GENERAL SALES CONDITIONS
The present general conditions of sale (hereinafter the “General Conditions”) apply between:
SAS LUMA Arles,
A simplified joint stock company with a capital of 20,000 euros,
Whose registered office is located at 35 avenue Victor Hugo - 13200 Arles, SIRET identification number : 812901700 00037
Email : firstname.lastname@example.org
Website : www.luma-arles.org
Telephone : 04.88.65.83.09
(hereiniafter “LUMA Arles”)
Any natural or legal person making a purchase or an order from LUMA Arles, (hereinafter the “Customer”)
Any order placed via the LUMA Arles website www.luma.org (hereinafter the “Site”), including its ticketing page or its online store (the “Shop”) will be governed exclusively by these General Terms and Conditions of Sale, which we recommend you read carefully.
The Customer acknowledges having read these Terms and Conditions prior to validating his/her order. The fact of placing an order implies the prior consultation of the present General Conditions of Sale and implies full and irrevocable acceptance of them. Consequently, the Customer declares and acknowledges that he/she has full knowledge of these terms and conditions and therefore renounces the right to invoke any other document.
The Site, the Shop, the source code, the texts, the images and other elements of the Site are the exclusive property of LUMA Arles. The entirety of the content of the Site and the Shop is protected by copyright law. As such, and in accordance with the provisions of the Intellectual Property Code, only private use of the Site, the ticketing page or the Shop is authorised. Otherwise, the offender is liable to prosecution before the competent court.
LUMA Arles reserves the right to adapt or modify these General Conditions at any time. In case of modification, the General Conditions in force on the day the order is placed will be applied.
«order» : Refers to any contract binding the Customer to LUMA Arles allowing the purchase of one or more services.
«customer»: Refers to any natural or legal person purchasing a service or placing an ordre with LUMA Arles..
«service»: Constitutes a service within the meaning of these General Terms and Conditions, all the services offered for sale by LUMA Arles, in particular individual entrance tickets, session services, dated services for groups, membership cards, as detailed in these General Terms and Conditions and offered for sale at LUMA Arles ticket offices, by e-mail and on its online ticketing pages.
"product": means any product offered for sale by LUMA Arles on its online ticketing service or at the box office and its online store.
PART 1 – CONDITIONS APPLICABLE TO INDIVIDUAL ADMISSION RIGHTS
1. CONDITIONS APPLICABLE TO ALL INDIVIDUAL ADMISSION FEES
Several types of entrance fees/tickets may be offered for sale on the online ticketing service and/or at the LUMA Arles ticket offices, depending on the programming of LUMA Arles.
The admission rights on sale, their rates, the reservation procedures and any specific conditions that may apply can be consulted at the LUMA Arles ticket offices, on the LUMA Arles website (https://www.luma.org/arles/nous-rendre-visite/infos-pratiques.html) and on the LUMA Arles online ticket office (https://www.luma.org/shop/ticketing.html)
Certain admission rights can only be granted upon reservation. In this case, the reservation procedure will be mentioned in the description on the LUMA Arles website www.luma.org
By purchasing a ticket online, the Customer waives the right to any other discount or free admission to which he/she may have been entitled for this visit.
LUMA Arles reserves the right to change the prices of individual entrance fees/tickets and sessions services at any time. However, these changes will not affect the price of orders that have already been paid.
All prices are quoted in euros and payment must be made for the exact and full equivalent of the ticket price. Payment of less than said equivalent value will not be accepted and may render the reservation null and void.
The prices indicated are inclusive of all taxes and do not include the cost of processing and shipping.
The costs of bank or postal transfers are the responsibility of the Customer. For foreign countries, payment can only be made by credit card and exclusively in euros.
The rates and entitlements to discounts or free tickets can be consulted at the LUMA Arles ticket offices and on the LUMA Arles website https://www.luma.org/shop/ticketing.html.
All free tickets or tickets with a reduced rate must be presented with proof of free or reduced rate. LUMA Arles réserves the right to request at any times any valid document justifying the reduced or free rate. Only valid documents are accepted to justify the free or reduced rate. In the absence of such documentation, the full price of the ticket must be paid at the LUMA Arles ticket office.
1.2 ACCEPTED METHODS OF PAYMENT
Entrance fees/tickets purchased online can only be paid by credit card.
At the LUMA Arles ticket offices, admission fees can be paid:
- in cash (notes and coins)
- by credit card
- by check
For all cash payments, the customer must make every effort to pay the balance. If the customer is unable to make up the difference, and LUMA Arles staff cannot give change, and another method of payment cannot be used, the sale of the service may be refused. Banknotes and coins in poor condition that prevent verification of their authenticity are refused.
The following cards are accepted : Visa, CB, Visa Electron, Mastercard, Vpay, Maestro, Amex.
Payment by check must be made out in euros, dated, signed and issued in France (art. L131-4 of the monetary and financial code), payable to SAS LUMA Arles. Any person paying by check must be able to prove his or her identity by presenting an official document bearing his or her photograph (art. L131-15 of the monetary and financial code).
Any method of payment not provided for in these General Conditions will be refused by LUMA Arles.
1.2. VALIDITY OF ADMISSION FEES
1.2.1. « THERMAL » TICKETS
Thermal tickets are materialised tickets purchased at the LUMA Arles ticket offices.
The ticket is personal and non-transferable. It is only valid for the service reserved and the period mentioned at the time of the order.
Each seat purchased corresponds to one ticket. Each ticket has a unique bar code that will be scanned at the entrance to the spaces.
Customers can place their order via the Internet and obtain their tickets instantly, from the confirmation email.
The e-ticket must be presented on a smartphone or printed on a white A4 sheet of ordinary paper, blank on both sides, without modification of its original format and with the Customer’s own equipment.
The ticket is only valid for the reserved service and for the period mentioned at the time of the order.
Each seat purchased corresponds to one ticket. Each e-ticket has a unique barcode.
The validity of the tickets is checked and recorded at the entrance using barcode readers.
Reproduction of tickets is prohibited. Only the first person to present the ticket will be admitted to the event. This person is presumed to be the legitimate ticket holder. Therefore, it is forbidden to reproduce, duplicate or counterfeit the ticket in any way, or to make it available for such purposes. The Customer is advised to keep the ticket in a safe place and to use only an official sales channel to purchase the ticket.
LUMA Arles reserves the right to refuse entry to the event if more than one print, reproduction, copy or imitation of a print-at-home ticket is in circulation and access to the event has already been granted to the holder of a print, reproduction, copy or imitation of the corresponding print-at-home ticket.
LUMA Arles is notably not obliged to check the identity of the person presenting the print-at-home ticket in order to verify that it is indeed the ticket buyer, nor to check the authenticity of the print-at-home ticket, as the imitation or copy can only be unmistakably identified as such at the event entrance checkpoint. If the holder of a print-at-home ticket is refused entry for this reason at an access checkpoint, there is no right to a refund of the paid price.
LUMA Arles accepts no responsibility for any anomalies that may occur during the ordering, processing or printing of the print-at-home ticket, unless caused intentionally or through negligence, in particular in the event of loss theft or illegal use of the print-at-home ticket.
Payment for events cancelled with print-at-home tickets will be refunded automatically to the ticket buyer by means of a credit to the credit card indicated during the ordering process. The right to reimbursement is exclusively that of the ticket purchaser on the print-at-home ticket and is not transferable.
No duplicates will be issued even in the case of loss or theft.
It is reminded that only the first person to present the ticket will be admitted to the event. This person is presumed to be the legitimate ticket holder.
1.4. LOSS OR THEFT OF ADMISSION FEES
LUMA Arles accepts no responsibility for the loss or theft of the entrance fee(s)/ticket(s), including within the venue.
1.5. FRAUDULENT USE
It is strictly forbidden to duplicate or counterfeit an admission fee/ticket in any way.
Any person who illegally duplicates an entrance fee/ticket and/or uses a counterfeit entrance fee/ticket will be subject to criminal prosecution.
LUMA Arles will refuse access to the site to any bearer of an entrance fee/ticket with a barcode that has already been scanned.
It is strictly forbidden to sell the entrance fee/ticket at a price higher than the price indicated on the entrance fee/ticket.
1.6. MODIFICATION AND CANCELLATION BY LUMA ARLES
LUMA Arles reserves the right to modify its services if all conditions are not met to offer them as planned.
In the event of cancellation by LUMA Arles of the service indicated on the ticket or reservation form, the Customer will be contacted as soon as possible to inform him/her of the cancellation and, if possible, offer to reschedule the service in question.
If postponement is impossible, the Customer may be reimbursed. The Customer must request a refund within three months of the date of cancellation or modification upon presentation of the non-invalidated ticket and his/her bank details (bank account number or credit card number with expiry date), excluding any other compensation or indemnity of any kind whatsoever.
By e-mail : email@example.com
By post addressed to :
SAS LUMA Arles
Service aux Publics / Pôle Billetterie et Réservations
ZAC du Parc des Ateliers
35 av. Victor Hugo
1.7 SPECIFIC CONDITIONS FOR GUIDED TOURS
In the case of delay on the part of the visitor, the itinerary of the guided tour and its end time will remained unchanged. For any delay of more than 30 minutes in relation to the start time of the tour indicated on the thermal or e-ticket, LUMA Arles reserves the right to refuse access to the service in order to guarantee good conditions for the visit without the Customer being able to request a refund of the amount paid.
PART 2 – CONDITIONS APPLICABLE TO GROUP ENTRANCE FEES
For any service intended for groups, the different formulas proposed as well as the organisation methods will be sent on request to the address firstname.lastname@example.org.
The price of the services depends on the services or packages chosen. It is established by means of an estimate which can include the entrance fees for each member of the group, the reservation fees, the service of a mediator or guide for the entire group and/or any other service chosen.
Reservations are mandatory, subject to availability of the visit slots offered by LUMA Arles.
LUMA Arles reserves the right to check the identity of the member(s) of the group having purchased a dated service for a group made up of persons benefitting from a reduced and/or free rate by means of an identity document or a valid proof of identity.
2.2 TERMS OF PAYMENT
Group services are paid by bank transfer, check or money order.
Payment by check must be made out in euros, dated, signed and issued in France (art. L131-4 of the French monetary and financial code).
Any person paying by check must be able to prove his identity by presenting an official document bearing his photograph (art. L131-15 of the French monetary and financial code).
Unless otherwise agreed in writing by LUMA Arles, and for payments other than by money order, payment for any dated service for groups must be made 21 days before the guided tour. For tours stated self-guided (without a mediator or tour guide), payment must be made 7 days before the tour. If payment is not received by these dates, the options taken will be automatically canceled.
For payments by money order, payment must be made 15 days after the event.
In consultation with LUMA Arles, if payment cannot be made prior to the visit, payment by cash or credit card may exceptionally be granted on the day of the visit.
For all cash payments, the customer will make every effort to make up the balance. If the customer is unable to make up the difference, and LUMA Arles star cannot give change, and another method of payment cannot be arranged, the sale of the service may be refused.
Banknotes and coins in poor condition preventing verification of their authenticity are refused.
The accepted cards are the following : Visa, CB, Visa Electron, Mastercard, Vpay, Maestro, Amex.
2.3 VALIDITY OF ADMISSION FEES
Tickets will be given to the group upon arrival at the reception desk. These tickets serve as an admission fee and must be presented to the LUMA Arles entrance personnel on the day of the visit. Any group that does not present their tickets may be refused entry to the tour areas.
Each entry fee (ticket) must be kept until the end of the visit and may be checked at any time during the visit.
2.4 SPEAKING RIGHTS
Guided tours for groups are conducted by a LUMA Arles mediator or an external guide approved by LUMA Arles.
Exceptional authorisations to speak may be given with the written consent of LUMA Arles so that the visit may be conducted by an outside third party.
Teachers on school outings with their students have the right to speak in LUMA Arles spaces.
LUMA Arles may grant the right to speak in writing for translation purposes in the case of a guided tour in a language not spoken by the mediators or authorised guides.
2.5 VISIT CONDITIONS
The group leader undertakes to ensure that all rules and regulations are followed and that group discipline is respected. Visitors in groups must not disturb other visitors in any way. Any waiting time for groups in the museum’s interior spaces must be carried out calmly.
The number of people in each group must be in accordance with the number indicated on the reservation confirmation. In the event that the number of participants exceeds the number indicated on the reservation form and the reservation department has not been notified within a reasonable period of time, LUMA Arles reserves the right to charge for any changes made to the final configuration of the group.
In the event of failure to comply with any of the conditions set forth in this article, LUMA Arles reserves the right to refuse access to the service.
2.6 CANCELLATION AND MODIFICATION OF A GROUP SERVICE
2.6.1 DELAY FOR GROUPS WITH A GUIDED TOUR
In the event of a delay on the part of the group, the group leader undertakes to inform the LUMA Arles reservation department as soon as possible. LUMA Arles will shorten the service to a duration taking into account the delay. The tour will therefore not be complete and the end tile of the visit will remain unchanged. For any delay of more than 30 minutes in relation to the time indicated on the ticket, LUMA Arles reserves the right not to provide the service without the customer being able to request a refund of the amount paid.
In the event of a delay of more than 20 minutes on the part of the LUMA Arles mediator, the group will be allowed access to the space chosen in advance and will be offered a new visit time slot free of charge.
2.6.2 CANCELLATION OF GROUP VISITS WITH GUIDED TOUR
If payment for the tour, excluding administrative money order, has not been received by 3 days before the date of the tour, LUMA Arles reserves the right to automatically cancel the tour and, if applicable, the cultural mediator.
Any group tour with commentary may be cancelled without charge no later than 21 days before the date of the tour. After this period, the full amount of the fee will be due.
2.6.3 MODIFICATION OF GROUP TOURS
The customer may, before or after receiving payment, request changes to the tour (group size, date, time, language, etc.) up to 3 days before the date of the tour. Concerning “free” visits, modifications must be made at the latest 24 hours before the service. These requests will require a feasibility check by LUMA Arles and may result in price adjustments.
2.7 CONDITIONS SPECIFIC TO THE SALE OF TICKETS FOR GROUPED SERVICES
LUMA Arles may temporarily offer a combined package for the realisation of several services.
Reservations are processed within the quotas allocated to each offer.
These offers can be consulted on the LUMA Arles website and at the LUMA Arles ticket offices.
PART 3 – COMMON CONDITIONS APPLICABLE TO INDIVIDUAL OR GROUP ADMISSION RIGHTS
3.1. REQUESTS FOR REFUNDS AND EXCHANGES
In accordance with article L 121-20-4 of the French Consumer Code, the sale of entrance fees/tickets to museums or related services is considered to be a leisure service and does not give rise to any right to a withdrawal period.
In application of articles L.121-21-8 and L.121-20-4, 2 of the French Consumer Code, the Customer does not benefit from the 7-day withdrawal period provided for in article L.121-20 of the same code.
Consequently, the entrance fees/tickets purchased are neither refundable, nor returnable, nor exchangeable, even in the event of loss or theft or forgetfulness during the visit, except in the event of cancellation by LUMA Arles of the service to which the ticket entitles the customer under the conditions defined below.
Exchange or refund is, however, excluded in the event of delay on the part of the Customer or when the cancellation is due to force majeure as defined in these General Conditions.
The organiser, broadcaster or producer reserves the right to make any changes to the program and distribution of the show not previously guaranteed.
3.2. CONTROL AND SECURITY ON SITE
Customers expressly agree to submit to all checks or verification measures intended to ensure the safety of persons and property within the LUMA Arles showrooms/exhibition spaces.
Accordingly, a search may be carried out at the entrance checkpoint, to which the Customer must agree.
The Customer must be able to present his or her ticket to the LUMA Arles representative at all times.
Except special cases (where, at the request of the Customer and with the agreement of LUMA Arles, an exit ticket valid only with the ticket originally purchased will be issued), any exit from the LUMA Arles premises is to be considered definitive and will terminate the contractual relationship.
LUMA Arles reserves the right to refuse access to the site and hall to any holder of a ticket acquired illegally.
3.3. PHOTOS AND RECORDINGS
In accordance with the provisions of literary and artistic property law and image rights, tickets do not entitle the Customer to a recording of the show/exhibition/event in any capacity whatsoever and by any technical means whatsoever.
Any recording, in any form whatsoever, including photographically, is strictly prohibited.
LUMA Arles and/or the organiser of the event reserve the right to seize, as a precautionary measure, the technical supports that made the recording possible and to seek compensation for the damage suffered.
Any show/exhibition/event is likely to be the subject of a video recording or a television broadcast or of any other means of distribution. In this case, the Customer is informed by a notice before entering the space.
Unless otherwise specifically stated on the admission fee/ticket, the admission fee does not include access to the parking lot.
In accordance with article L. 121-20-3 of the French Consumer Code, LUMA Arles cannot be held liable for any failure to perform or improper performance of the service to which the tickets entitle the customer, or for the unforeseeable and insurmountable act of a third party, or for the case of force majeure as defined in these General Conditions.
LUMA Arles cannot be held responsible for any non-compliant use of the site and/or the Online Ticketing service by the Customer or any other third party.
In any case, LUMA Arles shall not be liable in the event that the non-performance of its obligations is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure as defined in Article 3.8 of the General Conditions.
Likewise, LUMA Arles cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an external intrusion or the presence of computer viruses.
LUMA Arles, owner of the Shop, undertakes exclusively to comply with the legislative or regulatory provisions in force in France.
Hypertext links may direct the Customer to other Internet sites than the Website. LUMA Arles declines all responsibility in the event that the content of these sites contravenes the legal and regulatory provisions in force.
Any claim must be made in writing and addressed to LUMA Arles by registered letter with acknowledgement of receipt, to the following address:
SAS LUMA Arles
Service aux Publics / Pôle Billetterie et Réservations
ZAC du Parc des Ateliers
35 av. Victor Hugo
For any delay, the postmark will be taken as proof.
For all event tickets for which LUMA Arles is not the producer, please refer to the general terms and conditions of sale of the event venue or producer.
3.7. PROTECTION OF PERSONAL DATA
LUMA Arles may or may not process personal data, including banking or financial data, in the course of providing the products and services indicated in these General Conditions. The conditions of implementation of processing are described in the Personal Data Protection Policy accessible on the website www.luma.org.
3.8. FORCE MAJEURE
Neither LUMA Arles nor the Customer shall be held responsible for any failure to perform due to a case of force majeure considered as such by the French courts and jurisprudence.
Including, but not limited to, the following are considered in particular as cases of cases of force majeur, in addition to those usually retained by the case of French courts and tribunals: total or partial strikes internal or external to LUMA Arles or its customer service, blocking of the means of transport or supply for any reason whatsoever, governmental or legal restrictions, computer breakdowns, blocking of telecommunications including networks and in particular the Internet.
3.9. PROOF — CONSERVATION — ARCHIVING
The computerised registers, kept in the LUMA Arles computer systems, under reasonable security conditions, will be considered as proof of the sales contract, its date, orders and payments made between the parties.
Orders and invoices are archived on a reliable and durable medium so as to correspond to a true copy.
3.10. ENTIRETY OF THE GENERAL CONDITIONS
The parties acknowledge that these General Terms and Conditions of Sale constitute the entire agreement between them. If, for any reason, one of the clauses of these General Conditions should be declared inapplicable, it shall be deemed unwritten without invalidating these General Terms and Conditions or altering the other provisions of the General Terms and Conditions.
3.11. APPLICABLE LAW — DISPUTES — CLAIMS — MEDIATION
3.11.1 Applicable law
All clauses contained in these General Terms and Conditions of Sale, as well as all purchase and sale transactions referred to herein, are subject to the rules of French law.
3.11.2 Handling of complaints
In the event of a dispute with LUMA Arles, the Customer is informed that he/she may in any case have recourse to conventional mediation (Articles L 611-3 and seq. of the Consumer Code) or to any alternative dispute resolutions method (conciliation, for example) in the event of a dispute.
LUMA Arles is a member of the Médiation de la Consommation et du Patrimoine (MCP Médiation) whose contact details are as follows:
Mediateur contact details : https://mcpmediation.org
12 square Desnouettes
Tél : 01 40 61 03 33
Antenne Paca Région Sud
34 rue Gioffredo
In accordance with the rules applicable to mediation, any consumer dispute must be the subject of a prior written complaint to
LUMA ARLES, 35 avenue Victor Hugo, Service Billetterie /Réservation, CS 40015, 13633 ARLES CEDEX before any request for mediation.
After prior written request from the consumer to LUMA Arles, the Mediation Service may be contacted for any consumer dispute which has not been settled.
For more information on how to contact the Mediator : https://mcpmediation.org/saisir-le-mediateur/
In accordance with Article 14 of Regulation (UE) n°524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.
That platform is accessible at the following link : https://webgate.ec.europa.eu/odr/
PART 4 – PROVISIONS APPLICABLE TO THE SALE OF PRODUCTS
4.1. OFFERS AND AVAILABILITY OF PRODUCTS
Product offers and prices are valid as long as they are visible in the Shop, within the limits of available stock.
In the event of unavailability, the order is automatically canceled and LUMA Arles agrees to reimburse the Customer within and not later than sixty (60) from the date of payment.
The products are on sale in the following countries :
Afghanistan ; South Africa ; Albania ; Algeria ; Andorra ; Angola ; Anguilla ; Antarctica ; Antigua and Barbuda ; Argentina ; Armenia ; Aruba ; Australia ; Azerbaijan ; Austria ; Bahamas ; Bahrain ; Bangladesh ; Barbados ; Belgium ; Belize ; Benin ; Bermuda ; Bhutan ; Belarus, Bolivia ; Bosnia Herzegovina ; Botswana ; Brazil ; Brunei Darussalam ; Bulgaria ; Burkina Faso ; Burundi ; Cambodia ; Cameroon ; Canada ; Cap verde ; Central African Republic ; Chad ; Chile ; China ; Colombia ; Congo ; Costa Rica ; Côte D'Ivoire ; Croatia ; Cuba ; Curacao ; Czech Republic ; Denmark ; Djibouti ; Dominican Republic ; Egypt ; United Arab Emirates ; Ecuador ; Eritrea ; Estonia ; Ethiopia ; Finland ; Fiji ; France ; Gabon ; Georgia ; Germany ; Ghana ; Gibraltar ; Greece ; Grenada ; Greenland ; Guadeloupe ; Guam ; Guatemala ; Guernsey ; Guinea ; Guyana ; French Guiana ; Haiti ; Honduras ; Hong Kong ; Hungary ; Ireland ; India ; Indonesia ; Iran ; Iraq ; Iceland ; Israel ; Italy ; Mauritius Island ; Jamaica ; Japan ; Jersey ; Jordan ; Kazakhstan ; Kenya ; Kyrgyzstan ; Kiribati ; Republic of Korea ; Kosovo ; Kuwait ; Laos ; Réunion Island ; Lesotho ; Latvia ; Liechtenstein ; Lebanon ; Liberia ; Libya ; Lithuania ; Luxembourg ; Macau ; Macedonia ; Madagascar ; Malaysia, Malawi ; Maldives ; Mali ; Malta ; Morocco ; Martinique ; Mauritius ; Mauritania ; Mayotte ; Mexico ; Micronesia ; Moldova ; Monaco ; Mongolia ; Montenegro; Montserrat; Mozambique; Myanmar; Namibia; Nauru; Nepal; Netherlands ; Nicaragua; Niger ; Nigeria ; Niou ; Norway ; New Caledonia ; New Zealand ; Oman ; Pakistan; Palau; Palestine; Panama; Papua New Guinea; Peru ; Philippines ; Pitcairn ; Poland ; French Polynesia ; Portugal ; Puerto Rico ; Qatar ; Réunion ; Rwanda ; Romania ; Russian Federation ; Saint-Barthélemy ; Saint-Martin ; Saint-Pierre-et-Miquelon ; Saudi Arabia ; Senegal ; Serbia ; Singapore ; Somalia ; Sudan ; Slovakia ; Slovenia ; Spain ; Sri Lanka ; Suriname ; Sweden ; Switzerland ; Syria ; Taiwan, Province of China ; Tanzania ; Thailand ; Togo ; Tunisia ; Turkmenistan ; Turkey ; Uganda ; Ukraine ; United Kingdom ; United States ; Uruguay ; Uzbekistan; Vatican ; Venezuela ; Vietnam ; Yemen ; Zambia ; Zimbabwe.
4.2. PRICE OF PRODUCTS AND ORDER AMOUNT
4.2.1 PRODUCT SALES PRICES
The sales prices of products are those displayed on the Site at the time of purchase.
The sales prices of products are indicated in euros with tax included (VAT + other taxes and in particular tax on videograms if applicable) excluding participation in processing and shipping costs.
Regarding the price of the book, this is established in strict compliance with the Lang Law 81-766 of August 10, 1981.
In the event of any order to a country other than metropolitan Franc, the Customer is the importer of the product(s) concerned. For all products shipped outside the European Union and DOM- TOM, customs duties, other local taxes, import duties or State taxes may be payable. These rights and sums are the responsibility of the Customer and are entirely his /her responsibility both in terms of declarations and payments to the official authorities and/or bodies of the country of importation. The Customer is advised to inquire about these duties with the local authorities of the country of importation of the products.
All orders, regardless of their origin, are payable in Euros.
LUMA Arles reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the prices in operation at the time of the order registration.
4.2.2 ORDER TOTAL
The total price of the order is the final price in euros, all taxes included, processing and shipping costs included. It is included in the order confirmation email and in the electronic invoice as an attachment, which can also be downloaded once the payment has been made or from the account created by the Customer.
The products remain the property of LUMA Arles until payment in full of the price by the Customer.
The Customer places his/her order for one or more products offered for sale in the Shop.
The steps for orders are as follows :
Step 1: The Customer clicks on one of the products offered for sale in the Shop (for example, with regard to entrance tickets, the Customer orders the chosen ticket by clicking on the “Tickets” link). A detailed description of the selected product, its selling price and, if applicable, a reservation time slot appear.
The Customer orders the selected product by clicking on the “Add to cart” link. The Customer can finish his purchases by clicking on “Proceed to checkout” or continue his order by adding other product(s) of his/her choice to the cart.
Step 2: The Customer accesses the details of his/her cart where he /she can modify the selection of products. By clicking on “Continue”, the Customer will access the Delivery/Payment options page depending on the selected product.
Step 3: The Customer creates a customer account or connects to his/her existing account by entering an e-mail address and a password. The creation of the customer account, subject to the legal notices of the website www.luma.org, demands that the necessary information be provided for order processing : first and last name of the Customer, postal address for delivery and/or invoicing, telephone and e-mail address. He/She also has the possibility of proceeding to checkout without creating an account by clicking “proceed without creating an account” while remaining an anonymous user.
Step 4: The information provided is displayed as well as the possible delivery methods, delivery times and the corresponding costs. The Customer reads and agrees to these general conditions of sale, ensuring that all information provided is correct (contact details, delivery address, etc.) and chooses the method of delivery according to the times indicated and the corresponding costs.
In the case of an anonymous Customer, he/she must provide the necessary information to process the order : first and last name (or company name for a professional customer), e-mail address, delivery and/or billing postal address and telephone number (for a payable product) site).
In the case of a Customer holding a customer account, he/she will have the possibility of modifying/adding a delivery address ;
At this stage, the Customer has the option of subscribing to the Luma newsletter.
Step 5: The Customer can enter/modify the billing address and validate the payment method of choice.
Step 6: The Customer is directed to the secure external payment platform and can no longer make changes to the Order.
Step 7: The Customer then makes the online payment for the order by providing his/her bank details (numbers and expiry date of the card) and making a final click. In the event of refusal of payment by the banking institution, the order is automatically canceled. Any order validated by the Customer on the “Order Summary” page constitutes an irrevocable acceptance which can only be called into questions in the case limitedly provided for in article 11 (exercise of the “Right of withdrawal”) of these General Conditions.
Step 8: The Customer views the order summary and can download the invoice and/or the entrance ticket (if applicable). If the product requires, the Customer must first fill in the additional information required for the issuance of the ticket and/or invoice (e.g. first and last name to be entered in the event of a nominative ticket)
Step 9: The Customer receives an order confirmation email. This email will contain a download link via which the tickets and/or invoice may once again be downloaded. If he/she has a customer account, he/she can download the invoice from the personal space.
4.4. ORDER CONFIRMATION
The contractual information is presented in French and is subject to confirmation by e-mail. This e-mail will contain a download link via which this tickets and/or invoice may once again be downloaded : Date et heure de la commande,
Date and time of the order,
Essential characteristics of the product(s) sold,
Total amount of the order and payment method chosen by the Customer,
Link to downloadable electronic invoice,
For any questions, please contact :
SAS LUMA Arles
Service aux Publics / Pôle Billetterie et Réservations
ZAC du Parc des Ateliers
35 av. Victor Hugo
Reminder of the terms and conditions for exercising the right of withdrawal
Address of the head office of LUMA Arles and its Siret number.
This e-mail constitutes proof of order for the Customer, which LUMA Arles recommends keeping secure.
LUMA Arles reserves the right not to follow up on the order placed by the Customer :
In the event of information from the banking organisation in charge of managing the payment of the order stating the impossibility of using the method of payment retained for completing the order ;
In the event of an order(s) exceeding, by the content or frequency, the needs of an individual and more generally in the event of an abnormal or bad faith request from the Customer.
More generally, in the event of a legitimate reason as provided for in article L122-1 of the Consumer Code.
If it is impossible to execute the order placed by the Customer, LUMA Arles will send an email to inform the Customer.
4.5. SECURE PAYMENT
The Shop is subject to a security system to ensure the confidentiality and security of the data transmitted by the Customer in the Shop.
To this end, LUMA Arles has adopted the SSL encryption process and has reinforced all scrambling and encryption processes to protect all sensitive data related to means of payment as effectively as possible.
4.6. METHOD OF PAYMENT - INVOICE
4.6.1. PAYMENT METHODS
The Customer pays for his/her order by credit card. The accepted cards are the following : CARTE BLEUE / VISA / VISA ELECTRON/ MASTERCARD/ Vpay / MAESTRO / AMERICAN EXPRESS.
By indicating directly in the field provided for this purpose, the card number without spaces between the digits, its expiry date, as well as its security code.
It is specified that the payment card number appears in its entirety when entering it into the field, but that only the last 5 digits are visible in the Customer’s account, the others being hidden for security reasons.
The security code is the number on the back of the credit card.
It increases the security of online payments. Payment is made exclusively in euros.
4.6.2. PAYMENT TRANSACTION
The card is debited when the transaction is placed. The Customer guarantees to LUMA Arles that he/she has the necessary authorisations to use the payment method chosen.
In the case of refusal of the card used by the payment center, the order is automatically cancelled.
The Customer is invited to print the proof of the transaction which will be displayed on the screen after successful payment of the order.
The electronic invoice can be edited directly on the site via a download link included in the order confirmation email. For Customers with a Customer Account, the invoice can also be downloaded for printing from their Customer Account and remains accessible on the Customer Account, in the “Order History” section.
4.7. ANTI-FRAUD INSPECTION
4.7.1. In order to optimise the security of payments, or in the event of a risk of fraud, additional proof may be requested for any order to verify the identity of the holder of the bank card or check (photocopy of the national identity card or photocopy of passport…).
In addition, for an order with a delivery address different for the billing address, LUMA Arles reserves the right to contact the two persons named (person named for the billing address as well as the one named for the delivery address).
As part of these procedures, LUMA Arles or any person authorised by the organisation, also reserves the right to request from the Customer the documents necessary for the execution of the order : proof of address and name of the Customer, but also that of the person indicated for delivery. These requests will be made by e-mail and/or post with acknowledgement of receipt.
4.7.2 LUMA Arles, in collaboration with OGONE (Ingenico), verifies all orders by credit card that have been validated on its Site. OGONE specialises in the protection of consumer online purchases and the detection of risky payments for the merchant.
The OGONE inspections represent an undeniable mark of transparency on the quality of e-commerce sites and an additional guarantee of security for all customers.
These inspections aim to protect Customers and LUMA Arles from abusive practices operated by fraudsters.
Their purpose is to protect customers against any fraudulent use of bankcards. The supporting documents requested make it possible to certify that the person to whom the bank card belongs is indeed the person who placed the order : OGONE therefore ensures that the Customer is indeed the owner of the bank card used for the payment of the order and the postal address is exact.
As part of this inspection procedure, information relating to the Customer’s order is subject to automated data processing for which OGONE is responsible. For more details, see below Article 15 Protection of personal data.
4.7.3. LUMA Arles reserves the right to cancel or suspend any order or delivery in the event of non-payment by the Customer, in the event of a payment incident, or in the event of attempted fraud or fraud relating to the use of the internet Site.
The items ordered are delivered to their recipient under the following conditions :
The products are delivered to the delivery address indicated by the Customer during the ordering process in accordance with article 5 above. In the event of items deliverable on different dates according to their availability, LUMA Arles reserves the right to divide the shipment. In this case, participation in processing and shipping costs will only be charged for a single shipment.
The average delivery time noted for mainland France is 3 days, after order registration.
In the event of a delay in shipment, an e-mail is sent by LUMA Arles to the Customer. In any case, in accordance with the legal provisions, in the event of a delay of more than 30 days after the date of purchase, the Customer has the possibility of canceling the order by registered letter with acknowledgement of receipt or by any other written notice on a reliable medium (e-mail).
In this case, if the product has been received after the Customer has canceled the order, Luma /Arles will refund the product on the basis of proof provided by the Customer from La Poste or the mail carrier, on receipt of the product by LUMA Arles, whole and in its original condition. The Customer will attach a document to the return package justifying the amount of the return costs.
If the product has been received by the Customer after the cancellation of the order, he/she must return the product to LUMA Arles whole and its original condition and provide proof from La Poste or the mail carrier. The Customer will attach a document to the return package justifying the amount of the return costs. Upon receipt of the product, LUMA Arles may issue a refund.
The Customer is required to notify the carrier and LUMA Arles of any reservations about the delivered product (damaged package, already opened, etc.). In this case, the Customer may possibly benefit from an exchange or reimbursement of the product delivered under the conditions specified in the previous paragraph.
The amount of the applicable shipping costs, specified at the time of placing the order, is calculated according to the weight of the package and the delivery area.
Details of the prices for sending a catalogue in France and abroad:
FRANCE EUROPE OUTSIDE EUROPE
Poids jusqu'à (g) COLISSIMO FEDEX COLISSIMO FEDEX COLISSIMO FEDEX
500 6 € 46 € 12 € 87 € 22 € 154 €
1000 8 € 46 € 15 € 87 € 24 € 154 €
2000 9 € 48 € 17 € 108 € 33 € 192 €
3000 10 € 51 € 18 € 127 € 43 € 218 €
4000 10 € 54 € 20 € 144 € 49 € 230 €
5000 11 € 57 € 25 € 162 € 52 € 243 €
6000 12 € 60 € 28 € 178 € 67 € 257 €
7000 13 € 63 € 32 € 193 € 77 € 272 €
8000 14 € 66 € 36 € 209 € 85 € 286 €
9000 15 € 69 € 39 € 225 € 89 € 300 €
10000 15 € 72 € 42 € 241 € 93 € 314 €
15000 20 € 82 € 57 € 288 € 137 € 380 €
20000 24 € 92 € 67 € 398 € 150 € 423 €
25000 28 € 99 € 80 € 398 € 192 € 423 €
30000 32 € 105 € 93 € 404 € 221 € 450 €
The countries subject to Europe pricing are as follows:
Albania ; Andorra ; Austria ; Belgium ; Belarus ; Bosnia-Herzegovina ; Bulgaria ; Cyprus ; Croatia ; Denmark ; ; Estonia ; Faroe Islands ; Finland ; Germany ; Gibraltar ; Greece ; Greenland ; Hungary ; Ireland ; Iceland ; Italy ; Latvia ; Liechtenstein ; Lithuania ; Luxembourg ; Macedonia ; Malta ; Moldova ; Montenegro ; Netherlands ; Norway ; Poland ; Portugal ; Romania ; Russia ; San Marino ; Serbia ; Slovakia ; Slovenia ; Spain ; Sweden ; Switzerland ; Turkey ; Ukraine ; United Kingdom ; Vatican
4.8.2. FOLLOW-UP AND RECEIPT OF THE ORDER
The Customer is informed of the dispatch of the order by e-mail.
The Customer agrees to receive the products ordered at the delivery address appearing on the order confirmation e-mail.
In the event of the Customer’s absence, he/she has a period indicated by the postal carrier to receive the package.
Attention - In the event of non-collection within the time limits, the products will be returned to LUMA Arles, which reserves the right to refund the amount of the order, excluding delivery costs which will remain the responsibility of the Customer.
4.8.3. REIMBURSEMENT IN CASE OF LATE DELIVERY OR NON-COMPLIANCE OF THE PRODUCT
In the case of a refund request for a late delivery of more than 30 days or a defective item and after notifying Customer Service, the Customer has 14 business days (from the delivery or collection of the parcel) to return its contents accompanied by an Individual Bank Number which will allow LUMA Arles to re-credit the Customer’s account.
The return address is indicated on the return form : LUMA Arles SAS
Service aux Publics / Pôle Billetterie et Réservations
ZAC du Parc des Ateliers
35 av. Victor Hugo
13200 Arles CS40015
Refunds of products are made at the latest within fourteen days of the date on which the right was exercised.
Reimbursement is made on behalf of LUMA Arles by crediting the Customer’s bank account.
4.9. RIGHT TO WITHDRAWAL
4.9.1. TIME LIMIT
In accordance with the provisions of Article L. 121-21 of the Consumer Code, the Customer has a period of 14 business days from receipt of the item ordered to express his desire to exercise his right of withdrawal.
The period of fourteen days runs from the day :
From the conclusion of the contract for the contracts of the provision of services
From the the receipt of the goods by the Customer or a third party, other than the mail carrier, designated by the Customer, for contracts for the sale of goods and contracts for the provision of services including delivery of goods.
It is stipulated that :
The day on which the contract is concluded or the day of receipt of the goods is not counted in the period mentioned in Article L. 221-18 ;
The period begins at the beginning of the first hour of the first day and ends at the end of the last hour of the last day of the period ;
If this period ends on a Saturday, a Sunday or a holiday or non-business day, it is extended until the first following business day.
In the case of an order relating to several goods delivered separately or in the case of an order for a good composed of multiple parts whose delivery is staggered over a defined period, the period runs from receipt of the last good or bundle or piece.
4.9.2. PROCEDURES FOR EXERCISE OF THE RIGHT OF WITHDRAWAL
To exercise the right of withdrawal, the Customer must send LUMA Arles an e-mail to the address email@example.com or inform the organisation of his/her wish to withdraw.
The withdrawal request must specify the following :
The order number
The date of receipt of the order
The Product(s) subject to the withdrawal
The first and last name and the postal address of the Customer
The e-mail address of the Customer used for the order
From the receipt of the acknowledgement of receipt by e-mail of the communication regarding the decision to withdraw, the Customer must, within a maximum period of 14 days, return the unsuitable product for refund without penalty except for the return costs which remain the responsibility of the Customer.
Returns should be made to :
LUMA Arles SAS
Service aux Publics / Pôle Billetterie et Réservations
ZAC du Parc des Ateliers
35 av. Victor Hugo
With the mention: Return order LUMA Arles online store
The products must be returned in their original packaging, whole, accompanied by an Individual Banking Number, the return form (available on the electronic invoice accessible on the Customer Account) and all possible accessories, instructions for use and documentation, etc., allowing them to be put back on sale. It is specified here that items returned incomplete, broken, damaged or soiled by the Customer cannot be accepted.
4.10. GARANTIES SUR LES PRODUITS
Les produits livrés bénéficient, conformément aux dispositions légales, de la garantie légale de conformité (articles L.211-4 et suiv. du code de la consommation) et de la garantie légale contre les vices cachés (article 1641 du code civil) permettant au Client de renvoyer les produits livrés défectueux ou non conformes dans les conditions prévues par la loi.
Ces garanties légales s’appliquent indépendamment de toute garantie commerciale accordée au Client, le cas échéant.
Lorsque le Client agit en garantie légale de conformité, il :
bénéficie d'un délai de deux (2) ans à compter de la délivrance du Produit pour agir à l’encontre de LUMA Arles ;
peut choisir entre la réparation ou le remplacement du Produit, sous réserve des conditions de coût prévues par l'article L. 211-9 du Code de la Consommation ;
est dispensé de rapporter la preuve de l'existence du défaut de conformité du Produit durant les six (6) mois suivant la délivrance du Produit. Ce délai est porté à vingt-quatre (24) mois à compter du 18 mars 2016, sauf pour les biens d’occasion.
Reproduction des dispositions légales conformément à l'article L. 217-15 du code de la consommation :
Article L217-4 du Code de la Consommation :
« Le vendeur livre un bien conforme au contrat et répond des défauts de conformité existant lors de la délivrance. Il répond également des défauts de conformité résultant de l'emballage, des instructions de montage ou de l'installation lorsque celle-ci a été mise à sa charge par le contrat ou a été réalisée sous sa responsabilité. »
Article L217-5 du Code de la Consommation :
« Le bien est conforme au contrat :
1° S’il est propre à l'usage habituellement attendu d'un bien semblable et, le cas échéant :
s’il correspond à la description donnée par le vendeur et possède les qualités que celui-ci a présentées à l'acheteur sous forme d'échantillon ou de modèle ;
s’il présente les qualités qu'un acheteur peut légitimement attendre eu égard aux déclarations publiques faites par le vendeur, par le producteur ou par son représentant, notamment dans la publicité ou l'étiquetage ;
2° Ou s’il présente les caractéristiques définies d'un commun accord par les parties ou est propre à tout usage spécial recherché par l'acheteur, porté à la connaissance du vendeur et que ce dernier a accepté. »
Article L217-9 du Code de la Consommation :
« En cas de défaut de conformité, l’acheteur choisit entre la réparation et le remplacement du bien. Toutefois, le vendeur peut ne pas procéder à la réparation si ce choix entraîne un coût manifestement disproportionné au regard de l’autre modalité, compte tenu de la valeur du bien ou de l’importance du défaut. Il est alors tenu de procéder, sauf impossibilité, selon la modalité non choisie par l’acheteur. »
Article L217-12 du Code de la Consommation :
« L'action résultant du défaut de conformité se prescrit par deux ans à compter de la délivrance du bien. »
Article L217-16 du Code de la Consommation :
« Lorsque l’acheteur demande au vendeur, pendant le cours de la garantie commerciale qui lui a été consentie lors de l’acquisition ou de la réparation d’un bien meuble, une remise en état couverte par la garantie, toute période d’immobilisation d’au moins 7 jours vient s’ajouter à la durée de la garantie qui restait à courir. Cette période court à compter de la demande d’intervention de l’acheteur ou de la mise à disposition pour réparation du bien en cause, si cette mise à disposition est postérieure à la demande d’intervention. »
Article 1641 du Code Civil :
« Le vendeur est tenu de la garantie à raison des défauts cachés de la chose vendue qui la rendent impropre à l’usage auquel on la destine, ou qui diminuent tellement cet usage, que l’acheteur ne l’aurait pas acquise, ou n’en aurait donné qu’un moindre prix, s’il les avait connus. »
Article 1648 alinéa 1 du Code Civil :
« L'action résultant des vices rédhibitoires doit être intentée par l'acquéreur dans un délai de deux ans à compter de la découverte du vice. »
Toute garantie légale est exclue en cas de mauvaise utilisation, négligence ou défaut d'entretien de la part du Client, comme en cas d'usure normale du produit, d'accident, en cas de fait du Client, ou encore en cas de force majeure telle que définie à l'Article 14 des Conditions générales ;
Toute garantie légale de conformité est exclue si le Client a eu connaissance du défaut de conformité ou ne pouvait l'ignorer au moment de contracter.
Le vice doit être antérieur à la vente et rendre le produit impropre à l'usage auquel il est destiné.
Toute garantie est limitée au remplacement ou au remboursement du(es) produit(s) non conforme(s) ou affecté(s) d'une non-conformité ou d'un vice ;
Afin de faire valoir ses droits, le Client devra, sous peine de déchéance de toute action s'y rapportant, informer LUMA Arles par écrit de l'existence de la non-conformité du(es) produit(s) livré(s) et du vice caché affectant le(s) produit(s) dans un bref délai à compter de sa découverte (en tout état de cause la non-conformité ne peut être invoquée au-delà des deux ans à compter de la date de livraison du produit) ;
Le Service Clients s'engage à remplacer le(s) produit(s) concerné(s), par un produit identique. Si cela se révèle impossible, le Service Clients s'engage à remplacer le(s) produit(s) concerné(s) par un produit de qualité et de prix équivalent, selon les stocks disponibles, ou à rembourser le Client dans un délai maximum de 60 jours. Les frais d'envoi du nouveau produit sont pris en charge par LUMA Arles.