Article 1 - Scope

These General Terms and Conditions of Sale apply without restriction or reservation to all sales concluded by the Lucent site with consumers and non-professional or professional buyers who wish to purchase the products or services offered for sale on our website.

These general terms and conditions of sale apply to the exclusion of all other conditions, including those applicable to in-store sales or through other distribution and marketing channels.

The Customer declares that they have read and accepted these General Terms and Conditions of Sale by checking the box provided before initiating the online ordering procedure on the website.

As a result, any service performed by the Lucent site implies the buyer's full and unconditional acceptance of these General Terms and Conditions of Sale.

Article 2 - Contents of the General Terms and Conditions of Sale

• The VAT-inclusive sale prices of the products and services.
• Any delivery fees.
• Delivery times.
• Payment conditions.
• After-sales service.
• Your rights of withdrawal.
• The duration of offers.
• The cost of a distance communication to contact us.

Article 3 - Our Contact Details

To contact us, here are our details:

Owner's name: Denuzière Florian
Siret: 91805516100015
Registry court: Vienne Registry Office
Contact person (DPO): Denuzière Florian
Postal address: 21 Chemin Celine Fernandes, 38370 Saint Clair du Rhône
Email address: support@lucent-store.com
Phone number: 0641376096

Article 4 - Nature of the Products Offered for Sale

The products and services offered for sale on our website are as follows:

• Sales of wall mounts for phones.

Article 5 - Modification of the General Terms and Conditions of Sale

These General Terms and Conditions of Sale may be subject to subsequent changes. The version applicable to the Customer's purchase is the one in effect on the website at the date of order placement.

Unless proven otherwise, the data recorded in the Lucent site’s computer system constitutes proof of all transactions concluded with the Customer.

Article 6 - Right of Access, Rectification, and Opposition

In accordance with the French Data Protection Act of January 6, 1978, the Customer has the right to access, rectify, and oppose their personal data at any time by writing to:

• support@lucent-store.com

Article 7 - Our Pricing Policy

The prices of the products or services sold are those in effect on the day of order placement.

They are quoted in euros and calculated excluding taxes.

Consequently, they will be increased by the VAT rate applicable on the day of the order.

The Lucent website reserves the right to change its prices at any time.

However, we commit to invoicing the ordered products or services at the prices indicated at the time of order registration.

These prices are fixed and non-revisable during their validity period, as indicated on the Lucent website.

We reserve the right to change the prices at any time outside of this validity period.

Article 8 - Discounts and Rebates

The proposed rates include any discounts and rebates that Lucent may grant based on its results or the buyer’s coverage of certain services.

Article 9 - Orders

The main characteristics of the products and services are presented on the website.

The Customer is required to review them before placing any order.

The choice and purchase of a product or service are the sole responsibility of the Customer.

The photographs and graphics presented on the website are non-contractual and cannot engage Lucent's responsibility.

The Customer must refer to the description of each product or service to understand its essential properties and specifics.

It is the Customer's responsibility to select on our website the products and services they wish to order, according to the following procedures:

• The Customer freely chooses the product(s) or service(s) they wish to purchase.
• The Customer validates their order by accepting the General Terms and Conditions of Sale and proceeds to payment using the available payment methods on the site.
• A confirmation of the order and receipt of payment is sent to the Customer.
• Contractual information is presented in French and is confirmed no later than at the time of order validation by the Customer.

The validation of the order by the Customer constitutes acceptance without reservation of these General Terms and Conditions of Sale.

The Customer acknowledges having the necessary capacity to contract and acquire the products or services offered on the website.

The products and services presented on the website are offered for sale in the following territories:

• [Europe, America, Africa, Asia]

The sale will only be considered final after the Customer has received confirmation of the order acceptance from Lucent via email and after full payment of the price and/or deposit has been received.

For orders placed exclusively online, the registration of an order on the site https://lucent-store.com is completed when the Customer accepts these General Terms and Conditions of Sale by checking the box provided and validates their order.

The Customer has the option to review the details of their order, its total price, and correct any errors before confirming their acceptance (Article 1127-2 of the Civil Code).

This validation implies acceptance of all these General Terms and Conditions of Sale and constitutes proof of the sales contract.

It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.

Any order placed on the website constitutes the formation of a distance contract between the Customer and Lucent.

Lucent reserves the right to cancel or refuse any order from a Customer with whom there is a dispute related to the payment of a previous order.

The Customer can track the progress of their order on the website https://Lucent-store.com.

No order of an amount less than (59.99 €) including taxes or involving fewer than (1) unit(s) will be accepted.

Any modifications to the order by the Customer will only be considered by Lucent within the limits of its possibilities and must be notified by email to the seller at least 2 days before the scheduled delivery date.

If these modifications cannot be accepted by Lucent, the sums paid by the Customer will be refunded within a maximum of 7 days from the notification of the impossibility to accept the requested modifications (unless the Customer prefers to receive a credit note).

In case of total or partial non-payment for the delivered goods on the day of receipt, the buyer must pay Lucent a late payment penalty equal to three times the legal interest rate.

The applicable legal interest rate is the one in force on the day of delivery of the goods.

This penalty is calculated on the VAT-inclusive amount of the outstanding sum and runs from the due date of the price without any prior formal notice being required.

In addition to late payment penalties, any unpaid sum, including the deposit, will automatically incur a flat-rate indemnity of 40 euros for collection costs (Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code).

If, within fifteen days following the implementation of the "late payment" clause, the buyer has not settled the outstanding amounts, the sale will be resolved by operation of law and may entitle Lucent to claim damages.

Article 10.1 – If a deposit is paid at the time of order

In the event of cancellation of the order by the Customer after its acceptance by Lucent less than 7 days before the scheduled date for the provision of the ordered products and services, for any reason other than exercising the right of withdrawal or force majeure, the deposit paid at the time of order will be fully acquired by the Seller and will not be subject to any refund.

Article 10.2 – If no deposit was paid at the time of order

In the event of cancellation of the order by the Customer after its acceptance by Lucent less than 7 days before the scheduled date for the provision of the ordered products and services, for any reason other than exercising the right of withdrawal or force majeure, a sum corresponding to 50% of the total amount of the purchase will be due to the seller and billed to the Customer as damages for the loss suffered.

Article 11 – Duration of Offers

On our site, product and service offers are valid as long as they are visible on the site.

Article 12 – Delivery Fees

The VAT-inclusive sale prices of the products and services do not include:

• Order processing fees.

These fees are billed in addition, under the conditions indicated on the website and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.

Specific customer orders may be considered.

If so, they will be subject to a quote previously accepted by the Customer.

Quotes issued by Lucent are valid for 1 month from the date of issue.

Orders based on quotes are considered accepted only after the payment of a deposit to Lucent for the amount of the order.

An invoice is issued by Lucent and provided to the Customer upon receipt of payment.

Article 13 - Payment Conditions

The price is payable in full on the day the order is placed by the Customer, via secure payment, under the following conditions:

• By PayPal: Visa, MasterCard, American Express, other credit cards.
• By Stripe: Visa, MasterCard, American Express, other credit cards.

Payment data is exchanged in encrypted mode via the "SSL" protocol.

Payment is debited only upon execution of the service:

• In the case of payment by credit card, the card is only charged at the time of order execution.

Lucent is not required to deliver the ordered products and services if the Customer does not pay the full price in the conditions indicated above.

Payments made by the Customer are considered final only after the actual receipt of the sums due by Lucent.

Additionally, Lucent reserves the right, in case of non-compliance with the payment conditions mentioned above, to suspend or cancel the delivery of ongoing orders made by the Customer.

No additional fees exceeding the costs incurred by Lucent for using a payment method may be charged to the customer.

Article 25 - Force Majeure

The parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, arises from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

The party witnessing the event must promptly inform the other party of its inability to perform its obligations and justify this inability to the other party.

The suspension of obligations cannot in any case be a cause of liability for non-performance of the obligation in question, nor result in the payment of damages or penalties for delay.

The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed 30 days.

Therefore, as soon as the cause of the suspension of their mutual obligations disappears, the parties will make every effort to resume the normal performance of their contractual obligations as quickly as possible.

To this end, the obstructed party will notify the other party of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act.

If the obstruction is definitive or exceeds a duration of 30 days, the contract will be deemed terminated according to the procedures defined in the "Termination for Force Majeure" article.

During this suspension, the parties agree that the costs incurred by the situation will be borne by the obstructed party.

Article 26-1 - Termination for Impossibility Due to Excessive Burden

Termination for the impossibility of performing an obligation that has become excessively burdensome may only occur 10 days after sending a formal notice declaring the intention to apply this clause, notified by registered letter with acknowledgment of receipt or any extrajudicial act, notwithstanding the Termination for Breach of Obligation clause described below.

Article 26-2 - Termination for Serious Non-performance of an Obligation

The party affected by the breach may, notwithstanding the Termination for Breach of Obligation clause described below, in the event of sufficiently serious non-performance of any of the obligations incumbent on the other party, notify the defaulting party by registered letter with acknowledgment of receipt of the termination of the contract due to fault, 10 days after sending an unsuccessful formal notice to perform, in accordance with the provisions of Article 1224 of the Civil Code.

Article 26-3 - Termination for Force Majeure

It is expressly agreed that the parties may terminate the contract by operation of law, without notice or formalities.

Article 26-4 - Termination for Breach of Obligation

Note: The termination clause must specify the commitments whose non-performance will result in the termination of the contract, which should be listed in the termination clause itself (Article 1225 of the Civil Code).

It can only be enforced after a formal notice, explicitly mentioning the termination clause, has remained unsuccessful, provided that the parties may agree in their contract that the formal notice would result solely from the non-performance (Article 1344 of the Civil Code).

In the event of non-compliance by either party with the following obligations:

“For example, non-payment upon due date for the products and services ordered by the Client”

As mentioned in the articles of this contract, the contract may be terminated at the discretion of the injured party.

It is expressly understood that this termination for breach of obligation will occur by operation of law, with the formal notice resulting solely from the non-performance of the obligation, without notice or execution of formalities.

Article 26-5 - Common Provisions for Termination Cases

It is expressly agreed between the Parties that the debtor of a payment obligation under this agreement will be validly notified by the mere exigibility of the obligation, in accordance with the provisions of Article 1344 of the Civil Code.

The services exchanged between the Parties from the conclusion of the contract until its termination, which can only find their utility through the complete execution of the contract, will be subject to full restitution.

Article 27 - Applicable Law - Language

Note: The contract concluded between a consumer and a professional may be subject to the law of a non-EU State, but this choice must not deprive the consumer of the protection afforded by mandatory rules of Community law transposed into domestic law when the contract has a close connection with the territory of an EU Member State.

The ordinance of March 14, 2016, No. 2016-301 relating to the legislative part of the Consumer Code establishes a similar presumption of a close link between the contract and a Member State in the following cases, among others (Art. L231-1), this list being non-exhaustive:

• The contract was concluded in the Member State of the consumer's habitual residence.
• The professional directs their activity towards the territory of the Member State where the consumer resides, provided that the contract falls within the scope of this activity.
• The contract was preceded in this Member State by a specific offer or advertisement and actions taken by the consumer necessary for the conclusion of this contract.
• The contract was concluded in a Member State where the consumer went following a travel or stay proposal made, directly or indirectly, by the company Lucent to encourage them to conclude this contract.

The fact that a trader has directed their activity towards a Member State also allows determining the competent national jurisdiction to handle an intra-Community dispute relating to a contract concluded by a consumer (Reg. 44/2001 of 22-12-2000 Art. 15, § 1-c).

For the application of this text, it has been ruled that the mere use of a website by the trader is not sufficient to consider that they direct their activity towards the Member State of the consumer who makes a purchase through this site (CJEU 7-12-2010 case 585/08 and 144/09: RJDA 2/11 No. 205).

Other indicators are needed, such as the website being written in a language other than that of the trader.

These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to French law.

These General Terms and Conditions of Sale are written in French.

In the event that they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.

Article 28 - Disputes

All disputes arising from the purchase and sale operations conducted under these General Terms and Conditions of Sale, regarding their validity, interpretation, execution, termination, consequences, and aftermath that could not be resolved between the company Lucent and the client will be submitted to the competent courts under common law conditions.

The Client is informed that they may, in any case, resort to conventional mediation, notably with the Consumer Mediation Commission (Consumer Code Art. L 612-1) or with existing sectoral mediation bodies, whose references are available on the website or to any alternative dispute resolution methods (e.g., conciliation) in case of dispute.

If necessary, the User may choose a mediator whose role will be to find an amicable solution to the said "dispute."

You can find your mediator here: https://www.mediateurfevad.fr/

Failing that, disputes will be brought before the competent courts of common law.

Below are the contact details of the court to be addressed in case of dispute with the company Lucent:

Clerk’s Office of Vienne

Article 29 - Pre-Contractual Information - Client's Acceptance

By placing an order on the website, a physical (or legal) person signifies full acceptance of these General Terms and Conditions of Sale and obligation to pay for the products and services ordered, which is expressly acknowledged by the Client, who waives, in particular, any contradictory documents that would be unenforceable against the Seller.

Appendix I - Provisions Relating to Legal Warranties

Article L217-4 of the Consumer Code:

The company Lucent is obligated to deliver a product or service conforming to the contract and is liable for any defects in conformity existing at the time of delivery.

Article L217-5 of the Consumer Code:

The product or service must be suitable for the usual purpose expected of a similar service and, if applicable:

• Correspond to the description given by Lucent and have the qualities that it presented to the buyer in the form of a sample or model.
• Present the qualities that a buyer can legitimately expect, given the public statements made by Lucent, the producer, or their representative, notably in advertising or labeling.
• Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, made known to the seller, and accepted by the latter.

Article L217-12 of the Consumer Code:

Actions resulting from a lack of conformity must be initiated within two years from the delivery of the goods.

Article L217-16 of the Consumer Code:

When the buyer requests the seller, during the term of the commercial warranty granted at the time of acquisition or repair of a movable good, to restore it covered by the warranty, any period of immobilization of at least seven days will extend the duration of the warranty that remains. This period begins from the request for intervention by the buyer or from the provision of the good for repair if this provision is later than the request for intervention.

Article 1641 of the Civil Code:

The company Lucent is liable for the warranty against hidden defects of the sold item which render it unsuitable for its intended use or which significantly diminish this use, so that the buyer would not have acquired it or would have paid a lower price if they had known about these defects.

Article 1648 Paragraph 1 of the Civil Code:

The action resulting from hidden defects must be brought by the buyer within two years from the discovery of the defect.

Appendix II - Withdrawal Form

This form must be completed and sent only if the Client wishes to withdraw from the order placed, subject to exclusions or limitations on the exercise of the right of withdrawal as specified in the applicable General Terms and Conditions of Sale.

To: Clerk’s Office of Vienne

For a prompt processing of your request, please provide the following information:

• Order number.
• Date of the order.
• Your full name.
• Your complete postal address.
• Your signature (only if notifying this form in paper format)

• The General Terms and Conditions/Terms of Purchase, and the Privacy Notice are available on the shop website.

• The GTC/ToP includes:

  • the name of the merchant operating the webshop;
  • the company registration number;
  • the company headquarters address;
  • the company VAT identification number;
  • the company e-mail and phone;
  • a section about Barion as a payment method;
  • information to calculate average completion (delivery) time.

• The GTC/ToP has a section about Barion being used to pay by bank card.

  A copy-pasteable example:

  Online bank card payments are executed via the Barion system. The merchant does not get and store any payment data (such as bank card, bank account, or digital wallet details). Barion Payment Inc., the provider of this service, is an institution under the authority of the Central Bank of Hungary, its license number is: H-EN-I-1064/2013.

• The GTC/ToP isn't made available only in .pdf format.

• The General Terms and Conditions meet the regulatory requirements.