Terms and Conditions of Sale

Preamble
These terms exclusively govern the online sale of LED Power products and other products on website www.ledpowerstore.com (“the Site”). These terms apply to the exclusion of all other terms and conditions, including those in force on other websites or in the shops of our retailers.

The terms under which the products are offered for sale on the Site are stipulated below. By checking the box labelled “I have read and agree” on the order form, and then sending the order, you (the buyer) agree to be bound by these terms. LED Power reserves the right to make changes to these terms at any time and without notice.

However, such changes cannot affect orders placed before the publication of the amended terms on the Site. The expression “the customer” when used hereinafter refers both to the buyer and to any user to whom the buyer may have given our product. You, refers to the customer.

In accordance with Article 19 of Law 2004-575 of 21 June 2004 on Confidence in the Digital Economy, we can be contacted by consumers via the following means:
- Email: info@ledpowerstore.com, at your usual Internet access rate, no supplement applied by us;
- Telephone: +33 6 51 17 96 71

1. Acceptance of the Terms
You acknowledge that, at the time of placing an order, you are aware of the terms and conditions of sale set out herein and expressly state that you accept without reservations; likewise, by placing an order you accept the special conditions, particularly relating to pricing, that appear on the other pages of the Site, that you would have had to access when placing your order. These terms and conditions of sale govern the contractual relationship between LED Power and its customer, both parties accepting them without reservation. These terms and conditions of sale will prevail over all other terms appearing on any other document, even issued by the buyer, except by exemption prior to the order, expressly agreed in written by the parties.

2. Products
The majority of products offered to customers by LED Power are available in our warehouse. Four categories of products are offered for sale on the Site: (i) light bulbs, (ii) internal lighting products, (iii) external lighting products and (iv) portable lighting products. The key features of the products, as defined in Article L.111-1 of the Consumer Code, appear on the catalogue pages that you would have had to access when placing an order.

3. Price/Correction of Prices
All prices are given in euros. The prices applied are those published on the Site at time of order submission by the buyer. Prices published on the Site include VAT, but do not include recycling taxes, dispatch/shipping costs, or any customs charges for deliveries outside EU, applicable to your account. These costs are calculated separately according to what is applicable and are specified on your order form, then added to the total cost of your order. The total cost indicated on the order form that you submit corresponds to the total amount payable by you in relation to the products, including all taxes, charges, handling costs and shipping costs.

LED Power reserves the right to amend the prices of displayed products on LED Power Webstore at any time and to correct any pricing errors that may inadvertently occur. Price changes will not affect orders that have already been accepted by LED Power. In the event of a pricing error, we will inform you of the error and give you the option either to proceed with the transaction at the correct price or to cancel your order without charge.

4. Order
To place an order, you must be 18 years or over, be contactable by telephone and have a valid email address. You will also have to create a customer account on the Site in order to send to LED Power the information required for invoicing and delivery of products.
Automatic registration systems are considered to provide evidence of the nature, content and date of the order. LED Power will confirm acceptance of a customer’s order using the provided email address. The sale is not finalised until this order confirmation is issued, along with a cancellation slip that can be used to exercise the right described in section 6 below. LED Power reserves the right to refuse any order from a customer with whom it is engaged in any dispute over the payment of a previous order. The information provided by the buyer when making the order is binding: in the event of any error in the recipient’s contact details, LED Power may not be held liable for any delivery problems or the non-delivery of the product.

Please be aware that the way in which colours, designs or products are displayed on a screen may differ from the actual appearance or size of the products offered on the Site.

5. Delivery & Returns
In accordance with Article L.121-19-2 of the Consumer Code, upon delivery you will receive confirmation of the contract including paper copies of:

- The invoice listing the products and quantities ordered and unit price of each, before and after tax
- The instructions for products, or the key features appearing on their packaging
- The terms relating to delivery and return of products
- A reminder of your right to cancel and corresponding form
- A reminder of the warranty and liability conditions and other key contractual terms, and how to invoke them
- A reminder of information about our identity and activities, and our postal address, telephone number and email address.

After order confirmation, LED Power undertakes to deliver all ordered items by the buyer to shipping company within a period indicated in the order confirmation in working days in mainland France. The shipping company has made a commitment to LED Power to deliver the order to the buyer’s address that it is given. In any case, the order will be delivered within a maximum of fifteen days after order confirmation.

For deliveries outside France mainland, the customer undertakes to pay any taxes due upon importation of the products, customs charges, value added tax and any other tax payable under the laws of the country in which order is received. LED Power accepts no responsibility with respect to the payment of taxes payable by the customer.

In any case, orders sent within European Union will be delivered within a maximum of twenty days after order confirmation. Orders sent to an address located outside European Union will be delivered within a maximum of thirty days after order confirmation.

5.1 Home delivery
In accordance with Article L.121-19-4 of the Consumer Code, LED Power remains automatically liable to the customer for the performance of obligations resulting from a contract agreed remotely (an order), whether these obligations are to be performed by LED Power or by our partners, against whom it is up to LED Power to seek recourse where relevant.

However, without prejudice to the application of the rules of legal warranty where they are imperative in nature, LED Power may be exempted from all or part of its liability by providing proof that the non-performance or poor performance of the contract is attributable either to the customer, to an unforeseeable and insurmountable action by a third party to the contract, or to a situation of force majeure.
The following are considered situations of force majeure discharging LED Power from its obligation to deliver: wars, riots, strikes external to the company, fires, accidents and the impossibility of obtaining supplies, where this impossibility is reasonably insurmountable in nature.

The customer will take particular care to check that the delivered product functions properly and will read the instructions for use provided. In the event of one or more apparent defect(s), the buyer has the right to return the products in accordance with the terms set out herein, without prejudice to the application of the mandatory rules of law.

In any case, no warranty will apply or any liability incurred by LED Power if the customer does not use the product in accordance with conditions of use, instructions and usage restrictions set out in the instruction leaflet provided with the product.

Orders placed from Monday to Friday (excluding public holidays) are, unless stated differently in the order confirmation, dispatched within 72 working hours in France mainland. The delivery time runs from the dispatch date. Orders are validated when they are paid for and accepted by order confirmation.

5.3 Product availability - Late delivery
Depending on availability, an order may be delivered to the customer in several parts. In this case, the customer only pays one delivery charge.
Customers wanting products to be delivered to two different addresses must place two separate orders.

If ordered products are not in stock, the whole order may be delayed. In this event, if dispatch is delayed, you will be sent an email letting you know whether the original delivery date you were given will be affected.

If delivery is delayed, we will offer you a new delivery date by email. In any case, if the delay is over seven (7) days, you have the option of cancelling your order in writing, by post or email, within 60 working days. Upon cancellation of the order, we will issue a refund immediately. If you receive the product after cancellation, we will refund the price of the product and pay the cost of shipping back when we receive the product, complete and in its original state.

5.4 Discrepancies noted upon delivery
Please make sure you verify the integrity of the shipment upon receipt: It is the customer’s responsibility to check the package condition and its content at the time of delivery and to state any reservations or make any complaints that appear justified, including refusing the shipment if it is likely to have been opened or shows clear evidence of damage. These reservations and complaints must be submitted to the shipping company by recorded-delivery letter within three working days (Monday to Saturday) following delivery of the package, with a copy sent immediately by the customer to LED Power’s customer services department.

5.5 Returning an item
If you would like to return an item, please inform LED Power’s customer services department via your online account or by following the procedure indicated in the Preamble.

The costs for returning a product are determined as per below, but please note that cases a, b and c are described more fully in relation to the right of cancellation described in section 6:

a- The product works but does not meet my expectations (power, base, colour, design): Return at your cost
b- Quality: the product works but material or finish is disappointing: Return at your cost
c- I made a mistake when ordering or have changed my mind: Return at your cost
d- The article has a manufacturing defect: Return free of charge and prepaid
e- The article was damaged during shipping: Return free of charge and prepaid
f- The article I received does not match my order: Return free of charge and prepaid

In the event of exchange or refund, send the unused item(s), if possible, in its/their original packaging, intact, along with any accessories, instructions and documentation, according to instructions that you have been provided by LED Power customer service.

6. Cancellation
In accordance with the legal provisions in force, if you are a consumer you are entitled to a cooling-off period of fourteen (14) days from receipt of your products in which to exercise your right of cancellation with LED Power, without having to provide reasons or pay any penalty.

Products must be returned in their original and complete state (packaging, accessories, leaflets, etc.) so that they can be resold as new, and accompanied by a copy of the sales invoice to aid return processing. Returns must be sent to us following the instructions that you have been provided by LED Power customer service.

Return costs are payable by you and you incur the risk until shipment is received at indicated address. You are therefore advised to use a posting method that allows you to provide proof of this return. Remember that, according to the law, the consumer is responsible for proving that they have exercised their right of cancellation under the terms set out herein. You should also return the product(s) to us within 14 days of communicating your decision to cancel.

In the event of cancellation during cooling-off period, LED Power must refund the price of purchased  product(s) and original delivery costs as soon as possible, and no later than fourteen (14) days after receiving customer’s notice of the decision to cancel, with the stipulation that actual refund may not be made until product(s) returned by the customer has been received, in accordance with Article L.121-21-4 of the Consumer Code).

LED Power is not liable for refunding any additional costs incurred if you expressly choose a delivery method that is more expensive than the standard delivery method suggested by LED Power.

Please note that any Products returned to us damaged or incomplete cannot be taken back or refunded.

7. Payment
The price invoiced to customer is the price indicated on order confirmation issued by LED Power.
LED Power accepts various methods of payment:

By credit/debit card:
Payment using any bank card bearing the CB symbol.
LED Power accepts:
- Visa Cartes Bleues, Eurocard Mastercard
- Aurore, Cofinoga, and 4 étoiles cards: choose PayPal as the online payment method.

By PayPal:
- If you have a PayPal account, you can use it to pay for your LED Power order. When you select to pay by PayPal by clicking on its logo at payment methods stage, you will automatically be redirected to PayPal’s secure servers to finalise your payment.
- If you do not have a PayPal account, you can create one free of charge during payment phase using PayPal website, then complete your payment via PayPal.
- You can also use PayPal to pay for your order using any of the credit/debit or payment cards accepted by PayPal.

Orders confirmed by customer will only be considered final when the relevant bank payment centres have approved the payment. If these centres refuse the payment, the order will automatically be cancelled and customer will be advised of such by email.

8. Applicable Law - Disputes
This contract is subject to French law.

In the event of any issues in the application of the sales contract and before any legal action is taken, buyer has the option of seeking an amicable solution, including with the assistance of an industry trade association, a consumer association or any other adviser of his choice. Please note that seeking an amicable solution does not suspend the legal time limits for taking action. Please note also that as a general rule, and subject to the Courts’ assessment, compliance with the provisions of this contract in terms of warranty assumes that buyer honours his financial commitments to the seller.

Complaints or challenges will always be given careful and considerate attention, and anyone who takes the trouble to explain a situation will be presumed to act in good faith. In the event of a dispute, the customer will approach LED Power first to obtain an amicable solution.

Otherwise, the French courts have jurisdiction, irrespective of the delivery address and payment method used, although consumers domiciled in a Member State of the European Union may always refer matters to the court local to their domicile, in accordance with Article 16 of Regulation 44/2001.