General Terms and Conditions

Article 1 – Definitions

In these General Terms and Conditions, the following terms shall have the following meanings:

Withdrawal period: the period during which the consumer may exercise their right of withdrawal;

Consumer: the natural person who is not acting in the course of a professional or commercial activity and who enters into a distance contract with the entrepreneur;

Day: calendar day;

Duration contract: a distance contract relating to a series of products and/or services for which the delivery and/or purchase obligations are spread over a period of time;

Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;

Right of withdrawal: the consumer’s right to withdraw from the distance contract during the withdrawal period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract concluded as part of an organized system for the distance sale of products and/or services, without the simultaneous physical presence of the consumer and entrepreneur, using exclusively one or more means of distance communication;

Means of distance communication: any means that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same place at the same time;

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Scope

These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed, before the contract is concluded, that the General Terms and Conditions can be inspected at the entrepreneur’s premises and will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, notwithstanding the preceding paragraph, the text of these General Terms and Conditions may be made available electronically before the contract is concluded, in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, the consumer will be informed before the contract is concluded where the General Terms and Conditions can be consulted electronically and that they will be sent free of charge upon request, electronically or otherwise.

If, in addition to these General Terms and Conditions, specific product or service conditions apply, the preceding provisions shall apply accordingly and, in the event of conflicting terms, the consumer may rely on the provision that is most favorable to them.

If one or more provisions of these General Terms and Conditions are at any time declared wholly or partially void or invalid, the remainder of the contract and these General Terms and Conditions shall remain in force. The provision concerned will be replaced without delay, by mutual agreement, with a provision that reflects the original intention as closely as possible.

Situations not covered by these General Terms and Conditions must be assessed in accordance with their spirit.

Any ambiguity regarding the interpretation or content of one or more provisions shall be interpreted in accordance with the spirit of these General Terms and Conditions.

Article 3 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.

The offer is non-binding. The entrepreneur reserves the right to modify and amend the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these shall be a true representation of the products and/or services offered. Obvious errors or mistakes in the offer shall not bind the entrepreneur.

All images, specifications, and information included in the offer are indicative and cannot give rise to compensation or termination of the contract.

Product images are a true representation of the products offered. However, the entrepreneur cannot guarantee that the colors displayed exactly match the actual colors.

Each offer contains clear information enabling the consumer to understand the rights and obligations associated with accepting the offer, including:

the price, excluding customs clearance fees and import taxes, with these additional costs being borne at the customer’s expense and risk;
any delivery costs;
how the contract will be concluded and the actions required for this purpose;
whether or not the right of withdrawal applies;
the methods of payment, delivery, and performance of the contract;
the period for accepting the offer or the period during which the price remains valid;
the applicable rate for the use of means of distance communication if this differs from the standard rate;
whether the contract will be archived and how the consumer can access it;
the means by which the consumer can check and correct the information provided before concluding the contract;
the languages available for concluding the contract, in addition to English;
the codes of conduct to which the entrepreneur is subject and how these can be consulted electronically;
the minimum duration of the distance contract in the case of a duration contract.

Optional information may include available sizes, colors, and types of materials.

Article 4 – The Contract

Subject to the applicable provisions of these General Terms and Conditions, the contract is concluded when the consumer accepts the offer and fulfills the conditions attached to it.

If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of this acceptance electronically. Until this confirmation has been sent, the consumer may terminate the contract.

If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.

Within the limits permitted by law, the entrepreneur may verify whether the consumer is able to meet their payment obligations, as well as any relevant circumstances necessary for responsibly entering into the distance contract. If the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or attach special conditions to its execution, provided reasons are given.

The entrepreneur shall provide the consumer, in writing or on a durable medium, with the following information:

the physical address of the entrepreneur’s establishment where complaints can be submitted;
the conditions and procedure for exercising the right of withdrawal, or a clear statement that this right is excluded;
information concerning warranties and after-sales service;
relevant information relating to the contract, unless this has already been provided;
the termination conditions if the contract has a duration of more than one year or is for an indefinite period.

In the case of a duration contract, this provision applies only to the first delivery.

Every contract is concluded subject to the condition that the relevant products are sufficiently available.

Article 5 – Right of Withdrawal

When purchasing products, the consumer has a period of 30 days in which to withdraw from the contract without giving any reason. This period begins on the day following receipt of the product by the consumer or a designated representative.

During the withdrawal period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to assess its nature, characteristics, and operation.

To exercise the right of withdrawal, the consumer must notify the entrepreneur in writing or by email within 30 days of receiving the product. The product must then be returned within 30 days. The consumer must be able to provide proof that the product was dispatched within the required period.

Otherwise, the sale shall be considered final.

Article 6 – Costs in the Event of Withdrawal

The consumer is responsible for the cost of returning the product.

Amounts paid will be refunded within a maximum of 30 days following withdrawal, provided that the product has been received or proof of a complete return has been provided.

Article 7 – Exclusion of the Right of Withdrawal

The right of withdrawal may be excluded for products that are:

manufactured according to the consumer’s specifications;
clearly personal in nature;
unable to be returned due to their nature;
liable to deteriorate rapidly;
priced according to fluctuations in the financial market;
newspapers and magazines;
unsealed audio/video recordings and software;
unsealed hygiene products.

For services, the right of withdrawal may be excluded for:

accommodation, transport, catering, or leisure services provided on a specific date;
services commenced with the consumer’s express consent before the end of the withdrawal period;
betting and lotteries.

Article 8 – Prices

Prices will not be increased during the stated validity period, except in the event of changes to applicable tax rates.

Products subject to fluctuations in the financial market may be offered at variable prices.

Price increases within three months are permitted only if required by statutory provisions.

All prices are subject to typographical errors.

Article 9 – Identity of the Entrepreneur

Company name: Lunea Québec
Email: info@thesculptboutique.com

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of quality and/or usability, and the statutory and regulatory provisions in force on the date the contract is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for a purpose other than its normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer shall not affect the consumer’s statutory rights and remedies against the entrepreneur under the law and the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur cannot be held responsible for the ultimate suitability of the products for a specific individual application by the consumer, nor for any advice provided concerning the use or application of the products.

The warranty does not apply if:

the consumer has repaired or modified the delivered products themselves or has had them repaired or modified by third parties;
the delivered products have been exposed to abnormal conditions, treated negligently, or handled contrary to the entrepreneur’s instructions and/or the instructions on the packaging;
the defect results wholly or partly from regulations imposed by authorities concerning the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur shall exercise the greatest possible care when receiving and fulfilling orders for products.

The place of delivery shall be the address provided by the consumer to the company.

Subject to the provisions of these General Terms and Conditions, accepted orders shall be fulfilled as soon as possible and no later than within 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed or if an order cannot be fulfilled, or can only be partially fulfilled, the consumer shall be informed no later than 30 days after placing the order. In such cases, the consumer is entitled to terminate the contract without charge and may be entitled to compensation.

In the event of termination in accordance with the preceding paragraph, the entrepreneur shall refund the amounts paid by the consumer within a maximum of 30 days following termination.

If delivery of an ordered product proves impossible, the entrepreneur shall endeavor to offer a replacement item. Upon delivery, it shall be clearly stated that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. Any return shipping costs shall be borne by the entrepreneur.

The risk of damage to and/or loss of the products remains with the entrepreneur until delivery to the consumer or a designated representative, unless expressly agreed otherwise.

Article 12 – Duration Contracts: Duration, Termination and Renewal

Termination

The consumer may terminate at any time a contract concluded for an indefinite period involving the regular supply of products or services, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract involving the regular supply of products or services at the end of the agreed term, subject to a notice period of no more than one month.

The consumer may terminate the contracts referred to above:

at any time, without being restricted to a specific period or date;
using the same method by which the contract was concluded;
with the same notice period that the entrepreneur has reserved for themselves.

Renewal

A fixed-term contract may not be automatically renewed or extended for another fixed term.

As an exception, a contract for the regular supply of newspapers, magazines, or periodicals may be automatically renewed for a maximum period of three months, provided that the consumer can terminate the renewed contract at the end of this period with a notice period of no more than one month.

A fixed-term contract may only be automatically renewed for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, or three months where deliveries occur less frequently than once a month.

A trial or introductory contract may not be automatically renewed and shall end automatically at the end of the trial period.

Duration

If a contract has a duration of more than one year, the consumer may terminate it at any time after one year, subject to a notice period of no more than one month, unless early termination would be contrary to the principles of reasonableness and fairness.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days from the start of the applicable withdrawal period.

In the case of a contract for the provision of services, this period begins upon receipt of the contract confirmation by the consumer.

The consumer must immediately notify the entrepreneur of any inaccuracies in the payment information provided or stated.

In the event of non-payment, the entrepreneur is entitled, within the limits permitted by law, to charge the consumer reasonable costs that have been communicated to them in advance.

Article 14 – Complaints Procedure

Complaints concerning the performance of the contract must be submitted to the entrepreneur in full and with clear reasons within seven days after the consumer discovers the defects.

Complaints submitted to the entrepreneur will receive a response within 30 days of receipt. If a complaint requires a longer processing period, the entrepreneur shall send an acknowledgment of receipt within this period, together with an indication of when a final response can be expected.

If the complaint cannot be resolved amicably, a dispute arises that may be submitted to a dispute resolution procedure.

A complaint does not suspend the entrepreneur’s obligations unless otherwise stated by the entrepreneur in writing.

If a complaint is deemed justified by the entrepreneur, the entrepreneur shall, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes and Applicable Law

Contracts concluded between the entrepreneur and the consumer to which these General Terms and Conditions apply shall be governed exclusively by the laws of Québec, even if the consumer resides abroad.