This is a translation provided for convenience. In case of discrepancy, the French version prevails, without prejudice to the mandatory consumer protection rules of your country of residence.
Article 1 – Scope
These General Terms and Conditions of Sale apply to the sale of all Products supplied by CKL, a simplified joint-stock company (SAS) registered with the Paris Trade and Companies Register under number 106 915 457, whose registered office is at 61 rue de Lyon, 75012 Paris, France, through its website lanternevolante.fr (the “Company” or the “Seller”), to customers acting as consumers, i.e. any natural person acting for purposes outside their trade, business, craft or profession (the “Customer”).
Placing an Order implies the Customer’s unreserved acceptance of these Terms, which prevail over any other document (catalogues, advertising, instructions) unless expressly agreed otherwise in advance by the Company.
The Company sells sky lanterns and party items of the TellementHappy® brand.
The Company does not sell Products to minors. Customers under eighteen (18) may only use the Site under the supervision of a parent or guardian.
Photos on the Site are not contractually binding and may differ slightly from the Products, in particular due to screen and camera settings, lighting or the angle of the shot.
The Company may amend these Terms at any time. The Terms applicable are those in force on the date of the Order.
Article 2 – Customer service
The Company’s customer and after-sales service can be reached by email at contact@lanternevolante.fr. Please state your first and last name, the purpose of your request and your Order number. Business enquiries (partnerships, media, contract proposals) should be sent to the same address.
Article 3 – Definitions
- “Customer”: any consumer who has placed an Order.
- “Terms”: these General Terms and Conditions of Sale.
- “Order”: any order placed on the Site for the Products.
- “Basket”: all the Products selected.
- “Products”: the goods offered for sale on the Site. Each Product page states the price, the characteristics, the availability and, where applicable, consumer reviews.
- “Company”: CKL.
- “Site”: the website lanternevolante.fr, owned by the Company.
- “Geographical area of the Offer”: the countries to which the Company offers its Products and delivers Orders, as shown during the Order.
Article 4 – Placing an Order
To place an Order, the Customer selects one or more Products and clicks “Add to basket”. On the Basket page, the Customer checks the details of the Order and can correct any errors. On the checkout page, the Customer enters their contact details and delivery address, chooses the delivery method offered, may enter a promotional code and then chooses a payment method.
A full summary of the Order is displayed before it is confirmed. The Customer is responsible for the accuracy of the information entered.
The sale is concluded when the Customer has accepted these Terms, confirmed the Order by clicking the confirmation button and paid, subject to the right of withdrawal. The date of the Order is the date on which payment of the total price including taxes is received.
Article 5 – Availability
Product offers are valid while they are displayed on the Site and while stocks last. If a Product is unavailable after the Order, the Company informs the Customer by email; the Order is then cancelled and the Company refunds all sums paid no later than thirty (30) days after payment.
Article 6 – Right of withdrawal
The Customer has fourteen (14) days from the day after receipt of the Product to withdraw from the contract, without giving any reason and without penalty. If this period ends on a Saturday, Sunday or public holiday, it is extended to the next working day.
The Customer informs the Company of their decision by email to contact@lanternevolante.fr. The Customer then has fourteen (14) days to return the Product to the Company, using the carrier of their choice, in packaging that protects the Product. The Company recommends a tracked service.
Return costs and risks are borne by the Customer. The Customer is liable for any diminished value of the Product resulting from handling other than what is necessary to establish its nature, characteristics and functioning.
Article 7 – Refunds
In the event of withdrawal, the Customer is refunded all sums paid. The Company confirms by email the receipt and inspection of the returned Product, then refunds the Customer within fourteen (14) days of being informed of the decision to withdraw, using the same means of payment as for the Order.
Exercising the right of withdrawal ends the obligations of the parties, at no cost to the Customer other than the cost of returning the Products. In case of a delayed refund, the Customer may contact the Company at contact@lanternevolante.fr.
Article 8 – Prices
Prices are shown in euros, including all taxes. The total price of the Order includes the price of the Products including taxes and, where applicable, the delivery costs, shown before the Order is confirmed.
The VAT applied is that of the country of delivery, at the applicable rate; the price including taxes displayed is the same whatever the country of delivery. For deliveries outside the European Union, import duties and taxes may be charged by the country of destination and are payable by the Customer.
Products are invoiced at the prices in force on the Site on the date of the Order. Discount codes, promotions and sales cannot be combined. The Company may revise its prices at any time.
Article 9 – Payment
Payment is made in full when the Order is confirmed, by bank card (Visa, Mastercard, American Express) or by the other methods offered at checkout (for example Apple Pay or Google Pay). Payments are processed by the secure payment provider Stripe; card details are encrypted and never accessible to the Company. The card is debited when the Order is confirmed. Cheques are not accepted.
Article 10 – Transfer of ownership and risk
The Customer acquires ownership of the Products ordered upon full payment of the price. The risk of loss or damage passes to the Customer when the Customer, or a third party designated by the Customer other than the carrier offered by the Company, takes physical possession of the Products. Where the Customer entrusts delivery to a carrier other than the one offered by the Company, the risk passes when the Product is handed over to that carrier.
Article 11 – Delivery times
Delivery takes place within the time shown during the Order, except in cases of force majeure. Failing any indication, the Company delivers the Product no later than thirty (30) days after the conclusion of the contract. If delivery does not take place within that time, the Customer may, after requiring the Company to deliver within a reasonable additional period, terminate the contract by registered letter or in writing on another durable medium. The contract is deemed terminated when the Company receives that letter, unless delivery has taken place in the meantime.
Article 12 – Delivery
Delivery is made to the address given by the Customer during the Order, by a carrier, in accordance with its delivery terms. If delivery fails because of an address error by the Customer, re-delivery costs are payable by the Customer. The Customer should check the condition of the parcel on delivery and, in the event of damage or missing items, note reservations with the carrier and inform the Company.
Article 13 – Liability and legal guarantees
The Company is fully liable to the Customer for the proper performance of the Order, including where service providers such as carriers are involved, unless the failure is attributable to the Customer, to the unforeseeable and insurmountable act of a third party or to force majeure.
The Customer benefits from the legal guarantee of conformity (articles L. 217-3 et seq. of the French Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code), in addition to the rights granted by the law of their country of residence.
Legal guarantee of conformity: the Customer has two (2) years from delivery of the Product to act; may request repair or replacement of the Product, subject to the cost conditions provided by law; and does not have to prove the existence of the defect during the twenty-four (24) months following delivery.
Guarantee against hidden defects: the Customer has two (2) years from discovery of the defect to act; may choose between cancellation of the sale and a price reduction; and must prove the hidden defect.
These guarantees do not cover damage resulting from failure to follow the instructions for use or from abnormal storage or use.
If a Product is defective or damaged on receipt, the Customer may choose between a free replacement and a full refund of the price. The request is sent to contact@lanternevolante.fr with the Order number and one or more photos of the Product. Products bought on sale or on promotion are refunded at the price actually paid.
Article 14 – Force majeure
In accordance with article 1218 of the French Civil Code, force majeure suspends performance of the Order. If force majeure lasts more than ninety (90) days, either party may cancel the Order by registered letter with acknowledgement of receipt, without damages, and the Customer is refunded the sums paid.
Article 15 – Intellectual property
The texts, images and graphic elements of the Site, as well as the TellementHappy® brand, are protected. Any reproduction, in whole or in part, without the Company’s written permission is prohibited. The Site may only be used for private purposes.
Article 16 – Personal data
The Company collects the Customer’s data to process and track the Order, manage the customer relationship and, with the Customer’s consent, measure the Site’s audience. The data is only shared with the service providers needed to perform the Order: the payment provider (Stripe), the carriers and the Site’s host (Contabo GmbH, Germany). It is kept for as long as necessary for these purposes and for no more than five (5) years, subject to legal retention obligations.
Under Regulation (EU) 2016/679 (GDPR), the Customer has the right to access, rectify, erase, restrict, object to and port their data, by email to contact@lanternevolante.fr. The Customer may also lodge a complaint with the French data protection authority (CNIL) or the authority of their country.
Article 17 – Reviews and comments
Customers who post a review or comment undertake that it is genuine, does not infringe the rights of third parties and contains no unlawful, defamatory, offensive or obscene content. The Company may remove any content that breaches these rules.
Article 18 – Applicable law and disputes
These Terms are governed by French law, without prejudice to the mandatory, more protective provisions of the law of the consumer’s country of habitual residence.
In the event of a dispute, the Customer first sends a written complaint to the Company. If no solution is found, the Customer may refer the matter free of charge to the Médiateur du e-commerce de la FEVAD (French e-commerce and distance selling federation), 60 rue La Boétie, 75008 Paris, France, www.mediateurfevad.fr, within one year of the written complaint. Mediation is free for the Customer; the cost of any lawyer or expert remains payable by the Customer. Mediation does not prevent the Customer from bringing the matter before the competent courts.
If any clause of these Terms is held invalid, the other clauses remain in force.