Terms and conditions

General Terms and Conditions and Customer Information

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 lumiere-design.de. Unless otherwise agreed, we object to the inclusion of any of your own terms and conditions that you may use.

(2) For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or self-employed professional activities. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the course of their self-employed professional or commercial activities.

§ 2 Conclusion of the Contract

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

(2) By listing 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 specified in the product description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to 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 "Checkout" or "Continue to order" button  (or a similar designation) and after entering your personal details and the payment and shipping terms, the order details will finally be displayed as an order overview.

If you use an instant payment system as your payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be taken to the order overview 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, make the relevant selection or enter your details there. Finally, the order details will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to review and amend the information in the order overview (including via the browser's "back" function) or cancel the order.

(4) Your requests to prepare a quotation are non-binding for you. In this regard, we will submit a binding offer to you in text form (e.g., by email), which you may accept within 5 days (unless another period is specified in the respective offer).

(5) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically ensured, and in particular that it 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. To ensure smooth delivery to Switzerland, we inform you for transparency purposes that MeinEinkauf GmbH in DE-Constance (DE285677365) is also involved in the supply chain. This does not result in any additional costs for the buyer.

§ 3 Special agreements regarding the payment methods offered

(1) Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered via "PayPal" / "PayPal Checkout", payment processing is carried out via 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 labeled button on our website and during the online ordering process. "PayPal" may use additional payment services for payment processing; if special payment terms apply, you will be informed of these separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(2) Payment via "Mollie"

§ 4 Right of Retention, Retention of Title

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

(2)  The goods shall remain our property until the purchase price has been paid in full.

(3)  If you are an entrepreneur, the following shall also apply:

a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Before title to the retained goods passes, pledging or transfer by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice total; we accept the assignment. You remain authorized to collect the claim. However, insofar as you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves.

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

d) We undertake, at your request, to release the securities to which we are entitled to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We shall select the securities to be released.

Section 5 Warranty

(1) Statutory liability for defects applies.

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

(3) Where a characteristic of the goods deviates from the objective requirements, the deviation shall be deemed agreed only if we informed you of it before you made your contractual declaration and the deviation was expressly and separately agreed between the parties.

(4) If you are an entrepreneur, the following provisions apply instead of the warranty provisions above:

a)  Only our own specifications and the manufacturer's product description shall be deemed to define the quality of the goods as agreed; other advertising, public statements and representations by the manufacturer shall not apply.

b)  In the event of defects, we will provide a warranty, at our discretion, by remedying the defect or making a replacement delivery. If the defect cannot be remedied, you may, at your discretion, demand a reduction in the purchase price or withdraw from the contract. The remedy is deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or defect, or other circumstances, indicates otherwise. In the event of repair, we are not required to bear the increased costs arising from transporting the goods to a location other than the place of performance, unless the transport is consistent with the intended use of the goods.

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

- for culpably caused damage attributable to us resulting from injury to life, limb or health, and for other damage caused intentionally or through gross negligence;
- insofar as we fraudulently concealed the defect or assumed a guarantee as to the quality of the item;
- for items that, in accordance with their customary use, have been used for a structure and have caused its defectiveness;
- for statutory recourse claims that you assert against us in connection with rights relating to defects.

§ 6 Choice of law, place of performance, place of jurisdiction

(1)  German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they habitually reside (more favorable principle).

(2)  The place of performance for all services arising from the business relationships existing with us, as well as the place of jurisdiction, is our registered office, unless you are not a consumer but a merchant, a 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 if your place of residence or habitual abode is unknown at the time the action is filed. This does not affect the right to bring an action before another legally competent court.

(3)  The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

II. Customer information

1. Identity of the seller

LUMIÈRE Design GmbH
Zwi-Schulmann-Weg 10
48167 Münster
Germany
Email: service@lumiere-design.de


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

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the options for correcting entries are governed by the provisions of “Conclusion of the Contract” in our General Terms and Conditions (Part I.).

3. Contract language, storage of the contract text

3.1. The contract language is German .

3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system  you can print out or save the contract details electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. For quote requests outside the online shopping cart system, you will receive all contract details in text form as part of a binding offer, e.g. by email, which you can print out or save electronically.

4. Codes of conduct

4.1. We have submitted to the Buyer’s Seal quality criteria of Händlerbund Management AG, available for inspection at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential characteristics of the goods or services

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

6. Prices and payment terms

6.1. The prices stated in the respective offers and the shipping costs are 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 for which we are not responsible may arise, such as customs duties, taxes, or money-transfer fees (bank transfer or exchange-rate fees charged by credit institutions), which you must bear. 

6.4. You must bear any costs incurred for transferring money (bank transfer or exchange-rate fees charged by credit institutions) in cases where delivery is made to an EU Member State but payment is initiated outside the European Union.

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

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

7. Delivery conditions

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

7.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the sold goods during shipment passes to you only when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commission a carrier not designated by the business or another person appointed to carry out the shipment.

If you are a business customer, delivery and shipment are at your risk.

8. Statutory liability for defects

Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information were prepared by the Händlerbund's lawyers specializing in IT law and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and assumes liability in the event of warning letters. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last updated: 29.11.2022

9. Warranty and manufacturer's guarantee

(1) Statutory rights relating to defects apply pursuant to Sections 434 et seq. of the German Civil Code. These remain unaffected by the following provisions on the voluntary manufacturer's warranty.

(2) In addition to statutory warranty rights, we grant consumers (private customers within the meaning of Section 13 of the German Civil Code) a voluntary manufacturer's warranty on the electronic components of our lights. 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 warranty. For commercial buyers (businesses within the meaning of Section 14 of the German Civil Code), only statutory warranty rights apply.

(3) The duration of the manufacturer's warranty depends on the respective product category and, unless otherwise specified in an individual case, is as follows:

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

The warranty period begins on the date the goods are received. Proof is provided by presenting the purchase receipt (invoice or delivery note).

(4) For lights with DALI-2 DT8 drivers (Tunable White), a warranty period of two years from the date of purchase applies instead.

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

(6) The warranty does not cover damage caused by:

• improper use or use not in accordance with its intended purpose,
• improper installation, assembly, or modifications to the product,
• external influences such as water, fire, overvoltage, or other environmental effects,
• normal wear and tear,
• unauthorized repair attempts or interventions by unauthorized third parties.

(7) Additional conditions for V2 lights (app-controlled models)
For our V2 lights, which can be controlled with the “Tuya” or “Smart Life” apps, the manufacturer's warranty only applies if the light:

• after being put into operation upon receipt and paired with one of the aforementioned apps, and
• is reconnected within three months after installation or kept permanently connected,

to ensure that the firmware remains up to date and that necessary software updates can be installed.
Firmware updates are provided exclusively through the aforementioned apps. Without this connection, functionality may be limited, which may result in the exclusion of the warranty insofar as a defect is attributable to missing or outdated firmware. Statutory warranty rights remain unaffected.

(8) The manufacturer’s warranty becomes void if structural modifications are made to the light or its electronic components, in particular by:

• shortening, extending, or replacing cables,
• removing or modifying LEDs, transformers, or drivers,
• unauthorized opening or modification of the housings or control units.

(9) The warranty covers exclusively the replacement or repair of the affected electronic components. Costs for dismantling, reassembly, packaging, shipping, or other assembly and transportation services must be borne by the buyer even in the event of a warranty claim.

(10) To claim under the warranty, notification must be submitted via the complaints or returns portal at https://lumiere-design-gmbh.returnless.com/de required. The application must include a description of the defect, photos of the product (where possible), and proof of purchase. After reviewing the circumstances, we will decide at our own discretion whether to repair, replace, or refund the product.

(11) This voluntary manufacturer’s warranty applies in addition to statutory claims for defects and does not restrict them. Your statutory rights under Sections 434 et seq. of the German Civil Code (BGB) remain fully intact.

10. Discount Promotions and Discount Codes

All statements, offers, and promises regarding discount promotions and discount codes made as part of marketing activities, including email communications, are non-binding and intended solely for informational purposes. The information displayed during the ordering process in the online shop is the only information that is authoritative and binding with regard to the application and terms of discount codes. If incomplete or incorrect information is inadvertently provided in communications, it is not binding. The customer may therefore not rely on such erroneous information. Please always check the exact terms of a discount code during the ordering process in the online shop to ensure that all requirements and restrictions are known.

11. Disclaimer of Errors and Product Unavailability

Despite carefully maintaining our online offering, errors, mistakes, or technical problems may occur. We reserve the right to correct such errors and adjust or cancel orders. If an ordered product is unavailable, we are entitled to cancel the order. In this case, we will inform you immediately and refund any payments already made. In this case, we are not obligated to deliver.

12. Reporting Cosmetic Defects in the Item

We ask customers to report visible, cosmetic defects in our products, such as scratches or other external damage, preferably within 14 days of receiving the goods. This short period makes it easier for us to assess the issue and enables us to process the complaint promptly. Please note that after this 14-day period has elapsed, we may not be able to recognize a complaint concerning cosmetic defects, as determining the origin of the defect at a later stage is often more difficult.

However, the customer's statutory warranty rights remain fully intact. Even after the 14-day period has expired, the customer may assert claims for defects, provided that these already existed when the goods were handed over. In such cases, we will examine whether the visual defect was already present upon delivery. During the first six months after receipt of the goods, the statutory presumption applies that the defect existed from the outset, unless we can prove otherwise. After these six months have elapsed, the customer bears the burden of proving that the defect already existed upon delivery.

This request for early notification serves solely to facilitate processing and does not affect the customer's statutory rights.

13. Information on Information from the AI Chatbot

The chat function offered on our website is based on artificial intelligence (AI) and serves exclusively to provide general, non-binding information.
The answers provided by the AI-powered chatbot do not constitute binding product advice or legally binding information. The chatbot may provide inaccurate 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 provided by the chatbot is excluded. No claims of any kind arising from this shall exist.