General conditions of sale
These general terms and conditions of sale (the “GTC”) apply between the company LUZ SARL with a capital of thirteen thousand four hundred and fifty Euros (€13,450) whose registered office is located at 32 rue Jasmin, 75016 France, registered with the Paris Trade and Companies Register under number 534 407 143 RCS Paris, represented by Miss Claire Mougenot in her capacity 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 distance selling between the Company and the Buyer of the order, payment and 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.
Placing an order by a Buyer, whether on the website 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 Terms and Conditions and implies unreserved acceptance of the provisions of these Terms and Conditions.
I- PRODUCT CONFORMITY AND AVAILABILITY
The products offered for sale by the Company are those appearing on the Site on the day the Buyer consults the Site or on the catalogues presented to Buyers.
Products offered for sale on the Site or in catalogues are subject to availability.
In the event of an error regarding the availability of an ordered product, the Company will inform the Buyer by email or letter as soon as possible. The Buyer will have the option of replacing the product with another of equivalent quality and price, or cancelling the order and receiving a refund where applicable.
Product descriptions on this website are for informational purposes only. Similarly, photographs may differ slightly from the actual product, particularly due to variations in computer display settings.
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 Website:
After the order is validated, the Company sends the Buyer a confirmation email to the email address provided during the ordering process. The invoice is sent to the same email address provided during the ordering process.
Article 1127-2 of the Civil Code: "The contract is validly concluded only 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 offeror must acknowledge receipt of the order sent to him without undue delay, electronically.
The order, the confirmation of acceptance of the offer, and the acknowledgment of receipt are considered received when the parties to whom they are addressed can access them.
The Company reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to payment for a previous or current order.
The Company also reserves the right to refuse any order for legitimate reasons and more particularly in the case where the quantities ordered are abnormally high compared to the quantities usually ordered by buyers as consumers.
The Buyer can check the status of their order on the Site at any time and have access to the original invoices for their orders, which are included in the packages.
Any order modification by the Buyer after order confirmation is subject to acceptance by the Company.
The Company will only bear the risks associated with the products until they are delivered to the address indicated by the Buyer when placing their order.
III- RESERVATION OF OWNERSHIP CLAUSE
The products ordered, regardless of the method of delivery, remain the property of the Company until full payment of the price by the Buyer, even if a payment period is granted.
IV-PRIZE
Article L.221-13 of the Consumer Code: "The professional shall provide the consumer, on a durable medium, within a reasonable 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, with confirmation of the contract including all the information provided for in Article L.221-5 unless the professional has already provided it to the consumer, on a durable medium, before the conclusion of the contract. The contract shall be accompanied by the standard withdrawal form mentioned in point 2° of the same article."
The prices of the products indicated on the site are in euros, inclusive of all taxes 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 a clear pricing error, which may be due to a technical problem, Luz Collections reserves the right to refuse the order.
The products remain the sole property of Luz Collections until full payment of the price.
When an order has been placed using 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 result in the cancellation of the discount, as the required number of items for the discount to apply is no longer met. The refund issued to the Customer will take into account, where applicable, the fact that the discount is no longer valid, and the difference will therefore be deducted from the amount refunded to the Customer for the returned items.
V- PAYMENT AND PAYMENT SECURITY
Payment for the order can be made by credit card, PayPal, or bank transfer.
Regarding payment by bank card, only cards bearing the "CB" logo, 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) Cartes Bancaires, are accepted.
Pursuant to the provisions of Article L. 132-2 of the Monetary and Financial Code, the commitment to pay
Payment made by credit card is irrevocable. By providing their credit card information, the Buyer authorizes the Company to debit their card for the amount corresponding to the order price. If the order price cannot be debited, the online sale will be automatically terminated and the order will consequently be cancelled.
Validating the order using the bank card number and expiry date constitutes authorization to pay the price of said order.
In the case of payment by bank transfer, the order will only be processed upon receipt of the transfer.
Confidential data relating to the means of payment is not accessible by the Company, but is managed directly by the security service.
The Buyer guarantees to the Company that he/she has the necessary authorizations to use the payment method chosen by him/her when validating his/her order.
VI- DELIVERY
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 the conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the performance of his obligation by the debtor.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract is automatically terminated and the parties are released from their obligations under the conditions set forth in Articles 1351 and 1351-1.
Products available on the Site or in catalogues can be delivered to France, Europe and the rest of the world under certain financial conditions mentioned above.
At the time of ordering, the Customer must choose the delivery method offered on the e-shop website:
- Colissimo or Mondial Relay
- Courier delivery exclusively for Paris
- In-store pickup at 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 geographical area.
Free delivery is offered in France for orders over €150.
Orders on the Site:
Products ordered on the Site are sent to the delivery address provided by the Buyer, clearly specifying any accessibility restrictions (building, floor, access code, etc.) when placing the order. In the case of delivery to a shared address (offices, etc.), the Buyer acknowledges that the Company's obligation regarding the delivery of the ordered products ends upon actual delivery to the shared address indicated when the order was placed, even if the shipment is not received by the final recipient but by a third party.
The contribution to logistics preparation and shipping costs is inclusive of VAT. All deliveries are announced by email.
The maximum delivery time begins once the product order on the Site has been fully paid for. This timeframe will be specified on the order confirmation page and may not exceed thirty (30) business days from the order confirmation date on the Site.
Orders placed via Click & Collect must be collected in store within 60 days of notification that the product is available.
The customer is informed that after this period, and in the absence of collection despite reminders made by the seller, the order will be considered as not collected due to the customer.
In this case, LUZ COLLECTIONS reserves the right to:
- To cancel the order,
- and to offer a credit note corresponding to the amount of the order, valid for 6 months, on the entire site and in store.
No cash refund will be issued when the failure to collect the order is attributable to the customer.
ARTICLE 7: AVAILABILITY
In the event that the ordered product is unavailable, the Company will inform the Buyer by sending an email to the email address provided during the order.
The Buyer then has the option of either receiving a product of equivalent quality and price, subject to available stock, or being reimbursed for the price of the order within thirty (30) days of payment of the order.
VIII- RETURN
When an order has been placed on the Site, from the date of receipt of his order, the Buyer has a period of fourteen (14) days to return a product.
The returned product must be undamaged and accompanied by the completed return slip.
Any product that is damaged, incomplete or has been worn will not be refunded.
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 the receipt of the products, to exercise his right of withdrawal (the postmark being proof) without having to justify reasons or pay penalties, with the exception, where applicable, of return costs.
If the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
The Buyer must therefore complete the attached withdrawal form.
Any order cancellation must be notified by any means, including:
- Either by telephone at 01 45 24 38 77
- Either by using the standard withdrawal form below or by completing the withdrawal form available in the Customer account, under "My orders", Your withdrawal form should be sent by email to: contact@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 shall 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.)
To the attention of Luz Collections, 7 rue Guichard 75016 Paris, Monday to Saturday from 10am to 7pm, 01 45 24 38 77 contact@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):
Consumer address(es):
Signature of the consumer(s) (only if this form is submitted 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 accordance with the provisions of Articles L.211-4 to L.211.14 of the Consumer Code as well as the legal guarantee against hidden defects provided for in Articles 1641 to 1649 of the Civil Code as reproduced below, provided that the use has been normal and that the maintenance advice has been followed.
In the event of delivery of a non-conforming 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 another identical one depending on available stock, or to exchange it for a product of equivalent quality and price depending on available stock.
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 the conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the performance of his obligation by the debtor.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract is automatically terminated and the parties are released from their obligations under the conditions set forth in Articles 1351 and 1351-1.
Article L.217-4
The seller delivers goods that conform to the contract and is liable for any defects in conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his supervision.
Article L.217-5
The property conforms to the contract:
1° If it is suitable for the purpose usually expected of similar goods and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- if it possesses the qualities that a buyer can legitimately expect, having regard to the public statements made by the seller, the producer or their representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special purpose 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 of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise.
For second-hand goods, this period is set at six months.
The seller can contest this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L.217-8
The buyer has the right to demand that the goods conform to the contract. However, they cannot contest conformity by invoking a defect that they knew of or could not have been unaware of when they entered into the contract. The same applies when the defect originates from materials that they themselves 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 refuse to proceed according to the buyer's choice if that choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. In that case, the seller is obligated to proceed, unless impossible, according to the option 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 receive a full refund or keep the goods and receive a partial refund.
The same option is available to him:
1° If the solution requested, proposed or agreed upon pursuant to Article L.217-9 cannot be implemented within one month of the buyer's claim;
2° Or if this solution cannot be implemented without major inconvenience to the latter, taking into account the nature of the property and the use he seeks.
However, the sale cannot be rescinded if the non-conformity is minor.
Article L.217-11
The application of the provisions of articles L.217-9 and L.217-10 takes place at no cost to the buyer.
These same provisions do not preclude the awarding of damages.
Article L.217-12
The action resulting from the lack of conformity is time-barred after 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 provided for in 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 right of recourse may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code.
Article 1641
The seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them.
Article 1642
The seller is not liable for apparent defects which the buyer could have discovered for himself.
Article 1642-1
The seller of a building under construction cannot be released from liability for construction defects or non-conformities that are apparent at the time, either before the acceptance of the works or before the expiry of a period of one month after the purchaser takes possession.
There will be no grounds for termination of the contract or reduction of the price if the seller undertakes to repair.
Article 1643
He is liable for hidden defects, even if he did not know about them, unless, in that case, he stipulated that he would not be bound by any guarantee.
Article 1644
In the case of articles 1641 and 1643, the buyer has the choice of returning the item and receiving a refund of the price, or keeping the item and receiving a partial refund of the price, as determined by experts.
Article 1645
If the seller knew of the defects in the item, he is liable, in addition to refunding the price he received, for all damages and interest owed to the buyer.
Article 1646
If the seller was unaware of the defects in the item, he will only be required to refund the price and reimburse the buyer for the costs incurred by the sale.
Article 1646-1
The seller of a building to be constructed is bound, from the date of acceptance of the works, by the obligations which architects, contractors and other persons bound to the owner by a contract for services are themselves bound by under Articles 1792, 1792-1, 1792-2 and 1792-3 of this Code.
These guarantees benefit successive owners of the building.
There will be no grounds for rescinding the sale or reducing 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 defective item perished due to its poor quality, the loss is borne by the seller, who will be liable to the buyer for the refund of the price and the other compensation explained in the two preceding articles.
But any loss occurring due to unforeseen circumstances will be borne by the buyer.
Article 1648
The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, under penalty of forfeiture, within one year of the date on which the seller can be discharged from the apparent defects or non-conformities.
Article 1649
It does not take place in sales made by judicial authority.
The products offered comply with current French legislation and applicable standards in France. The Company cannot be held liable for non-compliance with the legislation of the country where the product is delivered. It is the Buyer's responsibility to check with local authorities regarding the import or use of the products they intend to order.
The Company cannot be held liable for any inconvenience or damage related to the use of the internet, including but not limited to service interruptions, the presence of computer viruses or external intrusions, and more generally any event deemed to be force majeure or caused by third parties by French courts.
Hyperlinks may lead to sites other than the www.luzcollections.com website; the Company disclaims all responsibility in the event that the content of these sites violates applicable laws and regulations.
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 liable for any obligations under these Terms and Conditions in the event of force majeure as defined by French case law pursuant to Article 1148 of the French Civil Code.
XI- PROTECTION OF PERSONAL DATA
In the course of operating the Site, the Company may collect personal data. This data will be processed in accordance with the purposes specified 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 Freedoms under number 1684578 v.0.
It is recalled that the person whose personal data is processed has the right to access, rectify and object to the processing of their personal data.
These rights can be exercised, in accordance with the law of 6 January 1978, as amended by the law of 6 August 2004, by simple request by email to contact@luzcollections.com or by mail to 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 for non-performance or improper performance of contractual services attributable to the Buyer, particularly during the order entry process.
The Company shall not be held liable, or considered to have failed in these Terms and Conditions, for any delay or failure to perform, when the cause of the delay or failure to perform is related to a case of force majeure as defined by the jurisprudence 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 catalogues, including texts, graphics, logos, icons, images, illustrations, audio or video clips, trademarks, software, etc., including the underlying technologies used, appearing on the www.Luzcollections.com website, 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 formally prohibited in accordance with intellectual property laws.
XIV- APPLICABLE LAW AND COMPETENT JURISDICTION
The interpretation and execution of these General Terms and Conditions, as well as all acts that result therefrom, are subject exclusively to French law.
In the event of a dispute, the Buyer agrees to contact the Company first in order to try to resolve amicably any disagreement that may arise between the parties.
In the absence of conventional procedure or any other alternative dispute resolution method, the French courts shall have sole jurisdiction.
XV- Customer Service
The Company is at your disposal for any questions or information: contact@luzcollections.com.
XVI- LANGUAGE
These Terms and Conditions are written in French. The translation of these Terms and Conditions into English is provided solely for the purpose of facilitating their understanding by the widest possible audience.
In case of 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, shall in no case be considered as a waiver of said clause.
If any provision of these General Terms and Conditions is found to be invalid under any applicable law or regulation and/or by a final court decision, it shall be deemed unwritten but shall not affect the validity of the other clauses which shall 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 should respect as far as possible the spirit and the economic impact on the parties of the replaced provision.
XVIII-MEDIATION
In accordance with the provisions of the Consumer Code concerning "the mediation process for consumer disputes", the Client 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=FR
The French Knitwear and Lingerie Federation has signed a framework agreement with the mediation organization MEDICYS, allowing its members to resolve disputes out of court. This mediation organization can be contacted:
- Electronically: www.medicys.fr
- By mail: 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 their dispute directly with the Seller through a written complaint;
b) The Customer submitted their request to the mediator within a period of less than one year from their written complaint to the Seller.
The request must not be manifestly unfounded or abusive. Furthermore, if the dispute has already been examined or is currently being examined by another mediator or a court, or if it falls outside the mediator's jurisdiction, the mediator must reject the Client's request. If the request is deemed inadmissible, the Client will be informed by the mediator of the rejection of their mediation request within three weeks of receiving their file.