GeneralTerms and Conditions of Sale of Luminis Films

These general terms and conditions of sale (hereinafter referred to as the "GTC") are offered by JAM DIFUS JAM DIFUS (hereinafter referred to as the "Company"), a one-person limited liability company, headquartered at 587 rue Pierre Poivre, ZAC de la Tuilerie, 01330 Villars-les-dombes, France, registered with the Registre du Commerce et des Sociétés under number 483 495 339 and represented by Mr. Michel Labalme in his capacity as Managing Director.

The Company's intra-community VAT identification number is FR 21483495339.

The Company owns and publishes the following website (hereinafter referred to as the "Site"):

https://www.luminis-films.com

The Site is hosted by SQUARK, a limited liability company (SARL) with capital of €10,000.00, whose registered office is located at 5 PASSAGE DE L'INDUSTRIE 92130 ISSY-LES-MOULINEAUX, registered with the Nanterre register of Nanterre B under number 808 483 796.

The director of the publication is Michel Labalme.

These General Terms and Conditions of Sale define the legal framework of the relationship between the the Company and its customers (hereinafter referred to as the "Customer"). The Company and the Customer being also hereinafter referred to jointly as the "Parties" and individually as a "Party".

Prior to any use of the Site, the Customer must ensure that he/she has the technical and computer resources to use the Site and to order the products offered by the Company via the Site. to use the Site and to order the products offered by the Company via the Site, and that their the Site, and that their browser allows secure access to the Site. The Customer must also ensure that the configuration is in good condition and free of viruses.

The Company can be contacted at the address given at the top of this document, or via the contact form contact form available to customers on the Site under the heading "Contact".

ARTICLE 1: APPLICATION AND ENFORCEABILITY OF THE GCV

The Company's business is the sale of made-to-measure blinds, self-adhesive films and coatings, and tinted window kits (hereinafter referred to as "the Products"). tinted window kits (hereinafter referred to as "the Products").

The purpose of these GCS is to define all the conditions under which the Company markets its Products as offered for sale on its Site to Customers. They therefore apply to any order for Products placed on the Site by the Customer (hereinafter referred to as the "Order").

The Customer declares that he/she has read and accepted these GTC before placing his/her order.

Validation of the Order therefore implies acceptance of these GCS. These are regularly updated. updated regularly, the applicable GTCS are those in force on the Site on the date the Order is placed. Order. The Customer will be kept informed of any changes to the GCS by any means.

In the absence of express acceptance by the Customer, any condition to the contrary shall be unenforceable against the Company, regardless of the time at which it may have been brought to its attention. the Company, regardless of when they may have been brought to its attention.

The fact that the Company does not avail itself at a given time of any provision of the present GTS shall not be construed as a waiver of its right to invoke any provision of the present GTS at a later date. provision of these GTS.

The Company reserves the right to adapt or modify these GTC at any time. In the event of modification, the GCS in force on the date of the Order shall apply to each Order. A Unless the amendments are due to legal or administrative obligations, the Customer will be given will be given reasonable notice before the implementation of the updated GCS.

The latest available version of the GTC shall prevail over any other version of these GTC. TERMS AND CONDITIONS.

ARTICLE 2: ORDERING PRODUCTS ON THE SITE

The Products offered for sale are described and presented as accurately as possible.

The Company reserves the right to correct the content of the Site, in particular in order to adapt to developments of the Site and of the Company's activity, by making new Products available or deleting or modifying modification of existing Products.

The Customer selects the Product(s) he/she wishes to purchase, and can access his/her Order summary of their Order.

The Order summary lists the Product(s) selected by the Customer, the specifications specified by the Customer specifications specified by the Customer in the case of custom-made Products, as well as any additional additional costs added to the Order price.

After choosing the payment method, the Customer validates the Order by ticking the then enters his/her bank details and validates the Order. The words " Order with payment obligation " or a similar unambiguous wording appears next to the next to the Order validation icon, in order to ensure that the Customer explicitly acknowledges obligation to pay for the Order.

The Customer also acknowledges having been informed that no modification of the Order may be made following final validation of the Order by the Customer.

Once the General Terms and Conditions of Sale have been accepted and the Order has been validated, including the obligation to pay, the contract is validly concluded between the Company and the Customer and is irrevocably binding on both parties. validly concluded between the Company and the Customer and irrevocably binds them. The Company will will then send the Customer an Order confirmation by e-mail, which will include the elements of the Order summary.

After validating the delivery and invoicing details, the Customer proceeds with payment of the Order in accordance with the terms and conditions specified in article 7 of these GTS.

Certain Orders must be checked by the Company's verification department as part of its compliance with compliance with current regulations. In this respect, the Company reserves the right to ask the Customer for additional information when placing the Order. The Company also also reserves the right to cancel the Customer's Order in the event of refusal to provide the requested requested supporting documents, in the event of non-receipt of requested supporting documents or in the event of receipt of deemed not to be in conformity.

Certain Orders may be subject to a quotation. In the absence of a quotation, the provisions of these provisions of these GTS express the entire agreement between the Parties.

ARTICLE 3: CREATION OF A CUSTOMER ACCOUNT

Access to and registration on the Site are free of charge. However, before placing an Order, the Customer must first create an account (hereinafter referred to as the "Account"). Order, the Customer must first create an account (hereinafter referred to as the "Account").

The Client must therefore provide the following information when registering:

Full name ;
E-mail address;
Postal address;
The telephone number ;
Password.

In order to validate his registration, the Customer must click on the box " I consent to the processing of my personal data for the purposes of validating and sending my order". personal data to validate and send my order ".

Once this information has been entered, the Customer will receive an e-mail confirming his or her registration.

Once registration has been completed, the Customer will be able to log on to his Account using his chosen login and password. chosen by the Customer.

User IDs and passwords are strictly personal. The Customer undertakes to keep them secret and not divulge them to anyone. The Company declines all responsibility in the event of loss or misuse of these misuse of this information.

Should the Customer become aware that such information has been stolen by a third party by a third party, he/she undertakes to modify it without delay and to inform the Company. The Customer also undertakes to disconnect at the end of each session.

Each Customer may hold only one Account. The Customer is prohibited from using a false identity or the identity of another person. Should such a case be discovered by the Company, the Account will be deleted deleted without notice or compensation, and the Company may take legal action against the Customer. by the Company.

The Customer undertakes to provide accurate and truthful personal information and to systematically systematically update this information, either via his/her profile or by notifying the Company, in order to to ensure its relevance and accuracy throughout use of the Site. The Customer undertakes not to create or use, under their own identity or that of a third party, Accounts other than the one initially created.

ARTICLE 4: PRICES - TERMS OF PAYMENT OF THE ORDER

4.1 Prices are mentioned on the Site in the descriptions of the various Products available, in euros, exclusive of tax and/or inclusive of all taxes.

As long as the Products and their prices are visible on the Site, the Products are considered to be available.

If a Product ordered is unavailable, the Customer will be informed by e-mail. He may withdraw from the contract at any time and obtain a refund of the sums paid.

The total amount of the Order is indicated in the Order summary, before the Customer accepts these General Terms and Conditions of Sale, validates the Order, enters and validates delivery and if applicable, and proceed to payment. This total amount is stated inclusive of all taxes taxes included.

Orders are valid only while stocks last. In the event of unavailability of the Product ordered ordered, the Company will immediately inform the Customer and may offer a Product of equivalent quality quality and price. In the event of the Customer's refusal, the Company will reimburse the sums within thirty (30) days of placing the Order.

Apart from reimbursement of the price of the unavailable product, the seller is not liable to pay any compensation for cancellation, unless the non-performance of the contract is attributable to him personally. unless the seller is personally responsible for the non-performance of the contract.

Orders for Products on the Site are payable in euros. Payment must be made in full by the Customer on the day by the Customer on the day of the Order, by credit card, cheque or bank transfer, unless special conditions of sale expressly accepted by the Customer and the Company. No Product will be delivered until payment has been received in full.

If payment is made by cheque, it must be issued by a bank domiciled in metropolitan France. France. Orders paid by cheque or bank transfer will only be processed on receipt of payment. receipt of payment.

For credit card payments, the Site uses the Paypal, Paybox and e transaction, service providers specialized in online payment security. These systems guarantee the total confidentiality of the customer's banking information. The credit card transaction, between the customer and one of these secure systems is fully encrypted and protected. The bank details are not stored by the Company.

4.2 The Customer warrants to the Company that it has the necessary authorizations to use the payment method when placing the Order.

Communications, order forms and invoices are archived on a reliable and durable medium. reliable and durable medium. They may be produced as proof of the contract, where applicable.

The Company reserves the right to suspend or cancel any execution and/or delivery of an order, regardless of its nature and level of execution, in the event of non-payment or partial payment partial payment of any sum owed by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site and the payment of an Order.

ARTICLE 5: WITHDRAWAL

In accordance with article L.221-18 of the French Consumer Code, the consumer customer has fourteen fourteen (14) days from receipt of the Product to exercise their right of withdrawal, in order to obtain a refund for the Products purchased, without having to justify their decision or pay any penalties.

The Consumer Customer is defined as any natural person acting for purposes that do not fall within commercial, industrial, artisanal or liberal activity.

In accordance with article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised contracts for the supply of goods made to the consumer's specifications or clearly or clearly personalized. Consequently, products cut to measure by the linear metre and/or to the exact dimensions to the exact dimensions requested by the customer may not be subject to the right of withdrawal.

Products offered by the Company may not be returned or exchanged if they have been unsealed by the Customer, or if they have been custom-made for the Customer, except in the event of an error. or when they have been custom-made for the Customer, except in the case of error attributable to the attributable to the Company, notably in the event of delivery of Products that do not correspond to the Customer's Order. the Customer's Order.

To exercise the right of withdrawal, the Client must notify the Company before returning the product(s):

name, address and, where available, telephone number and e-mail address;
as well as his decision to withdraw by means of an unambiguous statement expressing his wish to to withdraw.

A withdrawal form is available to the Customer here.

Returns must be made to the Company or to a person designated by the Company, in their original condition and complete (packaging, accessories, etc.) to enable them to be remarketed as new, accompanied by purchase invoice. Damaged, soiled or incomplete Products will not be accepted. Please note that in the event of retraction after use of the Product(s), the Customer is liable for goods resulting from handling other than that required. According to the European Commission, these manipulations are those that a consumer can carry out in a shop, for goods goods offered for sale in a store.

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 reimbursed. will be reimbursed; the cost of returning the Products will be borne by the Customer. The Company will will make the refund using the same means of payment as the one used for the initial transaction (unless the Customer expressly agrees to use another means of payment, and insofar as the the refund does not incur any costs for the Customer).

The refund will be made within fourteen (14) days of receipt of the returned Product by the Customer. returned by the Customer.

ARTICLE 6 : DELIVERY OF PRODUCTS

6.1 The Products offered on the Site may be delivered to Metropolitan France only only, unless otherwise specified in a quotation or special conditions.

All information relating to delivery costs is available directly on the Site.

Postal delivery charges are set by the various carriers and vary accordingly. The total amount owed by the Customer for delivery costs appears at the time of Order before payment.

In accordance with article L.216-4 of the French Consumer Code, any risk of loss or damage to the goods is transferred to the consumer at the time when he/she physically takes delivery of the goods. of loss or damage to the goods is transferred to the consumer when he/she takes physical possession of the Products.

The Company undertakes to deliver the Products within a period not exceeding thirty (30) working days as from the date of the Order. When the Order is ready, the Customer will be informed by e-mail when the delivery of the Product(s). The Product(s) ordered will be delivered to the address given by the Customer by the Customer at the time of Ordering, in accordance with the conditions specified in the "Product Ordering" article of these GCS.

6.2 The Customer will be informed by e-mail when the Order has been dispatched. If, within a period of eight (8) days following dispatch of the Order by the Company, the Customer has not received the Products ordered, he/she may contact the Company's Customer Service Department, whose contact details are available on the Site. In the event of loss of the parcel, the Customer undertakes to send the Company, within twenty (20) days of dispatch of the the dispatch of the Order, to provide the Company with a copy of their National Identity Card and a and a sworn statement to the effect that the Order has not been received).

If the documentation is not sent within the aforementioned period, the Customer will not be entitled to or reimbursement of the Order.

6.3 The Customer must ensure that the information communicated in the article "Ordering and mentioned in the confirmation email are correct, and that they remain so until complete receipt receipt of the Product(s) ordered. The Customer therefore undertakes to inform the Company of of any change in billing and/or delivery details that may occur between the Order and delivery, by delivery, by immediately sending an email to the Customer Service email address. A Otherwise, in the event of late and/or incorrect delivery, the Customer may under no circumstances hold the and the Company's Customer Service Department will contact the Customer to arrange a second delivery delivery at the Customer's expense.

Furthermore, it is the Customer's direct responsibility to check that the Products are in perfect condition upon delivery. condition of the Products. If this is not the case, they must express their express and precise/detailed reservations on the carrier's delivery slip in the presence of the carrier and inform the Company as soon as possible. as soon as possible.

In the event of a defect in the Product ordered, the Customer undertakes to photograph all defects in the Product before applying or removing the protective film. before applying or removing the protective film and to send the photos to the Company as soon as possible. as soon as possible.

Nor shall the Company be liable if non-receipt of the Products is due to the act of a third party outside its intervention or in the event of theft.

The Customer undertakes to be present at the delivery address at the time of delivery of the Products.

If the Order is returned due to the Customer's absence, the Company's customer service will contact the Customer will contact the Customer for a second delivery at the Customer's expense.

If the Customer returns the Order without notifying the Company, the return will be refused by the Company. refused by the Company. The Order will not be reimbursed. The cost of the second shall be borne by the Customer.

The Customer will be able to track the status of his Order via the Site, or via that of the carrier where applicable, using the tracking number communicated in the Order confirmation e-mail. from the tracking number communicated in the Order confirmation e-mail.

ARTICLE 7: RETENTION OF TITLE

The Products are sold under reservation of title until full payment has been received. Payment means payment of the price of the Products and the costs associated with the sale, plus interest. Thus, in the event of non-payment, the Customer must, at his own expense and risk, return the unpaid Products eight (8) days after a formal notice sent by registered letter with acknowledgement of receipt, which has remained unanswered.

In this case, the sale will be automatically cancelled on the date of the request for restitution. Notwithstanding the application of this retention of title clause, the Customer shall bear the risks as from the date of delivery delivery/collection of the Products.

The professional customer may nevertheless resell or process these goods in the normal course of business. normal operation of its business. In the event of resale, the Professional Customer hereby assigns to the Company all claims arising in its favor from the resale to the third-party purchaser.

ARTICLE 8: CUSTOMER SERVICE

For any request for information, clarification or complaint, the Customer must first contact the Site's priority, the Site's Customer Service, to enable the latter to attempt to find a solution to the problem. solution to the problem.

Customer Service is available Monday to Friday from 8 a.m. to 6 p.m. using the following contact details using the following contact details:

Telephone: 00 33 472 41 06 60
or 24/7 using the contact form available by clicking here

ARTICLE 9: LEGAL AND COMMERCIAL GUARANTEES

All Products offered by the Company are subject to the legal guarantee of conformity provided by law law, and in particular articles L.217-4 et seq. of the French Consumer Code, and to the warranty against articles 1641 and 1648, first paragraph, of the French Civil Code.

Article L.217- 4 of the French Consumer Code states: " The seller is obliged to deliver a product conform to the contract and is responsible for any defects in conformity existing at the time of delivery. He is also defects in conformity resulting from the packaging, assembly instructions or installation installation when the latter was made his responsibility by the contract or was carried out under his responsibility". responsibility ".

Article L.217-5 of the French Consumer Code states: " To conform to the contract, the goods must:
1° Be fit for the use normally expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities presented to the buyer the buyer in the form of a sample or model;
- have the qualities that a buyer may legitimately expect in view of the public statements made by the by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties, or be fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter ".

Article L.217-12 of the French Consumer Code states: " Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods.

Article 1641 of the French Civil Code states: " The seller is bound by the warranty for hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would only have given a lesser price for it, had it not been purchased. that the buyer would not have purchased it, or would have paid a lesser price for it, had he been aware of them. been aware of them.

The first paragraph of Article 1648 of the French Civil Code stipulates: " Any action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. be brought by the purchaser within two years of the discovery of the defect.

If a Customer considers that they have received a Product that they consider to be defective or non-conforming, they must :

Indicate the defect or non-conformity on the delivery note in the presence of the delivery person.
Contact the Company, within forty-eight (48) working hours of receipt of the of the Order, via the contact form available on the Site under the heading "Contact", or by registered mail with acknowledgement of receipt to the address at the top of this document, specifying the defect or non-conformity. specifying the defect or non-conformity in question.

anomalies. The Customer must allow the Company every facility to proceed with the observation of these defects or non-conformities and to remedy them if necessary. He shall refrain from intervening himself or have a third party intervene for this purpose.

If the defects and/or anomalies are confirmed by the Company, the latter will then send the Customer instructions on how to proceed once the complaint has been made. instructions on how to proceed after having taken cognizance of the complaint thus formulated and, if necessary, will replace or repair the Product for which the Company has established the lack of conformity or defect.

In the event that it is impossible to exchange the Product, the Company shall be obliged to reimburse the Customer within fourteen (14) days following receipt of the Product. Refunds will be made at the Company's discretion by crediting the Customer's bank account, with the Customer being able to opt for another method of reimbursement the proposed method of reimbursement.

Exclusion of warranty

The guarantee runs from the date specified on the invoice.

The warranty does not cover faults caused by :

Use of the Products that does not comply with the user and installation manuals supplied with said Products Products;
Poor maintenance of the Products;
Improper storage or warehousing of the Product;
Corrosion, abrasion, lack of maintenance, misuse, freezing, or any other cause external to the Product.

Notwithstanding articles 1641 et seq. of the French Civil Code, in its dealings with professional customers of a speciality similar to that of the Company, the Company shall not be bound by the warranty for Products for hidden defects in the item sold which render it unfit for its intended use.

The Appendix to Article D 211-2 of the French Consumer Code states:

The consumer has a period of two years from the date of delivery of the goods in which to obtain implementation of the in the event of a conformity defect. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.

"When the contract of sale of the good provides for the supply of digital content or a digital service on a continuous basis for more than two years, the legal warranty is applicable to this digital content or service. for a period of more than two years, the legal warranty is applicable to this digital content or digital service for the duration of the supply period. During this period, the consumer is only required to to establish only the existence of the lack of conformity affecting the digital content or service, and not the date of the date of its appearance.

"The legal warranty of conformity implies an obligation on the part of the professional, where applicable, to provide all the updates necessary to maintain the conformity of the goods. necessary to maintain the conformity of the good.

"The legal guarantee of conformity entitles the consumer to repair or replace the goods within thirty days of his or her request, free of charge and without any major inconvenience to the consumer. thirty days following his request, free of charge and without any major inconvenience for him.

"If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty. six-month extension of the initial warranty

"If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal warranty is renewed for a period of two years from the date the good is replaced. is renewed for a period of two years from the date of replacement.

"The consumer may obtain a reduction in the purchase price by keeping the goods, or terminate the contract by obtaining a full refund in exchange for the return of the goods. refunded in full against return of the goods, if:

1°) The professional refuses to repair or replace the good;
2°) The goods are repaired or replaced within thirty days;
3°) The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-conforming good, or if the consumer bears the cost of installing the repaired or replacement good;
4°) The property's non-conformity persists despite the seller's unsuccessful attempt to bring it into conformity. unsuccessful.

"The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. conformity is so serious as to justify immediate price reduction or termination of the contract. The The consumer is then not obliged to request repair or replacement of the goods beforehand.

"The consumer is not entitled to rescind the sale if the lack of conformity is minor.

"Any period during which the good is immobilized for repair or replacement suspends the remaining warranty period remaining until delivery of the repaired good.

"The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code. Code.

"A seller who obstructs the implementation of the legal conformity guarantee in bad faith is liable to a civil fine of up to civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).

The consumer also benefits from the legal warranty for hidden defects in application of articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer price reduction if the good is kept or to a full refund in exchange for the return of the good.

ARTICLE 10: OBLIGATIONS OF THE CLIENT

The Customer undertakes to comply with the terms of these GTC.

The Customer undertakes to use the Site in accordance with the laws and regulations in force.

Consequently, the Customer assumes full responsibility for the accuracy, integrity and legality, reliability and timeliness of information transmitted to the Company under these these GTS.

The Customer acknowledges that the Company cannot be held liable in the event that the information in the event that the information transmitted does not prove to be free of rights or infringes the rights the rights of a third party. In this respect, the Customer guarantees the Company that it will bear any condemnation, costs and fees incurred or borne by the Company in defending itself as a result of the Customer's default.

The Customer agrees to use the Site for personal use only, in accordance with these GCS. In this respect, the Customer agrees to refrain from:

Use the Site in any manner that is unlawful, for any purpose that is unlawful, or in any manner that is inconsistent with these these T&Cs;
To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site, or decompile, reverse engineer, disassemble, modify, display in customer-readable form, attempt to discover any source code or use any software any software enabling or comprising all or part of the Site;
Attempt to gain unauthorized access to the Site's computer system or engage in any activity that activity that disrupts, diminishes the quality of or interferes with the performance or deteriorates the functionalities of the Site;
misuse the Site by deliberately introducing viruses or any other malicious program and attempting to gain malicious programs or attempt to gain unauthorized access to the Site;
infringe the Company's intellectual property rights and/or resell or attempt to resell the Products to third parties resell the Products to third parties;
To disparage the Site, the Products and the Company on social networks and any other means of means of communication.

The Customer undertakes to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.

Consequently, the Customer assumes full responsibility for the accuracy, integrity and legality, reliability and timeliness of information transmitted to the Company under these these GTS.

If, for any reason whatsoever, the Company considers that the Customer is in breach of these GTC, the at any time, and at its sole discretion, terminate the Customer's access to the Site and take any including civil and criminal legal action.

ARTICLE 11: DUTY TO INFORM OF THE PARTIES

The Parties undertake to behave towards each other at all times as serious partners, and in good faith, and in particular to report without delay any difficulties they may encounter within the framework of the present GCS.

Under these conditions, the Company undertakes to respond without delay to any request for information from the Client.

Throughout the term of these GTS, the Customer undertakes to keep the Company regularly informed of of any information that may contribute to the proper fulfillment of the purpose of the GTS and of which it may become during the performance of the same. The information communicated by the Customer to the Company must be accurate, exhaustive and up-to-date.

ARTICLE 12: LIABILITY

The Company shall take all appropriate measures to ensure that the Customer is supplied with Products of optimum quality Products. However, under no circumstances may the Company be held liable for for any failure to perform or improper performance of all or part of the services provided for in the contract, which attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party unrelated to the contract, force majeure. More generally, should the Company be held liable, under no circumstances can it agree to compensate the Customer for indirect damage or damage for which the existence the existence and/or quantum of which would not be established by evidence.

The Site may contain links to other sites not edited or controlled by the Company, which may not be held responsible for the operation, content or any element present or obtained through such sites. be held responsible for the operation, content or any element present on or obtained through these sites.

The establishment of such links or reference to any information, articles or products provided by a third party third party, cannot and must not be interpreted as an express or tacit endorsement, by the Company, of such sites and or tacit endorsement by the Company of such sites, items or content.

The Company is not responsible for the availability of these sites and cannot control their content nor validate the advertising products or other information published on these websites.

It is expressly stipulated that the Company cannot be held responsible in any way whatsoever in any way whatsoever, in the event of the Customer's computer equipment or electronic mail system reject, for example due to anti-spam software, e-mails sent by the Company, and in particular including, but not limited to, the copy of the payment receipt, the Order summary and the follow-up e-mail. and the shipment follow-up e-mail.

The Company shall not be liable to the Customer or any third party for indirect or consequential damages as defined by French jurisprudence and courts. The following constitute indirect and/or immaterial damage: loss of earnings, increased overheads, loss of profit or clientele loss of business, loss of profit or financial loss resulting from these GTS.

The Customer is fully aware of the provisions of this article and in particular of the aforementioned warranties and limitations of liability. limitations of liability, without which the Company would never have contracted. have contracted.

ARTICLE 13: INTELLECTUAL PROPERTY

All elements of the Site, and the Site itself, are protected by copyright, trademark, design and/or other intellectual property rights. designs and/or any other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved worldwide.

The name, logos, designs, stylized letters, figurative marks and all other signs represented on the Site are and shall remain the exclusive property of the Company. on the Site are and shall remain the exclusive property of the Company.

No title or right whatsoever in any item or software shall be obtained by downloading or copying elements of the Site. It is strictly forbidden for the Customer to reproduce (other than for personal, non-commercial personal and non-commercial use), publish, edit, transmit, distribute, display, remove, delete, to the Site and the elements and software it contains, nor to modify them or perform any work nor sell or participate in any sale in connection with the Site, the elements of the Site Site, the Site elements or any related software.

The Company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and may not under any circumstances be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.

Any use by the customer of company names, trademarks and distinctive signs belonging to the Company is is strictly prohibited without the Company's express prior consent.

Use of brand, logo and promotional codes
The Luminis Films® brand, its logo, and all the visual and textual elements that make up the identity of the Luminis Films brand, property of Jam-difus', are protected by intellectual property law. intellectual property rights. Any reproduction, distribution or use, for any purpose whatsoever, of the brand, logo or any promotional code issued by luminis-films.com, without the company's prior written authorization, is strictly forbidden. is strictly prohibited. The following in particular are prohibited:

Use of the "Luminis Films" brand or logo on third-party sites without contractual agreement.
The public distribution of discount codes not expressly validated or communicated by our marketing department marketing
The creation of pages or content aimed at attracting traffic or misleading Internet users about the existence of promotions

Any offender is liable to civil and/or criminal prosecution.

ARTICLE 14: PERSONAL DATA

The Company undertakes to comply with the applicable regulations on the protection of personal data protection, and in particular the obligations arising from European regulation no. 2016/679 on the protection of personal data (RGPD).

When connecting for the first time, the Customer expressly consents to the processing of his/her personal data strictly necessary for the proper functioning of the Site and the placing of Orders. placing Orders.

The personal information collected in the context of these GTC is mandatory. This information is necessary for the processing and supply of the Products.

The Customer acknowledges and agrees that personal data may be transferred or stored outside the country country where the Company and/or authorized Customers are located, for the purpose of performing the services under these GTS.

In the case of Customers located in the European Economic Area ("EEA"), the Customer acknowledges and agrees that personal data may be transferred or stored outside the EEA, in the case of Customers located in the EEA, in the case of Customers located in the EEA. agrees that personal data may be transferred to or stored outside the EEA, for the purpose of in order to perform the services provided for in these GTC.

The Company will implement all the technical and organizational measures necessary to ensure that protection of personal data. The Company undertakes to limit the amount of personal data processed from the outset.

The Customer must ensure that it has the right to transfer the personal data concerned so that the Company may lawfully use, process and transfer such data on its behalf in accordance with the the GTC.

The Customer must ensure that the third parties concerned have been informed of the said use, processing and transfer, and that they have consented thereto, as required by all applicable legislation on data protection. transfer, and that they have given their consent, as required by all applicable data protection laws. data protection legislation.

The Company collects personal data only in compliance with the terms of these GTCs and any reasonable legal reasonable legal instructions given by the Customer at any time.

If the Company becomes aware of a violation of rights in connection with the processing of personal data, this violation will be notified to the CNIL within no more than seventy-two (72) hours of becoming aware of it.

Any violation relating to the processing of the Customer's personal data will be notified to the Customer concerned by e-mail within one (1) month.

Each Party shall take appropriate technical and organizational measures to prevent the unauthorized unauthorized or unlawful processing of personal data or their accidental loss, destruction or damage.

Use and transmission of Personal Data

In order to ensure the operation of the Site, the Company must process the necessary personal data. personal data. The data processed is transmitted directly in the following ways and for the following purposes purposes:

Satisfaction survey ;
Site traffic statistics ;
Features offered by the Site;
Informing customers, with their consent, about the Products through targeted marketing and/or promotional offers. promotional offers;
Resolution of any disputes ;
Prevent, detect and investigate all potentially prohibited and illegal activities;
To meet its legal and regulatory obligations;

The personal data collected for these purposes is mandatory for the confirmation and validation and validation of the Account. Otherwise, no Order may be placed by the Customer via the Site.

The Company may also use this data to process the Customer's requests and to to reinforce and personalize its communications, in particular by means of informative and to personalize the Site according to customers' preferences. The Company may also provide its partners with consolidated and anonymized statistics relating to Customers. However, these statistics do not contain any personal data.

This data may be transmitted to technical service providers, for the sole purpose of ensuring the proper execution of the Services. execution of the Services. The Customer accepts that the Company may share information about him/her in order to facilitate the use of the Site.

The personal data communicated by the Customer will be destroyed no later than six (6) months after deletion of the Account. deletion of the Account. The Company reserves the right to retain certain data in order to justify, if necessary, the full performance of its contractual or legal obligations. The data thus retained will be limited to what is strictly necessary.

Rights of access, modification, opposition, portability and deletion

In all cases, customers have the right to access, modify, oppose, port and delete their personal data by personal data by writing to the contact form available on the Site under the heading on the Site in the "Contact" section, indicating his or her surname, first name, e-mail and address.

In accordance with current regulations, all requests must be signed and accompanied by a photocopy of an identity document bearing the customer's signature and specify the address to which the reply. A reply will be sent within two (2) months of receipt of the request. receipt of the request.

The Customer will be able to retrieve his personal data in an open and readable format. The right to portability is limited to the data provided by the Customer concerned. It applies on the basis of the Customer's prior consent of the Customer. The Company undertakes to transfer, upon request and within one (1) any document containing personal data to the Customer in order to implement the right to portability. right to portability. The cost of recovering the data shall be borne by the Customer making the request.

Telephone canvassing - Bloctel system In accordance with article L.223-2 of the French Consumer Code, all consumers have the option of registering free of charge on the Bloctel telephone anti-solicitation list(www.bloctel.gouv.fr). We respect this and undertake to refrain from telephoning consumers registered on this list, except in the case of ongoing in the event of an ongoing contractual relationship or an explicit request from the customer.

ARTICLE 15: COOKIES AND STATISTICAL TOOLS

In accordance with CNIL deliberation no. 2013-378 of December 5, 2013, the Company further informs that cookies record certain information that is stored in the memory of their hard drive. memory of their hard disk. This information is used to generate Site audience statistics and to propose Products according to the Products they have already selected during their previous visits. A warning message, in the form of a banner, asks each person visiting the Site, beforehand, if they to accept cookies. These cookies do not contain any confidential information concerning Site users. Customers visiting the home page or any other page of the Site directly from a search engine will be search engine will be informed:

the specific purposes of the cookies used;
the possibility of objecting to these cookies and changing the settings by clicking on a link in the the banner;
and that the continuation of its navigation implies agreement to the deposit of cookies on its terminal.

To guarantee the free, informed and unequivocal consent of the Customer visiting the Site, the banner will not disappear until they have continued browsing.

Unless the Customer gives his prior consent, cookies will not be deposited or read:

if any person visits the Site (home page or directly on another page of the Site from a from a search engine for example) and does not continue browsing: a simple absence of action action does not constitute a manifestation of will;
or if he clicks on the link in the banner allowing him to configure cookies and, where appropriate, refuse the deposit of cookies.

ARTICLE 16: NEWSLETTER

When the Customer ticks the box provided for this purpose in the Site registration process to place the Order, he/she accepts to receive commercial offers from the Company for similar Products. the Order, he/she agrees to receive commercial offers from the Company for Products similar to those ordered.

Customers may unsubscribe from the newsletter by clicking on the link provided for this purpose in each newsletter. in each newsletter.

ARTICLE 17: SECURITY

The Customer undertakes not to undermine the security of the Site. To this end, he/she undertakes not to carry out any fraudulent access to and/or maintenance of the Site's information system. Nor may the Customer damage or hinder the Site's information system. Should the Customer fail to do so, the Company and, in particular, incur criminal liability pursuant to articles 323-1 et seq. of the French Penal Code.

ARTICLE 18: EVIDENTIARY AGREEMENT

In accordance with Act no. 2000-230 of March 13, 2000 adapting the law of evidence to information technologies and relating to electronic signatures, the customer's "double-click" when accepting acceptance of these GTS, as well as the Order, constitutes an electronic signature, which constitutes an electronic signature which has the same value between the Parties as a handwritten signature.

The computerized registers kept in the Company's computer systems will be preserved under under reasonable security conditions and considered as proof of communications, Orders and payments and payments between the Parties.

Orders and invoices are archived on a reliable and durable medium that can be produced as proof. as proof.

ARTICLE 19: TECHNICAL PROVISIONS

Services related to the use of the Site are provided on an "as is" and "as available" basis. The Company does not guarantee an error-free, uninterrupted and secure supply of the Site. It is under no obligation to provide personalized technical or other assistance. It disclaims all express or implied warranty, in particular concerning the quality and compatibility of the Site for the use which will be made of it.

Nor does the Company guarantee that files transmitted by Customers will not be subject to unauthorized unauthorized third parties, nor that information and data circulating on the Internet are protected against such data circulating on the Internet are protected against such attacks or possible misappropriation.

ARTICLE 20: FORCE MAJEURE

Any event beyond the Company's control and against which it could not reasonably guard shall constitute constitute a case of force majeure and therefore suspend the obligations of the Parties, such as but not limited to such as, but not limited to: a strike or technical breakdown (edf, erdf, telecom operators operators, Internet access or hosting providers, registrars, etc.), a stoppage in the supply of supply (such as electricity), a failure of the electronic communications network on which the on which the Company depends and/or any networks that may replace it.

The Company shall not be held liable, or considered to have failed in its obligations under these in these GCS, for any non-performance due to a case of force majeure as defined by French law and case French law and jurisprudence, on condition that it notifies the other Party of the event and does its utmost to its best efforts to minimize the damage and perform its obligations as soon as possible after the event of case of force majeure.

ARTICLE 21: COMPLETENESS

The provisions of these General Terms and Conditions express the entire agreement between the Customer and the Company. They prevail over any proposal, exchange of letters prior or subsequent to the conclusion the conclusion of the present contract, as well as any other provision appearing in documents exchanged between the Parties and relating to the subject matter of the GCS, except in the case of an amendment duly signed by the representatives of both Parties. Parties.

ARTICLE 22: NON-WAIVER

The fact that one of the Parties to these GTC does not require the application of any clause, be it permanent or temporary, shall in no way be considered as a waiver of the rights of this waiver of that Party's rights under said clause.

ARTICLE 23: INVALIDITY

If one or more of the provisions of these GTC are held to be invalid or declared as such as such in application of a law, a regulation or following a final decision of a competent of a competent court, the other provisions of these GCS shall remain in full force and effect. force and effect.

In such a case, the Company undertakes to immediately remove and replace said clause with a legally valid clause. legally valid clause.

ARTICLE 24: SECURITIES

In the event of any difficulty of interpretation between the title and chapter of any of the articles and any of the clauses, the titles shall be deemed to be unwritten. clauses, the titles shall be deemed to be unwritten.

ARTICLE 25: APPLICABLE LAW AND SETTLEMENT OF DISPUTES

These GTC shall be governed by and construed in accordance with the laws of France, without regard to the principles of conflict of laws. principles of conflict of laws.

The Parties agree to submit to the exclusive jurisdiction of the French Courts in the event of any dispute arising from the interpretation and/or performance of the present Terms and Conditions or in connection with the Site and/or any purchase and/or attempt to purchase through it, to a conventional mediation procedure or any other alternative alternative dispute resolution.

In accordance with Article L. 612-1 of the French Consumer Code, within one one year from the date of his written complaint, the consumer, subject to subject to article L.152-2 of the French Consumer Code, has the right to to submit a request for amicable resolution by mediation with mediation, with :
SAS Médiation Solution
222 chemin de la bergerie
01800 Saint Jean de Niost
website: https://www.sasmediationsolution-conso.fr
email: contact@sasmediationsolution-conso.fr

Any dispute which cannot be resolved amicably by the Parties concerning the interpretation, performance and termination of these GCS, shall be submitted by either Party to the jurisdiction of the courts. jurisdiction.