Terms of service
Article 1 - Definitions
In these general conditions, the following definitions apply:
Reflection period: the period during which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or commercial activity and who concludes a distance contract with the professional;
Day: calendar day;
Duration contract: a distance contract concerning a series of products and/or services, for which the obligation of delivery and/or purchase is spread over time;
Durable medium: any means allowing the consumer or professional to store information personally addressed to them in a way that allows them to consult it later and reproduce the stored information without alteration.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract during the reflection period;
Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
Distance contract: an agreement by which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusively one or more distance communication techniques are used;
Distance communication technique: any means that can be used to conclude a contract without the consumer and the entrepreneur being simultaneously present in the same premises.
General terms and conditions: these general terms and conditions of the entrepreneur.
Article 2 - Seller identity
Company name: Premiere Trading
Chamber of Commerce Number: 72141425
Trade name: Lumique
VAT Number: NL002345521B09
Email address: support@lumique.fr
Phone Number: +33 756757937
Address: De Nieuwe Erven 3, 5431 NV Cuijk, Netherlands
Article 3 - Applicability
These general terms and conditions apply to all offers of the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.
Before concluding the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated, before concluding the distance contract, that the general terms and conditions can be consulted at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before concluding the distance contract, the text of these general terms and conditions may be made available to the consumer electronically in a way that allows the consumer to store it easily on a durable medium. If this is not reasonably possible, it will be indicated, before concluding the distance contract, where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
In cases where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in case of conflict between the general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially null or void, the contract and these general terms and conditions remain in effect for the rest, and the concerned provision is promptly replaced, by mutual agreement, with a provision that most closely reflects the original intent.
Situations not covered by these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.
Any uncertainty regarding the interpretation or content of one or more provisions of our general terms and conditions must be interpreted "in the spirit" of these general terms and conditions.
Article 4 - The offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur has the right to modify and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to properly evaluate the offer. If the entrepreneur uses images, these are a faithful representation of the products and/or services offered. Manifest or obvious errors in the offer do not bind the entrepreneur.
All images, specifications, and data included in the offer are indicative and cannot give rise to compensation or contract termination.
The product images are a faithful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains information allowing the consumer to clearly understand the rights and obligations related to accepting the offer. This particularly concerns:
the price, excluding customs clearance fees and import VAT. These additional costs are the responsibility and risk of the customer. The postal and/or courier service will apply the special regulations relating to postal and courier services regarding importation. This regime applies if the goods are imported into the destination country within the EU, which is the case here. The postal and/or courier service collects VAT (with or without customs clearance fees) from the recipient of the goods;
the shipping costs;
how the contract will be concluded and the actions required for this purpose;
whether the right of withdrawal applies or not;
the method of payment, delivery, and execution of the contract;
the deadline for acceptance of the offer or the period during which the merchant guarantees the price;
the level of the distance communication tariff if the costs of using the distance communication technique are calculated on a basis other than the normal basic rate for the communication method used;
whether the contract is archived after its conclusion and, if so, how it can be consulted by the consumer;
how the consumer can, before concluding the contract, verify and, if desired, correct the data provided in the context of the contract;
languages other than English in which the contract may be concluded;
the codes of conduct to which the professional is subject and how the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a fixed-term transaction.
Optional: sizes, colors, types of materials available.
Article 5 - The contract
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfills the conditions stipulated therein.
If the consumer has accepted the offer electronically, the merchant immediately confirms receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the contract.
If the contract is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to protect the electronic transfer of data and guarantees a secure web environment. If the consumer can pay electronically, the entrepreneur complies with appropriate security measures.
The entrepreneur may, within the legal framework, inquire about the consumer's ability to meet payment obligations, as well as all important facts and factors for the responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to conclude the contract, they are entitled to refuse an order or request or to impose special conditions on the execution, explaining their decision.
The entrepreneur shall provide the following information to the consumer with the product or service, in writing or in a way that allows the consumer to store it on a durable medium:
1. the address of the entrepreneur's establishment where the consumer can send their complaints;
2. the conditions and modalities for exercising the consumer's right of withdrawal or, where applicable, clear information on the absence of the right of withdrawal;
3. information on existing warranties and after-sales services;
4. the data referred to in Article 4, paragraph 3, of these general terms and conditions, unless the professional has already provided this data to the consumer before the execution of the contract;
5. the conditions for terminating the contract if it has a duration of more than one year or is of indefinite duration.
In the case of a fixed-term contract, the provision of the previous paragraph applies only to the first delivery.
Each contract is concluded subject to suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to terminate the contract without giving a reason within 14 days. This reflection period starts the day after the product is received by the consumer or by a representative designated in advance by the consumer and communicated to the entrepreneur.
During the reflection period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product to the entrepreneur with all delivered accessories and, if reasonably possible, in its original condition and packaging, in accordance with the clear and reasonable instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 14 days of receiving the product. The consumer must do so by written message/email. After declaring that they wish to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered products were returned on time, for example by means of proof of shipment.
If the customer has not expressed their intention to use their right of withdrawal or has not returned the product to the entrepreneur after the deadlines mentioned in paragraphs 2 and 3 have expired, the purchase is final.
Article 7 - Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products are borne by them.
If the consumer has already made a payment, the entrepreneur will refund it as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been returned to the entrepreneur or conclusive proof of the complete return can be provided.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the merchant has clearly indicated it in the offer, or at least in a timely manner before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products
1. that have been created by the entrepreneur according to the consumer's specifications;
2. that are clearly of a personal nature;
2. that cannot be returned due to their nature;
3. that deteriorate or age quickly;
4. whose price is subject to financial market fluctuations beyond the entrepreneur's control;
6. for individual newspapers and magazines;
7. for audio and video recordings and computer software whose seal the consumer has broken.
8. for hygienic products whose seal the consumer has broken.
Exclusion of the right of withdrawal is only possible for services
1. concerning accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a specific period;
2. whose delivery has begun with the express consent of the consumer before the withdrawal period expires;
3. concerning bets and lotteries.
Article 9 - The price
During the validity period indicated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to modifications in VAT rates.
Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to financial market fluctuations beyond their control, with variable prices. This link to fluctuations and the fact that the prices mentioned are indicative prices will be stated in the offer.
Price increases within 3 months following the conclusion of the contract are only permitted if they result from legal or regulatory provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the contractor has stipulated it and:
1. they result from legal or regulatory provisions; or
2. The consumer is allowed to terminate the contract on the day the price increase takes effect.
In accordance with Article 5, paragraph 1, of the 1968 turnover tax law, the place of delivery is the country where the transport begins. In this case, this delivery takes place outside the EU. Therefore, the postal service or courier service will collect import VAT or customs clearance fees from the customer. The contractor will therefore not charge VAT.
All prices are subject to printing errors. No liability is accepted for the consequences of printing and composition errors. In case of printing errors, the company is not obliged to deliver the product at the incorrect price.
Article 10 - Compliance and warranty
The contractor guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements of durability and/or use, and the legal and/or regulatory provisions in force at the date of conclusion of the contract. If agreed, the merchant also guarantees that the product is suitable for a use other than normal.
A warranty provided by the merchant, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the merchant based on the contract.
Any defective or incorrectly delivered product must be reported in writing to the contractor within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The contractor's warranty period corresponds to the factory warranty period. However, the contractor is never responsible for the final suitability of the products for each individual application by the consumer, nor for advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have been handled negligently or contrary to the contractor's instructions and/or those on the packaging;
The defect results entirely or partially from regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 - Delivery and execution
The contractor will take the greatest care in receiving and executing product orders.
The place of delivery is the address that the consumer has communicated to the company.
In compliance with the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders as soon as possible, but no later than within 30 days, unless the consumer has agreed to a longer delivery time. In case of delivery delay or if an order cannot be executed or can only be partially executed, the consumer will be informed no later than 30 days after placing the order. In this case, the consumer has the right to terminate the contract without costs and to claim any possible damages.
In the event of termination in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If the delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. At the latest upon delivery, it will be clearly and understandably indicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. Return costs are borne by the entrepreneur.
The risk of deterioration and/or loss of the products lies with the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance and known to the entrepreneur, unless otherwise expressly agreed.
Article 12 - Fixed-term contracts: duration, termination, and renewal
Termination
The consumer may terminate at any time an open-ended contract concluded for the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a maximum notice period of one month.
The consumer may terminate a fixed-term contract concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period not exceeding one month.
The consumer may terminate the contracts referred to in the preceding paragraphs:
at any time and without being limited to termination at a specific time or during a determined period;
at least to terminate them in the same manner as they were concluded;
always to terminate them with the same notice period as that stipulated by the entrepreneur for themselves.
Extension
A fixed-term contract concluded for the regular supply of products (including electricity) or services cannot be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period not exceeding three months, if the consumer can terminate this renewed contract at the end of the renewal period with a notice period not exceeding one month.
A fixed-term contract concluded for the regular supply of products or services can only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period not exceeding one month and a notice period not exceeding three months in the case where the contract concerns the regular supply, but less than once a month, of daily or weekly newspapers and magazines.
A fixed-term contract for the regular supply of daily or weekly newspapers and magazines as a trial (trial or introductory subscription) is not tacitly renewed and automatically ends at the expiration of the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a maximum notice period of one month, unless reasonableness and fairness oppose termination before the agreed duration ends.
Article 13 - Payment
Unless otherwise agreed, amounts due by the consumer must be paid within 7 working days following the start of the reflection period referred to in Article 6, paragraph 1. In the case of a service contract, this period begins after the consumer has received confirmation of the contract.
The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the provided or mentioned payment details.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable fees communicated in advance to the consumer.
Article 14 - Complaint procedure
Complaints regarding contract performance must be submitted to the entrepreneur within 7 days following the consumer's discovery of defects, in a complete and clear manner.
Complaints addressed to the entrepreneur will receive a response within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur's obligations, unless otherwise indicated in writing by them.
If the entrepreneur considers a complaint justified, they will replace or repair the delivered products free of charge, at their discretion.
Article 15 - Disputes
Only European law applies to contracts concluded between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer resides abroad.
Company information
Email Address: support@lumique.fr
Phone Number: +33 756757937
Company Name: Lumique
Chamber of Commerce Number: 72141425
VAT Number: NL002345521B09
Address: De Nieuwe Erven 3, 5431 NV Cuijk, Netherlands
Customer service opening hours:
Monday to Friday: from 9 a.m. to 5 p.m.
We strive to respond within d'a business day.