PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following Terms and Conditions and other applicable law. If you do not agree to these Terms and Conditions, please do not use this site. By purchasing on ToutLight® (http://www.toutlight.com) you agree to the following terms below.
The Customer acknowledges that the purchased items, works of creators, cannot be considered as daily consumer goods and, therefore, they are not under specific legal framework applicable to the purchase of daily consumer goods.
Article 2: Site Policies, Modification and Product Descriptions
ToutLight® reserves the right to make changes to the items, site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
ToutLight® attempts to be as accurate as possible. However, it does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by ToutLight® itself is not as described, your sole remedy is to return it in unused condition.
Users may, prior to placing an order, peruse the essential characteristics of the items which they intend to order on ToutLight®. However, the photographs, drawings, diagrams and descriptions of the items which are offered for sale on ToutLight® are only indicative and shall not be contractually binding.
Article 3: Order - Payment
As soon as we receive your order, we will send you a confirmation email to confirm the transaction and the availability of the item. ToutLight® reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order, or from a Customer who is deemed risky by the seller.
ToutLight® reserves the right to cancel or refuse any order for whatever reason, in particular due to a supply or a delivery problem.
Filling out the order form from http://www.toutlight.com and double-clicking the order placement constitutes an electronic signature which is binding between ToutLight® and the Customer to the same extent as a manual signature and stands as proof that the entire order is legally valid. It also implies full and unconditional acceptance by the Customer of these Terms and Conditions.
Article 4: Prices, Methods of Payment and Transfer Risks
Prices are billed in Euros (€) and are inclusive of all taxes. However some countries may impose local taxes. Freight charges are calculated on a flat-rate basis depending on the Customer’s country. Shipping charges are typically determined by product weight, size and ship-to-address. The cost of shipping is not included in the product prices and will show up as a separate line on your order summary. We negotiate the best deals possible with the post office and pass these savings directly on to you. Please note that the post office prices can be modified at any time without prior notice and ToutLight® will not be held responsible for these changes.
Secure payment. Payment by credit card is secured by an online payment system managed by BNP Paribas, one of the six strongest banks in the world, and Paypal. These payment systems are in conformity with the regulation adopted for bank cards concerning the distance selling.
Orders will be effective upon receipt of the Customer's payment and the transfer of risk takes place upon delivery of the items to the indicated address.
Article 5: Invoice
The order confirmation sent by email serves as invoice for individual Customers. To request another invoice, please send us an email. The invoice will be made out in accordance with the total paid amount and sent to the shipping address.
Article 6: Delivery
Manufacture and then delivery are launched upon payment of the invoice. The order will be sent to the address specified by the Customer in the order validation form. In case of error in the address of the recipient, ToutLight® cannot be held responsible for the impossibility in which it might be to deliver the product. The Customers must ensure that they have provided accurate and complete delivery address (such as: number street, building, stairs, access codes names and/or numbers intercom, etc.).
Deliveries in mainland France will usually be made within 8 to 15 working days depending on availability and destination. While every effort is made to meet these deadlines, they are only indicative. A delivery delay cannot in any case result in a penalty or in damage fees of any kind whatsoever against ToutLight®, nor can it cancel the order. We are not liable for any compensation in this instance. Regarding deliveries outside France, deadlines vary by destination.
The products are delivered by La Poste, which operates the postal services in France, or by an express carrier transportation agency to the address specified by the Customer in the order validation form. ToutLight® will thefore not be responsible for the delivery day or time.
Delivery reception: It is essential that the person receiving the command checks the contents of the shipment before signing the carrier's slip. Any defect (missing or broken item, or any other damage) must be clearly specified on the slip. It also must be reported to ToutLight® in writing within 2 working days of reception by email (contact@toutlight.com) and by registered post with acknowledgement of receipt to the following address:
Toutlight
250, Bd Saint Denis
92400 Courbevoie. France
Any complaint submitted beyond this deadline may not be taken into consideration. If the complain is justified, ToutLight® commits itself to return, exchange or refund the defective or damaged items, however, without being liable to pay damages to the Customer.
The order must be returned in original packaging along with the invoice. The shipping cost will be borne by the Customer. ToutLight® should be informed of the return of the merchandise by email. In case the package is lost during the return, ToutLight® cannot be held responsible.
Upon receipt of the package, ToutLight® shipping team will check the perfect condition of the returned merchandise. After verification, the Customer will be refunded his/her payment excluding the initial freight cost. In case of exchange, the shipping cost of the exchanged product will be borne by ToutLight®.
Article 7: Availability
The information on the availability of the products is given to the Customer by the confirmation email sent by ToutLight® after the Customer’s validation of the order. If, after an order is placed, a product proves unavailable, ToutLight® will inform the Customer by email as soon as possible. The Customer can decide to cancel the order or to choose another model. If the Customer prefers to cancel the order, he/she will be reimbursed.
Since the availability depends on the providers, ToutLight® should not be made responsible of an eventual unavailability.
For an order of more than 10 products, ToutLight® will propose to the Customer an adapted deadline and delivery method. In the event of force majeure resulting on a late or non delivery including without limitation to a provider’s strike, a carrier’s strike, fire or any other involuntary cause, ToutLight® should not be made responsible.
Article 8: Right of withdrawal
The Customer can cancel his/her order for a given time, in accordance to Article L 121-16 of the France Consumer Code. The Customer has 7 days after delivery to cancel his/her order. The goods exchange, or the refund, will be made within 30 days of receipt of the return of the order.
The order must be returned in original packaging along with the invoice. The shipping cost will be borne by the Customer. ToutLight® should be informed of the return of the merchandise by email. In case the package is lost during the return, ToutLight® cannot be held responsible.
Upon receipt of the package, ToutLight®’s shipping team will check the perfect condition of the returned merchandise. After verification, the Customer will be refunded his/her payment excluding the initial freight cost.
With the exception of any items which have been personalised at the Customer’s request, items which are sold via ToutLight® may be exchanged or refunded under these Terms and Conditions and subject to the applicable law.
Article 9: Intellectual property
This site is owned and operated by ToutLight®. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, photos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of ToutLight®, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without ToutLight®’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. ToutLight® is a registered trademark. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of ToutLight®.
Article 10: Rights and Obligations of the Parties
In case of acceptance of an order, ToutLight® commits to sell the articles or services placed by the Customer according to the conditions specified in these Terms and Conditions.
The Customer is required to give personal details such as address, telephone number and email address in order to conclude the contract. Submitting personal data is mandatory to process the order. ToutLight® cannot be held responsible if the Customer provides wrong data and the items are undeliverable by the carrier. In this case, the Customer is responsible for the shipping costs.
The use of ToutLight®’s website and the order placement are prohibited to minors under 18 years.
Except in case of fraud, and it is up to the Customer to prove it, the Customer remains financially reliable for all the orders placed by him or on his name. The Customer also guarantees the accuracy of the given personal data.
Article 11: Miscellaneous Provisions
These Terms and Conditions govern your visit to ToutLight®. We reserve the right to make changes to our site, policies, and these Terms and Conditions any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
For complementary information or questions, the ToutLight® Customer Service is reachable by email (contact@toutlight.com) or by mail addressed to ToutLight® - 250 bd Saint Denis. 92400 Courbevoie. France.
Article 12: Legal Information
Site editor: ToutLight® - 250 bd Saint Denis. 92400 Courbevoie. France
Siret number: 528 564 206 00019
Responsible for the website: ToutLight® / Créations Web
Development and hosting of the website: Créations Web - OVH
Article 13: Contractual Documentation
By descending order of priority, the contractual documentation is composed by:
- These Terms and Conditions
- The order form duly completed with the following personal identifying information: name, first-name, shipping postal address, telephone number and email address.
Article 14: Guarantee
Besides the mandatory legal provisions providing protection to the Customers, ToutLight® makes no contractual guarantee on items purchased online. The Customer must prove the non-conformity of an article.
Article 15: Personal Data, Confidentiality and Liability
ToutLight® respects the confidentiality of information provided by the Customer. In compliance with the French Law on Information Technology and Freedom of the Individual No. 78-17 of January 6, 1978 relative to information technology, data files and freedom of the individual, you have an access and rectification right over all the personal data you leave on this site. This information is used exclusively by ToutLight® and your details will not be marketed.
ToutLight® uses all means to ensure the confidentiality and security of data transmitted over the web and on the website ToutLight.com. The website uses a secure payment platform.
ToutLight® only has an obligation for providing means to access the website, to process orders, to deliver goods, and to provide Customer service. In accordance with the law, ToutLight®’s responsibility cannot be called upon for any inconvenience or damage resulting from the use of the internet, from a service interruption, from external intrusion or from computer viruses, neither from any qualified force majeure.
Article 16: Proof
ToutLight®’s electronic records such as computer network logs, emails and payments and any other data transmitted in digital form between the Parties constitute admissible and valid evidence which shall be enforceable and binding on the Parties in the same way, under the same terms and with the same evidential value as any document which is drawn up, signed or stored in writing.
Article 17: Applicable Law, Settlement of Disputes and Language of the Terms and Conditions
ToutLight®, the Terms and Conditions and any orders which are placed through the website, as well as the performance thereof, shall be governed by French law, as the law of the place where ToutLight® is established and where ToutLight® is operated from. Any dispute arising in connection with the interpretation or performance of these Terms and Conditions shall be governed by French law and placed under the jurisdiction of the courts of the place where ToutLight® is domiciled.
The Terms and Conditions shall be available on ToutLight®’s website in both French and English. Should the French and English versions of the Terms and Conditions diverge or conflict in any way, and in general for the purposes of interpreting the terms of the Terms and Conditions, the Parties hereby agree that the French version shall prevail.
The use of this site shall be governed in all respects by the laws of the commune of Nanterre, which is located in the western suburbs of Paris, France.
