TERMS AND CONDITIONS OF SALE
Applicable as from 01/02/2018
Internet user: natural or legal person connecting to the Site.
Customer: natural person or legal entity registered on the Site.
Product : Lexilight brand lamp, LED desk or bedside lamp with innovative technology for customizing the luminous flux to provide reading assistance, especially for those with learning disabilities.
Seller and Publisher :
THOMAS WATT LIGHTING PRO, 20 rue d'Isly, 35000 Rennes, France
Director of Publication: Jean-Baptiste FONTES
Article 1 - Purpose
The present Terms and Conditions of Sale govern the sale of products sold on the website https://lexilight.com/, e-commerce website selling lamps branded Lexilight, free access for any Internet user, published and hosted by "Lexilight" and determine the rights and obligations of the parties in the context of the online sale of Products offered by the Seller.
Article 2 - Scope of application
The Internet User, by simply browsing the https://lexilight.com/ website, acknowledges having read and accepted without reservation these General Terms and Conditions of Sale and Use of the Website.
This adherence to these General Terms and Conditions of Sale of the site will be confirmed by the fact that the Internet user ticks the box "I have read and accept the terms and conditions".
By ticking the box "I have read and accept the terms and conditions", the Customer declares that he/she has the legal capacity to contract under French law and validly represents the natural person or legal entity for which he/she is contracting under a mandate, or has the authorisation of a tutor, curator or legal representative.
Unless proven otherwise, the information recorded by the Seller constitutes proof of all transactions.
The Vendor reserves the right to modify the present terms and conditions at any time by publishing a new version on the Site. The applicable General Terms of Sale are then those in force on the date of payment (or the first payment in case of multiple payments) of the order.
Article 3 - Opposability
The present General Terms and Conditions of Sale govern the relationship between Internet users and Customers on the one hand and the Vendor on the other.
Under no circumstances may the special conditions of the Internet user or the Customer prevail over these General Terms and Conditions of Sale, unless accepted in writing by the Seller. Any condition to the contrary opposed by the Internet User or the Customer shall therefore, in the absence of express and written acceptance, be unenforceable against the Seller, regardless of when it is brought to his attention.
The fact that the Seller does not invoke any provision of the present terms and conditions at a given time shall not be interpreted as a waiver of the right to invoke the said provision at a later date.
Article 4 - Description and Use of the Products
The Products marketed on the Site are LED lamps under the brand name LEXILIGHT, registered at the INPI under the number 17844581.
The Seller undertakes to describe the essential characteristics of the Products with the utmost accuracy, to display their price, methods of payment and any delivery restrictions and to make its best efforts to ensure that the Site and the information it contains are kept up to date.
LEXILIGHT lamps should not be used outdoors but are only designed for Indoor use, for example in a residential dwelling or an office in the tertiary sector, without these examples being exhaustive.
Any defect resulting from the use of non-conforming Products will not in any case give rise to the guarantee referred to in these General Terms and Conditions of Sale.
The products sold on the website https://lexilight.com/ are not intended for resale and are limited to strictly personal use. Any use of the products ordered via the website for commercial and/or lucrative purposes is prohibited.
Article 5 - Prices
The applicable prices are those displayed by the Site on the day of the order and are subject to change at any time by the Vendor. However, the Product will be invoiced on the basis of the price list in force at the time of validation of the online order.
The prices of the Products are indicated in euros, including all taxes (VAT), but excluding handling and shipping costs. The Vendor reserves the right to modify the prices of the Products displayed on the Site at any time, and to correct, before finalising the order, any pricing errors that may occur.
Any change in the VAT rate as well as any new taxes may be passed on to the price.
Article 6 - Conclusion of the contract and online ordering
6.1 Placing the order
The order is made online on the website https://lexilight.com/.
Prior to any order, the customer declares having consulted the information leaflet for the product ordered on the site. Then, to order, the Customer must click on the "order" or "buy" or "buy now" box. The sub-total of his order is then indicated to him, it being specified that the shipping costs will be added at the time of the finalization of the order.
The Customer then ticks the box "I have read and accept the terms and conditions", which implies full and complete adherence to these general terms and conditions of sale, without which the placing of the order will not be possible.
The Customer then ticks the box proceed to payment. He is then invited to complete his personal information (email address, surname, first name, company, delivery address, telephone). Once this data is completed, he will be invited to continue to the payment method and will have to fill in his bank details on the payment interface. He will be able to finalize the order by clicking on "place my order".
Several modes of transport may be proposed when placing the order.
The shipping costs vary according to the weight of the order, the delivery address and the chosen mode of transport.
The amount of the shipping costs is indicated at the time of the order. The payment of shipping costs is the exclusive responsibility of the Customer.
The sale is deemed concluded when the Customer has proceeded to the final validation and payment of the order. Orders are subject to confirmation by e-mail by the Vendor. A first e-mail will confirm the contractual information of the order and a second e-mail will indicate the tracking number of the order.
For the purposes of the proper performance of the order, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide true identification information.
The Vendor undertakes to keep this data confidential and secure, in accordance with the law and regulations in force.
6.2 Validation of the order
The Seller reserves the right to refuse any order from a Customer refusing all or part of the GCSU.
The Vendor reserves the right to refuse the order, for example for any abnormal request.
The Products are offered within the limit of available stocks. In the event of temporary unavailability of all or part of the Products ordered, the Seller shall notify the Customer without delay.
In the event of impossibility to place the order for a reason described above, the Customer will be informed by email. The order will then be cancelled and the Customer will be refunded the amount of the order on the payment method used - within a maximum period of fourteen (14) days.
Article 7 - Online payment
Payment is due immediately upon order and is due upon confirmation of the order. Payment is made by credit card and via Partial.Ly.
The information transmitted is encrypted in the rules of the art and cannot be read during the transport on the network.
Once the payment is launched by the Client, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorises the Vendor to debit his card for the amount relative to the price indicated. The Customer confirms that he is indeed the legal holder of the card to be debited and that he is legally entitled to use it.
The Customer will then receive confirmation by e-mail of the payment of the order, as well as a summary confirmation e-mail of the order within 24 hours.
Dispatch of the order will be confirmed by email at a later date.
In the event of an error, or if it is impossible to debit the card, the Sale is immediately cancelled by operation of law and the order is cancelled.
Article 8 - Reservation of ownership and transfer of risks
The Products cannot be resold by the Customer.
The Products remain the property of the Seller until full payment of their price.
The Seller reminds that when the Customer takes physical possession of the Products, the risk of loss or damage to the Products is transferred to the Customer.
Article 9 - Delivery
The Products are delivered to the delivery address that has been indicated. The Seller accepts orders from billing and delivery addresses located in the United States, Canada, the United Kingdom, Switzerland and the European Union.
The Customer will be notified, after the order has been finalised, of the date on which the Product will be delivered to him. This date varies according to the mode of transport chosen and the place of delivery. This date is a simple estimate, determined according to the usual average times and corresponds to the processing and delivery times. The Seller may not be held responsible for the consequences due to a delay in delivery due to the carrier, particularly in the event of a strike. An email is sent to the Customer when the Products are dispatched indicating the delivery times.
The Products are shipped to the delivery address specified when the order is placed. If it proves to be erroneous, the costs of reshipment to the new address shall be borne exclusively by the Customer.
If the Products are available on different dates, the delivery time is based on the longest delivery time. However, the Seller reserves the right to split shipments. In this case, an email will first be sent to the Customer to inform him/her of this and the participation in the processing and shipping costs will only be invoiced for a single shipment.
Delivery is deemed to have been made when the carrier makes the order available to the Customer, this availability being established by the information system used by the carrier.
It is the Customer's responsibility to check the quality, quantities and references of the Products as well as their conformity to the order at the time of delivery.
Article 10 - Provisions specific to pre-orders
It will be possible to pre-order certain products before their release date, the release date being the date on which the product can be ordered on the site by all Internet users. By means of the pre-order, the Customer is given the possibility to receive products that the Vendor undertakes to deliver in priority, unless the payment could not be finalized.
In the event that the payment could not be finalized, the Vendor will keep the product aside for the Customer for a period of time that will be indicated to him by an e-mail notifying him of this situation. If payment is not made within the time limit, the order will be cancelled and the Customer will only be able to order the product on its release date.
For the exercise of the Customer's rights granted by the present general conditions of sale and use, in the event of a pre-order, the date of dispatch of the product will be considered as the date of the order.
Article 11 - Purchases outside metropolitan France
The Site is accessible outside metropolitan France, the Vendor offering its Products for sale in the United States, Canada, the United Kingdom, Switzerland and the European Union.
However, the sale of Products in a country outside of metropolitan France may be subject to a specific framework. The Seller shall not be held liable for any failure to respect the laws of the country where the Products are delivered. It is the Customer's responsibility to check with the local authorities the possibilities of importing or using the products he intends to order.
Customs duties or other local taxes or import duties or state taxes may be payable and shall be the sole responsibility of the Customer. The payment of these duties is the entire responsibility of the Customer, both in terms of declarations and payments to the competent authorities and bodies of the country concerned. It is recommended that the Customer inquire about these aspects with the local authorities of the country concerned, prior to placing an order on the Site.
Article 12 - Exercise of the right of withdrawal
The Customer has thirty (30) days to exercise his right of withdrawal, without having to justify his decision or pay any penalty. This period runs from receipt of the Product(s). The Customer may exercise his right of retraction by any means and in particular by post or e-mail expressing his will to retract without any ambiguity, and mentioning the order concerned by this retraction.
To exercise his right of withdrawal, in accordance with the legal provisions, the Customer will find enclosed the standard withdrawal form to be sent to the Vendor by post at the following address: Lexilight, Thomas Watt Lighting Pro, 20 rue d'Isly, 35000, Rennes, France or by e-mail at firstname.lastname@example.org.
Once the form or the declaration of withdrawal has been sent to the Vendor within 30 days of receipt of the order, the Customer must return the product(s) concerned to the Vendor at the following address Atelier du Courrier, 13 rue des Rougeries, 35400 St Malo within 30 days of sending the form or declaration of withdrawal.
Returns of the Products must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be re-marketed in new condition, and, if possible, accompanied by a copy of the purchase invoice for optimum management. In case of depreciation of the product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the product, the Customer may be held liable. The shipping costs will be charged to the Customer.
In accordance with the regulations in force, the right of withdrawal may not be exercised for audio, video or computer software recordings unsealed by the Customer, goods made to the Customer's specifications or customized and goods unsealed by the Customer and which cannot be returned for reasons of hygiene or health protection.
In the event of exercising the right of withdrawal, the Seller shall refund the sums paid (including delivery costs) within 14 days from the date on which the Seller is informed of the decision to withdraw and using the same means of payment as that used for the order (unless express agreement has been made for a refund using another means of payment). This refund date may be postponed until the product has been recovered or until the Customer has provided proof of shipment of the product, whichever comes first. The Seller shall not be obliged to reimburse additional costs if the Customer has expressly chosen a more expensive method of delivery than the standard method of delivery proposed by the Seller.
Article 13 - Customer service
The customer service of the site is accessible from Monday to Friday, from 9am to 12pm and from 2pm to 5pm, by phone at 09 69 32 22 68 or by email at the following address email@example.com, or by mail addressed to Lexilight, 20 rue d'Isly, 35000, Rennes, France. Any complaint must be addressed to the customer service, by email or by mail to the addresses specified above.
Article 14 - Warranties for defects and hidden defects
Customers have a legal guarantee of correct delivery (Article 1604 of the Civil Code), a legal guarantee against hidden defects (Articles 1641 et seq. of the Civil Code) and a security guarantee (Articles 1245 et seq. of the Civil Code). Customers having the status of consumers have a legal guarantee of conformity (Articles L. 217-1 et seq. of the Consumer Code).
In order to implement the guarantee, the Customer must notify Customer Service at the following e-mail address firstname.lastname@example.org and return the product to the following address Atelier du Courrier, 13 rue des Rougeries, 35400 St Malo, accompanied by an explanatory letter requesting either repair, exchange or refund of the Products, within a maximum period of 2 years from the date of delivery.
Article 15 - Contractual guarantee
In addition to the legal warranties, the Seller undertakes to replace the Products, at no additional cost, for a period of 2 years from the date of purchase if the Products prove not to work. In order to implement this guarantee, the Customer must return the Product to the following address Atelier du Courrier, 13 rue des Rougeries, 35400 St Malo.
Article 16 - Responsibility of the Seller
The Seller shall use the necessary care and diligence to supply and deliver Products that comply with the specifications of these General Conditions of Sale and Use.
The Seller shall not be held liable for any damage resulting from improper use of the Products ordered.
The Vendor may not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses on the Site.
The Vendor declares that he has taken out an insurance policy with a reputable and solvent insurance company covering any damage for which it may be responsible or which may be the result of a product defect in the United States, Canada, the United Kingdom, Switzerland and the European Union.
Except in cases of force majeure as defined in Article 19 hereof, the Customer may terminate the contract by registered letter with acknowledgement of receipt or any other durable medium if the delivery date of the Products is exceeded by more than 15 days. The Customer will then be refunded the price of the order.
Article 18 - Termination of the contract
If the Customer does not comply with any of its obligations, in particular its payment obligation, the Seller shall be entitled to terminate the contract, at any time and without compensation, eight days after formal notice with acknowledgement of receipt has remained without effect. In the event of termination, the sums already paid shall remain the property of the Vendor.
Article 19 - Force majeure
Contractual deadlines may be extended for any cause that has made it impossible for the Seller to fulfil its obligations, in particular in the event of force majeure (an external, unforeseeable and irresistible event beyond the Seller's reasonable control).
Initially, cases of force majeure will suspend the obligations of the contract after receipt of a registered letter from either party with acknowledgement of receipt.
If the cases of force majeure last longer than 2 months, the sale may be terminated by either party by registered letter with acknowledgement of receipt.
Article 20 - Nullity of the contract
The nullity of one of the clauses of the present contract shall not entail the nullity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the cancelled stipulation by a valid stipulation corresponding to the spirit and purpose of the present contract.
The present General Conditions of Sale and Use express the full and entire will of the parties, and the absence of exercise by the Vendor of the rights granted to him/her by the present conditions may in no case be interpreted as a renunciation to assert the said rights.
Article 21 - Data processing and freedom
Article 22 - Unfair terms
These General Terms and Conditions of Sale and Use apply subject to compliance with the mandatory provisions of the Consumer Code relating to unfair terms in contracts concluded between professionals and consumers.
Article 23 - Intellectual Property
The contents of the Site, trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Vendor. No transfer of intellectual property rights is made through the present General Conditions of Sale and Use of the Site. Any total or partial reproduction, modification or use for any reason whatsoever, without the Vendor's prior, express and written authorisation is strictly forbidden.
Article 24- Applicable law and dispute resolution
The contract is drawn up in French and English and is subject to French law.
The parties exclude the application of the Vienna Convention on Contracts for the International Sale of Goods of 11 April 1980. In the event of an order placed by a customer in a State outside the European Union, the parties acknowledge and accept the application of the Hague Convention No. 0.274.132 of 18 March 1970 on the taking of evidence abroad in civil and commercial matters.
For any difficulty, you are invited to contact Lexilight beforehand at the address below:
Lexilight - Thomas Watt Lighting Pro
20 rue d'Isly,
35000 RENNES, France
Email : email@example.com
Under Article L612-1 of the Consumer Code, "every consumer has the right to have recourse, free of charge, to a consumer mediator for the amicable termination of a dispute between him and a professional".
Disputes falling within the scope of Article L612-1 of the Consumer Code are those defined in Article L611-1 of the Consumer Code, namely disputes of a contractual nature, relating to the performance of a contract for the supply of services, between a consumer and a professional. The text covers both national and cross-border disputes.
In accordance with Article L.152-1 of the French Consumer Code, you may have free recourse to the MEDYCYS mediation service, which is available electronically at https://medicys.fr/ or by post: MEDICYS - 73 Bd de Clichy, 75009 Paris.
For cross-border disputes, the competent mediator is the European Consumer Centre France: www.europe-consommateur.eu
The User may be assisted by an adviser, at his own expense.
In the event of a dispute relating to the interpretation, validity or performance of the contract, the Commercial Court of Paris shall remain the sole competent court.