TERMS AND CONDITIONS OF SALE
ARTICLE 1 - PREAMBLE :
The present terms and conditions of sale are entered into by, on the one hand, LUMIPOP - 31 route Nationale - 45130 Saint-Ay - FRANCE, registered with the RCS Orléans under number 534 009 121.
Telephone: 02 38 49 34 95
Mondays from 2:30 to 6:30 p.m
Tuesday to Friday, 10 a.m. to 12:30 p.m. and 2:30 p.m. to 6:30 p.m
Hereinafter referred to as "the seller".
Internet users, non-trading natural persons of legal age, wishing to make a purchase from the NEON-FLEXIBLE.COM website, visible at the address :
Hereinafter referred to as "the user".
The present conditions govern the sale of any product or service presented on the NEON-FLEXIBLE.COM website by LUMIPOP.
The parties agree that their relationship shall be governed exclusively by this contract, to the exclusion of all other conditions.
Any order duly validated on the NEON-FLEXIBLE.COM website implies total and unreserved acceptance of these general terms and conditions of sale and, where applicable, of any special or specific conditions relating to one or more products, services or orders.
If a condition is not met, it will be considered to be governed by the practices in force in the distance-selling sector whose companies are headquartered in France. LUMIPOP undertakes to comply with all provisions of the French Consumer Code relating to distance selling.
ARTICLE 2 - PURPOSE :
The purpose of these conditions is to define the terms and conditions of sale between the seller and the user, from the order to the services, including payment and delivery.
They regulate all the steps involved in placing an order and ensure the follow-up of the order between the contracting parties.
ARTICLE 3 - ORDERING AND AVAILABILITY :
Orders can only be registered on the site if the user has clearly identified himself by entering his strictly personal login and password.
The user declares that he/she is at least 18 years old and has the legal capacity or parental authorization to place an order on the site NEON-FLEXIBLE.COM.
Any order implies acceptance of the prices and description of the products available for sale.
The user declares that he/she has read and accepted these General Terms and Conditions of Sale before placing your order. Confirmation of your order therefore implies acceptance of these Terms and Conditions.
Once the order has been placed, the seller sends an e-mail to the user confirming the order.
The seller informs you when the items have been dispatched. The user has the possibility to modify the order until the date of shipment.
LUMIPOP undertakes to honour orders received on the website only within the limits of available product stocks. If a product is not available, the seller undertakes to inform the user.
Note: Calls from consumers relating to :
- monitoring the execution of the order.
- The exercise of the right of withdrawal.
- The implementation of the warranty.
On the other hand, there is nothing to prevent e-merchants from charging a specific fee for orders or requests for information prior to the conclusion of a contract.
ARTICLE 4 - DELIVERY :
All orders placed before midnight are dispatched the following day. With the exception of orders placed on or after Friday 00:00, which are processed on the next working day, i.e. Monday.
Delivery time depends on each carrier:
- GLS: 24/48 hours (i.e. 72 hours from order validation date)
- Colissimo: 48 hours (i.e. 72 hours from the order validation date)
- Mondial Relay: 72 hours (96 hours from order validation date)
Payment is considered "cleared" once the money sent by the buyer has been deposited in the seller's account. If the buyer pays by credit card or PayPal, payment may be immediate. On the other hand, if the buyer pays by check or bank transfer, it may take several days.
By "working days" we mean ordinary weekdays. Saturdays, Sundays and public holidays are not considered working days.
At the time of ordering, the customer undertakes to provide all the information required for delivery in order to guarantee successful completion. In particular, the customer must provide a telephone number where the carrier can reach him/her during the day. The customer undertakes, for himself or for the recipient of the order, to take delivery of the goods at the address indicated when the order was placed.
At the time of delivery, the customer or the recipient of the products must be able, if requested, to prove his/her identity. The customer undertakes, after opening and checking the contents of the package(s) in the presence of the carrier, to sign the delivery receipt presented by the delivery person.
If the seller is aware of a total delivery time in excess of 30 days, he may offer the user the option of cancelling the initial order until the product is restocked.
Any order placed on the site and delivered outside France and, in general, outside the European Union may be subject to possible taxes and customs duties which are imposed when the parcel reaches its destination. These customs duties and taxes are the responsibility of the user. The seller is not obliged to check and inform about applicable customs duties and taxes. To find out about them, we advise the user to contact the relevant authorities in his or her country.
The user may have recourse to a mediator for any dispute that has not been resolved with the seller. Below is a link to FEVAD, a specialist in e-commerce mediation: http://www.mediateurfevad.fr
ARTICLE 5 - PAYMENT TERMS :
Users can choose to pay for their purchases :
- online by credit card via Payzen.
PayZen is a brand of the Lyra Network group, a recognized electronic payment operator in the banking sector. PayZen guarantees optimum data security thanks to its PCI DSS certification and the use of SSL protocol, which encrypts all information relating to your order. At no point do your bank details appear unencrypted or are passed on to merchants.
- online with the order by Paypal.
PayPal is a company offering a payment service on the Internet, enabling Internet users to send payments via an e-mail address, without having to communicate their credit card details for each transaction.
- by cheque when ordering.
Payment by cheque is only possible for cheques in euros drawn on a bank domiciled in France or Monaco. In the case of payment by cheque, the cheque will be cashed on receipt. Cheques should be made payable to the seller and sent to the address below, enclosing a copy of the order summary:
LUMIPOP - 31 route Nationale - 45130 Saint-Ay - FRANCE
- by bank transfer when ordering.
All the bank details required for the transfer will be provided when the order is validated and sent by e-mail.
ARTICLE 6 - PRICES :
The prices of our products are indicated in euros, including all taxes but excluding shipping and handling costs.
The seller reserves the right to modify its prices at any time, but products will be invoiced on the basis of the rates in force at the time orders are registered.
The prices indicated on the site are guaranteed for the duration of the on-line publication and within the limits of available stocks.
ARTICLE 7 - RIGHT OF WITHDRAWAL / RETURN / EXCHANGE :
In accordance with the European directive of 24/03/2011, the user has a period of fourteen (14) days to exercise his right of withdrawal by returning the item(s) ordered to the seller without having to justify his reasons or pay any penalties with the exception of return costs.
All items may be exchanged or reimbursed, with the exception of those marked to the contrary, e.g. items that have been customized at the customer's request. The user must request an exchange within 14 days of the order validation date. To exercise the right of withdrawal, the user must notify the seller of his/her decision to withdraw from the present contract by means of an unambiguous declaration by e-mail or post. The user may use the model withdrawal form, but this is not obligatory.
The user will find a retraction form here.
If the new order is for a higher amount, the user must enclose payment for the balance with the exchange request.
Conversely, if the amount of the exchange is less than the initial amount, the user will receive a credit note in the form of a code (usable on the site) for reimbursement of the difference.
The user has fourteen days from notification of withdrawal (by e-mail or post, indicating the references of the order) to return the package to the seller.
The returned product must be complete, in packaging that allows it to be transported without risk and in the same condition as when it was received.
The refund or exchange will be effective after receipt and inspection of the product by the seller. Returns must be sent to the following address:
LUMIPOP - 31 route Nationale - 45130 Saint-Ay - FRANCE.
ARTICLE 8 - GUARANTEES :
Legal warranty of conformity
(Articles L. 217-4 to L. 217-14 of the French Consumer Code)
The professional seller must deliver goods in conformity with the contract. Failing this, he is liable for any defects in delivery, as well as for any defects resulting from packaging, assembly instructions or installation when the latter is the responsibility of the contracting party or under his responsibility (article L.217-4).
According to article L.217-5, a good is compliant when it is either
- fit for the purpose ordinarily expected of similar goods, if any, etc. :
- that it corresponds to the seller's description and possesses the qualities presented in the sample or model ;
- that it has the qualities that a consumer may legitimately expect following public declarations by the seller, producer or representative (advertising, labeling, etc.). The declarations of these last two professionals are not binding on the seller when the latter does not know them and is not in a legitimate position to know them.
- has the characteristics defined by the parties or is fit for the special purpose intended by the buyer, known and accepted by the seller.
Action under the warranty of conformity is barred after 2 years from the date of delivery of the goods.
For goods purchased after March 18, 2016, all conformity defects appearing during the 2 years following purchase, with the exception of second-hand goods for which the period will be maintained at 6 months, are presumed to exist. This presumption reverses the burden of proof in favor of the user, placing the onus on the seller to prove that the defect did not exist.
The user cannot invoke the warranty of conformity under article L.217-8 in three cases:
- when he was aware of the defect at the time of contracting ;
- when he could not have been unaware of the defect at the time of contracting ;
- when the defect results from materials supplied by the customer.
Implementation of the guarantee of conformity
Where there is a lack of conformity, the professional offers the user either replacement or repair. The choice is up to the user, except where the seller's costs are disproportionate to the second option.
The user may have the contract rescinded or reduced (i.e. the price of the goods reduced) if the defect is major and the chosen solution takes longer than 1 month from the date of the request; or if no other solution is feasible.
The user may not be charged for replacement, repair, cancellation or reduction of the contract.
Legal warranty against hidden defects
(articles 1641 to 1649 of the French Civil Code)
The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
The legal warranty covers all costs arising from hidden defects.
The seller is not liable for apparent defects of which the user has been able to convince himself, but for hidden defects, even if he was unaware of them, unless, in this case, he has stipulated that he will not be bound by any warranty.
The defect must predate the sale and render the products unfit for their intended use.
The user can choose :
- Return the product and have the price refunded ;
- Keep the product and get part of the price back.
The deadline for taking action is 2 years from the discovery of the defect.
ARTICLE 9 - SIGNATURE AND PROOF :
Any user of the site who does not have a customer account must follow a registration procedure to open a customer account. The username and password are confidential and will not be passed on to third parties. In case of doubt about unauthorized use of the account, the customer must promptly notify the seller.
In all cases, the online provision of the credit card number and the final validation of the order shall constitute proof of the completeness of the said order in accordance with the provisions of the law of March 13, 2000 and shall constitute payment of the sums incurred by the seizure of the items appearing on the order form.
This validation constitutes signature and express acceptance of all operations carried out on the site. However, in the event of fraudulent use of a bank card, the customer is invited to contact the seller's customer service department by calling 02 38 49 34 95.
ARTICLE 10 - LIABILITY :
LUMIPOP has an obligation of result at all stages of the order process and after the conclusion of the contract.
The seller therefore undertakes to describe the products sold on the website as accurately as possible NEON-FLEXIBLE.COM. However, the seller may not be held liable in the event of non-performance of its obligations attributable either to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure as defined by French case law. Likewise, the seller shall not be held liable for any inconvenience or damage inherent in the use of the Internet network, notably a break in service, external intrusion or the presence of computer viruses.
ARTICLE 11 - PERSONAL DATA :
The seller reserves the right to collect data. The nominative data communicated by the user or collected via the operation of the site (by means of cookies or active x) are intended to ensure the successful completion of deliveries, to improve the quality of service and to better meet customer expectations. The user consents to the use of this data by the seller, in particular to communicate information about services and promotional offers that may be of interest to him/her.
If you do not wish to receive these offers, you may request them at any time either directly on the Internet in your account, or by post to LUMIPOP - 31 route Nationale - 45130 Saint-Ay - FRANCE, stating your surname, first name, e-mail address and, if possible, your customer reference.
In accordance with the provisions of the French Data Protection Act of January 6, 1978, the customer has the right to access and rectify any personal data concerning him or her, upon written request to the seller's customer service department.
Customer data is kept confidential by the Seller for a period of 2 years from the last visit to the site.
The seller makes every effort to ensure the confidentiality and security of data transmitted over the web. To this end, the website uses a secure SSL (Secure Socket Layer) payment method.
ARTICLE 12 - INTELLECTUAL PROPERTY :
All elements of the NEON-FLEXIBLE.COM site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.
ARTICLE 13 - COMPLETENESS :
Should any of the clauses of this contract be rendered null and void by a change in legislation, regulations or by a court decision, this shall in no way affect the validity of and compliance with these general terms and conditions of sale.
ARTICLE 14 - DURATION :
These terms and conditions apply for the duration of the online services offered by LUMIPOP.
ARTICLE 15 - PROOF :
The computerized registers, kept in the computer systems of LUMIPOP and its partners under reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties.
ARTICLE 16 - STORAGE AND ARCHIVING OF TRANSACTIONS :
Purchase orders and invoices are archived on a reliable and durable medium in such a way as to correspond to a faithful and durable copy in accordance with article 1348 of the French Civil Code.
ARTICLE 17 - APPLICABLE LAW AND JURISDICTION :
The present conditions are subject to French law. The competent court in the event of litigation will be that of the place of residence of the defendant.
The NEON-FLEXIBLE.COM website is published by LUMIPOP, a limited liability company with capital of 100,000 euros, registered with the Registre du Commerce et des Sociétés under number 534 009 121, with registered office at 31 route Nationale - 45130 Saint-Ay - FRANCE.
NEON-FLEXIBLE.COM is subject to VAT. Its individual identification number is FR13534009121.
Tel: 02 38 49 34 95
Mail : email@example.com
DIRECTOR OF PUBLICATION :
The publishing director of NEON-FLEXIBLE.COM is Steven Buxton.
The editorial manager of the NEON-FLEXIBLE.COM website is Steven Buxton.
The NEON-FLEXIBLE.COM website is hosted by o2Switch, whose head office is located at Chemin des Pardiaux - 63000 Clermont-Ferrand - FRANCE.
Tel: 04 44 44 60 40
INTELLECTUAL PROPERTY :
The general structure of the NEON-FLEXIBLE.COM website, as well as the texts, graphics, images, sounds and videos that make it up, are the property of LUMIPOP or its partners. Any representation and/or reproduction and/or partial or total exploitation of this site, by any means whatsoever, without the prior written authorization of LUMIPOP or its partners, is strictly forbidden and may constitute an infringement under articles L 335-2 et seq. of the French Intellectual Property Code.
NEON-FLEXIBLE.COM trademarks are registered trademarks of LUMIPOP. Any representation and/or reproduction and/or partial or total use of these trademarks, of any nature whatsoever, is totally prohibited.
DATA PROTECTION ACT :
In accordance with the French Data Protection Act 78-17 of January 6, 1978, as amended, you have the right to object to (art. 38), access (art. 39), rectify or delete (art. 40) data concerning you. You can exercise this right by contacting NEON-FLEXIBLE.COM.
This right can be exercised by providing proof of identity:
- by post: LUMIPOP - 31 route Nationale - 45130 Saint-Ay - FRANCE
- by e-mail : firstname.lastname@example.org
All personal data collected is treated with the strictest confidentiality. In particular, NEON-FLEXIBLE.COM undertakes to respect the confidentiality of e-mail messages sent via electronic mail. The site also uses a cookie.
A cookie is a small file that records browsing information that can be read on subsequent visits. No personal data is collected.