TERMS AND CONDITIONS AGREEMENT
Art. 1.- Purpose and field of application:
The general terms and conditions herein (hereafter: « General terms and conditions ») apply to every service provided by Healthy Living S.à r.l.-S, a simplified private limited company, established and headquartered at L-8110 Strassen 29, rue Millewee, registered with the Luxembourg Trade and Companies register under number B 244.022 (hereafter : « the Company »), for the benefit of its individual and/or professional Customers, hereafter referred to.
The General terms and conditions found herein apply to every contract concluded between the company and its Customers in the Grand Duchy of Luxembourg or abroad, regardless of where the services are being provided.
The General terms and conditions herein shall take precedence over possible general or particular conditions of the Customer, as well as over any document, such as flyers, catalogues, adverts, etc. which only bear informative purposes.
Art. 2.- The Customer:
When used within the context of the General terms and Conditions herein, the word « Customer » will stand for any natural or legal person contractually bound to the Company.
The company will consider that the customer is the authorised signatory who signed the order form/negotiation form, the quotation or contract, acknowledging as the case maybe acting under a warrant and within its limits, respectively as a guarantor for the Customer as referred to above.
Art. 3.- Acceptance and opposability:
The Customer declares that he has acquainted himself to the General terms and conditions and has agreed to them by ticking the provided box prior to the implementation of the process of online ordering through the website luxembourgglutenfree.com.
In the absence of any evidence to the contrary, data recorded in the Vendor's computer system serve as proof of every settlement reached with the Customer.
Art. 4. Products:
All products are presented with their name, brand, content, and quantity. The photos of the products are simply indicative since the presentation of the products can sometimes be modified without notice from the manufacturers. The photos, images and other illustrations of the products do not enter the contractual field. Healthy Living S.à r.l.-S nor luxembourgglutenfree.com cannot therefore be held liable in this regard.
The products presented on the site are generally available. However, a product may not be able to be delivered. This missing product will then be deducted from the order and will not be invoiced. In this case an information note will appear on the delivery note. However, we do our best to ensure that most products are always available.
It is important to know that the simple fact of adding a product to the basket does not constitute validation of the order because the product may become unavailable between the time of adding to the basket and the final dispatch of the order by the customer.
Art 5. Price:
The prices indicated on the luxembourgglutenfree.com site are quoted in Euros and include VAT but exclude delivery costs, which will be automatically added (at the cost shown) to the total amount due when the customer views the items in his shopping basket. The prices are valid on the day of consultation of the site. Unless there is a display error, we guarantee the prices indicated. Healthy Living S.à r.l.-S nor luxembourgglutenfree.com cannot be held responsible for a display error.
Art 6 . Username and Password:
The username and password will count as an electronic signature when confirming the order.
The customer is solely responsible for his username and password. Healthy Living S.à r.l.-S nor luxembourgglutenfree.com cannot be held responsible in the event of a loss and / or dishonest use resulting therefrom. In the event of a forgotten password, the client has a function on the site allowing him to find it and / or change it if necessary.
Art 7. Orders:
Any order automatically generates an order confirmation sent by email to the customer's address indicated when registering their contact data.
Healthy Living S.à r.l.-S and luxembourgglutenfree.com reserve the right not to honor an order during a dispute with the customer.
Healthy Living S.à r.l.-S and luxembourgglutenfree.com reserve the right to contact the customer in the case of a large order in order to verify the accuracy of the latter.
Healthy Living S.à r.l.-S and luxembourgglutenfree.com reserve the right to limit the quantities sold to better manage its available stocks and more specifically in the case of drinks packaged per liter or more.
Art 8 . Payment by payment cards:
We make payments available to our Customers via a certified secured payment system which protects against risks of fraud and ensures the confidentiality of card numbers through a cryptology procedure.
We accept VISA and MasterCard as payment cards.
When the order is being payed, the payment card will not be debited, but we will simply ask the bank institutions issuing payment cards for a payment authorisation, as a form of security. Only after the final delivery note is checked on the day of delivery will the payment card be debited.
At the time of ordering and payment by payment card, a request for authorisation towards the bank institutions issuing payment cards is done for the total amount of the order + a safety margin to a maximum of 10%, this, so that we can ensure that possible discrepancies in weight (meat, produce...) are settled.
The order will be accepted by the system only after checking of the payment card. It is the Customer's responsibility to check his payment card and its validity.
Art 9. Delivery:
Delivery is provided by DPD Luxembourg for the entire Grand Duchy of Luxembourg (delivery time 2-3 days) and for outside of the country (will be indicated to you separately after the order). Included are the districts of the city of Luxembourg, its suburbs and all the villages of the Grand Duchy. When registering, the customer will indicate the desired delivery address.
When ordering, the customer indicates the exact place, date and time range of delivery (home, office or other). The goods will then be delivered and / or deposited according to the indications of the customer.
luxembourgglutenfree.com cannot be held responsible for late delivery or non-delivery of all the goods ordered. luxembourgglutenfree.com then undertakes to contact the customer and give him the possibility of postponing or canceling all or part of his order. In the event of a total cancellation due to non-delivery, luxembourgglutenfree.com will then reimburse the full amount of the order.
In the event of an unexpected absence on the part of the client and using the failed delivery notification the driver left, the client can select a new delivery day on www.mydpdparcel.lu. or collect a parcel from a Pickup parcelshop (please refer to the website of DPD Luxembourg for pick up solutions: https://www.dpdwebparcel.lu/en/Receive).
In the event of force majeure and subject to prompt notification to the customer, luxembourgglutenfree.com will be relieved of delivery, without right to compensation for the customer.
Likewise for any force majeure recognized by law, the customer will be relieved of receipt of the scheduled delivery, subject to immediate notification to luxembourgglutenfree.com, without right to compensation for luxembourgglutenfree.com.
In the event of an error in the wording of the recipient's contact details during the initial data entry by the latter, luxembourgglutenfree.com cannot be held responsible for the impossibility in which it could be to deliver the product (s) (s).
Art 10 Complaints:
Healthy Living S.à r.l.-S and luxembourgglutenfree.com cannot be held liable for damages of any kind, whether tangible or intangible, which may result from the improper use of the products sold.
Healthy Living S.à r.l.-S and luxembourgglutenfree.com cannot be held responsible for any deterioration in the quality of products after they have been deposited with the customer.
Healthy Living S.à r.l.-S and luxembourgglutenfree.com keep, for an unlimited period, all exchanges of electronic information relating to sales operations with the customer. This information will serve as proof in the event of a dispute with the client.
Once the period of 24 hours after delivery has passed, the customer will no longer be able to send any complaints, both regarding the conformity of the order and the condition of the products delivered. All deliveries will be deemed to comply with the order.
In the event of a dispute, we will try to find a solution with the client. Otherwise, the dispute will be brought before the competent courts of Luxembourg.
Art 11. Order withdrawal policy:
For non-perishable products only, the Customer has a right of withdrawal which allows him to return them without any obligation to state reasons. This right of withdrawal must be exercised within 14 days of receipt of the goods. Return shipping costs are payable by the buyer. Only non-damaged products in their original packaging shall be refunded or exchanged. The buyer agrees to send a written request for withdrawal by email to email@example.com before returning the goods.
Art 12. Intellectual property:
It is strictly prohibited to reproduce all or part of this site, in the Grand Duchy of Luxembourg or abroad, given the legal provisions in force relative to intellectual and artistic property. Any commercial use of this site is illegal and will result in court proceedings before ad hoc tribunals.
Art. 13 Protection of personal data:
Healthy Living S.à r.l.-S undertakes to observe the laws and regulations governing the protection of personal data, including regulation EU 2016/679 from the Parliament and Council of 27 April 2016 on the protection of natural people with regard to the processing of personal data and on the free movement of such data (GDPR) as well as any other applicable national laws or regulations governing the treatment of such personal data.
The Customer formally autorizes Healthy Living S.à rl to collect, store and process his personal data. Such data will be integrated in Healthy Living S.à r.l data base and will be used for billing purposes, processing orders and drawing up statistics. The Customer has access to his personal data by sending an email to firstname.lastname@example.org.
He also has a right to request amending, updating and deleting his data. Such data will be kept for a duration of 5 years.