General Terms and Conditions of Sale (GTCS)
Terms of Use
Article 1: Scope of Application
Any order for a product listed in the online store of the Europa LED website implies prior consultation of these General Terms and Conditions of Sale. Consequently, the customer acknowledges being fully informed that their acceptance of these terms does not require a handwritten signature, as long as the customer wishes to order online the products presented in the website's store.
The customer has the option to save or print these terms and conditions, with such actions being their sole responsibility.
All this information is presented in French. The customer declares that they have the full legal capacity to enter into an agreement under these General Terms and Conditions of Sale.
Article 2: Purpose
These General Terms and Conditions of Sale are intended to define the rights and obligations of the parties in the context of the online sale of goods and services offered by Europa LED to the consumer.
Article 3: Contractual Documents
This contract is composed of the following contractual documents, listed in descending order of priority: these General Terms and Conditions of Sale, and the purchase order. In the event of a conflict between the provisions of documents of different ranks, the provisions of the higher-ranking document shall prevail.
Article 4: Electronic Signature
The consumer’s “click” on the purchase order constitutes an electronic signature which, between the parties, has the same legal value as a handwritten signature.
Article 5: Order Confirmation
The contractual information will be confirmed by email no later than at the time of delivery, or failing that, at the address provided by the customer on the order form.
Article 6: Proof of Transaction
Computerized records, stored under reasonable security conditions in the Europa LED website’s information systems, will be considered as proof of communications, orders, and payments between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that may be produced as evidence.
Article 7: Product Information
Europa LED presents on its website the products for sale with the necessary characteristics to comply with Article L111-1 of the French Consumer Code, which allows the potential buyer to be informed of the essential characteristics of the products before placing a final order.
Article 8: Prices
Prices are indicated in euros and are valid only on the date the order form is submitted by the customer. They do not include delivery fees, which are invoiced in addition and indicated before order validation.
Prices include the VAT applicable on the date of the order. Any change in the applicable VAT rate will automatically be reflected in the product prices listed in the online store. Full payment is required at the time of order. At no time can the amounts paid be considered as deposits or down payments.
Prices shown on the website are valid only for purchases made online.
Article 9: Payment Methods
To pay for their order, the customer may choose from all available payment methods listed on the order form. The customer guarantees that they have the necessary authorizations to use the chosen payment method when validating the order.
Europa LED reserves the right to suspend any order processing and delivery in the event of refusal of payment authorization by officially accredited financial institutions, or in case of non-payment.
Europa LED also reserves the right to refuse delivery or to fulfill an order from a customer who has not fully paid a previous order or with whom a payment dispute is ongoing.
For any payment made via the website, the seller reserves the right to require the buyer to provide proof of identity and address before validating the sale.
Article 10: Product Availability
If one or more ordered products become unavailable for more than 30 days, particularly due to supplier delays, the customer will be notified as soon as possible and will have the option to cancel the order.
The customer may then choose either a refund of the amounts paid within 30 days from the payment date or a replacement product.
Article 11: Delivery Terms
Products are delivered to the address indicated by the customer on the order form and only to countries available in the dropdown menu on the virtual cart page.
The delivery period is specified on the order confirmation page.
Shipping is free for orders over €200 (excluding VAT) for delivery within mainland France only.
When the product is delivered to the address specified on the order form by a carrier, it is the customer's responsibility to check the condition of the delivered product in the presence of the delivery person. In the event of damage or missing items, the customer must make written remarks on the delivery note or transport receipt and may refuse the delivery. The customer should notify Europa LED, especially if the package appears to have been opened or shows visible signs of damage.
Europa LED recommends that the customer open the package in the presence of the delivery person during hand delivery to verify the condition of the delivered goods.
The customer must check the condition of the packaging upon delivery and report any damage on the delivery note and to Europa LED within 10 business days of delivery. A copy of the report will then be sent to the carrier.
Article 12: Delivery Issues Caused by the Carrier
Any delivery anomaly (damage, missing product as compared to the delivery slip, damaged package, broken items, etc.) must be clearly indicated on the delivery slip in the form of handwritten reservations, accompanied by the customer's signature.
The customer must confirm such anomalies by sending a written statement within 10 business days of the delivery by registered mail with acknowledgment of receipt or by email, outlining the claims to the following address:
FVE - Europa LED
BP24
51 rue Lagescarde
27240 - Mesnils sur Iton – France
Email: info@led-world-pro.fr
In the event of a delivery delay of more than one week compared to the shipping confirmation email, we kindly ask you to notify us by phone or email. We will then contact the carrier to initiate an investigation.
This investigation may take up to 21 days from its start date. If the product is located during this period, it will be immediately redirected to your address. However, if the product is not found at the end of the 21-day period, the carrier will consider the parcel as lost.
Only then can we send you a replacement product at our expense. If the item(s) ordered are no longer available at that time, we will refund the amount of the product(s) lost by the carrier.
Article 13: Warranties
Legal Warranty
As a professional seller, Europa LED is liable for any lack of conformity of the goods covered by the contract under Articles L. 217-4 and following of the French Consumer Code, as well as for hidden defects under Articles 1641, 1648, 2232 and following of the French Civil Code.
Legal Guarantees
Below are the legal provisions from the French Consumer Code regarding the legal warranty of conformity:
Legal Warranty of Conformity
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Article L217-4:
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when it is made the seller's responsibility under the contract or carried out under their responsibility.
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Article L217-5:
The goods are in conformity with the contract if they:
1° Are fit for the purpose usually expected of similar goods and, where applicable:
- match the description given by the seller and possess the qualities presented to the buyer in the form of a sample or model;
- have the qualities a buyer can reasonably expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
2° Or if they have the features defined by mutual agreement by the parties or are suitable for any special use sought by the buyer, made known to the seller and accepted by the seller.
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Article L217-6:
The seller is not bound by the public statements made by the producer or its representative if it is proven that the seller was unaware of them and could not legitimately have known about them.
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Article L217-7:
Non-conformities that appear within 24 months from the delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.
For second-hand goods, this period is set at six months.
The seller may rebut this presumption if it is incompatible with the nature of the goods or the claimed lack of conformity.
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Article L217-8:
The buyer is entitled to demand that the goods conform to the contract. However, they cannot contest conformity by invoking a defect they were aware of or could not have been unaware of when the contract was made. The same applies when the defect originates from materials supplied by the buyer.
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Article L217-9:
In case of non-conformity, the buyer may choose between repairing or replacing the goods.
However, the seller may refuse the buyer’s choice if it would result in a cost that is clearly disproportionate compared to the alternative, taking into account the value of the goods or the significance of the defect. In such a case, the seller must proceed with the alternative method, unless it is impossible.
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Article L217-10:
If repair and replacement are impossible, the buyer may return the goods and be reimbursed the full price, or keep the goods and receive a partial refund.
This option also applies:
1° If the solution requested, proposed, or agreed upon under Article L217-9 cannot be implemented within one month following the buyer’s claim;
2° Or if this solution cannot be applied without significant inconvenience to the buyer, given the nature of the goods and their intended use.
The cancellation of the sale cannot be pronounced if the non-conformity is minor.
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Article L217-11:
The application of Articles L217-9 and L217-10 must be carried out at no cost to the buyer.
These provisions do not prevent the awarding of damages.
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Article L217-12:
The action resulting from a lack of conformity is time-barred after two years from the delivery of the goods.
If you wish to invoke the legal warranty of conformity, you:
- Have a period of two years from the delivery of the goods to take action;
- May choose between the repair or replacement of the goods, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
- Are exempt from having to prove the existence of the defect during the 24 months following the delivery of the goods.
To exercise your right to the legal warranty of conformity, please contact the company at the following address:
By email: info@led-world-pro.fr
By mail:
FVE - Europa LED
BP24
51 rue Lagescarde
27240 - Mesnils sur Iton – France
Hidden Defects Warranty
The consumer may also invoke the warranty against hidden defects (latent defects) of the item sold, as defined in Article 1641 of the French Civil Code.
In such a case, the buyer may choose either to cancel the sale or to request a price reduction in accordance with Article 1644 of the Civil Code.
Below are the legal provisions from the French Civil Code related to the hidden defects warranty:
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Article 1641:
The seller is liable for hidden defects in the item sold that render it unfit for its intended use, or that diminish its usefulness to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had they known of the defects.
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Article 1644:
In the case referred to in Article 1641, the buyer has the choice of returning the item and obtaining a refund of the price, or keeping the item and receiving a partial refund.
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Article 1648:
The action resulting from redhibitory defects must be initiated by the buyer within two years from the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, under penalty of forfeiture, within one year from the date on which the seller can be discharged from liability for apparent defects or non-conformities.
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Article 2232:
The postponement of the starting point, suspension, or interruption of the limitation period may not have the effect of extending the limitation period beyond twenty years from the date on which the right arose.
This first paragraph does not apply in the cases mentioned in Articles 2226, 2227, 2233, and 2236, in the first paragraph of Article 2241, and in Article 2244. It also does not apply to actions relating to the personal status of individuals.
Article 14: Right of Withdrawal
You have the right to withdraw from your order without giving any reason within a period of fourteen (14) days.
In the case of an order for a single item, the withdrawal period expires fourteen days after the day on which you, or a third party designated by you other than our carrier, physically takes possession of the item.
In the case of an order for multiple items ordered in a single order and delivered separately, the withdrawal period expires fourteen days after the day on which you, or a third party designated by you other than our carrier, physically takes possession of the last item.
To exercise your right of withdrawal, you must notify us of:
— your name, your physical address and, where available, your telephone number, fax number, and email address;
— and your clear decision to withdraw from the contract (for example, by a letter sent by post, fax or email to the following address: info@led-world-pro.fr).
You may use the withdrawal form template provided below, although it is not mandatory.
WITHDRAWAL FORM
Articles L 221-18 and following of the French Consumer Code
Please complete and return this form only if you wish to withdraw from the contract.
To:
The Company
FVE - Europa LED
BP24
51 rue Lagescarde
27240 - Mesnils sur Iton – France
I/We () hereby notify you of my/our () withdrawal from the contract concerning the sale of the following item(s): ………………..
Ordered on () / received on (): ………………..
Customer’s name: ………………..
Customer’s address: ………………..
Customer’s signature: ………………..
Date: ………………..
(*) Delete as appropriate
- Complete and sign this form
- Send it by registered letter with acknowledgment of receipt, by email to the following address: info@led-world-pro.fr, or via our online withdrawal form by clicking on this link
- Use the address indicated on the order confirmation
- Send it no later than the 14th day after the delivery of the last item if the withdrawal concerns the sale of one or several goods
- If this deadline expires on a Saturday, Sunday, or a public holiday, it is extended to the next working day
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
Effects of Withdrawal
In case of your withdrawal, we will refund all payments received from you, including delivery charges (except for any additional costs resulting from your choice, if any, of a delivery method other than the least expensive standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day we are informed of your decision to withdraw from this contract.
A prepaid return label will be sent to you by mail (or email) for this purpose.
We will proceed with the refund using the same payment method you used for the initial transaction; in any case, this refund will not incur any fees for you.
You must return or hand over the goods to our address without undue delay and, in any event, no later than fourteen days after you have informed us of your decision to withdraw from this contract.
This deadline is considered met if you send back the goods before the expiration of the fourteen-day period.
Returned goods must be in their original condition and complete (packaging, accessories, instructions...) so that they can be resold as new; they should, if possible, be accompanied by a copy of the proof of purchase.
The goods must not show signs of prolonged use beyond what is necessary to establish their nature, characteristics, and proper functioning. They must be returned in a condition allowing resale.
Your liability is limited to any depreciation of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the goods.
Products must be returned to the following address:
FVE - Europa LED
BP24
51 rue Lagescarde
27240 - Mesnils sur Iton – France
Custom-made Products
Products such as:
- LED Panels "Skyled"
- Floodlights Series EVASION
- Floodlights Series EXCEPTION
- Floodlights Series EVOLUTION
- Floodlights Series ROUND
- Solar Lamp Posts Series DREAM V2
which are custom-made upon client request will be accepted for return and refunded at 50% of the purchase price due to manufacturing costs, in accordance with Article L221-28 of the French Consumer Code.
"Energy Station" Products
Products such as:
- Energy Station Series AZUR
- Energy Station Series RESCUE
have a warranty of 2 years excluding the battery, whose warranty duration is 6 months.
"Premium After-Sales Service" (SAV Premium)
As stated on our site, we offer a "Premium After-Sales Service" to our regular customers, which allows sending replacement parts before receiving the defective product at our premises.
This service is only valid for our regular customers who meet the following conditions:
- Minimum purchase of €5000 excluding tax over the last 12 months.
For all other cases, the defective part must be sent to our premises before replacement or repair.
Article 15: No Waiver
The fact that one party does not invoke a breach by the other party of any of the obligations set forth in these general terms and conditions of sale shall not be interpreted as a waiver of the obligation in question for the future.
Article 16: Invalidity of a Clause in the General Terms and Conditions of Sale
The invalidity of any contractual clause shall not entail the invalidity of these general terms and conditions of sale, except if it is a decisive and essential clause that led one of the parties to enter into the sales contract.
Article 17: Consumer Mediation
In case of dispute, you must first contact the company's customer service at (non-premium rate number from a landline in mainland France), Monday to Friday except public holidays, from 8 am to 8 pm, or by postal mail at:
FVE – Europa LED
Centre Multiburo
46 bis Avenue du Maine
Quartier Montparnasse
75015 Paris, France
If the complaint to the customer service fails or if no response is received within two months, the consumer may submit the dispute concerning the order or these general terms and conditions of sale to a mediator who will attempt, independently and impartially, to bring the parties together to reach an amicable solution.
To submit a mediation request, the consumer can use the complaint form available on the mediator’s website.
The parties remain free to accept or refuse mediation, and if mediation is used, to accept or reject the solution proposed by the mediator.
Europa LED has joined the European Commission’s online dispute resolution platform:
Website: https://ec.europa.eu/consumers/odr/main
National contact point – France
BAHNHOFSPLATZ 3
77694 KEHL
GERMANY
Contact is only available by email at: ODR-FRANCE@CEC-ZEV.EU
In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, Europa LED has implemented a consumer mediation scheme. The mediation entity selected is: SAS CNPM – MÉDIATION – CONSOMMATION. In case of dispute, the consumer may file a complaint on the website:
http://cnpm-mediation-consommation.eu
or by postal mail addressed to:
CNPM – MÉDIATION – CONSOMMATION
27, avenue de la Libération
42400 SAINT-CHAMOND
France
Article 18: Applicable Law
In case of a complaint, the consumer shall primarily contact Europa LED to seek an amicable solution.
Failing an amicable agreement, you may bring the dispute before the competent court regarding any issue related to the existence, interpretation, conclusion, execution, or termination of the contract, as well as all documents related to this contract.
The competent court shall be that of the defendant’s place of residence (Article 42 of the French Code of Civil Procedure) or the place of effective delivery of the goods or performance of the service (Article 46 of the French Code of Civil Procedure).
Article 19: Data Protection and Privacy
In accordance with the French Data Protection Act "Informatique et Libertés" No. 78-17 of January 6, 1978, you have the right to access and rectify your personal data. You can exercise this right by sending a written request to the following address:
FVE - Europa LED
BP24
51 rue Lagescarde
27240 - Mesnils sur Iton – France
The collection of personal data, its use for order processing and the creation of customer files, as well as its sharing with third parties responsible for order fulfillment and payment, is subject to the consent of the data subject.
The processing of personal data, which is retained by the publisher solely for proper administration of orders and commercial relations, has been declared to the French Data Protection Authority (Commission Nationale Informatique et Libertés - CNIL).
The consumer has at any time the right to access, modify, correct, or delete their personal data.
