GENERAL TERMS AND CONDITIONS OF SALE (GTCS)

 

The GTCS define the rights and obligations of the parties in the context of the sale of products (hereinafter the "products"), via the website www.luzbyluz.com (hereinafter the "site"). These GTCS govern any sale of products made on the site.

 

1. Identification of the seller

The GTCS are concluded between, on the one hand, Maria Fabiola LEGRAIN SANABRIA(+32 491 91 59 21 – info@luzbyluz.com), administrator to the activity “Tinkuy Productions”(+32 491 91 59 21 – info@luzbyluz.com), affiliated to PRODUCTIONS ASSOCIEES ASBL, registered with the Crossroads Bank of Enterprises in Belgium under number 0896.755.397 (VAT BE 0896.755.397), whose registered office is located at 70, Rue Emile Féron, 1060 Brussels, Belgium, hereinafter "LUZ", and, on the other hand, the person placing an order, hereinafter the "customer". The customer and LUZ are hereinafter jointly referred to as the "parties".

LUZ products are clothing and accessories portraying emotions, stories and thoughts.

 

2. Scope and acceptance of the General Conditions of Sale

Any order for a product offered on the site (hereinafter the "order") implies prior consultation and express acceptance of the GTCS by the customer, without this acceptance being conditional on a handwritten signature by the customer. In accordance with the provisions of the law of 9 July 2001 laying down certain rules relating to the legal framework for electronic signatures and certification services, the validation of the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature and is proof of the completeness of the order and of the payability of the sums due in execution of said order.

Note that the GTCS can be viewed when asked to confirm that they accept them. To materialize this acceptance, the customer must check the box “I have read and accept the General Conditions of Sale of the luzbyluz.com site”.

The customer who wishes to purchase a product on the site declares that he/she has full legal capacity.

LUZ Products are exclusively intended for sale to final consumers, physical persons or non-professional legal customers, to the exclusion of all resellers or intermediaries acting on behalf of resellers. Consequently, the customer affirms that he/she acts as an end consumer and that he does not intend to resell the Products for a commercial purpose.

LUZ can update these Terms and Conditions at any time.

The GTCS in force at the time of the conclusion of the sales contract are those which are enforceable against the customer.

3. Products on sale

The products offered for sale are those which appear on the site, with a description of their essential characteristics, on the day and at the time of consultation of the site by the customer, and within the limits of available stocks.

Errors or modifications may exceptionally exist, in particular in the case of simultaneous orders of the same Product by several customers.

In the event of unavailability of a Product after placing an order, LUZ will inform the customer thereof by e-mail or by telephone as soon as possible, by proposing either to order another Product presented on the Site as a replacement, or to cancel the order at no cost(in which case the customer will be reimbursed for the amount of the order if he has already paid for it).

LUZ does not incur any responsibility in the event of out of stock or unavailability of the Products for orders not yet accepted by LUZ.

LUZ reserves the right to change the Products offered on the Site at any time and without notice.

In order to ensure a better quality of service and availability of its Products to all the customers of the Site, LUZ reserves the right to limit the quantity of Products that can be purchased by a customer.

Due to the technical limitations of color rendering on the computer equipment of the customer, LUZ cannot be held responsible for errors or non-substantial inaccuracies in the photographs or graphic representations of the Products appearing on the Site.

4. Price

The price of each Product is indicated on the site in Euros,  including VAT.

This price is valid in the countries for which delivery is possible on the site, and does not include preparation and delivery costs, also to be paid by the customer, nor the deduction of any discount or voucher granted to the customer on a personal basis.

The price exclude also any customs fees for orders outside the EU which remain the responsibility of the customer.

LUZ reserves the right to modify the prices of the Products offered on the Site at any time and without notice.

The Products are invoiced on the basis of the prices displayed on the Site at the time of placing the order, subject to the availability of the Products ordered at this time.

All orders are payable in Euros and must be paid immediately upon placing the order.

At the time of ordering, the customer undertakes to pay, in addition to the purchase price of the products ordered, the preparation and delivery costs (hereinafter the "costs"). These costs vary according to the type and quantity of products ordered and the delivery method chosen, and are inclusive of VAT. The customer can consult the amount of these costs on the site by consulting his "Basket", where a calculation of the total amount corresponding to the purchase price of the products and the costs is displayed. LUZ reserves the right to modify the amount of the fees at any time, but the fees will be invoiced on the basis of the rates in force at the time the order is validated, and subject to availability. These charges remain payable and will not be refunded if the customer returns all or part of the order under the right of withdrawal.

Products are only delivered to countries where the site allows delivery. customers wishing to be delivered to one of the authorised countries but to an island within these countries will be charged a delivery supplement. Incorrect delivery addresses are the responsibility of the customer and may result in additional charges. The delivery times indicated are not binding but are given as an indication only. No delay in delivery shall give rise to the payment of damages to the customer. LUZ is entitled to make partial deliveries. In the event of non-delivery of the goods, any sums paid by the customer will be reimbursed without interest or other compensation.

5. Order terms

Any order placed on the Site implies express acceptance of the GTCS and implies acceptance of the prices and Products available for sale on the Site.

The customer who wishes to place an order must follow the following procedure:

1. Choice of Product: the customer must select the Product he wishes to order, specify the size and choose the option(s).

2. Verification of the content of the customer’s selection: the customer verifies the content of his basket while retaining the possibility of deleting the Products he/she has selected.

3. Verification of the customer’s order: the customer verifies the content of his order, the total price and the information necessary for identification: name, delivery and billing addresses while retaining the possibility of deleting a Product or modifying the billing and delivery address. LUZ cannot be held responsible for the consequences of providing incorrect information.

4. Order validation: After completing the order form, the customer is invited to complete the order process by clicking on "Confirm my order". The validation of the order is only possible after choosing the method of delivery and payment and having checked the corresponding box of acceptance the GTCS.

5. Acknowledgment of receipt of the order: the customer receives from LUZ an e-mail summarizing the content of his order, namely:

   • the number and the date of the order

   • the list of Products ordered, their main characteristics and their amounts;

   • the identity of the seller, LUZ, including the company number, telephone number and e-mail address;

   • the total price of the products including all taxes and any additional transport, delivery and other costs;

   • the delivery and billing addresses;

   • the delivery and payment method;

   • the procedures laid down for handling complaints;

   • the conditions, period and procedures for exercising the right of withdrawal;

   • the conditions under which the consumer shall not benefit from the right of withdrawal, as set out in Art. 8° the conditions under which the consumer will not benefit from the right of withdrawal, as laid down in Art. VI. 53 of the Code of Economic Law and Art. 8 of the GTCS;

   • the existence of a two-year guarantee of conformity, as provided for in Articles 1649bis to 1649octies of the Civil Code, and a guarantee against hidden defects, as provided for in Articles 1641 to 1649 of the Civil Code, and in Art. 11 of the GTCS;

   • the possibility to address the European platform for dispute resolution, in order to initiate an amicable settlement procedure.

The customer is advised to keep this document, official proof of his order. The order is then recorded and processed by LUZ, which checks the availability of the Product(s) ordered. Any order placed implies acceptance of the prices and descriptions of the Products available for sale.

1. Confirmation of dispatch of the order: the customer receives an e-mail summarizing the content of his order and confirming the dispatch. The contract is deemed to have been concluded on the date of sending this email.

The data recorded by LUZ, as well as the order confirmation, will constitute proof of the contractual relations between the parties

LUZ reserves the right not to accept an order from a customer with whom it is in dispute for a previous order, or if LUZ reasonably believes that this customer has breached these GTCS or that he has engaged in an activity fraudulent, or for refusal to authorise payment by credit card by banking organisations, or for any other legitimate reason. In this case, the responsibility of LUZ could not, in any case, be engaged.

6. Payment terms

The fact of validating your order implies for you the obligation to pay the price indicated. 

The payment of your purchases is made by secure system thanks to the means of payment offered by the Editorix platform.

The Products ordered remain the property of LUZ until full collection of the price by LUZ. However, the customer assumes the risks (in particular of loss, theft or deterioration) concerning the Products delivered from the moment they are delivered to the address indicated when ordering.

7. Delivery terms

Delivery is made by LUZ in Europe (in the countries specified in the purchase form).

The amount of preparation and shipping costs depends on the country and the total amount of the order. They will be detailed on the invoice.

LUZ cannot be held responsible for any action and / or costs and / or taxes (which are the responsibility of the customer) and / or delays due to the customs services over which it has no control.

As for the delay, it is possible that we exceed the indicated delay since we work by pre-order. It is therefore possible that a production problem or other delays your order. In case of delay in shipping, an email will be sent to you to inform you of a possible consequence on the delivery time that has been indicated.  This delay may not give rise to any cancellation of the order, to any reduction in the price paid by the customer and to any payment for damages being specified that in certain particular cases, the indicated delay may be longer.

If the customer has appointed the delivery method, the transfer of risk to the customer shall take place at the moment when the ordered products are made available to the delivery method. Proof of this shall be provided by the control system used by the supplier.

The customer must check the conformity of the Products delivered at the time of delivery and before signing the delivery note from the carrier. He/she must indicate on this delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damaged product, etc.). This verification is considered to have been carried out as soon as the customer, or a person of his choice, has signed the delivery slip. No complaint about the state of the delivered package (s) will then be admissible. In case of reservations on the delivery, the customer must also confirm them to the carrier at the latest within 3 working days of receipt of the item (s) and send a copy of this letter to LUZ by email at daniela@luzbyluz.com.

In the event of an incomplete address, wrong address, refusal of the parcel by the recipient or lack of information leading to an impossibility of delivering the Product to the recipient in due time, LUZ cannot be held responsible for the final quality of this delivery. If this lack of information leads to a second presentation to the recipient, LUZ will be entitled to ask the customer for the costs corresponding to this second delivery. The customer is subject to the general conditions of delivery of the carrier which, in certain cases, if he/she does not submit to them may impact the quality of delivery.

Thus, in the absence of the recipient, according to the general conditions of delivery of the carrier, the product can be presented again and / or dropped off at an agreed relay point and / or in front of the customer’s home and / or in a “Sorting – waiting” of the carrier and / or returned to LUZ which cannot be held responsible for any theft, loss, damage to the Products in connection with their delivery and, in general, for the final quality of the delivery.

In the event of impossibility of delivery and if the product was then returned to LUZ by the transporter, LUZ will not make any new delivery.

8. Right of withdrawal

In accordance with the Belgian Code of Economic Law, the customer has a period of 14 calendar days, starting from the day after the day of delivery of the product purchased on the Site to notify customer service of the will to return the Product, without penalty and without giving reasons.

For any return, the customer must first contact customer service via email: daniela@luzbyluz.com to inform them of their decision to use their right of withdrawal, giving a detailed description of the item(s) concerned, with reference to the number and date of the invoice issued. Any package returned after the announced deadlines will be refused and returned to the sender. No parcel returned for cash on delivery will be accepted, whatever the reason. The costs and risks related to the return of Products are the responsibility of the customer. For the customer service to accept the exchange and / or refund, the Product must be returned complete in its original packaging, undamaged, with its label hung, or worn, accompanied by all its accessories and a copy of the purchase invoice. The customer will not have to justify reasons or pay penalties, with the exception of return costs.

LUZ cannot be held responsible for any loss, theft or damage to the package.

Packages for which the identification of the customer (name, first name, address and return code) will not be possible, will be refused.

All returns must be made to the following address:

     Tomberg 25

     1200 Woluwe-Saint-Lambert

     Belgium

by a traceable method (MODIAL RELAY,UPS, FEDEX, DHL, RAR, etc.) and the tracking number must be communicated to LUZ.

LUZ, in the event of regular exercise of this right by the customer, will reimburse the latter the sums paid by him corresponding to the acquisition of the returned Product (s) (therefore excluding any customs fees), in a maximum deadline of fourteen days, by bank transfer to the account used with the payment card addressed to the customer’s name, according to the terms agreed with the card issuer.

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL 

In accordance with the Belgian Code of Economic Law, the right of withdrawal does not apply to : 

- The supply of services fully executed before the end of the withdrawal period and whose execution has begun after prior express agreement of the consumer and express waiver of his right of withdrawal.

- The supply of goods made to the specifications of the consumer or clearly personalized.

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9. Protection of privacy with regard to customers’ personal data

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LUZ collects personal data about the customers, which are communicated to him on the site or by e-mail. LUZ undertakes not to disclose this data to third parties. These data are confidential. They will only be used by its internal services for the processing of orders, in order to reinforce and personalise communication, in particular by information letters/e-mails, as well as in the context of personalising the site according to the preferences noted by the buyers, or for monitoring solvency.

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LUZ therefore does not sell, market or rent to third parties any information concerning the customers. In the event of transfer or use by third parties of personal data, LUZ undertakes to inform the customer beforehand and to allow him to exercise his right of opposition. LUZ may also provide consolidated statistics relating to its customers, sales, trade patterns and information on the site to trusted third parties, but these statistics will not contain any personal data. However, this section shall not prevent the assignment or transfer of business to a third party.

LUZ shall keep personal data only for as long as is necessary to achieve the specific purposes for which the processing is carried out. In determining the appropriate period, account shall be taken of the amount, nature and sensitivity of the personal data, the purposes for which they are processed and the possibility of achieving those purposes by other means. Account is also taken of the need to comply with legal and regulatory obligations. When the data is no longer required, it is destroyed.

The customer has the right :

• to request information as to whether LUZ holds personal information and, if so, what that information is and for what purposes it is processed;

• to access their personal data and, if necessary, to rectify them;

• to object to the processing concerned on grounds relating to their particular situation;

• to obtain the erasure of such data or the restriction of their processing, which allows, for example, to request LUZ to suspend the processing of personal data for the time necessary to verify the accuracy of certain data;

• to receive personal data concerning him/her in a structured, commonly used and machine-readable format and to transmit these data to another controller;

• to lodge a complaint with the Data Protection Authority if he/she finds that the processing violates the applicable laws and regulations.

The customer may exercise the above-mentioned rights by means of a dated and signed request accompanied, for security reasons, by a copy of his/her identity card. The request can be sent to LUZ by post to the address Tomberg 25, 1200 Woluwe-Saint-Lambert, Belgium and by e-mail, with electronic signature, to the address daniela@luzbyluz.com. The exercise of these rights is free of charge. If, however, the request is manifestly unfounded or abusive, access may be refused and/or a reasonable fee may be charged.

The Site, to better meet the needs of the customer and personalized, uses cookies. The purpose of the cookie is to signal your visit to the Site.

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10. Limitation of liability

LUZ only contracts obligations of means, for all stages of access to the site, from the order, to delivery or subsequent services. LUZ shall not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses, or for any event that may be qualified as “force majeure”. In any event, LUZ's liability under the terms of the GTCS shall not exceed a sum equal to the sums paid or payable during the transaction giving rise to the said liability, whatever the cause or form of the action concerned.

LUZ cannot be held responsible for cases of force majeure such as a delay in execution or for the non-execution of its commitments due to all external circumstances, irresistible and unpredictable events beyond its reasonable control.

In the event that LUZ would be prevented or delayed by a case of force majeure in the execution of its commitments, LUZ undertakes to inform the customer thereof within 72 hours by specifying the precise elements constituting force majeure, the duration reasonably foreseeable delay or impediment. LUZ will then be released from the liability related to non-performance or delay in the performance of its obligations, but undertakes to use its best efforts to resume full performance without delay, In such a case of force majeure, LUZ may discretionarily terminate the order or any part of it, without liability, provided that the customer is reimbursed for the sums already paid. In any way, the customer may not invoke a case of force majeure to release himself even temporarily from an obligation to pay a sum of money.

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11. Guarantee of conformity

All products purchased are covered by the legal guarantee of conformity for two years, as set out in Articles 1649bis to 1649octies of the Civil Code, and the legal guarantee for hidden defects, as set out in Articles 1641 to 1649 of the Civil Code. In accordance with Articles 1649bis to 1649octies of the Civil Code, customers have, inter alia, the right to obtain from LUZ the repair or replacement free of charge of products with a lack of conformity within two years from delivery, provided that the request is made before the end of this period, or within one year from the discovery of the defect, whichever is longer. If a defect appears within the first six months, LUZ is a priori liable. However, LUZ can be exonerated by proving that the defect is due to misuse by the customer. If a defect appears later, LUZ may ask the customer to prove that it is a lack of conformity that existed at the time of delivery of the goods.

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12. Intellectual property

All documents, text information, graphics, images, photographs or any other content, visual or audio, published on the Website www.luzbyluz.com are the exclusive property of LUZ. Consequently, they may not be reproduced, exploited or used in any way whatsoever, without the express authorization of LUZ.

The customer unreservedly recognizes as such the intellectual property of LUZ and undertakes not to infringe it in any way whatsoever. More specifically, the customer expressly undertakes not to manufacture, sell, license or market in any way whatsoever, directly or through a third party, for his benefit or for the benefit of a third parties, the Products, imitations or reproductions of the Products or the intellectual property rights relating to the Products and brands belonging to LUZ.

LUZ authorises the customer to place a simple link on its own site referring directly to LUZ's site. On the other hand, any hypertext link referring to the site and using the framing or in-line or deep linking technique is prohibited. In all cases, any link, even tacitly authorised, must be removed on simple request from LUZ.

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13. Contact with LUZ

If the customer has any questions about his purchase, he can contact LUZ by means of the contact form available in the "Contact" section of LUZ's website or by means of the e-mail address daniela@luzbyluz.com

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14. Invalidity and completeness

If one or more provisions of the GTCS are held to be invalid or declared as such in application of a law, a regulation or following a decision of a competent court, the other provisions shall retain all their force and scope.

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15. Proof

The computerised registers, kept in the computer systems of LUZ and its partners under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. The parties accept the principle of electronic proof in the context of their relations (e.g.: e-mail, backups, etc.).

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16. Modifications

LUZ reserves the right to modify the GTCS and will communicate the new version to the customers via the website.

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17. Applicable law and competent courts

The GTCS are subject to Belgian law. In the event of a dispute, an amicable solution shall be sought before any legal action is taken. In addition, LUZ has the possibility to contact the European dispute resolution platform to initiate an amicable settlement procedure.  In the absence of an amicable settlement, the French-speaking courts of the judicial district of Brussels shall have exclusive jurisdiction.