Terms and Conditions of Sale (TCS)
These Terms and Conditions of Sale (the "Terms") apply to all orders placed on the website "www.hibana-deco.com", published by L.M.K. Internationale, a company registered in Luxembourg under number B278858, with its registered office at 70 route de Burange, 3429, Dudelange, Luxembourg.
Bank and IBAN
Hibana's contact details are as follows:
Email address: direction@hibana-deco.com
These Terms are concluded between Hibana and any individual acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, or professional activity, wishing to make a purchase on the Website (hereinafter referred to as the "Buyer"). Hibana and the Buyer are hereinafter collectively referred to as the "Parties".
Placing an order on the Website implies prior consultation and acceptance of these Terms, which are available for review on the Website. Before confirming their order, the Buyer is invited to check the box indicating that they have read and accepted these Terms. Checking this box constitutes full and unconditional acceptance of these Terms. The Parties therefore agree that their relationship is governed by these Terms.
Hibana reserves the right to modify these Terms at any time, occasionally and without prior notice, by publishing a new version on the Website. The Buyer may not, under any circumstances, modify these Terms. The applicable Terms are those available on the Website at the time the Buyer places the order.
If any provision of these Terms is found to be invalid under Luxembourg law or by a court decision, the remaining provisions will remain in full force and effect.
Orders can be placed in French.
Once an order is completed, a summary is sent to the email address provided by the Buyer, allowing them to retain a copy. The order is also archived by Hibana.
1. The Buyer
To place a valid order on the Website, the Buyer must be at least 18 years old and have legal capacity. If the Buyer is under 18, they must hold parental authorization allowing them to make purchases on the Website. The Buyer therefore declares that they have the capacity to enter into this contract and are not under guardianship.Hibana reserves the right to request proof of age or parental authorization from any Buyer and may choose not to fulfill the order if such proof is not provided. When providing delivery and billing details for one or more products available on the Website, the Buyer must ensure that the information submitted is accurate and complete. In case of an error in the recipient’s details, Hibana cannot be held responsible for the inability to deliver the product(s) (as defined below). Hibana also reserves the right to cancel any order (with a refund) if it appears not to comply with the above conditions, without incurring liability.
2. Products
The products offered for sale are scented candles, each presented with a description and detailed specifications on the Website. Product photos are non-contractual.The Website strives to ensure that the products correspond to the images and descriptions shown, but some variations may occur.Hibana will fulfill orders placed by the Buyer within the limits of available stock.
3. Prices
Product prices are listed in euros (€) and include VAT at the applicable rate in Luxembourg, as well as order processing fees.
Shipping costs are not included in the product prices and will be added to the total amount of the order during the checkout process. Delivery charges depend on the shipping destination of the product(s). These fees are automatically calculated and are clearly indicated in the order summary before payment by the Buyer. Delivery countries: Luxembourg, France (excluding Overseas Territories and Corsica). In the event of a withdrawal (right of return), return shipping costs are the responsibility of the Buyer (see Article 10 below). Any discounts or promotional offers will be applied to the Buyer’s order if they meet the eligibility conditions and correctly enter any applicable promotional codes.
Prices may be changed at any time, but such changes will not apply to orders that have already been confirmed.
4. Orders
To place an order, the Customer must follow these steps:
Any order confirmed on the Website is considered firm and final.
The sales contract is concluded once the order payment is accepted and the Customer receives a confirmation email.
The Buyer will receive an email from Hibana acknowledging receipt of the order and summarizing the order details, sent to the email address provided during checkout.
5. Product Unavailability
In the event that, despite Hibana’s diligence, one or more of the product(s) ordered by the Buyer become temporarily or permanently unavailable, or if delivery times exceed the estimated date by more than eight (8) days (except in cases of force majeure), Hibana will inform the Buyer by email.
The Buyer will then have the option to modify or cancel their order by sending an email to direction@hibana-deco.com no later than fifteen (15) business days after being notified by Hibana. If applicable, Hibana commits to refunding the Buyer whose payment has already been processed, as soon as possible and no later than fifteen (15) daysfollowing the date of the order modification or cancellation. No additional compensation shall be owed by Hibana to the Buyer.
6. Payment
Payment is secure and processed through an authorized payment service provider. Orders may be paid using credit or debit card (Visa, MasterCard).
In the event of a payment refusal, the order will be automatically cancelled, and the Customer will be notified by email.
No banking information is stored on the server, and Hibana has no access to the Buyer’s payment details. All payments are processed via a third-party platform, ensuring a high level of security for transactions made on the Website.
If the Buyer uses a foreign credit or debit card, it must be valid for international transactions. Any fees or charges related to the payment that may be applied to the Buyer will remain entirely their responsibility.
The Buyer guarantees that they are authorized to use the payment card used to complete the transaction.
The total amount to be paid for the order is indicated to the Buyer on the web page summarizing their “cart”, which includes all the elements of the order. Before proceeding to payment, the Buyer has the opportunity to review the order details and total price online, and to correct any input errors made during the order process, up until the moment of payment. Once payment has been completed by the Buyer, the order is confirmed and becomes final, without prejudice to the Buyer’s right of withdrawal.
The Buyer expressly acknowledges that submitting their banking details (full name, card number, expiration date, and security code) constitutes authorization to debit their account for the full amount due for the order. In principle, the account will only be debited when the order is shipped, to avoid charging the Buyer for product(s) that may not be immediately available.
7. Ownership
The products remain the full and exclusive property of Hibana until full payment of the invoiced amount has been received, including any applicable fees and taxes.
8.1 Delivery
Orders are delivered to the delivery address provided by the Buyer at the time of purchase on the Website.
The Customer can track the status of their order via the Website or through the tracking link provided by the carrier.
If delivery cannot be completed, or if the Buyer refuses the delivery, the package will be returned to Hibana, and the Buyer will be refunded within 15 days of Hibana receiving the returned parcel.
Hibana cannot be held responsible for the performance of its external carriers’ obligations, without prejudice to the consumer’s rights with respect to those carriers (as defined in Article VI.44 of the Belgian Economic Law Code).
If Hibana's direct responsibility is invoked, Hibana may be exempt from liability, in whole or in part, by demonstrating that the non-performance or poor performance of the contract is attributable either to the Buyer, to the unforeseeable and unavoidable act of a third party, or to a force majeure event.
8.2 Delivery Times
Products are delivered within 5 to 8 business days following order confirmation, subject to product availability.Deliveries are made to the address provided by the Customer during the ordering process.
Delivery times may vary depending on the destination country selected by the Buyer and the time the order is placed. Generally, delivery times should not exceed eight (8) days, except in exceptional cases, from the day following a paid order received by Hibana Monday to Friday before 12:00 PM.
Delivery times depend on:
(1) Hibana’s order processing time, and
(2) The carrier's delivery schedule.
Carrier delivery times
Hibana ships orders using external postal services, primarily through Chronopost, Colissimo, and Post Luxembourg.
9. Right of Withdrawal
In accordance with current legal provisions, the Customer has a 14-day right of withdrawal from the date of receiving the products. This right may be exercised without needing to give any reason and without incurring any penalties.
Products purchased directly from distributors, retailers, or other websites than the Hibana site cannot under any circumstances be returned directly to Hibana.
To exercise their right of withdrawal, the Customer must contact Customer Service at:
📧 direction@hibana-deco.com,
stating their intention to return the product(s) and specifying the order concerned.
Products must be returned in their original condition and packaging, undamaged, to the following address:
70 route de Burange, 3429, Dudelange, Luxembourg.
Return shipping costs are the responsibility of the Customer.
Hibana will refund all payments received from the Buyer if the entire order is returned. The cost of returning the product(s) to Hibana will be borne by the Buyer and will be deducted from the total refund due by Hibana.
The refund will be made by bank transfer to the account used at the time of purchase, within a maximum of fourteen (14) days from the date Hibana was notified of the Buyer’s decision to withdraw from the contract. However, Hibana may delay the refund until the returned product(s) have been received at the specified address or until the Buyer has provided clear proof of shipment, whichever comes first.
If the returned parcel is not received by Hibana, and the Buyer is unable to provide proof of delivery, the product(s) will not be refunded or exchanged, and Hibana shall not be held liable.
Parcels received by Hibana that do not comply with the return procedures outlined above will not be refunded.
10. Warranty
The scented candles sold on the Website are covered by the legal warranty of conformity and the warranty against hidden defects. In the event of a non-conformity or defect in the product, the Customer has a period of 15 days from delivery to assert their rights.
The Customer must report any issue to our Customer Service as soon as possible.
The legal warranty does not apply to defects resulting from accidents, negligence, improper use, failure to follow usage instructions, modifications or alterations made to the Product, or any other misuse by the
11. Liability
The Website makes every effort to ensure product availability and proper order processing. However, in the event of force majeure or product unavailability, Hibana and L.M.K. Internationale cannot be held liable.
The Website shall not be held liable for indirect damages resulting from the purchase of products.
If, by mistake, the Buyer receives a product that does not match the order, they must contact Hibana as soon as possible, and no later than fourteen (14) days after receiving the order, at 📧 direction@hibana-deco.com. Hibana will confirm the non-conformity of the delivery and provide instructions for returning the product. Return shipping costs will be covered by Hibana in this case.
The Buyer may not exercise the right of withdrawal mentioned above for products made to their specifications or clearly personalized, as defined in Article VI.53 of the Belgian Economic Law Code.
12. Personal Data Protection
In accordance with applicable legislation (GDPR), Hibana and L.M.K. Internationale are committed to protecting the personal data of their Customers. This data is collected solely for order processing and customer relationship management.
The Customer has the right to access, rectify, delete, or object to the processing of their personal data. These rights may be exercised by contacting Customer Service at:
📧 direction@hibana-deco.com
13. Force Majeure
Hibana shall not be held liable for the total or partial non-performance of its obligations under these General Terms and Conditions in the event of force majeure, including but not limited to strikes, bankruptcy of third parties contracted by Hibana, non-delivery or late delivery of goods by Hibana's external suppliers, trade restrictions, or the need to comply with new regulations.
14. Intellectual Property
All elements of the Website (texts, images, logos, trademarks, etc.) are protected by intellectual property rights. Any reproduction, distribution, or unauthorized use of these elements is strictly prohibited.
15. Governing Law and Jurisdiction
These General Terms and Conditions are governed by Luxembourg law. In the event of a dispute, the courts of Luxembourg shall have jurisdiction, subject to applicable territorial jurisdiction rules.
In the absence of an amicable resolution — which must be sought before any legal action — any dispute relating to the interpretation and/or performance of these terms falls under the jurisdiction of the competent courts pursuant to Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
The Parties may also file a complaint via the European Commission’s online dispute resolution platform, available at:
🔗 https://ec.europa.eu/consumers/odr
L.M.K. Internationale – Hibana
📍 70 route de Burange, 3429, Dudelange, Luxembourg
📧 direction@hibana-deco.com
🌐 www.hibana-deco.com
