected, price, delivery terms and costs) before confirming it by clicking on “I confirm my delivery”, then acknowledges acceptance of these T&Cs before clicking on the “I pay” button, and finally confirms their order after filling in their bank details. The “double click” constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes irrevocable and unreserved acceptance of the order by the Customer.

 

The Operator shall archive communications, order forms, and invoices on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, order forms, and invoices may be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitutes proof of all transactions between the Operator and its Customers.

A copy of these General Terms and Conditions as accepted by the Customer will be sent to the Customer by email at the time of confirmation of their Order so that the latter may refer to them.

 

The contractual information relating to the order (including, in particular, the order number) will be confirmed by email in good time and at the latest at the time of delivery. The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is made available to the Customer by email. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.

 

Any email sent to the Customer in connection with an order will be sent to the email address used by the Customer to identify themselves in their customer account.

The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that:

● The Customer does not comply with the General Terms and Conditions in force at the time of their order;

● The Customer's order history shows that sums remain outstanding from previous orders;

● One of the Customer's previous orders is the subject of a dispute currently being processed;

● The Customer has not responded to a request for confirmation of their order sent to them by the Operator.

 

The Operator shall archive the Service sales contracts in accordance with applicable legislation. Upon request to the following address contact@lunerys.com, the Operator shall provide the Customer with a copy of the contract to which the request relates.

Any modification of the order by the Customer after confirmation of their order is subject to the Operator's agreement.

 

The information provided by the Customer when placing the order is binding on the Customer. Thus, the Operator cannot be held liable in any way in the event that an error in the order prevents or delays delivery.

 

The Customer declares that they have full legal capacity to commit to these Terms and Conditions.

Registration is open to adults and minors, provided that the latter are under the supervision of a parent or guardian with parental authority. Under no circumstances is registration permitted on behalf of a third party unless the person registering is validly authorized to represent that third party (e.g., a legal entity). Registration is strictly personal to each Customer.

In the event of a breach by the Customer of any of the provisions herein, the Operator reserves the right to terminate the Customer's account without notice.

 

Article 6 – PAYMENT TERMS AND SECURITY

The Customer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires payment of a price in exchange for the provision of the Service ordered.

 

The Customer is informed that the Service cannot be made available until the Operator has received full payment of the sums due from the Customer.

The Operator uses the online payment solution [Online payment solution].

Orders can be paid using one of the following payment methods:

 

 

● Payment by credit card. Payment is made directly on the secure banking servers of the Operator's bank; the Customer's bank details are not transmitted via the Website. The bank details provided during payment are protected by SSL (Secure Socket Layer) encryption. This means that these details are not accessible to third parties.

 

The Customer's order is registered and validated upon acceptance of payment by the bank.

The Customer's account will only be debited for the corresponding amount when (i) the credit card details have been verified and (ii) the debit has been accepted by the bank that issued the credit card.

If the amounts due cannot be debited, the sale will be immediately canceled.

 

The credit card may be refused if it has expired, if it has reached the maximum spending limit to which the Customer is entitled, or if the details entered are incorrect.

 

 

 

● Payment by electronic wallet (such as PayPal). The Customer already has an account with the electronic wallet used by the Operator. The Customer can use this account to pay for their order securely without providing their bank details.

 

 

 

 

Article 7 – PAYMENT OF THE PRICE

The price of the Services in force at the time of the order is indicated in US dollars including all taxes (TOTAL) on the Website. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the period of the promotion.

The price is payable in US dollars (USD) exclusively.

 

The price is payable in full after confirmation of the order. The prices offered include any discounts and rebates that the Operator may grant.

The total amount due by the Customer and its breakdown are indicated on the order confirmation page.

Article 8 – RIGHT OF WITHDRAWAL

The Customer shall have a withdrawal period of fourteen (14) calendar days from the conclusion of the contract, in accordance with Article L. 221-19 of the French Consumer Code.

 

 

 

In accordance with Article L.221-21 of the French Consumer Code and in order to exercise this right of withdrawal under the conditions of Articles L. 221-18 et seq. of the French Consumer Code, the Customer is invited to complete the standard withdrawal form by clicking on the link below [Link to the withdrawal form].

 

The Operator will send an acknowledgment of receipt of the Customer's withdrawal request by email.

Where applicable, the Customer may exercise their right of withdrawal by notifying the Operator of the following information:

- name, geographical address, telephone number, and email address;

- decision to withdraw by means of an unambiguous statement (e.g., letter sent by post, fax, or email, provided that these contact details are available and therefore appear on the standard withdrawal form). The Customer may use the model withdrawal form, but this is not mandatory.

 

The exceptions in Article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, in particular if the order consists of a contract (in particular):

 

1° The provision of services that have been fully performed before the end of the withdrawal period and whose performance began after the consumer's prior express agreement and express waiver of their right of withdrawal;

2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the professional's control and which are likely to occur during the withdrawal period;

8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limits of the replacement parts and work strictly necessary to meet the urgency;

11° Concluded at a public auction;

12° Provision of accommodation services, other than residential accommodation, transport services, car rental, catering or leisure activities which must be provided on a specific date or during a specific period;

13° For the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer's prior express agreement and express waiver of their right of withdrawal.

The Operator shall reimburse the Customer for the sums due within fourteen (14) days of receipt of all the information required to process the Customer's refund. This refund may be made using the same means of payment as that used by the Customer. In this respect, Customers who have paid for their order in the form of credit notes/gift vouchers may be refunded by credit notes/gift vouchers at the Operator's discretion.

By accepting these Terms and Conditions, the Customer expressly acknowledges that they have been informed of the withdrawal policy.

Article 9 – CUSTOMER SERVICE

The Customer may contact the Operator:

● at the following number 07 67 71 33 33 during the following opening hours Monday to Friday from 10 a.m. to 12 p.m. and from 2 p.m. to 5 p.m.

 

● by email at contact@lunerys.com, indicating their name, telephone number, the subject of their request, and the order number concerned.

Article 10 – INTELLECTUAL PROPERTY AND LICENSE OF USE

 

 

The Operator is the sole owner of all elements present on the Site, including, without limitation, all text, files, animated or non-animated images, photographs, videos, logos, designs, models, software, trademarks, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the “Elements”) which are protected by French and international laws and regulations relating in particular to intellectual property.

Consequently, none of the Elements of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, free of charge or for a fee, by a Customer or by a third party, regardless of the means and/or media used, whether known or unknown to date, without the prior express written authorization of the Operator on a case-by-case basis, and the Customer shall be solely liable for any unauthorized use and/or exploitation.

 

 

 

ARTICLE 11 – LIABILITY AND WARRANTY

The Operator declares that it has taken out insurance covering its professional and contractual liability.

 

 

The Operator cannot be held liable for the non-performance of the contract due to the Customer or due to an event classified as force majeure by the competent courts or due to the unforeseeable and insurmountable actions of any third party to the present contract.

 

The Customer acknowledges that the characteristics and constraints of the Internet do not allow for the security, availability, and integrity of data transmissions over the Internet to be guaranteed. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or error. In particular, their operation may be temporarily interrupted for maintenance, updates, or technical improvements, or to develop their content and/or presentation.

 

The Operator cannot be held liable for any use of the Site and its services by Customers in violation of these Terms and Conditions, nor for any direct or indirect damage that such use may cause to a Customer or a third party. In particular, the Operator cannot be held liable for false statements made by a Customer or for their behavior towards third parties. In the event that the Operator is held liable for such behavior by one of its Customers, the latter undertakes to indemnify the Operator against any judgment rendered against it and to reimburse the Operator for all costs, including attorneys' fees, incurred in its defense.

 

 

 

 

 

ARTICLE 12 – PERSONAL DATA

Each Customer is solely responsible for maintaining the confidentiality of their username and password, and is solely responsible for all access to their Customer Account, whether authorized or unauthorized.

 

The Operator cannot be held liable for any action or damage caused via the Customer's personal space by a third party who has gained access to their username and password as a result of a fault or negligence attributable to the Customer. The Customer undertakes to inform the Operator immediately if they become aware of or suspect unauthorized use or unauthorized access to their personal space.

 

For more information about the use of personal data by the Operator, please read the Privacy Policy (the “Policy”) carefully. You can consult this Policy at any time on the Site.

Article 13 – HYPERTEXT LINKS

 

The hypertext links available on the Site may refer to third-party sites not published by the Operator. They are provided solely for the convenience of the Customer, in order to facilitate the use of resources available on the Internet. If the Customer uses these links, they will leave the Site and agree to use the third-party sites at their own risk or, where applicable, in accordance with the terms and conditions governing them.

 

The Customer acknowledges that the Operator does not control or contribute in any way to the development of the terms of use and/or content applicable to or appearing on these third-party sites.

Consequently, the Operator cannot be held liable in any way for these hypertext links.

 

Furthermore, the Customer acknowledges that the Operator cannot endorse, guarantee or accept responsibility for all or part of the terms of use and/or content of these third-party websites.

The Website may also contain promotional hypertext links and/or advertising banners linking to third-party websites not published by the Operator.

 

The Operator invites the Customer to report any hypertext link on the Site that would allow access to a third-party site offering content that is contrary to the law and/or public decency.

The Customer may not use and/or insert a hypertext link pointing to the site without the prior written consent of the Operator on a case-by-case basis.

 

Article 14 – REFERENCES

The Customer authorizes the Operator to mention the Customer's name and logo as a reference in its communication media (brochures, website, commercial proposals, press relations, press releases, press kits, internal communications, etc.).

 

ARTICLE 15 – GENERAL PROVISIONS

ENTIRE AGREEMENT

These General Terms and Conditions constitute a contract governing the relationship between the Customer and the Operator. They constitute the entire rights and obligations of the Company and the Operator relating to their subject matter. If one or more provisions of these General Terms and Conditions are declared null and void pursuant to a law, regulation or following a final decision by a competent court, the other provisions shall remain in full force and effect. Furthermore, the fact that one of the parties to these General Terms and Conditions does not invoke a breach by the other party of any of the provisions of these General Terms and Conditions shall not be interpreted as a waiver on its part of the right to invoke such a breach in the future.

MODIFICATIONS TO THE TERMS AND CONDITIONS

 

The Operator reserves the right to modify the content of the Site or the services available on it at any time and without notice, and/or to temporarily or permanently cease operating all or part of the Site.

 

In addition, the Operator reserves the right to modify the location of the Site on the Internet, as well as these Terms and Conditions, at any time and without notice. The Customer is therefore required to refer to these Terms and Conditions before using the Site. IN THE EVENT OF MATERIAL CHANGES AND IN THE CASE OF CONTINUOUS/ONGOING SERVICES, THE USER WILL BE INFORMED BY EMAIL AND BY A NOTICE ON THE SITE BEFORE THE CHANGE IS IMPLEMENTED.

 

The Customer acknowledges that the Operator cannot be held liable in any way whatsoever towards them or any third party as a result of such modifications, suspensions or terminations.

 

The Operator advises the Customer to save and/or print these Terms and Conditions for safe and permanent storage, so that they can be invoked at any time during the performance of the contract if necessary.

COMPLAINTS - MEDIATION

In the event of a dispute, you should first contact the company's customer service department at the following address: contact@lunerys.com.

 

If the complaint to customer service is unsuccessful or if customer service does not respond within ten (10) days, the Customer may submit the dispute relating to the order form or these T&Cs between them and the Operator to the following mediator: : [identity and contact details of the mediator].

 

The mediator will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse mediation and, in the event of mediation, to accept or refuse the solution proposed by the mediator.

APPLICABLE LAW

 

These General Terms and Conditions are governed by, interpreted, and applied in accordance with French law.

ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE CUSTOMER

The Customer acknowledges that they have carefully read these General Terms and Conditions.

By registering on the Website, the Customer confirms that they have read and accept the General Terms and Conditions, thereby becoming contractually bound by the terms of these General Terms and Conditions.

 

The General Terms and Conditions applicable to the Customer are those available on the date of the order, a copy of which, dated on that day, may be provided to the Customer upon request. It is therefore specified that any modification of the General Terms and Conditions made by the Operator shall not apply to any order placed prior to such modification, unless expressly agreed by the Customer placing a given order.

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