GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 1 - PREAMBLE :
These general terms and 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 to 6.30 pm
Tuesday to Friday from 10:00 to 12:30 and from 14:30 to 18:30
Hereinafter referred to as "the seller".
And, on the other hand,
Internet users, non-trading natural persons of legal age, wishing to make a purchase on the LAMPE PHOTO 3D.COM website, visible at the address :
Hereinafter referred to as "the user".
The present conditions govern the sale of any product or service presented on the LAMPE PHOTO 3D.COM website by the company LUMIPOP.
The parties agree that their relationship shall be governed exclusively by this contract, to the exclusion of all other terms and conditions.
Any order duly validated on the LAMPE PHOTO 3D.COM website implies total and unconditional acceptance of the present general terms and conditions of sale and, if applicable, of any special or specific conditions for one or several 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 based in France. LUMIPOP undertakes to comply with all the provisions of the Consumer Code relating to distance selling.
ARTICLE 2 - PURPOSE :
The present conditions aim 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 to place the order and ensure the follow-up of the 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 login and password, which are strictly personal.
The User declares that he/she is at least 18 years old and has the legal capacity or parental authorization to place an order on the LAMPE PHOTO 3D.COM website.
Any order implies acceptance of the prices and description of the products available for sale.
The user declares that he/she has read and accepted these General Terms and 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 the order.
The seller informs about the dispatch of the articles. The user has the possibility to modify the order until the date of shipment of the articles.
LUMIPOP undertakes to honour orders received on the website only within the limits of available stocks of products. If the product is not available, the seller undertakes to inform the user.
Note: Consumer calls related to :
- monitoring the execution of the order.
- The exercise of the right of withdrawal.
- To the implementation of the guarantee.
On the other hand, there is nothing to prevent e-merchants from charging a specific fee for orders or enquiries made before the conclusion of the contract.
ARTICLE 4 - DELIVERY:
All orders placed before midnight are shipped the next day. Except for orders placed from Friday 00:00 onwards, which are processed the next 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 into the seller's account. If the buyer pays by credit card or PayPal, the payment may be immediate. However, if the buyer pays by cheque 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, at the time of the order, all the information necessary for the delivery in order to guarantee its successful completion. In particular, the customer must provide a telephone number where the carrier can reach him/her during the day. The customer undertakes, on his own behalf or on behalf of the recipient of the order, to take delivery of the goods at the address indicated at the time of the order.
At the time of delivery, the customer or the recipient of the products must be able, if requested, to prove his identity. The customer undertakes, 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 may offer the user a cancellation of the initial order while the product is being restocked.
Any order placed on the site and delivered outside France and, in general, outside the European Union may be subject to possible taxes and customs duties that are imposed when the package reaches its destination. These possible customs duties and taxes related to the delivery of an item are the responsibility of the user. The seller is not obliged to check and inform about the applicable customs duties and taxes. To find out about them, we advise the user to check with the competent authorities in his country.
The user may have recourse to a mediator for any dispute that has not been resolved with the seller. Below is the link to FEVAD, the e-commerce mediation specialist: http://www.mediateurfevad.fr
ARTICLE 5 - TERMS OF PAYMENT :
The user has the choice to pay for his purchases:
- online with the order by credit card via the Payzen operator.
PayZen is a brand of the Lyra Network group, a recognised electronic 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 information related to your order. At no time do your bank details appear in clear text or are given to merchants.
- online at the time of order by Paypal.
PayPal is a company that offers a payment service on the Internet, allowing an Internet user to send payments via the Internet with an e-mail address, without having to communicate his or her bank card details for each transaction.
- by cheque when ordering.
Payment by cheque is only possible for cheques in euros drawn on a bank domiciled in France or Monaco. In the case of payment by cheque, the cheque will be cashed on receipt of the cheque. The cheque must be made payable to the seller and sent to the address below, enclosing 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 the transfer will be provided at the validation of the order and transmitted by e-mail.
ARTICLE 6 - PRICES :
The prices of our products are indicated in euros, all taxes included, excluding the cost of processing and shipping.
The seller reserves the right to change its prices at any time, but the products will be invoiced on the basis of the prices in force at the time the order is registered.
The prices indicated on the site are guaranteed for the duration of the publication and within the limits of available stocks.
ARTICLE 7 - RIGHT OF WITHDRAWAL / RETURN / EXCHANGE :
In accordance with the European directive of 24/03/2011, the user has a period of fourteen (14) days to exercise his right of withdrawal by returning the ordered item(s) to the seller without having to justify his reasons or pay any penalties except for the return costs.
All items can be exchanged or refunded except those bearing a contrary mention, for example items that have been personalised at the customer's request. The user's request for an exchange must be made within 14 days from the date of validation of the order. In order to exercise the right of withdrawal, the user must notify the seller of his/her decision to withdraw from this contract by means of an unambiguous statement by e-mail or by post. The user may use the model withdrawal form but this is not obligatory.
The user will find a withdrawal form here.
If the new order is for a higher amount, the user must enclose payment for the balance with the exchange request.
Conversely, if the amount of the exchange is less than the initial amount, the user will receive a credit note in the form of a code (usable on the site) for reimbursement of the difference.
The user has fourteen days from the date of notification of withdrawal (by e-mail or by post, indicating the references of the order) to return the package to the seller.
The returned product must be complete, in packaging that allows for safe transport and in the same condition as when received.
The refund or exchange will be effective after reception and control 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 conform to the contract. Failing this, he is liable for defects at the time of delivery, but also for all those resulting from the packaging, the assembly instructions or the installation when it is the responsibility of the contract or under his responsibility (Article L.217-4).
Conformity of the property
According to Article L.217-5, a property is compliant when it is either
- suitable for the use normally expected of similar goods, if any, etc. :
- that it corresponds to the seller's description and has the qualities presented in the sample or model ;
- that it has the qualities that a consumer may legitimately expect following the public statements of the seller, producer or representative (advertising, labelling, etc.). The declarations of the latter two professionals are not binding on 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 is fit for the special purpose intended by the buyer, known to the seller and accepted.
An action for a guarantee of conformity shall be barred after 2 years from the date of delivery of the goods.
For goods purchased after 18 March 2016, all defects of conformity appearing during the 2 years following the purchase, with the exception of second-hand goods for which the period will be maintained at 6 months, are presumed to exist. This presumption reverses the burden of proof to the benefit 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 under Article L.217-8 in three cases:
- when he was aware of the defect at the time of contracting ;
- where he could not have been unaware of the defect at the time of contracting ;
- where the defect results from materials supplied by the seller.
Implementation of the guarantee of conformity
Where there is a lack of conformity, the trader shall offer the user the replacement of the goods or their repair. The choice is up to the user, except where this would involve costs for the seller that are disproportionate to the second option.
The user can obtain the resolution of the contract or its reduction (reduction of the price of the goods) if the defect is major and the time of the chosen solution exceeds 1 month from the request; or no means is feasible.
The user cannot be charged for replacement, repair, cancellation or reduction of the contract.
The legal guarantee against hidden defects
(articles 1641 to 1649 of the Civil Code)
The seller is liable for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
The legal guarantee covers all costs arising from hidden defects.
The seller shall not be liable for apparent defects of which the user has been able to convince himself, but for hidden defects, even if he did not know about them, unless he has stipulated that he shall not be obliged to provide any guarantee.
The defect must have occurred prior to the sale and must render the products unfit for the purpose for which they were intended.
The user has the choice:
- Return the product and get the price back ;
- Keep the product and get part of the price back.
The time limit for action is 2 years from the discovery of the defect.
ARTICLE 9 - SIGNATURE AND EVIDENCE :
Any user of the site who does not have a customer account must follow a registration procedure to open a customer account. The login and password are confidential data that the customer will not disclose to third parties. In case of doubt about the unauthorised use of the account, the customer must promptly notify the seller.
In all cases, the online provision of the credit card number and the final validation of the order will be considered proof of the completeness of the said order in accordance with the provisions of the law of 13 March 2000 and will be considered as the payment of the sums involved in the entry of the items on the order form.
This validation is equivalent to a signature and express acceptance of all operations carried out on the site. However, in the event of fraudulent use of his/her bank card, the customer is invited, as soon as he/she notices this use, to contact the seller's customer service by calling 02 38 49 34 95.
ARTICLE 10 - LIABILITY :
LUMIPOP has an obligation of result for all stages of the order taking process as well as for the stages following the conclusion of the contract.
Thus, the Seller agrees to describe the products sold on the LAMPE PHOTO 3D.COM website as accurately as possible. On the other hand, the responsibility of the seller could not be engaged in the case where the non-execution of its obligations would be attributable either to the unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure as defined by the French Jurisprudence. Similarly, the seller shall not 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 data. The nominative data communicated by the user or collected via the operation of the site (by means of cookies or active x) are intended to ensure the proper completion of deliveries, to improve the quality of the service and to better meet the expectations of the customer. 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 the customer does not wish to receive these offers, he/she may request them at any time either directly on the Internet in his/her account, or by mail to LUMIPOP - 31 route Nationale - 45130 Saint-Ay - FRANCE, indicating his/her last name, first name, e-mail address and, if possible, customer reference.
In accordance with the provisions of the French Data Protection Act of 6 January 1978, the customer has the right to access and rectify any personal data concerning him/her, upon written request to the seller's customer service department.
The customer's data is kept confidential by the Seller for a period of 2 years from the last visit to the site.
The seller uses all means to ensure the confidentiality and security of data transmitted on the web. To this end, the website uses a secure payment method such as SSL (Secure Socket Layer).
ARTICLE 12 - INTELLECTUAL PROPERTY :
All elements of the LAMPE PHOTO 3D.COM website, whether visual or audio, including the underlying technology, are protected by copyright, trademark or patent.
ARTICLE 13 - COMPLETENESS :
In the event that one of the clauses of this contract is null and void due to a change in legislation, regulations or a court decision, this shall in no way affect the validity of and compliance with these general conditions of sale.
ARTICLE 14 - DURATION :
The present conditions apply throughout the duration of the online services offered by LUMIPOP.
ARTICLE 15 - EVIDENCE :
The computerised 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 - RETENTION AND ARCHIVING OF TRANSACTIONS :
The archiving of order forms 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 :
The present conditions are subject to French law. The competent court in the event of a dispute shall be that of the defendant's place of residence.
The LAMPE PHOTO 3D.COM website is published by LUMIPOP, a limited liability company with a capital of 100,000 euros, registered with the Registre du Commerce et des Sociétés under the number 534 009 121, whose head office is located at 31 route Nationale - 45130 Saint-Ay - FRANCE.
The company LAMPE PHOTO 3D.COM is subject to VAT. Its individual identification number is FR13534009121.
Tel: 02 38 49 34 95
Mail : firstname.lastname@example.org
DIRECTOR OF PUBLICATION :
The director of the publication of the LAMPE PHOTO 3D.COM website is Steven Buxton.
The editorial manager of the LAMPE PHOTO 3D.COM website is Steven Buxton.
The LAMPE PHOTO 3D.COM website is hosted by the company o2Switch, whose head office is located Chemin des Pardiaux - 63000 Clermont-Ferrand - FRANCE.
Tel: 04 44 44 60 40
INTELLECTUAL PROPERTY :
The general structure of the LAMPE PHOTO 3D.COM website, as well as the texts, graphics, images, sounds and videos, are the property of LUMIPOP or its partners. Any representation and/or reproduction and/or exploitation of this site, in whole or in part, by any means whatsoever, without the prior written authorisation of LUMIPOP or its partners is strictly prohibited and may constitute an infringement of copyright under Articles L 335-2 et seq. of the Intellectual Property Code.
The trademarks LAMPE PHOTO 3D.COM are registered trademarks of the company LUMIPOP. Any representation and/or reproduction and/or exploitation of these trademarks, in whole or in part, of any kind whatsoever, is totally prohibited.
COMPUTER LAW AND LIBERTIES :
In accordance with the French Data Protection Act 78-17 of 6 January 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 LAMPE PHOTO 3D.COM.
This right can be exercised by providing proof of identity:
- by post: LUMIPOP - 31 route Nationale - 45130 Saint-Ay - FRANCE
- by e-mail: email@example.com
All personal data collected is treated with the strictest confidentiality. In particular, LAMPE PHOTO 3D.COM is committed to respecting the confidentiality of e-mail messages transmitted via electronic mail. The site also uses a cookie.
A cookie is a small file that records information about your browsing habits that can be read on subsequent visits. No personal data is collected.