General terms and conditions of sale
GENERAL CONDITIONS OF SALE
The GCS define the rights and obligations of the parties in connection with the sale of products via the site. G-Art S.àr.l. (hereinafter referred to as the "site"). These T&Cs govern any sale of products made on the site. The T&Cs are concluded between, on the one hand, G-Art S.àr.l., situated at 4, Letzebuergerstrasse L-5752 Frisange, reachable at the email address info@g-art.lu and by phone at +352 37 10 90, registered in the Luxembourg Trade and Companies Register under number LU B 159331 whose head office is located at 4, Letzebuergerstrasse L-5752 Frisange, hereinafter referred to as the “seller” and, on the other hand, the customer, a natural person placing an order, hereinafter referred to as the “buyer” having the quality of consumer.
These general terms and conditions alone are applicable. In any case, they exclude the general or specific conditions of the customer that the seller would not have expressly accepted in writing. Any order assumes prior consultation and express acceptance of the GCS by the buyer, without this acceptance being conditioned by a handwritten signature on the part of the buyer.
In accordance with the provisions of the law of July 9, 2001 laying down certain rules relating to the legal framework for electronic signatures, the validation of the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature and constitutes proof. of the completeness of the order and of the payment of the sums due in execution of the order.
The products offered for sale are those that appear on the site, with a description of their essential characteristics, on the day and at the time of consultation of the site by the buyer, and within the limits of available stocks. The images and photos of the products on sale are not contractual. The seller uses all reasonable means to display the availability of products in real time on the site, but cannot be held responsible if a product is no longer available to fulfill the order. In case of unavailability of one of the products ordered, the buyer will be informed, and will have the possibility, either to modify his order or to postpone it, or to cancel it, in which case he will be refunded the amount of his order if he has already made payment.
4.1 The price of each product is displayed on the site in euros and includes VAT. This price is valid in the countries for which delivery is possible (see article 9 of these general conditions of sale) and does not include preparation and delivery costs, also payable by the buyer, nor the deduction of any discount or voucher granted to the buyer. The seller reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the purchase price in force at the time of the order.
4.2 When ordering, the buyer agrees to pay, in addition to the purchase price of the products ordered, the preparation and delivery costs (hereinafter the "costs"). These costs vary according to the type and quantity of products ordered, and the delivery method chosen, and include VAT. The buyer can consult the amount of these costs on the product sheets. The seller reserves the right to modify the amount of the costs at any time, but the costs will be invoiced on the basis of the rates in force at the time of the order.
4.3 In case of material error of the company on the price, the company informs the customer who then has the choice to accept the order with revision of the price or to be reimbursed.
5.1 To place an order, the buyer must complete the order form made available to him on the site, on which he will include the information necessary for his identification and in particular his surname, first name and delivery address. The buyer declares to fully and unreservedly accept all of these GCS and undertakes to pay the full amount due. The seller cannot be held responsible for the consequences of the communication of the customer with erroneous information.
5.2 The buyer chooses one or more items and clicks on "Add to Cart". After this step, the buyer has access to a summary of the items previously chosen by clicking on the "basket". In this tab " basket ", it is also possible to continue shopping by clicking on "continue shopping". After checking his basket and making the necessary changes, the customer clicks on the " commander and inserts their personal information. Following this, the buyer indicates the delivery address as well as the billing address if they differ.
5.3 After having received confirmation of the payment of the order by the banking institution, the seller sends the customer a summary of his order, including in particular the number of his order, the products ordered as well as their price, these general conditions or a link towards them, as well as an indication of the probable execution time of the order. The contract is concluded upon receipt of the order confirmation.
The seller reserves the right to refuse or cancel any order or any delivery in the event of an existing dispute with the buyer, total or partial non-payment of a previous order, refusal to authorize payment by credit from banking organizations or for any other valid reason. In this case, the responsibility of the seller could not, in any case, be engaged.
Payment for purchases is made by credit card such as Visa or Mastercard and by bank card such as “Maestro” or via Paypal.
The right of ownership of the products is transmitted to the customer only after full payment of the order. By way of derogation from article 1583 of the Civil Code, the items sold, delivered or installed remain the exclusive property of the seller until full payment of the invoice.
As long as payment of the sale price has not been made, the customer is prohibited from pawning the items, offering them, or even using them as security in any way whatsoever. It is expressly forbidden for the customer to modify these articles, to make them real estate by incorporation or by destination, to sell them or to dispose of them in any way whatsoever.
The transfer of the burden of risk takes place when the order is fully delivered. The company alone bears the risk of delivery, except where the customer himself chooses a carrier that is not offered by the company.
Delivery is made by the seller only in Luxembourg. Any taxes and import charges are the responsibility of the buyer. Delivery costs in Luxembourg are 5.43 euros. From 69 euros delivery costs are offered to customers.
The order is delivered to the address indicated by the buyer. The seller will make every effort to ensure that the order is shipped to the delivery address within thirty working days following the validation of the order and receipt of payment.
The deliverer will present himself at the delivery address during working days, and will deliver the package(s) to the recipient or to any other person present at the address indicated. In case of absence, a notice will be left at the delivery address. It will then be up to the buyer to contact the delivery person to agree either on a new delivery date to the same address, or on a new delivery date at a new address, or on collection at the post office on closer.
If this is not done within 15 days of the notice left by the delivery person or if the buyer is absent during the new delivery, the order will be automatically returned to the seller, who will contact the buyer to schedule a new delivery of the order.
In this case, additional delivery costs may be charged to the buyer.
Any incorrect delivery address is the buyer's responsibility and may result in additional charges. No delay in delivery may give rise to the payment of damages to the benefit of the buyer. The seller has the right to make partial deliveries. In the event of non-delivery of the goods, any sums paid by the buyer will be refunded.
It is up to the buyer to check the shipments on arrival and to formulate any reservations and complaints that appear justified, or even to refuse the package, if it is likely to have been opened or if it bears traces signs of deterioration. In the event of a complaint following receipt of the order, it is mandatory to send an email to the email address info@g-art.lu, topic "Delivery claim”, supporting photos, within a minimum period of two months after receipt of the order.
In accordance with article VI.47 of the Code of Economic Law, the customer has the possibility of withdrawing from this sales contract without giving any reason within 14 calendar days from the day after receipt of the product.
In the event of withdrawal by the buyer from this contract, except as provided for in article 15 of these GCS, the seller will reimburse all payments received, including delivery costs (except for additional costs arising from the fact that buyer have chosen, where appropriate, a method of delivery other than the less expensive standard delivery method offered by the seller) without undue delay and, in any event, no later than 14 days from the day on which the seller will be informed of your decision to withdraw from this contract.
The seller will make the refund using the same means of payment as the buyer used for the initial transaction, unless a different means was expressly agreed. In any event, this reimbursement will not incur any costs payable by the customer.
The seller reserves the right to defer reimbursement until receipt of the goods or until the customer has provided proof of shipment of the goods.
If the customer wishes to withdraw, he may notify his decision to withdraw from this contract by means of an unambiguous declaration to the following email address: info@g-art.lu
It is also possible to complete and send the model withdrawal form available on the site under the “Right of withdrawal form“
After receipt of the withdrawal decision, the buyer receives an acknowledgment of receipt only in the event that the withdrawal takes place online.
The customer must return or return the goods by post or directly to the premises of the company located 4, Letzebuergerstrasse L-5752 Frisange, with appointment by email or by phone at the following number +352 37 10 90, no later than 14 days after he has communicated his decision to withdraw from this contract.
The direct costs of returning the goods are borne by the customer. Its liability is only engaged with regard to the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this property.
Under Article VI. 53. of the Luxembourg Code of Economic Law, the consumer cannot exercise his right of withdrawal for the supply of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer after the delivery.
The seller is only liable for his fraud and gross negligence. In the event that the customer demonstrates the existence of gross or fraudulent fault on the part of the seller, the damage for which the customer may claim compensation includes only the material damage resulting directly from the fault attributed to the seller, excluding any other damage and may not, in any event, exceed 75% (excluding taxes) of the amount actually paid by the customer in execution of the order.
The customer also acknowledges that the seller is not liable for any direct or indirect damage caused by the products delivered, such as, in particular, loss of profit, increase in overheads, loss of customers, etc.
Finally, it is up to the customer to find out about any restrictions or customs duties imposed by his country concerning the products ordered. The seller cannot therefore be held responsible if the customer has to face any restriction or additional tax to pay because of the policy adopted by his country in this matter.
In accordance with article 1649quater of the Civil Code, the customer who has the quality of consumer also has a legal guarantee of two years for all the defects of conformity which existed during the delivery of the product and which appeared within a period two years from that date. This warranty includes the repair or replacement of the defective product, at no cost to the consumer.
If, however, this repair or replacement proves impossible, disproportionate for the seller or would cause serious inconvenience to the consumer, an appropriate reduction or refund may be offered to the consumer. The seller and the customer may agree to a refund only if the defective products are returned by the latter.
In the event that specific spare parts or accessories necessary for the repair of the product are no longer available from the manufacturer, the seller undertakes to replace or reimburse the goods.
The consumer is required to inform the seller of the existence of the lack of conformity, in writing, within a maximum period of two months from the day on which he noticed the defect, under penalty of forfeiture of his right to claim.
In accordance with articles 1641 to 1643 of the Civil Code, the seller is required to guarantee the products against hidden defects which render the products unfit for the use for which they are intended, or which reduce this use so much that the customer would not have acquired them. or would have paid less if he had known them.
In the event of finding a hidden defect, the customer must act promptly, in accordance with article 1648 of the Civil Code, and will have the choice between returning the product affected by a hidden defect against a total refund, or keep against a partial refund.
The photographs on the site are protected by copyright. Any unauthorized use of any of the photographs constitutes an act of counterfeiting.
In general, the data, the presentation of the site, the texts, the information, the logos, appearing on the site are the property of G-Art S.àr.l. and are protected as such by the provisions of the Luxembourg Code of Economic Law.
All Internet users undertake not to use them and not to allow anyone to use these contents for illegal purposes. Any representation or reproduction, total or partial, permanent or temporary, on a computer and/or paper medium, and by any process whatsoever, of one or other of the elements of the site, without the prior agreement of G-Art S.àr.l. is prohibited, and constitutes an act of counterfeiting, which may result in civil and/or criminal penalties.
The seller cannot be held liable, both contractually and extra-contractually, in the event of non-performance, temporary or definitive, of its obligations when this non-performance results from a case of force majeure or fortuitous event.
In particular, the following events will be considered as cases of force majeure or fortuitous events:
- the total or partial loss or destruction of the seller's computer system or its database when one or other of these events cannot reasonably be attributed directly to the seller and it is not demonstrated that the seller has failed to take reasonable steps to prevent any of these events
- earthquakes
- fires
- flooding
- The epidemics
- acts of war or terrorism
- strikes, declared or not
- lockouts
- blockades
- uprisings and riots
- an interruption in the supply of energy (such as electricity)
- a failure of the Internet network or the data storage system
- a failure of the telecommunications network
- a loss of connectivity to the Internet network or the telecommunications network on which the seller depends
- a fact or a decision of a third party when this decision affects the proper performance of this contract
- any other cause beyond the seller's reasonable control
If, due to circumstances beyond the seller's control, the performance of its obligations cannot be continued or is simply made more onerous or difficult, the seller and the customer undertake to negotiate in good faith and honestly an adaptation of the contractual conditions within a reasonable time with a view to restoring the balance. Failing agreement within a reasonable time, each of the parties may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind whatsoever.
In the event of insolvency of the customer or in the event of unpaid debts, even within the framework of previous contracts between the customer and the seller, the latter is entitled to suspend the performance of its obligations until full reimbursement by the customer of any unpaid debt due to the seller.
In the event of non-performance of its obligations by the customer, the seller may terminate the contract at the exclusive fault of the customer without delay or compensation and, if necessary, may claim from him by any legal means the payment of damages.
The possible illegality or nullity of an article, a paragraph or a provision (or part of an article, a paragraph or a provision) cannot affect in any way the legality of the other articles, paragraphs or provisions of these terms and conditions, nor the remainder of this article, paragraph or provision, unless a contrary intention is evident in the text.
The computerized registers, kept in the computer systems of the seller and its partners, will be considered as proof of the communications, orders and payments made between the parties. The parties accept in the context of their relations the principle of electronic proof (for example: e-mail, backups, etc.).
The T&Cs are subject to Luxembourg law. In the event of a dispute, an amicable solution will be sought before any legal action. The seller and the buyer also have the option of contacting the European dispute resolution platform (https://ec.europa.eu/consumers/odr/main/?event=main.home.selfTest).
In the absence of an amicable settlement, the courts of the judicial district of Luxembourg will have jurisdiction, unless there are mandatory provisions to the contrary.