Legal notices & General conditions of sale

Legal notice

LICA SARL
34 Rue d‘Assel
L-5443 ROLLING
LUXEMBOURG
Tel : (+352) 26 66 02 08
www.lica-innovation.com

Site Information

The content of this site (hereinafter referred to as the "Site", which includes all the pages of the Site) is purely informative and is intended for the transmission of information for private use.

All information accessible on this Site (content, data, articles, files, fact sheets, downloadable documents, iconographic representations, photos, images, diagrams, logos, etc., hereinafter referred to as "Site Information") are the exclusive property of LICA SARL (hereinafter referred to as the "Site Owner"), whose contact details are mentioned on the "contact" page of the Site.

They are protected by national and international provisions relating to intellectual property. Under no circumstances may they be marketed, modified, decompiled, distributed, translated, copied, exploited, in any way whatsoever and by anyone, without the prior written consent of the Site owner.

However, the creation of surface links, which refer to the home page of this Site or to any other page of the Site, without prior request to the owner of the Site is allowed. On the other hand, the use of all techniques aimed at including all or part of this website in an Internet site by masking, if only partially, the exact origin of the information or which could lead to confusion as to the origin of the information, such as framing or in-lining, requires the written authorization of Site owner.

However, the creation of surface links, which refer to the home page of this Site or to any other page of the Site, without prior request to the owner of the Site is allowed. On the other hand, the use of all techniques aimed at including all or part of this website in an Internet site by masking, if only partially, the exact origin of the information or which could lead to confusion as to the origin of the information, such as framing or in-lining, requires the written authorization of Site owner.

Personal data

This Site collects the personal data of Internet users (hereinafter referred to as the "Internet user(s)"), who communicate their email address and/or contact details via this Site, who subscribe to the newsletter, or who send an email via the "contact" page.
The owner of this Site, its host, its designer and its webmaster undertake to never divulge any information and contact details received from the Internet user, nor sell them, nor transfer them without their consent.
In accordance with the law, each Internet user has the right to object, access, rectify and delete the data collected.

Image rights

Any (non-public) person who appears in a photograph and who has not expressly authorized its distribution on the Site may ask, by request to the Site owner, to have it removed.

Exemption from liability

On no account can the owner of the Site, or its host, or its designer, or its webmaster be held liable for:

Design and production of this Website

The design, development, hosting, technical maintenance and updates are provided by:
DOTCOM Luxembourg
1, rue de Roeser
L -1898 Kockelscheuer

Modification of the legal notice

This legal notice can be modified at any time, without warning Internet users. Any modification takes effect on the date of publication on the Site. Continuing to access this site after the publication of these changes validates the acceptance of these changes by the Internet user.




PRIVACY POLICY

INTRODUCTION

Welcome to the site www.lica-innovation.com, edited by Dotcom.lu. This section is dedicated to our privacy policy. It allows you to learn more about the origin and use of the information processed by LICA Sarl, as data controller, during your visit and use of our site and about your rights. This policy is therefore important for those of you who wish to have a positive and trusting experience with our services and for us, who wish to answer your questions about your visit of our site in a precise and complete manner and to take your preferences into account.

1.PERSONAL DATAL

1 .1 Nature of personal data collected and purposes of their processing

Personal data refers to any personal data (in particular, username, password, name, first name, date of birth, e-mail and postal address) that Internet users are likely to provide to LICA Sarl, within the framework of the creation of an online account on the site www.lica-innovation.com, as well as within the framework of our contacts with our Internet users.

This data, whatever its nature, can directly or indirectly allow LICA Sarl to identify Internet users and get to know them better, to manage LICA Sarl online accounts and to send them its newsletter, and/or respond to their messages.

This data also allows LICA Sarl to provide personalized service and centralized management of customer relations and to send correspondence to Internet users by mail, telephone and/or by e-mail, within the framework of information on LICA Sarl products and/or operations, subject to compliance with Internet users' choices in this regard. When the user provides personal data, they undertake to communicate to LICA Sarl, in this context, complete, accurate, up-to-date information, which is not prejudicial to the interests or rights of third parties.

1.2 Consent

No personal data is collected without the consent of Internet users. The optional or mandatory nature of the information to be communicated to LICA Sarl, as part of the collection carried out on the site, shall be indicated to Internet users in advance. The latter are in no way required to communicate personal data to LICA Sarl.

1.3 Identity of the personal data controller

LICA Sarl is responsible for the collection and processing of personal data carried out on the site. Ms OUIZOUGUN Samira, LICA Sarl, 34 Rue d‘Assel L-5443 ROLLING.

1.4 Purposes of data collection

Through the www.lica-innovation.com Site, LICA SARL processes your personal data that is strictly necessary for the following purposes:

The information that we collect to ensure these purposes and that is essential for our response to your requests (mainly your first and last names, postal addresses and e-mail address) is mentioned by an asterisk on the collection forms. Should you not complete these mandatory fields, we will not be able to respond to your requests.

1.5 Personal data retention period

The personal data collected as part of the creation and use of an online account on our site www.lica-innovation.com is stored until you wish to close this account. Regarding other data, www.lica-innovation.com stores it for a period of ten years after your last contact with LICA Sarl. The data is stored for a period that does not exceed the period necessary for the purposes for which they are collected:

1.6 Data security and confidentiality

LICA Sarl undertakes to implement all precautions necessary to preserve the confidentiality and security of the personal data processed and to prevent it from being distorted, damaged, destroyed, or unauthorized third parties having access to it. State-of-the-art technical and organizational security measures, in particular with regard to information systems, have been implemented.

As part of the creation of your account on www.lica-innovation.com, entering a password that is personal to you is mandatory and is part of our privacy policy.
However, LICA Sarl does not control all the risks associated with the use of the Internet and draws the attention of Internet users on the existence of any risks inherent in its use and operation.

As for the technical storage of your personal data, your data will be centralized on a dedicated and secure server.

DOTCOM Luxembourg
1, rue de Roeser
L -1898 Kockelscheuer

The protection and security of our information systems are of utmost importance to us. Tools have been implemented to allow us to detect possible security breaches. These tools can incidentally lead to our security teams accessing personal data. This data will be collected and processed for the sole purpose of managing these loopholes and in compliance with the applicable regulations on personal data protection.

2- RECIPIENT OF PERSONAL DATA

The data collected is intended for the teams in charge of customer relations and marketing at LICA Sarl and is only accessible to LICA Sarl staff. LICA Sarl does not transmit your personal data to a third party unless:

3- RIGHTS OF THE INTERNET USER

In accordance with the French Data-Protection Act 78-17 of 6 January 1978, each user has the right to access, the right to rectify, to complete, to update, to block or to erase personal data concerning them and, for legitimate reasons, to oppose its processing after their death. To implement these rights, the user must proceed as follows:

For the newsletter: by using the link to unsubscribe, which appears in each electronic newsletter sent to you.

More generally, you can ask any questions relating to the management of your personal information on the site, by sending an email, via the contact form, or a letter to the address given above.

4 -COOKIES

When viewing our site, information relating to the navigation of your device (computer, tablet, smartphone, etc.) on our site may be saved in the “Cookies” files installed on your device, subject to the choices that you have expressed regarding Cookies, and that you can modify at any time. Only the issuer of a cookie is likely to read or modify the information contained therein. When you connect to our site, we may have, subject to your choices, to install various cookies on your device, allowing us to recognize the browser on your terminal during the validity period of the cookie concerned. The Cookies that we issue are used for the purposes described below, subject to your choices, which result from the settings of browser software used during your visit on our site. The cookies we issue allow us to:

LThe issuance and use of cookies by third parties are subject to the privacy policies of these third parties.  We inform you of the purpose of cookies, of which we are aware, and of the available means through which you can make choices with regard to these cookies. Where appropriate, the cookies issued by these third parties may allow them, during the validity of these cookies, to count the number of visits to our site, and thereby to compile statistics.

4.1 Cookies agreement

Whether or not a Cookie is saved on a device is up to its user and his decision can be made and amended at any time and free of charge through the options available on the browser software.

If you have set your browser to accept the saving of these cookies on your device, cookies embedded in the pages and contents you have viewed may be stored temporarily in a dedicated area of your device. They will be readable only by their issuer.

4.2 Rejection of cookies

If you decline to accept cookies in your device, or if you delete the ones already accepted, you will no longer be able to benefit from a certain number of features which may nevertheless be necessary to navigate in certain areas of our site. This would be the case if you were to try to access our content or services that require your identification.

This would also be the case when we or our partners were unable to recognise, for reasons of technical compatibility, the type of browser your device uses, its language and display settings, or the country where your device appears to be connected to the Internet.

If applicable, we decline all responsibility for the consequences of any malfunction of our services resulting from our inability to record or consult the cookies necessary for their operation and that you have rejected or deleted.

4.3 How to implement your choices, depending on the browser you use?

Several possibilities are offered to you to manage cookies. Any settings you can make will likely change your Internet browsing and the conditions of access to certain services requiring the use of cookies. You can choose to express and modify your choices at any time in terms of cookies by using your browser settings. The configuration of each browser is different for the management of cookies and your choices. This configuration is described in the help menu of your browser, which will allow you to learn how to modify your choices in terms of cookies:

For Internet Explorer 8.0 and above:
For Mozilla Firefox :
For Chrome :
For Opéra :
For Androïd :
For Dolphin sur Androïd :



GENERAL TERMS AND CONDITIONS OF SALE

Article 1: General provisions

1.1 These general terms and conditions are applicable to all orders placed by the Buyer with the LICA SARL company (hereinafter referred to as the “Company”), and to all the resulting contractual relations, including all provision of ancillary services.
1.2 The description and the specifics of the subject of the order are precisely detailed in the special conditions set forth in the contract, to which these general terms and conditions are annexed. In the event of inconsistency or contradiction between the special conditions and these general terms and conditions, the special conditions shall prevail.
1.3 Any order for products implies unreserved acceptance by the Buyer and full acceptance of these general terms and conditions of sale.
1.4 These general terms and conditions of sale expressly exclude all special general conditions of purchase/sale of the Buyer, in the absence of written acceptance by the Company. In this context, no exemption from these general terms and conditions shall be accepted without the express written consent of the Company.
1.5 Unless proven otherwise by any legal means, the Buyer expressly acknowledges having full knowledge of these general terms and conditions of sale, having received a copy no later than the issuance of the Company's first price offer.
1.6 If any of the stipulations of these general terms and conditions prove to be null with regard to a regulation in force or a court decision that has become final, it shall be deemed never to have existed, however without voiding the general conditions, nor alter the validity of the other provisions.

Article 2: Definitions

Buyer: any natural or legal person who purchases a product from the Company.

Product: any material or movable property offered for sale by the Company.

Article 3: Offers and conclusion of the order

3.1 Following the order placed by the Buyer, the Company shall send a price offer to the Buyer. The price offers are free of charge. Any offer from the Company is valid for 30 calendar days from the date of the offer. The Buyer must accept the price offer in writing. Should the Buyer fail to accept in the price offer made to them in writing within the 30-day period mentioned above, the offer shall be considered null and void.
3.2 Notwithstanding Article 4.1 below, any order shall be considered firm and irrevocable upon written acceptance of the price offer by the Buyer.
3.3 The Company may consider as its Buyer the person who submits the order to the Company, unless the latter has expressly indicated that they are acting on a mandate, in the name and on behalf of a third party, and provided that the name and address of this third party have been communicated to the Company at the same time.
3.4 Unless otherwise stipulated, all prices given by the Company exclude the value-added tax. The selling price is the price mentioned in the Company's price offer. This price shall include the value-added tax. This sale price is valid for the period of validity of the price offer issued by the Company; in the absence of firm and irrevocable acceptance of the price offer by the Buyer within this period, the Company is free to modify its selling price.

Article 4: Withdrawal, modification or cancellation of the order

4.1 The Buyer has the right to notify the Company, by registered letter with acknowledgment of receipt, of its withdrawal without penalty and without offering any reason, within seven (7) working days from the day after the day on which the contract is concluded, namely the date of the written acceptance of the price offer issued by the Company.
4.2 Within a period of less than or equal to fifteen (15) days after receipt of the withdrawal letter by the Company, in accordance with article 4.1, the Buyer shall receive a refund by transfer of the amount equivalent to the deposit paid by the Buyer.
4.3 Any modification made to the order by the Buyer after acceptance of the price offer issued by the Company entails a new price request; consequently, the Company shall only be required to take these changes into account after having expressly accepted them in writing, where applicable, after having informed the Buyer in writing of the additional delays/costs resulting from this change request. In the absence of an agreement between the parties on the new terms of the order, the Company shall only be bound by the initial order.
4.4 Cancellation by the Buyer of a firm irrevocable order, and beyond the withdrawal period provided for in article 4.1, whether or not being carried out by the Company, shall automatically result in the application of a compensation fixed at a flat rate of 30% of the total amount of the order, excluding value-added tax.

Article 5: Payment

All orders are paid for in cash or as follows:
5.1 Fifty percent (50%) of the total order price must be paid within eight (8) business days of the acceptance of the offer;
5.2 The balance, for the goods, must be paid before delivery;
5.3 Payment of the deposit can be made by bank transfer. When ordering, this method of payment will be clearly indicated on the sales contract.
5.4 All amounts/prices given by the Company are value-added tax exclusive.
5.5 Orders are deemed to have been placed at the Company's head office and the related invoices are payable at the same place, net of any costs whatsoever and without discount, unless otherwise indicated and expressly mentioned on the order form and confirmed on the invoice.
5.6 Invoices must be fully paid no later than eight (8) working days from the date of the invoice, in the currency in which the invoice is denominated, unless expressly agreed to the contrary in writing.
5.7 In the event of non-payment of the amount of the invoice by the due date this shall, automatically and without prior notice, bear interest on late payment, calculated at the legal rate until the date of actual payment.

Article 6: Order fulfilment

6.1 Unless otherwise agreed, the Company may, under its sole responsibility, subcontract all or part of the fulfilment of the order to a third party without the prior written consent of the Buyer.
6.2 The Company can only be held liable for damages that are a direct and demonstrable consequence of a breach attributable to it. Notwithstanding those specified above but except in cases of fraud or theft, the Company's liability shall be strictly limited to an amount corresponding to the total price of the order, this price excluding the value-added tax.

Article 7: Deadline, time and place of delivery

7.1 Unless otherwise agreed in advance and in writing, the fulfilment times mentioned in the price offers are given only as an indication and do not imply a performance obligation on the part of the Company. The Company is required to inform the Buyer that delivery is not possible on the days and times initially agreed, as soon as it becomes clear to them.
7.2 Delivery time overruns may not give rise to damages, withholding or cancellation of pending orders.
7.3 However, if the Product is not delivered for any reason other than a case of force majeure sixty (60) working days after the deadline required for said delivery to be made through a formal notice sent to the Company by the Buyer and remained unsuccessful, then the Buyer is entitled to unilaterally cancel his order. This decision must be notified by registered mail with acknowledgment of receipt to the Company. The Buyer may obtain a refund of his deposit. Under no circumstances can the Buyer assert any right to compensation or damages.
7.4 Delivery is deemed to have taken place on the date of delivery of the Product to the address indicated on the order by the Buyer.
7.5 Whatever the terms of delivery and notwithstanding the retention of title clause, the transfer of risk on the Product to the Buyer shall take place upon delivery, in accordance with these provisions.

Article 8: Delivery and Reception

8.1 The Buyer must specify in their order where they wish to have the goods delivered. They can either have it delivered to an address of their choice, excluding a PO box, or come and collect it at their own expense at the Company's premises. In the event that they choose to collect this merchandise personally, they shall be charged no transport costs. If, on the other hand, they choose to have them delivered to another address that they designate, they will have to cover transport costs, which shall be specified on the order confirmation. In the event of absence during delivery, the Buyer shall be required to make an appointment with the carrier and the goods shall only be delivered to them only through a cash on delivery payment of the additional delivery costs incurred. The Buyer must appoint an authorised agent for the performance of this agreement, who may validly acknowledge, on their behalf, receipt of the goods and represent them for any act relating to the performance of the contract.
8.2 Delivery is made to the address indicated by the Buyer. Upon delivery, the risk of loss or possible deterioration of the Product is the responsibility of the Buyer, who must insure the Product against theft, deterioration or destruction and, where applicable, take out site insurance at their expense.
8.3 Upon receipt of the Product, the Buyer undertakes to verify, by all appropriate means, the conformity of the Product ordered with the Product delivered.
8.4 The Buyer shall sign a "goods receipt slip", as soon as the Product is delivered.
8.5 In the event of damage or missing items, the Buyer must write precise and reasoned concerns on the receipt, and must address their complaints to the Company, in accordance with article 12 below.

Article 9: Retention of title

9.1 Ownership of the Product shall not be transferred to the Buyer until the Buyer has made full payment of the full price and ancillary costs thereof.
9.2 The Buyer undertakes personally, with regard to the company, not to dispose of the Product purchased before full payment of the price, by any means whatsoever, neither in full ownership nor by pledging.
9.3 In the event that the Buyer objects to the return of the unpaid Product, a simple registered letter will constitute termination of the contract and authorization to take back the Product.
9.4 The deposits paid shall remain acquired as damages.

Article 10: Guarantees

10.1 All products sold benefit from the legal guarantee of conformity, the legal guarantee against latent defects, the manufacturers' contractual guarantee, the scope and duration of which differ depending on the product.
10.2 The Buyer benefits from the same guarantees as those granted by the manufacturer or the initial seller of the Product, as specified in the annex relating to the characteristics of the Product.
10.3 The Company's liability is systematically limited to the value of the product in question, namely the value at the date of sale.
10.4 The Company declares that it is insured for its professional liability. The guarantee consists of the on-site or workshop repair of defects found and covers only defects of conformity and hidden defects, thus excluding any immaterial damage.
10.5 The Buyer forfeits their guarantee claim as soon as they entrust the repair of a Product delivered by the Company to a third party, or if they attempt to repair it personally: likewise, if the goods have been transformed, modified, personalized, opened by an unauthorized person, the right to the guarantee shall also be refused.
10.6 It also does not apply to the repair of damage resulting from a cause external to the device, from improper transport or storage, use, installation that does not comply with the manufacturer's specifications or prescriptions, use that is harmful to the good conservation of the device, commercial or collective use, use of unsuitable peripherals or accessories.

Article 11: Exclusion of liability

11.1 The company is not liable for:

11.2 The company is not liable for the responsibility of the Buyer.
11.3 The Buyer is required to take out insurance covering the specific risks associated with the Product.

Article 12: Complaints and disputes

12.1 Complaints relating to the invoice shall only be admissible upon notification, by registered letter with acknowledgment of receipt, addressed to the Company's registered office, within eight calendar days of sending the invoice, the postmark being taken as proof. After this period, the Buyer shall be deemed to have accepted the invoice, thereby rendering any late dispute inadmissible.
12.2 Complaints relating to the Product shall only be admissible upon notification, by registered letter with acknowledgment of receipt, addressed to the Company's registered office, within ten calendar days of delivery.
12.3 Complaints should be sent to: 34 Rue d‘Assel L-5443 ROLLING.
12.4 The formulation of a complaint does not release the Buyer from their payment obligation.
12.5 It is the Buyer's responsibility to provide all the justifications that their complaint is well-founded.

12.6 If the complaint is founded, the Company will repair or replace the delivered Product within a reasonable period of time without the possibility of being required to pay any compensation.
12.7 If the Company cannot reasonably meet the repair requirements, it will grant a reduction in the price of the order, without further compensation to the Buyer.
12.8 The Buyer will forfeit their right to complain if they have made or allowed a third party to make changes to the delivered Product, within the period within which they are allowed to make a complaint.

Article 13: Processing of personal data

The provision of personal information collected for the purposes of distance selling is mandatory, this information being essential for processing, delivery of orders and preparation of invoices. The lack of information shall result in the non-validation of the order.
In accordance with the amended law of 2 August 2002 relating to the protection of individuals with regard to the processing of personal data, the Buyer has the right to access, modify, rectify and delete data concerning them, which they can exercise with the Company.
The Company undertakes to respect the privacy of the Buyer, in accordance with the amended law of 2 August 2002 on the protection of individuals with regard to the processing of personal data and other Luxembourg law provisions in this regard.

Article 14: Force Majeure

14.1 Events beyond the control of the parties, which they could not reasonably be expected to foresee, and which they could not reasonably avoid or overcome, insofar as their occurrence renders the fulfilment of obligations totally impossible, are considered force majeure or fortuitous events. In particular, the following are assimilated to cases of force majeure or fortuitous events releasing the Company from its obligation to deliver within the initially scheduled timeframes: strikes by all or part of the Company's staff or its usual carriers, fire, flooding, war, cessation of production due to fortuitous breakdowns, the impossibility of being supplied with raw material, epidemics, weight limit during thaw conditions, roadblocks, strikes or disruption of electricity or gas supplies, or disruption of supply for a cause not attributable to the Company, as well as any other cause of supply disruption attributable to the Company's suppliers.
14.2 In such circumstances, the Company shall notify the Buyer in writing, in particular by fax or electronic mail, within 24 (twenty-four) hours of the date of the occurrence of the events, the contract between the Company and the Buyer then being automatically suspended without compensation, from the date of the occurrence of the event.
14.3 If the event were to last more than 30 (thirty) days from the date of its occurrence, the sales contract concluded between the Company and the Buyer may be terminated by the most diligent party, without any of the parties being allowed to claim damages.
14.4 This termination will take effect on the date of the first presentation of the registered letter with acknowledgment of receipt repudiating the said contract.

Article 15: Waiver

LThe fact that the Company does not avail itself of any of the provision hereof at a given time cannot be considered as a waiver of subsequently invoking these provisions.

Article 16: Attribution of jurisdiction

16.1 The Company’s address for service is at its registered office.
16.2 Any dispute regarding the application of these general terms and conditions of sale and their interpretation, execution and sales contracts concluded by the Company, or the payment of the price, shall be brought before the Courts of Luxembourg City, regardless of the place of the order, delivery, and the payment and the method of payment, and even in the event of a guarantee claim or multiple defendants.
16.3 Bills of exchange shall not trigger novation or derogation from this jurisdiction attribution clause.
16.4 The attribution of jurisdiction is general and applies whether it is a substantive claim, an ancillary claim, substantive action, or interlocutory proceedings.
16.5 In addition, in the event of legal action or any other action for the recovery of debts of the Company, the costs of summons, court, as well as attorney and bailiff fees, and all ancillary costs shall be payable by the culpable Buyer, as well as costs related to or arising from the failure by the Buyer to comply with the terms of payment or delivery of the order in question.

Article 17: Applicable law

Any question relating to these general terms and conditions of sale, as well as to the sales they govern, which would not be dealt with by these contractual provisions, shall be governed by Luxembourg law, to the exclusion of any other law and in a suppletive manner, by the Vienna Convention for the International Sale of Goods.

Article 18: Identification

LICA Sàrl is a limited liability company incorporated under Luxembourg law, with its registered office at 34 Rue d‘Assel L-5443 ROLLING, registered with the Luxembourg Trade and Companies Register, under number B 244929.

Its phone number is: (+352) 26 66 02 08
Its website is: www.lica-innovation.com
Further information can be obtained by sending an email to the address: contact@lica-innovation.com
The inter-community VAT number is: LU-32247629

 
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