Terms and Conditions

GENERAL CONDITIONS OF SALE


Article 1 – LEGAL NOTICES


This site, accessible at the URL https://la-guirlande-lumineuse.com (the “Site”), is published by: La-Guirlande-Lumineuse.


The Operator can be contacted to the following email address contact@la-guirlande-lumineuse.com.


Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS


The general conditions of Sale (the “ General Conditions of Sale”) ", or the " GTC ") 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 consulted directly and can also be communicated to them upon simple request by any means.

The General Terms and Conditions are binding on the customer who acknowledges, by checking a box or clicking on the button provided for this purpose, having read and 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 – DESCRIPTION OF PRODUCTS


The Site is an online sales site for sports accessories (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 (prepared 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 at the latest sent upon delivery. The Products comply with the requirements of French law in force.


The Customer remains responsible for the terms and consequences of his access to the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain his responsibility. 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 he uses is secure and in working order.


Article 4 – ORDERS


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


If, despite the Operator's best efforts, 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:


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

  • reimbursement of the price of the Product ordered no later than thirty (30) days from payment of the sums 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 it.


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


When placing an order, the Customer must select the chosen Products, add them to his basket by 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 the previous pages to possibly correct the contents of his basket, before validating it.


The Customer undertakes to read the General Terms and Conditions of Sale then in force before accepting them and to confirm the terms and any delivery and withdrawal costs prior to payment of his 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 his Order so that the latter can refer to it.


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 themselves in their 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 would not respect the General Conditions in force at the time of his order;
  • The Customer's order history shows that amounts remain due under previous orders;
  • One of the Customer's previous orders is the subject of a dispute currently being processed;
  • The Customer has not responded to a request for confirmation of his order that the Operator sent to him.

The Operator archives the contracts for the sale of Products in accordance with the applicable legislation. By making a request to the following address contact@runago.fr , the Operator will provide the Customer with a copy of the contract that is the subject of the request.


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


The information provided 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 to enter into a commitment under these General Conditions.


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


In the event of a breach by the Customer of any of the provisions hereof, the Operator reserves the right to terminate the account of said Customer without notice.


Article 5 – PAYMENT TERMS AND SECURITY


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


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


The Operator uses the 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 details are not accessible to third parties.

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


The Customer's account will be debited with 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.


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


The bank card may be refused in particular 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 electronic wallet (Paypal type). The Customer already has an account on the electronic wallet used by the Operator. The Customer can use this account and pay for his order securely without providing his bank details.


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


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


Article 6 – PAYMENT OF THE PRICE


The price of the Products in effect at the time of the order is indicated in euros including all taxes (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 any 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 the Customer confirms the order. The total amount owed by the Customer and its details are indicated on the order confirmation page.


Article 7 – FORMATION OF THE CONTRACT


The contract between the Operator and the Customer is formed at the time the Customer sends confirmation of their order.


The Customer's attention is particularly drawn to the method of accepting the order placed on the Site. When the Customer places his order, he must confirm it using 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 contents of his basket (identification, quantity of products selected, price, terms and delivery costs) before validating it by clicking on "I confirm my delivery", then he acknowledges accepting these General Terms and Conditions before clicking on the "I pay" button, finally he validates his order after having filled in his bank details. The "double click" is equivalent to an electronic signature and is equivalent to a handwritten signature. It constitutes an 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 constitute proof of all transactions between the Operator and its Customers.


The order may be cancelled by the Customer by registered letter with acknowledgement of receipt or by writing on another durable medium in the event of:


  • delivery of a Product which does not conform to the declared characteristics of the Product;
  • delivery exceeding the deadline set in the purchase order or, failing such a date, within thirty (30) days following the conclusion of the contract, after the Operator has been ordered, in the same manner and without result, to make the delivery within a reasonable additional period;
  • price increase 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 may be terminated 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 8 – SHIPPING AND DELIVERY


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 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 times include the preparation and shipping of the order as well as the time provided by the carrier.


The Operator undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and in the basket, 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 indicating the new delivery date to the Customer.


The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to the Customer 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.


Upon 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 complaints about the quantity or condition of the Product will be accepted if the complaint has not been noted on the delivery slip.

Article 9 – RIGHT OF WITHDRAWAL

If a delivered Product 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


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


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


  • name, geographic address, telephone number and email address;
  • decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail, provided that these contact details are available and therefore appear on the standard withdrawal form). The Customer may use the model withdrawal form, but this is not obligatory.

WITHDRAWAL FORM


For the attention of the Company referred to in the header hereof (reproduce address) by email to contact@la-guirlande-lumineuse.com :

I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the provision of services (*) below:

Ordered on (*) :

Name of consumer(s):

Address of consumer(s):

Signature of the consumer(s) (if this form is notified on paper):

Date :

(*) Delete as appropriate.



The return costs are the responsibility of the Customer, unless the goods cannot normally be returned by post, in which case the Operator will recover the Product at its own expense.


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 (name, 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 from receipt of the Product and all elements enabling the Customer's reimbursement to be implemented. This reimbursement may be made by the same means of payment as that used for the Customer. As such, the Customer who has paid for his order in the form of credits / gift vouchers may be reimbursed by credits / gift vouchers according to the Operator's wishes.


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



ARTICLE 10 – LIABILITY AND WARRANTY


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


The Customer acknowledges that the characteristics and constraints of the Internet do not allow the security, availability and integrity of data transmissions on the Internet to be guaranteed. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or operating errors. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to develop their content and/or presentation.


The Operator cannot be held responsible for the use that would be made of the Site and its services by Customers in violation of these General Conditions and for the 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 his behavior towards third parties. In the event that the Operator's liability is sought due to such behavior by one of its Customers, the latter undertakes to guarantee the Operator against any conviction pronounced against it and to reimburse the Operator for all costs, in particular lawyers' fees, incurred for its defense.


Regardless of any additional contractual guarantee (commercial guarantee) that 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 of 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 have a period of two (2) years from delivery of the goods to take action:
  • you can choose between repair or replacement of 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 for second-hand goods).

You may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, you can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.




ARTICLE 11 – AFTER-SALES SERVICE 

After-sales service provision carried out by the Operator and not covered by the commercial guarantee is the subject of a contract, a copy of which is given to the Customer.


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


  • email address: contact@la-guirlande-lumineuse.com

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


The Customer will be reimbursed for return postage costs no later than thirty (30) days following receipt of the product by the Operator.



ARTICLE 12 – GENERAL PROVISIONS

ENTIRE AGREEMENT OF THE PARTIES


These General Terms and Conditions constitute a contract governing the relationship between the Client 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 provisions of these General Terms and Conditions are declared null and void pursuant to a law, regulation or following a final decision by a competent court, the other provisions shall retain their full force and scope. Furthermore, the fact that one of the parties to these General Terms and Conditions does not invoke a breach by the other party of any of the provisions of these General Terms and Conditions shall not be interpreted as a waiver on its part to invoke such a breach in the future.


CHANGES TO 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 operating all or part of the Site.


Furthermore, 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 any use of the Site.


The Customer acknowledges that the Operator cannot be held liable in any way whatsoever towards it 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 to be able to invoke them at any time during the execution of the contract if necessary.


COMPLAINT - MEDIATION


In the event of a dispute, the Customer will contact the Company as a priority to try to find an amicable solution. In the event of difficulties in the application of this contract, the consumer Customer also has the possibility, before any legal action, to request recourse to a consumer mediator, which you can identify on the website https://www.economie.gouv.fr/mediation-conso .


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 and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.


In this context, any European consumer can also contact the Online Dispute Resolution (ODR) Platform accessible from the following URL address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage


It is recalled that the search for an amicable solution does not interrupt the "short period" of the legal guarantee, nor the duration of the contractual guarantee. It is recalled that as a general rule and subject to the assessment of the courts, compliance with the provisions of this contract relating to guarantees assumes that the Customer honors its financial commitments to the seller.


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 carefully read these General Conditions.


By registering on the Site, the Customer confirms having read the General Conditions and accepts 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 on that date may be provided to the Customer upon request. It is therefore specified that any modification to the General Conditions which may be 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.