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The following terms of sale (the "TOS") are in effect between the Company LUZ SARL, with a capital of eleven thousands Euros (11.000 €) whose headquarters are situated at 32 Rue Jasmin, 75016 France, registered with the Trade and Companies Registry of Paris under the n° 534 407 143 R.C.S. Paris, represented by Miss Claire Mougenot in her capacity as manager duly authorised for these purposes, Siret number 534 407 143 0013.

 

Hereinafter referred to as "the Company"

 

And

 

Any natural person in their capacity as a consumer and making a purchase via the www.Luzcollections.com website (the "Website") or any non-consumer purchaser making a purchase directly from the Company or via a dedicated platform to come soon.

 

Hereinafter referred to as "the Purchaser".

 

These TOS are intended to define the general conditions of sale and the conditions of distance sale/online selling between the Company and the Purchaser of orders, and the conditions governing the payment and delivery that will be carried out.

 

These TOS regulate all the necessary steps for placing an order and ensure the tracking of this order between the contracting parties.

 

The Company may modify these TOS at any moment. The Purchaser will be informed of the nature of these changes as soon as they are put online through the Website or through a letter addressed to the Purchaser.

 

Only the TOS published the day of the order are applicable. They are brought to the knowledge of the Purchaser on the Website during the order or are printed on the back of the purchase order.

 

The placing of an order by a Purchaser, whether on the www.Luzcollections.com Website, edited by the Company, or directly from the Company by signing a purchase order implies unreserved acceptance of the content of these TOS.

 

ARTICLE 1: Compliance and availability of the Products

Products offered for sale by the Company are those that appear on the Website on the day the Purchaser consults the website or on brochures submitted to the Purchasers.

 

Products offered for sale on the Website or on the brochures are only considered within the limit of available stocks.

 

If an error occurs regarding the availability of an ordered product, the Company informs the Purchaser by email or by mail in a timely manner. The Purchaser will have the opportunity to have the product replaced by another of an equivalent price and quality or to cancel the order and obtain a refund if appropriate.

 

The products offered for sale are described and displayed as precisely as possible. In case of error or omission in this presentation, the responsibility of the Company is not incurred. In additions, photographs and texts illustrating the product are indicative only and are not included in the contract.

 

ARTICLE 2: The order

 

The Purchaser may place orders on the Website or may order directly from the Company if it is not buying as a consumer in particular via the dedicated platform to come soon.

 

Every order implies the Purchaser's explicit and irrevocable acceptance of the prices and descriptions of the products for sale, as well as an explicit and irrevocable acceptance of these TOS.

 

Orders on the Website:

 

After confirmation of the order, the Company sends the Purchaser a confirmation e-mail to the address that was indicated during the order.

 

Pursuant to the provisions of Article 1369-5 of the French Civil code relating to the conclusion of a contract in electronic form, the Purchaser may view the details of his order and the total price, and correct any errors in these before confirming the details to express his acceptance.

 

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

 

The Company also reserves the right to refuse any order for legitimate reasons, especially in the cases where the amount ordered is disproportionately high compared to the amount usually ordered by Purchasers acting in their capacity as consumers.

 

The Purchaser may at any time check the status of his order on the Website and keep the original invoices of the orders, which are included in the package.

 

Any modification of the order by the Purchaser which takes place after the confirmation of the order is subject to the Company's acceptance.

 

The Company will only bear the risks of the products until they are delivered to the address indicated by the Purchaser during his order.

 

Ordering directly to the Company:

 

The purchase order represents a firm and definitive commitment.

 

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

 

The Company also reserves the right to refuse any order for legitimate reasons.

 

Any modification of the order by the Purchaser which takes place after the confirmation of the order is subject to the Company's acceptance.

 

The Company will only bear the risks of the products until they are delivered to the address indicated by the Purchaser during his order.

 

ARTICLE 3: reservation of title clause

 

TITLE TO PRODUCTS ORDERED BY ANY MEANs SHALL REMAIN VESTED IN THE COMPANY AND SHALL NOT PASS TO THE PURCHASER UNTIL THE PURCHASE PRICE FOR THE PRODUCTS HAS BEEN PAID IN FULL BY THE PUCHASER EVEN WHEN a credit payment term has been granted.

 

ARTICLE 4 :PRICE

 

The prices displayed on the Website and in the brochures are indicated in euros (EUR - €) and in dollars (USD - $) ("Dollars") and are only valid at the date on which the Purchaser places the order. As such, the Company reserves the right to modify the prices of the products according to the changes in its pricing policy but the Company is committing to using the prices indicated on the Website and on the brochures at the time of registering the order.

 

Displayed prices are shown with all taxes included, including VAT but do not include postage and shipping costs, packaging costs and the costs of processing the order, which will be charged extra. The price of these will be indicated before confirmation of the order.

 

Likewise, the displayed prices do not take into account any possible customs fees which are to be paid by the recipient Purchaser.

 

If the rate of VAT were to be altered, these changes might be reflected in the price of the products without the Purchaser having been given prior notice.

 

In the event that an incorrect or obviously derisory price appears on the Website or on a brochure for whatever reason, noting that this list of reasons is not exhaustive (manual error, computer bug, technical error, printing error etc.), the order will be cancelled even if it has been confirmed. This cancellation will be communicated to the Purchaser by e-mail or by post in a timely manner and the Company will put the Purchaser in a position to reorder at the correct price.

 

The payment of the full price must be made when placing an order on the Website and in Euros or in Dollars. At no time will the prices paid by the Purchaser be considered as deposits or down payments.

 

However, for Purchasers placing an order outside of the Website, in the scenario where a time of delivery is expected, a down payment of 30 % must be paid when ordering and the rest of the price is to be paid before delivery.

 

No discount will be made by the Company in the case of anticipated payment made by the Purchaser.

 

Any sum not paid when due as mentioned in the purchase order or in the invoice is subject, without the need for prior notice, to a legal interest which is equal to the rate applied by the European Central Bank in its most recent refinancing operation plus (ten) 10 percentage points.

 

In addition, in case of payment default, the Company reserves the right to either request the performance of the sale, or to cancel the contract by simply sending a registered letter with acknowledgement of receipt and retain the paid down payment on the grounds of compensation.

 

Potential reduction or price or discounts made to the professional Purchaser will be made on the basis of precise and objective criteria negotiated by the parties.

 

In accordance with article L121-19 of the Consumer code, the Buyer shalll receive, on reception, for each product, the written confirmation on an invoice of the price paid and detailing the price of the products and the delivery fees payable by him.

 

ARTICLE 5 : PAYMENT AND PAYMENT SECURITY

 

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

 

With regard to payment made by credit card, only cards having the acronym "CB", the credit card branded as "VISA", "EUROCARD" or "MASTERCARD" are accepted in France, or the credit cards issued within the framework of internationals networks, and accepted by the Groupe d'Intérêts Economiques (GIE) Cartes Bancaires (i.e. European economic interest groupe for credit cards).

 

In accordance with the provisions of article L.132-2 of the Monetary and Financial Code, the commitment to pay given by credit card is irrevocable. By providing information related to its credit card, the Purchaser authorises the Company to debit his credit card of the amount corresponding to the price of the order placed. Should debiting of the price of the order not be possible, the online payment will immediately and automatically be cancelled and the order will consequently be cancelled too.

 

The validation of the order by providing the numbers of the credit card and the expiration date is a mandate to pay the price of said order.

 

In case of payment by check, check shall be made out in Euros by a bank located in France or in Dollars by an approved bank. Cashing of the check shall occur upon receipt of the check.

 

The Purchaser shall make the check payable to LUZ SARL and send to the following address: 32 rue Jasmin 75016 Paris France.

 

In case of payment made by transfer, the order will be treated only on reception of transfer.

 

Below are the bank details:
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The confidential information in relation to the means of payment is not accessible by the Company but managed directly by the security services.

 

The Purchaser warrants the Company that he has all the authorisations that may be required for the use of the means of payment elected by him for the validation of his order.

 

ARTICLE 6 : DELIVERY

 
Available products presented on the Website or in the brochures can be delivered in France, in Europe and all over the world under certain financial conditions set out above.

 

Orders on the Website:

 

The products ordered on the Website are sent to the delivery address indicated by the Purchaser by specifying any potential restrictions of accessibility (building, floor, code etc.) when ordering. In the case of delivery to a collective address (i.e. office), the Purchaser acknowledges that the Company's obligation in relation to the delivery of the order placed stops at the successful delivery to said collective address indicated when ordering even though the sending has not been received by the final addressee, but by a third party.

 

Contribution to the fees in relation to logistic preparation and expedition are TTC. All deliveries are announced by email.

 

The deadline for delivery starts as from the order of the product on the Website being paid in full. The deadline will be specified on the purchase order without exceeding thirty (30) business days as from the confirmation of the order placed on the Website.

 

It is the Purchaser liability to check its parcel upon receipt and to notify on the delivery note any damage to goods delivered to the carrier in the presence of the delivery man. In the event that such notifications were not made on the delivery note provided to the Purchaser by the carrier, the product delivered is accepted by the Purchaser and shall not be subject to any dispute concerning its delivery.

 

Ordering directly to the Company:

In relation to order made by a Purchaser directly to the Company, as from the date of delivery indicated in the delivery note, ownership of the product is transferred to the Purchaser except where full and complete payment of the price has not been cashed when the order was placed. In the latter case and as raised under article 3 of the TOS, products ordered remain vested in the Company until payment has been made in full by the Purchaser.

The delivery performed by directly handing the product to the Purchaser after the signature of the order form or, failing that, by the Company sending a simple notice to the Purchaser.

In case of delivery to a collective address (i.e. office), the Purchaser acknowledges that Company obligation in relation to the delivery of the order placed ends at the successful  delivery to said collective address indicated when ordering even though the sending has not been received by the final addressee but by a third party.

 

The maximum deadline for delivery begins once the order of the product has been âid in full. That deadline shall be specified in the purchase order and without exceeding thirty (30) business days except otherwise stated between the Company and the Purchaser.

After a deadline of fifteen (15) days from the simple notice of availability, the Purchaser shall proceed with the withdrawal of the ordered product.

In the absence of withdrawal within the deadline indicated, the Company can, after unsuccessful formal notice of the Purchaser, withdraw the product, terminate, as by its rights, the order and retain as compensation the deposit as the case may be.

 

When the product is delivered at the address indicated in the purchase order by a carrier, it is the Purchaser liability to check in the presence of the deliveryman the delivered products and in the case of damage or missing products to express reserves on the delivery note or receipt of transport and possibly to refuse the product and to warn the Company. If such statements are not made on the delivery note presented to the Purchaser by the carrier, the product is accepted by the Purchaser and shall not be subject to any dispute concerning its delivery.

 

Where the products ordered are delivered at the latest fifteen (15) days after the delivery date mentioned in the purchase order, the Purchaser can cancel the order by sending a letter registered with acknowledgement of receipt except in the case of a force majeure event as defined by French Courts' case law in accordance with article 1148 of the Civil code.

 

ARTICLE 7 : AVAILABILITIES

In the case of unavailability of the product ordered, the Company informs the Purchaser by sending an email to the email address indicated when placing the order.

 

The Purchaser has the possibility either to be delivered a product of equal quality and price, within the limit of available stocks, or to be refunded the price within thirty (30) days of the order.

 

ARTICLE 8 : RETURN

 

When an order has been placed via the Website, upon receipt of the order, the Purchaser beneficiates a period of ten (10) days to return the product. After that period, products delivered will be deemed compliant and accepted by the Purchaser and the Company reserves the right to refuse an exchange, to give a credit or to refund.

 

The Purchaser should go on the Website and make a request for return and print the returning note to be filling in and to be returned to the indicated address.

The returned product shall be entire and in its original packaging and with the returning note filled in.

 

Any product damaged, incomplete or having been worn will neither be refunded nor exchanged.

 

A product which is not returned in its original packaging could lead to a partial refund or a non-refund in the case of damage.

 

ARTICLE 9 : RIGHT OF WITHDRAWAL

 

When the order has been made via the Website, the Purchaser beneficiates from a period of fourteen (14) days upon receipt of the products to exercise its right of withdrawal (date as per postmark) without having to provide for any cause, or to pay penalties, except, as the case may be the returning fees.

If the fourteen (14) days period elapses on a Saturday, Sunday or bank holiday or any other non-working day, the period is extended until the next business day.

The Purchaser shall fill in the withdrawal form attached withdrawal process is described step by step on the Website.

If the right of withdrawal is exercised, the Company refunds the Purchaser the full price paid, as soon as possible, and at the latest in the thirty (30) days following the date upon which the Purchaser has exercised their right of withdrawal.

 

ARTICLE 10 : WARRANTIES AND LIABILITIES

 

All the products described on the Website or in the brochures and provided by the Company benefit from the legal warranty of conformity in accordance with the provisions of articles L.211-4 à L.211.14 of the Consumer code and of the legal warranty of the latent defect provided in article 1641 to 1649 of the Civil code as referred below.

In the case of delivery of a non-compliant product or if a delivered product reveals a latent defect, the Company shall refund the Purchaser the price of the product, exchange the product for another identical one in the limit of availability of stocks, or to exchange for a product of equivalent quality and price in the limit of availability of stocks.

Article L211-4

The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.

He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefore or had it carried out under his responsibility.

Article L211-5

To conform to the contract, the product must:

1. Be suitable for the purpose usually associated with such a product and, if applicable:

- correspond to the description given by the seller and have the features that the seller presented to the Purchaser in the form of a sample or model;

- have the features that a Purchaser might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;

2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.

Article L211-6

The seller is not bound by the public statements of the producer or his representative if it is established that he was unaware of them and could not rightfully be expected to have been aware of them.

Article L211-7

In the absence of proof to the contrary, any lack of conformity appearing within six months of delivery of the product is presumed to have existed at the time of delivery.

The seller may refute that presumption if it is incompatible with the nature of the product or the non-conformity invoked.

Article L211-8

The buyer is entitled to demand that the product conform to the contract. He may nevertheless not contest its conformity by invoking a defect that he was aware of, or could not have been unaware of, when he entered into the contract. The same shall apply when the defect originates from materials he has supplied himself.

Article L211-9

In the event of lack of conformity, the buyer shall choose between repair and replacement of the product.

The seller may nevertheless elect not to proceed in accordance with the buyer's choice if that choice gives rise to a manifestly disproportionate cost compared with the other option given the value of the product or the seriousness of the defect. He is then required to proceed with the option not chosen by the buyer, unless this proves impossible.

Article L211-10

If neither repair nor replacement of the product is possible, the buyer may return the product and obtain reimbursement of the price or keep the product and obtain reimbursement of a portion of the price.

He has the same option:

1. If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month of the buyer making his claim;

2. Or if that solution cannot be implemented without major inconvenience for the buyer given the nature of the product and his intended use.

The sale shall not be cancelled, however, if the lack of conformity is minor.

Article L211-11

The provisions of Articles L. 211-9 and L. 211-10 shall be applied at no cost to the buyer.

Those same provisions shall not impede the awarding of damages.

Article L211-12

Action resulting from lack of conformity lapses two years after delivery of the product.

Article L211-13

The provisions of the present section do not deprive the buyer of the right to bring an action on account of latent defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature to which he is entitled under the law.

Article L211-14

An action for indemnity may be brought by the final seller against the successive sellers or intermediaries and the producer of tangible movable property, pursuant to the principles of the Civil Code.

Article 1641

A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.

Article 1642

A seller is not liable for defects which are patent and which the buyer could ascertain for himself.

Article 1642-1

The seller of a building to be erected may not be discharged, either before approval of the work, or before the expiry of a period of one month after the vesting of the purchaser into possession, for defects of construction then patent.

 

There may be no occasion for avoidance of the contract or for diminution in price where the seller bounds himself to repair the defect.

Article 1643

He is liable for latent defects, even though he did not know of them, unless he has stipulated that he would not be bound to any warranty in that case.

Article 1644

In the cases of Articles 1641 and 1643, the buyer has the choice either of returning the thing and having the price repaid to him or of keeping the thing and having a part of the price repaid to him, as appraised by experts.

Article 1645

Where the seller knew of the defects of the thing, he is liable, in addition to restitution of the price which he received from him, for all damages towards the buyer.

Article 1646

Where the seller did not know of the defects of the thing, he is only liable for restitution of the price and for reimbursing the buyer for the costs occasioned by the sale.

Article 1646-1

The seller of a building to be erected is liable, from the approval of the work, for the obligations for which the architects, contractors and other persons bound towards the building owner by a contract of hiring of industry and services are themselves liable under Articles 1792, 1792-1, 1792-2 and 1792-3 of this Code.

Those warranties benefit the successive owners of the building.

There may be no occasion for avoidance of the sale or diminution in price where the seller binds himself to repair the damages specified in Articles 1792, 1792-1 and 1792-2 of this Code and to take upon himself the warranty provided for in Article 1792-3.

Article 1647

Where the thing which had defects perishes because of its bad quality, the loss falls upon the seller who is liable to the buyer for restitution of the price and other compensations explained in the two preceding Articles [Articles 1645 and 1646].

But a loss occasioned by a fortuitous event falls upon the buyer.

Article 1648

The action resulting from unacceptable vices must be brought by the buyer "within a period of two years following the discovery of the vice".

In the case provided for in Article 1642-1, the action must be brought, under pain of being time-barred, within the year following the date on which the seller may be discharged from patent defects.

Article 1649

It does not take place with regard to sales made by order of the court.

 

The Purchaser is informed that the company Luz SARL is not the producer of the products presented in the Website or in the brochures in accordance with law n°98-389 dated 19 May 1998 and in relation to the liability for defective goods.

 

As a consequence, in the case of damages caused to a person or to a good by defect of the product, only the responsibility of the producer of this one can be looked for by the Purchaser on the basis of the information referred to in the package of the product.

 

Products offered are in compliance with French legislation and to the applicable norms in force. The Company shall not be held liable in the case of failure to comply with the applicable legislation of the country where the article is delivered. It is the Purchaser liability to check with the local authorities the possibilities to import or to use the products that the Purchase contemplates to order.

 

The Company cannot be held liable for any inconvenience or damages in relation to the use of internet in particular due to service disruption, virus, bug, external intrusions and more broadly speaking any case of force majeure or third parties act as defined by the French Courts.

 

Hyperlinks may refer to websites other than the Website www.Luzcollections.com, the Company declines all liability if these websites contravene to legal or regulatory dispositions in force.

 

The Company shall not be held liable of any indirect damages that may arise due to the purchase of the products. Similarly, LUZ SARL shall not be held liable in accordance with the TOS for any force majeure event as defined by French courts' case law in accordance with article 1148 of the Civil code.

 

ARTICLE 11 : PROTECTION OF PERSONAL DATA

 

In the framework of operating the Website, the Company may collect personal data. This data is treated in accordance with the planned purpose when the data are collected.

 

The Website and the treatment of the deriving personal data are subject to a declaration to the Commission Nationale Informatique et Libertés (National Commission on Computer software and Freedom) under number 1684578 v .0.

 

It is recalled that the person from which the personal data is taken, has a right to access, modify, rectify and oppose the treatment of the personal data.

 

These rights can be exercised, in accordance with the law dated 6 January 1978, as amended by the law dated 6 august 2004 by sending an email to www.Luzcollections.com or by sending a letter to LUZ SARL 32 rue Jasmin 75016 Paris, France indicating its identity and of a due cause.

 

ARTICLE 12 : LIABILITY

 

Liability of the Company shall not in any case be held in the case of non-performance or poor performance of the contractual obligations attributable to the Purchaser in particular during the registration of the order.

 

The Company shall not be held liable, or considered as having failed to the TOS for any delay or non-performance, when the cause of the delay or of the non-performance is due to a force majeure event as defined by French courts' case law in accordance with article 1148 of the Civil code.

 

ARTICLE 13 : INTELLECTUAL PROPERTY

 

All content of the Website, namely texts, graphs, logos, icons, images, illustrations, audio and video clips, trademarks, software …  including the underlying technologies used, appearing on the website www.Luzcollections.com are protected by trademark, copyright and all other intellectual property rights.

 

They are the exclusive property of the Company.

 

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

 

ARTICLE 14 : APPLICABLE LAW AND COMPETENT JURISDICTION

 

The interpretation and execution of the present TOS as well as all acts resulting from it shall be exclusively subject to French law.

 

If a dispute arises, the Purchaser undertakes to address himself first and foremost to the Company to obtain an amicable solution. 

 

Should any contractual procedure or any out of court dispute resolution fail fail, French tribunals shall have exclusive jurisdiction.

 

ARTICLE 15: CUSTOMER SERVICE

 

The Company shall be available for all queries or information: contact@luzcollections.com.

 

Article 16: LangUage

 

The present TOS are written in French. The translation of these TOS in English is carried out with the sole purpose of facilitating a larger understanding by users.

 

In the event of divergence between the French and English texts, the text written in French shall prevail.

 

Article 17: General Provisions

 

 

The fact that the Company or the Purchaser did not require the application of any clause of these TOS, whether in a permanent or temporary way, will not be considered to have been waived.

 

In the event of any provision contained in the present TOS being declared void in the eyes of the law currently in force or of a final court decision, the said void provision will not affect the validity and enforceability of any remaining provisions.  

 
In such a case as the parties agree on a new provision replacing the one declared null and of no effect, it being understood that the new provision will have to respect as far as possible the essence and the economic impact of the replaced provision on the parties.