Terms and Conditions of Sale
Last update: 07 October 2020
Preamble
This website ("Site") belongs to the company Arc Middle East LLC who is, following the case, whether the owner or the authorized licensee of notably all the related intellectual property rights.
Any reproduction, in whole or in part, of the Site is strictly forbidden unless with the prior written authorization of Arc Middle East LLC.
These Terms and Conditions of Sale ("TCS") are entered into between the company Arc Middle East LLC ("AME"), whose registered office is at P.O. Box 3248, Ras Al Khaimah, United Arab Emirates, on the one hand, and the persons wishing to purchase a product via the Site ("User" or "Client"), on the other hand.
The products delivery might solely occur within the United Arab Emirates.
The TCS are applicable to any individual who is not acting for his/her industrial, commercial, artisanal, liberal activities.
AME retains the right to adapt or modify, at any time, its TCS. If a modification occurs, the TCS in force at the time of the purchase order will apply.
TCS Acceptance
The Client recognizes to be informed of these TCS at the time of his/her purchase order and recognizes to expressly accept them with no reserve. The order of a product via the Site implies consequently the acceptance of the TCS with no reserve.
The TCS govern the relationship between AME and the Client and supersede any other terms and conditions.
All purchase orders via the Site by the Client are strictly and only for his/her personal use. The Clients and the end users are not authorized to sell back the items whether in whole or in part.
Photos
The photos and other graphic representations on the Site are for illustration only. However, the delivered products will comply with the products on the Site.
Order
As part of the registration process the Client will need to select a password which is in accordance with AME password policy. The Client is solely responsible for the security of his/her password and account. The Client agrees to notify AME immediately if he/she suspects any unauthorized use of his/her account or access to his/her password.
When placing an order on this Site, the Client states that he/she is over the age of 18 and is legally eligible to enter into binding contracts.
The Site displays confirmation boxes in various sections of the purchase order process that do not allow the order to continue if the information in these sections has not been correctly provided.
To place a purchase order on the Site, the Client will have to clearly identify himself/herself by entering his/her Client code (or a specific Site's username) which is strictly for his/her sole use.
The automatic order recording systems of the Site are considered proof of the nature, content and date of the order.
The Client will place the order for the products on the Site by clicking the "Confirm Order" button at the end of the checkout process. During the checkout process, The Client will be asked to complete his/her payment details. All fields indicated as compulsory must be completed (which includes providing AME with a valid phone number and email address).
AME confirms the approval of the purchase order by sending an email to the Client at the email address given by this latter. However, neither completion of the online checkout process nor AME confirmatory email constitute AME acceptance of the Client's order. Acceptance of the Client's order will take place only upon receipt of full payment from the Client.
The Client can review the orders he/she has placed and their current status at any time by visiting the Site.
If the Client detects an error in her/his order after the completion of the payment process, the Client should immediately contact AME Customer Service by email at support@luminarceshop.com.
AME retains the right to cancel any purchase order with a Client with whom a litigation or a claim related to an unpaid purchase order is existing provided a prior notice sent to the Client.
The information given by the Client at the time of the purchase order binds this latter. In case of an error, notably regarding his/her contact details, AME shall not be held liable in terms of delivery errors and/or non delivery.
Any purchase order implies the acceptance of the price and characteristics of the product on sale.
Products sold are limited to products in stock at the time of the purchase order.
In case of unavailability of a product, the website page of the concerned product will mention that the product is out of stock.
AME shall not be liable to the Client or to any third party for removing any product from the Site, or for removing or modifying any material or content from the Site.
Delivery
Provided the products are in stock, delivery of the ordered products is made within 10 days maximum. The delivery date or times provided are average delivery date or times that do not bind AME. AME will inform the Client about the delivery date or time period at the time of the purchase order and this information will be then confirmed by email with the purchase order confirmation.
The delivery will be handled by a carrier chosen by AME. Shall the Client be absent at the time of the delivery, the carrier will notify its visit as well as the package availability time period within its nearest place of business.
For any purchase order that shall be delivered, and whose weight exceeds 20 kg, the products will be palletized and dispatched via a freight forwarder chosen by AME. The delivery timeslot is fixed and cannot be adapted to the Client's wish. The delivery timeslot is spread from 8 a.m. to 6 p.m., from Sunday to Thursday. At the time of the purchase order confirmation, AME Customer Service will contact the Client to set with this latter the date of delivery. If the Client is absent when the delivery is taking place, the carrier will notify the Client of its visit and also leave the carrier contact phone number to enable the Client to contact the carrier in order to set a new delivery date or time period.
In case of late delivery in non-compliance with the date or time period initially confirmed, provided this does not result from a Force Majeure event, the Client will have the option to cancel his/her order. If such is the case, AME will promptly reimburse the Client of any paid sum with the exclusion of any other expenses. Are notably considered as Force Majeure events, war, insurrection, fire, strike, accidents, epidemics, pandemics, quarantine or similar restrictive measures, and impossibility to be supplied.
For the purpose of these TCS, "delivery" shall be understood to have taken place as soon as the Client or a third party indicated by the Client acquires physical possession of the products, which will be evidenced by the signing of the receipt of the order at the delivery address indicated by the Client.
In case of apparent defects of the delivered products, the Client has the right to send back the products according to the provisions of the TCS.
The recipient supports all the risks regarding the products carrying. The Client shall always check upon receipt the delivered package of products. The Client has 48 hours to notify a claim to the carrier. Shall the Client accept the delivery and then notice that the products are damaged, the Client shall contact AME Customer Service within 48 hours as from the delivery time in order to notify a written claim.
Any replacement of a damaged product can only occur provided a photo of the damaged product is sent. For any question, the Client shall contact AME Customer Service at the following telephone number 072051000 (this number is not an overcharged telephone number) or by email at support@luminarceshop.com.
Due to products availability, a purchase order may not be delivered once in whole but in several deliveries with no additional charge for the Client. Shall the Client wish to be delivered in two different places, the Client shall proceed to a purchase order per delivery place and support all the related costs and expenses.
To follow up the purchase order process, the Client can check on-line on the Site his/her order or contact AME Customer Service by email at support@luminarceshop.com.
Returns and refunds
The Client may return the products within 14 days maximum as from the delivery of the products. However, products which are personalized to the Client's order cannot be returned, except if they are not compliant with the order.
In case of an exchange or a reimbursement request, the Client shall send back the products in their original packaging, undamaged with all their accessories, if any, use guide, documents and purchase proof at the following address:
Arc Middle East LLC
Attn. Customer Service
P.O. Box 3248
Ras Al Khaima
United Arab Emirates
The Client must take reasonable care of any products that he/she wishes to return and not use them.
AME will not be responsible for any loss or damage caused to the products during their possession by the Client and may reject the request to return, exchange or refund.
The expenses related to the return of the products shall be supported by AME and are identical to those paid at the time of the purchase order.
In case of return of the products, AME will reimburse the Client, free of charge, of all the sums paid, except the expenses related to the return of the products. The reimbursement shall occur within 14 days as from the receipt of the products by AME using the same means of payment as the Client used for the initial transaction, unless agreed otherwise.
In the case of faulty, damaged or incorrectly supplied goods, AME may offer the Client a substitute or replacement product instead of a refund. In any case, the Client must return the faulty, damaged or incorrect products to AME in the same condition as supplied.
It is understood that the products are in conformity with these TCS if they: (i) comply with the description given by AME and possess the qualities that have been presented in the Site; (ii) are fit for the purposes for which goods of this kind are normally used; (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected. To the extent permitted by law, AME excludes all warranties, except those that may not be excluded legitimately.
Price
Our product prices are stated in AED.
Prices mentioned on the products website pages do not include delivery fees. AME retains the right to modify the products' prices at any time. However, the price mentioned at the time of the purchase order will remain unchanged and will be charged to the Client.
The price mentioned in the purchase order confirmation is final. It includes all taxes, VAT included. The price comprehends the products' prices, logistic, packaging, maintenance and transport fees.
Although AME makes every effort to ensure that the prices featured on the Site are correct, error may occur. If AME discovers an error in the price of any of the products that the Client have ordered, AME will inform the Client as soon as possible and gives the Client the option of confirming his/her order at the correct price or cancelling it. If AME is unable to contact the Client, the order will be deemed cancelled and all amounts paid will be reimbursed to the Client in full.
Promotional Offers
From time to time, AME may make available promotional offers on the Site and in such cases specific terms and conditions will apply. Such offers may be time-limited and orders may not qualify if they have not been fully processed by the Client within the stated time period. Offers may not be combined with other promotions, offers and voucher codes unless otherwise specifically stated. AME reserves the right to amend or terminate a promotion at any time without notice.
Payment Terms
The price paid by the Client is the price mentioned on the purchase order confirmation notified by AME.
The price shall be paid in full at the time of the order.
The price shall be paid by credit card/ debit card.
The following credit cards are accepted: Visa, Mastercard.
To ensure the security of your payments, we use "Paypal" and "Paytab".
Secured payment with Paytab and Paypal: with this system, your payment is made directly to our bank account from your bank within a secured environment.
The Client's purchase order will only be deemed as final once the banks payment centers will have confirmed their agreement. In case of refusal by them, the purchase order will be automatically cancelled and a notification will be sent to the Client by email.
All purchase order confirmation will be notified to the Client after payment confirmation. The Client will also be notified of any purchase order refusal along with the reasons of such refusal.
Disputes
AME cannot be held liable for any damage, whatsoever, resulting from a malfunctioning or a misuse of the products. The liability of AME will be, in any case, limited to the purchase order's price. The liability of AME cannot be raised in case of a simple error or omission that could have persisted despite all the precaution taken in respect to the products' presentation.
For any issue, the Client shall contact AME Customer Service in order to find an amicable settlement before initiating legal proceedings.
Customer Service
AME Customer Service can be contacted:
From Sunday to Thursday, between 8:30 a.m. and 5:30 p.m., by phone: 072051000
By email at: support@luminarceshop.com
By mail at: Arc Middle East LLC - Att. Customer Service - P.O. Box 3248 - Ras Al Khaimah - United Arab Emirates
Personal Data Protection
Keen to ensure the best level of protection for your personal data, AME undertakes to take all measures necessary to process internet Users’ personal data in accordance with the provisions of U.A.E. as regards personal data, and those of Regulation (EU) 2016/679 of 27 April 2016 on data protection, as amended from time to time.
An explanation of your rights and comprehensive information on how your personal data is processed by AME or by Arc Group is freely available under our Privacy and Security Policy
For any further questions or requests about the processing of your data by AME or by Arc Group, you can send an email to our Data Protection Officer (DPO) at: DPO@arc-intl.com, or send a mail to:
Arc Management & Services
Attn.: The Data Protection Officer
104 avenue du Général de Gaulle
62510 Arques
France
Intellectual Property Rights
Unless otherwise stipulated, intellectual property rights over documents, images, and all content of any kind present on the Site is the exclusive property of Arc Group related entity, which does not grant any kind of license or right other than the right to use the website. In particular, trademarks, designs and other intellectual property rights mentioned on the website are the property of the relevant Arc Group entity. Any representation or reproduction of this website in whole or in part by any method whatsoever without prior written permission from AME is prohibited and may result in legal proceedings.
AME may provide the functionality to allow the Client to provide products ratings and reviews (“User Content”) in relation to the products. If so, the Client is solely responsible for such User Content, and the Client warrants that any User Content he/she post is accurate and that he/she is the sole author. AME does not necessarily review User Content prior to it being posting and it may not reflect AME views or opinions. The Client hereby assigns to AME all intellectual property rights in any User Content you post on the Site. AME makes no warranty as to the accuracy or reliability of such User Content. AME reserves the right to remove User Content which in our sole opinion is deemed to be incorrect, offensive, illegal or otherwise unacceptable. User Content which provides negative reviews of products will generally be deemed acceptable when objective, not otherwise in breach of these TCS and posted by a verified Client.
Economic Sanctions Compliance – Anti-corruption
AME sale of goods and services ("Products") through the Site is conditioned on the Client's compliance with all applicable anti-bribery or anti-corruption laws or regulations, and all export control and economic sanctions laws and regulations including without limitation sanctions imposed by the UN, EU and OFAC as well as any relevant national sanctions legislation ("Sanctions Laws") in connection with the use, sale, transfer and/or servicing of AME's Products.
By accepting the Products, the Client represents, warrants and undertakes that:
- it has complied and will comply with applicable Sanctions Laws in connection with the Products and, including without limitation, that the Client has not sold and will not sell, resell or otherwise transfer the Products, directly or indirectly, for delivery to or through Iran, Syria, Sudan, North Korea, Cuba and/or the region of Crimea of Ukraine/Russia, or for carriage, distribution or use by any designated person, entity or vessel under any Sanctions Laws targeting Iran, Syria, Sudan, North Korea, Cuba and/or the region of Crimea of Ukraine/Russia (including individuals or entities which are residents or have an address in those countries or which are incorporated according to the laws of those jurisdictions);
- it is not and will not be identified on any list of prohibited parties maintained by the Sanctions Laws, including the List of Specially Designated Nationals and Blocked Persons (the “SDN List”), the Foreign Sanctions Evaders List (the “FSE List”), the Sectoral Sanctions Identifications List (the “SSI List”), the Consolidated List of Persons, Groups and Entities Subject to E.U. Financial Sanctions, and/or the Consolidated United Nations Security Council Sanctions List; and/
- it is not and will not be an entity which is controlled by or acting on behalf of a person or persons identified in (i) or (ii) or in which a person or persons identified in (i) or (ii) owns, directly or indirectly, a 50% or greater interest, individually or in the aggregate.
The Client undertakes to promptly report any breach to AME.
Law – Jurisdiction
The TCS are governed by the laws of Ras Al Khaimah and the laws of U.A.E applicable thereto.
Before any legal proceedings, the Client is invited to notify his/her claim to AME Customer Service whether by email at: support@luminarceshop.com, or by mail at:
Arc Middle East LLC
Attn. Customer Service
P.O. Box 3248
Ras Al Khaimah
United Arab Emirates
The attribution of competence in the event of litigation, and in the absence of amicable settlement between the parties, is given to the competent courts.
Miscellaneous
AME will contact the Client by email or will provide information by posting alerts on the Site. The Client agrees to use this electronic means of communication and accepts that all contracts, notifications, information or other communication that AME sends to the Client electronically complies with the legal requirements of providing it in writing.
These TCS set out the entire agreement between the Client and AME and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
If the Client breaches these TCS and AME takes no immediate action, this does not mean that AME will not be entitled to assert AME rights and remedies at a later date.
Each provision of these TCS shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.