General conditions of sale of the site lumenstudio.com

The General Conditions of Sale are continually accessible on the site and take precedence over any other version or any other contradictory document. All other provisions are considered null and void. The general conditions of sale described below are intended to govern all contractual relations between M. MENETRIER Lucas and customers placing an order through the site lumenstudio.com (aged over 18 and benefiting from a full legal capacity). The General Conditions of Sale apply without restrictions or reservations to all sales of products published on the site. Placing an order through the online site implies your unreserved acceptance of the General Conditions of Sale. To this end, You confirm that you accept all of the General Conditions of Sale when you check the box “I accept the general conditions of sale” during the process of placing your order. We reserve the right to modify these General Conditions of Sale at any time. We therefore invite you to carefully read our General Conditions of Sale for each new order you wish to place. The applicable General Terms and Conditions will be those in force on the day the order is placed.

1 – Orders

The lumenstudio.com online site is accessible 24 hours a day, 7 days a week, subject to closure for maintenance or repair or in the event of force majeure. These general conditions of sale are accessible at any time and may be modified at any time by M. MENETRIER Lucas. To place your order: Once the products have been selected, your identification data provided and your delivery method confirmed, you then proceed to select your payment method. A summary of your order is then presented to you. It will include information relating to the products you have selected, prices and delivery methods. An order number will also be assigned to you in order to have order traceability. From the moment the buyer confirms his order on the site lumenstudio.com, he is considered to have knowingly accepted the content and conditions of the Order in question and in particular these General Conditions of Sale, due to the fact that his order implies an obligation of payment on his part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Buyer.

Once this step has been validated, the sale will be final and confirmed by the site lumenstudio.com by sending an email “order confirmation” or “order preparation in progress” to the buyer subject to the exercise by the buyer of his right of withdrawal under the conditions provided for in these General Conditions of Sale in paragraph 13 (i.e. 14 days from the purchase).

2 – Price

The prices indicated on the site lumenstudio.com are indicated “All taxes included” (TTC). Unless otherwise indicated, the prices indicated do not include shipping costs and all orders are paid in euros. M. MENETRIER Lucas reserves the right to refuse any order from a customer with whom there is a dispute relating to the payment of a previous order. Any order constitutes acceptance of the prices and descriptions of the products available for sale (images and descriptions of the product characteristics). The sales prices of the products are those in force at the time the order is registered, excluding transport costs. If the goods which were the subject of the same order have not been delivered in full, the balance of the order may be invoiced at the rate in effect on the day of delivery. Product sales prices may be changed at any time due to external events. Shipping costs are the responsibility of the Customer. They are invoiced in addition to the price of the products according to the amount of the order at the end of the invoice or will be indicated on the quote given to the customer. If a customer wishes to exchange a product for another (another reference, another capacity) the resulting transport costs will be their responsibility. Return vouchers are sent to customers only for errors on the part of Mr. MENETRIER Lucas or in the case of product failure. The VAT on the price excluding tax is 20% recoverable for France and DOM TOM, please note, on the DOM TOM the customer will have to pay for their purchases + the Shipping Costs adapted according to their place of residence. For international prices and export contact us. The prices on the M. MENETRIER Lucas site are regularly updated. Typographical errors happen. Only the prices announced on the quote given to the customer are binding.

3 – Payment Unless otherwise specified, products are payable upon ordering.

Any amount paid by the customer prior to delivery of the product constitutes a deposit on the sales price definitively owed by the Customer. In the event of late payment, we reserve the right to suspend all deliveries until payment of the amounts due, or to cancel orders in progress, without prejudice to any recourse. Penalties of an amount equal to the bank base rate increased by 3 points are automatically applicable to unpaid amounts after a period of 10 days following the invoice date or upon notification of bank payment rejection for any other means of payment. Delivery of any new order may be suspended in the event of late payment for a previous order.

4 - Delivery subject to availability.

Orders placed after 3 p.m. will only be taken into account the following day according to our opening hours and the carriers' opening days. Our product offers are offered within the limits of our available stocks. The delivery times provided for in our order confirmations are given for purely indicative purposes only and do not constitute a commitment on our part. Any delays do not give the buyer any rights to cancel the sale, refuse the goods from the delivery person or request damages. Delivery is mainly made via the postal carrier. With regard to home delivery, the customer must open their order and verify it, both with regard to conformity and the quantity of the products, in the presence of the delivery person. In addition, the customer must immediately mention any reservations and complaints that appear justified to Mr. MENETRIER Lucas. In the event of proven non-compliance and if Mr. MENETRIER Lucas agrees on a commercial basis to take back your products, the new shipment of the products concerned will be made within the limits of available stocks. The information provided by the buyer when placing the order binds the buyer: in the event of an error in the wording of the recipient's contact details or personal information. M. MENETRIER Lucas cannot be held responsible for the impossibility of delivering the product. If the products delivered do not conform in nature or quality to the specifications indicated in the delivery note, the Customer must, under penalty of forfeiture, formulate its complaints within fifteen (15) days after delivery. The recipient must request a Report of Theft or a Report of Anomaly from their delivery person. Once the package has been accepted by the recipient, it is considered to have been received in perfect condition, hence no complaints can be taken into account for Mr. MENETRIER Lucas if the customer has not made any complaints to the delivery person. Our company is released from the delivery obligation for all unforeseeable cases of force majeure. Force majeure includes all cases recognized by case law and any malfunction of the Internet network, disruption or total or partial strike in particular of postal services, means of transport, communications as well as weather hazards (flood, fire, etc.).

5 – Reservation of ownership

The information, photos and graphics in the catalogs are only indicative and in no way commit Mr. MENETRIER Lucas. Product names may be close or exact to similar products otherwise manufactured and sold by third parties. We decline all responsibility (complicity in counterfeiting) in this regard to the extent that we only market the products that we purchase from our wholesale suppliers, respecting their codes and catalog names. It is agreed between the parties within the meaning of the law of May 12, 1980, that we retain ownership of the goods delivered until full payment of the price, incidental costs and taxes. The transfer of risks of loss or deterioration nevertheless occurs in your hands from delivery of the products.
In the event of non-payment of the price or taxes on the scheduled date, and without any other formality or notice, the sale will be automatically canceled for the benefit of Mr. MENETRIER Lucas, subject to all damages for his benefit, in addition deposits received which remain definitively acquired. This retention of title clause does not prevent the transfer of risks to the customer upon delivery of the products. Consequently, upon delivery, the products are placed under the responsibility of the customer who bears all risks of loss and damage and takes out any useful insurance as such. By express agreement, M. MENETRIER Lucas may exercise the rights it holds under this retention of title clause, for any of its claims, on all of its products in the customer's possession, the latter being conventionally presumed to be those unpaid, and Mr. MENETRIER Lucas may take them back or claim them as compensation for all these unpaid invoices, without prejudice to his right to cancel sales in progress.

6 – Intellectual property

This site is intended for personal, non-commercial use. Users are authorized to browse and view the content of the site as well as the elements available from this site on their computer, or any other device such as smartphone, tablet, etc. Also, all elements reproduced on this site (logos, photographs, products, texts, graphic charter, etc.) protected by the intellectual property code and the civil code are the property of Mr. MENETRIER Lucas. Consequently, none of these elements may be represented, downloaded, reproduced, transmitted, translated, sold, exploited commercially or free of charge or reused in any way whatsoever without the prior consent of M. MENETRIER Lucas.

7 – Responsibility

The site and its content are accessible by the user. Despite the care taken by the site team to correct errors, inaccuracies and/or imprecisions and to prevent the introduction of viruses, the site team cannot fully guarantee the accuracy and reliability of all or part of the content of the site. The user acknowledges and accepts that use of the site is at their own risk. M. MENETRIER Lucas cannot be held responsible for damages of any nature, whether material, immaterial or bodily, which could result from the misuse of the items sold. Mr. MENETRIER Lucas: assumes responsibility towards the customer relating to the products delivered, in accordance with the regulations in force. The seller cannot be held liable in any way whatsoever for any indirect damage. In the event of direct damage, the seller's liability is limited to a maximum amount of 1,500 euros.

8 – Confidentiality

All banking data entered from the site when placing an order is subject to secure processing and is immediately encrypted. This information is only accessible to our banking partner, so that they can contact your bank. At no time can we, or any other third party, access your banking data. Your payments are sent to our banking partner on the day of the order.

9 – Guarantees

9.1 Legal guarantee: Independently of any commercial guarantee that may be granted to the Internet user, M. MENETRIER Lucas remains liable for any lack of conformity of the goods sold in accordance with articles L. 217-4 to L. 217-5 of the French Consumer Code , partly reproduced below. Mr. MENETRIER Lucas also remains bound by the legal guarantee against hidden defects under the conditions set out in articles 1641 to 1648 of the Civil Code, as well as in article 2232 of the same code, partly reproduced below.

“Legal guarantee of conformity” (extract from the Consumer Code) Article L. 217-4: The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. Article L. 217-5: The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: – if it corresponds to the description given by the seller and has the qualities that it presented to the buyer in the form of a sample or model; – if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

“Guarantee of hidden defects” (extract from the Civil Code) Article 1641: The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which significantly diminish this use , that the buyer would not have acquired it, or would have only given a lower price, if he had known them. Article 1648 paragraph 1: Action resulting from fatal defects must be brought by the purchaser within two years from the discovery of the defect.

9.2 Commercial guarantee Certain products sold on the Site may benefit from a commercial guarantee, the duration of which is mentioned on the product page of the articles concerned. However, this guarantee will not apply in the event of a problem caused by negligence, deterioration or inappropriate use of the product by the Internet user. Indeed, Mr. MENETRIER Lucas draws the Internet user's attention to defects or malfunctions that may only be the consequence of poor installation or handling of the equipment.

9.3 Conditions for exercising guarantees If the Internet user's product proves to be defective during the legal or commercial guarantee period or does not conform to the order, he makes an after-sales service request by contacting Mr. MENETRIER Lucas. To make a return on the site lumenstudio.com, the buyer will contact the seller's after-sales service according to the terms of article 10, if the product is recognized as defective, Mr. MENETRIER Lucas will send it to the buyer a product return number (RMA). Shipping costs will be covered under the conditions provided for by law, whatever the solution chosen. It is already specified here that all shipping costs of the product, linked to a return occurring under a commercial guarantee, will be the exclusive responsibility of the Internet user, unless after the return of the product, the defect conformity is confirmed, the return costs will be reimbursed to you, upon receipt of proof, you are therefore invited to keep the proof of your returns. You will be reimbursed at the basic postal rate for delivering a parcel. After processing the product by Mr. MENETRIER Lucas who will check in particular whether the product can benefit from the legal or commercial guarantee, the standard repair or exchange of the product will be carried out depending on the cost of the repair. If the cause of the breakdown falls within the scope of the legal or commercial guarantee, the product is not repairable and cannot be exchanged for an identical or equivalent product, it will be refunded in the form of a credit or refund. . In all cases, Mr. MENETRIER Lucas will offer the most suitable solution (replacement of the defective part, replacement of the item or refund). In the event of an abnormal or abusive return or if the Internet user has not read and applied the instructions provided, this return will be considered a non-compliant return and treated as such.

9.4 Implementation of guarantees: reminder of the return process For any guarantee, legal or contractual, it is reminded that the Internet user is free to choose the method of sending his product and to take out insurance or not in the event of loss, theft or destruction of your package. M. MENETRIER Lucas does not cover any of these costs and cannot be held responsible for non-receipt of the Internet user's package. Finally, the Internet user is responsible for the packaging method of his product, which must be done in such a way that the product can travel without risk of breakage or damage.

9.5 Limit of contractual guarantees: We particularly draw your attention to the fact that the guarantee does not cover normal wear and tear of a product, friction of the parts together on the parts which remove the surface treatment: paint, etc. Proof of 'a breakdown caused by negligence, deterioration, lack of maintenance or inappropriate use would render the manufacturer's warranty ineffective: – in the event of inappropriate use or modification of the product – in the event of intentional damage by the customer – if the product has suffered external damage such as a fall, shock, oxidation, fire, etc.

In this specific case, the product may be returned to you as is, or repaired upon acceptance and prior payment of a quote established by the manufacturer. Please note that Mr. MENETRIER Lucas cannot be held responsible in the event of the manufacturer's refusal to apply its warranty for the legitimate reasons set out above. In any event, the manufacturer's warranty does not deprive the buyer and/or consumer of the provisions of the legal guarantees (in particular the guarantee of hidden defects or the legal guarantee of conformity).

10 – After-sales service

You have a problem in the use or installation of your product, your product is defective or damaged, you wish to exercise your right of withdrawal, Mr. MENETRIER Lucas provides after-sales service for its products. You are invited to contact us, either by email at the following address: lumenstudio.contact@gmail.com. Our Telephone Assistance is open Monday to Friday from 10 a.m. to 5 p.m. to provide you with all the advice and assistance needed to implement your products. We will then process your request and provide you with an initial diagnosis (with the application or not of the contractual guarantee, breakdown, etc.).

11 – Images of Illustrations and Photos

The images, illustrations used to create the articles and the various visual presentations of the products are not contractual and are produced solely for illustration purposes and cannot be used to assert any claim of any kind against us. The images and logos are the property of their respective brands. For any complaints regarding these images or illustrations, please contact their respective brands directly.

12 – Attribution of jurisdiction

Any dispute regarding the application of these General Conditions of Sale and their interpretation, their execution, the sales contracts concluded by Mr. MENETRIER Lucas or the payment of the price, will be brought before the Commercial Court of Caen, whatever regardless of the place of order, delivery, payment, or method of payment, even in the event of a warranty claim or multiple defendants. Bills of exchange make neither novation nor derogation from this jurisdiction clause. The attribution of jurisdiction is general and applies whether it concerns a main request, an incidental request, an action on the merits or an interim application.

13 – Applicable law and possible disputes

This agreement is subject to French law. The language of this contract is French. In the event that a dispute arises from this contractual relationship, the parties undertake to seek an amicable solution before any legal action.

14 – Withdrawal periods

14.1 Deadline for exercising the legal right of withdrawal In accordance with article L. 221-18 of the French Consumer Code, the buyer has a period of (14) fourteen days from the day of receipt of the package containing the products ordered, to exercise your legal right of withdrawal without having to give reasons for your decision.

14.2 Conditions for exercising the legal right of withdrawal The conditions for exercising the legal right of withdrawal are described in article 10 of these General Conditions of Sale.

14.3 Products excluded from the legal right of withdrawal In accordance with article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for orders relating to the supply of goods which have been unsealed after delivery.

14.4 Consequences of exercising the legal right of withdrawal If the products may be subject to the legal right of withdrawal, the buyer exercising his right of withdrawal under the conditions provided for in this article in terms of time limit and terms of return of the products, will be able to obtain a refund of the returned products as well as the delivery costs of the Order.

14.5 Fees In accordance with article L. 221-23 of the French Consumer Code, The consumer returns or returns the goods to the professional or a person designated by the latter, without undue delay and, at the latest, within fourteen days following communication of his decision to withdraw in accordance with article L. 221-21, unless the professional offers to recover these goods himself. The consumer only bears the direct costs of returning the goods, unless the professional agrees to bear them or if he has failed to inform the consumer that these costs are his responsibility. However, for contracts concluded off-premises, when the goods are delivered to the consumer's home at the time of conclusion of the contract, the professional recovers the goods at his own expense if they cannot be returned normally by post due to their nature. nature. The consumer's liability can only be engaged in the event of depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these goods, provided that the professional has informed the consumer of his right withdrawal, in accordance with 2° of article L. 221-5. 15 – Computing and Freedoms

The information requested from the consumer is necessary for processing their order and may be communicated to the contractual partners of M. MENETRIER Lucas involved in the execution of this order. The consumer may write to M. MENETRIER Lucas to oppose such communication, or to exercise his rights of access, rectification with regard to the information concerning him and appearing in the files of M. MENETRIER Lucas in the conditions provided for by the law of January 6, 1978.