Terms and conditions

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (LUMIÈRE Design GmbH) via the website lumieredesignerlamps.com. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby objected to.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed in nature. An entrepreneur is any natural or legal person or a legally capable partnership that acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.

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§ 2 Formation of the Contract

(1) The subject matter of the contract is the sale of goods.

(2) By placing the respective product on our website, we already submit a binding offer to you to conclude a contract via the online shopping cart system under the conditions stated in the product description.

(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" at any time via the corresponding button in the navigation bar and make changes there. After clicking the button "Checkout" or "Proceed to Order" (or similar designation) and entering personal data and payment and delivery conditions, the order data will be displayed to you as an order summary.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be directed to the order summary page in our online shop or redirected to the website of the instant payment system provider. If you are redirected to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, the order data will be displayed to you as an order summary on the website of the instant payment system provider or after you are redirected back to our online shop.

Before submitting the order, you have the opportunity to review the information in the order summary again, change it (also via the "back" function of the internet browser) or cancel the order.

By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with costs", "pay" / "pay now" or similar designation), you make a legally binding acceptance of the offer, thereby concluding the contract.

(4) Your requests to create a quote are non-binding for you. We will submit a binding offer to you in text form (e.g. by email), which you can accept within 5 days (unless a different period is indicated in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out partly by email in an automated manner. You must therefore ensure that the email address you have provided with us is correct, that receipt of emails is technically guaranteed and in particular is not prevented by spam filters.

(6) For deliveries to Switzerland, the purchase contract is concluded between the buyer and MeinEinkauf AG, St. Gallen (CHE-331.561.017 MWST). This company also handles customs clearance, invoicing and delivery in Switzerland. This service is included in the purchase price and any shipping costs charged. In order to enable smooth delivery to Switzerland, we inform you for reasons of transparency that MeinEinkauf GmbH in DE-Constance (DE285677365) is also involved in the supply chain. This does not incur any additional costs for the buyer.

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§ 3 Special Agreements on Offered Payment Methods

(1) Payment via "PayPal" / "PayPal Checkout" If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website and in the online ordering process. For payment processing, "PayPal" may use further payment services; if special payment conditions apply, you will be informed separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(2) Payment via "Mollie" If you select a payment method offered via "Mollie", the payment will be processed by the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie"). The individual payment methods via "Mollie" are displayed to you under a correspondingly designated button on our website and in the online ordering process. For payment processing, "Mollie" may use further payment services; if special payment conditions apply, you will be informed separately. Further information about "Mollie" can be found at https://www.mollie.com/de.

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§ 4 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it involves claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following applies additionally:

a) We reserve ownership of the goods until all claims from the ongoing business relationship have been fully settled. Before ownership of the reserved goods passes, pledging or transfer of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign all claims amounting to the invoice amount that arise from the resale to us; we accept the assignment. You remain authorized to collect the claim. However, insofar as you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods relative to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

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§ 5 Warranty

(1) The statutory defect liability rights apply.

(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as quickly as possible. Failure to do so will not affect your statutory warranty claims.

(3) Insofar as a characteristic of the goods deviates from objective requirements, the deviation is only deemed agreed if you were informed of it by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) Insofar as you are an entrepreneur, the following applies in deviation from the above warranty provisions:

a) Only our own specifications and the manufacturer's product description are deemed agreed as the condition of the goods, but not other advertising, public promotions and statements by the manufacturer.

b) In the case of defects, we provide warranty at our discretion through repair or replacement delivery. If the remedy of defects fails, you may at your option demand a reduction in price or withdraw from the contract. The remedy of defects is deemed to have failed after an unsuccessful second attempt, unless something different arises in particular from the nature of the goods or the defect or other circumstances. In the case of repair, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance, provided that the transportation does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The reduction in the period does not apply to:

• damages attributable to us caused culpably from injury to life, body or health and for other damages caused intentionally or through gross negligence;
• insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
• goods that have been used in accordance with their normal use for a building and have caused its defectiveness;
• statutory recourse claims that you have against us in connection with defect rights.

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§ 6 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. For consumers, this choice of law only applies insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).

(2) The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your domicile or habitual residence is not known at the time of the filing of the action. The authority to also call upon the court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Sales Law expressly do not apply.

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II. Customer Information

1. Identity of the Seller

LUMIÈRE Design GmbH Zwi-Schulmann-Weg 10 48167 Münster Germany Email: service@lumieredesignerlamps.com

Alternative Dispute Resolution: The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.

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2. Information on the Formation of the Contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are governed by the provisions "Formation of the Contract" in our General Terms and Conditions (Part I.).

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3. Contract Language, Storage of Contract Text

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After receipt of the order by us, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.

3.3. For requests for quotations outside the online shopping cart system, all contract data will be sent to you as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.

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4. Codes of Conduct

4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, viewable at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

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5. Essential Characteristics of the Goods or Service

The essential characteristics of the goods and/or service can be found in the respective offer.

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6. Prices and Payment Modalities

6.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.

6.2. No shipping costs are charged.

6.3. If delivery is made to countries outside the European Union, additional costs that we cannot be held responsible for may arise, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.

6.4. Any costs arising from money transfers (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.

6.5. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.

6.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due immediately.

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7. Delivery Conditions

7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

7.2. Insofar as you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item passes to you during shipping only upon handover of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

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8. Statutory Defect Liability

Defect liability is governed by the provision "Warranty" in our General Terms and Conditions (Part I).

These GTC and customer information were created by the lawyers of the Händlerbund specializing in IT law and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of cease-and-desist letters. For more information, see: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last updated: 29.11.2022

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9. Warranty and Manufacturer's Guarantee

(1) The statutory defect liability rights pursuant to §§ 434 ff. BGB apply. These remain unaffected by the following provisions on the voluntary manufacturer's guarantee.

(2) In addition to the statutory warranty rights, we grant consumers (private customers within the meaning of § 13 BGB) a voluntary manufacturer's guarantee on the electronic components of our luminaires. This covers in particular:

• LED modules,
• Transformers, and
• Drivers (power supplies).

Other components such as housings, glass covers, switches, mechanical parts or accessories are excluded from the guarantee. For commercial buyers (entrepreneurs within the meaning of § 14 BGB), only the statutory warranty law applies.

(3) The duration of the manufacturer's guarantee depends on the respective product category and is, unless otherwise specified in individual cases:

• Pendant lights: 5 years,
• Floor lamps: 5 years,
• Table lamps: 2 years,
• Rechargeable lamps: 2 years,
• Ceiling lights and other items: 2 years.

The guarantee period begins on the date of receipt of the goods. Proof is provided by presenting the proof of purchase (invoice or delivery note).

(4) For luminaires with DALI-2 DT8 driver (Tunable White), a warranty period of two years from the date of purchase applies as an exception.

(5) No voluntary manufacturer's guarantee is provided for B-goods, display items or used products that are marked as such. Statutory warranty rights remain unaffected.

(6) The guarantee does not apply to damages caused by:

• improper or non-intended use,
• improper installation, assembly or modifications to the product,
• external influences such as water, fire, overvoltage or other environmental influences,
• normal wear and tear,
• unauthorized repair attempts or interventions by unauthorized third parties.

(7) Additional conditions for V2 luminaires (app-controlled models): For our V2 luminaires that can be controlled with the "Tuya" or "Smart Life" apps, the manufacturer's guarantee only applies if the luminaire was commissioned after receipt and paired with one of the named apps, and was reconnected or kept permanently connected within three months of installation, to ensure that the firmware remains up to date and necessary software updates can be installed.

Firmware updates are provided exclusively via the named apps. Without this connection, functionality may be limited, which may lead to exclusion from the guarantee insofar as a defect is attributable to missing or outdated firmware. Statutory warranty rights remain unaffected.

(8) The manufacturer's guarantee expires if structural changes are made to the luminaire or its electronic components, in particular through:

• Shortening, lengthening or replacing cables,
• Removing or modifying LEDs, transformers or drivers,
• Unauthorized opening or conversion of housings or control units.

(9) The guarantee covers exclusively the replacement or repair of the affected electronic components. Costs for disassembly, reassembly, packaging, shipping or other installation and transport services are to be borne by the buyer even in the event of a guarantee claim.

(10) To make a guarantee claim, notification via the complaints/returns portal at https://lumiere-design-gmbh.returnless.com/de is required. The application must include a description of the defect, photos of the product (where possible) and proof of purchase. After reviewing the matter, we will decide at our own discretion whether a repair, replacement or refund will take place.

(11) This voluntary manufacturer's guarantee applies in addition to the statutory defect claims and does not restrict them. Your statutory rights pursuant to §§ 434 ff. BGB remain fully intact.

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10. Discount Promotions and Discount Codes

All statements, offers and promises regarding discount promotions and discount codes made in the context of marketing measures, including email communication, are non-binding and serve exclusively for information purposes. Exclusively the information displayed during the ordering process in the online shop is authoritative and binding for the application and conditions of discount codes. If incomplete or incorrect information is inadvertently provided in communication, this shall not be binding. The customer may therefore not rely on such erroneous information. Please always check the exact conditions of a discount code during the ordering process in the online shop to ensure that all requirements and restrictions are known.

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11. Reservation of Errors and Unavailability of Products

Despite careful maintenance of our online offering, errors, mistakes or technical problems may occur. We reserve the right to correct such errors and to adjust or cancel orders. If an ordered product is not available, we are entitled to cancel the order. In this case, we will inform you immediately and refund any payments already made. There is no obligation to deliver in this case.

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12. Reporting of Visible Defects on Items

We ask customers to report visible, optical defects on our products, such as scratches or other external damage, as far as possible within 14 days of receiving the goods. This short deadline makes it easier for us to check and enables timely processing of the complaint. Please note that after expiry of this 14-day period, we may not be able to recognize a complaint about optical defects, as a later determination of the origin of the defect is often more difficult.

However, the customer's statutory warranty rights remain fully intact. Even after the 14-day period has expired, the customer can assert defects provided that these already existed at the time of handover of the goods. In such cases, it will be examined whether the optical defect was already present at the time of delivery. In the first six months after receipt of the goods, the statutory presumption applies that the defect was present from the beginning, unless we can prove otherwise. After expiry of these six months, it is up to the customer to provide proof that the defect already existed at the time of delivery.

This request for early reporting serves exclusively for better processing and has no influence on the customer's statutory rights.

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13. Notes on Information from the AI Chatbot

The chat function offered on our website is based on artificial intelligence (AI) and serves exclusively for general, non-binding information.

The responses provided by the AI-powered chatbot do not constitute binding product advice or legally binding information. It may occur that the chatbot provides incorrect or incomplete information.

Only the information published on the respective product detail page of our online shop is binding.

Liability for damages or disadvantages arising from incorrect or misleading information from the chatbot is excluded. Claims of any kind arising therefrom do not exist.