TERMS AND CONDITIONS OF SALE
ARTICLE 1 - PREAMBLE
These Terms and Conditions of Sale are entered into between, on the one hand, ASORIAX, whose registered office is located at 33 Avenue Jean Jaurès - 19360 Malemort - FRANCE, registered with the Brive Trade and Companies Register (RCS) under number 108 169 327.
Telephone: 07 68 62 24 71
Opening hours:
- Monday from 2:30 p.m. to 6:30 p.m.
- Tuesday to Friday from 10:00 a.m. to 12:30 p.m. and from 2:30 p.m. to 6:30 p.m.
Email: lightpainting-shop@asoriax.fr
Hereinafter referred to as the "Seller".
And, on the other hand,
Internet users who are adult natural persons acting for non-commercial purposes and wishing to make a purchase on the LIGHTPAINTING-SHOP.COM website, accessible at https://www.lightpainting-shop.com/fr/
Hereinafter referred to as the "User".
These Terms and Conditions govern the sale of any product or service offered on the LIGHTPAINTING-SHOP.COM website by ASORIAX.
The parties agree that their relationship shall be governed exclusively by these Terms and Conditions, to the exclusion of any other conditions.
Any order duly confirmed on the LIGHTPAINTING-SHOP.COM website implies full and unconditional acceptance of these Terms and Conditions of Sale and, where applicable, any special or specific conditions relating to one or more products, services or orders.
Should any provision be missing, it shall be deemed to be governed by the practices applicable to the distance-selling sector for companies whose registered office is located in France.
ASORIAX undertakes to comply with the applicable provisions of the French Consumer Code relating to distance selling.
ARTICLE 2 - PURPOSE
These Terms and Conditions are intended to define the terms of sale between the Seller and the User, from placing the order through payment and delivery to the provision of associated services.
They govern all stages required for placing an order and the subsequent processing of that order between the contracting parties.
ARTICLE 3 - ORDERS AND AVAILABILITY
An order may only be registered on the website if the User has clearly identified themselves using their username and password, which are strictly personal.
The User declares that they are at least 18 years old and have the legal capacity required to place an order on LIGHTPAINTING-SHOP.COM.
Any order constitutes acceptance of the prices and descriptions of the products available for sale.
The User declares that they have read and accepted these Terms and Conditions of Sale before placing their order. Confirmation of the order therefore constitutes acceptance of these Terms and Conditions of Sale.
After the order has been placed, the Seller sends the User an email confirming the order.
The Seller informs the User when the items have been dispatched. The User may request a modification to the order until it is dispatched, provided that the order has not already been prepared or handed over to the carrier.
ASORIAX undertakes to fulfil orders received through the website only within the limits of available stock. If a product is unavailable, the Seller undertakes to inform the User.
Calls made by a consumer concerning the performance of an order, the exercise of the right of withdrawal or the implementation of a warranty may not be charged at a premium rate.
ARTICLE 4 - DELIVERY
Orders are prepared and dispatched as quickly as possible, subject to product availability and payment confirmation.
Delivery times depend on the carrier and delivery method selected when placing the order. Any delivery times indicated on the website are provided for information purposes only, unless an express commitment to the contrary is stated when the order is placed.
Payment is considered completed once the amounts owed by the purchaser have actually been received by the Seller.
"Working days" means days normally worked, excluding Saturdays, Sundays and public holidays.
When placing an order, the Customer undertakes to provide all information necessary to ensure proper delivery. In particular, the Customer must provide contact details enabling the carrier to contact them if necessary.
The Customer undertakes, either personally or on behalf of the recipient of the order, to take delivery of the goods at the address or delivery point specified when placing the order.
Upon delivery, the Customer or recipient of the products must be able to provide proof of identity if requested.
Where possible, the Customer is invited to check the condition of the parcel and its contents upon delivery and to report any anomaly in accordance with the procedures established by the carrier and applicable regulations.
Any order placed on the website and delivered outside the European Union may be subject to taxes, customs duties or other charges payable upon arrival of the parcel at its destination. Any such duties and taxes shall be borne by the User unless otherwise indicated when the order is placed. It is the User's responsibility to obtain information from the competent authorities in their country.
In the event of a dispute that cannot be resolved directly with the Seller, the consumer may have recourse, free of charge, to the competent consumer mediator, subject to the applicable eligibility conditions.
ARTICLE 5 - PAYMENT METHODS
The User may pay for purchases using the payment methods offered on the website at the time the order is placed.
The payment methods actually available are displayed during the checkout process.
Payments by bank card are processed by the secure payment service provider offered on the website. Banking data is processed directly by the payment service provider in accordance with its own security measures and is not communicated to ASORIAX in unencrypted form.
Where payment by bank transfer is available, the information required to make the transfer is provided to the Customer when the order is confirmed or by email.
Where other payment methods are offered, their applicable terms and conditions are specified at the time of ordering.
ARTICLE 6 - PRICES
Product prices are stated in euros, inclusive of all applicable taxes, excluding any applicable processing and delivery charges.
The Seller reserves the right to change its prices at any time. However, products are invoiced on the basis of the prices applicable at the time the order is confirmed.
Any delivery charges are communicated to the Customer before final confirmation of the order.
ARTICLE 7 - RIGHT OF WITHDRAWAL / RETURNS / EXCHANGES
In accordance with the applicable provisions of the French Consumer Code, consumers have a period of fourteen (14) days from receipt of the goods to exercise their right of withdrawal without having to provide a reason.
To exercise the right of withdrawal, the User must notify the Seller of their decision by means of an unambiguous statement sent by email or post.
The User may use the model withdrawal form made available on the website, although use of this form is not mandatory.
The User then has fourteen (14) days from notification of their decision to withdraw to return the product or products concerned.
In accordance with applicable regulations, the right of withdrawal may, in particular, be excluded for goods made to the consumer's specifications or clearly personalised.
Returned products must be complete and in a condition allowing them to be resold, subject to any handling necessary to establish their nature, characteristics and proper functioning.
The direct cost of returning the products shall be borne by the consumer, unless otherwise required by applicable law or in the event of an error attributable to the Seller.
Refunds are made within the time limits and according to the procedures provided for by applicable regulations following the valid exercise of the right of withdrawal.
Returns must be sent to the following address:
ASORIAX
33 Avenue Jean Jaurès
19360 Malemort
FRANCE
Email: lightpainting-shop@asoriax.fr
ARTICLE 8 - WARRANTIES
Legal Guarantee of Conformity
Consumers benefit from the statutory guarantee of conformity under the conditions provided for in Articles L.217-3 et seq. of the French Consumer Code.
The Seller is required to deliver goods that conform to the contract and is liable for any lack of conformity under the conditions and for the periods provided for by applicable regulations.
In the event of a lack of conformity, the consumer is entitled to the remedies provided for by the French Consumer Code, including bringing the goods into conformity by repair or replacement under the conditions provided for by law.
Where the legal requirements are met, the consumer may also be entitled to a reduction in the price or termination of the contract.
Legal Warranty Against Hidden Defects
Consumers also benefit from the legal warranty against hidden defects provided for in Articles 1641 et seq. of the French Civil Code.
The Seller is liable for hidden defects in the goods sold that render them unfit for their intended use or that impair their use to such an extent that the purchaser would not have purchased them, or would have paid a lower price, had they been aware of the defects.
Under the conditions provided for by the French Civil Code, the purchaser may choose to return the product and obtain a refund of the purchase price or retain the product and obtain a reduction in the price.
Any action arising from hidden defects must be brought within the period provided for by applicable legislation from the date on which the defect is discovered.
ARTICLE 9 - ELECTRONIC ACCEPTANCE AND EVIDENCE
Where a customer account is used, the username and password constitute confidential information that the Customer must not disclose to third parties. If unauthorised use of the account is suspected, the Customer must promptly inform the Seller.
Final confirmation of the order and payment constitutes evidence of the order and makes the amounts due payable.
Such confirmation constitutes express acceptance of the transactions carried out on the website.
In the event of fraudulent use of a payment method, the Customer is advised to contact their bank as well as ASORIAX customer service:
Telephone: 07 68 62 24 71
Email: lightpainting-shop@asoriax.fr
ARTICLE 10 - LIABILITY
ASORIAX is responsible for the proper performance of the obligations arising from the distance contract under the conditions provided for by applicable legislation.
The Seller undertakes to describe the products sold on LIGHTPAINTING-SHOP.COM as accurately as possible.
However, the Seller shall not be held liable where the non-performance or improper performance of the contract is attributable to the consumer, to the unforeseeable and unavoidable act of a third party to the contract, or to an event of force majeure.
The Seller shall not be held liable for inconvenience or damage resulting from the use of the Internet where such events are not attributable to the Seller, particularly in the event of an external service interruption or malicious acts by third parties.
ARTICLE 11 - PERSONAL DATA
In connection with the operation of LIGHTPAINTING-SHOP.COM, ASORIAX may collect and process personal data required in particular for the management of customer accounts, orders, payments, deliveries, customer service enquiries and compliance with legal obligations.
Detailed information concerning the collection, use, retention and protection of personal data, as well as the rights of data subjects, is provided in the Privacy Policy available on the website.
For any questions concerning personal data or to exercise their rights, Users may contact:
ASORIAX
33 Avenue Jean Jaurès
19360 Malemort
FRANCE
Email: lightpainting-shop@asoriax.fr
ARTICLE 12 - INTELLECTUAL PROPERTY
All elements of the LIGHTPAINTING-SHOP.COM website, including texts, photographs, illustrations, graphic elements, logos, videos, audio content and software, are protected by applicable intellectual property laws.
Any unauthorised reproduction or exploitation of all or part of the website is prohibited without the prior authorisation of the relevant rights holder.
ARTICLE 13 - SEVERABILITY
If any provision of these Terms and Conditions is declared null, invalid or unenforceable as a result of a change in legislation, regulations or a court decision, this shall not affect the validity of the remaining provisions of these Terms and Conditions of Sale.
ARTICLE 14 - DURATION
These Terms and Conditions shall apply for as long as they remain published on LIGHTPAINTING-SHOP.COM.
ARTICLE 15 - EVIDENCE
Data recorded in the computer systems of ASORIAX and its service providers and stored under reasonable security conditions may constitute evidence of communications, orders and payments made between the parties, in accordance with applicable regulations.
ARTICLE 16 - RETENTION AND ARCHIVING OF TRANSACTIONS
Orders, invoices and other contractual documents are retained in accordance with applicable legal and regulatory obligations.
Where required by law, contracts concluded electronically are archived on a medium that ensures their integrity for the applicable statutory retention period.
ARTICLE 17 - APPLICABLE LAW AND DISPUTE RESOLUTION
These Terms and Conditions of Sale are governed by French law.
In the event of a dispute, consumers are invited to contact ASORIAX beforehand in order to seek an amicable solution.
If no amicable agreement can be reached, consumers may use the consumer mediation scheme applicable to ASORIAX, subject to the conditions provided for by applicable regulations.
If the dispute cannot be resolved amicably, the competent courts shall be determined in accordance with the applicable legal rules.
LEGAL INFORMATION
WEBSITE PUBLISHER
The LIGHTPAINTING-SHOP.COM website is published by:
ASORIAX
SARL with a share capital of EUR 10,000
Registered office: 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
EU VAT number: FR22 108169327
Telephone: 07 68 62 24 71
Email: lightpainting-shop@asoriax.fr
PUBLICATION DIRECTOR
The Publication Director of LIGHTPAINTING-SHOP.COM is Laurent Astruc.
The person responsible for the editorial content of LIGHTPAINTING-SHOP.COM is Laurent Astruc.
HOSTING PROVIDER
The LIGHTPAINTING-SHOP.COM website is hosted by:
Hostinger International Ltd.
61 Lordou Vironos Street
6023 Larnaca
Cyprus
INTELLECTUAL PROPERTY
The general structure of LIGHTPAINTING-SHOP.COM, together with its texts, graphic elements, images, photographs, audio content, videos and other content, is the property of ASORIAX, its partners or their respective rights holders.
Any representation, reproduction or exploitation, whether partial or complete, of these elements by any means whatsoever without the prior authorisation of the relevant rights holder is prohibited and may constitute an infringement under the provisions of the French Intellectual Property Code.
PERSONAL DATA
ASORIAX processes personal data collected through LIGHTPAINTING-SHOP.COM in accordance with applicable data protection legislation, including the General Data Protection Regulation (GDPR) and the amended French Data Protection Act ("Loi Informatique et Libertés").
Data subjects have, subject to the conditions provided for by applicable regulations, rights of access, rectification, erasure, restriction, objection and, where applicable, data portability.
These rights may be exercised by contacting ASORIAX:
By post:
ASORIAX
33 Avenue Jean Jaurès
19360 Malemort
FRANCE
By email: lightpainting-shop@asoriax.fr
Detailed information concerning the processing of personal data and the use of cookies is provided in the Privacy Policy and Cookie Policy available on the website.