GENERAL CONDITIONS OF SALE
ARTICLE 1 - PREAMBLE:
These general conditions of sale are concluded between, on the one hand, the company LUMIPOP - 31 route Nationale - 45130 Saint-Ay - FRANCE, registered with the RCS Orléans under number 534 009 121.
Telephone: 02 38 49 34 95
Monday from 2:30 p.m. to 6:30 p.m.
Tuesday to Friday from 10 a.m. to 12:30 p.m. and from 2:30 p.m. to 6:30 p.m.
Hereinafter referred to as "the seller".
And, on the other hand,
Internet users, major non-trading individuals, wishing to make a purchase on the LIGHTPAINTING SHOP.COM site visible at the address:
Hereinafter referred to as “the user”.
These conditions govern the sale of any product or service presented on the LIGHTPAINTING SHOP.COM website by the company LUMIPOP.
The parties agree that their relations will be exclusively governed by this contract, to the exclusion of any other condition.
Any order duly validated on the LIGHTPAINTING SHOP.COM site implies total and unreserved acceptance of these general conditions of sale and, possibly, of the special or specific conditions for one or more products, services or orders.
If a condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France. LUMIPOP undertakes to comply with all the provisions of the Consumer Code relating to distance selling.
ARTICLE 2 - SUBJECT:
These conditions are intended to define the terms of sale between the seller and the user, from the order to the services, including payment and delivery.
They regulate all the steps necessary for placing the order and ensure the follow-up of this order between the contracting parties.
ARTICLE 3 - ORDERING AND AVAILABILITY:
The order can only be registered on the site if the user has clearly identified himself by entering his username and password which are strictly personal to him.
The user declares to be at least 18 years old and to have the legal capacity or to hold parental authorization allowing him to place an order on the LIGHTPAINTING SHOP.COM website.
Any order implies acceptance of the prices and description of the products available for sale.
The user declares to have read and accepted these General Conditions of Sale before placing your order. The validation of your order therefore implies acceptance of these General Conditions of Sale.
After placing the order, the seller sends an e-mail to the user confirming it.
The seller informs when the items are sent. The user has the possibility to modify the order until the date of dispatch of the articles.
LUMIPOP undertakes to honor orders received on the website only within the limits of available product stocks. If the product is not available, the seller undertakes to inform the user.
Note: Cannot be the subject of a premium rate call consumer calls related to:
- monitoring the execution of the command.
- to exercise the right of withdrawal.
- the implementation of the warranty.
On the other hand, nothing prohibits online merchants from charging a specific cost for orders or inquiries made before the conclusion of the contract.
ARTICLE 4 - DELIVERY:
All orders placed before midnight are dispatched the following day. With the exception of orders placed from 00:00 on Friday, which are processed the following working day, i.e. Monday.
The delivery time depends on each carrier:
- GLS: 24/48 hours (i.e. 72 hours from the date of validation of the order)
- Colissimo: 48 hours (i.e. 72 hours from the date of validation of the order)
- Mondial Relay: 72 hours (i.e. 96 hours from the date of validation of the order)
The payment is considered "cleared" once the money sent by the buyer has been deposited in the seller's account. If the buyer pays by credit card or PayPal, payment may be immediate. However, if the buyer pays by check or bank transfer, it may take several days.
“Working days” means ordinary weekdays. Saturdays, Sundays and public holidays are not considered working days.
The customer undertakes to transmit, when ordering, all the information necessary for the delivery in order to guarantee its successful completion. The client must in particular send a telephone number at which the carrier can reach him during the day. The customer undertakes, for himself or for the recipient of the order, to take delivery of the goods at the address he indicated when ordering.
During delivery, the customer or the recipient of the products must be able, if requested, to prove their identity. The customer agrees, after opening and checking the contents of the package(s) in the presence of the carrier, to sign the delivery receipt presented by the delivery person.
If the seller is aware of a total delivery time of more than 30 days, he can offer the user a cancellation of the initial order while waiting for the replenishment of the product.
Any order placed on the site and delivered outside France and, in general, outside the European Union may be subject to any taxes and customs duties which are imposed when the package reaches its destination. These customs duties and any taxes related to the delivery of an item are the responsibility of the user and are his responsibility. The seller is not required to verify and inform of applicable customs duties and taxes. To know them, we advise the user to inquire with the competent authorities of his country.
The user can resort to a mediator for any dispute that has not found a solution with the seller. Below is the link to FEVAD, specialist in e-commerce mediation: http://www.mediateurfevad.fr
ARTICLE 5 - PAYMENT TERMS:
The user has the choice to pay for his purchases:
- online ordering by credit card via the operator Payzen.
PayZen is a brand of the Lyra Network group, a recognized payment operator in the banking sector. PayZen ensures the optimal security of your data thanks to its PCI DSS certification and the use of the SSL protocol which encrypts all the information related to your order. At no time will your bank details appear in clear text or be given to merchants.
- online ordering via Paypal.
PayPal is a company that offers an Internet payment service, allowing Internet users to send payments via the Internet with an email address, without having to communicate their credit card details for each transaction.
- by check when ordering.
Payment by bank check is only possible for checks in euros drawn on a bank domiciled in France or Monaco. In case of payment by check, the cashing of the check is made upon receipt of the check. The check must be made payable to the seller, and sent to the address below, attaching a copy of the order summary:
LUMIPOP - 31 route Nationale - 45130 Saint-Ay - FRANCE
- by bank transfer when ordering.
All the bank information necessary for making the transfer will be provided when the order is validated and sent by email.
ARTICLE 6 - PRICE:
The prices of our products are indicated in euros, all taxes included, excluding processing and shipping costs.
The seller reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the prices in force at the time of the order entry.
The prices indicated on the site are guaranteed for the duration of the online publication and within the limit of available stocks.
ARTICLE 7 - RIGHT OF WITHDRAWAL / RETURN / EXCHANGE:
In accordance with the European directive of 03/24/2011, the user has a period of fourteen (14) days to exercise his right of withdrawal by returning the item(s) ordered to the seller without having to justify reasons. nor to pay any penalties except for the cost of return.
All items can be exchanged or refunded except those marked to the contrary, for example items that have been personalized at the customer's request. The exchange request by the user must be made within 14 days from the date of validation of the order. To exercise the right of withdrawal, the user must notify the seller of his decision to withdraw from this contract by means of an unambiguous declaration by e-mail or by post. The user can use the model withdrawal form but it is not mandatory.
The user will find a withdrawal form here.
If the new order is for a higher amount, the user must attach payment for the remainder to the exchange request.
Conversely, if the amount of the exchange is less than the initial amount, the user will receive upon receipt of the request a credit note in the form of a code (usable on the site) for reimbursement of the difference.
The user has fourteen days from his notification of withdrawal (by email or by post, indicating the references of his order) to return the package to the seller.
The returned product must be complete, in packaging allowing safe transport and in the same condition as when received.
The refund or exchange will be effective after receipt and inspection of the product by the seller. Returns must be sent to the following address:
LUMIPOP – 31 route Nationale - 45130 Saint-Ay - FRANCE.
ARTICLE 8 - GUARANTEES:
The legal guarantee of conformity
(articles L. 217-4 to L. 217-14 of the Consumer Code)
The professional seller must deliver goods that comply with the contract. Failing this, he is responsible for defects during delivery, but also for all those resulting from the packaging, assembly instructions or installation when it is the responsibility of the contract or under his responsibility (article L.217 -4).
Compliance of the good
A good is compliant, according to article L.217-5, when it is either
- specific to the use usually expected of a similar good, if applicable, etc. :
• that it corresponds to the description of the seller and has the qualities presented in the sample or model;
• that it has the qualities that a consumer can legitimately expect following the public declarations of the seller, producer or representative (advertising, labelling, etc.). The statements of these last two professionals do not bind the seller when the latter does not know them and is not in a legitimate position to know them.
- has the characteristics defined by the parties or be specific to the special use sought by the buyer, known to the seller and accepted.
The action in guarantee of conformity is prescribed by 2 years from the delivery of the good.
For goods purchased after March 18, 2016, all defects of conformity appearing during the 2 years following the purchase, with the exception of second-hand goods, the period of which will be maintained at 6 months, are presumed to exist. This presumption operates a reversal of the burden of proof in favor of the user, it is up to the seller to prove that the defect did not exist.
The user cannot invoke the guarantee of conformity according to article L.217-8 in three cases:
• when he was aware of the defect at the time of contracting;
• when he could not have been unaware of the defect at the time of contracting;
• when the defect results from materials which he himself supplied.
Implementation of the guarantee of conformity
When there is a lack of conformity, the professional offers the user the replacement of the good or its repair. The choice depends on the user, except when this generates disproportionate costs for the seller compared to the second means.
The user can obtain the resolution of the contract or its reduction (reduction of the price of the good) if the defect is major and the deadline for the chosen solution exceeds 1 month from the request; or that no means are feasible.
No fees can be charged to the user for the replacement, repair, resolution or reduction of the contract.
The legal guarantee against hidden defects
(articles 1641 to 1649 of the Civil Code)
The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less, if he had known them.
The legal warranty covers all costs resulting from hidden defects.
The seller is not liable for apparent defects of which the user has been able to convince himself, but for hidden defects, even if he would not have known them, unless, in this case, he did not has stipulated that it will not be bound by any guarantee.
The defect must be prior to the sale and render the products unfit for the use for which they are intended.
The user has the choice:
• Return the product and have the price refunded;
• Keep the product and have part of the price refunded.
The time limit for taking action is 2 years from the discovery of the defect.
ARTICLE 9 - SIGNATURE AND PROOF:
Any user of the site who does not have a customer account must follow a registration procedure allowing them to open their customer account. The username and password constitute confidential data that the customer will not distribute to third parties. In case of doubt about the unauthorized use of the account, the customer must promptly report it to the seller.
In all cases, the online provision of the credit card number and the final validation of the order will be worth proof of the entirety of the said order in accordance with the provisions of the law of March 13, 2000 and will be worth payment of the sums committed by entering the items listed on the order form.
This validation is equivalent to signature and express acceptance of all operations carried out on the site. However, in the event of fraudulent use of his bank card, the customer is invited, as soon as this use is observed, to contact the seller's customer service by calling 02 38 49 34 95.
ARTICLE 10 - LIABILITY:
The LUMIPOP company has an obligation of result for all the order taking stages as well as for the stages after the conclusion of the contract.
Thus the seller undertakes to describe with the greatest accuracy the products sold on the LIGHTPAINTING SHOP.COM website. On the other hand, the seller's liability cannot be engaged in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable event of a third party to the contract or to a case of force majeure as defined by French case law. Similarly, the seller cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses.
ARTICLE 11 - PERSONAL DATA:
The seller reserves the right to collect the data. The personal data communicated by the user or collected via the operation of the site (through cookies or active x) are intended to ensure the successful completion of deliveries, to improve the quality of service and to better meet expectations. client. The user consents to the use of this data by the seller, in particular to communicate information relating to services and promotional offers that may be of interest to him.
If he does not wish to receive these offers, he can request it at any time either directly on the Internet in his account, or by mail to the address LUMIPOP - 31 route Nationale - 45130 Saint-Ay - FRANCE, indicating his surname, first name, e-mail address and if possible customer reference.
In accordance with the provisions of the Data Protection Act of January 6, 1978, the customer has the right to access and rectify the personal data concerning him, upon simple written request to the seller's customer service department.
Customer data is kept confidential by the Seller for a period of 2 years from the last visit to the site.
The seller implements all means to ensure the confidentiality and security of data transmitted on the web. As such, the website uses a secure method of payment such as SSL (Secure Socket Layer).
ARTICLE 12 - INTELLECTUAL PROPERTY:
All elements of the LIGHTPAINTING SHOP.COM site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.
ARTICLE 13 - ENTIRETY:
In the event that one of the clauses of this contract is null and void by a change in legislation, regulation or by a court decision, this can in no way affect the validity and respect of these general conditions of sale.
ARTICLE 14 - DURATION:
These conditions apply for the entire duration of the online services offered by LUMIPOP.
ARTICLE 15 - EVIDENCE:
The computerized registers, kept in the computer systems of LUMIPOP and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
ARTICLE 16 - CONSERVATION AND ARCHIVING OF TRANSACTIONS:
The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1348 of the Civil Code.
ARTICLE 17 - APPLICABLE LAW AND JURISDICTION:
These conditions are subject to French law. The competent court in the event of a dispute will be that of the place of residence of the defendant.
The LIGHTPAINTING SHOP.COM site is published by the company LUMIPOP, SARL with a capital of 100,000 euros, registered in the Trade and Companies Register under number 534 009 121, whose registered office is 31 route Nationale - 45130 Saint-Ay - FRANCE.
The company LIGHTPAINTING SHOP.COM is subject to VAT. Its individual identification number is FR13534009121.
Tel: 02 38 49 34 95
The publishing director of the LIGHTPAINTING SHOP.COM website is Steven Buxton.
The editorial manager of the LIGHTPAINTING SHOP.COM site is Steven Buxton.
The LIGHTPAINTING SHOP.COM website is hosted by o2Switch, whose head office is located at Chemin des Pardiaux - 63000 Clermont-Ferrand - FRANCE.
Tel: 04 44 44 60 40
The general structure of the LIGHTPAINTING SHOP.COM site, as well as the texts, graphics, images, sounds and videos composing it, are the property of the company LUMIPOP or its partners. Any representation and/or reproduction and/or partial or total exploitation of this site, by any process whatsoever, without the prior written authorization of the company LUMIPOP or its partners is strictly prohibited and could constitute an infringement. within the meaning of articles L 335-2 and following of the Intellectual Property Code.
The LIGHTPAINTING SHOP.COM brands are registered trademarks of LUMIPOP. Any representation and/or reproduction and/or partial or total exploitation of these brands, of any nature whatsoever, is totally prohibited.
IT AND FREEDOMS LAW:
In accordance with the Data Protection Act 78-17 of January 6, 1978 as amended, you have the right to oppose (art. 38), access (art. 39), rectify or delete (art. 40) data concerning you. You can exercise this right by contacting LIGHTPAINTING SHOP.COM.
This right is exercised, by justifying his identity:
- by post: LUMIPOP - 31 route Nationale - 45130 Saint-Ay - FRANCE
- by email: firstname.lastname@example.org
All personal data that is collected is treated with the strictest confidentiality. In particular, LIGHTPAINTING SHOP.COM undertakes to respect the confidentiality of e-mail messages transmitted by means of e-mail. The site also uses a cookie.
A cookie is a small file that records browsing information that can be read during subsequent visits. No personal data is collected.