These general terms and conditions of sale apply between Lumihome, a simplified joint stock company with a capital of 200,000 euros registered in the Evry Trade and Companies Register under number 880 752 266 R.C.S. Evry
Hereinafter referred to as "the Company",
And
Any individual making a purchase via the www.lumihome.com website.
Hereinafter referred to as "the Buyer".
The purpose of the present conditions is to define the terms and conditions of distance selling between the Company and the Buyer, from order to payment and delivery. They regulate all the steps involved in placing an order and ensure the follow-up of the order between the contracting parties.
Placing an order on the Site www.lumihome.com published by Lumihome implies unreserved acceptance of these terms and conditions.
The Buyer declares that he/she is at least 18 years old and has the legal capacity or parental authorization to place an order on the Site.
ARTICLE 1: CONFORMITY AND AVAILABILITY OF PRODUCTS
The products offered for sale by Lumihome are those listed on the Site on the day the Buyer consults the Site.
Products are offered for sale while stocks last. In the event of an error concerning the availability of an ordered product, the Company will inform the Buyer by e-mail as soon as possible. The Buyer will have the option of having the product replaced by another of equivalent quality and price, or of cancelling the order.
The products offered for sale are described and presented as accurately as possible. The Company cannot be held responsible for any errors or omissions in this presentation. The photographs and texts illustrating the products are for guidance only and are not contractually binding.
Lumihome(880 752 266) has been awarded the unique identifier FR040805_05LUIN by the French Environment and Energy Management Agency (ADEME), attesting to its registration with the register of EEE producers, in accordance with Article L.541-10-13 of the French Environment Code. This identifier attests to the company's compliance with its obligation to register with the Register of Producers of Electrical and Electronic Equipment, and to file its declarations of marketing withecosystem."
ARTICLE 2: PRICES
The prices displayed on the Site are indicated in euros, inclusive of all taxes, including VAT, but excluding delivery charges.
If the VAT rate is modified, these changes may be reflected in the price of the articles without the Internet user being informed in advance.
DEEE ECO-CONTRIBUTION: LED LIGHT BULBS AND GARLANDS
All our products are subject to environmental regulations which impose a contribution to the disposal of waste electrical equipment. This contribution is included in the sales prices displayed on our site.
ARTICLE 3: PAYMENT (SECURE PAYMENT)
Payment is made by credit card or Paypal. You can also pay by check or bank transfer (ask for our bank details by e-mail to [email protected]).
Payment by cheque: payable to Société Lumihome
Orders paid by cheque will be processed on receipt of payment, which will be cashed immediately. Availability and dispatch times start from the date of registration of the means of payment.
In the case of payment by Paypal, the buyer may pay for his purchase using the services of Paypal. The confidential data relating to the means of payment are not accessible by the Company, but are managed directly by the Paypal security service.
In accordance with the legislation in force on January 1, 2013, article L.441-6 of the French Commercial Code, a penalty calculated on the basis of three times the legal interest rate in force, as well as a fixed penalty for collection costs of 40 euros, will be payable.
ARTICLE 4: ORDERING
Any order implies the Buyer's express and irrevocable acceptance of the prices and descriptions of the products available for sale, as well as of the present conditions.
Once the order has been validated, the Company sends the Purchaser a confirmation e-mail to the e-mail address indicated during the order process.
ARTICLE 5: SHIPPING & DELIVERY
Shipping is free for orders over €100 to Metropolitan France, excluding Corsica.
For orders to Corsica or any other country, specific charges will apply.
Products ordered are sent to the delivery address indicated by the Buyer when placing the order.
When the product ordered is in stock, Lumihome will process your order and dispatch it within 24 to 48 hours (excluding Saturdays, Sundays, long weekends and public holidays) or in exceptional cases where dispatch is not possible.
Whichever shipment method you choose, we will provide you with a link to track your package online as soon as possible.
Shipping costs include packaging, handling and postage. They may include a fixed part and a variable part depending on the price or weight of your order. We advise you to combine your purchases into a single order. We cannot group two distinct orders placed separately, and shipping fees will apply to each of them. Your package will be dispatched at your own risk, but special care is taken to protect fragile objects.
Packages are oversized and protected.
Lumihome undertakes to deliver within a maximum of 30 days from the date of order. In the event of failure to meet this delivery deadline, if not due to force majeure, the Buyer may cancel the order. The order will then be reimbursed within 14 days.
In the event of failed delivery by the carrier to the customer's home :
Reasons: incomplete address or missing cell phone, customer's absence at delivery time, impossible access for delivery person, etc...
The goods will then be held by the carrier, pending new delivery instructions from the recipient. After 48 hours, and without any news from the recipient, the goods will be returned to Lumihome's premises. Customer service will notify the customer by email. The customer may request a refund* or a new delivery within 48 hours, by e-mail to the following address: [email protected].
*If a new delivery request is made by the customer, a redelivery fee will be charged.
RELAY POINT DELIVERY :
*PLEASE NOTE: Any order not collected within the time limit from a relay point or the absence of the recipient at home, and which is returned to Lumihome will incur costs for the customer
. In fact, carriers charge for returns to the warehouse, so Lumihome will have the right to deduct 8 euros from the amount of the refunded order.
ARTICLE 6: AVAILABILITY
In the event of unavailability of the product ordered, the seller will inform the Buyer by sending an e-mail to the e-mail address indicated when the order was placed. The Buyer then has the option either of being delivered a product of equivalent quality and price, subject to availability, or of being reimbursed the price of the order within thirty days of payment of the order.
ARTICLE 7: RIGHT OF WITHDRAWAL
The Buyer has a period of 30 clear days, from receipt of the products or acceptance of the offer for services, to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception of the cost of returning the goods, which will be at his expense. If the 30-day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
If the right of withdrawal is exercised, the seller will reimburse the Buyer for all sums paid (excluding shipping costs), as soon as possible and at the latest within 14 days of the date on which this right was exercised and on condition of receipt of the returned product.
ARTICLE 8: RETURNS
RETURN A DEFECTIVE ITEM / S.A.V.
In the event of failure of a product ordered within the warranty period, we will repair the product or replace it with the same or equivalent model.
Lumihome will only accept the repair or exchange of a defective product if the product has not been modified and/or disassembled, and has been correctly installed and used by the customer. If this is not the case, Lumihome will refuse to accept any claim.
If a product sold on the site requires additional accessories to operate (transformers, wiring, controllers, etc.), these must have been purchased on our site or be of the same brand as the defective product. Otherwise, we will not exchange, repair or refund the product.
Before returning the defective product, the customer must first contact Lumihome's customer service department by e-mail at : [email protected].
Once the request has been validated, the customer may send the product(s), correctly packaged and protected, to the following address:
Lumihome - SAV return - 4 rue Sébastienne Guyot Marcoussis-FRANCE
Please note: the customer is responsible for all return shipping costs. Lumihome will bear the cost of returning the repaired or exchanged product.
- RETURN OF A PRODUCT THAT DOES NOT COMPLY WITH YOUR REQUEST
It is possible that an error has occurred in your order, despite all the care we take in its preparation. You have 30 days following receipt of your order to inform us of your wish to return it.
In the event of an error on our part, we will cover the cost of returning your order to our warehouse.
Items returned incomplete, damaged, deteriorated or soiled by the customer will not be reimbursed.
- RETURN OF A PRODUCT FOLLOWING A CHANGE OF MIND/WITHDRAWAL
In accordance with the law, the customer has 30 clear days to change his or her mind. To return the product(s) concerned, the customer must contact customer service before the end of the withdrawal period. Once the request has been validated, the customer may return the product in perfect condition, in its original packaging and also in perfect condition, so that the product(s) can be resold, In the event of non-compliance with these conditions : Lumihome reserves the right to deduct 5 euros per damaged package (adhesive tape, marking, torn, etc.) from the refund to be made to the customer. And no refund will be made for any product returned damaged or used.
Please note: all return costs are to be paid by the customer.
ARTICLE 9: GUARANTEES AND LIABILITY
Lumihome is liable for defects in conformity existing at the time of delivery of the product. Lumihome is also liable for defects in conformity resulting from packaging, assembly instructions or installation (where Lumihome is responsible for installation under the terms of the contract or for installation carried out under its responsibility).
In the event of delivery of a non-conforming product or in the event of delivery of a product revealing a hidden defect, the Lumihome Company undertakes either to reimburse the Purchaser for the price of the product, or to exchange the product for an identical one depending on available stocks, or to exchange it for a product of equivalent quality and price depending on available stocks.
Action for lack of conformity must be brought within two years of delivery of the goods. Actions arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
These provisions are not exclusive of the right of withdrawal defined in article 8 hereof.
Products modified, repaired, integrated or added by the Buyer or any other person not authorized by the supplier of said product or service are excluded from warranty. The warranty does not cover visible defects. The warranty will not cover products or services damaged in transit or by misuse.
The warranty and after-sales service do not apply to the cost of services involving the removal and re-installation of equipment installed on site, or to shipping costs.
Solar range: warranty does not apply consumables (interchangeable batteries and bulbs)
Lumihome shall not be held liable in the event of failure to meet its contractual obligations due to an act of God or force majeure, as defined by case law.
ARTICLE 10: PERSONAL DATA
The Company undertakes to respect the confidentiality of personal data communicated by the Buyer on the Site and to process them in compliance with the French Data Protection Act of January 6, 1978.
In accordance with the French Data Protection Act of January 6, 1978, the Buyer may exercise his or her right of access to the file, his or her right of opposition and his or her right to rectify or delete information concerning him or her by sending a request by e-mail to the address [email protected] or by post to the following address: 4 rue sébastienne Guyot 91460 Marcoussis.
ARTICLE 11: INTELLECTUAL PROPERTY
All elements of the Site are protected by copyright, trademarks or patents. They are the exclusive property of the Company. ARTICLE 12: APPLICABLE LAW AND JURISDICTION
These general terms and conditions of sale are governed by and construed in accordance with French law. In the event of a dispute, the Buyer undertakes to contact the Company as a matter of priority in order to attempt to resolve amicably any dispute that may arise between the parties.
Failing conciliation, the French courts shall have sole jurisdiction.
ARTICLE 12: MODIFICATIONS TO THE GENERAL TERMS AND CONDITIONS OF SALE
Lumihome reserves the right to adapt or modify these terms and conditions of sale at any time. In the event of modification, the general sales conditions in force on the day of the order will be applied to each order.
ARTICLE 13: FIXED COMPENSATION FOR COLLECTION COSTS
Decree no. 2012-1115 of October 2, 2012, which applies Law no. 2012-387 of March 22, 2012 on simplifying the law and reducing administrative procedures, transposing European Directive no. 2011/7/EU of February 16, 2011 on combating late payment in transactions, stipulates that any professional in a situation of late payment is now liable to the creditor for a flat-rate indemnity of €40 for collection costs, in addition to late payment indemnities.