Terms of Sales

The following general conditions are intended to apply to any orders made by consumers through our Website

These general conditions are those in force as of October ^1, 2019.

Happy ordering!

Article 1 – General conditions of online sale – acceptance of the conditions

These general conditions of sale (the “General Conditions”), which define the rights and obligations of the parties to the distance sales contract, apply automatically to the contractual relations between the company LumeVille, whose head office is located at 4 chemin des Grands Bas – 25000 BESANCON, registered in the BESANCON trade and company register under number 851383281 and whose VAT number is not applicable, and any Customer ordering Products (hereinafter referred to as “Customer”), on the Website at the address www.lumeville.com (hereinafter referred to as the “Site”). Any validation of an order via the Site entails full acceptance of the General Conditions by the Customer, without reservation. By placing an order, the Customer therefore undertakes to respect the said General Conditions and declares that the Products ordered are not intended for his professional activity.

No special conditions other than those of the LumeVille company can prevail over these General Conditions. Any contrary clause will therefore be unenforceable, regardless of when it may have been brought to the attention of the LumeVille company.

Furthermore, LumeVille reserves the right to modify these General Conditions at any time, the modifications being however only able to apply to orders validated after the update of said General Conditions.

Article 2 – Order process

Before placing an order, the Customer selects the desired Product whose characteristics (in particular name, price, quantity, color, particularities) which he declares to accept, have been transmitted to him or appear on the Site.

The Customer must then provide certain valid identification data necessary to identify them, namely:

• Name, first name, billing address, delivery address if different from the billing address, email address, telephone number.

The Customer can, if he wishes, create an account on the site in order to keep his identification data for a possible next purchase.

The Customer, after checking the box indicating that he has read and accepted the General Conditions, then validates his order and proceeds to pay the price and delivery costs by choosing the payment method, namely PayPal, Apple Pay or Card credit.

A summary of the order will be accessible to the Customer via their Customer account if they have opened one, or by email sent to them after validation of the order. This confirmation email will also contain a copy of the General Conditions in force, which it is the Customer's responsibility to keep.

In the absence of compliance with the General Conditions by the Customer, in particular with regard to the payment of an order, LumeVille reserves the right to suspend its service and, if necessary, suspend or terminate the Customer's account. Prior to any measure in this direction, the Customer will be informed as soon as possible by LumeVille, mentioning the possibility for him to regularize his situation, as well as the possibility of contesting the elements with which he is accused. Consequently, LumeVille reserves the right to refuse any order from a Customer with whom such an unresolved dispute exists.

In accordance with Article 11 of the General Conditions, the Customer has in all cases a right of opposition, access, and rectification of all data concerning him kept by LumeVille.

Article 3 – Price

The prices of Products sold on the LumeVille company website are indicated in euros, all taxes included and are subject to variation during the year. It is however specified that the Products are invoiced at the price in effect when the order is validated by the Customer.

Delivery costs are mentioned separately, at the time of validation of the order, before payment and depend on the delivery option chosen, the nature and weight of the Product ordered. They are therefore invoiced in addition to the price of the Product(s) ordered, unless otherwise expressly mentioned.

Furthermore, for all Products delivered outside the European Union and overseas territories, LumeVille draws the Customer's attention to the fact that customs duties or other local taxes or import duties or state taxes may be requested, to the extent that the Customer is considered an importer of the Products. These duties and taxes are not the responsibility of the LumeVille company. They will be the responsibility of the Customer and are their entire responsibility, both in terms of declarations and payments to the competent authorities and/organizations of the importing country. LumeVille advises the Customer to inquire about these aspects with the local authorities of the country of import.

Article 4 – Payment terms

Payment of the price of the Products ordered is made in cash before delivery, by means of a transfer via PayPal, Apple Pay or credit card, upon ordering, through our secure payment system. Delivery of the Product(s) ordered takes place after confirmation of the agreement of the bank payment centers. In the event of refusal of authorization, the Customer will receive an e-mail notifying him of the cancellation of the order and the reason for this refusal.

The Customer guarantees that he is fully authorized to use Apple Pay, the credit card or the PayPal account used to pay for his order.

For any order exceeding 1,000 euros, LumeVille reserves the right to verify the consistency of the information it has, and to request a photocopy of the buyer's identity card as well as proof of address. These measures make it possible to effectively combat fraudulent use that could be made of your credit card, PayPal or Apple Pay account.

Acceptance of the Customer's order by LumeVille is evidenced by sending the order confirmation email to the Customer.

Article 5 – Delivery – Availability

5.1 Availability of Products

Product offers are valid as long as they are visible on the Site and while stocks last.

If one of the Products turns out to be not available after validation of the order by the Customer, the Customer will be informed by e-mail, with the restocking times envisaged for this product, in order to allow him, if necessary, to abandon your order or place a new one. In any case, his account will be recredited within 10 days for the amount of the Product ordered but not delivered. The rest of the order will be delivered normally, the Customer already agreeing to partial delivery.

5.2 Place of delivery

Orders placed through our Site may be shipped anywhere in the world.

All orders are delivered to the delivery address mentioned at the time of the order or by default in the Customer contact sheet appearing in their account. In the event of an error on the part of the Customer when communicating their data or insufficient information, resulting in the Product being returned by the carrier, it will be reshipped at their expense.

5.3 Delivery times

The delivery time mentioned in the order summary corresponds to the shipping time indicated on the Product sheet to which is added the processing and delivery time.

In the event of delivery by a carrier requiring an appointment with the Customer, the latter will contact the Customer as soon as possible to arrange a delivery appointment with the latter, 30 days at the latest from the date of your order validation. LumeVille cannot be responsible for a delivery delay due exclusively to unavailability of the Customer after several appointment proposals by the carrier.

When the Customer orders several Products at the same time and they have different delivery times, the delivery time of the order is based on the furthest delivery time. LumeVille, however, reserves the right to split shipments. Participation in processing and shipping costs will only be charged for a single shipment.

In the event of a shipping delay, an email will be sent to the Customer to inform them of a possible consequence on the delivery time indicated to them.

In any case, in accordance with legal provisions, in the event of late delivery, the Customer benefits from the possibility of resolving the contract under the conditions and terms defined in article L 216-2 of the Consumer Code.

The Customer is also invited to regularly consult his order tracking and to contact customer service for any questions or in the event of a problem.

Article 6 – Reservation of ownership

LumeVille expressly reserves ownership of the Products delivered, until full payment of their price in principal and interest where applicable. Failure to pay may result in LumeVille claiming the Products. The above stipulations do not prevent, from receipt by the Customer, the transfer to the Customer of the risks of loss or deterioration of the Products as well as the damage that they could cause.

Article 7 – Right of withdrawal – Return

7.1. Exercise of the right of withdrawal

The Customer has the right to withdraw without giving reason within fourteen days. The withdrawal period expires fourteen days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the Product(s).

To exercise the right of withdrawal, the Customer must notify his decision to withdraw the order by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail) to the following address: LumeVille , 4 chemin des Grands Bas – 25000 Besançon or office@lumeville.com

The Customer can also use the model withdrawal form downloadable here , but this is not obligatory. The Customer can thus complete and send the model withdrawal form to the address office@lumeville.com . If the Customer uses this option, the LumeVille company will immediately send an acknowledgment of receipt of the withdrawal on a durable medium (by email).

For the withdrawal period to be respected, it is sufficient for the Customer to transmit his communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.

If the Customer decides to exercise his right of withdrawal, he must return the Product in its original packaging, in original condition, accompanied by the delivery note and/or the corresponding invoice within 14 calendar days following the date on which the return request will have been transmitted to the LumeVille company. This deadline is deemed to be respected if the Customer returns the goods before the expiration of the fourteen-day period. The returned Products travel at the expense and risk of the Customer. Products which are not accompanied by their original packaging or which are returned in a condition unfit for sale may be refused by our returns department and may be returned to the Customer: in this case, reimbursement cannot be made.

Given the high value of certain Products, the Customer is advised to insure the Products upon their return to the LumeVille company, to the extent that the Customer ensures their custody and conservation until receipt by LumeVille .

7.2. Reimbursement by LumeVille

Any Product returned in violation of the information contained in the above-mentioned paragraphs may not be accepted by LumeVille: it may therefore not be subject to a refund or will give rise to a request for compensation from the company LumeVille. , depending on the damage or damage observed on the Product.

The LumeVille company will defer reimbursement until receipt of the Products or until the Customer provides proof of shipment of the goods, the date chosen being that of the first of these events.

In the event of withdrawal by the Customer, accepted by LumeVille, LumeVille will reimburse all payments received, including delivery costs (with the exception of additional costs arising from the fact that the Customer has chosen, where applicable, a method delivery other than the less expensive standard delivery method offered) without undue delay and, in any event, no later than fourteen days from the day on which the LumeVille company was informed of the withdrawal decision. The LumeVille company will make the reimbursement using the same means of payment as that used by the Customer for the initial transaction; in any event, this reimbursement will not incur any costs for the Customer.

7.3 – Products excluded from the right of withdrawal

In accordance with current regulations, the right of withdrawal cannot be exercised for Products made according to the Customer's specifications or personalized and goods unsealed by the customer and cannot be returned for reasons of hygiene or health protection. .

Article 8 – Legal guarantees

As part of the legal guarantee of conformity, the Customer:

• Benefits from a period of two years from the delivery of the goods to act against the company LumeVille;
• Can choose between repairing or replacing the item, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
• The following are exempt from providing proof of the existence of the lack of conformity of the goods:
  • If the product is new: during the 24 months following receipt of the Product;
  • If the product is second-hand: during the 6 months following receipt of the Product.

The legal guarantee of conformity applies independently of the commercial guarantee which may cover the Product.

It is recalled that the consumer can decide to implement the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the civil code and that in this case, he can choose between cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

The provisions of this article 8 do not prevent the Customer from benefiting from the right of withdrawal provided for in Article 7.

However, the Customer cannot contest conformity by invoking a defect that he knew or could not ignore when he contracted (article L.217-8 of the Consumer Code): the Customer is therefore asked to carefully consult the Product sheets for the description of all Products and particularly second-hand products: all possible scratches, shocks, imperfections are detailed. Furthermore, in the case of second-hand goods that are sometimes very old, and despite all the care taken by LumeVille before shipping, the Customer declares to be informed that frequent renovations or revisions may have to be carried out.

In all cases, in the absence of a noted failure or abnormal use of the Product (in particular, without this list being exhaustive: broken product, oxidation, use not in accordance with the manufacturer's recommendations or the destination of the Product), Lumeville will not proceed neither the repair nor the exchange of the Product; Lumeville may also invoice the labor costs incurred.

In accordance with legal provisions concerning conformity and hidden defects, the Lumeville company will reimburse or exchange Products that are defective or do not correspond to their description. If the Customer requests reimbursement, he must contact the Site in advance at the following email address, explaining the details of the request and the reasons for making it: office@lumeville.com .

If the return is accepted by LumeVille, the Products must be returned in the condition in which the Customer received them, in their original packaging, in original condition, accompanied by the delivery note and/or the corresponding invoice. Shipping costs will be reimbursed to the Customer on the basis of the price invoiced and return costs will be reimbursed upon presentation of supporting documents. Given the high value of certain Products, the Customer is advised to insure the Products upon their return to the LumeVille company, to the extent that it ensures their custody and conservation until receipt by LumeVille.

Furthermore, for new items installed and in accordance with the Hamon law of March 17, 2014, LumeVille informs the consumer of the availability of spare parts for 1 year.

Article 9 – Liability

It is expressly specified that the LumeVille Company Site is aimed at consumers and that the Products sold are not designed for professional use. Consequently, LumeVille cannot be held responsible for any indirect or immaterial damage due to the use or operation of the Products ordered. Furthermore, the Products comply with French legislation, but the liability of the company LumeVille cannot be engaged in the event of non-compliance with the legislation of the country where the Products are delivered: it is up to the Customer to obtain information from the authorities of the country of import to find out if the Product is authorized there.

Furthermore, LumeVille cannot be held responsible for the non-performance of the contract concluded, on the one hand in the event of force majeure, as defined by article 1218 of the Civil Code, on the other hand in the event of fault of the Customer or the unforeseeable and insurmountable act of a third party to the contract or the consequences resulting from the misuse of the Products sold on the Site.

Article 10 – Intellectual property

No element of the Site, including editorial content, graphics, photographs, logos and trademarks, may be copied, reproduced, modified, downloaded, published, republished, transmitted or distributed in any form or by any means without prior written consent. from LumeVille. Any unauthorized use of the elements appearing on this Site may constitute a violation of regulations or legislation relating to copyright, trademarks or any other applicable legislation, and is subject to the sanctions provided for by law.

Article 11 – Personal data

The database made up of the data communicated has been declared to the Commission Nationales Informatique et Libertés. In accordance with Law No. 78-17 of January 6, 1978, the Customer has a right of opposition, access, rectification of any data concerning him brought to the attention of the LumeVille company during the execution of the contract. The Customer may exercise these rights by contacting LumeVille by email at office@lumeville.com .

In accordance with current regulations, the Customer's request must be signed and accompanied by a photocopy of an identity document bearing his signature and specify the address to which the response must be sent. A response will then be sent within 2 months of receipt of the request.

Furthermore, if the Customer expresses the wish when registering, LumeVille has the possibility:

• To send promotional offers, newsletters, any other use by third parties is not authorized.
• To authorize the transmission of this personal data to our commercial partners

Failing this, LumeVille will only use this information within the very strict framework of processing the Customer's orders and establishing statistics aimed at improving its Site and the services offered.

Article 12 – Evidence

Unless proven otherwise by the Customer, LumeVille's automatic recording systems are considered as proof of the nature, content and date of the sales contract.

Article 13 – Applicable law – Disputes – Processing of complaints – Mediation

This agreement is subject to French law. The language of this contract is French. In the event of a legal dispute, the French courts will have sole jurisdiction, subject to the applicable mandatory legal provisions.

For any complaints, please contact customer service first at the following address office@lumeville.com . Indeed, in accordance with the rules applicable to mediation, any consumer dispute must be entrusted in writing to the LumeVille Consumer Service before any request for mediation.

Then, in the event of persistence of the disagreement and in accordance with Ordinance No. 2015-1033 of August 20, 2015 relating to the extrajudicial settlement of consumer disputes, any consumer has the right to resort free of charge to a consumer mediator with a view to resolving amicable resolution of the dispute between him and a professional. The time limit for the consumer to contact a mediator is one year from their written complaint to the professional.

The European Commission has set up a dispute resolution platform intended to collect possible complaints from consumers following an online purchase in order to then transmit them to the competent national mediators.

This platform is accessible under the following link http://ec.europa.eu/consumers/odr/