General conditions of sale
These general terms and conditions of sale (the "GTC") apply between the company LUZ SARL with capital of thirteen thousand four hundred and fifty Euros (€13,450) whose registered office is located at 32 rue Jasmin, 75016 France, registered in the Paris trade and companies register under number 534 407 143 RCS Paris, represented by Miss Claire Mougenot as manager duly authorized for the purposes hereof, Siret number 534 407 143 00013.
Hereinafter referred to as “the Company”,
And
Any natural person having the status of consumer and making a purchase via the website www.luzcollections.com (the “Site”) making a purchase directly from the Company or via a dedicated platform to come.
Hereinafter referred to as “the Buyer”.
These General Terms and Conditions aim to define the terms and conditions relating to sales in general and to distance selling between the Company and the Buyer of the order, to payment and to delivery.
These General Terms and Conditions govern all the steps necessary for placing the order and ensure the monitoring of this order between the contracting parties.
The placing of an order by a Buyer, whether on the Site www.Luzcollections.com published by the Company or directly with the Company by signing the order form, implies that the Buyer has previously read the General Terms and Conditions and implies unreserved acceptance of the provisions of these General Terms and Conditions.
I- CONFORMITY AND AVAILABILITY OF PRODUCTS
The products offered for sale by the Company are those appearing on the Site on the day the Buyer consults the Site or in the catalogues presented to Buyers.
The products offered for sale on the Site or in catalogs are subject to availability of stock.
In the event of an error regarding the availability of an ordered product, the Company will inform the Buyer by e-mail or by letter 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 and obtaining a refund if applicable.
The descriptions of the products for sale on the site are given for information purposes only. Similarly, the photographs may differ slightly from reality, in particular due to the configuration of the display parameters of the computer used.
II- ORDER
The Buyer may place an order on the Site or directly with the Company if they are a professional, in particular via the dedicated platform to come.
Any order constitutes express and irrevocable acceptance by the Buyer of the prices and descriptions of the products available for sale, as well as these General Terms and Conditions.
Order on the Site:
After validation of the order, the Company sends the Buyer a confirmation email to the email address indicated during the order. The invoice is sent to the email address indicated during the order.
Art 1127-2 Civil Code: "The contract is only validly concluded if the recipient of the offer has had the opportunity to check the details of his order and its total price and to correct any errors before confirming it to express his final acceptance.
The offerer must acknowledge receipt without undue delay, by electronic means, of the order sent to him.
The order, the confirmation of acceptance of the offer and the acknowledgement of receipt are considered received when the parties to whom they are addressed can have access to them.
The Company reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous or current order.
The Company also reserves the right to refuse any order for legitimate reasons and in particular in the case where the quantities ordered are abnormally high compared to the quantities usually ordered by buyers as consumers.
The Buyer can consult the status of his order at any time on the Site and have the original invoices for his orders which are attached to the packages.
Any modification of the order by the Buyer after confirmation of the order is subject to acceptance by the Company.
The Company will only bear the risks weighing on the products until their delivery to the address indicated by the Buyer when ordering.
III- RESERVATION OF OWNERSHIP CLAUSE
The products subject to the order, WHATEVER THE manner, remain the property of the Company until full payment of the price by the Buyer, even in the event that a payment period is granted.
IV-PRIZE
L.221-13 of the Consumer Code: "The professional provides the consumer, on a durable medium, within a reasonable period of time, after the conclusion of the contract and at the latest at the time of delivery of the goods or before the start of the performance of the service, confirmation of the contract including all the information provided for in Article L.221-5 unless the professional has already provided them to him, on a durable medium, before the conclusion of the contract. The contract is accompanied by the standard withdrawal form mentioned in 2° of the same article."
The prices of the products indicated on the site are in euros, all taxes included and do not include the contribution to delivery costs, the amount of which is specified before the final validation of the order by the Customer.
In the event of an obvious pricing error, which may in particular be due to a technical problem, Luz Collections reserves the right not to accept the order.
The products remain the full property of Luz Collections until full payment of the price.
When an order has been placed with a promotional code offering a discount linked to the simultaneous purchase of a predetermined number of items, the return of one or more items by the Customer may have the effect of ending the discount, when the number of items necessary for the application of this discount is no longer reached. The refund made to the Customer will take into account, where applicable, the fact that the discount is no longer applicable and the difference will therefore be charged to the amount refunded to the Customer for the returned items.
V- PAYMENT AND PAYMENT SECURITY
Payment for the order is made by credit card, PayPal, transfer or check.
Regarding payment by bank card, only cards bearing the "CB" symbol, cards bearing the "VISA", "EUROCARD" or "MASTERCARD" brand accepted in France, or cards issued within the framework of international networks, approved by the Economic Interest Group (GIE) Bank Cards are accepted.
In application of the provisions of article L. 132-2 of the Monetary and Financial Code, the commitment to pay
given by means of a payment card is irrevocable. By communicating the information relating to his bank card, the Buyer authorizes the Company to debit his bank card for the amount corresponding to the price of the order. In the event that the debit of the price of the order is impossible, the online sale would be immediately resolved by operation of law and the order would consequently be canceled.
Validation of the order using the bank card number and the expiry date constitutes a mandate to pay the price of said order.
In case of payment by check, it must be issued in Euros by a bank domiciled in France or in Dollars by an authorized bank. The check is cashed upon receipt.
The Buyer must make it payable to LUZ SARL and send it to the following address: 7 rue Guichard 75016 Paris.
In case of payment by transfer, the order will only be processed upon receipt of the transfer.
Attached are the bank details:
Confidential data relating to the means of payment are not accessible by the Company, but managed directly by the security service.
The Buyer guarantees to the Company that he has any authorizations that may be necessary to use the payment method chosen by him when confirming his order.
VI- DELIVERY
Art. 1218 of the Civil Code: "there is force majeure in contractual matters when an event beyond the control of the debtor, which could reasonably have been foreseen at the time of conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from fulfilling his obligation.
If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract is terminated automatically and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1."
The products available on the Site or in the catalogues can be delivered in France, Europe and the rest of the world under certain financial conditions referred to above.
When ordering, the Customer must choose the delivery method offered on the e-boutique site:
- Colissimo or Mondial Relay
- Courier delivery exclusively for Paris
- Pick up in store Luz Collections 7 rue Guichard 75116 Paris
Delivery costs are calculated based on the delivery address provided by the customer and vary depending on the geographic area.
Delivery is free in France for purchases over €150.
Orders on the Site:
The products ordered on the Site are sent to the delivery address indicated by the Buyer, specifying any accessibility restrictions (building, floor, digital code, etc.) when placing the order. In the event of delivery to a collective address (offices, etc.), the Buyer acknowledges that the Company's obligation with regard to the delivery of the products ordered ends with the actual delivery to the place of said collective address indicated when placing the order, even if the shipment is not received by the final recipient but by a third party.
Participation in the costs of logistics preparation and shipping is inclusive of VAT. All deliveries are announced by email.
The maximum delivery time begins to run from the order of the product on the Site in full payment. This period will be specified on the order verification page without it being able to exceed thirty (30) working days from the confirmation of the order on the Site.
ARTICLE 7: AVAILABILITY
In the event that the product ordered is unavailable, the Company will inform the Buyer by sending an e-mail to the e-mail address provided when ordering.
The Buyer then has the option of either being delivered a product of equivalent quality and price, within the limit of available stocks, or of being reimbursed for the price of the order within thirty (30) days following payment of the order.
VIII- RETURN
When an order has been placed on the Site, from the date of receipt of the order, the Buyer has a period of fourteen (14) days to return a product.
The returned product must be intact and accompanied by the completed return slip.
Any product that is damaged, incomplete or has been worn will not be refunded.
All products purchased during a sale or outlet will not be refunded but will be exchanged or a credit (valid for 6 months on our site) will be issued.
IX- RIGHT OF WITHDRAWAL
When an order has been placed on the Site, the Buyer has a withdrawal period of fourteen (14) clear days, from receipt of the products to exercise his right of withdrawal (the postmark being proof) without having to provide reasons or pay penalties, with the exception, where applicable, of return costs.
If the period of fourteen (14) days expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
To do this, the Buyer must complete the attached withdrawal form.
Any withdrawal of an order must be notified by any means and in particular:
- Either by telephone on 01 45 24 38 77
- Either by using the standard withdrawal form below or by completing the withdrawal form available in the Customer account, "My orders" section. Your withdrawal form should be sent by email to the address: contact-boutique@luzcollections.com or by post: Boutique Luz Collections, 7 rue Guichard 75016 Paris, France.
In the event of exercising the right of withdrawal, the Company will reimburse the Buyer for all sums paid, as soon as possible and at the latest within fourteen (14) days following the date on which the Buyer exercised his right of withdrawal.
Withdrawal form:
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of Luz Collections, 7 rue Guichard 75016 Paris, Monday to Saturday from 10 a.m. to 7 p.m., 01 45 24 38 77 contact-boutique@luzcollections.com:
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):
Date :
X- GUARANTEES AND LIABILITY
All products presented on the Site, in the catalogues and supplied by the Company benefit from the legal guarantee of conformity in application of the provisions of articles L.211-4 to L.211.14 of the Consumer Code as well as the legal guarantee of hidden defects provided for in articles 1641 to 1649 of the Civil Code as reproduced below, provided that use has been normal and that the maintenance advice has been followed.
In the event of delivery of a non-compliant product or in the event of delivery of a product revealing a hidden defect, the Company undertakes either to reimburse the Buyer 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.
Article 1218 of the Civil Code: "there is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing his obligation.
If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract is terminated automatically and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1."
Article L.217-4
The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
It is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed under its responsibility by the contract or has been carried out under its responsibility.
Article L.217-5
The property 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 the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
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.
Article L.217-7
Any lack of conformity which appears within twenty-four months from delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller may challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity claimed.
Article L.217-8
The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect originates in the materials that he himself supplied.
Article L.217-9
In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate compared to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.
Article L.217-10
If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.
The same faculty is open to him:
1° If the solution requested, proposed or agreed pursuant to Article L.217-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be achieved without major inconvenience for the latter taking into account the nature of the property and the use that he is seeking.
However, the sale cannot be cancelled if the lack of conformity is minor.
Article L.217-11
The application of the provisions of Articles L.217-9 and L.217-10 takes place without any cost to the buyer.
These same provisions do not prevent the allocation of damages.
Article L.217-12
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L.217-13
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized by law.
Article L.217-14
The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, according to the principles of the civil code.
Article 1641
The seller is liable for the warranty against hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
Article 1642
The seller is not liable for apparent defects of which the buyer was able to convince himself.
Article 1642-1
The seller of a building to be constructed cannot be discharged, either before acceptance of the works or before the expiry of a period of one month after the purchaser takes possession, from construction defects or lack of conformity then apparent.
There will be no reason to terminate the contract or reduce the price if the seller undertakes to repair.
Article 1643
He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.
Article 1644
In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded, as will be arbitrated by experts.
Article 1645
If the seller knew of the defects in the item, he is liable, in addition to the restitution of the price he received for it, for all damages and interest to the buyer.
Article 1646
If the seller was unaware of the defects in the item, he will only be required to return the price and reimburse the purchaser for the costs incurred by the sale.
Article 1646-1
The seller of a building to be constructed is bound, from the acceptance of the works, by the obligations for which architects, contractors and other persons linked to the project owner by a work rental contract are themselves bound under Articles 1792, 1792-1, 1792-2 and 1792-3 of this Code.
These guarantees benefit the successive owners of the building.
There will be no reason to cancel the sale or reduce the price if the seller undertakes to repair the damages defined in Articles 1792, 1792-1 and 1792-2 of this Code and to assume the guarantee provided for in Article 1792-3.
Article 1647
If the thing which had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and the other compensation explained in the two preceding articles.
But the loss occurring by fortuitous event will be for the account of the buyer.
Article 1648
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity.
Article 1649
It does not take place in sales made by authority of justice.
The products offered comply with current French legislation and the standards applicable in France. The Company cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is the Buyer's responsibility to check with the local authorities the possibilities of importing or using the products that the Buyer plans to order.
The Company cannot be held liable for any inconvenience or damage relating to the use of the Internet, such as a breakdown in service, the presence of computer viruses or external intrusions and, more generally, any cases deemed to be force majeure or acts of third parties by the French courts.
Hypertext links may refer to sites other than the Site www.Luzcollections.com, the Company disclaims all liability in the event that the content of these sites contravenes the legal and regulatory provisions in force.
The Company shall not be held liable for any indirect damages that may arise from the purchase of the products. Similarly, LUZ SARL shall not be held liable under the obligations of these General Terms and Conditions in the event of the occurrence of a force majeure event as defined by the case law of the French courts pursuant to the provisions of Article 1148 of the Civil Code.
XI- PROTECTION OF PERSONAL DATA
As part of the operation of the Site, the Company may collect personal data. This data will be processed in accordance with the purposes provided for at the time of collection.
The Site and the processing of personal data resulting from it are the subject of a declaration to the National Commission for Information Technology and Civil Liberties under number 1684578 v.0.
It is recalled that the person whose personal data is processed benefits from the rights of access, rectification and opposition to the processing of his personal data.
These rights may be exercised, in accordance with the law of January 6, 1978, as amended by the law of August 6, 2004, by simple request by email to the address www.Luzcollections.com or by paper mail to the address LUZ SARL 7 rue Guichard 75016 Paris, providing proof of identity and a legitimate reason.
XII-RESPONSIBILITY
The Company shall not be held liable under any circumstances in the event of non-performance or poor performance of contractual services attributable to the Buyer, in particular when entering the order.
The Company shall not be held liable, or considered to have failed to comply with these General Terms and Conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts in application of the provisions of Article 1148 of the Civil Code.
XIII- INTELLECTUAL PROPERTY
All elements of the Site and catalogs, including texts, graphics, logos, icons, images, illustrations, audio or video clips, brands, software, etc., including the underlying technologies used, appearing on the Site www.Luzcollections.com, are necessarily protected by copyright, trademark law and all other intellectual property rights.
They are the exclusive property of the Company.
Any reproduction or use of copies used for any purpose other than strictly private is strictly prohibited in accordance with the laws governing intellectual property.
XIV- APPLICABLE LAW AND COMPETENT JURISDICTIONS
The interpretation and execution of these General Terms and Conditions and all acts resulting therefrom are subject exclusively to French law.
In the event of a dispute, the Buyer undertakes to contact the Company as a priority in order to attempt to amicably resolve any dispute that may arise between the parties.
In the absence of a conventional procedure or any other alternative method of dispute resolution, the French courts will have sole jurisdiction.
XV- Customer Service
The Company is at your disposal for any questions or information: contact-boutique@luzcollections.com.
XVI- LANGUAGE
These General Terms and Conditions are written in French. The translation of these General Terms and Conditions into English is carried out for the sole purpose of facilitating their understanding by the greatest number of people.
In the event of a contradiction between the French text and the English text, the text written in French shall prevail.
XVII- GENERAL PROVISIONS
The fact that the Company or the Buyer has not required the application of any clause of these General Terms and Conditions, whether permanently or temporarily, may not under any circumstances be considered as a waiver of said clause.
If any of the provisions of these General Terms and Conditions should be null and void with regard to a legislative or regulatory provision in force and/or a court decision having the force of res judicata, it will be deemed unwritten but will in no way affect the validity of the other clauses which will remain fully applicable.
In this case, the parties will come together to agree on a new provision to replace the one declared null and void, it being understood that the new provision must respect as much as possible the spirit and economic impact on the parties of the replaced provision.
XVIII-MEDIATION
In accordance with the provisions of the Consumer Code concerning “the process of mediation of consumer disputes”, the Customer has the right to use a mediation service free of charge.
Electronic link to the online dispute resolution (ODR) platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
The Knitwear and Lingerie Federation has signed a framework agreement with the mediation organization MEDICYS allowing its members to arbitrate disputes out of court. This mediation organization can be contacted:
- Electronically: www.medicys.fr
- By post: MEDICYS - Mediation and amicable settlement center for bailiffs - 73, Boulevard de Clichy, 75009 Paris
The dispute can only be examined by the consumer mediator when:
a) The Customer justifies having previously attempted to resolve his dispute directly with the Seller by means of a written complaint;
b) The Customer submitted his request to the mediator within a period of less than one year from his written complaint to the Seller.
The request must not be manifestly unfounded or abusive. Finally, if the dispute has already been examined or is currently being examined by another mediator or by a court, or if it does not fall within his/her field of competence, the mediator must reject the Client's request. In the event that his/her request is not admissible, the Client will be informed by the mediator of the rejection of his/her request for mediation, within three weeks of receipt of his/her file.