T&Cs

1.1 USEFUL CONTACT DETAILS

If You wish to contact me, my details are as follows :

• Phone number : at 06 73 48 59 98, Monday to Friday from 9 :00 AM to 7 :00 PM

• Email : luminophile@thierrytoutin.com

• Host of luminophilie.com : OVH

1.2 SCOPE OF THE AGREEMENT

Your use of the Site and/or any purchase made from Thierry Toutin are expressly and exclusively governed by these Terms, as well as any other terms and conditions posted. Please note that, in the event of any conflict, the Terms shall prevail—unless expressly stated otherwise—over any other terms and conditions referenced above.

1.3 AMENDMENTS TO THE AGREEMENT

The Agreement may at any time be reviewed, updated, or otherwise modified in whole or in part; provided that, when You place an order on the Site, the Terms in force on the Site at the time of Your order’s registration shall apply.

2.1 Price

The price of items in the permanent collections is indicated on each individual product page. They may be added to your cart and paid for online. If the price is listed as “on request,” you must request it by email or phone. Once both parties agree, payment is made by bank transfer.

The price of unique pieces is available upon simple request and is then paid by bank transfer. For bespoke orders, a deposit of 50 % of the quoted amount is required; receipt of this deposit triggers the start of production.

The price for styled installations is quoted on request. After you accept the quote, payment is made by bank transfer. A 50 % deposit is required when you place the order, and its receipt triggers production.

2.2 Shipping Costs

All my product prices are quoted in euros, VAT included. Shipping is free to metropolitan France, Belgium, and Switzerland. For destinations outside these three zones, shipping costs will be provided before you order, either by phone (06 73 48 59 98) or by email (luminophile@thierrytoutin.com).

2.3 International Shipping

For any order shipped to a country other than France, you act as the importer of the product(s). For shipments outside the European Union, prices on the invoice will be shown excl. VAT. Customs duties, local taxes, import fees, or other governmental charges may apply. These charges are your responsibility alone—both for declaring and paying them to the competent authorities. I recommend you check with your local authorities for details.

2.4 Invoice

An invoice for your order is issued when your order is shipped. It is available in your online customer area and may also be requested by phone or email from Thierry Toutin.

2.5 Payment Currency

All orders are payable in euros.

2.6 Price Changes

Thierry Toutin reserves the right to modify prices at any time and without notice, subject to section 1.3 above. Products already ordered will be billed at the prices in effect when your order was recorded.

2.7 Payment Methods

You may pay for your orders:

1. By credit card (Visa, MasterCard, or Carte Bleue): your order amount will be debited within seven (7) days. The order date is the date of online payment.

2. By bank transfer: the Site will provide you with Thierry Toutin’s banking details. You must initiate the transfer so that the funds arrive within seven (7) days for the order to be recorded. The order date is the date the funds are received in the Thierry Toutin account.

2.8 Prices Displayed in the Cart

Products in your shopping cart always reflect the most recent price shown on the product’s description page. This price may differ from the price displayed when you first added the item to your cart. Placing a product in your cart does not guarantee its price will remain the same at checkout; it may be higher or even lower at the time of payment.

2.9 Potential Errors

Information—especially prices—displayed on the Site may contain errors due to system faults or typographical mistakes. While I make every effort to prevent such errors, they may occur. I will not honor orders based on incorrect information or pricing. If a displayed price is lower than the actual price, I will contact you by email to either cancel the order or provide instructions for paying the difference. I apologize for any inconvenience and invite you to contact me with any questions.

2.10 Non-Negotiable Prices

My product prices are not negotiable. I strive to offer the fairest possible prices. The final price of my creations reflects the inherent costs of French manufacturing, the pursuit of excellence, and the significant number of hours dedicated.

3.1 CONDITIONS FOR PLACING AN ORDER

You declare that you:

• are at least 18 years old and have the legal capacity to place and fulfill any order, or hold parental authorization allowing you to place and fulfill any order and are able to prove this at any time upon my simple request;

• are a natural person acting for your personal needs only (in particular, any order you place must correspond to the normal needs of a private individual).

3.2 PLACING AN ORDER

3.2.1 Methods of Ordering
You may choose to place your order:

• by email at luminophile@thierrytoutin.com

3.2.2 Specific Provisions for Ordering on the Site
I will acknowledge receipt of your order only if the following steps are completed:

1. Step 1 – You must enter all requested information, namely:

   • Your first and last name;

   • Your contact details (phone and email);

   • Your full billing address;

   • Your full delivery address (P.O. boxes are not accepted);

   • Your chosen payment method.

2. Step 2 – To confirm your order, you must:

   • Review the information you have entered and correct any errors;

   • Check the box confirming that you have read and unreservedly accept these Terms;

   • Click “Validate.”

3. Step 3 – After validating your order, you must, as a precaution, confirm it again by:

   • Verifying your order details, including the total price;

   • Clicking “Confirm my order.”

3.2.3 Receipt of Your Order
Thierry Toutin is bound by the order only upon sending an acknowledgment of receipt and upon actual receipt of the corresponding funds in his account. Thierry Toutin also reserves the right to cancel or refuse any order for good reason, without liability, in particular if there is doubt or dispute concerning a prior order by the User.

3.2.4 Changes to Your Order

• By Me, in Case of Product Unavailability:
  My product offers and prices are valid within the limits of my production capacity. Delivery times are indicative; I will inform you of any new lead time and you will, in any event, have the option to cancel your order.

• I also reserve the right to cancel all or part of an order in case of supplier failure or force majeure. I will notify you as soon as I become aware and will refund any amounts you have already paid for the cancelled order or portion thereof. In all cases, I will contact you promptly to propose possible alternatives.

3.3 DELIVERY

3.3.1 Fees
Delivery and/or customs fees may apply. If so, they will be communicated by email before final confirmation of your order.

3.3.2 Information
I will inform you in writing (SMS and/or email) of the progress of your order’s production and the shipment of your items.

For any questions about the following details, please contact me:

• My identity (name, phone number, registered office), delivery fees, and payment, delivery, or execution terms;

• Conditions and procedures for exercising your right of withdrawal;

• The address for submitting any complaints;

• The warranties available to you after delivery;

• The expected shipping date of your order and the delivery date.

3.3.3 Place of Delivery
Products are delivered to the delivery address you provided during order placement. The delivery address may differ from the pickup address. If in doubt, please contact us at leluminophile@gmail.com.

3.3.4 Delivery Timeframes
Unless longer manufacturing, processing, shipping, or transit times are required (of which we will inform you when you order on the Site), products ordered will be delivered within 2 to 10 weeks from receipt of your order (see section 3.2.3). Delivery is deemed to occur on the date the products are first presented to the delivery address.

3.3.5 Delivery Delays
Please check your order status regularly on the Site (see “My Orders,” section 1.1). I will inform you of any shipping delays of which I become aware.

If you order multiple products at once and only some are delayed, I may split shipments. In that case, I will inform you of my intended arrangements before shipping.

If the parcel appears damaged or tampered with, you must refuse it from the carrier and notify me of your refusal.

3.3.6 Remarks on Delivery or Delivered Products
You must inspect the parcels and products upon delivery. If you have any reservations or observations justifying a return, you must proceed as indicated in section 4 below.

3.3.7 Title and Risk
Ownership and risk of the products transfer at delivery. However, if both Conditions A and B below are met:

• Condition A:

  1. Your parcel is returned to me by the carrier due to an incorrect address;

  2. You fail to claim it within the allotted time;

  3. You do not respond to phone calls or messages (email or voicemail) to schedule pickup in-store; or

  4. You fail to appear for the scheduled in-store pickup.

• Condition B:
  You remain unreachable—despite my attempts by phone, voicemail, and email—for three months from the parcel’s shipping date or the planned in-store pickup date.

Then Thierry Toutin will retain ownership of the products and may dispose of them as he wishes. He will keep any payments made to initiate production, and you agree to have no recourse to recover paid sums or unclaimed products.

3.4 PRODUCT MANUFACTURING

3.4.1
Thierry Toutin makes every effort to ensure that his online catalogue is as accurate and correct as possible. To show you product details, images may appear larger or smaller than the actual item. Because every computer is configured differently, colors may also vary.

3.4.2
My goal is to provide you with all necessary information and details so that you feel you know your product before physically receiving it. As my work is artisan, some details shown on our product pages may differ slightly from the actual item you receive.

4.1 RETURNS

You have the option to return any products ordered that do not fully satisfy you for refund or exchange up to fourteen (14) days after the delivery date (see section 3.3.3).

To do so, you must inform me in writing or by phone (see section 1.1) of your decision before returning the products, specify the reason for your return, and follow exactly the return procedure I will provide. Your return request takes effect only when Thierry Toutin acknowledges it in writing.

For returns requesting a refund, return shipping costs and insurance fees are covered by the Company. To this end, your parcel must be sent back using the prepaid label provided by Thierry Toutin from one of the following countries: Metropolitan France, Belgium, or Switzerland.

Upon receipt of your luminaire, I will verify that it is in perfect condition and acknowledge its receipt. I will then refund the price of the products no later than fourteen (14) days from the date your return was accepted, as specified in section 4.3 below.

4.2 CONDITIONS FOR ACCEPTING RETURNS

Returns under section 4.1 will be accepted by Thierry Toutin and eligible for refund or exchange only if:

(I) the return procedure described by me and on my Site has been followed;
(II) the products are returned in perfect condition—items that are incomplete, damaged, or soiled will not be accepted;
(III) all components of the product are returned in their original, undamaged, unmodified state;
(IV) items are returned in their original packaging, complete (including original certificate if applicable, accessories, gift box, instructions, etc.).

Because most of my pieces are made to order according to your specifications (design choice, cable color, personalized under-varnish engraving, or other customization), they fall under exception No. 3 of Article L. 221-28 of the French Consumer Code. Therefore, for all made-to-order pieces (noted as deliverable in “two to three weeks” or more):

(A) a second consecutive return of such made-to-order pieces is not permitted;
(B) only one product per order may be returned;
(C) items that you requested with an additional or specific personalization (e.g., under-varnish inscription) cannot be refunded or exchanged;
(D) certain special products are non-returnable and are clearly so indicated at the time of order;
(E) returns are otherwise possible provided all other return conditions are met;
(F) products shipped outside the European Union or delivered in France with a tax refund benefit cannot be refunded or exchanged.

Conditions (A) and (B) above do not apply to standardized, in-stock products that you have not asked to personalize in an identifiable way.

4.3 REFUND PROCEDURE

All refunds will be made, at Thierry Toutin’s discretion, either by crediting your credit card or by bank transfer to the account in the customer’s name used for the order, at the billing address provided at the time of purchase.

4.4 RIGHT OF WITHDRAWAL

Pursuant to Article L. 221-18 of the French Consumer Code, you have a period of fourteen (14) clear days from receipt of the products to exercise your right of withdrawal, without justification or penalties. I will refund you no later than fourteen (14) days following the date on which you exercised your right of withdrawal. You may exercise this right using the withdrawal form provided upon delivery of the products, in accordance with Articles L. 221-1, L. 221-5, and L. 221-13 of the French Consumer Code.

However, as most of my pieces are made to order according to your specifications (design choice, cable color, personalized under-varnish engraving, or any other customization), they fall under exception No. 3 of Article L. 221-28 of the French Consumer Code. Therefore, for all made-to-order pieces (noted as deliverable in “two to three weeks” or more, or generally for any component you request to be personalized), this right of withdrawal does not apply, which you expressly acknowledge.

5.1 REGARDING THE PRODUCTS

5.1.1 Legal Warranties
Thierry Toutin complies with applicable law concerning defects in conformity of the product with the Contract and hidden defects under Articles 1641 to 1649 of the French Civil Code, as well as Articles L. 217-4, L. 217-5 and L. 217-12 of the French Consumer Code:

Article L. 217-4 of the Consumer Code:
The seller must deliver goods in conformity with the contract and is liable for defects of conformity existing at the time of delivery. He is also liable for defects of conformity resulting from the packaging, assembly instructions, or installation when this has been made his responsibility by the contract or has been carried out under his responsibility.

Article L. 217-5 of the Consumer Code:
To be in conformity with the contract, the goods must:
1° Be fit for the use normally expected of similar goods and, where applicable:

• correspond to the description given by the seller and possess the qualities presented by the seller to the buyer in the form of a sample or model;

• present the qualities that a buyer can legitimately expect given public statements made by the seller, producer, or their representative, notably in advertising or labeling;
  2° Or present the characteristics defined by mutual agreement of the parties or be fit for any specific use sought by the buyer, brought to the seller’s attention, and accepted by the seller.

Article L. 217-12 of the Consumer Code:
The action resulting from a defect of conformity is time-barred two years after delivery of the goods.

Article 1641 of the Civil Code:
The seller is bound by the warranty for hidden defects in the item sold which render it unfit for its intended use, or which so diminish that use that the buyer would not have acquired it, or would have given only a lesser price, had he known of them.

Article 1648, paragraph 1 of the Civil Code:
The action resulting from hidden defects must be brought by the purchaser within two years from the discovery of the defect.

Moreover, Thierry Toutin extends this warranty on luminaires sold by the Company beyond two years and up to four years—excluding bulbs and power cables—provided the product is used under normal conditions.

For non-interchangeable LED strips and LEDs, the warranty on these components is extended to ten (10) years.

It is recalled that any damage, deformation, or destruction of the products, as well as breakage of crystal pendants, glass beads, or other elements resulting from external forces, shocks, mishandling, installation near a heat source, or any other improper use or installation, are not covered by this warranty. Such cases will be subject to a repair quote, and if you accept the quote, repair work will be invoiced.

5.2 REGARDING THE SITE

Without prejudice to the warranties set out in section 5.1 above, Thierry Toutin grants no warranty whatsoever on the Site and/or its Content (as described in section 7 below). In particular, Thierry Toutin does not warrant that any element of the Site is suitable for any specific purpose. He does not guarantee that the functions on the Site or any Content or other elements will be available at all times, uninterrupted or error-free, that any defects or errors will be corrected immediately, or that the Site or its server will be free of viruses or other components that may cause damage.

6.1 COMPLIANCE WITH APPLICABLE LAW
The luminaires offered comply with French law in force at the time of offer. Thierry Toutin’s liability cannot be engaged for non-compliance with the legislation of the country to which luminaires are delivered. It is your responsibility to verify with local authorities the import requirements and procedures for the luminaires you intend to order, and to comply with them under your sole responsibility.

Moreover, if you choose to access the Site from territories other than France, you do so on your own initiative and at your own risk. You must comply with local laws to the extent that they are applicable.

6.2 PRODUCT PHOTOGRAPHS
Photographs of luminaires are provided for illustrative purposes only. Please refer to each product’s description for precise specifications. If in doubt or if you require further information, do not hesitate to contact me (see section 1.1 above).

6.3 LIMITATION OF LIABILITY
Except in cases of fraud (dol) or gross negligence, and except for liability under defective‐product law, Thierry Toutin’s total liability for all compensable damage under these Terms, arising from any breach by Thierry Toutin, is limited to compensation for direct, material, and foreseeable losses actually incurred by you as a result of that breach, and in no event shall it exceed the amount of your last purchase—even if Thierry Toutin was advised of the possibility of such damages.

For the purposes of these Terms, indirect damages that do not give rise to compensation by Thierry Toutin, even if foreseeable, include loss of profit, loss of turnover, loss of data, databases or programs, loss of savings, additional costs, damage to reputation, and claims by third parties.

Thierry Toutin shall not be liable for any damage caused by (I) your own actions, omissions, or negligence; (II) force majeure as defined by French case law; (III) any third party not engaged by Thierry Toutin for performance of the Terms (e.g., if issues arise from the performance, congestion, or connection of telecommunications networks or your own IT equipment); or (IV) any other event that neither Thierry Toutin nor its suppliers could reasonably have foreseen or prevented, even if they had taken all reasonable precautions.

In particular, damage or loss resulting from the inadequacy or incompatibility of your IT equipment (hardware and/or software) with all or part of the Site, or from your failure to implement reasonable and necessary protections against harmful programs, devices, or communications, shall be deemed your own responsibility. It is solely your duty to (I) verify that your IT and/or telecommunications equipment is compatible with the Site before use and (II) implement all reasonable and necessary protections (e.g., antivirus software).

6.4 LINKS TO OTHER SITES
The Site, as well as other pages controlled by Thierry Toutin (Facebook, Instagram, etc.), may contain links to other Internet sites. These sites are not under the control of Thierry Toutin, and you acknowledge that Thierry Toutin is not responsible for their content, including accuracy, respect for intellectual property rights, legality, or decency. The inclusion of such a link does not imply endorsement or association by Thierry Toutin with those sites or their operators. Thierry Toutin cannot guarantee your satisfaction with any product or service obtained from a third-party site linked from or to the Site, as those commercial channels are independently owned and operated. Thierry Toutin does not promote any goods nor has it verified the accuracy or reliability of any information on third-party sites. You are strongly encouraged to perform any due diligence you deem necessary before engaging in any electronic transaction with any third party.

6.5 STATUTE OF LIMITATIONS
Without prejudice to Articles L. 217-12 of the Consumer Code and 1648 of the Civil Code (referred to in section 5.1.2 above) and other mandatory legal provisions to the contrary, you agree that any claim or legal action arising from or relating to the use of any part of the Site or these Terms must be filed and pursued on the merits within one (1) year following the earlier of: the date the claim was first asserted or the date the cause of action first arose, under penalty of forfeiture.

7.1 Legal Protection
The Site and all elements (including products), documents and other data appearing on it (the “Content”), whether visual or audio, are protected by applicable French and international laws relating, as the case may be, to trademarks—registered or not—trade names or other distinctive signs, copyrights, neighbouring rights, sui generis database rights, design rights, patents, trade secrets or other similar rights, and belong to or have been licensed to Thierry Toutin.

7.2 Intellectual Property Infringement
Your right to use the Site and any Content or other elements appearing on it is subject to your compliance with these Terms and all applicable laws and regulations. Any use of the Site or any Content for purposes other than those expressly authorised by these Terms may constitute an infringement of our rights or those of our licensors:

1. You may access and view Content and other Site elements only for your own private, non-commercial use;

2. The Site and all Content may not be copied, reproduced, modified, republished, uploaded, posted, adapted, transmitted, distributed or used in any manner without the prior written consent of Thierry Toutin, or unless an applicable mandatory legal exception permits it (in which case you must leave all proprietary notices intact);

3. You must not use meta-tags or any hidden text containing my name or trademarks, or those of affiliated companies, without my specific prior written permission;

4. Any User wishing to place, for personal use, a simple link to the Site’s homepage must first obtain my specific written authorisation; under no circumstances will such authorisation entail any liability on my part, in relation to the Site or any Content;

5. Any hyperlink to the Site using framing or in-line linking techniques is strictly prohibited.

8.1 CONTENT SUBMISSION

Users may send me reviews, comments, or any other content; submit suggestions, ideas, questions, or other information provided that such content is not illegal, obscene, abusive, threatening, defamatory, infringing on intellectual property rights, or harmful to third parties and does not consist of or contain computer viruses, political campaigning, commercial solicitations, mass mailings, chain letters, or any form of “spam.” You must not use a false e-mail address, impersonate any person or entity, or otherwise mislead me as to the origin of any content. I reserve the right, at my sole discretion, to remove or edit any content and to pursue legal action against any user who violates these Terms.

8.2 RIGHT TO REPRODUCE

If you submit content to me, and unless you state otherwise in writing, you grant me—and my affiliated companies—a royalty-free, perpetual, irrevocable, non-exclusive worldwide license to reproduce, modify, adapt, publish, translate, distribute, sublicense, and display such content on the Site and on any other media.

8.3 NECESSARY RIGHTS

You represent and warrant that you own or otherwise control all rights in the content you submit and have the right to grant the license granted above to me. You agree to indemnify and hold me harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or in connection with your content.

9.1 GOVERNING LAW
These Terms are governed by French law (excluding its conflict-of-laws rules).

9.2 COMPETENT COURTS
In the event of any dispute, only the Commercial Court of Orléans shall have jurisdiction.

9.3 MEDIATION
Banque Populaire Val de Loire

10.1 PERSONAL DATA MANAGEMENT
All personal data collected on the Site are intended for use by Thierry Toutin with your consent. Thierry Toutin undertakes to protect your personal data. Any personal data concerning you collected by Thierry Toutin are processed with the strictest confidentiality, in accordance with Law No. 78-17 of 6 January 1978 on Information Technology, Files and Civil Liberties, for the purpose of order processing. Your personal information and data are necessary for managing orders and our relationship with you, as well as to inform you of all commercial offers and information that may interest you. They may be transmitted to service providers and contractual partners involved in order management and to all subsidiaries of Thierry Toutin. This information, as well as order records, are also retained for security purposes, to comply with legal and regulatory obligations, and to enable Thierry Toutin to improve and personalize the services offered to you.

10.2 RIGHT OF ACCESS, RECTIFICATION, AND OBJECTION
In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, rectify, and object to the processing of personal data concerning you. To exercise this right, you must send a letter to:
Thierry Toutin, 9, rue du Faubourg Berry, 45150 Jargeau, clearly stating your first name, last name, email address, and customer reference. Each request must be signed and accompanied by a copy of an identity document bearing your signature, and must specify the address for the response. You will receive a reply within two (2) months of receipt of your request.

10.3 BLOCTEL
Pursuant to Article 223-2 of the Consumer Code, you are informed that you may, if you wish, register on the French Do-Not-Call list at <www.bloctel.gouv.fr>. Registration on this list prevents marketing calls from professionals with whom you do not have a pre-existing contractual relationship. If you are already registered with Bloctel, providing your telephone details to me authorizes me to call you back in connection with your order or to suggest other services.

Thierry Toutin may send You commercial offers by post, email, SMS, telephone or via any web spaces operated by Thierry Toutin or one of its partners on social networks, subject to Your prior consent. You have at any time the right to object, at no cost, to such commercial solicitations by clicking the “unsubscribe” link included in each email.

12.1 USE OF COOKIES
When browsing the Site, information about your navigation may be saved in “Cookies” files installed on your device (computer, tablet, smartphone). These Cookies are issued by Thierry Toutin to facilitate navigation on the Site and allow the Site to recognize your browser when you are connected. They are used to:

• Compile usage statistics (number of visits, pages viewed, cart abandonment rates, etc.)

• Adapt the Site’s presentation to your device’s display preferences

• Remember information entered into forms, manage and secure access to reserved personal areas (such as your customer account), and manage the shopping cart

12.2 PURPOSE OF COOKIES
Thierry Toutin reserves the right to place Cookies on your device during your visits to the Site. A Cookie is a small file sent to your device and stored on your hard drive. A Cookie does not identify you personally but serves to record your previous visits to the Site to help Thierry Toutin customize its services.

12.3 DISABLING COOKIES
You can configure your browser to disable Cookies and thus prevent any Cookie from being installed on your device without your express consent. Any such configuration may affect your Internet browsing experience and restrict access to certain Site services that require Cookies.

12.4 THIRD-PARTY APPLICATIONS
The Site uses third-party applications that allow you to share Site content with others or express your opinion about Site content (social networks such as Facebook, Instagram, Google+, Twitter, etc.).

12.5 DATA COLLECTION BY SOCIAL NETWORKS
When you view a page containing a “Share” or “Like” button, your browser connects directly to the servers of the relevant social network. If you are logged into that network during your visit, these buttons may link the pages you view to your account. If you interact with these plugins—for example by clicking “Like” or posting a comment—the corresponding information will be sent to and published on your social-network account. If you do not wish social networks to associate data collected via the Site with your account, you must log out of the social network before visiting the Site. In particular, Thierry Toutin collects and uses your browsing data when you access the Site via Facebook. These data are used solely by Thierry Toutin.

12.6 NO LIABILITY FOR SOCIAL NETWORKS
Thierry Toutin shall not, under any circumstances, be liable for the content or operation of any social network, including those linked to the Site.