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Legal Notice

Date of last update: [July 2, 2023]

Legal Notices

Article 1 – LEGAL NOTICES

This site, accessible at the URL ambienceluminaire.com (the “Site”), is published by:

The company Neo KYMA owns the site https://ambianceluminaire.com with capital of 1000 euros, registered in the R.VS.SParis B under number 900 236 829, whose head office is located 9 RUE ANATOLE DE LA FORGE 75017 PARIS

represented by Hurpin Etienne duly authorized,

(Hereinafter referred to as the “Operator”).

The Operator’s individual VAT number is: FR27900236829

lighting ambiance.com is hosted by Godaddy, headquartered at 14455 N. Hayden Rd., Ste. 226 Scottsdale, AZ 85260 USA 85260 Scottsdale.

The Director of publication of the Site is HURPIN ETIENNE. The Operator can be reached at the following telephone number 0756846945 at the following email address info@ambianceluminaire.com

Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS

The general conditions of sale (the “General Conditions of Sale ”, or the “CGV”) are applicable exclusively to the online sale of products offered by the Operator on the Website.

The General Terms and Conditions are made available to customers on the Site where they can be directly consulted and can also be communicated to them on simple request by any means.

The General Conditions of Sale are enforceable against the customer who acknowledges, by checking a box or clicking on the button provided for this purpose, having been aware of them and having accepted them before placing an order. Validation of the order by its confirmation constitutes acceptance by the buyer of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by the Operator.

Article 3 – PRODUCT DESCRIPTION

The Site is an online lighting sales site (hereinafter the “Product(s)”) open to any natural or legal person using the Site (the “Customer”).

The Products presented on the Site are each the subject of a description (established by the supplier or accessible on the manufacturer's site via a link on the Site) mentioning their essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document. The instructions for use of the Product, if it is an essential element, appear on the Site or are sent at the latest upon delivery. The Products comply with the requirements of current French law.

The Customer remains responsible for the terms and consequences of his access to the Site, particularly via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain the responsibility of the user. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site.

The Customer acknowledges having verified that the computer configuration it uses is secure and in working order.

Article 4 – CREATION OF THE CUSTOMER AREA

To place an order on the Site, the Customer must first create their personal customer area. Once created, to access it, the Customer must identify themselves using their username and secret, personal and confidential password. It is up to the Customer not to communicate his username and password in accordance with the provisions of the PERSONAL DATA article of these General Conditions. Each Client undertakes to maintain strict confidentiality regarding data, in particular username and password, allowing them to access their customer area, the Client acknowledging that they are solely responsible for access to the Service through their username and password, unless fraud is proven. Each Customer further undertakes to inform the Operator without delay in the event of a loss, misappropriation or fraudulent use of their identifier and/or password.

After creating their personal customer area, the Customer will receive an email confirming the creation of their customer area.

The Customer undertakes when registering to:

  • deliver real, accurate, up-to-date information at the time of entry into the service registration form, and in particular not to use false names or addresses, or even names or addresses without being there allowed.
  • keep registration data up to date in order to permanently guarantee its real, accurate and up-to-date nature.

The Client further undertakes not to make available or distribute illicit or objectionable information (such as defamatory information or information constituting identity theft) or even harmful information (such as viruses). Otherwise, the Operator will be able to suspend or terminate the Customer's access to the Site at its sole discretion.

Article 5 – ORDERS

The Operator strives to guarantee optimal availability of its Products. Product offers are valid while stocks last.

If despite the best efforts of the Operator, a Product proves to be unavailable after the Customer's order, the Operator will inform the Customer by email as soon as possible and the Customer will have the choice between:

  • delivery of a Product of a quality and price equivalent to that initially ordered, or

  • the reimbursement of the price of the Product ordered at the latest within thirty (30) days of payment of the amounts already paid.

It is agreed that apart from the reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to him.

With the exception of any contrary notice appearing in these General Conditions and without prejudice to the right of withdrawal provided for by applicable law, the Customer's orders are firm and final.

{Paragraphes ci-dessous à compléter/ajuster en fonction des spécificités du processus de commande du Site}

When placing an order, the Customer must select the chosen Products, add them to their basket, indicating the selected Products and the desired quantities. The Customer has the possibility to check the details of his order and its total price, and to return to previous pages to possibly correct the contents of his basket, before validating it.

The Customer undertakes to read the General Conditions of Sale then in force before accepting them and confirming the terms and possible delivery and withdrawal costs prior to payment of their order. Confirmation of the order entails acceptance of the General Terms and Conditions and forms the contract.

A copy of these General Conditions as accepted by the Customer will be sent to the Customer by e-mail at the time of confirmation of their Order so that the latter can refer to them.

The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery . The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is made available to the Customer in the “my account” area. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.

Any email sent to the Customer as part of an order will be sent to the email address that the Customer uses to identify himself in his customer area.

The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that:

  • The Customer does not respect the General Conditions in force at the time of his order;
  • The Customer's order history shows that sums remain due for previous orders;
  • One of the Customer's previous orders is the subject of a dispute currently being processed;
  • The Customer did not respond to a request for confirmation of his order that the Operator sent to him.

The Operator archives Product sales contracts in accordance with applicable legislation. By making a request to the following address info@ambianceluminaire.com the Operator will provide the Customer with a copy of the contract subject to the request.

Any modification of the order by the Customer after confirmation of his order is subject to the agreement of the Operator.

The information communicated by the Customer when placing the order (in particular name and delivery address) is binding on the Customer. Thus, the Operator cannot be held liable in any way in the event that an error when placing the order prevents or delays delivery/delivery.

The Customer declares that he has full legal capacity allowing him to commit to these General Conditions.

Registration is open to capable adults and minors on condition that they intervene under the supervision of the parent or guardian having parental authority. Under no circumstances is registration authorized on behalf of third parties unless you are validly authorized to represent them (legal entity for example). Registration is strictly personal to each Client.

In the event of failure by the Customer to comply with one of the provisions hereof, the Operator reserves the right to terminate said Customer's account without notice.

Article 6 – PAYMENT TERMS AND SECURITY

The Customer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires the payment of a price in exchange for the supply of the Product ordered.

In any event, the Operator reserves the right to check the validity of the payment, before shipping the order, by all necessary means.

The Operator uses the online payment solution [Online payment solution].

Orders can be paid using one of the following payment methods:

  • Payment by credit card. Payment is made directly on the secure banking servers of the Operator's bank, the Customer's bank details do not pass through the Site. The bank details communicated during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these contact details are not accessible to third parties.
  • Paypal

The Customer's order is recorded and validated upon acceptance of payment by the bank.

The Customer's account will be debited for the corresponding amount only when (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.

The inability to debit the amounts due will result in the immediate nullity of the sale.

The bank card may in particular be refused if it has expired, if it has reached the maximum spending amount to which the Customer is entitled or if the data entered is incorrect.

  • Payment by transfer. The Customer can pay for their order by bank transfer. When ordering, the Operator will communicate the details of the account to which to make the transfer, as well as the order reference to be indicated in the transfer order. Orders are processed within 48 hours maximum following receipt of the transfer.

Where applicable, the order validated by the Customer will only be considered effective when the secure bank payment center has given its agreement to the transaction.

As part of the control procedures, the Operator may have to ask the Customer for all the documents necessary to finalize their order. These parts will not be used for any purpose other than these.

Article 7 – PAYMENT OF THE PRICE

The price of the Products in effect at the time of the order is indicated in euros, all taxes included (TTC), excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the period of advertising for the promotion.

The price is payable in euros (€) exclusively. The price is due in full after confirmation of the order. The prices offered include discounts and rebates that the Operator may grant.

If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before validation of the order by the Customer. The total amount owed by the Customer and its details are indicated on the order confirmation page.

Article 8 – FORMATION OF THE CONTRACT

The contract between the Operator and the Customer is formed when the Customer sends the confirmation of his order.

The Customer's attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places his order he must confirm it by the “double-click” technique, that is to say that after having selected Products added to the basket, the Customer must check and possibly correct the content of his basket (identification, quantity of products selected, price, terms and delivery costs) before validating it by clicking on “I validate my delivery”, then he acknowledges accepting these T&Cs before clicking on the “I pay” button, finally he validates his order after having filled in his bank details. The “double click” constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes irrevocable and unreserved acceptance of the order by the Customer.

The archiving of communications, purchase orders and invoices is ensured by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, purchase orders and invoices may be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitutes proof of all transactions between the Operator and its Customers.

The order can be resolved by the Customer by registered letter with acknowledgment of receipt or by writing on another durable medium in the event of:

  • delivery of a Product that does not conform to the declared characteristics of the Product;
  • delivery exceeding the deadline set in the order form or, in the absence of such a date, within thirty (30) days following the conclusion of the contract, after the Operator has been ordered, according to the same terms and without result, to make delivery within a reasonable additional time;
  • an increase in price which is not justified by a technical modification of the product imposed by the public authorities.

In all these cases, the Customer may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.

The order can be resolved by the Operator in the event of:

  • of the buyer's refusal to take delivery;
  • non-payment of the price (or the balance of the price) at the time of delivery.

Article 9 – RESERVATION OF OWNERSHIP

The Operator remains the exclusive owner of the Products ordered on the Site until receipt of the full price, including any shipping costs.

Article 10 – SHIPPING AND DELIVERY

We use LaPoste, Colissimo, to deliver our packages in mainland France.
Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered according to the terms and deadlines specified above.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a calling card in the mailbox, which will allow the package to be collected at the appropriate time and place indicated.
If at the time of delivery, the original packaging is damaged, torn or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery slip). delivery, damaged package, broken products.)
This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the legal notices of the site.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made outside this deadline cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions.)

The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.

Delivery means the transfer to the Customer of physical possession or control of the Product.

The Operator offers you different delivery or delivery methods depending on the nature of the product:

Delivery is free for mainland France, the United States, Canada, Australia, and New Zealand for purchases over €50. Below €50, delivery amounts to €4.9 including tax.

For Switzerland, Belgium, Canada, Luxembourg and Andorra, standard delivery amounts to €4.9 including tax.

Shipping costs are those specified when finalizing the order and are accepted by validation of the order.

The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum period of thirty (30) days after receipt of the order.

Delivery times are announced in working days on the Site when ordering. These deadlines include the preparation and shipping of the order as well as the deadline provided by the carrier.

The Operator undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and at basket level, provided that payment for the order has not been previously refused.

However, if one or more Products cannot be delivered within the time initially announced, the Operator will send an email informing the Customer of the new delivery date.

The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to him to check that this address does not contain any errors. The Operator cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.

On delivery, you may be asked to sign a receipt.

No delivery will be made to a PO box.

Upon delivery, it is the Customer's responsibility to check that the Products delivered comply with their order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery slip. No complaint about the quantity or condition of the Product will be accepted if the complaint has not been included on the delivery slip.

Article 11 – RIGHT OF WITHDRAWAL

If a Product delivered does not give complete satisfaction to the Customer, the latter may return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order.

In accordance with article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of articles L. 221-18 et seq. of the Consumer Code, the Customer is invited to complete the standard withdrawal form by clicking on the link below: https://www.ambianceluminaire.com/pages/livraison-retour

The Operator will send an acknowledgment of receipt of the Customer's withdrawal request by e-mail.

If applicable, the Customer may exercise his right of withdrawal by notifying the following information to the Operator:

  • name, geographic address, telephone number and email address;
  • decision of withdrawal by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail as long as these contact details are available and therefore appear on the standard form of withdrawal). The Customer can use the model withdrawal form but this is not obligatory.

Here are the details of our returns policy:

  1. Return period: You have a period of 14 days from receipt of your order to inform us of your intention to return a product. After this period, we will not be able to accept returns.

  2. Eligible Products: All lighting-related products, such as lamps, fixtures and related accessories, are eligible for return, except for personalized products or products marked as non-returnable for reasons of hygiene or safety.

  3. Returns process: To initiate the return, please contact us by telephone at +33 7 56 84 69 45 or by email at the following email address by providing the following information: order number, product name, reason for return and your contact details. We will provide you with specific return instructions and return address.

  4. Return costs: Return costs are the responsibility of the customer, except in the event of a defective product or an error on our part during shipping. We recommend using a trackable shipping service to ensure the security of the return. Unless the good cannot normally be returned by post, in which case the Operator will recover the Product at its own expense.

  5. Refund: Once we have received the returned product and verified its condition, we will refund the full amount of the purchase, including the initial delivery costs, within a reasonable time. The refund will be made according to the payment method used during the initial purchase

The exceptions of article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, particularly if the order consists of a contract:

  • provision of services fully executed before the end of the withdrawal period and the execution of which has begun after express prior agreement of the consumer and express waiver of his right of withdrawal;
  • supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
  • supply of goods made to the consumer's specifications or clearly personalized;
  • supply of goods likely to deteriorate or expire quickly;
  • supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
  • supply of goods which, after having been delivered and by their nature, are mixed inseparably with other articles;
  • supply of alcoholic beverages whose delivery is deferred beyond thirty (30) days and whose value agreed upon at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional;
  • maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
  • supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
  • supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
  • concluded at a public auction;
  • provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a date or at a specific period;
  • the supply of digital content not provided on a physical medium whose execution has begun after express prior agreement of the consumer and express waiver of his right of withdrawal.

The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories.

In addition to the returned Product, the return package must also contain a letter specifying the exact and complete contact details (surname, first name, address) of the Customer as well as the order number, and the original purchase invoice.

The Operator will reimburse the Customer for the amount of the Product within fourteen (14) days of receipt of the Product and all the elements enabling the Customer to be reimbursed. This reimbursement may be made by the same means of payment as that used for the Customer. As such, the Customer who paid for his order in the form of credits / gift vouchers may be reimbursed by credits / gift vouchers according to the wishes of the Operator.

By accepting these General Conditions of Sale, the Customer expressly acknowledges having been informed of the withdrawal terms.

Article 12 – CUSTOMER SERVICE

The Customer can contact the Operator:

  • at the following number +33 7 56 84 69 45 Monday to Friday, 9 a.m. to 6 p.m.
  • by email to info@ambianceluminaire.com indicating their name, telephone number, the subject of their request and the number of the order concerned.

Article 13 – INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE

[If Users cannot publish content on the Site]

The Operator is the sole owner of all elements present on the Site, in particular and without limitation, all texts, files, animated or non-animated images, photographs, videos, logos, drawings, models, software, brands, visual identity, database, structure of the Site and all other intellectual property elements and other data or information (hereinafter, the “ Elements ”) which are protected by law and French and international regulations relating in particular to intellectual property.

Consequently, none of the Elements of the Site may in whole or part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, free of charge or for a fee, by a Client or by a third party, whatever the means and/or media used, whether known or unknown to date, without express prior authorization and written from the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and/or exploitation.

[If Users can publish content on the Site]

The Operator is the sole owner of all elements present on the Site, in particular and without limitation, all texts, files, animated or non-animated images, photographs, videos, logos, drawings, models, software, brands, visual identity, database, structure of the Site and all other intellectual property elements and other data or information (hereinafter, the “Elements ”) which are protected by law and French and international regulations relating in particular to intellectual property.

Consequently, none of the Elements of the Site may in whole or part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, free of charge or for a fee, by a Client or by a third party, whatever the means and/or media used, whether known or unknown to date, without express prior authorization and written from the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and/or exploitation.

Furthermore, it is specified that the Operator is not the owner of the content posted online by Customers, for which the latter remain fully responsible and guarantee the Company against any recourse in this regard. The Clients grant the Operator a non-exclusive transferable, sublicensable, free and worldwide license for the use of the intellectual property content that they publish on the Site, for the entire duration of protection of this content.

The Operator reserves the right to take legal action against persons who have not complied with the prohibitions contained in this article.

ARTICLE 14 – LIABILITY AND GUARANTEE

[If Users cannot publish content on the Site]

The Operator cannot be held responsible for non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or even due to the unforeseeable and insurmountable act of any third party. herein.

The Customer acknowledges that the characteristics and constraints of the Internet do not make it possible to guarantee the security, availability and integrity of data transmissions over the Internet. Therefore, the Operator does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their use may be temporarily interrupted due to maintenance, updates or technical improvements, or to change their content and/or their presentation.

The Operator cannot be held responsible for the use that may be made of the Site and its services by Customers in violation of these General Conditions and for any direct or indirect damage that this use could cause to a Customer or a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and for their behavior towards third parties. In the event that the Operator is held liable for such behavior by one of its Customers, the latter undertakes to guarantee the Operator against any conviction pronounced against it as well as to reimburse the Exploiter of all costs, including attorneys' fees, incurred for his defense.

Independently of any additional contractual guarantee (commercial guarantee) which may be granted, the Products benefit from the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the Consumer Code (in particular L. 217-4 to L. 217-14 of the Consumer Code), and the guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.

When you act within the framework of the legal guarantee of conformity:

  • you benefit from a period of two (2) years from delivery of the goods to act:
  • you can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code;
  • you are exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods (except second-hand goods).

You can decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In this case, you can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.

Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Consumer Code, articles 1641, 1644 and the first paragraph of article 1648 of the Civil Code, as in force on the date of these General Conditions of Sale:

Art. L217-4 of the Consumer Code:

“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. »

Art. L217-5 of the Consumer Code:

“The property complies with the contract:

1° If it is suitable for the use usually expected of similar goods 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 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 the latter has accepted. »

Art. L217-7 of the Consumer Code:

“Defects of conformity which appear within a period of twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.

For goods sold second-hand, this period is set at six months.

The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. »

Art. L217-9 of the Consumer Code:

“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 results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.

Art. L217-12 of the Consumer Code:

“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. »

Art. 1641 of the civil code:

“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 so reduce this use, that the buyer would not have acquired it, or would have given only a lower price, if he had known them. »

Art. 1644 of the civil code:

“In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price returned. price. »

Art. 1648 paragraph 1 of the civil code:

“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »

It is recalled that the search for amicable solutions prior to possible legal action does not interrupt the deadlines for legal guarantees to take effect nor the duration of any possible contractual guarantee.

[If Users can publish content on the Site]

The Operator cannot be held responsible for non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or even due to the unforeseeable and insurmountable act of any third party. herein.

The Operator cannot be held responsible for information imported, stored and/or published on the Site by Customers. The Operator cannot be held responsible for any information published by a Client on the Site and for any direct or indirect damage that this use could cause to a third party, the Client at the origin of the publication remaining solely responsible for this. title.

The Customer acknowledges that the characteristics and constraints of the Internet do not make it possible to guarantee the security, availability and integrity of data transmissions over the Internet. Therefore, the Operator does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their use may be temporarily interrupted due to maintenance, updates or technical improvements, or to change their content and/or their presentation.

The Operator cannot be held responsible for the use that may be made of the Site and its services by Customers in violation of these General Conditions and for any direct or indirect damage that this use could cause to a Customer or a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and for their behavior towards third parties. In the event that the Operator is held liable for such behavior by one of its Customers, the latter undertakes to guarantee the Operator against any conviction pronounced against it as well as to reimburse the Exploiter of all costs, including attorneys' fees, incurred for his defense.

The Client is solely responsible for all the content that he puts online on the Site, for which he expressly declares that he has full rights, and as such guarantees the Operator that he does not post content online that violates third-party rights, particularly intellectual property rights, or constitutes harm to individuals (notably defamation, insults, insults, etc.).), respect for private life, an attack on public order and good morals (in particular, apology for crimes against humanity, incitement to racial hatred, child pornography, etc.) In the event of a violation of the laws in force, of good morals or of these General Conditions, the Operator may automatically exclude Customers who are guilty of such violations and delete information and references to this contentious content. The Operator is qualified as a host with regard to content posted online by third parties. As such, it is recalled that the Operator has no general obligation to monitor the content transmitted or stored via the Site. In the event that the liability of the Operator is sought due to content posted online by the Customer, the latter undertakes to guarantee the Operator against any conviction pronounced against it as well as to reimburse the Operator of all costs, including attorneys' fees, incurred for his defense.

Independently of any additional contractual guarantee (commercial guarantee) which may be granted, the Products benefit from the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the Consumer Code (in particular L. 217-4 to L. 217-14 of the Consumer Code), and the guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.

When you act within the framework of the legal guarantee of conformity:

  • you benefit from a period of two (2) years from delivery of the goods to act:
  • you can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code;
  • you are exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods (except second-hand goods).

You can decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In this case, you can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.

Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Consumer Code, articles 1641, 1644 and the first paragraph of article 1648 of the Civil Code, as in force on the date of these General Conditions:

Art. L217-4 of the Consumer Code:

“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. »

Art. L217-5 of the Consumer Code:

“The property complies with the contract:

1° If it is suitable for the use usually expected of similar goods 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 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 the latter has accepted. »

Art. L217-7 of the Consumer Code:

“Defects of conformity which appear within a period of twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.

For goods sold second-hand, this period is set at six months.

The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. »

Art. L217-9 of the Consumer Code:

“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 results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.

Art. L217-12 of the Consumer Code:

“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. »

Art. 1641 of the civil code:

“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 so reduce this use, that the buyer would not have acquired it, or would have given only a lower price, if he had known them. »

Art. 1644 of the civil code:

“In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price returned. price. »

Art. 1648 paragraph 1 of the civil code:

“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »

It is recalled that the search for amicable solutions prior to possible legal action does not interrupt the deadlines for legal guarantees to take effect nor the duration of any possible contractual guarantee.

ARTICLE 15 – COMMERCIAL GUARANTEE

The commercial guarantee (contractual commitment of the Operator, in addition to its legal obligations relating to the guarantee of conformity of the Products) is the subject of a written contract in accordance with the provisions of articles L. 217-15 et seq. of the Commercial Code, a copy of which is given to the Customer.

ARTICLE 16 – AFTER-SALES SERVICE

The after-sales services provided by the Operator and not covered by the commercial guarantee are the subject of a contract, a copy of which is given to the Customer.

Complaints made under guarantees must be sent to the after-sales service at the following contact details:

  • Email address: info@ambianceluminaire.com
  • Head office: 9 Rue Anatole de la Forge 75017 Paris
  • to the following number +33 7 56 84 69 45 Monday to Friday, 9 a.m. to 6 p.m.

Products covered by the guarantees must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.

We do not accept any returns to the company's head office. Your package will be returned to your address.

Return costs are your responsibility.

Returns are at the customer's risk. The product must be returned in its original packaging, in its original condition, new, unused, unwashed.

ARTICLE 17 – PERSONAL DATA

For more information regarding the use of personal data by the Operator, please carefully read the Privacy Charter (the “Charter "). You can consult this Charter at any time on the Site.

Article 18 – HYPERLINKS

The hypertext links available on the Site may refer to third-party sites not published by the Operator. They are provided solely for the convenience of the Customer, in order to facilitate the use of resources available on the Internet. If the Customer uses these links, he will leave the Site and then agree to use third-party sites at his own risk or, where applicable, in accordance with the conditions which govern them.

The Customer acknowledges that the Operator does not control or contribute in any way to the development of the conditions of use and/or the content applying to or appearing on these third-party sites.

Consequently, the Operator cannot be held responsible in any way whatsoever due to these hypertext links.

In addition, the Customer acknowledges that the Operator cannot endorse, guarantee or take over all or part of the conditions of use and/or the content of these third-party sites.

The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Operator.

The Operator invites the Customer to notify it of any hyperlink present on the Site which would allow access to a third party site offering content contrary to the laws and/or good morals.

The Client may not use and/or insert a hyperlink pointing to the site without the prior written consent of the Operator on a case-by-case basis.

ARTICLE 19 – REFERENCES

The Client authorizes the Operator to mention the Client's name and its logo as a reference in its communication media (brochure, website, commercial proposal, relations with the press, press release, sales file). press, internal communications, etc.)

ARTICLE 20 – GENERAL PROVISIONS

ENTIRE AGREEMENT OF THE PARTIES

These General Conditions constitute a contract governing the relationship between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their subject matter. If one or more stipulations of these General Conditions are declared void in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope. Furthermore, the fact for one of the parties to these General Conditions not to take advantage of a failure by the other party to any of the provisions of these General Conditions cannot be interpreted as a waiver on their part of avail themselves of such a breach in the future.

CHANGES TO THE CONDITIONS

The Operator reserves the right to modify at any time and without notice the content of the Site or the services available there, and/or to temporarily or permanently cease to operate all or part of the Site.

In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Conditions. The Customer is therefore required to refer to these General Conditions before using the Site.

The Customer acknowledges that the Operator cannot be held responsible in any way towards him or any third party as a result of these modifications, suspensions or cessations.

The Operator advises the Customer to save and/or print these General Conditions for safe and long-term storage, and thus be able to invoke them at any time during the execution of the contract if necessary.

CLAIM – MEDIATION

In the event of a dispute, you must first contact the company's customer service at the following contact details: info@ambianceluminaire.com

In the event of failure of the complaint request to customer service or in the absence of a response from this service within ten (10) days, the Customer may submit the dispute relating to the voucher order or these General Conditions opposing the Operator to the following mediator: info@ambianceluminaire.com

The mediator will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.The parties remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

APPLICABLE LAW

These General Conditions are governed, interpreted and applied in accordance with French law.

ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER

The Customer acknowledges having read these General Conditions carefully.

By registering on the Site, the Customer confirms having read the General Conditions and accept them, making him contractually bound by the terms of these General Conditions.

The General Conditions applicable to the Customer are those available on the date of the order, a copy of which dated to date can be given to the Customer upon request, it is therefore specified that any modification of the General Conditions which is made by the Operator will not apply to any order placed previously, unless expressly agreed by the Customer at the origin of a given order.