In these general conditions, the following terms will be understood:
1.1. ALMA MODA sarl: the legal person who has put products on sale, at a distance, for consumers.
1.2. Website: www.manalena.lu
1.3. Consumer (in the context of the contract with ALMA MODA sarl): natural person who does not act in a professional context and who has concluded a distance selling contract with ALMA MODA sarl;
1.4. Distance contract: contract for which, within the framework of a system of distance selling of products organized via the Website by ALMA MODA sarl and until expiry of the contract, exclusive use is made of one or several distance communications techniques;
1.5. Remote communication technique: means that can be used to conclude a contract without the Consumer and ALMA MODA sarl being together in the same place;
1.6. Reflection period: period during which the Consumer can make use of his right of withdrawal;
1.7. Right of withdrawal: the possibility for the Consumer to waive the Distance Contract during the reflection period;
1.8. Day: calendar day;
1.9. Successive performance transaction: a distance contract relating to a series of products whose delivery commitment and/or purchase commitment is staggered over time;
1.10. Durable information medium: any means that puts the consumer or ALMA MODA sarl in a position to memorize personal information relating to the Consumer.
2. Contact details
Shops are located at 42 AVENUE LIBERTE 1930 (Luxembourg) and 86 GRAND-RUE 1116 (Luxembourg).
3. Application of the general conditions
These general conditions of sale express the entirety of the obligations of the parties, that is to say the Consumer and ALMA MODA sarl. These general conditions of sale will prevail over all other conditions appearing in any other document, except prior, express, and written derogation. The Consumer acknowledges having read, at the time of placing an order within the online store of the Website, these special conditions of sale and declares to accept them without reservation and in their entirety.
3.1. These general conditions apply to any offer made by ALMA MODA sarl and to any distance contract concluded between the Consumer and ALMA MODA sarl.
3.2. Before the Distance Contract is concluded, the text of these general conditions will be brought to the attention of the Consumer on the Website.
3.3. If the distance contract is concluded electronically, the text of these general conditions may, by way of derogation from the previous paragraph and before the distance contract is concluded, be made available electronically in such a way that the Consumer can simply save it on a durable information carrier. If this proves to be reasonably impossible, it will be indicated, before the distance contract is concluded, where it is possible to read the general conditions electronically and that it is possible to send the said conditions at the request of the Consumer, electronically or otherwise.
3.4. ALMA MODA sarl reserves the right to modify these general conditions at any time. These general conditions do not apply to contracts already concluded and will not be applicable before their publication by ALMA MODA sarl on the Website www.manalena.lu.
4.1. If an offer is accompanied by a limited period of validity or is subject to conditions, this will be stated explicitly in the offer. All offers are subject to the express condition that the goods are only delivered within the limits of stocks available from ALMA MODA sarl.
4.2. The offer includes a precise description (of the essential characteristics) of the products offered. The description is sufficiently detailed for the consumer to be able to assess the offer correctly. If ALMA MODA sarl makes use of illustrations, ALMA MODA sarl will endeavour to give a faithful representation of the products and/or services offered. Errors or faults contained in the offer do not bind ALMA MODA sarl. Any illustration or/and any photo of the goods offered on the Website is/are excluded from the Distance Contract.
4.3. Any offer contains the following information, so that the Consumer clearly understands what the rights and obligations are related to the acceptance of the offer.
– the price including tax; the prices take into account the VAT applicable on the day of the order and any change in the legal rate of VAT will be automatically passed on to the price of the products presented on the site, from the application of the new rate;
– any delivery costs;
– the way in which the Distance Contract will be formed and the acts necessary for this purpose;
– the applicability or not of the Right of withdrawal;
– the method of payment, delivery or performance of the contract;
– the period for accepting the offer or the period for maintaining the price;
– if the contract is archived after its formation, the way the
Consumer will be able to consult it;
– the way in which the Consumer can find out about the acts he does not want before concluding the contract, as well as the way in which the Consumer can rectify them before the Distance Contract is formed.
The consumer must verify the completeness and conformity of the information he provides when ordering. This information is binding on the Consumer: in the event of an error, particularly in the wording of the Consumer’s contact details, ALMA MODA sarl cannot be held responsible for these input errors and the consequences in terms of delay or error in delivery or impossibility of delivery. In this context, all return shipping costs will be borne by the Consumer.
ALMA MODA sarl reserves the right to refuse to make a delivery or to honour an order from a Consumer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
5. Distance contracts
5.1. The Distance Contract is formed when the Consumer accepts the offer and/or the Consumer agrees to fulfill the conditions attached to it. Before ordering, the Consumer declares to have full legal capacity (being of legal age, not being under guardianship or curatorship) legally allowing him to commit to these general conditions of sale.
Automatic registration systems are considered as proof of the nature, content and date of the order. ALMA MODA sarl confirms the acceptance of his order to the Consumer at the email address that he will have indicated. The sale will not be concluded until the confirmation of the order with all the constituent elements of the Distance Contract. ALMA MODA sarl reserves the right to cancel any order from the Consumer with whom there is a dispute relating to the payment of a previous order.
5.2. If the Consumer has accepted the offer electronically, ALMA MODA sarl immediately acknowledges receipt electronically of the acceptance of the offer.
5.3. If the Distance Contract is formed electronically, ALMA MODA sarl takes the appropriate technical and organizational measures aimed at securing the electronic transfer of data and is responsible for providing a secure Internet environment. If the Consumer pays electronically, ALMA MODA sarl will take the appropriate security measures for this purpose.
5.4. ALMA MODA sarl will provide the Consumer with the following information, so that this information can be easily accessed and consulted on the Website and stored on a Durable Information Support:
– the e-mail address and postal address of ALMA MODA sarl and the contact details for contacting ALMA MODA sarl and possibly formulating a complaint;
– the conditions under which the Consumer can make use of the right of withdrawal and the way the Consumer can do so, or a clear notice informing of the exclusion of the
Right of withdrawal;
– information on existing after-sales service and warranties;
– the information referred to in Article 4 paragraph 3 of these general conditions of sale, unless ALMA MODA sarl has already provided the Consumer with this information before the performance of the Distance Contract;
- If ALMA MODA sarl has undertaken to deliver a series of products, the provisions of the preceding paragraph are only applicable to the first delivery.
6. Right of withdrawal upon delivery of the ordered goods
6.1. When purchasing goods, the Consumer has the option of terminating the Distance Contract without giving any reason for a period of fourteen (14) Days. This period will begin on the day the product is received by the consumer or on his behalf.
6.2. During this period of fourteen (14) Days, the Consumer must handle the goods ordered and their packaging with care. The consumer shall unpack or use the ordered goods only to the extent necessary for the consumer to judge whether he wishes to keep the product. If the Consumer makes use of his right of withdrawal, he must return to ALMA MODA sarl the goods ordered (and all accessories delivered simultaneously) and – if reasonably possible – in his/their original packaging, in accordance with the appropriate and clear instructions provided by ALMA MODA sarl. In the context of a withdrawal, any goods that are damaged, incomplete, or whose original packaging is damaged will not be taken back or exchanged.
7. Costs in the event of withdrawal
7.1. If the consumer makes use of your right of withdrawal, the consumer must pay for the cost of return and the initial delivery fee. We offer free deliveries in Europe for all orders above 200€ and free returns in Luxembourg, France, Belgium and Germany.
7.2. The consumer will be refunded as soon the returned item has been received and verified- and, at the latest within thirty (30) days from reception of the returned item.
8. Exclusion of the right of withdrawal
If the Consumer does not have a right of withdrawal, this will be explicitly indicated in the offer by ALMA MODA sarl, at least before the conclusion of the Distance Contract. This is included in the shipping and return policy.
9. Force majeure
In a case of force majeure, in other words an unforeseeable, external and irresistible event, occurs and, consequently, makes impossible the proper performance of any obligation incumbent on ALMA MODA sarl against the Consumer, any liability of ALMA MODA sarl is excluded.
10.1. During the period of validity indicated in the offer, the prices of the products offered will not be increased, except for price changes resulting from changes in VAT rates.
10.2. Price increases within a period of three (3) months from the formation of the Distance Contract are only authorized if they result from prescriptions or legal provisions.
10.3. The prices indicated in the offer are expressed inclusive of VAT, i.e. all taxes included, with the exception of any transport costs.
11. Compliance and warranty
11.1. ALMA MODA sarl undertakes that the goods ordered comply with the Distance Contract, the specifications indicated in the offer, the reasonable requirements of quality and/or ease of use and the legal provisions and/or regulations in force on the date of formation of the Distance Contract.
11.2. A guarantee system offered by ALMA MODA sarl, the manufacturer or the importer does not prejudice the rights and claims that the Consumer may claim against ALMA MODA sarl, under the law and/or the distance contract, with regard to a breach in the performance of the obligations incumbent on ALMA MODA sarl.
11.3. ALMA MODA sarl guarantees the Consumer against hidden defects that may affect the goods delivered.
12. Delivery and execution
12.1. ALMA MODA sarl takes the greatest possible care in receiving and executing orders made by the Consumer.
12.2. The place of delivery is deemed to be the address that the consumer has communicated to ALMA MODA sarl.
12.3. In compliance with what is stipulated to this effect in article 4 of these general conditions, ALMA MODA sarl will execute the orders accepted promptly and at the latest within thirty (30) days. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the Consumer will be informed of this no later than thirty (30) days from the date on which the Consumer placed the order. In this case, the Consumer is entitled to terminate the Distance Contract free of charge.
12.4. In the event of a termination according to the previous paragraph, ALMA MODA sarl will return the amount that the Consumer has paid, as soon as possible and at the latest within fourteen (14) days of the termination.
12.5. The risk of damage to and/or disappearance of the ordered goods is borne by ALMA MODA sarl until the moment when the ordered goods are delivered to the Consumer.
13.1. In the absence of a contrary agreement, the amounts for which the Consumer is liable must be paid in advance by means of a valid credit card before orders are accepted by ALMA MODA sarl.
13.2. The Consumer has the obligation to report immediately (within 24 hours after the order) to ALMA MODA sarl any inaccuracy in the payment data provided or indicated.
13.3. In accordance with the modified law of August 14, 2000, relating to electronic commerce, the online transmission of the credit card number and the final validation of the order constitute proof of the entire order.
14.1. ALMA MODA sarl has a complaints procedure, which is sufficiently published, and deals with any complaint in accordance with said procedure as indicated on the Website.
14.2. Complaints relating to the performance of the contract must be presented by e-mail or by post to ALMA MODA sarl within an appropriate period and describe fully and clearly, once the Consumer has noted them, the defects. The contact details are indicated on the website and in article 2 of these general conditions of sale.
14.3. Complaints communicated by e-mail to (dedicated e-mail address firstname.lastname@example.org) will receive a response as soon as possible and at the latest within (fourteen) 14 days from the date of receipt. If a complaint requires a foreseeable longer period, ALMA MODA sarl will send a response within (fourteen) 14 days, acknowledging receipt and giving an indication of when the Consumer can expect a more detailed response.
15.1. Collecting Personal Information
15.2. The device
- Examples of personal data collected: version of web browser, IP address, time zone, cookie information, what products you view, search terms, and how you interact with the Site.
- Purpose of collection: to perform analytics on Site to optimize its usability.
- Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.
- Disclosure for a business purpose: shared with our processor WooCommerce or ou email provider, Mailchimp
15.3. Information related to your orders
- Examples of personal data collected: name, address, payment information (including credit card numbers), email address, phone number.
- Purpose of collection: to provide products or services to you to fulfil our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
- Source of collection: collected from you.
- Disclosure for a business purpose: shared with our e-commerce processor WooCommerce.
15.4. Who we share data with
We share your Personal Information with service providers to help us provide our services and fulfil our contracts with you, as described above.
- We use WooCommerce to power our online store.
- We use MailChimp for our emailing system
- We use Stripe as a payment gateway
- We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
15.5. Using Personal Information
We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfilment of your order, and keeping you up to date on new products, services, and offers.
Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:
- Your consent;
- The performance of the contract between you and the Site;
- Compliance with our legal obligations;
- To protect your vital interests;
- To perform a task carried out in the public interest;
- For our legitimate interests, which do not override your fundamental rights and freedoms.
16.5. Right of access, rectification, and removal of your data
In accordance with the regulations applicable to personal data, users have the following rights:
- the right of access: they may exercise their right of access, to know the personal data concerning them, by writing to the e-mail address mentioned below. In this case, before implementing this right, we may request proof of the user’s identity in order to verify its accuracy;
- the right of rectification: if the personal data held are inaccurate, they may request the update of the information;
- the right to deletion of data: users may request the deletion of their personal data, in accordance with applicable data protection laws;
- the right to restrict processing: users may request to restrict the processing of personal data in accordance with the assumptions set out in the GDPR;
- the right to object to the processing of data: users may object to their data being processed in accordance with the assumptions provided for by the GDPR;
- the right to portability: they can request that the Platform gives them the personal data they have provided in order to transfer it to a new Platform.
You can exercise this right by emailing us at email@example.com
All requests must be accompanied by a photocopy of a valid, signed identity document and state the address at which the publisher may contact the applicant. A reply will be sent within one month of receipt of the request. This one-month period may be extended by two months if the complexity of the request and/or the number of requests so requires.
15.6. Data retention policy
We retain your data for the time necessary to provide you with its services or support. To the extent reasonably necessary or required to satisfy legal or regulatory obligations, settle disputes, prevent fraud and abuse, or enforce our terms and conditions, we may also retain some of your information as necessary, even after you have closed your account, or we no longer need it to provide our services to you.
16.1. What is a “cookie”?
A “cookie” or tracer is an electronic file deposited on a terminal (computer, tablet, smartphone, etc.) and read, for example, when consulting a website, reading an e-mail, installing, or using software or a mobile application, regardless of the type of terminal used.
The site may automatically collect standard information. Any information collected indirectly will only be used to track the volume, type and pattern of traffic using this site, to develop the design and layout of the site and for other administrative and planning purposes and generally to improve the service we offer you.
Where appropriate, “cookies” from the site editor and/or third-party companies may be placed on your terminal, with your consent. In this case, the first time you browse this site, a banner explaining the use of “cookies” will appear. Before continuing to browse, the client and/or prospect must accept, edit or refuse the use of said “cookies”. The consent given will be valid for a period of thirteen (13) months. The user has the possibility to deactivate the cookies at any time.
The following cookies are present on this site:
- Google Analytics: enables the measurement of the website’s audience;
- Google Tag Manager: facilitates the implementation of tags on the pages and allows managing the Google tags;
The lifetime of these cookies is 13 months.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at firstname.lastname@example.org
17. The site
In accordance with the applicable law related to confidence in the digital economy, users of the website www.manalena.lu are informed of the identity of the various parties involved in its creation and monitoring:
Owner of the site: Maddalena Oliva, Alma Moda SARL
Company identification: Alma Moda SARL
Address: 7, rue Giselbert, L-1627 Luxembourg.
Data Protection Officer: Maddalena Oliva – email@example.com
Conception and Realisation: Omala Digital
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The contracts concluded between ALMA MODA sarl and the Consumer, to which these general conditions relate, are governed exclusively by Luxembourg law. Any disputes will only be submitted to the courts of the Consumer’s place of residence.