Tu as raison, je l'ai inventé. Je reprends avec lumachosen.com et contact@lumachosen.com, comme dans ton texte d'origine.

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Terms of Service

Article 1 – Definitions

These Terms of Service (hereinafter the "Terms") are provided by LumaChosen.

The following definitions apply:

"Website": the website "https://lumachosen.com" and all of its pages, the exclusive property of the Company.

"Products" or "Services": all products and services available for purchase on the Website.

"Seller", "we", "us" or "our": LumaChosen, offering its Products or Services on the Website.

"Customer", "you" or "your": any individual or business making a purchase of Product(s) or Service(s) on the Website.

"Consumer": any individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession, as defined in the Consumer Rights Act 2015.

Any visitor to the Website interested in the Products and Services offered by the Seller is invited to read these Terms carefully, print them and/or save them on a durable medium before placing an order on the Website.

The Customer acknowledges having read these Terms and accepts them in full.

Article 2 – Application of the Terms and Purpose of the Website

The Seller reserves the right to modify these Terms at any time by publishing a new version on the Website. The Terms applicable to the Customer are those in force on the day of their order.

Legal information regarding the Website's host and publisher, the collection and processing of personal data and the conditions of use of the Website are provided in the Terms of Use, Legal Notice and Privacy Policy of this Website.

This Website offers the online sale of decorative solar garden lighting.

The Website is freely accessible to all Customers. Purchasing a Product or Service implies the Customer's full acceptance of these Terms, which they acknowledge having read in full. This acceptance may consist, for example, of ticking the box corresponding to the acceptance statement, such as "I acknowledge that I have read and accepted all of the Website's terms and conditions." Ticking this box will be deemed to have the same value as a handwritten signature.

Acceptance of these Terms assumes that Customers have the legal capacity to do so. By placing an order, the Customer confirms that they are at least 18 years old and legally capable of entering into a binding contract. If the Customer is under 18 or otherwise lacks legal capacity, they declare that they have the authorisation of a parent, guardian or legal representative.

The Customer acknowledges the evidentiary value of the Seller's automatic recording systems and, unless they provide evidence to the contrary, waives the right to contest them in the event of a dispute.

Any order for Products implies the Customer's unreserved acceptance of these Terms of Service, which prevail over any other document such as catalogues, advertisements or leaflets, unless expressly agreed otherwise in advance by the Company.

Article 3 – Customer Service

The customer service of this Website can be reached by email at contact@lumachosen.com, by contact form, or by post at the address indicated in the Legal Notice. The Customer must include in their email their first name, last name, the subject of their request and their order number.

We aim to acknowledge all enquiries within two (2) working days.

For any business enquiry (partnership, media, contract proposal), the Company can only be reached by email at contact@lumachosen.com.

Article 4 – Ordering Process

The Products and Services offered are those listed in the catalogue published on the Website. Each product is accompanied by a description prepared by the Seller based on information provided by the supplier.

The photos on the Website are for illustration purposes only and may vary slightly from the models photographed. These variations are due to screen and camera settings, product lighting, shooting angles and similar factors. The Products will, however, be as described in all material respects.

The "Basket" refers to the virtual container grouping all Products or Services selected by the Customer for purchase. To place an order, the Customer selects the Product(s) they wish to order by adding them to their Basket, the contents of which can be modified at any time.

To place an order on the Website, the Customer freely selects one or more Products from the catalogue by clicking the "Add to Basket" button. On the Basket page, the Customer can review the details of their order and correct any errors before confirming it.

On the Information page, the Customer must enter their contact details. They may opt in to order tracking by email by ticking the appropriate box.

On the Delivery page, the Customer must choose their preferred delivery method.

On the Payment page, the Customer must enter their payment details and billing address. The Customer may also enter a promotional code if they have one.

A complete order summary is then displayed. The Customer can modify any element of the order before finalising it. The Customer is responsible for any errors relating to the order, the Products or their contact information.

Placing an order by clicking the "Complete order" button, accepting these Terms of Service and completing payment according to the chosen method constitutes an offer to purchase. The contract between the Customer and the Seller is formed when the Seller sends the Customer an order confirmation email. If the Product ordered is unavailable, the Seller will inform the Customer as soon as possible and refund any sums paid in full.

Article 5 – Prices and Payment

Unless otherwise stated, the prices in the catalogue are in pounds sterling (GBP) and are inclusive of UK VAT where applicable. Delivery charges are shown separately and are confirmed to the Customer before they complete their order.

The Seller reserves the right to modify its prices at any time. However, the price listed in the catalogue on the day of the order will be the only one applicable to the Customer.

The Customer may place an order on this Website and pay by credit or debit card, Apple Pay, Google Pay or PayPal. Card payments are processed through secure transactions provided by an online payment platform provider.

This Website has no access to any of the Customer's payment details. Payment is made directly to the bank or payment provider receiving the Customer's payment. In the event of payment by bank transfer, the delivery times defined in Article 6 of these Terms only begin to run from the date of actual receipt of payment by the Seller. Product availability is indicated on the Website, in each Product's description.

LumaChosen will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. Computerised records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

Article 6 – Delivery

Delivery charges will be indicated to the Customer before any payment. Orders can be delivered to addresses within the United Kingdom (England, Wales, Scotland and Northern Ireland).

Delivery times indicated at the time of ordering are estimates and remain dependent on possible delays by postal services or other circumstances preventing delivery (industrial action, weather conditions and similar events).

Unless otherwise agreed with the Customer, the Seller undertakes to deliver the Products without undue delay and in any event no later than thirty (30) days after the day on which the contract is entered into, in accordance with section 28 of the Consumer Rights Act 2015.

Goods remain the responsibility of the Seller until they come into the physical possession of the Customer, or of a person identified by the Customer to take possession of them. If a parcel is lost or damaged in transit, the Customer should contact customer service and the Seller will arrange a replacement or a refund at no cost to the Customer.

Where delivery is made in person, the Customer may refuse a parcel at the time of delivery if they notice a problem (damage, missing Product compared to the delivery note, damaged parcel, broken Products and similar issues). Any such problem should be noted on the delivery note where possible. Where delivery is made without the Customer present, or to a letterbox or safe place, the Customer is asked to check the parcel promptly and to contact LumaChosen customer service if they notice any problem. Failure to report visible damage promptly does not affect the Customer's statutory rights.

If the Customer's parcel is returned to the Seller by the postal service or another carrier, the Seller will contact the Customer upon receipt of the returned parcel to ask how they wish to proceed. Where the parcel was returned because the Customer refused it in error or provided an incorrect or incomplete address, the Seller may ask the Customer to cover the postage cost of a new shipment, including for orders where delivery was originally free.

In the event of a delivery error or an exchange, any Product to be exchanged or refunded must be returned to the Seller in its entirety and in a condition allowing resale. Any defect resulting from mishandling by the Customer cannot be attributed to the Seller. This paragraph does not affect the Customer's statutory rights in respect of faulty or misdescribed goods.

If the Seller fails to deliver within the agreed period and delivery within that period was essential, or if the Customer told the Seller before the contract was entered into that delivery within that period was essential, the Customer may treat the contract as at an end and receive a full refund. In any other case, the Customer may specify a new reasonable delivery period and, if the Seller fails to meet it, treat the contract as at an end and receive a full refund. Refunds will be made without undue delay and in any event within fourteen (14) days of the date of cancellation. This clause does not apply where the delivery delay is due to a force majeure event.

Special case of a parcel whose tracking indicates "delivered" but which has not been received: if the Customer notices and informs the Seller that the parcel has not arrived despite the tracking showing "delivered", customer service may request additional information as well as supporting documentation from the carrier in response to their claim. The Seller will then do everything possible to ensure the Customer's satisfaction, including, where appropriate, re-shipping the Products at its own expense or issuing a refund.

Article 7 – Right to Cancel (14-Day Cooling-Off Period)

If the Customer is a Consumer, they have the right to cancel their order within fourteen (14) days without giving any reason, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Cancellation period. The cancellation period expires fourteen (14) days from the day on which the Customer, or a third party other than the carrier indicated by the Customer, acquires physical possession of the goods. Where an order is delivered in several instalments, the period runs from the day on which the last item is received.

How to cancel. To exercise this right, the Customer must inform the Seller of their decision to cancel by a clear statement, for example an email to contact@lumachosen.com or a letter sent by post to the address given in the Legal Notice. The Customer may use the model cancellation form set out at the end of these Terms, but is not obliged to do so. To meet the cancellation deadline, it is sufficient for the Customer to send their communication before the cancellation period has expired.

Returning the goods. The Customer must send the goods back without undue delay and in any event no later than fourteen (14) days from the day on which they informed the Seller of their decision to cancel.

Cost of returning the goods. The Customer will bear the direct cost of returning the goods, except where the goods are faulty, damaged or not as described.

Refunds. The Seller will reimburse all payments received from the Customer, including the cost of standard delivery, except for any supplementary costs arising if the Customer chose a delivery method other than the least expensive standard delivery offered. The refund will be made without undue delay and no later than fourteen (14) days after the day the Seller receives the goods back, or the day the Customer supplies evidence of having sent the goods back, whichever is earlier. The Seller will use the same means of payment as the Customer used for the initial transaction, unless the Customer expressly agrees otherwise. In any event the Customer will not incur any fees as a result of the reimbursement.

Diminished value. The Customer is only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.

Article 8 – Returns and Refunds

In addition to the statutory right to cancel set out in Article 7, the Seller offers a commercial returns policy of thirty (30) days from the delivery date of the order, in accordance with our Return, Refund and Cancellation Policy available on the Website. This commercial policy is offered voluntarily and does not affect the Customer's statutory rights.

The Product must be returned in a condition allowing resale, ideally in its original packaging and unused. The Customer will bear the cost of returning the Product, except in the case of a faulty, damaged or non-conforming Product.

It is recommended that the Customer use a trackable return shipping method. Otherwise, if the returned parcel does not reach the Seller, it will not be possible to open an enquiry with the postal services to locate it.

The refund will be made using the same payment method as the one chosen by the Customer for the initial transaction, unless the Customer expressly agrees to a different method, and provided the refund does not incur any cost for the Customer.

The Seller reserves the right to defer the refund until receipt of the Product or until the Customer has provided proof of postage of the Product.

In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.

Article 9 – Your Legal Rights and Product Guarantee

Your statutory rights. Nothing in these Terms limits or excludes the Customer's legal rights under the Consumer Rights Act 2015 or any other applicable consumer protection legislation. Under the Consumer Rights Act 2015, goods must be of satisfactory quality, fit for purpose and as described. If they are not, the Customer has the following rights:

Up to thirty (30) days from delivery: the short-term right to reject the goods and obtain a full refund.

After thirty (30) days and up to six (6) months: the right to request a repair or replacement. If the repair or replacement fails or is not possible, the Customer may claim a price reduction or a refund.

Up to six (6) years in England, Wales and Northern Ireland, or five (5) years in Scotland: the Customer may still be able to bring a claim if the goods were not of satisfactory quality when supplied.

Where a fault appears within the first six (6) months after delivery, it is presumed to have been present at the time of delivery unless the Seller can show otherwise.

Our voluntary guarantee. In addition to the Customer's statutory rights, all items purchased on this Website are covered by a voluntary guarantee of sixty (60) days from the date of delivery, under normal conditions of use, excluding failures caused by external factors such as misuse, accidental damage or unauthorised modification. Under this guarantee the Seller undertakes to replace the defective item free of charge. This guarantee is offered in addition to, and does not affect, the Customer's statutory rights.

In the event of a non-conforming Product being delivered, it may be returned to the Seller, who will exchange it. If an exchange is impossible (discontinued Product, out of stock and similar reasons), the Customer will be refunded the amount of their order. The costs of the exchange or refund procedure, including return postage, shall then be borne by the Seller.

Article 10 – Liability

The Seller LumaChosen cannot be held liable for non-performance of the contract due to the occurrence of a force majeure event.

Nothing in these Terms excludes or limits the Seller's liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for breach of the terms implied by the Consumer Rights Act 2015, or for any other liability that cannot lawfully be excluded or limited.

Subject to the paragraph above, and to the fullest extent permitted by applicable law, the Seller shall not be liable for any loss or damage that was not foreseeable at the time the contract was entered into, nor for any business loss, including loss of profit, loss of business, business interruption or loss of business opportunity, where the Customer uses the Products for any commercial or business purpose.

The choice and purchase of a Product or Service are the responsibility of the Customer. The total or partial inability to use the Products, in particular due to equipment incompatibility, cannot give rise to any compensation, refund or liability of the Seller, except in the case of a proven hidden defect, non-conformity or faulty product.

To the fullest extent permitted by applicable law, LumaChosen shall not be held liable for:

any loss or damage, in particular loss of profits, loss of business, loss of customers or data resulting, among other things, from the use of the Website or the inability to use it, where such loss was not foreseeable;

any malfunction, unavailability of access, misuse, incorrect configuration of the Customer's computer, or the use of an uncommon browser by the Customer;

the content of advertisements and other links or external sources accessible by Customers from the Website.

The Seller's liability cannot be engaged if the characteristics of the Products differ from the visuals on the Website, or if the latter are incomplete, provided the Products remain as described in all material respects. Nothing in this article limits the Customer's statutory rights.

Article 11 – Force Majeure

Force majeure events are events beyond the reasonable control of the parties, which they could not reasonably have foreseen and which they could not reasonably avoid or overcome, insofar as their occurrence makes performance of the obligations impossible.

The occurrence of a force majeure event will automatically suspend the performance of the order. The Seller will contact the Customer as soon as reasonably possible to notify them and to arrange a revised delivery date.

Beyond a period of ninety (90) calendar days, if the parties find that the force majeure event persists, the order may be cancelled by either party and the sales contract terminated. To this end, the more diligent party must send the other written notice terminating the sales contract. In this case the Customer will receive a full refund of any sums paid, and neither party may claim damages, unless otherwise agreed by both parties.

The Customer may also cancel the order at any time during a force majeure event and receive a full refund for any Products not yet delivered.

Article 12 – Intellectual Property Rights

All elements of this Website belong to the Seller or to an authorised third party, or are used by the Seller with the permission of their owners.

All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the Website are protected by copyright, trade mark law, image rights and patent law. No one is authorised to reproduce, exploit, redistribute or use in any capacity whatsoever, even partially, any elements of the Website.

Only the use of the Website for private purposes is authorised.

Any total or partial reproduction of the Company's catalogue is strictly prohibited. Any reproduction, representation or adaptation of the logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and constitutes infringement.

Any Customer found to have infringed these rights may have their account deleted without notice or compensation, without prejudice to possible subsequent legal proceedings against them, at the initiative of the Seller or its representative.

Article 13 – Personal Data

The Company collects the Customer's data:

a) for the purpose of processing and tracking the Customer's order on its Website; and/or

b) in order to contact the Customer about various events relating to the Company, including product updates and customer relationship management; and/or

c) in order to collect information enabling us to improve the Website and our Products, in particular through cookies.

The data collected is processed by the Website's contractual service providers in charge of packaging and delivering the ordered Products, as well as by the hosting provider Shopify Inc., whose servers are secure and protected by a firewall.

The data collected is kept by the Company only for the time corresponding to the purposes of collection above, and in any event no longer than six (6) years, in line with our legal record-keeping obligations.

In accordance with the UK General Data Protection Regulation and the Data Protection Act 2018, the Customer has the right of access, rectification, erasure, restriction of processing, data portability and objection regarding their personal data. The Customer may exercise these rights by email at contact@lumachosen.com.

If the Customer is unhappy with how their personal data has been handled, they have the right to lodge a complaint with the Information Commissioner's Office (ICO), the UK supervisory authority for data protection, at ico.org.uk or on 0303 123 1113.

For more details, please refer to our Privacy Policy.

Article 14 – Comments and Other User Submissions

If the Customer sends ideas, suggestions or other materials, whether online, by email, by post or otherwise (collectively, "comments"), whether at the Company's request or not, the Customer grants the Company the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any comments sent to it.

The Company is not and shall not be required to (1) maintain the confidentiality of comments; (2) pay compensation to anyone for any comments provided; (3) respond to comments.

The Company may monitor, edit or remove content that it deems, in its reasonable discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property right or these Terms of Service.

The Customer agrees to write comments that do not violate the rights of third parties, including copyright, trade marks, privacy, personality or other personal or proprietary rights. The Customer agrees not to include any unlawful, defamatory, offensive or obscene content in their comments, and that they will not contain any computer viruses or other malicious software that could affect the operation of the Website or associated websites. The Customer agrees not to use a false email address, impersonate anyone else, or attempt to mislead the Company and/or third parties as to the origin of their comments.

The Customer is responsible for the comments they publish and their accuracy. The Company assumes no responsibility and disclaims all liability for comments published by the Customer or any third party, to the fullest extent permitted by law.

Article 15 – Severability

If any provision of these Terms is held to be unlawful, void or unenforceable for any reason, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

These Terms supersede all prior or contemporaneous written or oral agreements. The Terms are not assignable, transferable or sub-licensable by the Customer.

A printed version of these Terms and of any notice given in electronic form may be requested in judicial or administrative proceedings relating to these Terms.

Article 16 – Complaints, Governing Law and Disputes

Complaints. If the Customer is unhappy with a Product or with our service, they should contact customer service at contact@lumachosen.com in the first instance. We aim to resolve all complaints quickly and fairly. If we are unable to resolve a complaint to the Customer's satisfaction, we will inform the Customer of any alternative dispute resolution scheme available to them, as required by the Alternative Dispute Resolution for Consumer Disputes Regulations 2015.

Governing law. These Terms of Service are governed by the laws of England and Wales. If the Customer is a Consumer resident in Scotland or Northern Ireland, they may also bring proceedings in the courts of their own jurisdiction, and they will benefit from any mandatory provisions of the law of that jurisdiction.

Fraud. The Website reserves the right to initiate legal proceedings against any attempted fraudulent purchase or purchase made with a prohibited, stolen or falsified payment card. In such cases, no attempt at amicable settlement will be accepted.

Indemnity. Where the Customer is acting as a business and not as a Consumer, the Customer agrees to defend, indemnify and hold harmless the Company, its affiliates, officers, subsidiaries, successors, assigns, directors, agents, service providers, suppliers and employees, from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of the Customer's use of the Website or our products and services, the Customer's breach of these Terms, or the Customer's breach of any of their acknowledgements, agreements, representations, warranties and obligations herein. This clause does not apply to Consumers.

The parties remain free to submit any dispute to a court under the applicable legal provisions. Nothing in these Terms affects any mandatory rights the Customer may have to bring proceedings in the courts of their own country of residence.

The invalidity or unenforceability of any clause of these Terms of Service shall not affect the validity of the other provisions and shall not release the Customer from the performance of their contractual obligations.

Annex – Model Cancellation Form

Complete and return this form only if you wish to cancel the contract.

To: LumaChosen, [POSTAL ADDRESS], contact@lumachosen.com

I/We hereby give notice that I/We cancel my/our contract of sale of the following goods:

Ordered on / received on:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date: