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Terms of Sales
The company LUMIERES SARL with share capital of € 8,000, registered with the RCS Strasbourg under the number: 449810001, VAT number intracommunity: FR62449810001, Lumitop makes available to its customers via its website www .lumitop.com of the products of Lights. It is previously specified that the present General Conditions of Sale exclusively govern the sales of Products or Services on the Site.
CONTACT INFORMATION
Social seat: 11 rue Basse-Fontaine 67860 BOOFZHEIM
Telephone number: +33 (0) 3 69 81 49 43
Email: contact@lumitop.com
The user visiting the Site and who is potentially interested in the Products and Services offered, is invited to read these Terms and Conditions carefully. He is invited to print them and / or to save them on a durable medium, before proceeding to an order on the Site.
The Customer acknowledges having read the Terms and Conditions and accepts them in full and without reservation.
Application of the GTC
The Seller reserves the right to modify at any time the GTC by publishing a new version of the latter on the Site. The Terms and Conditions applicable to the Customer are those in force on the day of his order on the Site.
This Website offers the online sale of the following products:
Lighting, decorative objects.
Access to the Site is free and is free for any Customer. The Customer declares to have taken knowledge of the present GTCS and to have accepted them by checking the box envisaged for this purpose before the implementation of the procedure of order on line. Checking this box will be deemed to have the same value as a handwritten signature on the part of the Customer.
Acceptance of these Terms and Conditions assumes that Clients have the legal capacity to do so. If the Client is a minor or does not have this legal capacity, he declares to have the authorization of a guardian, a curator or his legal representative.
The Customer recognizes the evidential value of the Vendor's automatic registration systems and, except for him to provide evidence to the contrary, waives any challenge in the event of litigation.
Article 1 - Prices and methods of payment
1.1 - Pricing
The prices of the Products and / or Services are indicated in euros all taxes included (VAT + other taxes and in particular tax on the videograms, eco-participation ...) except participation in the expenses of treatment and forwarding.
LUMIERES reserves the right to modify its prices at any time and to pass, if applicable, any change in the VAT rate in effect on the price of the Products or Services offered on the Site. However, the products will be invoiced on the basis of the prices in force at the time of the validation of order. The displayed prices include the participation in the expenses of treatment and forwarding.
In case of order to a country other than metropolitan France the Customer is deemed to be the importer of the product concerned. For all products shipped outside the European Union and DROM-COM, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not within the purview of LUMIERES. They will be the responsibility of the Customer and are the sole responsibility of the Customer, both in terms of declarations and payments to the competent authorities and bodies of your country. The Client is advised to inquire about these aspects with his local authorities.
Article 2 - Orders and customer account
2.1 - Customer account
In order to place an order, the Customer is invited to create an account (personal space).
The Customer must register by completing the form at the time of the creation of the account, and undertakes to provide sincere and accurate information about his marital status and contact information, including his email address. The Customer may modify them at any time by logging into his account. He is responsible for updating the information provided.
To access his personal space and order history, the Customer must identify himself using his username and password that will be communicated to him after registration and are strictly personal. As such, the Customer prohibits any disclosure. Otherwise, he will remain solely responsible for the use that will be made.
The Customer may request unsubscription at any time by visiting the dedicated page or by sending an email to contact@lumitop.com. This will be done within a reasonable time.
In case of non-compliance with the general conditions of sale and / or use, the site LUMIERES will have the possibility to suspend or even close the account of a customer after formal notice sent electronically and remained ineffective.
Any deletion of the account, whatever the reason, causes the pure and simple suppression of all personal information of the Customer.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the Seller.
2.2 - Terms of payment
The Customer may place an order on this Site and may pay by:
- Bank card
-Bank transfer
- Paypal
No data relating to the Customer's means of payment is collected by the Site. Payment is made directly to the bank or payment provider receiving payment from the Customer. In the case of payment by check or bank transfer, the delivery periods defined in the "Delivery" section of these T & Cs do not begin to run until the date of actual receipt of payment by the Seller, the latter being able to provide proof by all means.
Purchase orders and invoices will be archived on a reliable and durable support constituting a faithful copy. The records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
2.3 - Orders
The Customer can place an order on:
- On the Internet: www.lumitop.com
The contractual information is presented in French and will be the subject of a confirmation containing this contractual information at the latest at the time of your order validation.
2.4 - Payment deadlines
The price is payable in full, on the day of the order.
Article 3 - Validation of the order
The Customer declares to have read and accepted these Terms of Sale before placing your order. The validation of his order is therefore acceptance of these Terms of Sale.
Article 4 - Availability
The availability of the Products is indicated on the Site, in the description of each Product. In the event of unavailability of product after placing the order, the Customer will be informed. The order will be automatically canceled and no bank debit will be made.
Article 5 - Delivery
5.1 - General
The products are delivered to the delivery address that the Customer will indicate during the ordering process, except for delivery restrictions indicated on the order validation page by the customer.
The Site has no geographical limitation of delivery, orders can be shipped anywhere in the world. In the event of delivery of a Product outside the territory of the European Union and in the DROM-COM, the Customer declares himself the importer of the Product and agrees that in such case, the Seller may be physically unable to provide him with accurate information on the total amount of customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
Unless otherwise stated on the Site during the order process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract with a Customer Consumer.
5.2 - Delivery times
The delivery time corresponds
the shipping time indicated on the article sheet to which is added
the processing and routing time.
In case of delivery by a carrier requiring an appointment with the Customer, the latter will contact the Customer as soon as possible to arrange a delivery appointment, 30 days at the latest from the date of your order confirmation. LUMIERES can not be responsible for late delivery due exclusively to the unavailability of the customer after several proposals for appointments by the carrier.
In case of orders several products at the same time and that they have different delivery times, the delivery time of the order is based on the furthest delay. LUMIERES however reserves the possibility of splitting shipments. Participation in processing and shipping costs will only be charged for one shipment.
In case of payment by credit card or private and split deliveries, only the products shipped are debited.
The customer is reminded that when he (or a third party designated by him) physically takes possession of the products ordered, the risk of loss or damage to the products is transferred to him.
Article 6 - Errors and Delays in Delivery
If the Customer's parcel is returned to the Seller by the Post Office or other postal service providers, the Seller will contact the Customer upon receipt of the parcel in return to ask him to follow up on his order. If the Customer has wrongly refused the parcel he will be able to request the return by paying in advance the payment of postal charges for the new shipment. Postal fees must be paid even for orders whose shipping costs were offered when ordering.
In case of error of delivery or exchange any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or mishandling of the Customer can not be attributed to the Seller.
In case of delay of shipment, an email will be sent to the Customer to inform him of a possible consequence on the delivery time that has been indicated. In case of late delivery, a new delivery time will be proposed.
Any delay in delivery in relation to the date or time indicated to the Customer Consumer during his order or, in the absence of indication of date or deadline when ordering, more than thirty (30) days from the date of delivery. conclusion of the contract may result in the resolution of the sale on the initiative of the Consumer Client under the conditions provided for in Articles L 216-2, L 216-3 and L241-1 of the Consumer Code. The request will have to be written on his part, sent by registered letter with acknowledgment of receipt if after having enjoined the Seller to carry out the delivery he did not execute. The Consumer Client will then be refunded, at the latest within fourteen (14) days following the date on which the contract was denounced, of all the sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.
Article 7 - Reception
In case of reservations on the delivered product (for example: damaged parcel, already open ...), the Customer must immediately notify the carrier and LUMIERES. The Customer may refuse a package at the time of delivery if it finds an anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products ...); Any anomaly must then be indicated by the Customer on the delivery note, in the form of handwritten reserves, accompanied by the signature of the Customer. To exercise his right of refusal, the Customer will have to open the damaged or defective parcel (s) in the presence of the carrier and have him take back the damaged goods. Failure to comply with these requirements, the Customer can not exercise his right of refusal, and the Seller will not be required to access the request for exercise of the right of refusal of the Customer.
Article 8 - Transfer of Ownership - Transfer of Risks
The acceptance of the purchase order by the Seller automatically entails the transfer of ownership of the Products ordered. Acceptance of the purchase order by the Seller automatically entails the transfer of risks on the Products ordered.
Article 9 - Right of withdrawal
9.1 - Legal delay of the right of withdrawal
In accordance with the legal provisions in force (Article L.221-18 of the Consumer Code), the Customer has a period of 14 days from the reception of the order to exercise his right of withdrawal without having to justify reasons nor to pay a penalty.
9.2 - Procedures for withdrawal
In case of exercising the right of withdrawal within the period referred to above, only the price of the purchased product (s) and the shipping costs will be refunded, the return costs being borne by the Customer.
Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing their remarketing in new condition. In case of depreciation of the product resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of the product, the responsibility of the Cllient can be engaged. It is understood that the Customer will bear the costs of returning the Product in case of withdrawal, as well as the cost of returning the Product if it, because of its nature, can not normally be returned by post. If the previous obligations are not carried out, the Customer will lose his right of withdrawal and the Product will be returned to him at his expense.
To exercise his right of withdrawal, in accordance with legal provisions, the Customer can find attached in Annex 2 the standard form of withdrawal to address to LUMIERES at the following address: LUMIERES 11 rue Basse-Fontaine 67860 BOOFZHEIM. Once the form or declaration of withdrawal sent to LUMIERES at the latest within 14 days of receipt of your order, the Customer must return the product (s) concerned to LUMIERES within a reasonable time and, at the latest, in the 14 days from the sending of the form or the declaration of withdrawal to LUMIERES.
The request must mention the order concerned by this retraction. If the returned package does not reach the Seller, it will not be possible to initiate an inquiry with the postal services to ask them to locate the latter. The Customer may exercise his right of withdrawal by:
The Customer may exercise his right of withdrawal by any means of communication.
In case of exercise of the right of withdrawal, LUMIERES will refund the sums paid no later than 14 days from the date on which LUMIERES is informed of your decision to retract and using the same means of payment as used for the order (except express agreement of the Customer for a refund by another means of payment).
This refund date may be deferred until receipt of the product or until the Customer has provided proof of shipment of the product. The Seller is not required to reimburse the additional costs in the case of choosing a more expensive delivery method than the standard delivery method offered on the Site.
Article 10 - Guarantees
10.1 - Conformity of products
In accordance with the provisions of the legal guarantees of conformity and latent defects (referred to in the box below and whose texts are specified in Appendix 1 of these conditions), LUMIERES refunds or exchanges products that are apparently defective or do not correspond to the order client. The Customer must then contact the Seller as soon as possible.
The products must be returned in the state in which the Customer received them with all the elements (accessories, instructions, etc.) in packaging allowing transport in good conditions.
It is recalled that within the framework of the legal guarantee of conformity, the consumer:
has a period of two years from delivery of the goods to act vis-à-vis its seller;
can choose between the repair or the replacement of the good, subject to the conditions of cost envisaged by the article L. 217-9 of the code of consumption;
is exempted from furnishing proof of the lack of conformity of the property during the six months following the delivery of the property. This period is extended to 24 months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies regardless of the commercial guarantee that may possibly cover your property. It is recalled that the consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he may choose between the resolution of the sale or a reduction the selling price in accordance with Article 1644 of the Civil Code.
The provisions of this Article do not prevent the customer from benefiting from the right of withdrawal provided for in this article.
10.2 - Satisfied or refunded
The Seller offers the Customer the opportunity to cancel if he is not satisfied with his order without having to justify his decision. The Client has seven (7) days to send his decision to the Seller by registered letter. The Seller will refund all sums paid by the Customer under his order.
Article 11 - Liability
Seller's liability may be incurred only in the event of gross, intentional or fraudulent negligence. In all other cases, the Seller's liability can never be sought or committed by the Clients.
The proposed products comply with the French legislation in force. The responsibility of LUMIERES can not be engaged in case of non-compliance with the legislation of the country where the product is delivered. It is the Client's responsibility to check with the local authorities the possibilities of importing or using the products or services he plans to order.
Article 12 - Intellectual Property
All texts, comments, works, illustrations, works and images reproduced or represented on the LUMIERES Site are strictly reserved under copyright as well as intellectual property and for the world. As such and in accordance with the provisions of the Code of Intellectual Property, only the use for private use subject to different or even more restrictive provisions of the Code of Intellectual Property is permitted. Any reproduction or total or partial representation of the Site or all or part of the elements found on the Site is strictly prohibited.
The corporate names, trademarks and distinctive signs reproduced on the Site are protected by trademark law. Reproduction or representation of all or part of any of the aforementioned signs is strictly prohibited and must be subject to prior written authorization from the trademark owner.
Article 13 - Applicable Law - Disputes - Claims Processing - Mediation
Applicable law: This contract is subject to French law. The language of this contract is French. In case of dispute the French courts will be competent.
Complaint handling: For any complaint you can contact the customer service at the coordinates mentioned in the preamble of these conditions.
Attribution of jurisdiction :
In case of difficulty occurring during the ordering or delivery of the items sold on the Site, the Customer will first contact LUMIERES to seek an amicable solution. The Customer has the option of using conventional mediation or any other alternative dispute resolution process.
In the event of a dispute, in accordance with Regulation No 44/2001 of 22 December 2000:
- The Client can seize either the court of the place where he is domiciled, or the French courts,
- LUMIERES can seize the court of the place where the Customer is domiciled.
Mediation of consumer disputes:
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Customer may in any case resort to a conventional mediation, with existing sectoral mediation bodies or any alternative dispute resolution in case of dispute. In this case, the designated mediator is
Medicys
73 boulevard de Clichy, 75009 Paris
01 49 70 15 93
contact@medicys.fr
Online Dispute Resolution Platform:
In accordance with Article 14 of Regulation (EU) No 524/2013, an online Dispute Resolution Platform has been set up by the European Commission, facilitating the independent and out-of-court settlement of online disputes between consumers and professionals of the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/
Article 14 - Personal data
The personal information and personal data concerning the Customer are necessary for the management of his order and the commercial relations. They can be passed on to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and to enable LUMIERES to improve and personalize the services offered and the information provided.
The processing of information communicated through the Site has been declared to the CNIL number 2147014.
In accordance with the Data Protection Act of January 6, 1978, the Customer has a right of access and rectification and opposition to personal data concerning him. It is enough for him to write on line at the Customer Service or by mail at LUMIERES 11 rue Basse-Fontaine 67860 BOOFZHEIM, indicating name, first name, e-mail address. In accordance with the regulations in force, the application must be signed and accompanied by a photocopy of an identity document bearing the Client's signature and specify the address to which the reply must be sent. An answer will then be sent within 2 months of receiving the request.
The Site uses cookies. The cookie is intended to signal the passage of the Customer on the Site.
Annex 1
Article L. 217-4 Consumer Code
The seller is obliged to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility.
Article L. 217-5 Consumer Code
The property is in accordance with the contract:
1.
If it is fit for the customary use of a similar good and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model;
- it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labeling;
3.
Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and the latter has accepted.
Article L217-12 Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-16 Code of Consumption:
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or the repair of a piece of movable property, a restoration covered by the guarantee, any period of immobilization d at least seven days is added to the duration of the warranty that remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 Civil Code
The seller is bound by the guarantee by reason of the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminish the use so much, that the buyer would not have acquired it, or not would have given a lower price if he had known them.
Article 1648 paragraph 1 Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
Annex 2 - Retraction Form
In case of withdrawal of your order placed on LUMIERES, please complete and return this form - except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
To the attention of LUMIERES 11 rue Basse-Fontaine 67860 BOOFZHEIM
I hereby notify you of my withdrawal from the contract for the sale of the property / for the service presentation (*) below:
Ordered on .......................................... .. / Received on ........................................................................ .. (*)
Order number: .............................................................................. ..
Name of the consumer (s): ........................................................................ ..
Address of the consumer (s): ........................................................................ ..
Signature of the consumer (s) (only in case of notification of this paper form):
Date: ........................................................................ ..
(*) Delete the mention useless