General Terms and Conditions
J&K Vira SARL is the publisher and administrator of the e-commerce plateform www.kluxembourg.lu.
These general terms and conditions of sale govern all contracts concluded from the website accessible at the URL address: http://www.kluxembourg.lu.
They are concluded between :
KLuxembourg.lu, on the one hand, and the private, non-professional customer, on the other hand. The client and KLuxembourg.lu will be referred to collectively as the parties.
These General Terms and Conditions of Sale are deemed to be subject to the regulations in force for this particular activity.
Any order placed on the www.kluxembourg.lu website implies the customer's unreserved acceptance of these general terms and conditions of sale.
The language of these general terms and conditions of sale is French.
ARTICLE 1: DEFINITIONS
The terms mentioned below have the following meaning in these general terms and conditions of sale:
- • Products: shall designate all Products available on the website http://www.kluxembourg.lu.
- • http://www.kluxembourg.lu: refers to the e-commerce site accessible at the address http://www.kluxembourg.lu, which includes all the hosted web pages and products offered to customers.
- • Client: means the co-contractor of KLuxembourg.lu who guarantees to have the status of private consumer as defined by Luxembourg law and jurisprudence.
- • General Terms and Conditions of Sale or GCS: means the present contract deemed to have been accepted by the parties.
- • Delivery: delivery is considered to be made from the date of the first presentation of the products to the delivery address given by the customer when placing the order.
ARTICLE 2 : OBJECT OF THE CONTRACT
The purpose of these GTC is to set out the contractual provisions relating to the respective rights and obligations of the parties within the framework of the sale of products carried out on http://www.kluxembourg.lu.
ARTICLE 3 : MODIFICATION OF THE CGS
KLuxembourg.lu may modify these GTC at any time. The customer will be informed of the nature of these modifications as soon as they are put online on the www.kluxembourg.lu website.
The changes will come into force 30 days after they are put online on the site.
ARTICLE 4 : PRODUCTS ON OFFER
The products ordered and the promotional offers proposed by KLuxembourg.lu on its website www.kluxembourg.lu are only valid while stocks last.
In order to guarantee the maximum availability of the products put online, KLuxembourg.lu updates the stocks automatically several times a day. Despite these precautions, it may happen that a product is no longer available. During the validation of an order by the customer, KLuxembourg.lu reserves the right to validate or refuse all or part of the order within a maximum of 24 working hours depending on the stocks available at the time.
ARTICLE 5 : PRICE
All our prices are indicated in euros, all taxes included (TTC), and are ex warehouse, packed and wrapped by us.
Shipping costs are to be borne by the purchaser.
Any customs charges that may be requested from the Customer by the authorities of his place of delivery are not included in our prices and the Customer must make it his own business. The prices of the products take into account the VAT applicable on the day of the conclusion of the contract. Any change in the rate may be passed on to the price of the products.
All orders placed on the www.kluxembourg.lu website are payable at the time of order.
ARTICLE 6 : ORDER
The customer may place an order: On the KLuxembourg.lu website accessible at www.kluxembourg.lu.
The order process is as follows:
The customer consults the products available on the site by browsing through the site's categories, indicated in the menu on all pages. On each page listing the products in a category, the customer can filter the products according to several criteria in order to refine their search with relevance.
The customer can then access the complete record of an item.
When the customer decides to purchase the product, he must click on the "Add to basket" button, after specifying the desired quantity, in order to place the item in his basket. If the quantity chosen is greater than the available stock or the total quantity authorised, a message will warn the customer so that he can correct the quantity to be put in his basket.
The customer can then continue shopping on the site and place several items in the same way in his basket. At any time, the customer can consult the summary of his basket and the provisional total of his purchases by placing the mouse in front of the basket icon located at the top right of the entire site.
When the customer wishes to validate their order, they can consult and modify their basket by clicking on "Basket" or go directly to the first stage of ordering by clicking on "Order", these two buttons being located at the bottom of their basket summary.
If the customer wishes to see the details of the basket and after having checked, modified the quantities and/or deleted one or more articles, the customer then clicks on the "Order" button to access each of the steps:
Choice and validation of the delivery address; Choice and validation of the delivery method, specifying the price of each proposed delivery method; Choice and validation of the chosen payment method; Before proceeding with payment, the customer must definitively validate his order by clicking on the "Validate the order" button and also validate that he has read and adheres to these General Terms and Conditions of Sale.
The customer will be able to view again the details of his order and its total price, correct any errors, before confirming it to express his acceptance.
KLuxembourg.lu reserves ownership of the products until the order has been paid in full, i.e. the price of the order has been collected by KLuxembourg.lu.
KLuxembourg.lu will only bear the risks weighing on the products until their departure from the shop, i.e. by their direct assumption of responsibility by the customer or by the carrier. However, Kluxembourg.lu remains responsible for the packaging and wrapping of the products and the client must notify KLuxembourg.lu within 48 hours by e-mail: firstname.lastname@example.org or by telephone: +352 28 99 80 01 if he notices an error in the contents of the package or any defective product.
ARTICLE 7 : DELIVERY
As indicated in article 5 of these general terms and conditions of sale, our prices include VAT from our warehouse. Shipping and delivery costs are not included in our prices and are at the exclusive charge of the buyer or free of charge depending on the amount of the order.
The products available on the www.kluxembourg.lu website can be delivered to Luxembourg, Germany, Belgium, Metropolitan France and the European Area: Andorra, Austria, Bulgaria, Croatia, Cyprus, Denmark, Spain, Estonia, Finland, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Malta, Norway, Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden, Switzerland.
The financial conditions for the different destinations are also available on the "Delivery methods" page.
The delivery period begins once the order has been fully paid and validated by KLuxembourg.lu.
The customer is obliged to check the conformity of the goods delivered at the time of delivery. Any anomaly concerning the product (damage, missing product in relation to the order form, damaged package, broken or defective products, etc.) must be indicated upon delivery and as soon as possible (3 working days), in accordance with the terms and conditions of article 9 of these GCS.
The products are no longer under the responsibility of KLuxembourg.lu as soon as they are handed over to the buyer or the carrier. However, KLuxembourg.lu remains responsible for the packaging and wrapping of the products as indicated in article 6 of the GCS.
ARTICLE 8 : LEGAL CONFORMITY AND GUARANTEE
For defects of conformity, the client must mention all defects of conformity to KLuxembourg.lu as soon as possible upon delivery, in accordance with article 8 of these Terms and Conditions of Sale, via the website www.kluxembourg.lu from the contact page accessible on the website.
However, this warranty is limited to normal use of the product. If the lack of conformity is proven, the customer can either have the product repaired within 30 days when possible, or replaced.
In the event that the client's choice generates a cost that is manifestly disproportionate in comparison with the other option offered to him, with regard to the value of the product or the importance of the defect found, KLuxembourg.lu reserves the right to opt for the second solution offered.
Similarly, in the event of replacement or repair being impossible, KLuxembourg.lu undertakes to return the price within 14 days in exchange for the customer returning the product to the following address: K Luxembourg, 74 avenue de la Liberté, L-1930 Luxembourg.
KLuxembourg.lu is not liable for apparent defects that the customer could have noticed by himself and of which he could have been convinced.
However, all products benefit from the legal guarantee against hidden defects which render them unfit for the use for which they are intended, or which so diminish this use that the buyer would not have acquired them, or would only have paid a lower price for them, if he had known about them.
In the event of exercising the right of return, under the conditions of this article, the customer must return the product to the above-mentioned address after having obtained the return code for his request by telephone or e-mail: email@example.com. In addition, the customer has an after-sales service that he can contact by telephone: +352 28 99 80 01.
ARTICLE 9 : RIGHT OF WITHDRAWAL
The consumer customer benefits from a cooling-off period of 14 days from receipt of his order. The right of withdrawal does not entail any penalty. To obtain a refund or an exchange, the customer must return the new products (with the delivery note) at his own expense and under his responsibility, in their original packaging, intact, accompanied by all possible accessories (such as and among other instructions for use and documentation) to the following address: K Luxembourg, 74 avenue de la Liberté, L-1930 Luxembourg.
ARTICLE 10 : PROTECTION OF PERSONAL DATA
In the context of the operation of the www.kluxembourg.lu website, Kluxembourg.lu may collect personal data. This data will be processed in accordance with the purposes for which it was collected.
It is recalled that the person whose personal data is processed benefits from the rights of access, rectification and opposition to the processing of his/her personal data.
ARTICLE 11 : RESPONSIBILITY
KLuxembourg.lu may not be held liable in the event of non-performance or poor performance of contractual services attributable to the customer, in particular when the order is entered. KLuxembourg.lu may not be held responsible, or considered to have failed to comply with these conditions, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of the Luxembourg courts and tribunals.
ARTICLE 12 : DISPOSITIONS GÉNÉRALES
Si l’une quelconque des stipulations des présentes CGV venait à être nulle au regard d’une disposition législative ou réglementaire en vigueur ou une décision de justice ayant autorité de la chose jugée, elle sera réputée non écrite mais n’affectera en rien la validité des autres clauses qui demeureront pleinement applicables.
ARTICLE 13 : CONTRACT ARCHIVING
All contracts concluded on our website (data relating to your order and GTCs in force on the day of your order) are archived for a period of 10 years.
ARTICLE 14 : APPLICABLE LAW
The interpretation and execution of these General Terms and Conditions of Sale, as well as all acts that will result from them, are subject exclusively to Luxembourg law. In the event of a dispute arising between the parties concerning the interpretation, execution or termination of the Contract and the services induced, the parties shall endeavour to settle it amicably.
J&K Vira SARL
74 Avenue de la Liberté