Terms and conditions of sale

1 . Scope of application

These General Terms and Conditions of Sale express all contractual rights and obligations governing the relationship between Leblanc Illuminations, under the Leblanc illuminations brand via the Leblanc illuminations site (hereinafter referred to as "the site"), and any adult wishing to purchase products on the Leblanc illuminations site (hereinafter referred to as "the customer").

The "customer" declares that he/she is legally capable of entering into this contract, the General Terms and Conditions of Sale of which are set out below, i.e. that he/she is of legal age and not under guardianship or curatorship.

These terms and conditions apply to all purchases and deliveries made in mainland France, and are always available on the site before any order is placed and at the time the order is registered.

They apply to the exclusion of all other conditions. All other conditions emanating from the "customer", provided they are not in contradiction with the present ones, will only be valid if they have been accepted by Leblanc illuminations, in a prior and express manner.

They are written in French in their original version, which alone is authentic and prevails over any other version.

Any order placed on the Leblanc illuminations website implies the unreserved reading and acceptance by the "customer" of the General Terms and Conditions of Sale. Consequently, placing an order implies the "customer's" full and unreserved acceptance of these Conditions.

Leblanc illuminations reserves the right to modify its General Terms and Conditions of Sale at any time and will make a downloadable version available. The General Conditions in force will be those posted on the site on the day the order is placed.

The fact of not exercising, at any time, a prerogative recognized by the present Conditions, or of not requiring the execution of any stipulation of any agreement resulting from the said Conditions, may in no case be interpreted, either as a modification of the contract, or as an express or tacit renunciation of the right to exercise the said prerogative in the future, or of the right to require the scrupulous execution of the commitments entered into herein.

 

2 . Product information

Each product is presented on the site in as much detail as possible, with visuals, videos and technical specifications. Visuals and videos are non-contractual.

The products delivered conform to the photos on the Leblanc illuminations site. However, Leblanc illuminations cannot be held responsible for the inaccuracy of the photos in the event of color differences (differences that may appear depending on the type of Internet browsing software and the type of computer screen used by the "customer").

Each product will be delivered with assembly instructions in dedicated packaging.

 

3 . Prices and terms of payment

The prices applicable to products are those in force on the day they are ordered on the site.

Sales prices are quoted exclusive of VAT in euros (€) and do not include additional delivery, transport or postage costs, which will be specified when the order is placed.

Leblanc illuminations reserves the right to modify its prices at any time, but undertakes to apply the prices displayed at the time of ordering.

Only customers with credit insurance cover may benefit from a payment term of 60 days net, date of invoice (don't forget to indicate your SlRET number).

Unless otherwise stipulated, our invoices are payable by LCR (please enclose a bank statement with the order form).

In the event of authorized outstanding amounts being exceeded, payment must be made in cash when the order is placed. Payments may be made by bank or postal cheque if the amount is less than 1500.00 euros, otherwise by bank cheque or bank transfer.

Non-payment of any of our securities on the due date shall render the balance of all outstanding accounts immediately payable. It authorizes Leblanc illuminations SAS to postpone all new deliveries and to debit the purchaser with an agio on the sums due, calculated at a late payment interest rate deducted at the legal rate and per full month. To this late payment interest may be added a late payment penalty, not to be confused with it, deducted at one and a half times the legal interest rate.

Any professional in default of payment is automatically liable to pay us a fixed indemnity of 40 euros for collection costs.

The purchaser shall refrain from using a claim against Leblanc Illuminations SAS as grounds for deferring payment of a due date in whole or in part, or for providing compensation.

All disputes shall be submitted to the Commercial Court of Le Mans, notwithstanding any jurisdictional clauses to the contrary.

Taxes and contributions

Prices are displayed according to the VAT rate in force at the time of ordering.

Any change in the VAT rate will be applied with a direct repercussion on the products.

Prices are displayed according to the amount of environmental tax in force at the time of the order.

Any change in the amount of environmental tax (upwards or downwards) will be applied directly to the products.

Any new tax or legal contribution that may be created will be reflected in the selling prices of the products.

 

4 . Orders

The "customer" who wishes to make a purchase on the Leblanc illuminations site must comply with the following conditions and steps:

• Create or already have a "customer" account with all the information required for delivery and invoicing of the products ordered on the site;
• Log in to your customer account;
• Fill the shopping basket, validate the order and payment method, as well as the delivery address and method. Once the order has been completed, the "customer" can check the status of the order on a summary screen. If necessary, they can modify their order;
• Accept without reservation by clicking on the "I accept the present General Terms and Conditions of Sale" tab;
• Pay in accordance with the terms and conditions by clicking on the "Pay my order" tab.

Once the order has been registered and payment validated, no cancellation will be possible without the express agreement of Leblanc illuminations, subject to the legal right of withdrawal provided for in article 7 of these Conditions.

An acknowledgement of receipt confirming the order will be sent by e-mail to the "customer", marking the existence of a contract between the "customer" and Leblanc illuminations.

This acknowledgement of receipt details the order, specifying the exact amount invoiced, the terms of delivery of the order and refers to the present Conditions. By keeping and/or printing this acknowledgement of receipt, the "customer" holds proof of his/her order, which Leblanc illuminations recommends that he/she keep.

This acknowledgement of receipt confirms that the "customer's" order has been taken into account by Leblanc illuminations and not that the product(s) ordered is (are) available.

Leblanc illuminations undertakes to honour online orders only within the limits of available stocks.

In the event of unavailability, Leblanc illuminations undertakes to inform the "customer" as soon as possible by e-mail or telephone and to propose, which the "customer" already accepts without reservation, either a new deadline for receipt of the product, or a replacement product, or cancellation of the order. In the event of cancellation, the "customer" will be reimbursed by cheque within 15 days of the reimbursement request.

The "customer" can follow the various stages of his/her order in "My Account" at any time.

Any order placed by the "customer" implies acceptance of the prices and description of the products seen on the Leblanc illuminations website.

Any dispute will take place within the framework of a possible exchange or refund under the conditions described below.

Leblanc illuminations reserves the right to refuse any new order for an unresolved dispute with the "customer" related to a previous order.

 

5 . Payment and invoicing

Payment may be made by cheque, money order or account.

No bank details will be saved by Leblanc illuminations.

The final validation and online payment of the order by the "customer" are equivalent to the handwritten signature referred to in article 1341 of the French Civil Code and to the conclusion of a contract in electronic form within the meaning of articles 1639-1 et seq. of the French Civil Code.

No order will be processed unless payment has been validated in full by our bank.

Leblanc illuminations reserves the right to block any order in the event of refusal to authorize payment.

Invoices will be issued for each order and can be viewed and downloaded from "My Account".

 

6 . Delivery

Once payment has been validated in full by the bank, the order will be processed and delivered to the delivery address entered by the "customer" when placing an order on the site.

The areas covered for deliveries are metropolitan France. Outside this area, please contact our export department on 02 43 61 40 57.

Deliveries will be made by carrier to the address entered when the order was placed.

A delivery note summarizing the entire order will be attached to the delivery.

Delivery times

Delivery times are indicated on the site when the "customer" places and registers his order. They may vary depending on the availability of the products ordered.

Delivery times are given in working days and correspond to the average preparation and dispatch times for the "customer's" order.

Delivery times run from the date of order confirmation by Leblanc illuminations.

Delivery address error

Any parcel returned to Leblanc illuminations following an erroneous delivery address on the part of the "customer" will be reshipped at the expense of the "customer".

When placing an order in "My account", the "customer" will have the choice to differentiate his delivery address from his billing address.

Non-delivery or late delivery of the parcel

For any delay in delivery of more than 7 days in relation to the scheduled delivery date or in the event of non-delivery of the parcel, the "customer" must contact Leblanc illuminations either by telephone or via the "Contact" section of the site.

In this case, Leblanc illuminations will propose a new delivery date for the parcel, in particular by re-sending the products, at no additional cost to the "customer".

In any event, in accordance with legal provisions, in the event of late delivery, the "customer" has the right to cancel the order under the terms and conditions defined in article L 138-2 of the French Consumer Code. In this case, if the "customer" has received the product after cancelling the order, Leblanc illuminations will reimburse the product and the "outward" costs in accordance with article L 138-3 of the French Consumer Code.

Package non-conformity on delivery

If, upon delivery, the "customer" notes that the package is damaged, torn or open, the "customer" must check the condition of the products and must imperatively issue a refusal to receive the package, specifying the reason for the refusal on the delivery slip signed by him/her (e.g.: missing or damaged products), or issue any reservations to this effect on the delivery slip.

The "customer" must then confirm his refusal or his reservations to the carrier by registered mail at the latest within three working days, not including public holidays, following receipt of the items and by e-mail to sav@leblanc-illuminations.com or by post to Leblanc Illuminations - Leblanc illuminations, 6-8 avenue Michaël Faraday, 72027 Le Mans cedex 2, specifying the number of the order concerned.

For any parcel refused by the "customer" for a justified reason and returned to Leblanc illuminations, the "customer" will be reimbursed, including delivery costs, or the same order will be readdressed at no extra cost.

Failure to file a claim within the aforementioned time limit shall extinguish any action against the carrier in accordance with article L. 133-3 of the French Commercial Code..

In general, the "customer" must ensure that the products delivered to him correspond to his order. In the event of non-conformity of the goods, in particular in kind or in quality to the specifications mentioned in the delivery note, the "Customer" must immediately inform Leblanc Illuminations by e-mail to sav@leblanc-illuminations.com or by post to Leblanc Illuminations - Leblanc Illuminations, 6-8 avenue Michaël Faraday, 72027 Le Mans cedex 2, specifying the number of the order concerned.

In the event of a proven defect, Leblanc Illuminations will issue a numbered return authorization by e-mail to the "customer". The "customer" must return the non-conforming product in its original packaging, the cost of return being borne by Leblanc illuminations.

Leblanc illuminations will then proceed, at the "customer's" discretion and subject to effective receipt of the returned products, either to reimburse the order or to replace the defective products.

No return of products will be accepted without the prior agreement of Leblanc illuminations.

Force majeure

Any circumstances beyond the control of either party preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the parties' obligations and shall result in their suspension.

The party claiming force majeure must notify the other party for follow-up.

Cases of force majeure include all facts and circumstances over which the parties have no control, such as blockage of means of transport and/or supply, fires, earthquakes, storms, floods, snow, lightning, stoppage of or difficulties with telecommunication networks external to the parties.

The parties will work together to find the most suitable solution for the execution of the contract.

In the event of force majeure lasting more than 3 months, the contract under the present terms and conditions may be terminated by the injured party.

 

7 . Right of withdrawal

In accordance with the provisions of the French Consumer Code, the "customer" acting as a consumer has a statutory period of 14 days from the date of receipt of the order to withdraw, using the withdrawal form provided on the site or any unambiguous statement to this effect addressed to Leblanc illuminations, and return any item without having to give reasons for his decision (article L.121-21 of the French Consumer Code).

For the withdrawal period to be respected, the "customer" must communicate his decision to withdraw before the expiry of the 14-day period indicated above.

Leblanc illuminations will then immediately send an acknowledgement of receipt to the "customer" by e-mail, which can be consulted in "My account".

Return and refund procedure

In the event of retraction, the "customer" must return the products to Leblanc illuminations no later than 14 days following communication of his/her decision to retract (article L 121-21-3 al. 1 of the French Consumer Code).

Products must be returned by the "customer" at his/her expense in their original packaging, complete and intact and in perfect condition for resale, by registered Colissimo to the following address: Leblanc illuminations, 6-8 avenue Michaël Faraday, 72027 Le Mans cedex 2.

The "customer" will be liable for any product received damaged and/or the packaging deteriorated, and in general for any depreciation of the returned products.

This right of withdrawal is without penalty, with the exception of the cost of return, which is the sole responsibility of the "customer".

In the event of withdrawal, Leblanc illuminations must reimburse the "customer" in full, including delivery costs, within 14 days of the date on which Leblanc illuminations is informed of the "customer's" wish to withdraw.

The reimbursement must be made by the same means of payment as the one used by the "customer" on the site at the time of his/her retracted order. For example, Leblanc illuminations will reimburse customers who have paid for their order with a gift voucher in the form of a credit note.

In accordance with article L.121-21-4 of the French Consumer Code, Leblanc illuminations reserves the right to defer the reimbursement of products until the full recovery of the products mentioned in the withdrawal form, or until the "customer" has provided proof of shipment of the goods concerned, whichever comes first.

 

8 . Warranty

8.1 Legal warranties

In accordance with the provisions of articles L.211-4 et seq. of the French Consumer Code, and articles 1641 et seq. of the French Civil Code, the "customer" benefits from the following legal warranties:

Warranty of conformity

Article L. 211-4 of the French Consumer Code

"The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility."

In this context, in accordance with article L.211-9 of the French Consumer Code, in the event of a product's lack of conformity, the "customer" may choose between repairing or replacing the product in question. However, if the customer's choice entails a cost that is manifestly disproportionate to the other method, given the value of the product or the extent of the defect, Leblanc illuminations may refuse the customer's choice and decide to proceed according to the method not chosen by the customer.

Warranty against hidden defects

Article 1641 of the French Civil Code:

"The seller is bound by the warranty for hidden defects in the item sold which render it unfit for the use for which it was intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would only have paid a lesser price for it, if he had known of them".

8.2 Commercial warranty

Notwithstanding the legal warranties from which the "customer" benefits, reconditioned decorations and second-hand products supplied by Leblanc illuminations on the site are covered by a commercial warranty of one year from delivery to the customer. For new decorations and products, the warranty is two years.

8.3 Exclusion of warranty and liability by Leblanc illuminations

In any event, Leblanc illuminations disclaims all warranties and liability for any defects in the products or for any damage caused to the "customer" or to a third party, due to use of the Products that does not comply with good practice and/or its intended purpose, and/or their instructions for use.

Furthermore, Leblanc illuminations makes every effort to ensure, to the best of its ability, that the information published on the site is accurate and up-to-date, and reserves the right to modify it at any time and without notice. However, it cannot guarantee the accuracy, precision or completeness of the information on the site. Consequently, it declines all responsibility for any imprecision, inaccuracy or omission in the information available, as well as all responsibility for damage resulting from fraudulent intrusion by a third party leading to modification of the information contained on the site. Use of and browsing on the site are the sole responsibility of the "customer". Leblanc illuminations declines all responsibility for any damage resulting from fraudulent intrusion by a third party.

 

9 . Disposal of electrical products

We would like to remind you that electrical products must be disposed of at the waste collection center and not in the normal household waste.

 

10 . Protection of personal data

When creating a customer account and registering an order on the site, the "customer" is asked to provide personal information: e.g. surname, first name, address, date of birth, e-mail address, etc...

The purpose of collecting personal data is to enable Leblanc illuminations to process the "customer's" orders on the site and to enable the "customer" to create a personal account on the site. The information thus provided is essential for the proper delivery of products ordered on the site.

The computer processing of personal data was declared to the CNIL on 20/09/2016 under number 1992526.

In accordance with the French Data Protection Act of January 6, 1978, Leblanc illuminations reserves the right to automate the data collected from customers.

In accordance with this law, the "customer" has the right to access, rectify and delete data concerning him or her.

The "customer" may at any time modify and/or delete the details concerning him/her in "My account", or by sending an e-mail to Leblanc illuminations at the following address: sav@leblanc-illuminations.com, or by sending a letter to Leblanc illuminations at the following address: Leblanc Illuminations, 6-8 avenue Michaël Faraday, 72027 Le Mans cedex 2.

By the same means, the "customer" may also refuse the transmission by Leblanc illuminations of the personal data thus collected to any third party, in particular Leblanc illuminations' commercial partners.

It is understood that this data may be transmitted to subcontractors of Leblanc illuminations directly involved in the execution of the order.

Leblanc illuminations may send the "customer" prospecting e-mails intended to inform him/her about its products and offers, which the "customer" accepts. It is possible for the "customer" to refuse to receive these e-mails by sending a request in this sense by the means indicated above, which are also recalled in the e-mails sent by Leblanc illuminations.

 

11 . Intellectual property rights

The Leblanc illuminations brand has been registered with the INPI under number 123923970.

Images, videos and texts are the exclusive intellectual property of Leblanc illuminations.

No person is authorized to reproduce, exploit, alter or distribute in any way whatsoever the elements from the site except for personal use on a private computer.

 

12 . Settlement of disputes

The present General Terms and Conditions of Sale are subject to French law, to the exclusion of any international convention.

In the event of a dispute or claim, the competent courts will be those designated by the rules of civil procedure in force.

Any computerized exchange, as well as the archiving of purchase orders and invoices, between the "customer" and Leblanc illuminations will be kept by Leblanc illuminations and considered as proof in the event of any dispute.