Terms and Conditions

ARTICLE 1 - DEFINITIONS

  • Reflection Period: The time frame within which the consumer may exercise their right of withdrawal.
  • Consumer: A natural person who is not acting in a professional or business capacity and enters into a remote agreement with the business.
  • Day: January 1, 2024.
  • Continuing Transaction: A remote agreement involving recurring delivery of products or services over time.
  • Durable Medium: Any tool that allows the consumer or business to store information in a way that permits future access and unaltered reproduction.
  • Right of Withdrawal: The option for the consumer to terminate the remote agreement within the reflection period.
  • Business: The natural or legal entity offering products or services remotely.
  • Remote Agreement: A contract concluded as part of a system organized by the business for remote sales, with exclusive use of one or more distance communication methods.

ARTICLE 2 - BUSINESS INFORMATION

  • Email: hello@mylinalumiere.com
  • Registration Number: 2 Ecom
  • VAT Number: BE0765.978.117
  • Address: Van Geerstraat 81, 2140 Borgerhout

ARTICLE 3 - APPLICABILITY

These Terms apply to every offer and remote agreement between the business and the consumer. Before a remote agreement is concluded, these Terms will be provided to the consumer. If this is not reasonably possible, the business will indicate how these Terms can be accessed electronically or provided upon request, free of charge.

If specific product or service conditions apply in addition to these Terms, the consumer may rely on the provision most favorable to them in case of conflicting conditions.

ARTICLE 4 - THE OFFER

Offers will clearly state:

  • The price, excluding import VAT and clearance costs, which are the customer’s responsibility.
  • Shipping costs.
  • Payment, delivery, and execution terms.
  • Applicability of the right of withdrawal.
  • Any conditions, such as limited validity.

Images and descriptions will be as accurate as possible, though slight discrepancies, such as color variations, may occur.

ARTICLE 5 - THE AGREEMENT

An agreement is established once the consumer accepts the offer and complies with the conditions set. For electronic agreements, the business will confirm receipt electronically without delay. Until this confirmation, the consumer may cancel the agreement.

The business will ensure secure data transmission for electronic agreements and payments.

ARTICLE 6 - RIGHT OF WITHDRAWAL

Consumers may withdraw from the agreement within 14 days of receiving the product without providing a reason. Products must be returned in their original condition and packaging. Consumers are responsible for return shipping costs.

ARTICLE 7 - EXCLUSIONS FROM THE RIGHT OF WITHDRAWAL

The right of withdrawal does not apply to:

  • Custom-made or personalized products.
  • Perishable goods.
  • Sealed items not suitable for return due to hygiene once unsealed.

ARTICLE 8 - PAYMENT

Payments must be made within seven days unless otherwise agreed. Consumers must report any inaccuracies in payment details promptly. In case of non-payment, the business may charge reasonable fees.

ARTICLE 9 - DELIVERY

Delivery is made to the address provided by the consumer. Orders will be processed promptly, typically within 30 days unless a longer period is agreed upon. If delays occur, consumers may cancel the agreement and receive a refund.

ARTICLE 10 - GUARANTEE

Products and services will meet the agreement’s specifications and legal standards. Warranty claims are valid only if reported within 14 days of delivery. The guarantee does not apply if:

  • Products are altered by the consumer.
  • Misuse or improper handling has occurred.

ARTICLE 11 - AMENDMENTS

We reserve the right to modify these Terms at any time. Continued use of the website following changes constitutes acceptance.

For full details, visit Terms & Conditions.

ARTICLE 12 - LONG-TERM AGREEMENTS: DURATION, TERMINATION, AND RENEWAL

Termination

  • Consumers can terminate open-ended agreements for regular delivery of products or services at any time, observing a maximum notice period of one month.
  • Fixed-term agreements for regular delivery of products or services may be terminated at the end of the agreed duration, with a maximum notice period of one month.
  • Consumers may terminate agreements:
    • At any time, not limited to a specific date or period.
    • Using the same method as the original agreement.
    • With notice periods equal to those granted to the business.

Renewal

  • Fixed-term agreements cannot be automatically renewed or extended for a fixed period, except:
    • Newspaper, magazine, or journal subscriptions, which may be extended for a maximum of three months if the consumer can cancel with one month’s notice.
  • Agreements may only transition to indefinite terms if the consumer retains the right to cancel at any time with a one-month notice period.

Duration

  • Agreements exceeding one year may be terminated by the consumer after one year with a maximum notice period of one month, unless termination before the agreed duration would be unreasonable.

ARTICLE 13 - COMPLAINT PROCEDURE

  • Complaints regarding the execution of the agreement must be submitted to the business promptly and clearly, within seven days of discovery.
  • The business will acknowledge complaints within 14 days and provide a resolution timeframe if more time is needed.
  • If a complaint cannot be resolved mutually, it becomes a dispute subject to the dispute resolution clause.

ARTICLE 14 - DISPUTES

All agreements between the consumer and the business are governed by US law, even if the consumer resides outside the US. Disputes will be subject to US jurisdiction.

ARTICLE 15 - PERSONAL INFORMATION

The submission of personal data through the website is governed by our Privacy Policy. Please review our policy for more details.

ARTICLE 16 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, the website or service may contain errors or inaccuracies related to product descriptions, pricing, promotions, shipping costs, transit times, or availability. We reserve the right to correct such errors, update information, or cancel orders affected by inaccuracies, even after an order is placed.

We are not obligated to update or clarify information unless required by law. A specific update or refresh date in the service does not imply that all information has been updated.

ARTICLE 17 - CHANGES TO TERMS OF SERVICE

We reserve the right to update or modify these Terms of Service at our discretion. Updates will be posted on this page. Your continued use of our website or service after any changes indicates acceptance of the revised terms.

ARTICLE 18 - CENTRAL ELECTRONIC SYSTEM OF PAYMENT INFORMATION (CESOP)

As of 2024, payment service providers may register data in the European CESOP system under updated VAT legislation. This registration aligns with the "Implementation of Directive Payment Service Providers Act" and the Central Electronic System of Payment Information regulations.

These Terms and Conditions outline your rights and obligations when using our services or website. For any questions, contact us at hello@mylinalumiere.com.

 

ARTICLE 19 - LIABILITY

  1. Limitation of Liability

    • We are not liable for any direct, indirect, incidental, punitive, or consequential damages resulting from the use of our website, products, or services, including but not limited to loss of profits, revenue, data, or goodwill, unless caused by gross negligence or intentional misconduct.

  2. Force Majeure

    • We are not responsible for delays or failure to fulfill our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, government restrictions, natural disasters, or technical failures.

  3. Indemnification

    • You agree to indemnify and hold harmless Lina Lumiere, its affiliates, employees, and partners from any claims or demands, including reasonable legal fees, arising from your breach of these Terms or your violation of any law or third-party rights.

ARTICLE 20 - INTELLECTUAL PROPERTY

  1. Ownership

    • All intellectual property rights related to our website, services, and products, including but not limited to trademarks, logos, text, and graphics, remain the sole property of Lina Lumiere or its licensors.

  2. Restrictions

    • You are prohibited from reproducing, distributing, modifying, or creating derivative works from our materials without prior written consent.

ARTICLE 21 - SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law. Any unenforceable part will be replaced with a valid provision that closely matches the original intent.

ARTICLE 22 - ENTIRE AGREEMENT

These Terms, along with any policies or operating rules posted on this site, constitute the entire agreement between you and Lina Lumiere regarding your use of the service. They supersede any prior agreements or communications, whether oral or written.

ARTICLE 23 - TERMINATION

  1. Grounds for Termination

    • We may terminate or suspend your access to our services without prior notice if you violate these Terms or engage in illegal activities.

  2. Effect of Termination

    • Upon termination, your rights to use the website or services will cease immediately, and any outstanding obligations or liabilities will survive termination.

ARTICLE 24 - CONTACT INFORMATION

For any questions regarding these Terms and Conditions, you can contact us at:
Email: hello@mylinalumiere.com
Address: Van Geerstraat 81, 2140 Borgerhout