Terms of Sales
TERMS OF SALES
Lumisky.com, (hereinafter referred to as "Lumisky") publishes the website accessible at the address www.lumisky.com . Lumisky offers Internet users who connect to the said site (hereinafter the “Site”) to order decorative outdoor and indoor lighting fixtures (hereinafter the “Products”).
SCOPE – ACCEPTANCE OF THE T&Cs
These general conditions of sale (hereinafter the "GTC") specify in particular the terms of ordering, payment, delivery and possible return of the said Products and are applicable, without restriction or reservation, to all sales of Products. concluded via the Site, with a view to delivery in mainland France, including Corsica, and in the European Community. These general conditions are accessible at any time on the Site and prevail over any other version or any other contradictory document.
The online sale of Products on the Site is exclusively reserved for consumers (within the meaning of the Consumer Code in force on the day of the validation of the order by the Customer, i.e., on the day of drafting of these GTC "any natural person who acts for purposes which do not fall within the scope of its commercial, industrial, artisanal, liberal or agricultural activity"), acting exclusively for their own account and domiciled in metropolitan France, including Corsica and in Community Europe (hereinafter "the Customer "). The Customer declares to have read these T&Cs before placing his order. In this respect, with each order on the Site, the Customer must confirm his acceptance of the GCS and have accepted them by checking the box "I have read and I accept the GCS" provided for this purpose before validating his order. This confirmation before validation of the order therefore implies acceptance without restriction or reservation of these GCS. In accordance with the provisions of articles 1369-1 and 1369-4 of the Civil Code, these GCS may be stored by computer recording and/or be reproduced by the Customer by printing them.
These T&Cs may, at any time, be subject to modifications by Lumisky, it being specified, however, that the applicable T&Cs are those in force on the date of validation of the order by the Customer, as formally accepted by the latter. These general terms and conditions only apply to online sales of the Products: any other sale by Lumisky is not subject to these T&Cs.
ONLINE ORDER TERMS
You can order Products from us by following the procedure described on our site. You acknowledge that by placing an order on our site, you contract the obligation to pay for the Products ordered if we accept your order. Our ordering procedure allows you to check and correct any errors before submitting your order to us. Take the time to read and check your order at each step of the ordering process. All orders are subject to our acceptance. After receipt of your order, we will send you a confirmation e-mail which will constitute acceptance on our part. The contract between you and us will not be concluded until we send you this e-mail.
Payment of the price of the order by the payment method of your choice will be executed as soon as we have accepted your order. We will send you another email as soon as your order has been dispatched. Unfortunately, we can no longer cancel an order once it has been dispatched. If you change your mind about your order after it has already been dispatched, you can refuse delivery or return the Products to us in accordance with the returns policy.
Before ordering Products from us, it is your responsibility to check and ensure that you are able to receive the Products ordered, and in particular to check that they will fit easily into the room of your choice, that they are suitable for this room and that they can pass through the door of your apartment or room, through the stairs and through the doors, and that there are no other problems that may complicate the delivery or make it impossible. You must keep the contact details you have provided to us up to date so that we can contact you if necessary regarding your order or the delivery of the Products.
PRICE / AVAILABILITY
The Products presented on the Site are sold at the prices in force when the order is validated by the Customer. Prices are inclusive of all taxes (TTC), excluding delivery costs. They take into account the VAT rate and, where applicable, the amount of the ecotax applicable on the day of the order. Any change in the rate will be passed on to the prices of the Products after the date of entry into force of the new applicable rate.
Delivery costs are detailed on the Site and confirmed before the Customer confirms their order. The price of each of the Products as well as the amount of any additional costs, such as delivery costs or the cost of additional services, are communicated to the Customer before validation of his order and then confirmed in the order confirmation and the delivery documents.
Product offers and prices are valid as long as they are visible on the Site, and within the limits of available stocks. Lumisky reserves the right to change the Products and the prices of the Products offered on the Site at any time and without notice, being reminded that the prices applicable to an order are those in force at the time of the validation of the order by the Customer. Indications on the availability of the Products are provided to the Customer at the time of placing his order.
In the event of an error or unavailability of a Product after placing an order, in particular in the case of simultaneous orders for the same Product by several Customers, Lumisky will inform the Customer by e-mail as soon as possible, offering him: either to order another Product of equivalent quality and value presented on the Site as a replacement, or to cancel the order.
If the Customer chooses to cancel his order, a refund of the price will take place at the latest within 14 days of payment if the Customer's bank card has been previously debited.
Any order placed on the Site must be paid by the Customer online (in cash and in full) as part of the order validation procedure, by credit card (CB, Visa or EuroCard MasterCard) via Paypal or by bank transfer. An order paid by credit card or Paypal will be processed within 24 hours by our services. An order paid by bank transfer will be processed upon receipt of payment. In this case, the items of the order are reserved for the customer until receipt of payment for a maximum period of 7 days. After this period, the items are put back on sale on the site. If payment is received after this time, availability and delivery times will therefore not be guaranteed.
The customer 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 Site. The seller reserves the right to suspend any management of the order and any delivery in the event of refusal of authorization of payment by bank card on the part of officially accredited bodies or in the event of non-payment.
In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. .
Products purchased on the Site can either be delivered directly to the customer or collected from our warehouse located at 112 Rue Ampère ZI Plaine du Caire 13830 Roquefort La Bédoule France. For the latter, it will be up to the Customer to come and collect the Products within 30 days of their availability in the warehouse, of which he will have been notified in advance by e-mail.
The withdrawal takes place during the days and hours of opening of the warehouse. At the time of collection, the Customer must be in possession of the invoice attached to the e-mail informing him that the order has been dispatched. During removal, the Customer must check the number and condition of the Products and make any reservations about missing items or damage. In the event of direct delivery to the customer, an increase in the price is applied for areas of difficult access such as mountainous areas and certain islands.
We deliver to the following countries: France, Germany, Belgium, Luxembourg, Netherlands, Italy, Denmark, Austria, Great Britain, Poland, Ireland, Portugal, Spain, Slovenia, Hungary. The indicative delivery time is 6 working days. Any delivery address located outside the countries mentioned above will be refused during the online ordering process.
In the event of absence or unavailability to receive the order, the Customer must imperatively notify the carrier; otherwise, redelivery will be at his expense. An error in the delivery address, place of delivery or any other problem resulting in the need to make a new delivery will be billed to the Customer at the actual cost of the new delivery, which will be subject to payment of these additional charges.
In the event of a strike or any other event of an exceptional nature having the effect of slowing down or preventing the delivery of parcels, Lumisky will make its best efforts to inform the Customer of the status of the shipment of his parcel, but cannot be held responsible for any delays caused.
In any event, delivery on time can only occur if the Customer has provided Lumisky with accurate information on the recipient's contact details. In the event of an error, Lumisky cannot be held responsible for the impossibility of delivering the Products to the desired place and time. Subject to the foregoing and in accordance with the provisions of Article L138-2 of the Consumer Code, the Customer may terminate the contract in the event of non-compliance with the delivery deadline indicated, by registered letter with request for acknowledgment of receipt or in writing on another durable medium, on the condition however that the Customer has made a prior request to Lumisky to make the delivery within a reasonable additional period by registered letter with acknowledgment of receipt. The Customer will then be reimbursed within (14) fourteen days from the date of termination of the contract (receipt of the second registered letter by Lumisky) in accordance with the provisions of Article L138-3 of the Consumer Code. In accordance with article L138-4 of the Consumer Code, the transfer of the risks of loss and deterioration of the Products will only be carried out when the Customer takes physical possession of the Products.
After shipment of the Products ordered, Lumisky will send the Customer a shipping confirmation email. The Customer undertakes to check, at the time of delivery, the number of Products delivered and the absence of any transport damage and to indicate, where applicable, on the delivery note and in the form of handwritten reservations accompanied by his signature, any anomaly in this sense, with any useful details (damaged cardboard, scratched table top, etc.). Failing this, the Customer will be deemed to have received the Products in the quantity ordered and without transport damage. These reservations must be confirmed by e-mail to the following address: firstname.lastname@example.org
WITHDRAWAL PERIOD AND REIMBURSEMENT
For any distance selling, the Customer has a period of 14 clear days from the delivery of his product to inform the seller that he wishes to withdraw, with a view to an exchange or a refund. The Customer then has an additional 14 days to return it to the address indicated.
If the products delivered do not satisfy you, send us a request at email@example.com indicating surname, first name, purchase site, product name, order number and reason for the return . When the period expires on a Saturday, Sunday or a public holiday, it is extended until the 1st following working day.
The return of the goods is the responsibility of the customer. He must himself find a carrier to return the goods in the best conditions. The transport costs are the responsibility of the Customer as well as the risks related to the return transport such as they are. If the product is lost by the carrier during this return, the Customer is solely responsible. The return of the product can only be accepted in the original packaging. No refund will be made if the product is unsuitable for re-marketing.
For any return of items, please send the packages at your expense to the following address: 112 rue Ampère - ZI Plaine du Caire - 13830 - Roquefort la Bédoule. Reimbursement of returned goods is made within 14 days from the date on which we are informed of the customer's decision to withdraw. The goods must be returned new, complete, in their original packaging. The refund will be made on the basis of the method of payment of the initial order.
Our customers can buy with confidence on our site because we offer a 24-month warranty on all our products. To benefit from the assistance of the guarantee we ask to keep the invoices received by email after the shipment of the products. The 24-month warranty applies to products that have defects or non-compliant delivered products, it is understood that the products must be used correctly, and respecting their functions of use as indicated on the mode of employment and the technical documentation sent with the articles.
In the event of a defect and a non-conforming product, Lumisky provides for the replacement of the defective item free of charge, by removing the latter and carrying out a repair or replacing it completely. We may make a reduction in the purchase price, or finally terminate the contract and refund the full price of the product ordered. If Lumisky intervenes on the product and if the latter does not present any defect and is found to be compliant, we may request any costs for the verification and for the transport costs borne by Lumisky.
If for any reason Lumisky cannot replace a product under warranty, we will proceed, with the customer's agreement, to the substitution of the product in question (if this product is still in stock) or by replacing it with another item of the same value and having the same characteristics, or even by refunding the purchase.
The content of the Site is the property of Lumisky and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction on all Lumisky sites is strictly prohibited except with prior agreement.
APPLICABLE LAW AND JURISDICTION
These Conditions of Sale must be interpreted in accordance with French law. Relations between buyers and Lumisky, in respect of orders placed on the Site, will be governed by French law.