conditions générales de ventes

General terms and conditions of sale

These general conditions of sale (the "GCS") apply between the company LUZ SARL with a capital of thirteen thousand four hundred and fifty Euros (13,450 €) whose headquarters is located at 32 rue Jasmin, 75016 France, registered in the Paris Trade and Companies Register under No. 534 407 143 R.C.S. Paris, represented by Miss Claire Mougenot as manager duly authorized for the purposes hereof, Siret number 534 407 143 00013
.

Hereinafter referred to as "the Company",


And


Any natural person having the quality of consumer and making a purchase via the website www.luzcollections.com (the "Site") making a purchase directly from the Company or via a dedicated platform to come.

Hereinafter referred to as "Buyer".

These GTC are intended to define the terms and conditions relating to the sale in general and the distance selling between the Company and the Buyer of the order, the payment and the delivery.

The present GTC regulate all the steps necessary for the placing of the order and ensure the follow-up of this order between the contracting parties.

The placing of an order by a Buyer, whether on the Site www.Luzcollections.com published by the Company or directly with the Company by signing the order form implies that the Buyer has previously read the GTC and implies without reservation the acceptance of the provisions of these GTC.


I- CONFORMITY AND AVAILABILITY OF PRODUCTS


The products offered for sale by the Company are those listed on the Site on the day of the consultation of the Site by the Buyer or on the catalogs presented to the Buyers.

The products offered for sale on the Site or in catalogs are subject to availability.

In case of error on the availability of a product ordered, the Company informs the Buyer by e-mail or by mail as soon as possible. The Buyer will have the possibility to replace the product by another one of an equivalent quality and price or to cancel the order and obtain a refund if necessary.

The descriptions of the products on sale on the site are given as an indication. Similarly, the photographs may differ slightly from reality, particularly due to the configuration of the display settings of the computer used.

II- ORDERING


The Buyer may place an order on the Site or directly with the Company if it is a professional, in particular via the dedicated platform to come.

Any order implies express and irrevocable acceptance, by the Buyer, of the prices and descriptions of the products available for sale, as well as of these GTC.


Order on the Site:


After validation of the order, the Company sends to the Buyer a confirmation e-mail to the e-mail address indicated during the order. The invoice is sent to the e-mail address indicated during the order.

Art 1127-2 Civil Code: "The contract is only validly concluded if the recipient of the offer has had the opportunity to check the details of his order and its total price and to correct any errors before confirming it to express his final acceptance.
the offeror must acknowledge without undue delay, by electronic means, the order addressed to him.
The order, the confirmation of acceptance of the offer and the acknowledgement of receipt are considered received when the parties to whom they are addressed can access them. "

The Company reserves the right to cancel or refuse any order from a customer with whom there is a dispute over payment of a previous or current order.

The Company also reserves the right to refuse any order for legitimate reasons and more particularly in the case where the quantities ordered are abnormally high compared to the quantities usually ordered by buyers in their capacity as consumers.

The Buyer can consult at any time the status of his order on the Site and have the original invoices of his orders which are enclosed in the packages.

Any modification of the order by the Buyer after confirmation of the order is subject to acceptance by the Company.

The Company shall only bear the risks of the products until they are delivered to the address indicated by the Buyer at the time of his order.


III- RETENTION OF TITLE CLAUSE


The products subject to the order, WHATEVER THE WAY, remain the property of the Company until full payment of the price by the Buyer and this even in the event of the granting of a delay of payment.

IV-PRIX


L.221-13 of the French Consumer Code: "The trader shall provide the consumer, on a durable medium, within a reasonable period of time after the conclusion of the contract and at the latest at the time of delivery of the goods or before the start of the performance of the service, with the confirmation of the contract including all the information provided for in Article L.221-5 unless the trader has already provided it to him, on a durable medium, before the conclusion of the contract. The contract shall be accompanied by the standard form of withdrawal referred to in the second paragraph of the same Article. "

The prices of the products indicated on the site are in euros, all taxes included and do not include the participation in the delivery costs, the amount of which is specified before the final validation of the order by the Customer.

In the event of obvious error of price, which can be in particular due to a technical problem, LUZ COLLECTIONS reserves the right not to accept the order.

The products remain the whole property of LUZ COLLECTIONS until the complete payment of the price.

When an order has been placed with a promotional code offering a discount linked to the simultaneous purchase of a predetermined number of items, the return of one or more items by the Customer may have the effect of terminating the discount, when the number of items necessary for the application of this discount is no longer reached. The reimbursement made to the Customer will take into account, if necessary, the fact that the discount is no longer applicable and the difference will therefore be deducted from the amount reimbursed to the Customer for the returned items.


V- PAYMENT AND SECURITY OF PAYMENT


The payment of the order is done by credit card, PayPal, transfer or check.


For payment by bank card, only cards bearing the "CB" logo, cards bearing the "VISA", "EUROCARD" or "MASTERCARD" brand accepted in France, or cards issued within the framework of international networks, approved by the Groupe d'Intérêts Economiques (GIE) Cartes Bancaires, are accepted.


In accordance with the provisions of Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay

given by means of a payment card is irrevocable. By communicating his credit card information, the Buyer authorizes the Company to debit his credit card for the amount corresponding to the price of the order. In the event that it is impossible to debit the price of the order, the online sale will be immediately cancelled by operation of law and the order will consequently be cancelled.


The validation of the order by means of the number of the bank card and the expiration date is worth mandate to pay the price of the aforementioned order.


In case of payment by check, it must be issued in Euros by a bank domiciled in France or in Dollars by an authorized bank. The check is cashed upon receipt.


The Buyer must make it payable to LUZ SARL and send it to the following address: 7 rue Guichard 75016 Paris.


In case of payment by bank transfer, the order will be processed upon receipt of the transfer.


Enclosed are the bank details:

rib


The confidential data relating to the means of payment are not accessible by the Company, but managed directly by the security service.


The Buyer guarantees to the Company that he has the necessary authorizations to use the method of payment chosen by him during the validation of his order.


VI- DELIVERY

Art.1218 of the Civil Code: "There is force majeure in contractual matters when an event beyond the control of the debtor, which could be reasonably foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the performance of his obligation by the debtor.
If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1."


The products available on the Site or in the catalogs can be delivered in France, in Europe and in the rest of the world under certain financial conditions referred to above


.

At the time of the order, the Customer must choose the mode of delivery proposed on the site e-boutique
:- Colissimo or Mondial Relay-
Delivery courier exclusively for Paris-
Withdrawal in store LUZ COLLECTIONS 7 rue Guichard 75116 ParisThe
expenses of delivery are calculated according to the address of delivery indicated by the customer and vary according to the geographical zone



.

The delivery is offered in France from 150€ of purchase.


Orders on the Site:


The products ordered on the Site are sent to the delivery address indicated by the Buyer, specifying any accessibility restrictions (building, floor, keypad, etc.) when placing the order. In case of delivery to a collective address (offices etc.), the Buyer acknowledges that the Company's obligation with regard to the delivery of the ordered products stops at the actual delivery to the place of the said collective address indicated when placing the order, even if the shipment is not received by the final recipient but by a third party.


The contribution to the costs of logistical preparation and shipment is inclusive of VAT. All deliveries are announced by e-mail.


The maximum delivery time starts to run from the moment the order of the product on the Site is fully paid. This time will be specified on the order verification page and cannot exceed thirty (30) working days from the confirmation of the order on the Site.

aRTICLE 7: AVAILABILITY


In case of unavailability of the ordered product, the Company informs the Buyer by sending an e-mail to the e-mail address indicated during the order.


The Buyer then has the option either to be delivered a product of equivalent quality and price, within the limits of available stocks, or to be reimbursed for the price of the order within thirty (30) days following payment of the order.


VIII- RETURN


When an order has been placed on the Site, from the date of receipt of the order, the Buyer has a period of fourteen (14) days to return a product.

The returned product must be intact and accompanied by the completed return slip.

Any damaged, incomplete or worn product will not be refunded.

All the products bought during the sale will not be refunded but will be exchanged or a credit note (valid for 1 year on our site) will be made.

IX- RIGHT OF WITHDRAWAL

when an order has been placed on the Site, the Buyer has a withdrawal period of fourteen (14) clear days from receipt of the products to exercise his right of withdrawal (the postmark being proof) without having to justify his reasons or pay penalties, except, where appropriate, return costs.

if the fourteen (14) day period expires on a Saturday, Sunday, or legal holiday, it shall be extended to the next business day.

to do this, the Buyer must fill in the attached withdrawal form.
Any retraction of an order must be notified by any means and in particular:
- Either by telephone at 01 45 24 38 77 -
Or by using the standard retraction form below or by filling in the retraction form available in the Customer account, heading "My orders", Your retraction form must be sent by email to the address: contact-boutique@luzcollections.com or by post to: LUZ COLLECTIONS, 7 rue Guichard 75016 Paris, France






.



In case of exercise of the right of withdrawal, the Company shall reimburse the Buyer for the totality of the sums paid, as soon as possible and at the latest within fourteen (14) days following the date on which the Buyer exercised his right of withdrawal.


Withdrawal form :

(Please complete and return this form only if you wish to withdraw from the contract)

To the attention of LUZ COLLECTIONS, 7 rue Guichard 75016 Paris, Monday to Saturday from 10am to 7pm, 01 45 24 38 77 contact-boutique@luzcollections.com :

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/services (*):

Ordered on (*)/received on (*) :

Name of consumer(s):

Consumer(s) Address:

Signature of consumer(s) (only if notifying this form on paper) :

Date:


X- GUARANTEES AND LIABILITY

All the products presented on the Site, in the catalogs and supplied by the Company benefit from the legal guarantee of conformity in application of the provisions of articles L.211-4 to L.211.14 of the Code of consumption as well as the legal guarantee of the latent defects envisaged in articles 1641 to 1649 of the Civil code such as reproduced below, as long as the use was normal and that the advice of maintenance was followed.

In case of delivery of a non-conforming product or in case of delivery of a product revealing a hidden defect, the Company undertakes either to reimburse the Buyer for the price of the product, or to exchange the product for another identical one depending on available stocks, or to exchange it for a product of equivalent quality and price depending on available stocks.

Article 1218 Civil Code: "There is force majeure in contractual matters when an event beyond the debtor's control, which could not reasonably be foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing his obligation.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is resolved by operation of law and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1. "

Article L.217-4The
seller delivers goods in conformity with the contract and is liable for defects in conformity existing at the time of delivery.
He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his expense by the contract or has been carried out under his responsibility.
Article L.217-5
The good is in conformity with the contract:
1° If it is suitable for the use usually expected of a similar good and, if necessary :
- if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter
Article L.
217-7Defects of conformity that appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller can fight this presumption if it is not compatible with the nature of the good or the claimed lack of conformity.
Article L.217-8The
buyer is entitled to demand the conformity of the goods to the contract. However, he cannot contest the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect originates in materials that he himself supplied.
Article L.217-9In
case of lack of conformity, the buyer chooses between repairing or replacing the goods
.

However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L.217-10If the
repair and replacement of the goods are impossible, the buyer may return the goods and have the price returned to him or keep the goods and have part of the price returned to him.
The same option is open to him:
1° If the solution requested, proposed or agreed upon pursuant to Article L.217-9the same option is open to him: 1° If the solution requested, proposed or agreed upon in application of article L.217-9 cannot be implemented within one month of the buyer's complaint;
2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and the use he is seeking.
The sale cannot be cancelled, however, if the lack of conformity is minor

.


Article L.217-11The
application of the provisions of articles L.217-9 and L.217-10 is without any cost for the buyer.
These same provisions do not prevent the allocation of damages

.


Article L.217-12The
action resulting from the lack of conformity is prescribed by two years as from the delivery of the good.
Article L.217-13The
provisions of the present section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognized by the law
.

Article L.217-14
The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, according to the principles of the Civil Code
.

Article 1641
The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them.
Article 1642
The salesman is not held of the apparent defects and of which the purchaser could convince himself.
Article 1642-1
The salesman of a building to be built cannot be discharged, neither before the reception of work, nor before the expiry of a time of one month after the catch of possession by the purchaser, of the defects of construction or the defects of conformity then apparent
.

There shall be no need to rescind the contract or to reduce the price if the seller undertakes to repair the defect.
Article 1643 He
shall be liable for latent defects, even if he did not know about them, unless, in this case, he has stipulated that he shall not be bound by any warranty
.

Article 1644
In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned to him, or keeping the thing and having part of the price returned to him, as arbitrated by experts
.

Article 1645
If the seller knew of the defects of the thing, he is bound, in addition to the restitution of the price he received, to pay all damages to the buyer
.

Article 1646
If the seller was unaware of the defects of the thing, he shall be bound only to return the price, and to reimburse the buyer for the expenses incurred by the sale
.

Article 1646-1
The salesman of a building to be built is held, as from the reception of work, of the obligations of which the architects, contractors and other people related to the owner of the work by a contract of hiring of work are themselves held pursuant to articles 1792, 1792-1, 1792-2 and 1792-3 of this code
.

These guarantees benefit the successive owners of the building.
There shall be no need to cancel the sale or reduce the price if the seller undertakes to repair the damage defined in Articles 1792, 1792-1 and 1792-2 of this Code and to assume the guarantee provided for in Article 1792-3.
Article 1647
If the thing which had defects has perished as a result of its bad quality, the loss is for the seller, who will be held towards the purchaser to the restitution of the price and the other compensations explained in the two preceding articles
.

But the loss that has occurred by fortuitous event shall be for the account of the buyer.
Article 1648The
action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect
.

In the case provided for by Article 1642-1, the action must be brought, under penalty of foreclosure, within one year from the date on which the seller may be relieved of the defects or apparent lack of conformity.
Article 1649
It shall not apply to sales made by judicial authority.




























































































































































































The products offered are in conformity with the French legislation in force and the standards applicable in France. The responsibility of the Company cannot be engaged in case of non respect of the legislation of the country where the product is delivered. It is up to the Buyer to check with the local authorities the possibilities of importing or using the products that the Buyer plans to order.


The Company shall not be held liable for any inconvenience or damage related to the use of the Internet network, such as a break in service, the presence of computer viruses or external intrusions and more generally any case qualified as force majeure or third party action by the French courts.


Hypertext links may lead to sites other than the www.Luzcollections.com site. The Company declines all responsibility in the event that the content of these sites contravenes the legal and regulatory provisions in force.


The Company shall not be held liable for any indirect damages that may arise from the purchase of the products. Likewise, LUZ SARL shall not be held liable for the obligations under these GTC in the event of a force majeure event as defined by the case law of the French courts pursuant to the provisions of Article 1148 of the Civil Code.


XI- PROTECTION OF PERSONAL DATA


In the course of operating the Site, the Company may collect personal data. This data will be processed in accordance with the purposes for which it was collected.

The Site and the resulting processing of personal data are subject to a declaration to the Commission Nationale Informatique et Libertés under number 1684578 v.0.

It is recalled that the person whose personal data are processed, has the rights of access, rectification and opposition to the processing of his personal data.

These rights may be exercised, in accordance with the law of January 6, 1978, as amended by the law of August 6, 2004, by simple request by e-mail to www.Luzcollections.com or by paper mail to LUZ SARL 7 rue Guichard 75016 Paris, with proof of identity and a legitimate reason.


XII-LIABILITY

The Company shall not be held liable in the event of non-performance or improper performance of the contractual services attributable to the Buyer, in particular during order entry.

The Company shall not be held liable, or considered to have failed to comply with these GTC, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of the French courts in application of the provisions of Article 1148 of the Civil Code.


XIII- INTELLECTUAL PROPERTY


All the elements of the Site and the catalogs and in particular the texts, graphics, logos, icons, images, illustrations, audio or video clips, trademarks, software etc. including the underlying technologies used, appearing on the Site www.Luzcollections.com, are necessarily protected by copyright, trademark law and all other intellectual property rights.

They are the exclusive property of the Company.

Any reproduction or use of copies for any purpose other than strictly private is strictly prohibited in accordance with the laws governing intellectual property.


XIV- APPLICABLE LAW AND JURISDICTION


The interpretation and execution of these GTC as well as all acts resulting from them are exclusively subject to French law.

In the event of a dispute, the Buyer agrees to contact the Company as a matter of priority in order to attempt to resolve amicably any dispute that may arise between the parties.

In the absence of a conventional procedure or any other alternative method of settling disputes, the French courts will have exclusive jurisdiction.


XV- Customer Service


The Company is at your disposal for any questions or information: contact-boutique@luzcollections.com.


XVI- LANGUAGE


The present GTC are written in French. The translation of these GTC into English is made with the exclusive aim of facilitating the comprehension by the greatest number.

In the event of a contradiction between the French and English texts, the French text shall prevail.


XVII- GENERAL PROVISIONS

The failure of the Company or the Buyer to enforce any provision of these GTC, whether permanently or temporarily, shall not be deemed a waiver of such provision.

If any of the provisions of these GTCs should be invalid under any applicable law or regulation and/or any court decision having the force of res judicata, it shall be deemed unwritten but shall not affect the validity of the other provisions which shall remain fully applicable.

The parties will then come together to agree on a new provision to replace the one declared null and void, it being understood that the new provision will have to respect as much as possible the spirit and the economic impact on the parties of the replaced provision.

XVIII-MEDIATION

In accordance with the provisions of the Consumer Code concerning "the mediation process for consumer disputes", the Customer has the right to have recourse free of charge to a mediation service.

Electronic link to the Online Dispute Resolution (ODR) platform:https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

The Fédération de la Maille et de la Lingerie has signed a framework agreement with the mediation organization MEDICYS allowing its members to arbitrate disputes in an extrajudicial way. This mediation organization can be reached :

-by electronic means:www.medicys.fr

-by post: MEDICYS - Mediation and out-of-court settlement center for judicial officers - 73, Boulevard de Clichy, 75009 Paris

The dispute can only be examined by the Consumer Ombudsman when:

a) The Customer justifies having tried, beforehand, to resolve his dispute directly with the Vendor by a written complaint;

b) The Customer has made his request to the mediator within a period of less than one year from his written complaint to the Seller.

The request must be neither manifestly unfounded nor abusive. Finally, if the dispute has already been examined or is being examined by another mediator or by a court, or if it does not fall within his field of competence, the mediator shall reject the Customer's request. In the event that the Customer's request is not admissible, the mediator shall inform the Customer of the rejection of his request for mediation within three weeks of receiving his file.