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Luminaires de Serge Mouille® official website
The general terms and conditions of sale described below detail the rights and obligations of Editions Serge Mouille (hereinafter referred to as “the company”, “the seller” or “Editions Serge Mouille®”) and its customer (hereinafter referred to as “the customer” or “the buyer”) in connection with the sale of its products. Any order implies full and unreserved acceptance by the purchaser of the present terms and conditions of sale. They take precedence over any conditions stipulated by the purchaser, notably in his purchasing conditions and order forms, unless waived in writing by the seller.
Orders sent to us are always subject to our acceptance. This acceptance can only result from the issue of a written acknowledgement of receipt of the order by Editions Serge Mouille. The information given in catalogs, prospectuses, advertisements, price lists and other commercial documents or on our website www.serge-mouille.com is given for information purposes only and is not binding on us.
The company reserves the right to refuse an order, particularly in the event of a previous payment incident or insufficient financial guarantees, or for technical reasons.
All commitments made by our representatives are valid only after acceptance and confirmation by Editions Serge Mouille. Any modification concerning an order in progress must be notified by the purchaser in writing and accepted in advance by the company within fourteen days of receipt of the order confirmation sent by the company.
The preceding paragraph does not include custom-made lamps, which are expressly ordered subject to feasibility approval by Editions Serge Mouille. Final confirmation by the purchaser will lead to production and cannot be cancelled under any circumstances.
In accordance with article L. 121-20 of the French Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay any penalties”. The above-mentioned period does not run from receipt of the goods ordered, as the manufacturing lead time is at least six weeks (6 weeks). The purchaser therefore has sufficient time to consider a withdrawal within fourteen days of order confirmation.
In the event of cancellation of the order after this fourteen-day period, the deposit paid will be retained as compensation. With the exception of recognized manufacturing defects, all complaints must be notified within THREE DAYS (3 days) at the latest of delivery by registered letter with acknowledgement of receipt, proof of delivery serving as proof.
Custom-made lamps are excluded.
The price applicable to a product is that of our price list in force on the date of the order or, failing this, that of the offer we issue after consultation with the purchaser. The price includes the product packaged and protected by us. A surcharge of ten percent (10%) applies to custom-made products.
In the event of delivery of the product to the purchaser, he will be invoiced for the delivery costs unless he has the products collected himself by a carrier, for which he will pay directly.
For buyers outside the European Union, customs duties, or other local taxes, or import duties or state taxes may be payable by the buyer.
All order confirmations give rise to the issue of a pro forma invoice, with a request for a deposit equal to forty percent (40%) of the total amount. This deposit enables us to start the manufacturing process. As soon as manufacturing is complete, the invoice is issued and sent to the purchaser. The balance must be paid before the products are collected by the appointed carrier. No discount or carriage paid is applicable.
In the event of a balance remaining unpaid despite several reminders within three months of the invoice being sent, we reserve the right to dispose of the products and allocate them to other buyers. The deposit paid will not be reimbursed.
In the event of partial or total non-payment of an invoice one month after receipt, late payment interest will be automatically payable at the interest rate applied by the European Central Bank to its most recent refinancing operation, plus 10 percentage points, from the due date until actual payment, together with a flat-rate indemnity for collection costs of forty euros. In the event of recourse to a third party for the implementation of the collection procedure (bailiff, collection company, lawyer, etc.), an additional indemnity equal to 15% of the sums due will also be invoiced to the purchaser. Non-payment of an invoice on the due date also authorizes us to suspend delivery of all of the purchaser’s current orders, and renders all our claims against the purchaser immediately payable, without any prior formality.
Any complaint concerning the amount of an invoice will only be taken into account if it is sent to us in writing within fifteen days of the invoice being issued.
The seller expressly reserves ownership of the goods sold until full payment of the price and interest due. The delivery of a bill of exchange or other instrument creating an obligation to pay does not constitute payment.
Delivery costs are borne by the customer. Delivery times are given as an indication only and are not binding; consequently, any delays cannot give rise to the payment of indemnities, benefits or damages to the purchaser. The products are placed at the disposal of the carriers, who either collect the parcels directly from the purchaser, or from Editions Serge Mouille. Product loading operations are carried out by the vehicle operator. In all cases, the buyer is responsible for unloading the products at the place of delivery.
The burden of risk for the products sold is transferred to the buyer when the packages are loaded into the carrier’s vehicle. We undertake to pack and protect our products using all necessary means at our disposal. Custody of the products sold is also transferred to the carrier, whether chartered by us or by the purchaser. Custody then passes to the purchaser upon arrival of the products at his premises, home or worksite, before unloading.
9.1. En cas de défaut de qualité d’un produit, dûment constaté par nous-mêmes, notre garantie se limite au remplacement pur et simple du produit défectueux, sous un délai de fabrication identique au délai initial du fait de la fabrication artisanale. Il n’y aura aucune indemnisation des dommages directs ou indirects subis par l’acheteur ou son personnel ou encore tout tiers du fait de la défectuosité. La durée de notre garantie est de deux ans (2 ans).
9.2. Cependant, en cas de vice apparent d’un produit ou de perte constatée lors de la réception par l’acheteur, notre garantie se limite à la mise en jeu de la responsabilité du transporteur affrété par nos soins ou ceux de nos clients, et ne s’exerce qu’à condition que l’acheteur émette sur-le-champ des réserves précises et complètes sur le titre de transport, qu’il notifie et confirme ses réserves motivées au transporteur par acte extrajudiciaire ou lettre recommandée dans un délai de trois jours à compter de la réception des produits, ou après avoir constaté la perte lors de la réception, et qu’il nous fasse part de sa réclamation dans un délai de huit jours à compter de la réception des produits.
The purchaser will not be charged any costs for goods damaged in transit, with the exception of an initial refusal to include insurance in the transport costs invoiced.
9.3. De même, lorsque le produit est livré en magasin ou en dépôt et qu’il est ensuite acheminé sous la responsabilité de l’acheteur chez le client final, la responsabilité de tout dommage est celle de notre acheteur. Toute demande de réparation ou d’échange sera facturée sous présentation d’un devis préalable lequel doit être accepté par l’acheteur avant toute démarche.
9.4. En cas d’enlèvement ou de livraison d’un produit sans défaut mais non conforme à celui commandé, notre garantie se limite également au remplacement pur et simple du produit par un produit conforme, et ne s’exerce qu’à condition que l’acheteur nous restitue le produit non conforme dans l’état exact où il a été livré et qu’il nous adresse sa réclamation dans un délai de huit jours à compter de la réception.
9.5. Perdent le bénéfice de la garantie, les produits modifiés par l’acheteur ou par un tiers, les produits qui ne sont pas utilisés conformément à leur destination et ceux qui auront été utilisés en méconnaissance des recommandations et/ou conseils d’utilisation du fabricant.
Any product damaged by the purchaser, outside the warranty clauses, may be the subject of a request for an estimate for repair. The purchaser reserves the right to accept or refuse the quotation.
Returns are only authorized in the case of a claim made by the purchaser and must be previously validated in writing by Editions Serge Mouille.
The use on the Internet of images or trademarks belonging to Editions Serge Mouille is subject to written authorization from Editions Serge Mouille. Online sales are only authorized after the site has obtained prior written consent from Editions Serge Mouille. Any partnership or resale of Editions Serge Mouille products on a third-party e-commerce site must be submitted to Editions Serge Mouille for prior approval.
The prices displayed on the websites must correspond as closely as possible to the current recommended retail prices communicated by Editions Serge Mouille.
Any promotion or sale of our online products must be subject to the prior written agreement of Editions Serge Mouille.
In order to place an order, the buyer is invited to register and create a password-protected customer account (“My Account” personal space). To do so, he/she must register by filling in the form provided at the time of registration or order, and undertakes to provide accurate information. The customer is responsible for updating the information provided. They may modify this information at any time by logging into their account (“Addresses”, “Payment methods” or “Account details”). To access their personal space, sales document histories and documentation downloads, customers must identify themselves using their username and password, which are strictly personal and will be sent to them after registration. The customer agrees not to divulge them in any way. Should this not be the case, the customer shall remain solely responsible for any use made thereof.
The customer may also request the deletion of his customer account by using the contact form under the heading “Contact us”. This request will be processed by return e-mail within a maximum of five working days.
In the event of non-compliance with the general terms and conditions of sale and/or use, the Editions Serge Mouille e-commerce site may suspend or even close the customer’s account after formal notice has been sent by e-mail and has remained without effect. Any deletion of an account, for whatever reason, will result in the deletion of all the customer’s personal information. The creation of an account implies acceptance of the present terms and conditions of sale.
It is the buyer’s responsibility to select the products he/she wishes to order on the Editions Serge Mouille e-commerce site, according to the following procedures: selection of products via the product sheets in the “Shop” section, then validation of the order basket. Product offers are valid as long as they are visible on the site. There is no stock available for lighting fixtures published by Editions Serge Mouille, as all products are made to order. The sale will be considered valid only after full payment of the price. It is the buyer’s responsibility to check the accuracy of the order and to immediately report any error. Any order placed on the Editions Serge Mouille e-commerce site constitutes the formation of a distance contract between the buyer and Editions Serge Mouille. The company reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order. The buyer will be able to follow the progress of his order on the Editions Serge Mouille e-commerce site. Any cancellation of the order by the buyer will only be possible prior to the order confirmation sent by Editions Serge Mouille’s sales department.
For any information concerning the execution of one or more Sales Orders, or the processing of a claim, the Customer should contact Customer Service (hereinafter referred to as “Customer Service”) :
– By telephone: +33 3 23 69 77 71 (free service + price of a local call) Monday to Friday, 9am to 5pm
– By post to the following address: 4 rue principale, Bezuet 02400 BEZU-SAINT-GERMAIN
– By email: via the contact form
The price of the Products and delivery are payable in full by the Customer at the time the Order is placed. The Customer also undertakes to pay or have paid, where applicable, directly to the forwarding agent or carrier, any customs duties, VAT or other taxes due on the importation of the Products into the country of delivery.
Payment for the Order may be made by the Customer by VISA, Mastercard and American Express, Apple Pay or Bancontact in a secure environment, in accordance with the methods proposed on the Website.
Payment by credit card cannot be cancelled. Payment of the Order by the Customer is irrevocable, without prejudice to the Customer’s right of withdrawal.
For orders placed via the www.serge-mouille.com website, or by telephone via Customer Service, the Customer confirms and guarantees that he/she is the holder of the bank card and that the latter gives access to sufficient funds to cover payment of the Order.
The Customer’s bank account will be debited upon confirmation of the Order. The payment will be considered effective after confirmation of the agreement of the banking payment centers.
The Customer may also pay for the Order by bank transfer to Editions Serge Mouille SARL (the bank details being provided at the time the Order is placed). If the bank transfer is not received within 7 days of confirmation of the Order by Editions Serge Mouille SARL, or if the bank rejects the transfer, Editions Serge Mouille SARL reserves the right to cancel the Order.
In general, the Customer guarantees Editions Serge Mouille, at the time of placing the Order, that he/she is fully authorized to use the means of payment provided and that he/she has the necessary authorizations to use the method of payment concerned.
The website is protected by a high-performance SSL (Secure Socket Layer) encryption system, to protect all sensitive payment data. For transaction security, Editions Serge Mouille uses the services of its partner Atos Worldline, which is subject to the PCI-DSS (Payment Card Industry Data Security Standard). When the customer makes a payment, his bank details are encrypted using the HTTPS protocol and then transmitted to servers that are the only ones able to decrypt them. To prevent misuse and/or fraud, authorizations and bank details are then verified directly with the customer’s bank. Customers may also register their CB, Visa, MasterCard or American Express credit card details, in order to facilitate future purchases on the Website. This information is recorded and secured by our partner Payplug: Editions Serge Mouille does not collect the customer’s bank details. It only has access to the last 4 digits and the type of card.
The amount of the Customer’s contribution to the delivery costs of the Order, inclusive of all taxes, will be indicated to the Customer prior to the final validation of the Order.
The delivery time will be indicated to the Customer during the Order placement procedure, prior to Order validation and before payment. Delivery times are given as an indication only and are not binding; consequently, any delays cannot give rise to the payment of indemnities, benefits or damages to the benefit of the purchaser. We only make home deliveries at the time of delivery.
A delivery is deemed to have been made when the Customer takes physical possession of the Product at the delivery address agreed with the Customer when the Order was placed and, where applicable, with the carrier. The taking of possession of the Product is validated by the control and traceability system used by the carrier.
Any product damaged by the purchaser, outside the guarantee clauses, may be the subject of a request for an estimate for repair. The purchaser reserves the right to accept or refuse the quotation.
Returns are only authorized in the case of a claim made by the purchaser and must be previously validated in writing by Editions Serge Mouille.
Editions Serge Mouille may not be held liable if the non-performance or delay in performance of any of its obligations described in these general terms and conditions of sale is due to force majeure. Force majeure is defined as any external, unforeseeable and irresistible event within the meaning of article 1148 of the French Civil Code.
The purchaser is hereby informed that any personal information that may be collected, within the framework of automated or non-automated processing, is intended for our company, exclusively for administrative and commercial management purposes, and will not be transferred to third parties.
In accordance with the French Data Protection Act n°7817 of January 6, 1978, as amended, the buyer has the right to access, rectify, oppose and delete this information.
The buyer may exercise his rights, subject to proving his identity, by sending an e-mail to rgpd@serge-mouille.com or by sending a letter to the following postal address: Editions Serge Mouille 4 rue Principale, Bézuet 02400 BÉZU SAINT GERMAIN for the attention of the RGPD manager.
In the event of dispute, any litigation arising from the present contract will be submitted to the Commercial Court of Soissons, to which the parties declare that they assign jurisdiction. All services provided by the company are subject to French law.
ADEME has assigned the unique identifier FR026711_05XYCL to the company 428 258 636 00011, attesting to its registration in the register of producers of the EEE sector, in application of article L.541- 10-13 of the French Environment Code. This identifier attests to the company’s compliance with its obligation to register with the register of producers of Electrical and Electronic Equipment, and to the completion of its declarations of marketing to Eco system.
