General Terms and Conditions

From the LUCIELA S.R.L. team we would like to inform the USER that the use of this website implies his/her consideration as a USER, being applicable the general conditions of use detailed in this document. The terms and conditions of the online purchase will only be applicable to the USER when he/she makes the purchase of any of our products and has received the proof of purchase and the conditions associated with it.

 

These General Conditions of contracting and use, are intended to regulate the provision of information provided in the online store LUCIELA.EU, as well as commercial transactions arising between the USERS at https://luciela.eu. These general conditions apply solely and exclusively to end CONSUMERS. They will not be considered as such those companies or individuals, legal or natural persons, distributors of products or any other susceptible to resale of product, regardless of consumption as end users.

    1. IDENTITY AND OWNER OF THE WEBSITE

LUCIELA S.R.L. is the owner, proprietor and manager of the website https://luciela.eu.

The sale of articles on this website is carried out under the name LUCIELA.EU by LUCIELA S.R.L., a Belgian company with CIF BE0769341741, domiciled at Rue du Panama 31, 6250 Aiseau-Presles, Belgium. 

You can contact us via e-mail, writing to us at hello@luciela.eu.

    1. GENERAL CONDITIONS OF USE

As has already been stated, the contents of this legal notice and these conditions of use has a legal figure of CONTRACT and therefore implies an obligation between the parties (LUCIELA S.R.L. and the USER).

 

2.1 LINK POLICY OF THIS WEBSITE

Both this website and its e-commerce may contain links to other websites or mention other cooperative websites, for which the owners of the same will be responsible. LUCIELA.EU is not responsible in any way for any problems or infringements of rights that websites owned by other sites may pose to the USER. Please read their Legal Notices.

LUCIELA.EU does not recommend, promote or identify itself, nor does it guarantee, represent, sponsor, or endorse any linked website or third-party ownership that may be named commercially by USERS. LUCIELA.EU is not aware of the contents and services of the linked sites or third parties that appear on our website and, therefore, is not responsible directly or indirectly for damages of any kind caused by the content and/or services of web links or for any other damage that is not directly attributable to this website.

LUCIELA.EU team appreciates that in the event that the USER considers that there is a web link with illegal or inappropriate content, they communicate it to the email address: hello@luciela.eu, committing ourselves to removing the content, or link, as soon as possible.

 

2.2 RULES OF USE, RIGHTS AND EXCLUSIONS OF LIABILITY 

 

2.2.1 USER RIGHTS

All visitors to the website, by the mere fact of acquiring the status of USERS and browsing the website, have the following rights:

    • You have the right to clear, concise and updated information on the services offered and their commercial embodiment. 
    • You have the right to know the costs associated with the contracting of a service before contracting it.
    • You have the right not to provide personal data that are not necessary for the operation in question.
    • You have the right to the protection of your personal data. 
    • You have the right to be informed about the purpose and further uses of personal data collected. And to have this information understandable to the general public.
    • You have the possibility to exercise your rights of access, rectification, cancellation, opposition, portability and oblivion of your personal data. And that these rights are exercised not only electronically but also physically. Likewise, the USER has the right to obtain a response. For more information about these rights and their exercise or response time, please read our "Data Protection and Privacy Policy".
    • You have the right to be informed of the receipt of commercial information or advertising and to freely give your consent. 
    • You have the right to be informed of the use and purpose of cookies or other data storage devices if any. For more information we recommend reading our "Cookie Policy".

2.2.2 USER OBLIGATIONS AND NON-COMPLIANCE WITH USER CONDITIONS

 

As a USER you agree to make proper use of the contents, services and products that are accessible through this website, subject to the law, morality and public order, as well as these Terms of Use, respecting at all times other users of the same.

 

2.2.3 INTELLECTUAL AND INDUSTRIAL PROPERTY

 

The website, the pages it includes and the information or elements contained therein, hereinafter the CONTENT, are protected by intellectual or industrial property rights, of which LUCIELA.EU owns and/or holds a licence or express authorisation for use and public communication by the legitimate third-party owners of the same for inclusion on this website.

 

Specifically, the USER is not authorised to proceed to the reproduction, total or partial reinterpretation, use, exploitation, distribution, alteration, dissemination or sale for commercial purposes of the contents of this website without the prior express authorisation of LUCIELA.EU. 

 

Any unauthorised use will be considered a serious breach of intellectual or industrial property rights, and may result in claims for compensation.

 

2.2.4. ERRORS IN THE CONTENT

 

At LUCIELA.EU we make every effort to provide accurate, adequate and updated information. However, it is possible that there may be a typographical error, beyond the control of LUCIELA.EU. In this case we will correct it as soon as we detect it. If it is the USER who detects the error, please notify us at hello@luciela.eu. 

 

If there is a typographical error in any of the prices shown and a USER has made a purchase decision based on this error, we will inform him/her of this error and he/she will have the right to cancel the purchase without any cost on his/her part. Similarly, it is possible that the contents of the website may show, on occasion, provisional information about some products. In the event that the information provided does not correspond to the characteristics of the product, the USER will have the right to cancel the purchase without any cost on his/her part. 

 

However, and in compliance with the provisions of art. 11 and 16 of the LSSI-CE, LUCIELA.EU is available to all USERS, authorities and security forces, to collaborate actively in the removal, or if necessary blocking, of all content that could affect or contravene national or international law, rights of third parties or morality and public order. 

 

In this way, in case the USER considers that there may be any illegitimate content, we would be grateful if he/she could notify us immediately through the following email: hello@luciela.eu.

    1.  
    1. TERMS AND CONDITIONS OF ONLINE PURCHASING

The products offered through the website https://luciela.eu have varying characteristics, and for this reason we recommend the complete reading of our legal notices and the technical specifications of each one of our products before making a purchase. 

 

This website allows the purchase of products as a guest, so you will only be asked for the data essential for the processing of your order.

 

3.1 PURPOSE OF THE CONTRACT

 

Without prejudice to compliance with any general requirements established by LUCIELA.EU, you can execute the purchase of products available on the site https://luciela.eu following the process enabled for such means. The purpose of this contract will be precisely the online purchase of the products offered through our website. 

 

3.2 CATALOGUE, PRODUCT FEATURES

 

At LUCIELA.EU we offer a stock service.

 

All products in our catalogue are accompanied by information about the basic features and additional information about the product. You are solely responsible for verifying that these features meet your expectations before making a purchase. 

You should note that, due to technical or other reasons beyond our control, actual colours, textures and sizes may vary from those shown on your screen.

You can find our product catalogue published on our website. If the product is out of stock it cannot be added to the "Shopping cart" to make the purchase.

All orders are subject to product availability. If there are difficulties in the supply of products or if there are no items left in stock, we will refund any amount you may have paid. 

 

3.3 PRICING, PAYMENT METHODS AND SHIPPING

 

3.3.1 PRICING

 

The prices applicable to each of the products are published on our website. Before making a purchase, the full price of the product will appear, including VAT and other taxes, as well as any expenses that may arise from the purchase. 

 

LUCIELA.EU may make any changes it deems appropriate, and may update products and services depending on the market. These changes will not be applied to purchases already made of our products, and the price paid for by  the USER will be maintained

 

3.3.2 PAYMENT METHODS

 

Payment will be made automatically through one of the payment platforms STRIPE or PAYPAL. We recommend reading the terms and conditions and privacy policy of STRIPE or PAYPAL respectively, available on their respective websites.

 

By way of this legal text, the USER declares to be fully aware that LUCIELA.EU works with the services of STRIPE and PAYPAL, and agrees to use the services of STRIPE and PAYPAL, of whose terms and conditions and privacy policy they are also aware.

 

The USER expressly agrees that LUCIELA.EU will not bear responsibility for any liability to any person which may arise from the use of the services of STRIPE or PAYPAL, and agrees to accept their terms and conditions and privacy policy.  

 

3.3.3 PURCHASING PROCESS

 

During the validation of the purchasing process you agree to pay the fees described for each of the products offered on our website. Before you are charged, you will be presented with all applicable fees, including taxes, shipping costs or any other type of additional cost to the price of the product.

 

All orders placed through the website are contracts with obligation to pay. 

 

Upon completion of the purchase process on the website you will receive an email confirmation within 24 hours to the email provided by the USER. From that moment, you acknowledge having been informed of all the general conditions that involve the purchase of the product and that are on the website. If, after reading these contractual conditions, you are not satisfied, you may exercise your right of withdrawal as indicated in section 3.6 CHANGES AND RETURNS POLICY of these Terms and Conditions. 

 

Likewise, you are aware of the particular characteristics of the chosen product and object of the purchase, as published on our website. 

 

LUCIELA.EU informs you that for legal reasons archives electronic documents in which purchases are formalized, which the USER can access by requesting them to hello@luciela.eu or consulting them in your personal account, if you are registered on our website. 

 

3.3.4 ORDER PROCESSING AND SHIPPING

 

Once the purchase is made, LUCIELA.EU will process and ship the order within 3 working days for products in stock. 

Once the order has been prepared and shipped by LUCIELA.EU, delivery will be made within 5 business days.  

As soon as the order is with DHL, you will receive an email from DHL with a link to track the shipment. Via this e-mail you will be able to select a delivery date from those proposed by the agency, and in certain cases modify the delivery address or replace the home delivery option with delivery to a DHL collection point. If any modification involves an additional cost, you will be informed of this by the transport agency. We recommend that you read DHL's terms and conditions before making any changes to your shipment. 

 

The shipping times indicated in these Terms and Conditions are approximate and may vary slightly depending on the products purchased and the shipping address selected, as well as for reasons beyond LUCIELA.EU's control. In any case, in compliance with applicable regulations, the order will be delivered no later than 30 calendar days from the date of the Order Confirmation. 

GIFT PURCHASES

All our orders come wrapped in tissue paper and ribbon. We do not include the receipt in the box so it is possible to send the orders directly to a recipient as a gift, but please note that the box will be a standard cardboard box with the shipping label attached. At the moment, we do not offer other gift wrapping options, but we will introduce them in the future.

 

Please refer to our "Shipping and Returns Policy"available on the website. 

 

3.4 ORDER CANCELLATION

 

If you change your mind or have made a mistake when ordering a product, you can inform us at the email address hello@luciela.eu. If the order has not yet been shipped, we will modify or cancel it as requested, and we will refund the full amount in case of cancellation. In the event that the order has already been shipped, or LUCIELA.EU can not cancel the collection by DHL, no change or cancellation will be possible. In this case, you can withdraw from the purchase as set out in section 3.6 CHANGES AND REFUNDS POLICY of these Terms and Conditions.

 

3.5 LEGAL GUARANTEES

 

All rights guaranteed to CONSUMERS and USERS by the laws in force are guaranteed.

 

In case of defective product, LUCIELA.EU shall proceed, as appropriate, to repair or replace the product or refund the amount, steps that will be free of charge for the CONSUMER and USER. 

 

LUCIELA.EU responds to the lack of conformity that become apparent within three years of delivery of the products. The CONSUMER and USER must inform LUCIELA.EU of the lack of conformity within two months of becoming aware of it. For more information see our "Shipping and Returns Policy".

 

To exercise this right, please send an email to: hello@luciela.eu. 

 

3.6 EXCHANGES AND RETURNS POLICY

 

3.6.1 RIGHT OF WITHDRAWAL

 

You will have a period of 14 calendar days from receipt of the goods to terminate the contract, without justification. To meet the withdrawal period, it is sufficient that the communication concerning the exercise by you of this right is sent before the expiry of the deadline, following the provisions of section 3.6.3 WITHDRAWAL PROCEDURE of this text. You shall bear the direct cost of returning the products.

 

It is not possible to exchange items. If you would like a different product, you will need to return the original item and place a new order.

 

3.6.2 CONDITIONS OF WITHDRAWAL

 

The right of withdrawal shall not apply in the following cases, as well as in the rest of the exceptions provided for in Article 103 of Law 3/2014:

    • For the supply of goods made to the USER's specifications or clearly personalised.
    • Given the nature of the products offered by LUCIELA.EU on its website, for reasons of health protection and hygiene, returns of products without their wrapping, packaging, hygiene stickers or when they show signs of having been tampered with are not allowed. The products must have the hygiene stickers and the rest of the labels intact. Under no circumstances will returns of thongs be accepted, as due to their characteristics we cannot ensure the necessary health or hygiene protection in accordance with the applicable regulations. 
    • If the product has been used or shows signs of wear and tear due to unnecessary, unjustifiable and/or unacceptable handling. You shall only be liable for the diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the products.
    • If the product has been handled in an improper manner that causes damage to the product. 
    • If the purchased product is returned without any of the accessories with which it was delivered.  

All of the above without prejudice to the legal guarantees recognised in the previous section of this legal text.

 

Once the correct condition of the returned product has been verified, LUCIELA.EU will proceed to refund the amount within 3 working days, and in any case within a maximum of 14 calendar days, using the same means of payment used by you for the initial transaction. The time it will take for the refund to appear in your account may vary depending on the payment provider, STRIPE or PAYPAL.

 

The USER shall bear the direct costs of returning the products. Therefore, the price to be returned is the price originally stated in the order, minus the return costs, which vary depending on the country of origin and the return method selected. 

 

3.6.3. WITHDRAWAL PROCEDURE

 

You have the option of exercising your right of withdrawal via the "Shipping & Returns" page on the website https://luciela.eu. You can request information about the process by writing to hello@luciela.eu.

 

If you wish, you can use the following form (you only have to fill in and send this form if you wish to withdraw from the contract) or exercise your right by any other unequivocal statement:

 

Withdrawal form template

 

For the attention of LUCIELA.EU, S.R.L. 

I hereby inform you that I wish to cancel the purchase of the product _______, with reference _________. 

 

Purchase information: 

    • Order No.
    • Date of purchase
    • Name of CLIENT 
    • Email address
    • Address

    • Date


Order return method.

 

Once we have registered the return we will email you the return shipping label, which you will need to attach to the package. You may choose to drop off the package at the nearest DHL collection point or, in certain countries for an additional charge, DHL can pick it up at your home address. We advise all USERS to retain the proof of receipt issued by DHL.

 

Specifically, the return costs can be found in the "Shipping & Returns" section.

 

You must communicate your decision to withdraw from the contract and return the products to us with DHL without undue delay, and at the latest within 14 calendar days from the date of receipt of the order. If you choose a different shipping method, you must pay the cost of such shipment. The deadline shall be deemed to have been met if you return the goods to DHL before the deadline has expired. 

 

If you choose a different shipping method, you should check the cost of the return with the DHL transportation centre you are contacting. 

The item to be returned, in any case, must be properly packaged for its return, and it is the USER who must ensure that it is in optimal condition.

 

3.6.4 CONSEQUENCES OF WITHDRAWAL

 

In case of withdrawal on your part, LUCIELA.EU will refund all payments made by you, including shipping costs for the initial delivery, provided that a delivery method other than the least expensive one established by LUCIELA.EU has not been chosen by the USER, within 3 business days, without any undue delay and in any case no later than 14 calendar days from the date on which the correct condition of the returned product has been checked.  

 

We will proceed to make the refund using the same payment method you used for the initial transaction. 

 

LUCIELA.EU will withhold the refund until it has received the goods and verified that they comply with the provisions of paragraph 3.6 EXCHANGES AND RETURNS POLICY of this legal text for the exercise of the right of withdrawal. 

 

3.7 FALSE ORDERS OR FALSE IDENTITIES

 

Each order is linked to a specific IP address, which is not normally used for any specific function. However, we reserve the right to use them to take legal action against those who make false orders of material, without any intention to collect it or pay for it, or simply use the right of withdrawal for uses other than this. In these situations, we will act by way of criminal proceedings, under the protection of the established legal system, and in collaboration with police means for this purpose, the appropriate measures will be taken to put an end to these fraudulent orders.

 

  1.  COMMUNICATIONS

By accepting these Terms and Conditions and using this website, you agree that communications with us are made through electronic means, including the provision of the receipt, ticket or invoice that may apply to your contracting with LUCIELA.EU. 

 

The issuance of the electronic invoice is conditional upon the CONSUMER's consent. You may revoke your consent at any time. To do so, you can write to the email address hello@luciela.eu indicating unequivocally your wish to revoke such consent. 

 

The receipt of documentation and communications by electronic means shall in no way affect your statutory rights.

 

To unsubscribe from commercial communications, the USER must click on the option "Unsubscribe" in the respective communications or send an e-mail to hello@luciela.eu with the subject: "Unsubscribe from commercial communications".

 

  1. CUSTOMER SERVICE 

For any questions, suggestions, queries or complaints about the online store LUCIELA.EU, you can contact us by email at: hello@luciela.eu. We will respond as soon as possible and, in any case, within the legally established period. Likewise, we have official complaint forms available to CONSUMERS and USERS. You can request them by writing to us at hello@luciela.eu.

 

In addition, the USER has the option of using the European Union's Online Dispute Resolution system accessible through the following link:

 

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

 

For any change or correction in the data you have provided, you can write to hello@luciela.eu, indicating the errors and the correction of the same. LUCIELA.EU undertakes to correct such errors as soon as possible. 

 

  1. PRIVACY AND COOKIE POLICY

In compliance with European regulations on the protection of personal data, LUCIELA.EU ensures full compliance with the obligations described therein, as well as the implementation of security measures under the Law on Protection of Personal Data (Law 3/2018 hereinafter LOPDGDD) and new European Regulation (EU) 2016/679, hereinafter GDPR 

 

For more information about the treatment of your data, it is important that you read and understand our "Data Protection and Privacy Policy"and "Cookie Policy", both of which are available on this website. The LUCIELA.EU team again recommends refraining from using the website or any of its content / services if you do not agree with them. 

 

It is necessary to know that at LUCIELA.EU we collect personal data through contact forms and the integrated platform on this website. The use of your personal data will be to provide the requested services. In the event that we want to make different use of such personal data, you will be asked for express consent in advance. 

 

Although it is necessary to accept the "Data Protection and Privacy Policy", which informs you in more detail about the use and processing of your data, every USER has the possibility to exercise their rights of access, rectification, limitation, portability, cancellation or opposition, by writing to the following email address: hello@luciela.eu.

 

 In the "Cookie Policy"we inform you that the LUCIELA.EU website uses cookies for the proper functioning of this website.

 

  1. APPLICABLE LAW AND JURISDICTION

LUCIELA.EU is based in Spain and so is bound by the Spanish and European laws on contracting.

 

In case of conflict, the competent Court or Tribunal shall be that of the USER's or CONSUMER's domicile.

 

If the USER accesses this site from a location outside of Spain, he/she is responsible for complying with all applicable local and international laws.