TERMS AND CONDITIONS OF SALE
ARTICLE 1 - PREAMBLE
These Terms and Conditions of Sale are entered into between:
ASORIAX
A French SARL with share capital of EUR 10,000
33 Avenue Jean Jaurès
19360 Malemort
FRANCE
Brive Trade and Companies Register (RCS): 108 169 327
SIREN: 108 169 327
SIRET: 108 169 327 00013
Intra-Community VAT number: FR22 108169327
Telephone: 07 68 62 24 71
Email: lumiwear@asoriax.fr
Hereinafter referred to as the “Seller”,
and any adult natural person acting for purposes outside their trade, business, craft, liberal or agricultural activity and wishing to make a purchase on:
LUMIWEAR.FR
Hereinafter referred to as the “Customer”.
These Terms and Conditions of Sale govern the sale of products offered on LUMIWEAR.FR.
Any order validated on the website implies the Customer's full and unconditional acceptance of these Terms and Conditions of Sale in the version applicable on the date of the order.
ARTICLE 2 - PURPOSE
These Terms and Conditions of Sale define the respective rights and obligations of the Seller and the Customer in connection with the online sale of products offered on LUMIWEAR.FR.
They notably set out the conditions relating to:
- placing orders;
- prices;
- payment methods;
- order preparation;
- delivery;
- the right of withdrawal;
- returns;
- warranties;
- after-sales service;
- the liability of the parties.
ARTICLE 3 - ORDERS AND AVAILABILITY
The Customer declares that they are at least 18 years old and have the legal capacity to enter into a sales contract.
Creating a customer account is only mandatory where required by the operation of the website. Where guest checkout is available, the Customer may place an order without creating an account.
The Customer is responsible for the accuracy of the information provided when placing an order, including:
- identity details;
- billing address;
- delivery address;
- email address;
- telephone number.
Before finally confirming the order, the Customer has the opportunity to review its contents, total price and the information provided and, where necessary, correct any errors.
Final confirmation of the order implies:
- acceptance of the selected products;
- acceptance of their price;
- acceptance of these Terms and Conditions of Sale;
- an obligation to pay for the order.
After confirmation, ASORIAX sends the Customer an order confirmation by email.
A request to amend or cancel an order may be submitted to ASORIAX provided that the order has not already been prepared, personalised, dispatched or handed over to the carrier.
ASORIAX cannot, however, guarantee that a modification will remain possible after the order has been confirmed.
Product offers are subject to availability.
If a product becomes unavailable after the order has been confirmed, ASORIAX will inform the Customer as soon as possible and, depending on the circumstances, may offer a replacement, an additional waiting period or a refund of the corresponding amounts.
ARTICLE 4 - DELIVERY
Orders are prepared and dispatched as soon as reasonably possible, subject in particular to:
- product availability;
- payment confirmation;
- preparation time;
- any required manufacturing, assembly or personalisation work.
The available delivery methods, their prices and estimated delivery times are displayed before final confirmation of the order.
Delivery times provided by carriers are indicative unless a specific delivery period has been expressly agreed.
The Customer must provide a complete, accurate and accessible delivery address, together with any information required to enable successful delivery.
ASORIAX cannot be held liable for a delay or failure to deliver resulting from inaccurate or incomplete information supplied by the Customer.
Upon receipt of the parcel, the Customer is advised to inspect its condition and that of the products.
In the event of any obvious transport-related damage or irregularity, the Customer is advised to make the appropriate reservations with the carrier and inform ASORIAX as soon as possible.
These steps do not affect the Customer's statutory rights.
In the event of a delay in delivery, the Customer benefits from the rights provided for under applicable law, particularly where an order is not delivered within the agreed period or, failing this, within the applicable statutory period.
Delivery outside the European Union
Orders delivered outside the European Union may be subject to customs duties, import taxes or other charges imposed by the country of destination.
Unless otherwise stated, such charges are payable by the Customer.
The Customer is advised to obtain information from the competent authorities in their country.
ARTICLE 5 - PAYMENT METHODS
The Customer may pay for the order using the payment methods offered on LUMIWEAR.FR at the time of purchase.
The payment methods actually available are displayed during the checkout process.
Electronic payments are processed by secure payment service providers.
Full card payment details are not disclosed in clear text to ASORIAX.
Where payment by bank transfer is offered, the order may be placed on hold until the funds have actually been received.
ASORIAX reserves the right to suspend or cancel an order in particular in the event of:
- payment refusal;
- incomplete payment;
- suspected fraud;
- a payment incident relating to a previous order.
ARTICLE 6 - PRICES
Product prices are displayed in euros.
Where applicable, VAT is included in the price displayed to the Customer.
Any delivery, handling or other additional charges are indicated before final confirmation of the order.
ASORIAX reserves the right to change its prices at any time.
Products are nevertheless invoiced at the price displayed and accepted by the Customer when the order is confirmed.
In the event of an obvious pricing error resulting, for example, from a technical malfunction or clear clerical error, ASORIAX may contact the Customer and offer either to confirm the order at the corrected price or cancel it.
ARTICLE 7 - RIGHT OF WITHDRAWAL / RETURNS / EXCHANGES
7.1 General principle
Subject to the exceptions provided for by law, a consumer Customer has a period of fourteen days in which to exercise their right of withdrawal without having to provide a reason.
This period runs from the date on which the Customer, or a third party designated by the Customer other than the carrier, receives the goods.
To exercise the right of withdrawal, the Customer must inform ASORIAX of their decision by means of an unambiguous statement:
By email: lumiwear@asoriax.fr
or by post:
ASORIAX
33 Avenue Jean Jaurès
19360 Malemort
FRANCE
The Customer may use the standard withdrawal form made available on the website, but this is not mandatory.
7.2 Returning products
After notifying ASORIAX of the decision to withdraw, the Customer has a maximum period of fourteen days in which to return the product.
Unless otherwise required by law or stated by ASORIAX, the direct cost of returning the goods is payable by the Customer.
Products must be returned:
- complete;
- together with any accessories;
- adequately protected for transport;
- in a condition allowing them to be inspected.
The Customer may be held liable for any reduction in value resulting from handling beyond what is necessary to establish the nature, characteristics and proper functioning of the product.
Returns should be sent to:
ASORIAX
33 Avenue Jean Jaurès
19360 Malemort
FRANCE
7.3 Personalised products
In accordance with applicable law, the right of withdrawal does not apply in particular to goods made to the consumer's specifications or clearly personalised.
This exclusion may in particular apply to LUMIWEAR products specifically manufactured or modified at the Customer's request, for example where they include:
- personalisation;
- marking;
- a specific design;
- text or a logo supplied by the Customer;
- specific dimensions or characteristics;
- a configuration produced specifically for the Customer.
Standard products that do not fall within a statutory exception remain subject to the right of withdrawal.
This exclusion does not affect the Customer's statutory rights in the event of defective or non-conforming goods.
7.4 Refunds
Where the right of withdrawal is validly exercised, ASORIAX will refund the amounts due in accordance with the time limits and procedures provided for by applicable law.
ASORIAX may defer the refund until it has recovered the goods or until the Customer provides evidence that they have sent them back, whichever occurs first.
ARTICLE 8 - WARRANTIES
Products sold on LUMIWEAR.FR benefit from the statutory warranties provided for by applicable law.
8.1 Statutory guarantee of conformity
ASORIAX is liable for lack of conformity under Articles L.217-3 et seq. of the French Consumer Code.
In the event of a lack of conformity, the Customer may, subject to the conditions provided for by law, be entitled to have the goods brought into conformity by repair or replacement.
Where the applicable statutory conditions are met, the Customer may also be entitled to a price reduction or termination of the contract.
The statutory guarantee of conformity is implemented free of charge for the consumer under the conditions provided for by law.
8.2 Warranty against hidden defects
The Customer also benefits from the warranty against hidden defects provided for by Articles 1641 et seq. of the French Civil Code.
Under the conditions provided for by law, the Customer may choose to:
- return the product and obtain a refund of the purchase price;
- keep the product and obtain a reduction in the price.
Any claim based on hidden defects must be brought within the period laid down in Article 1648 of the French Civil Code.
ARTICLE 9 - ORDER CONFIRMATION AND EVIDENCE
Where the Customer uses an account, their login credentials are personal and confidential.
The Customer is responsible for keeping them secure and must inform ASORIAX as soon as possible if they suspect fraudulent use of their account.
Final confirmation of the order constitutes evidence of the Customer's consent and creates an obligation to pay.
Data recorded by the information systems of ASORIAX and its service providers may be used as evidence of orders, payments and communications between the parties, subject to applicable legal provisions.
In the event of fraudulent use of a payment method, the Customer is advised to contact their bank immediately and also notify ASORIAX at:
ARTICLE 10 - LIABILITY
ASORIAX is responsible for the proper performance of its obligations under the conditions provided for by applicable law.
ASORIAX seeks to describe as accurately as possible the essential characteristics of the products offered on LUMIWEAR.FR.
Photographs and other visual representations of products are provided for illustrative purposes.
Depending in particular on the screen used, brightness, colour rendering or photography, slight differences may exist between the visual representation of a product and its actual appearance.
ASORIAX cannot be held liable where non-performance or improper performance of the contract is attributable to:
- the Customer;
- the unforeseeable and unavoidable act of a third party to the contract;
- an event of force majeure.
ASORIAX also cannot be held liable for malfunctions relating to the Internet or third-party technical services beyond its control, subject to any mandatory statutory provisions to the contrary.
ARTICLE 11 - PERSONAL DATA
In connection with the operation of LUMIWEAR.FR, ASORIAX may collect and process personal data in particular for the following purposes:
- managing customer accounts;
- recording and processing orders;
- processing payments;
- preparing and dispatching orders;
- arranging deliveries;
- issuing invoices;
- managing returns and refunds;
- providing after-sales service;
- responding to Customer enquiries;
- preventing fraud;
- ensuring website security;
- complying with legal and regulatory obligations.
Certain data may be disclosed to service providers necessary for these operations, including payment service providers, carriers, logistics providers, hosting providers and technical providers.
ASORIAX does not sell its customers' personal data.
The Customer has the rights provided for under applicable data protection legislation, including the rights of access, rectification, erasure, restriction, objection and, where applicable, data portability.
To exercise these rights:
The Customer is invited to consult the Privacy Policy available on LUMIWEAR.FR for detailed information on the processing of personal data.
ARTICLE 12 - INTELLECTUAL PROPERTY
The structure of LUMIWEAR.FR, together with its texts, photographs, illustrations, graphics, videos, logos, trademarks, software and other website content, is protected by applicable intellectual property legislation.
Depending on the relevant item, such content belongs to ASORIAX, its partners or the relevant rights holders.
Any unauthorised reproduction, representation, modification, adaptation or exploitation of all or part of the website is prohibited, unless otherwise permitted by law or authorised in advance by the relevant rights holder.
Where the Customer supplies ASORIAX with a logo, image, text, photograph or any other content for the purpose of personalising a product, the Customer warrants that they hold all rights and authorisations necessary for its use.
The Customer remains responsible for the content they provide and warrants that it does not infringe any third party's intellectual property rights, image rights, privacy rights or other rights.
ASORIAX reserves the right to refuse a personalisation request containing content that is manifestly unlawful or likely to infringe third-party rights.
ARTICLE 13 - ENTIRE AGREEMENT AND SEVERABILITY
If any provision of these Terms and Conditions of Sale is declared invalid, unlawful or unenforceable, the remaining provisions will continue to apply in full.
ARTICLE 14 - DURATION
These Terms and Conditions of Sale apply for as long as the offers to which they relate remain available online.
ASORIAX may amend these Terms and Conditions of Sale at any time.
The version applicable to an order is the version accepted by the Customer when that order is confirmed.
ARTICLE 15 - EVIDENCE
Electronic records stored in the information systems of ASORIAX and its service providers under appropriate security conditions may constitute evidence of communications, orders, payments and transactions between the parties.
ARTICLE 16 - RETENTION AND ARCHIVING OF TRANSACTIONS
ASORIAX retains documents relating to orders, invoices and transactions for the periods required to comply with its legal, accounting, tax and contractual obligations.
Where a contract entered into electronically must be archived under applicable law, ASORIAX ensures that it is retained in conditions designed to preserve its integrity and make it accessible under the conditions required by law.
ARTICLE 17 - APPLICABLE LAW AND DISPUTE RESOLUTION
These Terms and Conditions of Sale are governed by French law.
In the event of a difficulty or dispute, the Customer is invited to contact ASORIAX first in order to seek an amicable solution:
Where the statutory conditions are met, the consumer may use a consumer mediation service free of charge after first submitting a written complaint to ASORIAX.
The contact details of the consumer mediator competent for ASORIAX must be communicated to consumers in accordance with applicable regulations.
If no amicable resolution can be reached, the competent courts will be determined in accordance with applicable legal rules.
LEGAL INFORMATION
WEBSITE PUBLISHER
The LUMIWEAR.FR website is published by:
ASORIAX
A French SARL with share capital of EUR 10,000
33 Avenue Jean Jaurès
19360 Malemort
FRANCE
Brive Trade and Companies Register (RCS): 108 169 327
SIREN: 108 169 327
SIRET: 108 169 327 00013
Intra-Community VAT number: FR22 108169327
Telephone: 07 68 62 24 71
Email: lumiwear@asoriax.fr
PUBLICATION DIRECTOR
Publication Director: Laurent Astruc
Editorial Manager: Laurent Astruc
HOSTING
LUMIWEAR.FR is hosted by:
Hostinger International Ltd.
61 Lordou Vironos Street
6023 Larnaca
Cyprus
INTELLECTUAL PROPERTY
The general structure of LUMIWEAR.FR, together with its texts, photographs, illustrations, graphics, videos, logos, trademarks, databases, software and other website content, is protected under applicable intellectual property legislation.
Depending on the relevant item, such content belongs to ASORIAX, its partners or the relevant rights holders.
Any total or partial reproduction, representation, modification, adaptation, distribution or exploitation without prior authorisation is prohibited, except where permitted by law.
Any trademarks and distinctive signs displayed on the website remain the property of their respective owners.
PERSONAL DATA
ASORIAX processes personal data in accordance with applicable regulations, including the General Data Protection Regulation (GDPR).
Depending on the conditions provided for by applicable law, data subjects may in particular have the following rights:
- right of access;
- right to rectification;
- right to erasure;
- right to restriction of processing;
- right to object;
- right to data portability where applicable;
- right to withdraw consent where processing is based on consent.
For any request:
or by post:
ASORIAX
33 Avenue Jean Jaurès
19360 Malemort
FRANCE
Detailed information concerning the processing of personal data is provided in the Privacy Policy available on LUMIWEAR.FR.
COOKIES
LUMIWEAR.FR may use cookies that are strictly necessary for the operation of the website and, subject to the visitor's consent where required, cookies or tracking technologies relating to audience measurement or certain third-party services.
Cookie preferences can be managed using the consent management tool available on the website.
Detailed information is provided in the Cookie Policy available on LUMIWEAR.FR.