Any order for a product listed in the online shop of the silumen website requires prior reading and acceptance of these general terms and conditions of sale. Clicking to confirm the order implies full acceptance of these terms. This click is equivalent to a "digital signature".
Purpose
The purpose of these general terms and conditions is to define the rights and obligations of the parties in connection with the online sale to consumers of goods offered by THE FIRST on our silumen website.
Proof of transaction
The computerised records, kept in the computer systems of THE FIRST under reasonable security conditions, are considered as proof of communications, orders and payments.
Exchanges between the parties
Purchase orders and invoices are archived on a reliable and durable medium that can be produced as evidence.
Product information
Every effort has been made to ensure the accuracy of the information presented on silumen. However, THE FIRST and its suppliers are not liable for any consequences, incidents or special damages resulting from electronic transmissions or from the accuracy of the information transmitted, even if THE FIRST was aware of the possibility of such damages. Product and manufacturer names and brands are used for identification purposes only.
We reserve the right, but are not obliged, to limit the sale of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service that we offer.
All product descriptions and prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited by law.
Validity of the offer and its price
Our prices are valid for the day.
Price display
All our prices are displayed excluding VAT for business customers and including VAT for private customers.
Delivery time
Delivery times may not exceed 30 days unless otherwise agreed with the customer.
Allow 5 to 10 working days for standard delivery to your home or to a pick-up point. Express home delivery takes 24 to 72 working hours.
See also Delivery & Returns for more information.
Delivery terms
Products are delivered to the address given by the consumer on the order form and only within the geographic areas we serve.
Delivery is charged at a flat rate. THE FIRST reserves the right to use the provider and services of its choice for all orders placed on the website.
Delivery problems caused by the carrier
We accept no liability for extended delivery times caused by the carrier, in particular in the event of loss of products, bad weather or strikes.
As with any shipment, delays may occur or the product may go missing. In such cases, we contact the carrier to open an investigation. Every effort is made, for as long as necessary, to find the parcel. Where applicable, the retailer will deliver a new identical parcel at its own expense or refund the full amount of the order.
All products leave our premises in perfect condition. The customer must report to the carrier (or postman) even the slightest sign of impact (holes, crush marks, etc.) on the parcel and, if necessary, refuse the parcel. A new identical product will then be sent to you free of charge.
If you are unable to check your entire parcel on delivery, or prefer to accept the parcel despite visible damage, you have 48 hours (two working days) after unpacking to notify us of the receipt of a broken or damaged item.
Failed delivery due to "Incomplete or incorrect address or recipient absent"
THE FIRST cannot be held liable for any failed delivery due to an address declared incomplete by the carrier. If a parcel is returned marked "incomplete address" or declared NPAI (not living at the address given) by the transport company, we will issue a credit note or cancel the order as soon as it is returned to our premises.
Make sure that the period of 15 consecutive days to collect your parcel from your post office or pick-up point has not expired.
The credit note or refund will be reduced by the delivery costs incurred by THE FIRST, including during "Free shipping" promotions, since our company pays the carrier for delivery in all cases.
If the parcel is returned for a reason attributable to you (parcel not collected, incorrect/incomplete address, etc.), you will have to pay new delivery charges before the parcel can be reshipped if the free shipping threshold was not reached.
Delivery errors
This paragraph concerns products missing from the parcel compared with the order confirmed on the website, or items received instead of those ordered due to an order picking error.
You must notify THE FIRST of any delivery error in relation to the details on the order form no later than 8 working days after delivery.
After this period, any claim will be rejected. Claims may be submitted to THE FIRST using the form available in the "Information > Contact" section.
Any claim not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release THE FIRST from any liability towards the consumer.
In the event of a delivery error, any product to be exchanged or refunded must be returned to THE FIRST in its entirety and in its original packaging in perfect condition to the logistics warehouse at the following address: Mandarin And Co, 137 Avenue Louis Roche, 92230 GENNEVILLIERS. Please note that this address is different from that of the registered office. Any return parcel sent to the registered office address will be refused.
To be accepted, any return must be notified and receive the prior agreement of the SELLER, who, if it agrees, will reship the parcel to the correct address.
Right of withdrawal
The right of withdrawal applies only to natural persons.
In accordance with Article L221-18 of the French Consumer Code (Code de la consommation), the consumer has fourteen (14) calendar days to return, at their own expense, any products that do not suit them. This period runs from the day the consumer receives the order. Any return may be notified in advance to THE FIRST customer service. The product must be returned to the logistics warehouse at the following address: Mandarin And Co, 137 Avenue Louis Roche, 92230 GENNEVILLIERS. Please note that this address is different from that of the registered office. Any return parcel sent to the registered office address will be refused.
Only products returned in their entirety, in their complete and intact original packaging and in perfect condition for resale will be accepted. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded, taken back or exchanged. This right of withdrawal is exercised without penalty, with the exception of shipping and return costs. When exercising the right of withdrawal, the consumer may choose to request either a refund of the sums paid or an exchange of the product. In the case of an exchange, reshipment will be at the consumer's expense.
If the right of withdrawal is exercised, THE FIRST will refund the consumer within a maximum of fourteen (14) days from receipt of their decision to withdraw (Article L221-24 of the French Consumer Code).
Any refund will be made using the payment method used for the purchase.
To exercise their right of withdrawal, the consumer may use the form available on the silumen website, or contact us by post or by email via the contact section of our website. Telephone calls must be followed up in writing by email in order to validate the withdrawal request.
Product warranty
The provisions of these terms cannot deprive the consumer of the legal warranty that obliges the professional seller to protect them against all consequences of hidden defects in the item sold.
The consumer is expressly informed that THE FIRST is not the manufacturer of the products presented on the silumen website and that it accepts no liability for defective products.
Consequently, in the event of damage caused to a person or property by a product defect, only the liability of the manufacturer of that product may be sought by the consumer, on the basis of the information shown on the packaging of that product.
The warranty period is two years (2 years). The following are excluded from this warranty:
- all products modified or repaired by the customer or by any entity other than the service providers chosen by the SELLER.
- all products used in conditions other than those intended for their use.
- all bulbs except LED bulbs and bulbs for which the product page states otherwise.
Any warranty claim to THE FIRST must be made using the form available in the "Information > Contact section. At the request of the after-sales service, the products must be returned, properly packed (so as not to be damaged in transit), to THE FIRST for examination at the customer's expense. All repair, replacement and return-to-customer costs will be borne by THE FIRST.
Sale of services
The services offered by Silumen are subject to these General Terms and Conditions of Sale (GTCS). These services are provided in accordance with the detailed description of each offer, available on our website. The services include personalised support, regular follow-up and a warranty covering all work carried out, except in cases of force majeure or exclusions expressly mentioned in the GTCS. The service provider undertakes to provide the services with competence and diligence, in accordance with the standards in force. If the service cannot be performed or the customer is dissatisfied, the customer may request a cancellation or refund within 14 days of the service, provided that the warranty conditions are met. Termination of the services, before or after their performance, will be governed by the termination terms specified in the contract.
Force majeure
Neither party shall be deemed to have failed to meet its contractual obligations insofar as their performance is delayed, hindered or prevented by an unforeseeable event of force majeure. Force majeure shall mean any irresistible fact or circumstance, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by them despite all reasonably possible efforts.
The party affected by such circumstances shall notify the other within ten working days of the date on which it became aware of them.
The two parties shall then meet, within three months, unless this is impossible due to the force majeure event, to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the force majeure event lasts longer than one month, these general terms and conditions may be terminated by the injured party.
In addition to those usually recognised by the case law of the French courts and tribunals, the following are expressly considered as cases of force majeure or unforeseeable events: blocking of means of transport, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
Partial invalidity
If one or more provisions of these general terms and conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
No waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general terms and conditions of sale shall not be interpreted as a waiver of the obligation in question in the future.
Applicable law
These general terms and conditions are subject to French law. This applies to both substantive and formal rules.
In the event of a dispute or complaint, the consumer shall first contact THE FIRST to seek an amicable solution.
Protection of personal data
All the data you entrust to us is used to process your orders.
Under French Law no. 78-17 of 6 January 1978 on information technology, data files and civil liberties and Regulation (EU) 2016/679 (GDPR), you have the right to rectify, consult, modify and delete the data you have provided to the SELLER. This right may also be exercised online.
Disputes
Any order placed via the silumen website implies the customer's unreserved acceptance of the general terms and conditions of sale of THE FIRST.
In the case of a sale to a legal entity, any dispute relating to the sale (prices, GTCS, products, etc.) shall be subject to French law before the Commercial Court of the registered office of THE FIRST.
- Registered office: SARL THE FIRST, 11 Rue Jean Baptiste Charcot 92400 Courbevoie.
- SIRET: 439 989 047 00071
- Intra-community VAT number FR77 439 989 047