General conditions of sale

SELLER IDENTIFICATION:

ARTICLE 1 - Scope of application

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by "Plafonnier Prestige" ("the Seller") with consumers and non-professional buyers ("The Customers or the Customer"), wishing to acquire the products offered for sale by the Seller ("The Products") on the Website www.plafonnier-prestige.fr ("the Website").

They specify in particular the conditions of ordering, payment, delivery and handling of any returns of Products ordered by Customers.

These General Terms and Conditions of Sale may be supplemented by specific conditions, stated on the Website, before any transaction with the Customer.

These General Terms and Conditions of Sale apply to the exclusion of all other conditions, including those applicable to sales in stores or through other distribution and marketing channels.

They are accessible at any time on the Website and will prevail, where applicable, over any other version or contradictory document.

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 effect on the Website on the date the order is placed.

Modifications to these General Terms and Conditions of Sale are binding on users of the Website from the date they are posted online and cannot apply to transactions concluded prior to that date.

ARTICLE 2 - Products offered for sale

The Products offered for sale on the Website are as follows:

"Lighting devices"

The main characteristics of the Products, including specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Website.

The Customer is required to read this 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 are not contractual and do not constitute a binding commitment on the part of the Seller.

The Customer is required to refer to the description of each Product in order to know its properties, essential characteristics and 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 subject to confirmation no later than when the order is validated by the Customer.

The published customer reviews may come from external sources. We strive to ensure the authenticity and veracity of published reviews. However, we cannot be held responsible for the content or accuracy of the reviews, as this remains the responsibility of their respective authors and the source platform.

In accordance with the General Data Protection Regulation (GDPR), any notice containing personal information will only be published if the explicit consent of the person concerned has been obtained.

If you are the author of a review published on our site and wish to have it removed, or if you have any concerns about a review, please contact us by email at: contact@plafonnier-prestige.fr or on our contact page .

 

The Products presented on the Website are offered for sale in the following territories:

"European Union"

In the case of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and French overseas territories, the price will be calculated excluding taxes automatically on the invoice.

 

Customs duties, local taxes, import duties, or state taxes may be applicable. These will be borne by and are the sole responsibility of the Client.

 

ARTICLE 3 - Validity Period of the Product Offer

Product offers are subject to availability, as specified when placing the order.

 

ARTICLE 4 - Seller's Contact Details

The Seller's contact details are as follows:

 

+33756923651

 

ARTICLE 5 - Orders

 

5-1 . Placing the order

It is the Client's responsibility to select the Products they wish to order on the Website, according to the following procedures:

 

After selecting the products and validating the basket, the Customer must choose the delivery address and method.

The Customer must then validate their payment method.

All orders imply acceptance of the prices and descriptions of the Products available for sale.

The seller acknowledges receipt of the order upon validation by sending an email.

 

The Customer has the opportunity to review the details of their order, its total price, and correct any errors before confirming acceptance. It is their responsibility to verify the accuracy of the order and to report or correct any errors immediately.

An order is registered on the Website when the Customer accepts these General Terms and Conditions of Sale by ticking 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 final only after the Seller sends the Customer confirmation of acceptance of the order by email, which must be sent without delay and after the Seller has received full payment.

Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the terms described above, on the Website 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 there is a dispute relating to payment for a previous order.

The Customer will be able to track the progress of their order on the Website.

The Seller does not intend to sell the Products on the Website 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 and containing more than 5 identical items .

 

5-2 . Order Modification

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.

5-3 . Order Cancellation

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled, except in the case of exercising the right of withdrawal or in cases of force majeure .

 

ARTICLE 6 - Rates

The Products are supplied at the prices in effect on the Website at the time the order is registered by the Seller.

Prices are expressed in Euros.

The prices take into account any discounts that may be offered by the Seller on the Website.

These prices are fixed 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 the prices at any time.

They do not include processing, shipping, transport and delivery fees, which are charged in addition, under the conditions indicated on the Website and calculated prior to placing the order.

If the Customer requests a faster or more expensive shipping method than standard shipping, the additional delivery charges, as shown at the time of order confirmation by the Customer, are entirely at their expense.

The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.

An invoice is issued by the Seller and given to the Customer upon delivery of the Products ordered.

 

ARTICLE 7 - Payment Terms

The price is payable in full, in cash, on the day the order is placed by the Customer.

The dispatch of the order and the delivery of the ordered Products are conditional upon the actual payment by the Customer.

Payment is made via secure payment, according to the following terms:

• By bank cards: Carte Bancaire, Visa, MasterCard, American Express.
• Via Apple Pay or Paypal.

Payment by bank card is irrevocable, except in cases of fraudulent use of the card. In such cases, the Customer may request cancellation of the payment and a refund of the corresponding amounts.

Payment data is exchanged in encrypted mode using the SSL/TLS security protocol.

Payments made by the Customer will only be considered final after the Seller has effectively received the sums due.

Furthermore, the Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of pending orders placed by the Customer.

No additional fees, exceeding the costs incurred by the Seller for the use of a payment method, may be charged to the Customer.

 

ARTICLE 8 - Deliveries

Article 8.1 deadlines

The Products ordered by the Customer will be delivered in mainland France (and in the countries of the European Union) within a period of seven to twenty working days from the order confirmation with effective payment on the Website.

Delivery consists of the transfer to the Customer of physical possession or control of the Product.

Except in special cases or if one or more Products are unavailable, the Products ordered will be delivered in a single shipment.

If the Products ordered have not been delivered within 60 days , for any reason other than force majeure or the Client's own actions, the sale may be cancelled at the Client's written request under the conditions provided for in Articles L 216-2, L 216-3, and L241-4 of the Consumer Code.

The sums paid by the Client will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.

In the event of non-conformity of the delivered Product, the Seller undertakes to remedy it or to reimburse the Customer, as indicated in the article - "Seller's Liability - Warranty".


Article 8.2 - Delivery costs

Delivery charges in France for orders with a purchase amount less than 100 euros are 9.90 euros, above this amount delivery charges are free (in France only).

For deliveries to other countries in the European Union, the delivery costs are €12.90 (except in Switzerland where the delivery cost is €49.90, and may increase depending on the weight of the items).

Deliveries to French overseas territories may be possible, however prices vary and can be high, please contact us for a quote.

International shipping costs start from €19.90, and prices may vary depending on the country. Please contact us for a quote.

Plafonnier-prestige.fr reserves the right to modify or cancel these fees at any time. This modification does not require notification to website customers.

Article 8.3 transport

The Seller assumes the risks of transport and is required to reimburse the Customer in case of damage caused during transport.

Deliveries are made by an independent carrier, to the address provided by the Customer when placing the order and to which the carrier can easily access.

When the Customer has arranged for a carrier of their own choosing, delivery is deemed to have taken place upon the Seller handing over the Products ordered to the carrier, provided that the Seller has handed over the Products sold to the carrier who has accepted them without reservation.

The Customer therefore acknowledges that it is the carrier's responsibility to carry out the delivery and has no recourse against the Seller for any failure to deliver the transported goods.

In the event of a special request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the costs related thereto will be subject to a separate additional invoice, based on a quote previously accepted in writing by the Customer.

The Customer is required to check the condition of the delivered products. They have a period of 3 days from delivery to make in writing (postal mail, email, fax) any reservations or claims for non-conformity or apparent defect of the delivered Products (for example, damaged or already opened package...), with all supporting documents (including photos).

After this period and if these formalities have not been respected, the Products will be deemed compliant and free from any apparent defects and no claim will be validly accepted by the Seller.

The Seller will reimburse or replace as soon as possible and at its own expense, the Products delivered whose non-conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these General Terms and Conditions of Sale (see guarantees, in particular).

 

ARTICLE 9 - Transfer of Ownership - Transfer of Risk

Ownership of the Seller's Products will transfer upon acceptance of the order by the Seller, formalizing the agreement of the parties on the item and the price, regardless of the date of payment and delivery.

 

ARTICLE 10 - Right of withdrawal

In accordance with applicable legal provisions, the Customer has a period of fourteen (14) days from receipt of the Product to exercise their right of withdrawal with the Seller, without having to justify 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 10 days of notifying the Seller of the Customer's decision to withdraw.

Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete products will not be accepted for return.

The right of withdrawal can be exercised online, using the withdrawal form available on the Website (hereinafter), 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 wish to withdraw.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded; the return costs will remain the responsibility of the Customer.

The refund will be processed within 14 days. days (at most) from the notification to the Seller of the decision to withdraw.

 

ARTICLE 11 - Seller's Liability - Warranty

The Seller (EcomSphere Labs LLC - 704 Wallace St, Suite 341, Clovis, NM 88101) bears the legal guarantees of conformity as well as the guarantee against hidden defects.

The Products sold on the Website comply with the regulations in force in France and have performance levels compatible with non-professional uses.

The Products supplied by the Seller benefit, by right and without additional payment, independently of the right of withdrawal, in accordance with legal provisions:

• of the legal guarantee of conformity, for Products that are apparently defective, damaged or broken, or do not correspond to the order,

• of the legal guarantee against hidden defects arising from a flaw in materials, design or manufacturing affecting the delivered products and rendering them unfit for use,

Under the conditions and according to the terms referred to in the box below and defined in the appendix to these General Terms and Conditions of Sale (Guarantee of Conformity / Guarantee against Hidden Defects).

It is recalled that under the legal guarantee of conformity, the Customer has a period of two years from the delivery of the goods to take action against the Seller;

The Customer 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.

The Customer is exempt from providing proof of the existence of the Product's non-conformity during the twenty-four months following delivery of the Product.

This warranty covers exclusively defects in conformity existing at the time of delivery of the product.

Any claim related to this warranty must be submitted to customer service within a reasonable timeframe after discovering the defect, accompanied by proof of purchase and supporting documentation (photographs, videos, detailed description of the problem). The seller reserves the right to request additional information and to have the product examined by an expert.

The legal guarantee does not cover damage resulting from misuse, shock, faulty installation, negligence, improper maintenance, unauthorized modification of the product, normal wear and tear, or exposure to humidity or extreme temperatures.

This also does not apply if the product has been used for professional, commercial, or collective purposes. Products must be used in accordance with the instructions and specifications provided.

In the event of a proven defect, the seller may choose between repairing or replacing the defective product, subject to availability. If both options are impossible or disproportionate, a partial or full refund may be considered in exceptional circumstances.


No exchange or refund will be issued without the product being returned in its entirety, ideally in its original packaging, after validation by customer service. Return shipping costs are the responsibility of the customer, unless the defect is confirmed after inspection.

The seller cannot be held responsible for a lack of conformity when the customer is aware of it or could not have ignored the defect at the time of ordering (particularly in the case of a product marked as refurbished, on display or with a minor defect visible in the product description).


In any case, the customer is advised to carefully check the condition of the package upon receipt. In the event of any visible damage (damaged or opened package, etc.), a claim must be made immediately to the carrier and reported to customer service within 48 hours.

The legal guarantee of conformity applies independently of any commercial guarantee that may cover the Product.

The Customer may decide to implement the warranty against hidden defects of the Product in accordance with Article 1641 of the Civil Code; in this case, he may choose between the termination of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

In order to assert its rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 2 years from the discovery of the hidden defects without this period being able to exceed the five-year limitation period for contractual liability.

The Seller will refund, replace or repair Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be refunded based on the invoiced rate and return costs will be refunded upon presentation of proof of payment.

Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 30 days of the Seller's confirmation of the non-compliance or hidden defect.

The refund will be made by credit to the Client's bank account or by bank check sent to the Client.

The Seller shall not be held liable in the following cases:

• non-compliance with the legislation of the country in which the products are delivered, which is the Client's responsibility to verify,

• in case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.

The Seller's warranty is, in any event, limited to the replacement or refund of non-conforming or defective Products.

Products purchased on the Website may benefit, in addition to the legal guarantees of conformity and hidden defects, from a paid contractual guarantee as indicated in the description of each Product concerned, according to the terms, conditions and prices set out in the appendix to these General Terms and Conditions of Sale (Warranty Contract).

 

ARTICLE 12 - Protection of personal data

In accordance with Law 78-17 of 6 January 1978 as amended by Law No. 2018-493 of 20 June 2018, it is noted, in accordance with the Site's privacy policy , that the personal data requested from the Customer is necessary for the processing of their order and the issuing 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 via the Website complies with legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.

In accordance with applicable national and European regulations, the Client has a permanent right of access, modification, rectification, objection, portability and limitation of processing with regard to information concerning him/her.

This right can be exercised under the conditions and according to the procedures defined on the Website via its privacy notice.

ARTICLE 13 - Intellectual Property

In accordance with the Terms and Conditions of Plafonnier Prestige, the content of the Website is the property of Plafonnier Prestige and its partners and is protected by French and international laws relating to intellectual property.

Any reproduction, in whole or in part, of this content is strictly prohibited and may constitute an infringement of copyright.

 

ARTICLE 14 - Unforeseen Circumstances

In the event of unforeseen changes in circumstances at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party which did not agree to assume a risk of excessively onerous performance may request a renegotiation of the contract from its co-contractor.

 

ARTICLE 15 - Force majeure

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, arises from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

 

ARTICLE 16 - Applicable Law - Language

These General Terms and Conditions of Sale and the transactions arising 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.

 

ARTICLE 17 - Disputes

All disputes arising from purchase and sale transactions concluded under these general terms and conditions of sale, concerning their validity, interpretation, execution, termination, consequences and subsequent effects, which could not be resolved between the seller and the customer, shall be submitted to the competent courts under the conditions of common law.

The Customer is informed that he may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies, whose references appear on the Website or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

The seller is a member of the following consumer mediator:

In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, our company has implemented a consumer mediation system. The designated mediation entity is: MEDIATION CONSOMMATION DÉVELOPPEMENT/MED CONSO DEV. In the event of a dispute, you can submit your complaint on their website: http://medconsodev.eu/ or by mail to: CNPM MEDIATION CONSOMMATION, Centre d'Affaires Stéphanois SAS, IMMEUBLE L'HORIZON – ESPLANADE DE FRANCE, 3 RUE J. CONSTANT MILLERET – 42000 SAINT-ÉTIENNE, France

At the European level, the European Commission provides consumers with an online dispute resolution platform, the link to which can be found on the Seller's website and below:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

The client, noting that a violation of the general data protection regulation has been committed, has the possibility of mandating an association or body mentioned in IV of article 43 ter of the 1978 Data Processing and Freedom Act, in order to obtain redress against the data controller or processor before a civil or administrative court or before the national commission for information technology and freedoms.

ARTICLE 18 - Pre-contractual information - Customer acceptance

Placing an order on the Website by a natural person (or legal entity) implies full and complete 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 rely on any contradictory document, which would be unenforceable against the Seller.

APPENDIX I - Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

The seller is obligated to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was the seller's responsibility under the contract or was carried out under the seller's supervision.

Article L217-5 of the Consumer Code

To comply with the contract, the goods must:

• To be fit for the purpose for which goods of the same type are normally used and, where applicable: to correspond to the description given by the seller and to possess the qualities that the seller presented to the buyer in the form of a sample or model
• to possess the qualities that a buyer can legitimately expect, given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling
• Or present the characteristics defined by mutual agreement between the parties or be suitable for any special purpose 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 requests the seller, during the term of the commercial warranty granted upon the purchase or repair of movable property, to carry out repairs covered by the warranty, any period of immobilization of at least seven days is added to the remaining term of the warranty. This period begins from the date of the buyer's request for service or the date the property is made available for repair, if the latter is later than the request for service.

Article 1641 of the Civil Code

The seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them.

Article 1648, paragraph 1 of the Civil Code

The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.

 

APPENDIX II - Withdrawal Form

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.plafonnier-prestige.fr except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.

To the attention of “Seller's Number and Street Address”
“Seller’s postal code”
“Seller’s City”

 

I, the undersigned, ……………………………………..(NAME AND SURNAME), residing at ……………………………. (ADDRESS), hereby notify you of my withdrawal from the contract referenced below

• Order of ……………………….
• Order number: ...........................................................
• Customer Name: ...........................................................................
• Customer Address: .......................................................................

Customer signature (only if this form is submitted on paper):