Public Offer Agreement
Terms and Conditions of Use
The website www.amarants.lu (hereinafter referred to as the “Website”) allows users to view and download materials from the Website solely for personal, non-commercial use, provided that all copyright notices and other proprietary notices contained in the original materials and any copies thereof are retained.
It is prohibited to modify, reproduce, copy, distribute, publish, display, transmit, sell, license, or otherwise use any materials from this Website for commercial or public purposes without the prior written consent of Amarants Aesthetic.
All materials available on the Website, including but not limited to texts, images, graphics, logos, design elements, product descriptions, databases, trademarks, videos, and software, are the intellectual property of Amarants Aesthetic or are used legally under applicable licenses and permissions.
Any unauthorized use of Website materials may constitute a violation of European Union legislation relating to copyright, trademarks, intellectual property rights, data protection, and other applicable legal regulations.
Users are prohibited from:
✺ interfering with the operation or security of the Website;
✺ attempting unauthorized access to the Website, server, databases, or user accounts;
✺ using automated systems, bots, or software for data extraction or copying Website content;
✺ using Website materials in a misleading, unlawful, or defamatory manner.
Amarants Aesthetic reserves the right to modify, suspend, or discontinue any part of the Website or services at any time without prior notice.
The Website and its content are provided “as is” without guarantees of uninterrupted operation or absence of technical errors. Amarants Aesthetic shall not be held liable for temporary interruptions, technical failures, viruses, third-party actions, or any damages resulting from the use or inability to use the Website.
By accessing and using www.amarants.lu, the user confirms acceptance of these Terms and Conditions and agrees to comply with all applicable laws and regulations.
If the user does not agree with these Terms and Conditions, they must immediately stop using the Website.
Legal Information
By registering on the Website, including creating a personal account and/or registering as a user of any Website services, and by performing the relevant actions under their real (not fictitious) name, the Customer gives consent to the Website owner for the processing of the Customer’s personal data, including:
✺ first name, last name, and patronymic (if applicable);
✺ gender;
✺ email address;
✺ mobile phone number;
✺ delivery address and postal code;
✺ date of birth;
✺ purchase history and order details;
✺ additional information regarding interests and preferences related to specific products.
The User agrees that Amarants Aesthetic SARL-S may use the Customer’s personal data for the following purposes:
✺ providing customer support upon Customer request;
✺ improving Website services, content, functionality, and advertising;
✺ creating, processing, and maintaining customer databases;
✺ informing Customers about services, news, promotional offers, and marketing communications, subject to the Customer’s subscription consent.
Using the personal data provided by the Customer, Amarants Aesthetic SARL-S may improve the quality of services offered to Customers and strengthen the protection of Customers’ personal data against unauthorized access by third parties.
The Customer may place orders without registration on the Website by completing a quick-order form and confirming consent to the use of personal information by selecting the checkbox:
“I agree to the use of my personal data by Amarants Aesthetic SARL-S and the courier service for the purpose of order fulfillment.”
By registering on the Website voluntarily, lawfully, consciously, and possessing all necessary rights and authority as a data subject, and in accordance with applicable European Union legislation on personal data protection, the Customer confirms acceptance of the Privacy Policy and grants consent to the processing of personal data by Amarants Aesthetic SARL-S by selecting the checkbox:
“I agree with the Privacy Policy of Amarants Aesthetic SARL-S.”
If the Customer refuses to provide consent for the processing of personal data by Amarants Aesthetic SARL-S, registration on the Website may be denied.
By accepting the Terms of Website Use, the Customer grants Amarants Aesthetic SARL-S consent to process personal data, including possible transfer outside the European Union where legally permitted and necessary for order fulfillment, as well as transfer of personal data to Amarants Aesthetic SARL-S partners strictly within the purposes specified in these Terms.
Personal data may be transferred exclusively to payment providers, logistics companies, courier services, technical service providers, and other authorized partners involved in order processing and customer support.
Processing of personal data is carried out in accordance with:
✺ Regulation (EU) 2016/679 (General Data Protection Regulation — GDPR);
✺ applicable legislation of the European Union;
✺ applicable laws of the Grand Duchy of Luxembourg.
Amarants Aesthetic SARL-S undertakes to implement all reasonable technical and organizational measures necessary to protect personal data from unauthorized access, alteration, disclosure, loss, or destruction.
Upon receiving such consent from the Customer, Amarants Aesthetic SARL-S has the right to transfer personal data to persons involved in the fulfillment of the Customer’s order (including courier and delivery services), as well as to Amarants Aesthetic SARL-S partners responsible for processing or fulfilling the Customer’s order.
In addition, the transfer of personal data to third parties is permitted in the following cases:
✺ when it is necessary for the fulfillment of the Customer’s order or request;
✺ upon lawful and justified requests from governmental or regulatory authorities authorized to request and receive such information;
✺ when necessary to protect the property, legal rights, or safety of Amarants Aesthetic SARL-S, its Customers, or society as a whole, in accordance with applicable European Union legislation.
Amarants Aesthetic SARL-S undertakes all reasonable technical and organizational measures to protect Customers’ personal data provided during order placement on the Website.
The purpose of processing the Customer’s personal data includes:
✺ identification of the Customer while using the Website;
✺ processing and fulfillment of product orders;
✺ providing advertising and special offers;
✺ informing Customers about promotions, giveaways, purchase history, and other activities of Amarants Aesthetic SARL-S;
✺ improving the quality of products, services, and customer experience;
✺ better understanding Customers’ needs and preferences.
Amarants Aesthetic SARL-S processes personal data in accordance with:
✺ Regulation (EU) 2016/679 (General Data Protection Regulation — GDPR);
✺ Directive 2002/58/EC concerning privacy and electronic communications;
✺ Directive 2011/83/EU on consumer rights;
✺ applicable laws of the Grand Duchy of Luxembourg and the European Union.
Amarants Aesthetic SARL-S takes all necessary measures to protect Customers’ personal data in compliance with applicable personal data protection legislation.
Contact Information
Orders on amarants.lu may be placed at any time.
Please note that our managers process orders from Monday to Friday, from 10:00 AM to 6:00 PM (Luxembourg time).
If you have any questions, you may contact us by phone at:
+352 661 230 000
or via any messenger service indicated on the Website.
Public Offer Agreement
This Public Offer Agreement (hereinafter referred to as the “Agreement” and/or “Offer”) is entered into between:
✺ www.amarants.lu, hereinafter referred to as the “Seller,” on the one hand,
and
✺ any individual or legal entity, hereinafter referred to as the “Buyer,” acting for the purpose of purchasing Products and/or Services and accepting the terms of this Agreement, on the other hand.
This Agreement constitutes a public offer in accordance with:
✺ Directive 2000/31/EC on electronic commerce;
✺ Directive 2011/83/EU on consumer rights;
✺ Regulation (EU) 2016/679 (GDPR);
✺ applicable legislation of the European Union and the Grand Duchy of Luxembourg.
By accepting the terms of this Agreement, any individual or legal entity agrees to comply with all provisions set forth herein.
1. General Provisions
1.1. The Seller offers and sells products and services through the Website: www.amarants.lu.
1.2. This Agreement constitutes a public offer agreement in accordance with:
✺ Directive 2000/31/EC of the European Parliament and of the Council on electronic commerce;
✺ Directive 2011/83/EU on consumer rights;
✺ applicable legislation of the European Union and the Grand Duchy of Luxembourg.
The terms of this public offer are identical for all Buyers regardless of their status, including individuals, legal entities, or self-employed persons/entrepreneurs.
1.3. The following terms used in this Agreement shall have the following meanings:
Offer — a public proposal made by the Seller to any individual and/or legal entity to conclude a Public Agreement for the purchase of products and/or services, the list and photographs of which are displayed on the Website: amarants.lu.
Acceptance — full and unconditional acceptance by the Buyer of the terms of this Agreement regarding the purchase of products and services by adding them to the virtual shopping cart and/or completing an order.
Product — any material object offered for sale on the Website.
Service — any activity related to the sale, purchase, delivery, consultation, or use of products that is consumed in the process of performing a particular action or activity for the Buyer’s personal or professional needs.
Seller — Amarants Aesthetic SARL-S and/or any authorized legal entity or entrepreneur legally operating in accordance with applicable laws and selling products through the Website.
Buyer — any legally capable individual or legal entity that has accepted the terms of this Agreement and intends to purchase products and/or services.
Personal Account — an electronic account within the functional system of the Website through which the Buyer may manage purchases, personal data, orders, and other Website services.
Registration — acceptance by the Buyer of this Agreement and the procedure during which the User provides necessary information by filling in the relevant forms on the Website in order to access Website services. Registration is considered completed only after successful completion of all required stages in accordance with the instructions published on the Website.
Personal Data — any information or set of information relating to an identified or identifiable natural person.
Products — perfumery and cosmetic products, professional skincare products, aesthetic medicine products, devices, and equipment used within the cosmetology and aesthetic industry.
1.4. By starting to use the Website through registration and/or by clicking the “Place Order” button on the checkout page, the Buyer is deemed to have fully accepted the terms of this Agreement without any reservations or exceptions.
If the Buyer disagrees with any provisions of this Agreement, the Buyer must immediately stop using the Website www.amarants.lu and its services.
2. Subject of the Agreement
2.1. The Seller undertakes, under the terms and conditions set forth in this Agreement, to sell Products based on Orders placed by the Buyer through the relevant pages of the Website www.amarants.lu, and the Buyer undertakes to purchase and pay for such Products under the same terms and conditions.
2.2. The Seller guarantees that the Products are not pledged, under arrest, subject to dispute, or encumbered by any third-party rights or claims.
3. Registration on the Website
3.1. The Buyer has the right to register on the Website in order to access additional services, professional accounts, newsletters, and other Website functions by completing the registration form and providing a valid email address accessible only to the User, a chosen password, and other information required for registration.
Registration on the Website is not mandatory for placing an Order unless otherwise specified for professional or partner access.
3.2. The Seller shall not be responsible for the accuracy or reliability of the information provided by the Buyer during registration.
3.3. The Buyer has the right to terminate their registration on the Website unilaterally, without prior notice to the Seller and without explanation of reasons.
3.4. The Buyer undertakes to keep their password confidential and not disclose it to third parties. In the event of suspected unauthorized access, compromise of login credentials, or possible unauthorized use by third parties, the Buyer must immediately notify the Seller.
3.5. Communication between the Buyer and representatives of the Seller must comply with generally accepted standards of morality, professionalism, and communication etiquette.
The use of offensive language, abusive expressions, threats, blackmail, harassment, discrimination, or inappropriate behavior is strictly prohibited regardless of form or recipient.
The Seller reserves the right to suspend communication, refuse service, or block access to the Website in cases of abusive or unlawful behavior.
4. Ordering Procedure
4.1. The Buyer independently places an order on the relevant pages of the Website www.amarants.lu by adding Products to the virtual shopping cart and clicking the “Place Order” button, or by placing an order via email, messenger services, or telephone numbers listed in the Website contact section.
4.2. The Seller undertakes to make reasonable efforts to ensure the availability of Products displayed on the Website.
Product photographs, packaging, descriptions, and design elements displayed on the Website may slightly differ from the actual appearance of the Product due to:
✺ manufacturer updates;
✺ packaging redesign;
✺ device display settings and color rendering;
✺ technical limitations of image presentation.
Such differences shall not be considered defects or grounds for claims.
4.3. If the Products ordered by the Buyer are unavailable in stock, the Seller reserves the right to remove the unavailable Product from the Order and/or cancel the Order by notifying the Buyer via email, telephone, or any other available communication method.
4.4. After the Order is placed, a representative of the Seller may contact the Buyer by email or telephone in order to:
✺ confirm Product availability;
✺ correct delivery details;
✺ confirm the estimated delivery date;
✺ clarify payment or shipping information if necessary.
The Seller reserves the right to refuse or cancel an Order in cases of suspected fraud, inaccurate information, technical errors, or violation of these Terms and Conditions.
4.5. In accordance with Directive 2011/83/EU of the European Parliament and of the Council on Consumer Rights, as well as applicable EU hygiene and safety regulations and Cosmetics Regulation (EC) No 1223/2009, perfumery and cosmetic products of proper quality that have been opened or unsealed after delivery are not subject to return or exchange due to hygiene and health protection reasons.
Upon receiving the Order, the Buyer is obliged to inspect the Product in the presence of the courier or representative of the delivery service.
If the appearance of the Product does not satisfy the Buyer, or if the Product does not correspond to the Order specifications, the Buyer must not open or use the Product and must immediately return it to the courier or send it back to the Seller via the delivery service.
The Seller will replace the Product provided that the original factory packaging, seals, and complete product condition are preserved.
Claims regarding appearance, packaging integrity, quantity, or visible defects are accepted only at the moment of delivery.
5. Price of the Agreement, Payment and Delivery Procedure
5.1. The price of each individual Product is determined by the Seller and indicated on the corresponding pages of the Website www.amarants.lu.
The total price of the Agreement is determined by the sum of the prices of all selected Products added to the virtual shopping cart, including delivery costs depending on the selected delivery method in accordance with Section 6 of this Agreement.
5.2. The total cost of the Order may change depending on the price, quantity, assortment, or specifications of the selected Products.
5.3. The Buyer may pay for the Order using the following methods:
5.3.1. Bank transfer to the Seller’s current account — the Buyer shall pay 100% prepayment within three (3) business days from the date of invoice receipt;
5.3.2. Online banking/payment card — payment is made during checkout on the Website www.amarants.lu by selecting the “Card Payment” option in the payment methods section;
5.3.3. Cash payment upon collection of the Order at the Seller’s office, where applicable;
5.3.4. Any other payment method agreed upon individually with the Seller.
5.4. In the event of cancellation or refusal of fully or partially prepaid Products, refunds shall be made using the same payment method originally used by the Buyer unless otherwise agreed between the Parties.
5.5. The Buyer receives the Products through courier or postal delivery services or personally at the Seller’s location. Detailed payment and delivery conditions are specified on the corresponding pages of the Website www.amarants.lu.
5.6. When Products are delivered to other Benelux countries using third-party courier or transportation companies, the Buyer fully and unconditionally agrees to comply with the transportation and delivery terms established by such courier or transportation companies.
5.7. Receipt of the Products and absence of claims regarding the delivered Products shall be confirmed by the Buyer through signing the delivery note, transport declaration, receipt, courier delivery document, invoice, or any other confirming delivery documentation.
The Seller guarantees shipment of the Products to the transportation company in the quantity ordered and paid for by the Buyer and in proper condition.
After acceptance of the Products by the Buyer, claims regarding visible external defects, quantity discrepancies, completeness, or original marketable condition Products shall not be accepted.
5.8. In the event that the Buyer is absent at the delivery address specified in the Order, or refuses to accept the Products without valid reason upon delivery by the courier service, the Products may be returned to the Seller.
The Seller reserves the right to charge the Buyer for repeated delivery costs or storage expenses where applicable.
5.8. In the event that the Buyer is absent at the delivery address specified in the Order, or refuses to accept the Product without valid reason during delivery by the courier service, the Product shall be returned to the Seller.
5.9. Refund requests for amounts paid for Products shall be processed within fourteen (14) days from the date of receipt of the corresponding request, in accordance with Directive 2011/83/EU of the European Parliament and of the Council on Consumer Rights and applicable European Union consumer protection legislation.
5.10. Refunds shall be made by transferring the value of the paid Product to the Buyer’s bank card, bank account, or by another refund method agreed upon between the Parties.
6. Liability of the Parties
6.1. The Seller undertakes to fulfill the obligations set forth in this Agreement in good faith and in accordance with applicable legislation.
6.2. The Seller undertakes to transfer the Product to the Buyer in accordance with the selected sample, confirmed Order, and the terms of this Agreement.
6.3. The Seller has the right to unilaterally suspend or terminate the provision of services under this Agreement in the event of violation of its terms by the Buyer.
6.4. All objects placed on the Website www.amarants.lu, including but not limited to design elements, texts, product descriptions, images, illustrations, videos, software, databases, music, sounds, trademarks, logos, and other materials, are subject to the exclusive intellectual property rights of the Seller or respective rights holders.
Any use of such materials without prior written permission is prohibited. Prohibited use includes, but is not limited to:
✺ reproduction;
✺ copying;
✺ modification;
✺ distribution;
✺ publication;
✺ public display;
✺ commercial exploitation.
6.5. The Buyer undertakes to timely pay for and receive the Products under the terms of this Agreement.
6.6. The Buyer undertakes to familiarize themselves with the information about the Products published on the Website prior to placing an Order.
6.7. Upon receipt of the Products, the Buyer undertakes to inspect the integrity of the packaging and completeness of the Products in the presence of the courier or representative of the delivery service.
In the event of damaged packaging or incomplete delivery, the Buyer must prepare a written report signed by both the Buyer and the courier/delivery representative.
6.8. The Buyer undertakes not to perform actions that may result in excessive load, disruption, or interference with the infrastructure or operation of the Website www.amarants.lu.
6.9. The Buyer undertakes not to use automated programs, scripts, bots, parsers, or other technical means to access or interact with the Website without prior written authorization.
6.10. The Buyer undertakes not to copy, reproduce, modify, publish, or distribute information posted on the Website without the Seller’s permission.
6.11. The Buyer undertakes not to interfere with the operation of the Website or obstruct the functioning of automatic systems, security mechanisms, servers, or software protecting the Website www.amarants.lu.
6.12. The Buyer has the right at any time to unsubscribe from informational and marketing email communications using the “Unsubscribe” function available in the personal account or email communications.
6.13. The Parties shall bear responsibility for failure to fulfill or improper fulfillment of the obligations under this Agreement in accordance with applicable legislation of the European Union and the Grand Duchy of Luxembourg.
6.14. In the event of disputes arising between the Parties, except for claims related to debt collection from the Buyer, the Parties undertake to resolve such disputes through negotiations and by following a pre-trial claim procedure.
The period for reviewing and responding to a claim shall be seven (7) calendar days from the date of its receipt.
The mandatory pre-trial claim procedure shall not apply to claims relating to debt collection or payment obligations.
6.15. Any disputes arising out of or in connection with this Agreement shall be governed by and interpreted in accordance with the laws of the European Union and the Grand Duchy of Luxembourg.
Any disputes that cannot be resolved through negotiations shall be submitted to the competent courts of the Grand Duchy of Luxembourg.
7. Conditions for Processing Customers’ Personal Data
7.1. By accepting the terms of this Agreement, registering, and/or placing an Order on the Website www.amarants.lu, the Buyer grants the Seller the right to process the Buyer’s personal data in accordance with applicable European Union legislation, including Regulation (EU) 2016/679 (General Data Protection Regulation — GDPR).
7.2. In particular, the Buyer agrees to the processing of personal data, including:
✺ collection;
✺ registration;
✺ storage;
✺ accumulation;
✺ adaptation;
✺ modification;
✺ updating;
✺ use;
✺ transfer and distribution where necessary;
✺ anonymization;
✺ deletion and destruction of personal data,
both in paper and electronic form.
Transfer of personal data to third parties, including cross-border data transfer where legally permitted and necessary for order fulfillment or operational purposes, is also allowed.
7.3. Purposes of collection and processing of personal data include:
7.3.1. Sending special offers, information about new products, services, promotions, newsletters, and fulfillment of the Seller’s obligations toward the Buyer;
7.3.2. Fraud prevention, security monitoring, and protection against unlawful activity;
7.3.3. Collection of statistical and analytical information for improving Website functionality and customer service;
7.3.4. Providing customer support, communication, and feedback processing.
7.4. Customers’ personal data shall be stored for the duration necessary to fulfill the purposes described in this Agreement, comply with legal obligations, or until termination of the relationship between the Buyer and the Seller, unless otherwise required by applicable law.
7.5. Personal data, except anonymized or aggregated information, constitutes confidential information with restricted access.
7.6. The Seller may contact the Buyer and send notifications, marketing communications, or service messages via email, postal mail, telephone, SMS, or messenger services where permitted by law and subject to the Buyer’s consent where required.
7.7. Technical information, including IP addresses, browser information, cookies, device identifiers, and analytical data, may be collected and used for Website administration, security, analytics, and service improvement purposes.
7.8. The Seller does not intentionally collect or process sensitive personal data relating to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health data, biometric data, sexual orientation, or private life of Buyers.
The Seller shall not be held responsible for voluntary disclosure of such information by Users through the Website or communication channels.
8. Cookie Policy
8.1. A cookie is a small software file containing a string of characters that is sent to the user’s device when visiting a particular webpage of the Website. Upon subsequent visits, the Website may use cookies to recognize the user’s browser and remember certain preferences or settings.
The technology used on the Website may send one or more cookie files to the user’s device.
8.2. The Seller uses cookies for the following purposes:
✺ facilitating access to certain Website services and functions;
✺ improving user experience and Website performance;
✺ collecting statistical and analytical information regarding Website usage;
✺ improving the effectiveness of interaction between the Buyer and the Website;
✺ analyzing marketing activities and advertising performance.
The collected information is generally processed in aggregated or anonymized form and does not directly identify individual users.
8.3. Information collected through cookies may be transferred to third-party service providers, including but not limited to:
✺ website analytics and statistics systems (such as Google Analytics and similar services);
✺ social media platforms whose plugins or integrations are used on the Website (including Facebook, Instagram, TikTok, LinkedIn, and others).
8.4. Employees of the Seller and authorized third-party service providers cooperating with the Seller may have access to cookie-related data strictly within the scope necessary for the operation, analytics, security, marketing, and maintenance of the Website.
8.5. The Seller may disclose information to third parties where required by applicable law, court order, governmental request, or where necessary to protect legal rights, property, security, or to prevent potentially unlawful activities.
8.6. The Buyer/User may refuse the collection or use of cookies by:
✺ adjusting browser settings to block or reject cookies;
✺ configuring the browser to automatically delete cookies;
✺ disabling specific analytical or advertising cookies through browser or system settings.
Please note that disabling cookies may affect the functionality and availability of certain Website services and features.
8.7. By continuing to use the Website www.amarants.lu, the User confirms consent to the use of cookies in accordance with this Cookie Policy unless cookies are disabled through browser settings.
9. Miscellaneous Provisions
9.1. The Seller shall not be liable for unauthorized access to or use of the Seller’s servers and/or any information about Buyers stored on them, nor for any errors, viruses, malware, Trojan programs, or other harmful components that may be transmitted to or through the Website by third parties.
9.2. The Website and the services provided through it may be temporarily fully or partially unavailable due to technical reasons, maintenance work, updates, or circumstances beyond the Seller’s control.
The Seller’s technical service reserves the right to carry out maintenance, preventive, or technical work with or without prior notice to Buyers.
9.3. Relations between the User/Buyer and the Seller shall be governed by and interpreted in accordance with:
✺ applicable legislation of the European Union;
✺ Regulation (EU) 2016/679 (GDPR);
✺ Directive 2011/83/EU on consumer rights;
✺ applicable laws of the Grand Duchy of Luxembourg.
9.4. In the event of force majeure circumstances, including but not limited to natural disasters, war, terrorism, governmental restrictions, strikes, pandemics, failures of communication systems, interruptions in transportation or supply chains, or other circumstances beyond the reasonable control of the Parties, confirmed where required by competent authorities, the Parties shall be released from liability for partial or complete failure to fulfill obligations under this Agreement for the duration of such circumstances.
9.5. If any provision of this Agreement is declared invalid, illegal, or unenforceable by a competent court, such provision shall not affect the validity and enforceability of the remaining provisions of the Agreement.
9.6. If the Buyer does not agree with the terms and conditions of this Agreement, the Buyer must immediately stop using the Website www.amarants.lu and all related services.
Continued use of the Website shall constitute full acceptance of the current version of this Agreement and all amendments thereto.
9.7. The Seller reserves the right to amend, modify, supplement, or update this Agreement at any time without special notice to Users or Buyers.
The updated version of the Agreement shall enter into force from the moment it is published on the Website www.amarants.lu unless otherwise provided in the updated version.
9.8. The latest and valid version of the Agreement is always available on the Website. Users and Buyers are responsible for independently reviewing the current version of the Agreement before using the Website or placing Orders.
9.9. Headings and section titles used in this Agreement are for convenience only and shall not affect the interpretation of the provisions herein.