Seller information
These terms apply to B2B transactions. LMD’s storefront is not intended for consumer purchases.
1. Purpose, scope and contractual hierarchy
These General Terms of Sale (the “GTS”) govern sales of products by LMD BEAUTY EU S.A.R.L.-S (the “Seller” or “LMD”) to professional customers (the “Customer”).
They apply to orders placed through LMD’s B2B website, by catalogue or stock-list import, quotation, commercial offer, spreadsheet, email or any other ordering channel accepted by LMD.
By confirming an order, the Customer accepts the version of these GTS in force and presented for that order. The Customer’s own purchase terms do not apply unless LMD expressly accepts them in writing.
These GTS apply exclusively to transactions with professional customers acting for purposes connected with their trade or business.
2. B2B eligibility and customer accounts
LMD’s offer is reserved for registered businesses. A professional account must be approved before a Customer can place an order.
The Customer must provide accurate company, invoicing, delivery and tax information and, where applicable, a valid VAT number or other business identification required for the relevant destination.
LMD may request additional information before approving or maintaining an account and may refuse or suspend access where there is a legitimate concern regarding identity, payment risk, regulatory compliance, destination of the goods or accuracy of the information supplied.
3. Products, shelf life, packaging and EAN/GTIN
The products offered are those identified in LMD’s catalogue, stock lists, quotations, order documents and other commercial materials.
Where a product bears a fixed expiry or best-before date, LMD’s standard is to supply products with at least 12 months of remaining shelf life, unless specific written conditions accepted by the Customer provide otherwise.
Manufacturers may change packaging, artwork, labelling, format or coding without materially changing the product itself.
Photographs, packaging visuals and product presentations displayed by LMD are illustrative and are not contractual. A delivered product may therefore use newer or different packaging than the image shown online. No refund is due solely because of such a packaging change when the product remains authentic and substantially the same.
EAN/GTIN codes displayed on the website or in commercial or invoice documentation are provided for identification purposes and are not contractual. In rare cases, a manufacturer may change an EAN/GTIN while the underlying product remains substantially the same. The Customer must inform LMD if the code on the delivered product differs from the code shown in LMD’s documents.
A packaging or EAN/GTIN change does not by itself create an automatic right to reimbursement. Where such a change has a material commercial impact on the Customer, LMD and the Customer may agree to a return. If LMD accepts such a return on this basis, LMD may bear the return cost and any refund is processed only after the returned goods have been received and verified.
4. Catalogue prices, quotations and validity
Catalogue prices and availability are dynamic. Catalogue prices are reviewed regularly, generally weekly, and may change until the Customer confirms an order.
Adding an item to the cart does not reserve stock and does not lock its price. The price applicable to an order is locked when the Customer confirms that order, subject to LMD’s subsequent stock confirmation under Article 5.
Unless a quotation or custom commercial offer states a different validity period, it remains valid for 15 calendar days from its issue date. A custom quotation may contain pricing, transport, destination or payment conditions that differ from the standard website conditions; if accepted, those specific written conditions prevail for that transaction.
5. Order formation, stock confirmation and cancellation
The ordering process is divided into distinct stages:
- Cart
- Items placed in the cart are not reserved and do not create an order.
- Customer confirmation
- When the Customer clicks or otherwise gives “Confirm order”, the Customer submits a firm order and undertakes to purchase the quantities that LMD is able to confirm. The displayed order price is locked at this stage and the stock-reservation process begins.
- LMD stock confirmation
- LMD verifies actual availability and confirms all or part of the requested quantities. LMD becomes contractually bound when it issues this stock confirmation. The contract is formed for the quantities and amount confirmed by LMD.
- Payment
- The Customer must pay the confirmed amount within 5 calendar days after LMD’s stock confirmation, unless specific written terms state otherwise.
- Processing
- Processing starts once payment is received or otherwise identified by LMD. After payment and the start of processing, no further change to the order can be made.
After LMD has issued its stock confirmation and before payment, the Customer may cancel or amend the order only with LMD’s agreement. Before payment and the start of processing, LMD and the Customer may mutually agree to make changes to the order.
If payment has not been received within the 5-day payment period, LMD may cancel the order automatically, release the reserved stock and make the products available to other customers without compensation.
If an exceptional stock discrepancy arises after confirmation, LMD may propose an adjustment, cancellation of the unavailable line or reimbursement of any corresponding amount already paid, without additional compensation.
6. Prices, minimum order, MOQ and volume pricing
Unless otherwise stated, prices are expressed in euros and exclude VAT, transport, payment fees, customs duties, import taxes, bank charges and other ancillary costs.
The standard minimum order is EUR 300 calculated on the value of products excluding VAT, transport and payment fees and before the application of coupons.
Most products can be ordered by unit. Where a full-box or other minimum quantity applies to a particular SKU, that requirement is shown in the catalogue or order interface and forms part of the order conditions for that SKU.
LMD operates automatic volume-price tiers. The applicable unit prices are those displayed for the Customer’s order at the time of confirmation. The exact thresholds and commercial levels may evolve and are not guaranteed for future orders.
For orders reaching EUR 15,000 in product value, the Customer may contact its account manager to request custom pricing. This is a request opportunity only and does not create an automatic entitlement to a further discount.
7. VAT and taxes
VAT is applied according to the tax rules applicable to the transaction and the information supplied by the Customer.
- Luxembourg: Luxembourg VAT is charged at the applicable rate, currently 17% for standard-rated transactions.
- Eligible intra-EU B2B deliveries: where the legal conditions for an intra-Community supply are met, including the required VAT and transport evidence, the sale may be invoiced without Luxembourg VAT.
- Exports outside the EU: the tax treatment depends on the destination and applicable export conditions. Import VAT, customs duties and destination-country charges remain governed by the rules applicable at destination.
The Customer is responsible for the accuracy and validity of its tax identification and for taxes, duties or declarations that fall on the Customer in its country of import, resale or distribution.
8. Payment terms and card-payment fee
Unless specific written conditions provide otherwise, confirmed orders must be paid in full before processing and shipment.
Payment methods offered by LMD are:
- Bank transfer: LMD does not charge a payment fee. Any fee charged by the Customer’s bank, intermediary bank or payment institution remains at the Customer’s expense.
- Bank card: available only where offered by LMD and where the final amount debited to the card does not exceed EUR 3,000.
A 2% card-payment fee applies. It is calculated on the amount payable by card after application of any coupon and after VAT and transport are included, but before adding the card-payment fee itself. The EUR 3,000 card-payment limit is assessed on the final card debit, including the card-payment fee.
Payment is deemed received when the funds have been credited to LMD’s account or when LMD has successfully identified and accepted the payment. Uploading proof of bank transfer may assist identification but does not by itself constitute receipt of funds.
Where LMD exceptionally grants deferred payment terms in writing, late-payment interest and statutory recovery costs may apply in accordance with Luxembourg law, including any fixed recovery compensation and reasonable additional recovery costs available by law.
9. Marketing coupons and commercial coupons
LMD distinguishes between marketing coupons and commercial coupons. They have different purposes and rules.
| Rule | Marketing coupon | Commercial coupon |
|---|---|---|
| Purpose | Promotion or discretionary marketing benefit. | Issued in connection with a credit note, refund or recognised commercial adjustment. |
| Cash / monetary value | Not redeemable for money. | May be converted into a monetary reimbursement in accordance with the related credit-note/refund process. |
| Transfer | May be transferred to another customer company only after approval by the account manager. | Non-transferable. It may only be used by the customer account to which the corresponding credit note was issued. |
| Merge / split | Not automatic. On request, the account manager may merge marketing coupons or split one into smaller marketing coupons. | Not permitted. A commercial coupon cannot be merged, split, manually restructured or converted into another coupon. |
| Combination | Only one marketing coupon may be used on an order unless LMD has first merged coupons. | Cannot be combined or merged with a marketing coupon or another commercial coupon. |
| Partial use | Not permitted. A marketing coupon whose value exceeds the eligible product value cannot be used unless LMD first splits it on request. | Permitted only where the commercial-coupon balance exceeds the eligible product value of the order. The product value may be reduced to EUR 0 and the unused balance remains available on the same commercial coupon for a future order. |
| Expiry | Any validity period or conditions stated on the coupon apply. | No expiry, unless required by law or expressly agreed in connection with the underlying credit note. |
| Eligible charges | Products only. | Products only. |
Coupons cannot be used to pay transport contributions or card-payment fees. The transport contribution is calculated on the relevant product value before coupon application. Where the remaining amount is paid by card, the 2% card-payment fee is calculated on the amount actually payable by card after the coupon has been applied, as described in Article 8.
10. Transport contribution and delivery destinations
LMD applies the following standard transport-contribution policy unless specific written transport conditions or a quotation provide otherwise:
No transport contribution is charged on the first two orders of each customer company that are actually paid and executed. Cancelled orders do not count toward these two orders.
A transport contribution equal to 2% of the product value excluding VAT and before coupons and other discounts is charged, capped at EUR 180 per order.
The standard 2% / EUR 180 rule also applies to deliveries to the United Kingdom, subject to the customs and import charges described below.
LMD delivers within the European Union and to the United Kingdom. Deliveries to Switzerland, Norway or other countries may be accepted only by prior agreement and may be subject to a specific transport quotation and specific commercial conditions.
For United Kingdom deliveries, the Customer must provide a valid EORI number. The Customer acts as importer of record and bears import VAT, customs duties, customs-clearance charges and other destination-country import costs.
11. Delivery term, transfer of risk and retention of title
Unless different written conditions are agreed for a particular order, deliveries are made DAP — Delivered at Place (Incoterms® 2020) to the delivery address or other named destination stated in the order documents.
Under DAP, LMD bears the risk of loss or damage until the goods are placed at the Customer’s disposal on the arriving means of transport, ready for unloading, at the agreed named place. Unloading is the Customer’s responsibility unless otherwise agreed in writing.
Title to the products remains with LMD until full and effective payment of the price, VAT where applicable, transport contribution, payment fees and other amounts due for the order.
The transfer of risk and the transfer of title are separate. If specific written conditions or another Incoterm are stated for a transaction, those specific terms prevail.
12. Delivery, tracking and partial shipments
Processing begins after payment has been received. Tracking information is made available in the Customer’s account when the shipment is dispatched, where tracking is provided by the carrier.
Delivery is generally expected within 8–12 business days from receipt of payment, depending on destination. This timeframe is indicative and is not a guaranteed delivery date.
LMD does not make partial deliveries as a standard Customer option. LMD may, however, initiate a partial shipment where operationally appropriate. If LMD initiates a partial shipment, the Customer is not charged an additional transport contribution solely because LMD elected to split the shipment.
Unless the Customer and LMD expressly agree otherwise, LMD chooses the carrier, route and logistics arrangements compatible with the agreed destination and delivery term.
13. Receipt, inspection and claims
The Customer must inspect the external condition of parcels or pallets immediately at delivery and inspect the contents promptly after opening.
Transport-related damage or missing goods
Claims relating to transport damage or missing products must be sent to contact@lmdbeauty.eu within 5 business days after the delivery date. For the purpose of this deadline, the delivery date recorded by the carrier’s tracking system is the reference date.
For such claims, the Customer must provide:
- the LMD order number;
- clear photographs of each relevant parcel or pallet taken at delivery and before opening;
- a clear photograph of the shipping label;
- photographs of the damage, missing-product context or contents after opening where relevant; and
- where reasonably possible, precise reservations on the carrier’s delivery document or equivalent record when external damage is visible.
Wrong reference or quantity discrepancy
A claim concerning an incorrect reference or a quantity discrepancy discovered after opening must be submitted within 20 business days after the delivery date, using the carrier tracking date as the reference date, together with photographs and other supporting evidence reasonably required to verify the claim.
LMD generally reviews documented claims within 1–3 business days, but this is an indicative review target and not a guaranteed resolution time.
14. Returns, refunds, credit notes and remedies
No return may be sent without LMD’s prior written agreement.
If an event for which LMD is not responsible results in the Customer no longer wishing to keep the goods, LMD and the Customer may nevertheless agree to a return on an exceptional basis. Such a return is not automatic. Unless LMD agrees otherwise in writing, return transport costs and risks are borne by the Customer, and any refund is processed only after LMD has received, inspected and approved the condition of the returned goods.
Products returned for reasons other than a recognised defect must be unopened, unused, untested, unsealed where a seal is present, and in a condition suitable for resale.
Where LMD is responsible for an error or recognises a defect and requires the goods to be returned, LMD provides or organises the return transport/label.
When a claim is accepted, the solution is determined by mutual agreement between LMD and the Customer. Depending on the case, it may include:
- a monetary refund;
- issuance of a credit note followed by reimbursement by bank transfer;
- issuance of a commercial coupon linked to the credit note; or
- return of defective goods where LMD requires them to be returned.
Replacement of products or reshipment of missing products is not an automatic remedy and is not owed unless LMD expressly agrees otherwise.
Where only part of an order is refunded, including following an accepted product return, a courtesy compensation or a similar commercial adjustment, any refund or credit is applied to the purchase price of the products concerned only. The transport contribution charged on the original order and any card-payment fee charged on the original transaction remain non-refundable and are not recalculated, reduced or credited as a result of the partial refund. Where VAT applies to the refunded product amount, any VAT adjustment required by applicable law is handled through the corresponding credit note.
This rule applies to partial refunds and partial commercial adjustments. It does not prevent a different treatment where LMD cancels an entire order before shipment, where LMD expressly agrees otherwise in writing, or where mandatory law requires otherwise.
Refunds are normally made using the original payment route where operationally possible. For an order originally paid by card, LMD may request the Customer’s bank details and process the refund by bank transfer.
15. Product warranty and quality issues
LMD is responsible for proven defects attributable to the products to the extent required by applicable law and these GTS, provided that the goods have been stored, transported, handled and used under appropriate conditions after delivery.
LMD is not responsible for deterioration resulting from:
- incorrect storage, preservation or handling by the Customer or a third party after risk has transferred;
- inappropriate temperature, humidity, light or environmental conditions;
- alteration of the product, packaging, identification or labelling by the Customer;
- loss of batch traceability attributable to the Customer; or
- use or resale contrary to the manufacturer’s instructions or applicable regulations.
No warranty is given regarding the Customer’s resale speed, expected turnover, margin, ranking, marketplace performance or commercial success of any product.
16. Customer resale, distribution and regulatory obligations
The Customer may resell authentic products purchased from LMD through physical retail stores, its own online stores and third-party marketplaces, and may resell or export products outside the original delivery territory, subject to applicable law.
The Customer remains responsible for the legal and regulatory obligations arising from its own import, resale, export, distribution, advertising and marketing activity, including the rules applicable in the territories and sales channels in which it operates.
The Customer must maintain appropriate storage and hygiene conditions, preserve product and batch traceability, and retain the information reasonably necessary to identify products supplied by LMD.
Nothing in these GTS transfers to the Customer any legal obligation that applicable law places directly on LMD in its own capacity as seller or distributor.
17. Trademarks, product visuals and commercial materials
Brand names, trademarks, logos, product images, videos and other rights relating to third-party products remain the property of their respective rights holders.
The Customer may use product and brand materials made available by LMD solely to promote and resell authentic products purchased from LMD, to the extent such use is permitted by the relevant rights holders and applicable law.
No intellectual-property right is transferred to the Customer. LMD may request removal or correction of material that is misleading, unlawful, infringes third-party rights or falsely suggests a relationship, endorsement, stock position or product characteristic.
18. Confidentiality
The Customer must keep confidential non-public commercial information obtained through the relationship with LMD, including in particular:
- restricted B2B stock lists;
- non-public prices and negotiated discounts;
- non-public sourcing and supplier information; and
- non-public commercial, logistics or strategic information.
This obligation applies during the commercial relationship and for 1 year after it ends, except where disclosure is required by law or to professional advisers bound by appropriate confidentiality obligations.
19. Liability
To the fullest extent permitted by applicable law, LMD is liable only for proven direct loss caused by a breach attributable to LMD.
LMD is not liable for indirect or consequential losses, including loss of profit or margin, loss of turnover or sales, loss of customers, loss of business opportunity, loss of goodwill, marketplace performance loss or other economic consequences that are not the direct value of the affected order or goods.
To the fullest extent permitted by law, LMD’s aggregate liability arising out of or in connection with an order is capped at the value of the affected order excluding VAT.
The exclusions and cap in this Article do not apply to liability that cannot lawfully be excluded or limited, including where such limitation would be invalid under mandatory Luxembourg law.
LMD is not responsible to the extent loss results from the Customer’s own acts or omissions, improper storage or handling, regulatory non-compliance, inaccurate instructions or information, or a third party for whom LMD is not legally responsible.
20. Force majeure and events beyond reasonable control
Neither party is liable for failure or delay in performing an obligation where that failure or delay results from a force-majeure event or other event meeting the applicable requirements under Luxembourg law.
Depending on the circumstances, such events may include natural disasters, fire, war, riots, serious labour disputes, pandemics, administrative restrictions, customs blockages, major carrier or logistics disruptions, exceptional supply shortages, major cyber incidents, network outages or similar events outside the affected party’s reasonable control.
The affected party must make reasonable efforts to limit the consequences. If the event continues for an unreasonable period and materially prevents performance of an order, either party may seek termination of the affected obligations without compensation, subject to amounts due for performance already completed and unavoidable costs already incurred.
21. Suspension, refusal and termination
LMD may refuse a new order or suspend an account, order, preparation or shipment where reasonably justified, including in the event of:
- non-payment, late payment or payment incident;
- incorrect, incomplete or misleading customer information;
- fraud, sanctions, regulatory, security or compliance concerns;
- a legitimate solvency or commercial risk;
- serious or repeated breach of these GTS; or
- serious breach of obligations applicable to the Customer’s resale or distribution activity.
Where a breach can reasonably be remedied, LMD may give the Customer a written notice allowing 15 days to remedy it before terminating the affected contractual relationship. Immediate suspension or termination remains possible where reasonably necessary because of fraud, illegality, safety, security, sanctions, serious payment risk or another situation that cannot reasonably await a cure period.
22. General provisions, governing law, disputes, language and versions
Severability and changes in law
If a provision of these GTS is held invalid, unenforceable or inapplicable, the remaining provisions remain in force. Where appropriate, the affected provision should be interpreted or replaced as closely as possible to preserve its lawful commercial purpose.
Future versions
LMD may update these GTS. A new version applies only to orders confirmed after that version takes effect. The version accepted for a particular order continues to govern that order.
Language
The GTS may be made available in several languages. In the event of a difference in interpretation between translations, the English version prevails, to the extent permitted by applicable law.
Governing law and amicable resolution
These GTS, the commercial relationship between LMD and the Customer and orders governed by them are subject to the laws of the Grand Duchy of Luxembourg.
Before commencing court proceedings, the parties shall first make a reasonable attempt to resolve the dispute amicably.
Jurisdiction
Failing amicable resolution, and to the extent a jurisdiction agreement is legally permitted, the courts of the judicial district of Luxembourg have exclusive jurisdiction over disputes relating to these GTS or the orders governed by them.