The present Terms and Conditions detail the rights and obligations of Lystale, through the Website, and of its User. They are freely accessible on the Site and will prevail, if necessary, over any other version or any other contradictory document.

Any access to the Site therefore implies the User’s unreserved acceptance of these Terms and Conditions of Use and the waiver of his or her own conditions of use. In the event of non-acceptance of these Terms and Conditions, the User must renounce access to the services offered by the Website.

The use of cookies on the Website will be the subject of a separate request for consent, which the User may revoke at any time by clicking the icon at the bottom of the page.

Lystale reserves the right to modify its Terms and Conditions of Use from occasionally to reflect any change in legal requirements. The modifications will be applicable as soon as they are published online.

If a condition of use were to be lacking, it would be considered to be governed by the obligations in force in France, in the distance selling industry.

The Website is freely accessible to the User having an Internet access, and this, from any terminal. The costs incurred by the User to access it are not the responsibility of Lystale. The Website is accessible at all times, except in case of force majeure or an event beyond the control of Lystale, and subject to possible malfunction and maintenance interventions necessary for the proper functioning of the Website and its services. Lystale’s responsibility cannot be engaged in case of impossibility of access to the Website and/or use of the services.

The User of the Website, without being a member, has access to the following services :

• Consultation of the pages ;
• Consultation of the products and placing them in the shopping cart ;
• Access to the contact form ;
• Access to the blog ;
• Subscribe to the Lystale newsletter.

The User of the Site must register to the member area, whose registration is free, to take advantage of the following services :

• Place an order ;
• Access to the member area ;
• Tracking orders ;
• Retrieve the order history ;
• Modify personal information.

The User member undertakes to provide sincere and accurate information in response to the form. This information will be used to fulfil orders placed by the User. The User member can modify his information or delete his member access at any time, directly in his member area, or by contacting us.

For more information on the management of personal data : Privacy Policy.

The brand, the logos, the signs, the Website and all the elements contained within it, including products, packaging, photos, drawings, graphic elements, marketing elements, newsletters, videos, texts, sound, etc. (hereinafter “the Content”), are protected by the French Intellectual Property Code, and more particularly by copyright, neighbouring rights, sui generis rights, design rights, manufacturing secrets or other rights of a similar nature.

Any representation, reproduction and/or exploitation of the Content, in whole or in part, is totally forbidden.

The User must obtain prior written authorization from Lystale for any representation, reproduction, and/or partial or total exploitation of the Content, and undertakes to use it strictly for private purposes by quoting the author and the source in accordance with Article L122-5 of the French Intellectual Property Code; any commercial use is strictly prohibited. Failure to comply with this clause shall constitute an infringement punishable under Article L335-2 et seq. of the French Intellectual Property Code.

For more information on the management of personal data : Privacy policy.

The User may at any time send to Lystale, by e-mail or publicly through the Website and any other medium, criticism, comments, suggestions, ideas, questions or any other information provided that such content is not illegal, obscene, abusive, threatening, defamatory, or injurious to third parties. Furthermore, such content must not consist of or contain computer viruses, political activism, commercial solicitations, mass mailings or any other form of “spam”.

The User is responsible for and is considered the owner of the content they submit, and any recourse, action or claim brought by a third party involving content published by the User will be the responsibility of the User.
The Website may exercise moderation over the publications and reserves the right to modify or delete any content submitted by the User without having to justify this to the User.

The User remains the owner of all intellectual property rights of the content he sends to Lystale, but gives Lystale the non-exclusive and free right to reproduce, modify, adapt, publish, translate, distribute and display this content worldwide, on the Website and on any other medium, unless otherwise stated by the User, for the duration of the intellectual property. Lystale undertakes to include the name of the User linked to each use of its publication.

Through the use of cookies, for which the User will have given his consent, which he can revoke at any time, Lystale is able to send the user personalised advertising material on social networks, taking into account a previous visit to the Website.

In addition, the User has the possibility to subscribe to the Lystale newsletter free of charge and receive commercial material by e-mail. The User can cancel their subscription free of charge at any time by clicking on the “unsubscribe” link in the bottom of each of our emails.

Hyperlinks may be present on the Website or on the Newsletter e-mails giving access to resources external to Lystale. Lystale has no control over the websites to which these links lead and cannot, under any circumstances, be held responsible for their content.

It is possible for a third party to create a link to a page of the Site without prior authorization from Lystale. Lystale reserves the right to request the removal of a link if it is deemed not to be in conformity with the purpose of the Website.

The information and/or documents on the Website have been obtained from sources believed to be reliable. However, the Website does not guarantee that it is exempt of defects, errors or omissions. Lystale retains the right to correct these errors, as soon as they are brought to its attention.

The information and/or documents available on the Website may be modified, updated or deleted at any time. Lystale cannot be held responsible for any damage of any kind resulting from the interpretation or use of the information and/or documents available on the Website.

The User is responsible for the risks related to the use of his login to the member area and his password. The User’s password must remain secret and Lystale cannot be held responsible in case of disclosure of the password.

The present Terms and Conditions of Use are established in the French language, which can be found here. Only the French document shall be deemed authoritative in the event of a dispute.

Lystale’s responsibility cannot be called into question in case of force majeure or due to a third party.

Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by them, despite all reasonably possible efforts.

Thus, any malfunction of the server, hosting or network cannot engage the responsibility of Lystale.

The Website undertakes to implement all means to ensure the security and confidentiality of data, however the Website cannot guarantee total security.

For more information on the management of personal data : Privacy Policy.

Applicable law

The present Terms and Conditions of Use are subject to the French law.
In the event of a dispute or claim, the User shall first contact Lystale to obtain an amicable solution by e-mail at the following address : reclamation@lystale.com.

Mediation

If the User has not obtained satisfaction after contacting Lystale directly, they may contact the Centre de la Médiation de la Consommation de Conciliateurs de Justice (CM2C) simply and free of charge by submitting their file electronically on the website https://cm2c.net/.

In accordance with Article 18 of Regulation (EU) 524/2013, the European Commission has established an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.

This platform is accessible at the following link : https://webgate.ec.europa.eu/odr/.

Competent court

In the absence of an amicable settlement, the competent court is the Commercial Court of Bobigny, France.