GENERAL CONDITIONS OF USE OF THE SITE AND THE SERVICES OFFERED
Use of the site www.lumeo-creative.com implies full and complete acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, users of the site www.lumeo-creative.com are therefore invited to consult them regularly.
This site is normally accessible to users at all times. An interruption for technical maintenance reasons may however be decided by LUMEO CREATIVE, which will then endeavour to communicate to users in advance the dates and times of the intervention.
The site www.lumeo-creative.com is updated regularly by. Similarly, the legal notices may be modified at any time: they are nevertheless binding on the user who is invited to refer to them as often as possible in order to be aware of them.
Article 1 - LEGAL NOTICES
Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, users of the www.lumeo-creative.com website are informed of the identity of the various parties involved in its creation and monitoring:
Owner: LUMEO COM GROUP - SIRET 93108302600019 - 1200, AV DR MAURICE DONAT - 06250 MOUGINS
Creator: www.lumeo-creative.com - LUMEO CREATIVE
Host: Shopify – 150 Elgin Street, 8th Floor, Ottawa, ON K2P 1L4, Canada
Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
2.1: Scope of the general conditions of sale
These general terms and conditions of sale (hereinafter referred to as “General Terms and Conditions of Sale” or “GTC”) are applicable to purchases made remotely by the consumer customer (hereinafter referred to as “the Customer”) from the Operator, via the Site.
The sales offer proposed by the Operator on the Site:
is intended exclusively for customers with the capacity to contract and acting as consumers, i.e. any natural person who acts solely for the satisfaction of their personal needs,
is intended exclusively for customers with the capacity to contract and acting as consumers, i.e. any natural person who acts solely for the satisfaction of their personal needs, and relates to sales whose delivery takes place exclusively in mainland France, Corsica, DROM COM and in the territory of the European Union.
By placing an order on the Site, the Customer declares that they meet the conditions stated above and in particular that they do not make purchases on the Site with the aim of reselling them habitually or as part of a professional activity.
2.2: Acceptance of the T&Cs
Any sale of product(s) carried out on the Site by the Operator to the Customer is exclusively governed by the General Terms and Conditions.
Consequently, the fact that the Customer places an order implies his/her unreserved acceptance and full adherence to the General Terms and Conditions, which prevail over any other document. As such, the Customer declares that he/she has read and accepted the General Terms and Conditions before placing his/her order.
The General Terms and Conditions are made available to Customers on the Site where they can be consulted directly and can also be communicated upon simple request by any means.
The applicable T&Cs are those in effect on the day the order is placed.
Prior to any order confirmation, the Customer acknowledges and may download and retain the General Terms and Conditions. The Customer accepts the General Terms and Conditions by checking a box or clicking on the button provided for this purpose.
The fact that the Operator does not assert at any given time any of the stipulations of the General Terms and Conditions or the terms of the order relating to the operation and as validated by the Operator cannot be interpreted as constituting a waiver by the Operator to subsequently assert said terms or provisions.
If any clause of the T&Cs is found to be null and void or voided, the other clauses shall not be voided.
Article 3 – DESCRIPTION OF PRODUCTS
The Site is an online sales site for lighting fixtures (hereinafter the “Product(s)”).
In accordance with article L 111-1 of the Consumer Code, the Customer may, prior to placing an order, learn about the characteristics of the products he wishes to order.
The Customer is required to refer to the description of each product in order to know its essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document.
The Products comply with the requirements of the applicable law in force.
The Customer remains responsible for the terms and consequences of his access to the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain his responsibility. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site.
The Customer acknowledges having verified that the computer configuration he uses is secure and in working order.
Article 4 – CUSTOMER IDENTIFICATION
To place an order on the Site, the Customer must first identify himself.
4.1 Direct order
The Customer has the possibility of placing an order on the Site without creating a customer account.
To do this, the Customer must complete the form provided when validating their basket. The information requested by the Operator is strictly necessary for processing the Customer's order.
Article 5 – ORDERS
The Operator strives to ensure optimal availability of its Products. The offers and prices appearing on the Site are valid as long as they are visible on the Site, within the limit of available stocks.
If, despite the Operator's best efforts, a Product proves to be unavailable, the Operator will inform the Customer by email as soon as possible.
To place an order, the Customer must:
- select the chosen Products,
- add them to your basket, indicating the selected Products and the desired quantities,
- check the details of his order and its total price. He can, if necessary, return to the previous pages to correct the contents of his basket.
- validate your basket.
- read the T&Cs and indicate your acceptance by checking the box provided for this purpose.
- choose the payment method and confirm your commitment by clicking on “Pay”.
The Customer undertakes to read the General Conditions of Sale then in force before placing an order. Confirmation of the order entails acceptance of the General Conditions of Sale.
Upon receipt of this order, the Operator carries out the checks prior to validation of the order and in particular the effectiveness of payment of the order.
The order thus verified will be followed by a confirmation email – which materializes the registration by the Operator of the order – recalling the content of the order, the applicable T&Cs as well as, where applicable, the conditions, deadlines and terms of the right of withdrawal and the terms of reimbursement.
The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is made available in the order confirmation email. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.
Any email that will be sent to the Customer in connection with an order will be sent to the email address that the Customer used to place their order.
Orders oblige the Customer to pay for them, so they are only final once confirmed by payment of the price, and where applicable by confirmation from the payment center and registration of full payment of the order.
The Operator reserves the right not to follow up on the order placed by the Customer for any legitimate reason, in particular:
- In the event that the Customer does not comply with the General Terms and Conditions in force at the time of their order.
- If one of the Customer's previous orders is the subject of a dispute currently being processed.
- In the event of an order(s) exceeding, by their content or frequency, the needs of an individual and more generally in the event of an abnormal request or bad faith on the part of the Customer.
- In the event of information from the banking organization responsible for the Operator's management of payment of the order stating the impossibility of implementing the payment method chosen for payment of the order.
- And more generally in the case of legitimate reason as provided for by article L 121–11 of the Consumer Code.
Any modification of the order by the Customer after confirmation of the order is subject to the prior written agreement of the Operator.
The information provided by the Customer when placing the order, in particular the name and delivery address, is binding on the Customer. Thus, the Operator cannot be held liable in any way in the event that an error by the Customer when placing the order prevents or delays delivery.
Article 6 – PRICE – PAYMENT TERMS AND SECURITY
6.1 Price
The price of the Products in effect at the time of the order is indicated on the Site, in Euros, all taxes included (TTC).
The price of the Products does not include any possible delivery costs. The Customer is informed of any possible delivery costs applicable to his order before final validation of his order and payment of the price.
The total amount owed by the Customer and its details are indicated on the order confirmation page.
6.2 Payment
Payment is made in cash, online.
Orders can be paid using one of the following payment methods:
- Payment by credit card. The Operator uses the online payment solution Stripe*.* Payment is made directly on the secure banking servers of the Operator's bank, the Customer's bank details do not pass through the Site. The bank details communicated during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties.
The Customer's order is recorded and validated upon acceptance of payment by the bank.
The Customer's account will be debited with the corresponding amount only when (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.
Failure to debit the amounts due will result in the sale being void.
The bank card may be refused in particular if it has expired, if it has reached the maximum spending amount to which the Customer is entitled or if the data entered is incorrect.
- Payment by electronic wallet (type “Paypal”). The Customer already has an account on the electronic wallet used by the Operator. The Customer can use this account and pay for his order securely without providing his bank details.
As part of the control procedures, the Operator may have to ask the Customer for all the documents necessary to finalize his order. These documents will not be used for any other purposes than these.
Article 7 – RETENTION OF TITLE
The Operator remains the exclusive owner of the Products ordered on the Site until full payment of their price in principal, interest and accessories.
This stipulation does not prevent payment upon ordering and the transfer of risks of loss or deterioration of the Products upon delivery.
Article 8 – SHIPPING AND DELIVERY
Delivery means the transfer to the Customer of physical possession or control of the Product.
The Operator offers the following delivery methods:
- Colissimo - Standard delivery
- Chronopost C13 - Express Delivery
- Private Package
- DPD
- World Relay
The delivery costs are specified to the Customer when ordering and are accepted by the latter when confirming the order*.*
Delivery times vary depending on the delivery option chosen by the Customer, and are indicated to the Customer when ordering.
Delivery times are announced in working days on the Site when ordering. These times include the preparation and shipping of the order as well as the time provided by the carrier.
The Customer undertakes to provide real, accurate and up-to-date information at the time of entering it in the form dedicated to contact details and delivery address.
The Operator undertakes to ship the Products in accordance with the deadlines announced when ordering, subject to actual payment of the order.
However, if one or more Products cannot be delivered within the time initially announced, the Operator will send an email indicating the new delivery date to the Customer.
In the absence of delivery within the agreed period, and at the latest within thirty days after the registration of the order by the Operator, the Customer may cancel his order by registered letter with acknowledgement of receipt to the address mentioned in article 10 of the General Terms and Conditions, or by writing on another durable medium, if after having ordered the Operator in the same manner to comply within a reasonable additional period, the latter has not made the delivery within this period, in accordance with article L. 216-2 of the Consumer Code.
The order is considered cancelled upon receipt by the Operator of the letter or written notice informing it of this cancellation unless the Operator has performed in the meantime.
When the order has been resolved by the Customer, the Operator will reimburse the Product(s) ordered by the Customer within a maximum period of fourteen days in accordance with the provisions of Article L.216-3 of the Consumer Code.
Upon delivery, the Customer, or a third party designated by the Customer, may be asked to sign a receipt.
No delivery will be made to a PO Box.
Upon delivery, it is the Customer's responsibility to check that the Products delivered comply with the order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery slip. No complaints about the quantity or condition of the Product will be accepted if the complaint has not been noted on the delivery slip.
Article 9 – RIGHT OF WITHDRAWAL / RETURN
The Customer has a period of fourteen (14) days to exercise his right of withdrawal, without having to provide reasons for his decision.
The Customer has fourteen (14) days to do so from the date of receipt of the Product by himself or a third party designated by him (other than the carrier).
In accordance with Article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of Articles L. 221-18 et seq. of the Consumer Code, the Customer may send:
- either the standard withdrawal form attached to the T&Cs, duly completed;
- or any other unambiguous statement expressing the wish to withdraw, specifying the number of the order concerned.
The Customer is invited to contact customer service indicating their wish to return part or all of their order to info@lumeo-creative.com
Return costs are the responsibility of the customer.
The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories.
The Operator will reimburse the Customer for the full amount of his order no later than fourteen (14) days from receipt of the returned package.
This reimbursement may be made by the same means of payment as that used for the Customer.
By accepting the General Conditions of Sale, the Customer expressly acknowledges having been informed of the withdrawal procedures.
Article 10 – CUSTOMER SERVICE
For any information, request for information or complaint, the Customer can contact the Operator according to the following methods, indicating his name, telephone number, the subject of his request and the number of the order concerned by sending an email to info@lumeo-creative.com
Article 11 – INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE
The Operator is the sole owner of all elements present on the Site, in particular and without limitation, all texts, files, images, animated or not, photographs, videos, logos, designs, models, software, brands, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the "Elements") which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Elements of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, free of charge or for a fee, by a Client or by a third party, whatever the means and/or media used, whether known or unknown to date, without the express prior written authorization of the Operator on a case-by-case basis.
The Operator reserves the right to take all legal action against persons who have not respected the prohibitions contained in this article.
ARTICLE 12 – LIABILITY AND WARRANTY
12.1 Liability of the Operator
The Operator may not be held liable for non-performance or delay in the performance of the contract due to the Customer or due to an event constituting a fortuitous event or force majeure within the meaning of Article 1218 of the Civil Code such as, but not limited to: natural disasters, fires, epidemics, pandemics, large-scale social movements, acts of government, internal or external strikes, unforeseen breakdowns, shortages, war, etc.
The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions on the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or operating errors. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to develop their content and/or presentation.
The Operator cannot be held responsible for the use that would be made of the Site and its services by Customers in violation of the General Conditions of Sale and for the direct or indirect damage that this use could cause to a Customer or a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer.
12.2 Warranty
The Operator is liable for defects of conformity and hidden defects of the item sold under the conditions provided for respectively in Articles L 217-4 et seq. of the Consumer Code and Articles 1641 et seq. of the Civil Code.
The Customer is informed that the seller guaranteeing the conformity of the goods sold is the Operator.
To benefit from the warranty, the luminaire must have been purchased from Lumeo creative.
12.2.1 Legal guarantee of conformity
When acting under the legal guarantee of conformity, the Customer:
- benefits from a period of two (2) years from delivery of the goods to act;
- may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- is exempt from proving the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
12.2.2 Warranty relating to defects in the item sold
The Customer 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 in the sale price in accordance with Article 1644 of the Civil Code.
Upon receipt of the order, the Customer must ensure that the products delivered comply in all respects with the order.
Otherwise, the Customer must inform the Operator's customer service (see article 10) by registered letter with acknowledgment of receipt within a maximum of [48] hours following receipt of the product(s) concerned.
It is recalled that the search for amicable solutions prior to any possible legal action does not interrupt the time limits for the application of legal guarantees or the duration of any possible contractual guarantee.
Products covered by the guarantees must be returned complete and in their original condition and packaging and with the return slip affixed to the package after receipt and confirmation of the claim by the Operator's customer service.
ARTICLE 13 – AFTER-SALES SERVICE
Any after-sales service provided by the Operator and not covered by the commercial guarantee are the subject of a contract, a copy of which is given to the Customer.
ARTICLE 14 – PERSONAL DATA
For more information regarding the use and processing of personal data by the Operator, please read our privacy policy carefully. You can consult this policy on the Site at any time.
Article 15 – HYPERTEXT LINKS
The hyperlinks available on the Site may refer to third-party sites not published by the Operator. They are provided solely for the convenience of the Customer, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, he will leave the Site and then agree to use the third-party sites at his own risk or, where applicable, in accordance with the conditions governing them.
The Customer acknowledges that the Operator does not control or contribute in any way to the development of the conditions of use and/or the content applying to or appearing on these third-party sites.
Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links.
Furthermore, the Customer acknowledges that the Operator cannot endorse, guarantee or take responsibility for all or part of the conditions of use and/or the content of these third-party sites.
The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Operator.
The Operator invites the Customer to report any hyperlink present on the Site which would allow access to a third-party site offering content contrary to the laws and/or good morals.
The Customer may not use and/or insert a hyperlink pointing to the site without the prior written consent of the Operator on a case-by-case basis.
ARTICLE 16 – GENERAL PROVISIONS
16.1 ENTIRE AGREEMENT OF THE PARTIES
The General Conditions of Sale constitute a contract governing the relations between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Customer and the Operator relating to their object.
16.2 MODIFICATIONS TO THE CONDITIONS
The Operator reserves the right to modify at any time and without notice the content of the Site or the services available there, and/or to temporarily or permanently cease operating all or part of the Site.
In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as the General Terms and Conditions of Sale. The Customer is therefore required to refer to the General Terms and Conditions of Sale before using the Site.
The Customer acknowledges that the Operator cannot be held liable in any way whatsoever towards it or any third party as a result of these modifications, suspensions or cessations.
The Operator advises the Customer to save and/or print the General Conditions of Sale for safe and long-term storage, and thus be able to refer to them at any time during the execution of the contract if necessary.
16.3 COMPLAINT - MEDIATION
In the event of a dispute, the Customer must first contact the Operator, in order to find an amicable solution, by email to the following address: info@lumeo-creative.com
16.4 APPLICABLE LAW
These T&Cs are governed, interpreted and applied in accordance with French law.
16.5 COMPETENT JURISDICTION
In the absence of an amicable outcome and whatever the origin of the dispute, it will be subject to the jurisdiction of the competent French courts, in application of the rules of common law.
