A brand of i light you excloosiva group

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GENERAL TERMS AND CONDITIONS OF SALE

Placing any orders through us or through our website

www.lodprotect.com

requires prior consultation of these general terms and conditions of sale. You can only order if you accept all the provisions set out below. Any order will be exclusively governed by these general terms and conditions of sale, excluding any other conditions of purchase. The shop mentions the following information: the website www.lodprotect.com is operated by the EXCLOOSIVA company.

The website www.lodprotect.com internet is published by

the EXCLOOSIVA company, a limited liability company with a capital of €100,000 with headquarters located at 51 chemin du Moulin Carron – 69570 Dardilly France SIRET no .: 493 113 690 00033RCS LYON

The general terms and conditions of sale, as well as the order form and the order confirmation make up the sales contract between the customer and the Excloosiva company related to the sale of the products ordered. The Excloosiva company reserves the right to adapt or modify these general professional terms and conditions of sale at any time and without notice, the adaptations or modifications then being applicable to all orders after these adaptations or modifications. In the event of modification, the general terms and conditions of sale applicable to the customer’s order are the ones that the customer accepted on the date the order was placed.

 

These general terms and conditions of sale are applicable to:

Professionals – retailers – artisans – self-employed individuals or persons involved in any sort of business.

For any information related to making one or more orders, or processing a complaint, the Customer must contact Customer Service:

– By phone:

04 72.04.05.06 (Toll free from a landline) Monday to Friday 8:30 a.m. to 5:30 p.m.

– By mail to the following address:

LODPROTECT – EXCLOOSIVA 51 chemin du Moulin Carron – 69570 Dardilly (France)

– By email :

[email protected]

ORDERS

Any order implies acceptance of our general terms and conditions of sale in force on the date of the order and the Customer’s waiver of the general conditions of purchase. It is up to the Customer to define his or her needs and his or her responsibility to make orders. All orders must be sent by fax, email, or mail. Any order sent to the Excloosiva company is firm and may not be cancelled by the Customer.

PRODUCTS

The physical and electrical characteristics cited in our catalogs or our partners’ catalogs are for informational purposes. In no case do they constitute a contractual commitment. With the aim of always improving its products, the Excloosiva company or its partners reserves the right to modify the characteristics of the items offered for sale or to cease manufacturing them. In these two cases, the Excloosivacompany will offer the Customer a replacement item. The Excloosiva company will not be obliged to supply the articles with the old characteristics, nor to deliver the deleted articles. No penalty or compensation of any kind may be claimed from the Excloosiva company in the event of a item that is out of stock or cancelled.

PRICES – OFFERS – QUOTES

Sales are concluded at the price current on the date of the order, unless expressly agreed in writing. Our prices exclude installation and standard packaging. Light sources are not included, unless otherwise indicated in our catalogs or our partner’ catalogs. The costs of recycling lamps and appliances in accordance with decree 2005.829 are calculated separately. Our quotes are established at the current rate and are valid for one month, unless expressly agreed in writing.

SHIPMENTS

There is no charge for postage and packaging for all shipments over €50 before tax. For all orders under €50 € before tax, the delivery costs will be billed at the non-negotiable fixed price of €10.

 

All orders regardless of the amount generate a non-negotiable fixed management fee of €3.14 before tax.

DEADLINES

Our deadlines are given for informational purposes only, with no guarantee or liability on our part. Going beyond this period may not give rise to any deduction, delay penalty, compensation or cancellation of the order.

Our product offers are valid while stocks last.

If a product ordered by the customer is unavailable after placing your order, in particular due to a stop in production or distribution by a supplier, the Excloosivac company commits to informing the customer by email and/or by telephone when it learns of this unavailability.

The Excloosiva company will then indicate to the customer, if necessary, where appropriate, the new period under which the product concerned will be made available and will offer the customer an equivalent product if one exists.

If the customer refuses to wait for the product to become available, or if he or she refuses an equivalent product, the customer will be refunded the price of the product if his or her bank account has been debited, within 30 days of the date of confirmation of this refusal and his or her order will be canceled.

INVOICING

Our invoices are prepared at the rate in effect on the date of the order, unless there is a special agreement otherwise.

Payment of your invoices must be made under the following conditions: 100% at the time of the order.

For all orders over €20,000.00 before tax, a request for a down payment of 50% of the value of the order will be required of 50%; the remaining balance before the departure of the merchandise.

For all account customers, payment will be made within 30 days of receipt of the invoice, subject to acceptance of the file by our credit insurance department, which will grant the maximum payment for coverage. Any order exceeding this coverage will generate a cash payment of the difference.

For all special manufacturing requests (dimensions – shapes – colors – made-to-order (a non-exhaustive list), customers, whether they have an account or not, will have to pay 100% of the amount of the order on the date the order is placed so that this is taken into account and production is launched.

Any amount not paid on the due date will automatically bear interest at a rate equal to three times the legal interest rate and lead to the invoicing for compensation of recovery costs of €70 before tax. Non-payment of a single invoice will result in current payment becoming immediately due.

In addition, the Excloosiva company reserves the right to suspend or cancel pending orders.

If after 2 reminders with acknowledgment of receipt, each spaced 15 days apart, customers do not make their payments as well as the compensations for late payments and collection costs, the Excloosiva company reserves the right to proceed with uninstalling and recovering the products; the customer will be responsible for paying Excloosive’s costs for uninstallation and travel. No objection to this uninstallation can be made.

LOD Protect products may be purchased “bare” in which case installation and annual maintenance, verification of the UV-C LEDs, change or verification of filters must be done by the customer.

LOD Protect solutions can also be acquired via a subscription benefits plan. In this case, Excloosiva remains the owner of the equipment and rents the equipment to the customer for 37 Months. The first payment corresponds to the cost of the installation and the following 37 payments correspond to the subscription for the solution.

What the subscription plan includes

Eligibility area:

Initially, the areas of eligibility are: Rhones-Alpes, Ile de France, Grand-Ouest. If the customer is located outside this eligibility area, special requests may be made to ensure that a compliant installation can be done.

Spaces Eligible for installation:

It is expected that our authorized installers will work on sites with the following characteristics:

The electrical installation is already present and already up to standards.

A lighting control system (single or double switches) is already in place.

The ceiling height is less than 3.5 M.

The installation does not require a freight elevator

The installation does not take place in a stairwell.

Maintenance of the installation:

In year 2 and year 3, an operator authorized by Lod Protect will come to do the standardized maintenance operations of the systems: checking the fans, checking the LODs and checking the LEDs. Change of filters if necessary.

The site must be accessible during the day during this maintenance work.

After 37 months, an installer will come and uninstall the LOD protect solution. An alternative solution will first be offered to the customer to continue its protection optimally.

 

RETURNS

 

All products ordered will not be returned or exchanged unless exceptionally otherwise agreed, granted by your lighting expert and his or her manager.

In this exceptional case, a discount of at least 30% will be applied if the products meet the return merchandise authorized accessibility criteria.

The return must be sent to the Excloosiva – RMA (Return Merchandise Authorized) department, within 20 days of delivery, and be accompanied by the completed return slip, describing the merchandise concerned, the reason for the return, the date of purchase. and the invoice number of the returned products.

To be eligible for a trade-in, the following cumulative conditions must be met:

The products must be referenced in the catalog current on the date of the return and be returned in full; any modification of quantities or product references will void the return; The products and the original packaging must not be damaged or marked; The products must be complete (instructions, accessories, screws).

If there is no compliance with the 3 points above, the Excloosiva company reserves the right to refuse the return of products after inspections by our quality department. If the above conditions are met, the Excloosiva company will issue a return slip which will be credited to the Customer’s account according to the conditions pre-established between the Excloosiva company and the customer.

Once the return agreement has been prepared, the Customer must return the authorized merchandise to the RMA department at its expense within 7 calendar days to:

EXCLOOSIVA RMA department

51 Chemin du Moulin Carron, 69570 Dardilly

If in spite of a refusal of a return from the Excloosiva company, the customer decides on his or her own to return the goods, the customer will remain liable for the price of the merchandise concerned.

If the merchandise has been returned, the Customer must schedule its removal within a period of 7 calendar days following receipt by our RMA department. Each week involved will be invoiced in addition to the amounts due on the basis of €30 / Before tax per week per pallet location.

Any refund will be made in the form of a credit note issued within a maximum of 30 days.

The credit notes are valid for a period of 12 months as of the issuance of the credit note.

During this period, the customer may at any time request a refund in the form of a wire transfer to a bank account that he or she has previously identified to us.

DELIVERIES

Our material travels at the seller’s risk. The transfer of risk occurs upon signature of the voucher or acceptance and receipt of said delivery to the delivery address indicated by the customer at the time of the order.

It is the buyer’s responsibility to handle all necessary concerns and to exercise all possible recourses against the carriers in the event of damage or missing items. In case of damage or deterioration related to transport, it will be essential to send us a photograph of the object of the dispute as well as a copy of the delivery slip concerned.

As soon as the products are delivered, it is up to the customer or the recipient to ensure that the products delivered correspond to his order, and to check the condition and compliance of the products against the delivery note attached to the shipment of the order.

All complaints after delivery will be inadmissible. A period of 3 days in good faith will be granted to the customer in order to check whether an amicable solution is possible for him or her and to find a solution satisfactory to both parties.

The customer (or, if applicable, the recipient) will formalize his acceptance of the delivery by signing the delivery receipt issued by the carrier.

If, at the time of delivery, the external appearance of the package is not perfect, the customer or the recipient of the products will open the package in the presence of the carrier in order to check the condition of the products. If there is any doubt, the recipient of the products may refuse delivery.

He or she must advise this within 24 hours by email to: In order to specify the reason for the refusal of the delivery and in order to anticipate the recourse with the carrier as best as possible.

[email protected]

IMPORTANT:

IN THE EVENT of damaged merchandise RESULTING FROM TRANSPORT:

1 / the customer must ideally refuse the delivery and indicate his or her concerns in the form of detailed handwritten, dated, explicit observations accompanied by his or her signature on the delivery slip. To be admissible, the concerns must relate fully to the content (object) and the container (the packaging).

If the concerns relate only to one of the 2 components (content or container), these concerns will be systematically rejected by the transport compensation department.

Subject to unpacking, broken merchandise, caved-in cardboard will be systematically refused.

A good concern is of the caved-in cardboard broken merchandise type

 

2 / Inform the Excloosivacompany within 24 hours, by email to:

[email protected]

accompanied by a copy of the cl cer s, as well as photos illustrating the damage.

WARRANTIES

> Compliance and apparent defects:

All claims relating to the nature, type, characteristics, quantity and apparent qualities of the products must be reported to us by registered letter with acknowledgment of receipt within a maximum period of 15 calendar days from delivery to be taken into account.

> Legal warranty:

The Excloosiva company  guarantees its products against any hidden defect for two years from the date of delivery of the products, and subject to the defect being reported no later than two months after its discovery. For all other partner brand products, refer to the manufacturers’ warranties, which may be viewed on their respective sites.

In the event of receipt and assessment of products that have not been the subject of a request for coverage of the Excloosiva company warranty,

That does not cover defects that would originate from:

From an incorrect choice or improper use of the device; From a modification of the device without our written consent; From an electrical installation that does not comply with the standards and state of the art; From a cause external to the equipment (overvoltage, lightning, etc.); From non-compliance with the state of the art concerning the installation of lighting and/or the choice of materials (in particular on the seafront and edge of the sea, or damp locations).

as in the cases of returns under warranty proving to be non-compliant with the information provided by the Customer, the Excloosiva company will issue a Warranty Refusal. The customer will remain liable for the price of the goods concerned.

The Customer must schedule their removal within 7 calendar days following the sending of the Refusal of return by our RMA department. Each week involved will be invoiced in addition to the amounts due on the basis of €30 / Before tax per week per pallet location.

RETENTION OF OWNERSHIP

The Excloosiva company retains ownership of the goods sold until actual payment of the full price in principal and additional charges. Failure to make any of these payments may lead to a claim for these goods. The purchaser nevertheless assumes as of delivery the risks of loss or deterioration of these goods as well as the responsibility for the damages which these risks could cause. The purchaser commits to insuring them for their purchase value and now assigns the benefit of the compensation from the insurance to the Excloosiva company until payment is made in full. In the event of resale of the goods sold, the retention of ownership refers to the resale price which is now assigned to the Excloosiva company as collateral in accordance with article 2071 of the Civil Code.

If after 2 reminders with acknowledgment of receipt, each spaced 15 days apart, customers are still not making their payments as well as the compensations for late payments and collection costs, the Excloosiva company reserves the right to proceed with uninstalling and recovering the products; the customer will be responsible for paying Excloosive’s costs for uninstallation and travel. No objection to this uninstallation may be made.

APPLICABLE LAW & JURISDICTION

French law is the only one applicable to all transactions made under these general terms and conditions. In the event of dispute or conflict regardless of the cause or origin, such as in the event of a warranty claim or multiple parties, the Commercial Court of Lyon will have sole jurisdiction to settle any dispute between Excloosiva and the Customer.

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