General conditions of sale
L’Épicerie S.à.r.l on the one hand, and The natural or legal person purchasing products or services from the seller, hereinafter, “the Buyers” on the other hand.
The purpose of these User T&Cs is to define the conditions under which L’Épicerie S.à.r.l provides Buyers with the technological tools used for the Purchase of the goods and services offered.
To use the Service, the Purchaser must agree to submit to these User T&Cs without restriction or reservation. This acceptance is materialized by a validation click when completing a purchase on the Site.
L’Épicerie S.à.r.l reserves the right to modify these T&Cs. Any subsequent modification will take effect immediately for the online products or services upon their notification to the Buyer and their publication on the Site. They will not apply to transactions in progress at the time of their entry into force.
2. Other Definitions
The term ” Purchases” refers to goods already manufactured or not yet produced, but for which the order has been placed by the Buyer, as well as services, excluding delivery services, which may be purchased by Buyers within the conditions described in these T&Cs.
The term ” Buyer(s)” refers to adult users of the lepicerie.lu site who purchase products or services.
The term ” Price” means the total price of the product or service as indicated on the Site, including the net price excluding VAT, value added tax (“VAT”) and, where applicable, delivery costs. The price elements are indicated in accordance with the legal provisions.
The term ” Delivery Service” means the delivery service.
lepicerie.lu offers Buyers the methods of sale and delivery of the following products:
- The purchase of a product without delivery and to be picked up by the Buyer from the Seller’s store.
- By “Online Order”, understood as the purchase of a delivered product.
3. Buyer’s Obligations
The Buyer undertakes to act in accordance with the obligations defined in these User Terms and to respect the Seller’s general conditions of sale when purchasing.
The Buyer agrees to provide accurate and truthful information regarding its contact and address data, including data for payment processing, and to keep all of its information up to date.
The Buyer who has chosen the collection procedure at the store undertakes to collect them by his own means within a maximum period of three (3) days following payment of the order, unless otherwise specified by the Seller.
4. Order Management
The acceptance of the order by the Seller gives rise to a sales contract between the Seller and the Buyer having as its object:
the purchase with transfer of ownership of one or more products that the Seller is obliged to deliver to the Buyer, with the Buyer’s obligation to pay the agreed Price to the Seller and to accept delivery.
The Buyer is required to pay the Price at the conclusion of the contract and before any delivery of the product or service.
The Seller undertakes to provide the Buyer with an invoice for the price of the order.
The Buyer undertakes to immediately settle the debt due against the Seller.
5. Cancellation of an order
In the event of cancellation of an order, and insofar as such a possibility is offered to the Buyer, the relevant legal provisions apply and the contract between the Buyer and the Seller will be cancelled retroactively.
The Buyer cannot be reimbursed for delivery costs.
The Buyer has a legal guarantee of conformity. In accordance with the legal provisions in force relating to the conformity of the goods to the contract or to hidden defects, defective products (without this being due to the Buyer) or not corresponding to the order will be reimbursed, by the Seller, exchanged or repaired at the option of the Buyer, unless the repair or exchange is impossible or generates disproportionate costs for the Seller. The buyer can also decide to keep the defective product and ask the Seller for a price reduction, unless the Seller offers to exchange or repair the good.
In this context, the products must be returned to the Seller in the state in which they were received with all the elements (accessories, instructions, etc.) in packaging allowing transport in good conditions, the shipping costs will be reimbursed to the Buyer on the basis of the price invoiced and the return costs will be borne by the Seller.
The refund will be made by re-crediting the means of payment used when ordering or by means of a discount voucher on the purchase of another product.
7. Propriété intellectuelle
All texts, comments, works, illustrations, and images reproduced or represented on the Site are strictly reserved under copyright as well as intellectual property, for the entire duration of protection of these rights and for the whole world. Any reproduction or total or partial representation of the Site or of all or part of the elements found on the Site is strictly prohibited.
The corporate names, trademarks and distinctive signs reproduced on the Site are protected under trademark law. The reproduction or representation of all or part of one of the aforementioned signs is strictly prohibited and must be subject to the prior written authorization of the trademark holder. All pictures on the Site have been produced by Aleksander Cano.
8. Protection of personal data
Users’ personal data is processed by L’Épicerie S.à.r.l. in the event of a Purchase by a Buyer. The processing of Users’ personal data is essential for accessing and using the Services. To find out more about the processing of your personal data and your related rights, L’Épicerie S.à.r.l. invites you to consult the Confidentiality and cookie management policy of the lepicerie.lu Platform available on the Site.
9. Modification of the General Conditions
L’Épicerie S.à.r.l. reserves the right to unilaterally modify the General Conditions at any time, in particular in the event of modifications to the Services.
L’Épicerie S.à.r.l. will then inform the Buyer on the Site and on the Checkout page.
10. Partial nullity
If one or more stipulations of the General Conditions are held to be invalid or declared as such pursuant to a law, a regulation or a final decision of a competent jurisdiction, the other stipulations will retain all their force and all their scope.
At any time, the Buyer has the possibility of contacting the Seller, of sending any request or complaint relating to Purchases by using the messaging tool made available within the framework of the Service, in particular to assert its guarantees.
Disputes are settled directly between the Buyer and the Seller
The Buyer and the Seller will make their best efforts to reach an amicable resolution of the dispute.
When the complaints are justified, the declared dispute may give rise either to the return of the product that was the subject of the Purchase, or to reimbursement.
12. Right to retract
In accordance with the legal provisions in force, in the context of a purchase made from a professional Seller, the Buyer has a period of fourteen (14) days from receipt of the product(s) ordered or from the day of the conclusion of the contract with regard to service contracts to exercise, with the said Seller, his right of withdrawal, without having to justify reasons, nor to pay a penalty.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Buyer, unless otherwise indicated. of the Seller.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) in packaging identical to that used during shipment, allowing them to be resold.
Returns must also be accompanied by proof of purchase and a copy of the invoice or purchase delivery note for optimized management.
In accordance with the regulations in force, the right of withdrawal cannot be exercised for certain goods and services listed in article L. 222-9 of the Consumer Code.
The Buyer exercises his right of withdrawal directly from the Seller concerned using
by any means and in particular by e-mail expressing the Buyer’s desire to withdraw without any ambiguity, and mentioning the order concerned by this withdrawal using the contact form made available to him within the framework of the Service.
Once the form or the declaration of withdrawal has been sent to the Seller, the Buyer must return the Product(s) concerned to the Seller within a reasonable time and, at the latest, within fourteen (14) days following the communication to the Seller of the decision of the Buyer to retract.
The Buyer returns the Product(s) to the address indicated by the Seller either in person or by postage.
The Seller will reimburse the sums paid (including delivery costs; at the latest within fourteen (14) days from the date on which the right was exercised with the Seller, using the same means of payment as that used for the order. This refund date may be deferred until the product is recovered.
13. Applicable law – Settlement of disputes
The General Conditions are governed by the law of the Grand Duchy of Luxembourg. Any dispute relating to their interpretation and/or execution falls within the jurisdiction of the Court of the registered office of L’Épicerie S.à.r.l., unless mandatory legal provisions grant the Buyer the jurisdiction of other jurisdictions.
For any delivery outside Luxembourg territory, the application of the law of the Grand Duchy of Luxembourg does not conflict with the mandatory legal provisions, more favourable to consumers, which may exist in another member country of the European Union.
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