L.Y.N.A.R.T acts on its website www.LYNART.com (hereinafter, the "Website") of which it is the publisher, a service allowing adult buyers (hereinafter, the "Buyer(s)"), after registration, to purchase products offered in the catalog of the Website (hereinafter, the "Product(s)") according to the conditions established in the General Conditions of Sale of the Website (hereinafter, the "General Conditions of Sale") which it accepts when placing its order, these being directly consultable on the Website (hereinafter, the "Service"). The Products offered on the Website are new products and are offered at a fixed price.
By using the Service, the Buyer agrees to be bound by these Terms of Use without restriction or reservation. This acceptance is evidenced by the Buyer checking a box attesting to their acceptance of these Terms of Use when registering to use the Service.
Article 1 – Purpose of the General Conditions of Use
The purpose of these General Conditions of Use is to define the conditions under which LYNART makes technological tools available to Buyers enabling them to use the Service.
In the event of non-compliance with these General Conditions of Use, or any use contrary to good faith, LYNART reserves the right to interrupt, temporarily or permanently, the Buyer's access to the Service.
All clauses of these General Conditions of Use are binding on the Buyer.
The invalidity of a contractual clause does not entail the invalidity of the General Conditions of Use, unless this clause was decisive for the consent of one of the parties, either the Buyer or the seller in the legal entity of LYNART, to conclude the sales contract resulting from the use of the Service in the context of the purchase of a Product.
The spontaneous, temporary or permanent non-application by LYNART of one or more clauses of the General Conditions of Use does not constitute a waiver on its part of the other clauses of the General Conditions of Use, which continue to produce their effects.
Article 2 – The Service
2.1 – Description of the Service
The Service consists of a set of technological tools allowing Buyers to register on the Website, place an order for a Product available in the Website's catalog, pay the price of this Product, and confirm receipt of this Product. The Service is in no way intended to allow the Buyer to resell their Product to LYNART.
A contractual relationship between LYNART and the Buyer is established by the sales transactions concluded following the Buyer's use of the Service.
2.2 – Access to the Service
The Buyer undertakes to access the internet network in compliance with the legislation by, in particular, concluding an internet access supply contract with an internet access provider.
By accepting these General Terms of Use, the Buyer acknowledges and agrees to engage in exclusively personal use of the Service. Use of the Service is subject to opening an account on the Website (hereinafter, the “Account”).
This Account is opened on a dedicated tab on the Website by providing data enabling the Buyer to be identified and by creating a username and password freely determined by the latter. The Buyer undertakes to keep this username and password secret and not to disclose them to a third party and to ensure that the information transmitted is accurate.
Access to and use of the Service through the Account is the sole responsibility of the Buyer, unless there is evidence of fraudulent use thereof. In such cases, the Buyer shall not be held liable for any use of the Service contrary to these General Terms of Use and shall immediately inform LYNART in the event of loss, misappropriation or fraudulent use of his/her username and/or password.
In the event of a change in the information provided for opening the Account, the Buyer undertakes to modify this information on his account within a reasonable time.
2.3 – Price of the Service
Opening an Account by the Buyer is free of charge. The free nature of the operation is independent of any potential costs associated with connecting to the Internet.
The Buyer is under no obligation to purchase when using the Service.
Only the actual purchase of a Product by the Buyer, after placing and validating his order, obliges him to pay the price of the Product under the conditions defined in the General Conditions of Sale.
Article 3 – Personal data
Any personal data concerning the Buyer is processed by LYNART, in its capacity as publisher of the Website and controller of this personal data.
This personal data is necessary for the identification of the Buyer and for the proper use of the Service, in particular with regard to the delivery and payment operations of the Product and will only be used for this purpose.
In accordance with the Data Protection Act, the Buyer has the right to access, rectify, and transfer their personal data, as well as the right to be forgotten. To exercise these rights, the Buyer may contact LYNART at the following address: lynart@outlook.fr
Marketing Text and Notifications (if applicable): By entering your phone number at checkout and initiating a purchase, subscribing via our subscription or a keyword, you agree that we may send you SMS notifications (for your order, including abandoned cart reminders) and SMS marketing offers. Marketing text messages will not exceed X per month. You may opt out of any further text messages by clicking the unsubscribe link. Sending text messages or using automations requires you to pass recipient phone numbers or names to our importer. We will store and use this data to show you campaign analytics and results, including message delivery status, sent status, and in some cases, whether the purchase resulted in a sale. If you decide to use our link shortener in text messages, we will collect information on whether the link was clicked or not and use it to display the results in your analytics. Any other third party services that you may decide to use outside the scope of smsbump.com (third-party link shorteners, GA tracking, etc.) you will be referred to their specific third-party policies, which you must agree to. When sending text messages, we will pass the data to our text message carrier for delivery. Information is only shared with our carrier when initiating a marketing campaign. If your recipients no longer wish to receive messages, they must reply to the message with STOP or contact us at the email address below so we can successfully unsubscribe them.
Article 4 – Intellectual property
All documents, texts, descriptions, comments, images, illustrations, works and works reproduced or represented on the Website are protected by copyright under intellectual property law for the duration of legal protection and for the entire world. Any reproduction, representation, modification or adaptation, in whole or in part, of the Website and/or all or part of the elements mentioned above is strictly prohibited.
All company names, trademarks and distinctive signs reproduced on the Website are protected under trademark and design law. The reproduction or representation of all or part of any of the aforementioned signs is strictly prohibited and must be subject to prior written authorization from the trademark owner.
As such, the use of the Service and, in general, the reading of all the documents referred to under Article 4 of the General Conditions of Use is reserved exclusively and strictly for personal and private use, subject to contrary or more restrictive provisions of the intellectual property code.
Article 5 – Liability
It being understood that:
LYNART's liability towards the Buyer cannot be incurred for facts which are not directly attributable to it and which do not cause direct harm to the Buyer; and
LYNART cannot be held liable for facts linked to the misuse of the Service by the Buyer or any fault on their part; and
Finally, LYNART cannot be held liable for any facts linked to any misuse of the Service or fault attributable to a third party to the Service.
Furthermore, pursuant to Law No. 2004-575 on confidence in the digital economy of June 21, 2004, LYNART cannot be held liable for content made available on the Website by Buyers and Sellers, particularly with regard to comments and Product reviews, if, after being informed of the illegality of this content under the conditions provided for by the aforementioned law, LYNART has promptly made the disputed content inaccessible.
In any event, the Buyer is solely responsible for his use of the Service.
Article 6 – Applicable law
These General Conditions of Use are subject to French law and apply to Buyers residing in a Member State of the European Union other than France, without prejudice to more favorable legislative provisions in that State.