General Terms and Conditions of Sale

Preamble
 These general terms and conditions of sale apply to all sales concluded on the website https://lampesmaison.com/

The website https://lampesmaison.com/ is a service of:

The website https://lampesmaison.com/ markets the following products: products intended for individuals, retail sales.

The customer declares that they have read and accepted the general terms and conditions of sale prior to placing their order. The validation of the order therefore constitutes acceptance of the general terms and conditions of sale.

Article 1 - Principles
 These general terms and conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

These general terms and conditions of sale apply to the exclusion of all other conditions, particularly those applicable to in-store sales or through other distribution and marketing channels.

They are accessible on the website Lampes Maison and will prevail, where applicable, over any other version or any contradictory document.

The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are published online.

If a sales condition were to be lacking, it would be considered governed by the practices in force in the distance selling sector where companies have their headquarters in France.

Article 2 - Content
 These general terms and conditions aim to define the rights and obligations of the parties within the framework of the online sale of goods offered by the seller to the buyer, from the website Lampes Maison.

Article 3 - Pre-contractual Information
 The buyer acknowledges having received, prior to placing their order and concluding the contract, in a readable and understandable manner, these general terms and conditions of sale and all the information listed in article L. 221-5 of the consumer code.

The following information is provided to the buyer in a clear and understandable manner:

  • the essential characteristics of the goods;
  • the price of the goods and/or the method of calculating the price;
  • if applicable, all additional costs for transport, delivery, or postage and any other potential fees due;
  • in the absence of immediate execution of the contract, the date or deadline by which the seller commits to deliver the goods, regardless of their price;

the information relating to the identity of the seller, their postal, telephone, and electronic contact details, and their activities, those relating to legal warranties, the features of the digital content and, where applicable, its interoperability, the existence and the terms of implementation of warranties and other contractual conditions.

Article 4 - The order
The buyer has the option to place their order online, from the online catalog and using the form provided, for any product, within the limits of available stock.

The buyer will be informed of any unavailability of the product or goods ordered.

For the order to be validated, the buyer must accept, by clicking in the indicated place, these general conditions. They must also choose the address and the delivery method, and finally validate the payment method.

The sale will be considered final:

  • after sending the buyer the confirmation of the acceptance of the order by the seller via email;
  • and after the seller has received the full price.

Any order constitutes acceptance of the prices and the description of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, notably default of payment, incorrect address, or other issues with the buyer's account, the seller reserves the right to block the buyer's order until the issue is resolved.

Article 5 - Electronic signature
The online provision of the buyer's credit card number and the final validation of the order will serve as proof of the buyer's agreement:

  • due amounts under the order form;
  • signature and express acceptance of all operations carried out.

Article 6 - Order confirmation
The seller provides the buyer with an order confirmation via email.

Article 7 - Proof of transaction
The computerized records, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders, and payments made between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as evidence.

Article 8 - Product information
The products governed by these general conditions are those listed on the seller's website and indicated as sold and shipped by the seller. They are offered within the limits of available stock.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred regarding this presentation, the seller's liability cannot be engaged.

The photographs of the products are not contractual.

Article 9 - Price
The seller reserves the right to change their prices at any time but commits to applying the current rates indicated at the time of the order, subject to availability on that date.

If one or more taxes or contributions, particularly environmental ones, were to be created or modified, whether increased or decreased, this change could be reflected in the selling price of the products.

Article 10 - Payment method
This is an order with a payment obligation, which means that placing the order implies a payment from the buyer.

To settle their order, the buyer has the choice of all payment methods made available by the seller and listed on the seller's site. The buyer guarantees to the seller that they have any necessary authorizations to use the payment method chosen by them at the time of validating the order form. The seller reserves the right to suspend any order management and delivery in case of refusal of payment authorization by credit card from officially accredited organizations or in case of non-payment. The seller also reserves the right to refuse to make a delivery or honor an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is being administered.

Payment of the price is made in full on the day of the order, according to the following terms:

  • Visa, Mastercard, American Express, Apple Pay, Google Pay

Article 11 - Product availability - Refund - Termination
 Except in cases of force majeure or during periods of closure of the online store that will be clearly announced on the homepage of the site, shipping times will, within the limits of available stock, be those indicated below. Shipping times start from the date of registration of the order indicated in the order confirmation email.

For deliveries in Metropolitan France, the timeframe is 6-9 working days from the day following the day the buyer placed their order, according to the following terms. At the latest, the timeframe will be 30 working days after the conclusion of the contract.

In case of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, instruct the seller to execute it within a reasonable additional timeframe.

In the absence of execution by the expiration of this new deadline, the buyer may freely terminate the contract.

The buyer must carry out these successive formalities by registered letter with acknowledgment of receipt or by a written document on another durable medium.

The contract will be considered resolved upon receipt by the seller of the letter or written notice informing them of this resolution, unless the professional has complied in the meantime.

The buyer may, however, immediately terminate the contract if the dates or deadlines mentioned above constitute an essential condition of the contract for them.

In this case, when the contract is resolved, the seller is obliged to refund the buyer the total amounts paid, no later than 7 days following the date on which the contract was terminated.

In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the choice to request either a refund of the amounts paid within 7 days at the latest from their payment, or an exchange of the product.

Article 12 - Delivery terms
 Delivery means the transfer to the consumer of physical possession or control of the goods. The ordered products are delivered according to the terms and timeframe specified above.

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 resent at the buyer's expense. The buyer may, upon request, obtain the sending of an invoice 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 notice in the mailbox, which will allow the package to be picked up at the indicated place and time.

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 opened or damaged).

The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products...).

This verification is considered to be carried out as soon as the buyer, or a person authorized by him, has signed the delivery note.

The buyer must then confirm by registered mail these reservations to the carrier no later than two working days following the receipt of the item(s) and send a copy of this letter by fax or regular 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 30 days following delivery. Any claim made outside this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, manual...).

Article 13 - Delivery errors
 The buyer must submit to the seller on the same day of delivery or at the latest on the first working day following delivery, any claim for delivery error and/or non-conformity of the products in nature or quality compared to the indications on the order form. Any claim made beyond this deadline will be rejected.

The claim may be made, at the buyer's choice:

Any claim not made in accordance with the rules defined above and within the specified time limits will not be taken into account and releases the seller from any liability towards the buyer.

Upon receipt of the claim, the seller will assign an exchange number for the concerned product(s) and communicate it by e-mail to the buyer. The exchange of a product can only take place after the assignment of the exchange number.

Return shipping costs are the responsibility of the buyer.

Article 14 - Product warranty

14-1 Legal warranty of conformity
 The seller is responsible for the conformity of the goods sold to the contract, allowing the buyer to make a request under the legal warranty of conformity provided for in articles L. 217-3 and following of the Consumer Code.

In case of implementation of the legal warranty of conformity, it is reminded that:

  • The buyer benefits from a period of 2 years from the delivery of the item to take action;
  • The buyer can choose between the repair or replacement of the item, subject to the cost conditions provided for in article L. 217-17 of the consumer code;
  • The buyer does not have to provide proof of the non-conformity of the item during the 24 months in the case of new goods (12 months in the case of second-hand goods), following the delivery of the item.

14-2 Legal warranty for hidden defects
 In accordance with articles 1641 and following of the civil code, the seller is liable for hidden defects that may affect the sold item. It will be the buyer's responsibility to prove that the defects existed at the time of the sale of the item and are of a nature to render the item unfit for the use for which it is intended. This warranty must be implemented within a period of two years from the discovery of the defect.

The buyer can choose between the resolution of the sale or a price reduction in accordance with article 1644 of the civil code.

Commercial Warranty

The products sold are also covered by a commercial warranty aimed at ensuring their conformity and ensuring the refund of the purchase price, the replacement or repair of the goods. It does not cover defects caused by abnormal or faulty use or resulting from a cause external to the intrinsic qualities of the products.

Article 15 - Force majeure
 All circumstances independent of the will of the parties preventing the execution of their obligations under normal conditions are considered as causes for exemption from the obligations of the parties and result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.

All facts or irresistible circumstances, external to the parties, unpredictable, unavoidable, independent of the will of the parties, and which cannot be prevented by them, despite all reasonably possible efforts, will be considered as cases of force majeure. Specifically, the following are considered as cases of force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of French courts and tribunals: blockage of transport or supply means, earthquakes, fires, storms, floods, lightning, interruption of telecommunication networks, or difficulties specific to telecommunication networks external to the clients.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will continue. If the force majeure lasts more than three months, these general conditions may be terminated by the aggrieved party.

Article 16 - Intellectual property
 The content of the website remains the property of the seller, the sole holder of the intellectual property rights to this content.

Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.

Article 17 - Informatics and Freedoms
 The personal data provided by the buyer is necessary for processing their order and for issuing invoices.

They may be communicated to the seller's partners responsible for the execution, processing, management, and payment of orders.

The buyer has a permanent right of access, modification, rectification, and opposition regarding the information concerning them. This right can be exercised under the conditions and according to the procedures defined on the Ventourelle site.

Article 18 - Non-validation partielle
 If one or more provisions of these general conditions are deemed invalid or declared as such under a law, regulation, or as a result of a final decision by a competent jurisdiction, the other provisions will retain their full force and scope.

Article 19 - Non-waiver
 The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions shall not be interpreted in the future as a waiver of the obligation in question.

Article 20 - Title
 In case of difficulty in interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles shall be declared non-existent.

Article 21 - Language of the contract
 These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.

Article 22 - Mediation and dispute resolution
 The buyer may resort to conventional mediation, notably with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in case of a dispute. The names, contact details, and email address of the mediator are available on our site.

In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating independent out-of-court resolution of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/ .

Article 23 - Applicable law
 These general conditions are subject to the application of French law. The competent court is the judicial court.

This applies to both substantive and formal rules. In case of a dispute or complaint, the buyer will primarily contact the seller to obtain an amicable solution.

Article 24 - Protection of personal data
Collected data:
 The personal data collected on this site are as follows:

  • account creation: when creating the user's account, their first name; last name; email address; phone number; postal address;
  • connection: when the user connects to the website, it records, in particular, their first name, last name, connection data, usage data, location data, and payment data;
  • profile: using the services provided on the website allows for the completion of a profile, which may include an address and a phone number;
  • payment: in the context of payment for the products and services offered on the website, it records financial data related to the user's bank account or credit card;
  • communication : when the website is used to communicate with other members, the data regarding the user's communications is subject to temporary retention;
  • cookies : cookies are used in the context of using the site. The user has the option to disable cookies from their browser settings.

Use of personal data
The personal data collected from users aims to provide the website's services, improve them, and maintain a secure environment. More specifically, the uses are as follows:

  • access and use of the website by the user;
  • management of the operation and optimization of the website;
  • organization of the terms of use of payment services;
  • verification, identification, and authentication of data transmitted by the user;
  • offering the user the possibility to communicate with other users of the website;
  • implementation of user assistance;
  • personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
  • prevention and detection of fraud, malware (malicious software), and management of security incidents;
  • management of potential disputes with users;
  • sending commercial and advertising information, based on the user's preferences.

Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:

  • when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has contracted;
  • when the user posts information accessible to the public in the website's free comment areas;
  • when the user authorizes a third-party website to access their data;
  • when the website uses service providers to provide user assistance, advertising, and payment services. These providers have limited access to user data in the context of performing these services and have a contractual obligation to use it in accordance with the provisions of applicable data protection regulations;
  • if required by law, the website may transmit data to respond to claims made against the website and comply with administrative and judicial procedures;
  • if the website is involved in a merger, acquisition, asset transfer, or judicial recovery procedure, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed before their personal data is transferred to a third party.

Security and confidentiality
The website implements organizational, technical, software, and physical measures regarding digital security to protect personal data against alterations, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.

Implementation of users' rights
In accordance with the applicable regulations on personal data, users have the following rights, which they can exercise by making their request to the following address: info@lampesmaison.com.

  • the right of access: they can exercise their right of access to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity to verify its accuracy.
  • the right to rectification: if the personal data held by the website is inaccurate, they can request an update of the information.
  • the right to deletion of data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
  • the right to restrict processing: users can request the website to limit the processing of personal data in accordance with the provisions of the GDPR.
  • the right to object to data processing: users can object to their data being processed in accordance with the provisions of the GDPR.
  • the right to data portability: they can request that the website provide them with the personal data they have supplied to transfer to a new website.

Evolution of this clause
The website reserves the right to make any changes to this clause regarding the protection of personal data at any time. If a change is made to this personal data protection clause, the website commits to publishing the new version on its site. The website will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account.

If you have any questions or need assistance, please use the contact details below.

Contact us:

Lampes Maison is operated by Kba Ecom ltd, a company registered in the United Kingdom.

Company Number : 15977925

DUNS Number: 232524666

Address:

71-75 Shelton Street Covent Garden

London WC2H 9JQ

Opening hours:

Monday - Friday: 9:00 AM - 5:00 PM

Email: info@lampesmaison.com

Phone: +447441423679

Contact form: click here