Terms and Conditions of Sale

Preamble. - These terms exclusively govern the online sale of XanLite products and other products by YANTEC SAS, registered with the trade and companies register (RCS) of Pontoise under No. 390 995 462, with registered office at 45, avenue Victor Hugo, Bâtiment 264, Aile Nord, Aubervilliers (93300), France (“XanLite”), on the website www.xanlite-store.com (“the Site”), VAT No. FR27 390 995 462. These terms apply to the exclusion of all other terms and conditions, including those in force on other sites or in the shops of our retailers. [

The terms under which the products are offered for sale on the Site are stipulated below. By ticking 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. XanLite 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: service-client@xanlite.eu, at your usual Internet access rate, no supplement applied by us;

- Telephone: +33 (0)1.34.07.14.14

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 reservation; 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 XanLite 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 XanLite 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 the time the order is submitted by the buyer. The prices published on the Site include VAT, but do not include recycling taxes, dispatch/shipping costs, or any customs charges for deliveries outside the 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.

XanLite reserves the right to amend the prices of the products displayed on XanLite Store 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 XanLite. 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 XanLite the information required for the invoicing and delivery of the product.

Automatic registration systems are considered to provide evidence of the nature, content and date of the order. XanLite will confirm acceptance of a customer’s order using the email address provided. 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. XanLite 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, XanLite 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 the unit price of each, before and after tax

- The instructions for the products, or the key features appearing on their packaging

- The terms relating to the delivery and return of the products

- A reminder of your right to cancel and the corresponding form

- A reminder of the warranty and liability conditions and other key contractual terms, and how to invoke them

- A reminder of the information about our identity and activities, and our postal address, telephone number and email address.

After order confirmation, XanLite undertakes to deliver all the references ordered by the buyer to the shipping company within 48 working hours in metropolitan France. The shipping company has made a commitment to XanLite 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 ten days after order confirmation.

For deliveries outside metropolitan France, 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 the order is received. XanLite accepts no responsibility with respect to the payment of taxes payable by the customer.

In any case, orders sent within the European Union will be delivered within a maximum of twenty days after order confirmation.

Orders sent to an address located outside the European Union will be delivered within a maximum of thirty days after order confirmation.

5.1Free delivery by Relais Colis when spending over €55

Our partner, DPD, will deliver to the closest Relais Colis® to your home, free of charge when you spend over 39 euros inc. tax. If access permits, you will find a delivery notification in your letter box. You will also receive a “digital delivery notification” by email or text message, inviting you to pick up your package from the designated Relais Colis® after 2pm that day. If not collected from the Relais Colis® Colissimo within 10 days, the package will be returned to us. If you would like the package to be re-sent, you will have to pay the relevant shipping costs.

5.2 Home delivery

Our partner, So Colissimo, will deliver within 48 hours to addresses in France, signature required. Where the relevant option is ticked, delivery charges will appear in the customer billing total before payment.

In accordance with Article L.121-19-4 of the Consumer Code, XanLite 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 XanLite or by our partners, against whom it is up to XanLite to seek recourse where relevant.

However, without prejudice to the application of the rules of legal warranty where they are imperative in nature, XanLite 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 XanLite 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 XanLite is the customer does not use the item in accordance with the 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 dispatched within 72 working hours in metropolitan France. The delivery time runs from the dispatch date. Orders are validated when they are paid for and accepted.

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 the products ordered 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 the return shipping when we receive the product, complete and in its original condition.

5.4 Discrepancies noted upon delivery

Please make sure you check the condition of your package upon receipt: It is the customer’s responsibility to check the condition of the package and its contents at the time of delivery and to state any reservations or make any complaints that appear justified, including refusing the package 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 XanLite’s customer services department.

5.5 Returning an item

If you would like to return an item, please inform XanLite’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 the 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 article(s), if possible in its/their original packaging, intact, along with any accessories, instructions and documentation, to the following address:

Dachser Logistique

XANLITE – Customer Services

3 avenue des frères Lumière

95190 Goussainville - France

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 XanLite, 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 the processing of the return. Returns must be sent to the following address:

Dachser Logistique

XANLITE – Customer Services

3 avenue des frères Lumière

95190 Goussainville - France

 

Return costs are payable by you and you incur the risk until the package is received at the address indicated above. 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 the cooling-off period, XanLite must refund the price of the product(s) purchased and the original delivery costs as soon as possible, and no later than fourteen (14) days after receiving the customer’s notice of their decision to cancel, with the stipulation that the actual refund may not be made until the product returned by the customer has been received, in accordance with Article L.121-21-4 of the Consumer Code).

XanLite 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 XanLite.

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

 

7. Payment

The price invoiced to the customer is the price indicated on the order confirmation issued by XanLite.

XanLite accepts various methods of payment:

  • By credit/debit card:

Payment using any bank card bearing the CB symbol.

XanLite accepts:

- Visa Cartes Bleues, Eurocard Mastercard

- Aurore, Cofinoga, and 4 étoiles cards: choose PayPal as the online payment method.

The "CM-CIC p@iement" service allows you to pay using the Banque CIC bank server in a secure environment. Your card number is directed to the bank’s servers; your payment is made directly to the bank in a secure environment without going through the store’s server, which is even more secure because your details are only seen by our banking partner CIC.

  • By PayPal:

- If you have a PayPal account, you can use it to pay for your XanLite order. When you select to pay by PayPal by clicking on its logo at the payment methods stage, you will automatically be redirected to PayPal’s secure servers to finalise your payment.

- If you do not already have a PayPal account, you can create one free of charge during the payment phase using the PayPal site, 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 the 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 the 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, the 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 their 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 the warranty assumes that the buyer honours their 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 client will approach XanLite 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.

9. Warranty

Warranty for XanLite-branded products

All articles offered by XanLite benefit from the legal warranty of conformity (Article L. 211-4 and following of the Consumer Code).

In the event of non-conformity, the buyer may choose between the repair and the replacement of the item. However, XanLite may decide to proceed otherwise if the buyer’s choice would entail a manifestly disproportionate cost compared with the other option, taking the value of the item or the size of the defect into account.

If neither the repair nor the replacement of the item are possible, the buyer may return the item and be refunded the price or keep the item and be refunded part of the price.

Legal actions resulting from non-conformity should be initiated within two years from delivery of the product.

In any event, the customer also benefits from the warranty against latent defects (Art.1641 and following of the Civil Code). Provided that the buyer submits evidence of the latent defect, the seller is legally obliged to compensate for all consequences thereof. In this case, the buyer may choose to return the item and be refunded the price, or to keep the item and be refunded part of the price.

If the buyer wishes to initiate legal action on the grounds of latent defect, they must do so within two years of the discovery of the latent defect (Art. 1648 of the Civil Code).

Lastly, in the event of a safety defect in the product sold, the customer may take legal action on the basis of Articles 1386-1 and following of the Civil Code in order to obtain compensation for damage caused by the defective product.

No warranty will apply beyond the legal warranties described above.

The products sold on the Site comply with the basic regulations in force in the EU, as well as with any more stringent regulations applicable in France. No warranty of regulatory conformity is given for other territories, beyond that stated above.

Professional buyers will only benefit from the legal warranty against latent defects, to the exclusion of any other.

Warranty for items manufactured by third parties and third-party branded products

As regards products that are not XanLite-branded products and are manufactured by a third party, contained in sets or promotions, you can also take action directly against the manufacturer whose product appears defective, under the warranty against latent defects or non-conformity.

In addition to the legal warranty against latent defects and the legal warranty of conformity, you can also take action on the basis of any warranty agreed by the manufacturer that may be included with the purchased products. Where a manufacturer has provided a warranty, all complaints should be made, within any time limits stipulated in the warranty, either directly to the manufacturer or to XanLite by telephone, who will then pass the complaint on to the manufacturer.

 10. Liability

XanLite may not be held liable for non-compliance with the regulatory and legal provisions in force in the recipient’s country if it is outside the European Union.

XanLite may not be held in any way liable for material or consequential damage that may result from misuse (especially use not in accordance with the instruction leaflet) or misappropriate use by the customer of the products sold, in accordance with the stipulations of section 5.2 above.

 

In general, XanLite may not be held liable if the non-performance or poor performance of its obligations is attributable to the customer, to the unforeseeable and insurmountable action of a third-party unrelated to the provision of the services described in these terms and conditions of sale, or to a situation of force majeure.

11. Data Protection

In distance selling, the collection of personal information including names is essential for the processing and the delivery of orders and the issuing of invoices and warranty agreements. Failure to provide this information means the order cannot be validated. In accordance with the “Data Protection” Law, the relevant declaration has been made to the CNIL (French Data Protection Authority) concerning the processing of named information about customers. Under Article 39 of the Law of 6 January 1978, the customer has the right to access, modify, correct and delete their personal information, which they may exercise via XanLite. In addition, XanLite undertakes not to communicate, free of charge or for consideration, its customers’ details to any third party, except where strictly necessary for the completion of the order (especially for shipping and delivery purposes).

12. Intellectual Property

The Site is owned by XanLite in its entirety, as well as all related rights. Any total or partial reproduction is always subject to the owners’ permission. However, hypertext links towards the Site are permitted without specific request.

All intellectual property rights relating to the products remain the exclusive property of XanLite, subject to the rights of other manufacturers where duly filed. Under no circumstances will you acquire the right to reproduce these products or the technology used.

"XanLite"" is a registered trademark; its use by a non-authorised third party, except where provided for by law, is strictly prohibited and constitutes an act of infringement punishable under the Intellectual Property Code.