Terms of service
TERMS AND CONDITIONS
1. SCOPE
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1.1. These general conditions apply to any contract concluded with Monsieur Luciole (Régis Lejeune – ECB: 0771.295.203 – B-4040 HERSTAL, rue des Mineurs 63), subject to the modifications that the parties could make them by an express agreement noted in writing.
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1.2. By contracting with Mr. Luciole, the customer expressly renounces to take advantage of his own possible general conditions. Any clause contrary to these general conditions that any document emanating from the customer or his agent may not be able to be opposed to Mr. Luciole that if it has been the subject of a prior, express and written agreement. In case of contradiction, These general conditions will prevail.
2. Contract training
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2.1. The contract will not be validly formed when the customer has validated his order and pay the price.
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2.2. By contracting with Mr. Luciole, the customer declares to have full legal capacity.
3. Specifications and documentation
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3.1. Unless otherwise stipulated, specifications, photographs, illustrations and information, notably appearing on the website of Mr. Luciole, are given as information. These Specifications, photographs, illustrations and information are the exclusive property of Mr. Luciole and cannot be used, reproduced or transmitted to third parties without its prior, express and written agreement.
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3.2. The photographs and illustrations of the products, materials and goods constitute a faithful representation of thesehere without a perfect similarity being guaranteed, especially with regard to concerns colors.
4. Delivery
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4.1. Delivery takes place At the address entered by the customer for payment by the latter of any transport and delivery costs. Unless otherwise stipulated, deliveries are limited to the territory of Belgium, France and the Grand Duchy of Luxembourg.
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4.2. The customer is only respoof the accuracy of the delivery contact details which he communicates to Monsieur Luciole. In the event of return or additional cost linked to an error or inaccuracy of the customer or when the delivery is impossible due to any event attributable to the client, the latter will bear additional costs and possible re -exposition.
5. Deadlines
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5.1. Unless otherwise stipulated, delivery and/or execution times are given as an indication.
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5.2. The customer may in no case claim damages, request termination or cancellation of the contract or assert the slightest claim against Mr. Luciole in case
where the deadlines would not be respected.
6. Price
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6.1. The prices displayed are the prices all taxes included on the day of the order and do not include any transport and delivery costs of the customer.
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6.2. The price of transport and delivery costs is mentioned distinctly when ordering and varies Depending on the delivery address.
7. Payment
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7.1. Mr. Luciole accepts the following payment methods: bank card, credit card, maestro, invoice, immediate bank transfer and PayPal secure payment system. Depending on each order, Mr. Luciole reserves the right not to propose certain modes of payment or offer others.
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7.2. Mr. Luciole Accepts only payments from bank accounts held in the Union European. All costs related to payment are borne by the customer. In the event of payment by credit card, the customer's account is debited on the day of the production of the order.
8. Failure or delay in payment
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8.1. Any defect in payment, even partial, at maturity, will result, as of right and without prior notice, interests on the remaining balance due from the date of maturity of the invoice :
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(a) If the customer is a consumer within the meaning of the DRO codeEconomic IT: at the rate of 12% per year.
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(b)If the customer is not a consumer within the meaning of the code of economic law: at the interest rate
provided for by the law of August 2, 2002 concerning the fight against the delay in payment in the
commercial transactions.
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8.2. In Outre, in the event of a default, even partial, at the due date, it will be due, as
compensation, a lump sum allowance:
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(a) If the customer is a consumer within the meaning of the code of economic law: 10% of the amount of the
Invoice with a minimum of € 125.00, without prejudice to the law of Mr. Luciole to demonstrate The existence and extent of higher real damage and to obtain compensation. The benefit of this clause can be invoked reciprocal by the customer against the Mr. Luciole and under the same conditions in case Mr. Luciole does not comply with an essential obligation of the contract.
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(b)If the customer is not a consumer within the meaning of the code of economic law: 10% of the amount of the invoice with a minimum of € 125.00, without prejudice to the law of the Luciole of Demonstrate the existence and extent of higher real damage and to obtain compensation.
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8.3. In the event of a default, even partial, at maturity, Mr. Luciole will be entitled to suspend his obligations or to terminate the contract which links it to the Customer, without notice or compensation, and to suspend The execution of any other contract binding it to the customer.
9. Reserve of ownership
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9.1. Mr. Luciole remains exclusively owner of all goods, of some kind Whether it is the subject of the contract until full payment of the price by the customer, even after the delivery or transfer of risks. The customer undertakes not to use, modify, transform, sell, yield or give in Gagender as long as the price has not been fully paid.
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9.2. The goods will remain at the only risk of the customer upon delivery. In the event of transport or delivery by a carrier or delivery man other than Mr. Luciole, the delivery of the goods to the carrier or the delivery man is considered to be delivery to the customer.
10. Right of withdrawal
10.1. Information on the right of withdrawal
10.1.1. When the customer is a consumer within the meaning of the code of economic law, he has the right, under certain conditions, to withdraw without giving reason within fourteen (14) days and without costs, with the exception of those mentioned in article 11.3.
10.1.2.The withdrawal time expires fourteen (14) days to count:
(a) With regard to service contracts: from the day of the conclusion of the contract.
(b) with regard to sales contracts: the day when the consumer or a third party other than the
carrier and appointed by the consumer physically takes possession of the property.
10.1.3.booking the withdrawal period The Customer must send their declaration of withdrawal to Mr.
Firefly Before the expiration of the said delay.
10.1.4.To exercise the right of withdrawal, the customer must notify his decision by means of a clear declaration,
by mentioning the CO articlencer, its price and its reference, and preferably using the following withdrawal form:
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For the attention of Mr. Luciole (Régis Lejeune) – B-4040 HERSTAL, rue des Mineurs 63
Last name, first name and customer address: Mail date:
Object: withdrawal
Sir,
I wish to take advantage of my right of withdrawal concerning the contract on the order placed with your company on the website "www.mrluciole.com" and relating to the following property:
Date of the order :
Command reference:
Total amount TTC:
Please accept, sir, my sincere greetings. Signature :
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10.2. Exceptions to the right of withdrawal
10.2.1.The Customer cannot exercise the right of withdrawal in the cases provided for in article VI.53 of the Code of Law economical, and, in particular, for the supply of goods made according to consumer specifications or clearly personalized.
10.2.2.The neon lights made by Monsieur Luciole are made according to consumer specifications or clearly personalized, so that the right of withdrawal does not apply.
10.3. Effects of withdrawal
10.3.1.In the event of valid withdrawal and on condition that the item is complete, in perfect condition, unused, and in its original packaging not damaged, Mr. Luciole reimburses the customer all payments received from him, including delivery costs, with the exception of additional costs arising from the fact that the customer chose, if necessary, a delivery method other than standard delivery.
10.3.2.Sauf contrary agreement, Mr. Luciole makes the reimbursement using the same means of payment as that used by the customer.
10.3.3.The customer has the obligation to return to Mr. Luciole the article concerned without delay and, in any event of cause, no later than fourteen (14) days from the day he communicated his Declaration of withdrawal. This period is respected if the customer ships the item before the expiration of the period. The costs of referring the article are borne by the client.
10.3.4. Reception of the article, without prejudice to article 10.3.1.
10.3.5.The Customer must take charge of the loss of the value of the postponed article if this loss of vais due to them to manipulations other than those necessary to ensure nature, characteristics and correct operation of goods.
11. Guarantees
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11.1. When the customer is a consumer, the company responds to any lack of conformity which exists during the issuance of the property and which appears within two (2) years from it, in accordance with articles 1649bis and following of the civil code. If the warranty period is greater than two (2) years, it is pre-preise in the characteristics of the article.
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11.2. During delivery, the customer will carry out a careful examination of the goods, as for their qualities and As for their quantities, which will carry the approval of any problem, vice or apparent defect which does not would not be reported on delivery.
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11.3. Under penalty of forfeiture, any problem, defect or defect, of any kind whatsoever, hidden at the time of delivery, must be reported to Mr. Luciole by registered mail in the eight (8) Calendar days of his Discovery, failing which no guarantee is due.
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11.4. In the event of a problem, vice or hidden defect, the warranty will only be due as long as the customer has used goods in accordance with the instructions for use and maintenanceent and for normal use. In this case, Mr. Luciole may, at his sole choice, replace or replace the products, materials or defective goods, or reimburse the price that would have been cashed.
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11.5. Mr. Luciole declines any guarantee in the event of a defect or vice, any kind whatsoever, affecting goods, of quality, origin or particular treatment, imposed by the customer, provided that no lack of execution is established in the chief of Monsieur Luciole.
12. Responsibilities
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12.1. Mr. Luciole cannot in any case be held responsible for indirect damage suffered by the Customer, such as financial or commercial losses (loss of turnover, decrease profit, increase in costs, additional costs in terms of workers' remuneration or Independent collaborators, loss of a chance to achieve a profit, image damage, loss of customers, loss of a commercial opportunity or any similar damage, etc.), ii) the disruption of planning or organization, iii) third party complaints, worker or service provider Independent, iv) The fines and/or penalties imposed by an authority.
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12.2. Mr. Luciole declines any responsibility in the event of dol or any other faults of his Agents and execution agents others that the members of his staff. The carrier or
delivery man is solely responsible in particular in the event of loss, theft or damage during transport or
delivery of goods to the customer.
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12.3. Mr. Luciole cannot be held Inexpectedenhancement of its contractual obligations
when this non -performance is due to an event independent of his will and to which he could not reasonably not expect, even when this event does not make it completely impossible, but Only substantmore difficult or more expensive the execution of the contract, and in particular in the event war, riot, strike, lockout, epidemic, pandemic, fire, flood, natural disaster, destruction of equipment or installations, deletions or prohibitions, temporary or permanent, and for any cause, access to the Internet network or to thetelecommunications ENS, attacks, intrusions, viruses and computer hacks, lack of supplies or means of transport, shortage of raw materials, handof work, energy, etc.
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12.4. Likewise, no responsibility may be imputed to Mr. Luciole if his contractual obligations are carried out on the basis of erroneous documents, incomplete or late communicated by the Customer, his attendants or a third party.
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12.5. The customer is solely responsible for use and marketingwe goods qu’il Order to Mr. Luciole.
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12.6. In any event, the responsibility of Mr. Luciole is limited to an amount corresponding to are that it will have actually received in execution of the contract.
13. Intellectual rights
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13.1. Notwithstanding payment of the price, Mr. Luciole is the sole holder of all intellectual rights in connection with his achievements. By contracting with Monsieur Luciole, the customer does not acquire any property rights intellectual of any kind whatsoever on achievements. Mr. Luciole reserves the exclusive right to total or partial reproduction. The Customer acknowledges that all the documents provided to him by Mr. Luciole are intended for strictly personal use and cannot be reproduced, in any way whatsoever, and cannot in any case be transferred to a third party, what that it is, without the prior and express agreement of Monsieur Luciole.
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13.2. The Customer declares that they hold and owner of all intellectual rights, of any kind whatsoever, in connection with the services he commands To Mr. Luciole, as well as on all the elements which must be reproduced by Monsieur Luciole, such as in particular the names, images, signs, forms, and characters which will have to appear on any kind of container. Likewise, the Customer declares that the services ordered to Mr. Luciole do not violate any intellectual property rights, of any kind whatsoever, and/or any other rights held by a third party, and do not ignore No regulations in force, whatever the country.
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13.3. The Customer guarantees Mr. Luciole against all requests, complaints, or actions which would be made against him by a third party concerning the violation of intellectual rights, of any kind whatsoever, in connection with the services that the Customer commands Mr. Luciole. If necessary, the Customer will take up the cause for Mr. Luciole and will voluntarily intervene in any legal, administrative or other procedure which would be introduced against it by anyone. In all cases, the customer will take full charge and compensate Mr. Luciole of all sums that the latter would be forced to pay a third party in principal, interest, costs and expenses, and will bear all the defense costs which will have been exposed by Mr. Luciole, such as in particular fees and lawyers' fees, bailiff, expertise, or TEC advisorHNIQUE.
14. Loyalty duty
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14.1. Both during the duration of the contract and after its extinction, the parties reciprocally forbidden to formulate, in particular on the Internet and social networks, any criticism against the other party, in any form and in any way, Tant directly than indirectly.
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14.2. The party which would violate article 14.1 will be liable to the other part of a minimum lump sum allowance of € 5,000.00 per offense, without prejudice to the right of the other part to demonstrate the existence of greater damage and to obtain compensation.
15. Nullity of a clause
15.1. The nullity of a clause of these general conditions or contracts concluded with Mr. Luciole will not affect the validity of other clauses.
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15.2. The parties undertake, in this case, to negotiate in good faith the conclusion of a new clause which will pursue the same objective as the zero clause and, as much as possible,Ivalents, in order to restore contractual balance.
16. Disputes
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16.1. All contracts concluded with Mr. Luciole are exclusively governed by Belgian law.
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16.2. All disputes relating to the validity, interpretation, execution or extinction of contracts concluded with Mr. Luciole, as well as all those related to these contracts, will be exclusive competence
Jurisdictions from the home or the head office of Mr. Luciole.
17. SMS
By consenting to SMS marketing by MR Luciole during payment and initializing a purchase or by subscribing via our subscription tools, you agree to receive notifications by recurring SMS (for your order, including abandoned payment reminders) , Marketing offers by SMS and transactional SMS. , including examination requests from us, even if your mobile phone number is recorded on a national or federal list of excluded telephone numbers. The frequency of messages varies. Consent is not a purchase condition.
If you want to unsubscribe from the reception of marketing messages and notifications by SMS, respond by stop to any mobile message sent by us or use the unsubscribe link that we have provided to you in one of our messages. You understand and accept that alternative withdrawal methods, such as the use of words or alternative requests will not be considered a reasonable means of withdrawal. We do not charge the service, but you are responsible for all the costs and charges associated with text messaging imposed by your wireless service provider. Data messages and speeds can be applied.
For any questions, please send HELP by SMS to the number from which you received the messages. You can also contact us at hello@mrluciole.com for more information.
We have the right to modify any phone number or short code that we use to operate the service at any time. You will be notified on these occasions. You accept that all the messages you send to a phone number or an abbreviated code that we have changed, including stop or help requests, are not received, and we will not be kept to honor Requests made in these messages.
To the extent permitted by applicable law, you accept that we will not be responsible for the failed, delayed or poorly transported delivery for any information sent via the Service, for any error in this information and/or any action that you may or not take confidence in information or service.
Your right to privacy is important to us. You can consult our privacy policyHERE To determine how we collect and use your personal information.