General Terms and Conditions of Sale
This English version is provided for convenience; the French version is the legally binding text.
(Version applicable from 01/12/2025)
Table of Contents
- Preamble
- 1. Definitions
- 2. General provisions
- 3. Price
- 4. Offer
- 5. Order
- 6. Payment
- 7. Right of withdrawal
- 8. Performance of the Services
- 9. Liability
- 10. Termination clause
- 11. Intellectual property
- 12. Personal data
- 13. Artificial intelligence
- 14. Website
- 15. Applicable law
- 16. Legal warranties
- 17. Pre-contractual information
- 18. Final provisions
Preamble
The purpose of these General Terms and Conditions of Sale (hereinafter the "General Terms" or "GTC") is to define the conditions of sale of the services of renovation works, interior architecture, site coordination and management, as well as all associated services offered by Lumiera, a brand operated by TRAVORO SAS (hereinafter "Lumiera").
Lumiera acts as a general contractor within the meaning of articles 1792 et seq. of the Civil Code, the Client's sole point of contact for design (2D plans), project management, coordination of partners and the complete performance of the Services, all-inclusive (materials, labour), in accordance with the quotes issued.
Lumiera operates exclusively on renovation works with no impact on the load-bearing structure, and does not provide new construction nor structural modifications to the building.
Lumiera is liable as of right for the legal warranties after acceptance of the works (art. 1792-6 et seq.).
These GTC apply exclusively in the absence of a specific contract signed between the parties, the validation of a quote then constituting full and complete acceptance hereof, to the exclusion of any other indicative document (catalogues, photos).
Article 1 – Definitions
The following terms used in these General Terms and Conditions of Sale have the meaning given below, where they are written with a capital letter:
- Client: any natural person of legal age or legal entity having accepted a quote or placed an order with Lumiera.
- Order: the agreement expressed by the Client on the Service and its price, formalised by the signature of an electronic or paper quote, or by any other written method accepted by Lumiera.
- General Terms and Conditions of Sale / GTC: this document, together with any updates and amendments thereto, applicable to the Services offered by Lumiera.
- Contract: the whole formed by the accepted Order and these General Terms and Conditions of Sale.
- Equipment: equipment, materials, supplies necessary for the performance of the Service, supplied by Lumiera or its partners.
- Partners / Service Providers: subcontractors or collaborators working on the site in the name and on behalf of Lumiera.
- Service: the design, renovation, fit-out, site management and associated services offered by Lumiera and entrusted by the Client.
- Price: the total amount, all taxes included (TTC), indicated in the quote or the Order, including supply, labour and ancillary costs.
- Lumiera: the company TRAVORO SAS, operating the Lumiera brand, responsible for issuing the quote, implementing the Services and coordinating the parties involved.
- Works: the real-estate construction affected by the renovation works, including its equipment elements, as referred to by articles 1792 and 1792-2 of the Civil Code.
- Builder: within the meaning of articles 1792 et seq., any person who designs, directs or carries out the works of a Works, liable as of right for damage compromising solidity or rendering the Works unfit for its purpose.
- Acceptance: the act by which the Client declares it accepts the Works, with or without reservations, the starting point of the legal warranties provided for in articles 1792 et seq.
- Legal construction warranties: the warranty of perfect completion (art. 1792-6), the warranty of proper operation (art. 1792-3) and ten-year liability (art. 1792 and 1792-2), of public order and non-limitable.
Any reference to the singular includes the plural and vice versa.
Article 2 – General provisions relating to the General Terms and Conditions of Sale
2.1 Purpose and scope of application
These GTC govern the services of renovation works, interior architecture, site coordination and management and associated services offered by Lumiera. They apply to all contractual relations between Lumiera and the Client relating to these Services, unless otherwise explicitly provided in a specific contract signed by the parties.
2.2 Conclusion of the Contract
The Contract is concluded upon the Client's signature of the quote issued by Lumiera, materialising its full and complete acceptance of the offer, as well as, where applicable, the payment of the deposit provided for in the quote. This acceptance constitutes full adherence to these GTC, which form an integral part of the Contract.
2.3 Contractual hierarchy
The Contract consists of the signed quote (special conditions), these GTC (general conditions) applicable on the date of Conclusion of the Contract, as well as any amendments. In the event of contradiction, the special conditions prevail in accordance with article 1194 of the Civil Code.
Standard NF P 03-001 relating to private works contracts is applicable by explicit reference.
2.4 Enforceability of the GTC
The GTC are made available to the Client before conclusion of the Contract, in particular by being provided with the quote or communicated on simple request. Signing the quote constitutes acceptance of the GTC in force on the date of the Order.
2.5 Retention and proof
Lumiera retains accounting documents and supporting documents (invoices, quotes) for 10 years, in accordance with the applicable legal and accounting obligations.
The other contractual documents (2D/3D plans, communications, reservations) are also retained for 10 years in order to have all the necessary elements in the event of invoking the ten-year warranty.
These documents are authoritative between the parties in the event of a dispute, save proof to the contrary provided by the Client.
2.6 Independence of clauses
The possible nullity of a clause does not entail the nullity of the Contract as a whole. The fact that Lumiera does not avail itself of a clause does not constitute a waiver of its right to avail itself thereof subsequently.
Article 3 – Price
3.1 Sale price
Prices are established in euros, all taxes included (TTC), and appear on the detailed quote.
They are set by Lumiera according to the nature of the works, the surfaces concerned, the materials selected and the technical constraints identified.
The Price includes, unless expressly stated otherwise, labour, supplies, materials and travel costs.
3.2 Additional costs
No additional cost will be charged without the prior written agreement of the Client (additional works, material changes, options).
These modifications will be subject to a signed amendment or supplementary quote.
3.3 Price evolution
Prices may be revised annually according to the building index - BT01 - All trades for orders with deferred execution of more than 6 months.
For orders in progress, the Price set in the accepted quote remains firm, subject to exceptional variation in raw materials (+10%) justified by Lumiera.
3.4 Annual revision
For any Service whose start is scheduled more than 12 months after acceptance of the quote, the Price will be updated on the effective start date according to the BT 01 index published by INSEE, notified to the Client by addendum at least 30 days beforehand.
Article 4 – Offer
4.1 Scope of the offer
The Services offered by Lumiera are available in the territory specified in the quote (generally: metropolitan France, specified intervention zones) and subject to the availability of teams and partners.
4.2 Period of validity of the offer
The Service offers and quotes are valid during the period indicated on the quote. Failing this, the default duration is 30 calendar days from their issuance.
4.3 Acceptance of the offer
Acceptance of the offer by the Client is materialised by:
- the handwritten or electronic signature of the quote,
- the payment of the deposit mentioned on the quote, where applicable.
This acceptance constitutes a firm commitment for both parties, subject to the general conditions below.
Article 5 – Order
5.1 Client file
The Client provides Lumiera with the information necessary for the management of the Order (name, address, contact details, site details).
This information must be accurate and updated by the Client in the event of a change.
5.2 Order process
The main steps, whose order may vary depending on the projects, are as follows:
- a. Initial request: The Client expresses its request for works by any means of communication, in particular by email, form on the website or via the Lumiera application.
- b. Quote: Lumiera draws up a detailed quote sent to the Client.
- c. Technical visit (if necessary): On-site analysis for technical confirmation.
- d. Validation: Signature of the quote and payment of deposit (if provided for).
- e. Planning: Definition of the dates and terms of intervention.
- f. Execution: Performance according to the quote and the rules of the trade.
- g. Acceptance: Acceptance report with or without reservations.
5.3 Modification of the Order
Any modification requested by the Client after signature is subject to an amendment or supplementary quote approved by both parties.
5.4 Unavailability of performance
In the event of technical impossibility or lack of resources, Lumiera informs the Client and proposes alternative solutions (new intervention date, adaptation of the scope of the works, replacement of materials, etc.).
If the Client does not accept these new conditions, it may waive the works not performed, free of charge, and the sums already paid corresponding to the part not carried out will be refunded within a maximum period of 30 days.
Article 6 – Payment
6.1 Issuance of invoice
An invoice is issued for each Order, according to the scheduled timetable (deposit, intermediate stages, balance). It is sent to the Client electronically or on paper according to its choice.
6.2 Terms and means of payment
Payments are made by bank transfer, bank card or any other means indicated by Lumiera on the invoice or the quote.
The Client must scrupulously comply with the indicated due dates.
6.3 Late payment
Any late payment entails as of right (and in accordance with French legal regulations, L441-6C.Com):
- late-payment interest at the increased legal rate,
- a fixed indemnity of €40 for recovery costs (professional Clients).
Lumiera reserves the right to suspend or defer the performance of the works until regularisation.
6.4 Impossibility of performance due to non-payment
In the event of material or logistical impossibility not attributable to the Client, preventing performance, Lumiera informs the Client. The sums received in respect of the Services not performed are refunded after deduction of the services carried out.
6.5 Terms of payment
Unless otherwise provided on the quote, payment is made according to a standard timetable:
- 30% on signature of the quote (deposit)
- 20% at the opening of the site
- 40% during the works, according to progress
- 5% on acceptance of the site
- 5% after lifting of reservations
The exact due dates are specified in the quote or any other contractual document.
Article 7 – Right of withdrawal (consumer Clients only)
7.1 Principle
Where the Client is a consumer within the meaning of the Consumer Code and the Contract is concluded at a distance or off-premises, it has a right of withdrawal of 14 calendar days from the date of signature of the quote, subject to the legal exceptions applicable to renovation works.
This right of withdrawal does not apply if:
- the quote is signed on the premises of Lumiera or those of its commercial partners, agents, distributors or authorised representatives, regardless of the physical location of those premises;
- the Client signs in the context of an appointment or meeting in the presence of a representative of Lumiera or its commercial partners, whether on the company's premises, those of a partner or in any other place agreed between the parties;
- if the Client is a business or a professional (SCI, SAS, SARL or other), unless a specific commercial clause is provided for in the contract.
7.2 Terms of exercise
To exercise this right, the Client must send Lumiera an unambiguous written declaration (registered letter with acknowledgement of receipt and/or email with acknowledgement) to the contact details indicated on the quote.
A standard withdrawal form may be provided on request.
7.3 Effects of withdrawal
In the event of exercise within the legal time limit:
- Lumiera refunds all sums paid (including the deposit) within 14 days following receipt of the request, by the same means of payment used;
- No penalty may be required of the Client.
7.4 Express waiver of the right of withdrawal
The Client may expressly request that the works begin before the expiry of the legal withdrawal period of 14 days, by any written or electronic means leaving proof (email, registered letter with acknowledgement of receipt).
If the Client requests the start of the works and then exercises its right of withdrawal, it acknowledges that it will remain liable for payment proportional to the works already carried out up to the date of interruption.
Urgent works necessary for the safety of persons or property (water leak, electrical failure, significant damage) are not subject to the right of withdrawal, in accordance with the legal provisions in force.
Article 8 – Performance of the Services
8.1 Supply of the Equipment
Lumiera or its Service Providers supply and install the Equipment necessary for the performance of the Service, in accordance with the quote or with an equivalent of comparable quality in the event of unavailability, after prior notice to the Client.
In the event that the Client itself supplies all or part of the Equipment, or directly purchases materials, equipment or supplies from third-party suppliers, Lumiera may not be held liable for:
- the quality, conformity or durability of these elements;
- their technical suitability with the works carried out;
- delivery delays attributable to the Client's supplier;
- defects, hidden defects or non-conformities affecting these products.
The Client remains solely responsible for the choice, purchase, compatibility and technical characteristics of the Equipment supplied or purchased directly by it.
Lumiera may not be held liable for the technical, aesthetic or functional consequences resulting from the use of this third-party Equipment, nor for any defects or incompatibilities that may result therefrom.
If the use of Equipment supplied by the Client causes technical difficulties, a delay in performance or the need for additional adaptations, Lumiera reserves the right to adjust the performance deadlines and to invoice the additional services made necessary.
8.2 Performance deadlines
The deadlines indicated in the quotes or during planning constitute reasonable estimates. They may be adjusted in the event of events beyond Lumiera's control, such as:
- bad weather,
- technical unforeseen events appearing on the site,
- delivery delays from suppliers,
- unavailability of access to the site.
8.3 Delay attributable to Lumiera
In the event of significant delay exclusively attributable to Lumiera:
- The Client may demand late-payment penalties calculated at the rate of 1/3,000th of the inclusive-of-tax (TTC) amount of the Contract per day of delay, with a cap set at 5% of the total inclusive-of-tax (TTC) amount of the Contract, in accordance with standard NF P 03-001.
- These penalties do not apply in the event of force majeure or fault of the Client.
- After a formal notice that has remained without effect within a period of 90 days, the Client may request the partial or total termination of the Contract.
- The sums paid corresponding to the Services not performed will be refunded within a maximum period of 30 days following the termination.
8.4 Impossibility of performance – Fault of the Client
Lumiera declines all liability in the event of impossibility or difficulties of performance due to:
- an erroneous description provided by the Client,
- a failure of access or of preparation of the premises (non-vacating, absence of authorisation, etc.).
In this case, the costs incurred (travel, lost time, specific equipment) may be invoiced to the Client.
8.5 Conformity and reservations
The Client must formulate its reservations upon acceptance of the works, directly on the acceptance report.
Any reservation identified after acceptance but relating to apparent defects must be reported during the drawing up of the End-of-Site Report / Acceptance Report, which serves as a contradictory record of the services carried out.
In the event of proven non-conformity, Lumiera organises a contradictory visit if necessary and carries out the corrections, repairs or supplements necessary according to the terms provided for in the contract.
Acceptance constitutes the starting point of the legal warranties of public order provided for in articles 1792 et seq. of the Civil Code.
8.6 Site preparation – Obligations of the Client
The Client undertakes to:
- Provide free and secure access to the site during the agreed hours;
- Make available the necessary water, electricity and amenities;
- Obtain all required administrative authorisations (co-ownership, town hall, etc.);
- Protect its property and that of third parties during the performance of the works;
- Inform the neighbours and coordinate common access.
In the event of failure, Lumiera may invoice the additional costs incurred (unnecessary travel, lost time, etc.).
8.7 Subcontracting
Where subcontractors are involved, their main contact details and, where applicable, the schedule and the specifications are communicated to the Client in an annex attached to the quote or the Order. This annex forms an integral part of the Contract for the site concerned.
Article 9 – Liability
9.1 Obligation of means
Lumiera undertakes an obligation of means in the performance of its Services, save mandatory legal provision to the contrary. Its liability may be engaged only in the event of proven fault.
9.2 Limits of liability
Lumiera may not be held liable for:
- damage resulting from abnormal or non-compliant use of the installations by the Client or third parties;
- indirect damage (loss of operation, loss of opportunity, commercial harm, etc.);
- damage related to subsequent interventions by a third party not mandated by Lumiera.
9.3 Mandatory insurance
Lumiera holds Professional Civil Liability insurance and a Ten-Year warranty covering the solidity of the Works and damage to third parties.
The insurance certificates, mentioning the insurer, the policy number and the warranty period (standard model), are provided to the Client on simple request.
9.4 Force majeure
Lumiera is not liable for delays or impossibilities of performance due to a case of force majeure within the meaning of article 1218 of the Civil Code, characterised by its unforeseeable, irresistible and external nature, in particular:
- exceptional bad weather (cyclones, heavy rain, extreme heatwave, storm, flood, etc.);
- strikes, social conflicts internal or external to the companies involved;
- pandemic, epidemic, governmental health measures limiting access to the site;
- natural disasters;
- riots, acts of terrorism, civil unrest or insurrection;
- major shortage of materials or proven national/sectoral supply disruption;
- serious failure of a supplier or subcontractor due to an event external to Lumiera;
- interruption of essential networks (water, electricity, gas, internet) preventing the continuation of the site;
- prohibition of access to the dwelling, court decision, municipal or administrative prohibition;
- impossibility of obtaining the necessary administrative authorisations in time despite normal diligence (permits, co-ownership vote, mandatory diagnostics, etc.);
- any legal or regulatory impediment beyond Lumiera's control.
In the event of occurrence, the performance deadlines are suspended until the impediment ceases, without prejudice to the parties' good-faith obligations to find an amicable solution.
Article 10 – Termination clause
10.1 Automatic termination
In the event of serious breach by the Client of its contractual obligations (in particular non-payment of the scheduled instalments), not remedied within a period of 15 days following formal notice sent by registered letter with acknowledgement of receipt or email with acknowledgement, Lumiera may terminate the Contract as of right without judicial formality.
10.2 Consequences of termination
In the event of termination:
- Lumiera retains the deposits paid as a minimum indemnity for costs incurred, without prejudice to any other damages;
- The works will be stopped immediately;
- The Client will bear the costs of restoring the premises if necessary.
10.3 Formal notice
The formal notice specifies the nature of the breach, the period for regularisation and the consequences in the event of non-performance. It constitutes an express termination clause in accordance with article 1224 of the Civil Code.
Article 11 – Intellectual property
11.1 Protected rights
Lumiera holds full intellectual and industrial property over all creations, drawings, plans, website(s), client application, mock-ups, databases, models, 2D designs, technical drawings, editorial content, images, logos, graphic charter, as well as all documents and media provided in the context of the Services. These elements benefit from the protection conferred by the Intellectual Property Code, international conventions and any other applicable regulations.
11.2 Prohibitions
Without the prior written authorisation of Lumiera, any reproduction, representation, modification, adaptation, translation, exploitation, or distribution, partial or total, of these elements is strictly prohibited. Any violation engages the civil and criminal liability of the offender.
11.3 Assignment of rights
The Client benefits from a right of use, non-exclusive and limited to the documents, plans and the tracking application made available by Lumiera, solely for the needs and the carrying out of the works provided for in the Contract. Any other use, in particular commercial, requires a separate written agreement.
11.4 Ownership of copyright
The plans, studies and graphic works carried out by Lumiera or its service providers retain their quality of works protected by copyright. Delivery to the Client does not constitute an assignment of rights, which remain the exclusive property of Lumiera or the authors.
11.5 Duration and territoriality
The intellectual property rights are protected for the entire legal duration provided for by French law and international conventions, and across all the territories where Lumiera carries out its activities.
Article 12 – Personal data
12.1 Purposes of processing
The personal data collected (surname, first name, address, email, telephone) are used for:
- the management of requests, quotes and Orders;
- invoicing and the monitoring of payments;
- site management and monitoring;
- contractual and commercial communications.
12.2 Legal basis and controller
The processing of personal data by Lumiera is based on three distinct legal bases depending on the situations:
- Legitimate interest: for commercial prospecting before the conclusion of a contract, allowing Lumiera to manage the commercial relationship and offer its services.
- Performance of the contract: where the Client has concluded a contract with Lumiera, the processing is necessary for the carrying out, management and monitoring of the Services.
- Compliance with a legal obligation: after the end of the contract, certain data are retained to meet legal and regulatory obligations (taxation, accounting, warranties, litigation, etc.).
The controller of the personal data is TRAVORO SAS, reachable via the contact details indicated on the quote and on the website, as well as at the address dedicated to data protection: rgpd@lumiera.paris.
12.3 Recipients
The data are transmitted to the Service Providers and Partners necessary for the performance of the Services, under contract guaranteeing their confidentiality.
12.4 Rights of the Client
In accordance with the GDPR (EU Regulation 2016/679), the Client has the rights of access, rectification, objection, erasure, restriction, portability and definition of post-mortem directives. Exercise by email to Lumiera's contact details indicated on the quote.
Lumiera has a response time for the exercise of rights of a minimum of 1 month.
12.5 Retention
Duration: 10 years after the end of the contractual relationship and expiry of the ten-year warranty, or legal duration (taxation, litigation). Secure archiving.
12.6 Security
Lumiera implements appropriate technical and organisational measures to guarantee the security of the data.
Article 13 – Use of artificial intelligence tools
13.1 Right of use
Lumiera reserves the right to use artificial intelligence (AI) tools in the performance of the Services, in particular for the design of 2D plans, the optimisation of planning, technical analysis or any other task contributing to the quality and efficiency of the services offered.
13.2 Transparency
The Client is informed that certain elements of the Services may be assisted or generated by AI systems. Lumiera guarantees that these tools comply with the requirements of the GDPR and the AI Act regarding the protection of personal data and transparency. No personal data of the Client is used for training AI models without an appropriate legal basis.
13.3 Liability
The use of AI tools does not exonerate Lumiera from its contractual obligations of result and quality. Lumiera remains fully liable for the Services carried out, whether or not they involve AI technologies.
13.4 Reservation of rights
The Client expressly acknowledges and accepts the possible use of AI in the context of the Contract. Any dispute relating to the use of these tools will be handled in accordance with the warranty and liability clauses of these GTC.
Article 14 – Use of the website (where applicable)
14.1 Scope of application
These provisions apply where the Client accesses Lumiera's services via its website (lumiera.paris or subdomains), in particular for the online quote request or the consultation of documents.
14.2 Obligations of the Client
The Client undertakes to:
- Provide accurate and complete information when creating an account or requesting a quote;
- Not use the site for illicit purposes or purposes infringing Lumiera's rights;
- Comply with the security measures (passwords, etc.).
14.3 Hyperlinks
Any link to the site requires prior written authorisation from Lumiera; links to third-party sites do not constitute an endorsement of their content. Lumiera declines all liability concerning these sites.
14.4 Technical liability
Lumiera may not be held liable for technical interruptions, viruses or failures beyond its control (suppliers, hosts, etc.).
14.5 Proof and archiving
Electronic exchanges via the site (quotes, validations) have evidentiary value between the parties.
Article 15 – Applicable law, language and territorial jurisdiction
15.1 Applicable law
These General Terms and Conditions of Sale are governed by French law.
15.2 Language
These GTC are drafted in the French language. In the event of translation, only the French version is authoritative in the event of a dispute.
15.3 Territorial jurisdiction
In the event of a dispute not resolved amicably:
- For consumer Clients, jurisdiction belongs to the courts of the place of the defendant's domicile or of the place of performance of the Service, in accordance with the legal and regulatory provisions in force.
- For professional Clients, exclusive jurisdiction of the courts of the jurisdiction of Lumiera's registered office, save mandatory provision to the contrary.
15.4 Mediation
In accordance with article L612-1 of the Consumer Code, the consumer Client has the right to use a consumer mediator free of charge for the amicable resolution of any dispute relating to these GTC.
The contact details of the competent mediator may be communicated to the Client on request.
The parties undertake to collaborate in good faith in the mediation process before any legal action.
Mediation does not have the effect of depriving the parties of the right to refer the matter to the competent court in the event of failure of the mediation.
Article 16 – Legal construction warranties (public order)
16.1 Warranty of perfect completion (art. 1792-6 C. civ.)
Covers, for 1 year from Acceptance, all disorders reported by the Client, including acoustic insulation for the 1st occupant.
16.2 Warranty of proper operation (art. 1792-3 C. civ.)
Covers, for 2 years, the dissociable equipment elements.
16.3 Ten-year liability (art. 1792 and 1792-2 C. civ.)
Liability as of right for 10 years for damage compromising the solidity of the Works or rendering it unfit for its purpose, including certain indissociable equipment.
16.4 Void clauses
Any stipulation excluding or limiting these warranties, providing for deductibles or excluding intangible harm arising from ten-year disorders is deemed unwritten (art. 1792-5 C. civ.).
Article 17 – Pre-contractual information
The Client acknowledges having received, prior to the conclusion of the Contract, all the necessary information in a clear, legible and comprehensible manner, in particular on:
- The essential characteristics of the Services offered;
- The total price or the method of calculating the price;
- Where applicable, the terms of payment, performance and handling of complaints;
- The existence or not of an applicable right of withdrawal;
- The duration of the contract when it is determined.
By signing the quote or validating the Order, the Client expressly attests to having taken note of this information and to accepting it without reservation.
Mandatory legal notice box for consumers (art. D 211-2 C. consom.):
The Client benefits from the legal warranties of builders (art. 1792 et seq. C. civ.).
Article 18 – Final provisions
18.1 Entirety
The Contract constitutes the entirety of the parties' agreement and replaces all prior agreements.
18.2 Partial nullity
The nullity of a clause does not affect the validity of the other stipulations. Clauses contrary to articles 1792 et seq. are deemed unwritten without affecting the rest of the Contract.
18.3 Headings
The headings of the articles are indicative and do not affect interpretation.
Contact
For any question concerning these General Terms and Conditions of Sale, you can contact us at the following address: contact@lumiera.paris or by telephone at 01 86 04 17 19.