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These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by ramonet romain micro-entreprise ("the Seller") with consumers and non-professional buyers ("the Customers or the Customer"), wishing to purchase the products offered for sale by the Seller ("the Products") on the website https://overalighting.com.
They specify in particular the conditions for ordering, payment, delivery and management of any returns of Products ordered by Customers.
These General Terms and Conditions of Sale may be supplemented by specific conditions, set out on the website, prior to any transaction with the Customer.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible at any time on the website https://overalighting.com and shall prevail, where applicable, over any other version or any other contradictory document.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website at the date the order is placed.
The Products offered for sale on the website https://overalighting.com are as follows:
- Chandelier
- Pendant lights
The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website https://overalighting.com.
The Customer is required to read them before placing any order. The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the website https://overalighting.com are not contractual and shall not bind the Seller's liability.
The Customer is required to refer to the description of each Product in order to know the properties, the essential characteristics and the delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.
The contractual information is presented in French and is confirmed at the latest at the time of validation of the order by the Customer.
Product offers are valid within the limits of available stock, as specified at the time of placing the order.
The Seller's contact details are as follows:
ramonet romain micro-entreprise
3 RUE D'ANJOU, 29200 BREST
France
Email: contact@overalighting.com
Phone: +33 6 51 97 30 51
In accordance with the Data Protection Act of 6 January 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which came into force on 25 May 2018, the Customer has, at any time, a right of access, rectification, opposition, erasure and portability of all their personal data by writing, by post and providing proof of identity, to the Seller's address mentioned above.
Validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Customer acknowledges having the legal capacity required to contract and purchase the Products offered on the website https://overalighting.com.
5-1. Placing an order
It is the Customer's responsibility to select on the website https://overalighting.com the Products they wish to order, according to the following procedures:
The Customer has the possibility to check the details of their order, its total price and to correct any errors before confirming their acceptance. It is their responsibility to verify the accuracy of the order and to immediately report or correct any errors.
The registration of an order on the website https://overalighting.com is completed when the Customer accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and validates their order. This validation implies acceptance of all of these General Terms and Conditions of Sale as well as the general terms of use of the website.
The sale is only final after the Seller sends the Customer confirmation of acceptance of the order by email, which must be sent without delay and after receipt of full payment.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and procedures described above, on the website https://overalighting.com constitutes the formation of a distance contract between the Customer and the Seller.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer with whom a dispute exists regarding payment of a previous order.
The Customer can track the progress of their order on the website https://overalighting.com under the "Order Tracking" section.
The Seller does not intend to sell Products on the website https://overalighting.com to professionals, but only to consumers or non-professionals, for their personal needs. The Seller therefore reserves the right to refuse orders for the same Product in large quantities exceeding 500 units.
5-2. Order modification
Any modifications to the order by the Customer may only be taken into account by the Seller within the limits of their capabilities and provided they are notified by email to the following address: contact@overalighting.com at least 2 days before the scheduled shipment date of the order.
In the event that such modifications cannot be accepted by the Seller, any amounts paid at the time of placing the order by the Customer will be refunded within a maximum of 14 days from the notification of the impossibility of accepting the requested modifications (unless the Customer prefers to benefit from a credit note or an exchange).
5-3. Order cancellation
Orders may be cancelled by the Customer, outside the exercise of the right of withdrawal or force majeure, at least 2 days before the scheduled delivery date of the ordered Products, at no cost to the Customer.
The Products are supplied at the prices in force appearing on the website https://overalighting.com at the time the order is recorded by the Seller. Prices are expressed in Euros, inclusive of all taxes.
The prices take into account any discounts that may be granted by the Seller on the website.
These prices are firm and non-revisable during their period of validity, as indicated on the website, the Seller reserving the right, outside this period of validity, to modify prices at any time. They include processing, shipping, transport and delivery costs.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
The price is payable in full on the day the order is placed by the Customer, by secure payment, according to the following procedures:
By bank card: Carte Bancaire, Visa, MasterCard, American Express, Maestro.
Payment by bank card is irrevocable, except in the case of fraudulent use of the card. In this case, the Customer may request cancellation of the payment and restitution of the corresponding amounts.
The Products ordered by the Customer will be delivered to mainland France and internationally.
The delivery time corresponds to the shipping time indicated on the Product page plus the processing and transit time. Products are delivered within an average of 9 to 11 days to the address provided by the Customer when placing the order on the website.
Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special circumstances or where one or more Products are unavailable, the Products ordered will be delivered in a single shipment.
The Seller undertakes to make their best efforts to deliver the products ordered by the Customer within the timeframes specified above. However, these timeframes are provided for informational purposes only. If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the written request of the Customer under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The amounts paid by the Customer will then be refunded no later than fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
In the event of non-conformity of the delivered Product, the Seller undertakes to remedy the situation or to refund the Customer, as indicated in the "Seller's Liability - Warranty" article.
The Seller assumes the risks of transport and is required to refund the Customer in the event of damage caused during transport.
The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the delivery date of said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise their right of withdrawal from the Seller, without having to justify their reasons or pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen days (14 days at most following the communication of the withdrawal decision) following notification to the Seller of the Customer's withdrawal decision.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice. Damaged, soiled or incomplete Products will not be accepted.
The right of withdrawal may be exercised online, using the withdrawal form available on the website https://overalighting.com, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or by any other unambiguous statement expressing the intention to withdraw.
In the event of exercising the right of withdrawal within the aforementioned period, only the price of the purchased Product(s) and the delivery costs are refunded; the return costs remain the responsibility of the Customer.
The refund will be made within fourteen days (at most 14 days) from the notification to the Seller of the withdrawal decision.
The Products sold on the website https://overalighting.com comply with the regulations in force in France and have performance levels compatible with non-professional use.
The Products provided by the Seller benefit by right and without additional payment, independently of the right of withdrawal, in accordance with legal provisions:
- The legal warranty of conformity, for Products that are apparently defective, damaged or do not correspond to the order,
- The legal warranty against hidden defects arising from a defect in material, design or manufacture affecting the delivered products and rendering them unfit for use.
It is recalled that within the framework of the legal warranty of conformity, the Customer has a period of two years from delivery of the goods to take action against the Seller; may choose between repair or replacement of the ordered Product, subject to the cost conditions provided for in article L 217-9 of the Consumer Code; is exempt from providing proof of the existence of the non-conformity of the Product during the twenty-four months following delivery of the Product.
The legal warranty of conformity applies independently of any commercial warranty that may cover the Product. The Customer may decide to invoke the warranty against hidden defects of the Product in accordance with article 1641 of the Civil Code; in this case, they may choose between cancellation of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.
The Seller will refund or replace Products or parts under warranty deemed non-conforming or defective. Shipping costs will be refunded based on the invoiced rate and return costs will be refunded upon presentation of supporting documents.
Refunds for Products deemed non-conforming or defective will be made as soon as possible and no later than 14 days following the Seller's finding of the non-conformity or hidden defect. The refund will be made by credit to the Customer's bank account.
The Seller's liability cannot be engaged in the following cases:
- Non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify,
- In the event of misuse, use for professional purposes, negligence or failure to maintain on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in all cases, limited to the replacement or refund of non-conforming or defective Products.
In application of law 78-17 of 6 January 1978 as amended by law no. 2018-493 of 20 June 2018, it is recalled that the personal data requested from the Customer is necessary for the processing of their order and the preparation of invoices, in particular. This data may be communicated to the Seller's potential partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the website https://overalighting.com meets legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.
The Customer has, in accordance with applicable national and European regulations, a permanent right of access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning them. This right may be exercised under the conditions and procedures defined on the website https://overalighting.com.
The content of the website https://overalighting.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting, parasitism and unfair competition.
These General Terms and Conditions of Sale expressly exclude the legal regime of unforeseeability provided for in article 1195 of the Civil Code for all Product sales operations from the Seller to the Customer. The Seller and the Customer therefore each waive the right to invoke the provisions of article 1195 of the Civil Code and the regime of unforeseeability provided therein.
The Parties cannot be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
These General Terms and Conditions of Sale and the operations resulting therefrom are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
All disputes to which the purchase and sale transactions concluded pursuant to these General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, execution, termination, consequences and follow-up, and which cannot be resolved between the Seller and the Customer, will be submitted to the competent courts under common law conditions.
The Customer is informed that they may in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or with the existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Mediator for the website https://overalighting.com: CM2C, 14 rue Saint Jean, 75017 Paris, Tel: 01 89 47 00 14.
The act of a natural person (or legal entity) placing an order on the website https://overalighting.com implies full and complete adherence to and acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to invoke any contradictory document that would be unenforceable against the Seller.
Article L217-4 of the Consumer Code
The seller is required to deliver goods conforming to the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter has been charged to them under the contract or has been carried out under their responsibility.
Article L217-5 of the Consumer Code
To conform to the contract, the goods must:
Be fit for the purpose usually expected of similar goods and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect with regard to public statements made by the seller, by the producer or by their representative, particularly in advertising or labelling;
Or present the characteristics jointly defined by the parties or be fit for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial warranty granted to them when acquiring or repairing a movable good, for a restoration covered by the warranty, any period of immobilisation of at least seven days is added to the remaining duration of the warranty. This period runs from the buyer's request for intervention or from the making available for repair of the good in question, if this making available is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty on account of hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so diminish this use, that the buyer would not have acquired it, or would only have paid a lesser price for it, had they known of them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the buyer within a period of two years from the discovery of the defect.
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://overalighting.com unless exclusions or limits to the exercise of the right of withdrawal apply under the applicable General Terms and Conditions of Sale.
To the attention of OVERA by email: contact@overalighting.com
Order date: ...........................................................
Order number: ...........................................................
Customer name: ..........................................................................
Customer address: .......................................................................
Customer signature (only in case of notification of this form on paper)