GENERAL TERMS AND CONDITIONS OF SALE
The website, https://loxo.lu (the “Website”), is administered by Victor S.à r.l., a private limited liability company (société à responsabilité limitée) established under the laws of the Grand Duchy of Luxembourg, having its registered office at L-7240 BERELDANGE, 7 route de Luxembourg and registered with the Luxembourg Registry of Commerce and Companies (Registre de Commerce et des Sociétés, Luxembourg) under number B 191915 (the “Seller”).
Article 1: Scope
1.1. These general terms and conditions of sale (the “GTCS”) apply to all contracts entered into between a consumer or a professional and the Seller for the products and/or services offered by the Seller through its online store (the “Contract”). These GTCS supersede all conditions imposed by the customer, unless otherwise agreed.
1.2. For the purpose of these GTCS, any natural person acting for purposes outside the scope of his business, industry, craft or profession is considered a consumer (the “Consumer”). The term “professional” used in these GTCS refers to any natural or legal person acting for purposes relating to his business, industry, craft, or profession, including through an intermediary acting in his name or on his behalf (the “Professional”).
In these GTCS, the term “Customer” means either a Consumer, or a Professional.
These GTCS will apply to this sale of products and/or services (the “Products”) if accepted by the Customer, electronically or through an agreement signed by the Seller.
The Seller reserves the right to amend these GTCS at any time and at its sole discretion. The applicable GTCS are those on the Website in force at the date the order is placed by the Customer.
Subject to proof to the contrary, data recorded on the Website constitutes proof of any transactions that have occurred between the Seller and the Customer.
Article 2: Orders and Methods of Payment
2.1. All orders shall be placed on the Website, https://victor.lu.
By accepting these GTCS, the Customer acknowledges that the Seller provided him with all necessary pre-contractual information to place his/its order, in a clear and intelligible manner, as set forth in Article L. 222-3 of the Consumer Code.
2.2. The Customer also acknowledges that prior to his/its definitively placing the order, the Seller provided him/it with a complete summary of the purchase made (nature of the Product, quantity, price), as well as the general terms and conditions of the transaction (including delivery or completion date, terms of payment, after-sales service contact information, withdrawal conditions).
2.3. The Seller allows the Customer to rectify or cancel his/its order. For this purpose, the Seller makes available to the Customer the following “double click” system to validate the order:
- First click on “[Proceed to checkout]” signifies agreement on the content of the order; and
- Second click on “[Payment]” signifies order confirmation (the “Order Confirmation”). Such Order Confirmation represents the validation of the order by the Seller, subject to the actual payment of the purchase by the Customer. The Customer expressly agrees to know and be aware of the fact that the second click, the Order Confirmation, implies the obligation to pay.
The conditions applicable to an offer may be modified as long as the Customer has not confirmed his/its order.
2.4. The Seller will electronically send the Customer acknowledgment of receipt of the order.
2.5. Invalid information provided by the Customer will result in order processing delays. The Seller shall not be liable to the Customer for any such delays.
Stock Limit and Fraud Monitoring
2.6. The Customer acknowledges that the Products offered for sale are subject to the limitations of available stock.
2.7. If a Product is no longer available in the Seller’s inventory, the Seller shall use its best efforts to inform the Customer of such unavailability prior to Order Confirmation.
2.8. The Seller also reserves the right to cancel or refuse any order in the event of: (1) an incomplete order placed by the Customer when registering information on the Website (for example, an illegible order or lack of essential information); (2) an order made by an insolvent Customer or with whom there were previous payment problems; or (3) a conflict in the context of a previous order. In that case, an e-mail shall be sent to the Customer. To avoid any attempted fraud, the Seller reserves the right to (i) request additional information from a Customer, and/or (ii) limit an abnormally high quantity of Products ordered.
2.9. Receipt of an order does not automatically lead to its acceptance by the Seller. The Seller reserves the right to limit the quantity of the Products ordered and refuse to sell Products to any Customer in pursuant to the above provisions. If an order cannot be made or is canceled by the Seller, the Seller shall send notice thereof to the Customer using the e-mail address provided by the Customer. The Customer will not be charged if his/its order cannot be made or has been canceled by the Seller. If the Customer has already been invoiced for an order that is subsequently canceled or cannot be made, the Seller will fully refund the sums paid by the Customer.
2.10. To the extent that nothing else is specified in the Seller’s published Products descriptions, the prices indicated by the Seller on the Website are final, in Euros and exclusive of taxes. Taxes will set forth separately. Additional delivery and shipping charges, if any, will be shown separately in the individual Product Description.
2.11. Different methods of payment are possible for Products purchased on the Website, including payment by credit card and payment card. The method of payment will be invoiced once the order is placed through the service on the Website, and subject to its validation by the Seller. The Seller will send no Products until the method of payment has been validated.
2.12. If the Customer chooses “PayPal” as a method of payment, the payment shall be made through PayPal (Europe) S.à r.l. and Cie, SCA, Boulevard Royal, L-2499 Luxembourg, in accordance with the general conditions of use (see https://www.paypal.com/lu/webapps/mpp/ua/useragreement-full?locale.x=en_LU).
Article 3: Delivery and Product Return
3.1. The Seller accepts only the delivery of orders to the following countries: Grand Duchy of Luxembourg, Austria, Switzerland, Germany, Belgium and France. The list of eligible countries will be subject to modification by the Seller. Orders to countries not included in the list cannot be made by the Seller at this time.
Delivery of Products
3.2. Delivery shall be made in accordance with an estimated delivery date as set out in the Order Confirmation (depending on the carrier responsible for delivery and the location of the Customer), unless an event beyond the Seller’s control occurs. In such case, if the Seller is unable to deliver by the estimated delivery date, the Seller will contact the Customer with a revised estimated delivery date.
3.3. Delivery shall be complete once the Products have been delivered to the delivery address indicated by the Customer under his/its sole responsibility to the carrier.
3.4. If no one is available at the Customer’s address to receive delivery, the Seller’s proposed carrier will leave a card informing the Customer that Products have been returned to their local storage facility. If a Product is returned to the storage facility, the Customer will contact the carrier at the contact information provided on the card to agree on a new delivery date.
3.5. If the Customer fails to receive the Product (at storage facility for example) or accept delivery within the period of its availability, as communicated by the carrier or the Seller, the Seller reserves the right to terminate the order and refund the Customer therefor and resell the Product, unless the Customer has notified the Seller of his/its desire to arrange a new delivery.
3.6. In spite of the legal guarantees attached to any Product based on the applicable law, the Customer shall verify the conformity of the delivered Product with the Order Confirmation.
3.7. Consequently, if the Product itself or its packaging is damaged at the time of delivery or in case of the Product’s non-conformity with the Customer’s Order Confirmation, the Customer is solely responsible for refusing delivery.
3.8. The Customer shall verify the conformity of this Product within five (5) days from the date of receipt of the Product and shall communicate any claim to the Seller at:
firstname.lastname@example.org or by sending a cancellation request by post to
LOXO SA – 7, route de Luxembourg, L-7240 BERELDANGE.
3.9. Any Product damaged during shipment or non-compliant with the Order Confirmation and of which the Customer has refused delivery will be replaced or refunded by the Seller at no additional cost. Any return of Products shall be made through the Seller’s Customer Service and/or, in any case, in accordance with Seller’s instructions and requirements.
3.10. If the Customer fails to refuse delivery of a damaged or non-conforming Product or one with damaged packaging within five (5) days, replacement or refund of the Product will be at the Seller’s discretion and may incur additional costs to the Customer.
Article 4: Ownership and Risk
4.1. Unless otherwise agreed in writing by the Seller, ownership of the Products shall be transferred to the Customer when all amounts due by the Customer are paid to the Seller. The Seller reserves the right to take the Products back at the Customer’s expenses or suspend delivery in the event of default on a complete payment.
4.2. The Products will be the property of the Customer only after full payment has been received by the Seller, including all applicable delivery charges.
Transfer of Risk
4.3. The risk of loss shall be transferred to the Customer upon delivery of the Products to the delivery address in the Order Confirmation.
Article 5: Right of Withdrawal
5.1. Pursuant to Articles L.222-9 et seq. of the Consumer Code, a Consumer, if residing in the European Union, has the right to withdraw from a contract of sale (entered into at a distance) within fourteen (14) calendar days, for any reason. The withdrawal period begins on the day on which the Consumer, or a third party other than the carrier as designated by the Customer, takes physical possession of the Product. In the case of multiple Products in a single order, the withdrawal period shall end at the end of the fourteen (14) days following the day the Consumer or a third party other than the carrier, as designated by the Consumer, takes physical possession of the last package of Products.
5.2. This Article 5 applies only to Customers who are considered a Consumer. It is expressly agreed that Customers who are considered Professionals do not have the right of withdrawal provided under Article 5.1 et seq. of these GTCS.
Conditions for Exercise of the Right of Withdrawal
5.3. The Products and the packaging and accessories must be returned in their original condition. If the serial number, original packaging or accessories are missing, the Seller reserves the right to refuse the refund or reduce the amount thereof.
5.4. The Product must be returned to Seller without undue delay, through the Seller’s Customer Service and/or according to the Seller’s instructions and requirements, within a period of fourteen (14) days following the exercise of the right of withdrawal.
5.5. The Consumer shall bear the cost of return if the right of withdrawal is exercised in accordance with Article 5.1. above.
In case of lost/damaged shipments, the Consumer is liable for resolving the problem directly with the carrier. In addition, the Consumer has a duty of reasonable care with respect to the Products while they are in his/its possession or control.
5.6. Any refund of the price of the Products shall be processed by the Seller as soon as possible on the Consumer’s bank account used for the Confirmation Order, and in any case, no later than fourteen (14) days from the date the Consumer has exercised his right of withdrawal.
Article 6: Force Majeure
6.1. The Seller shall not be liable or held liable for any loss or damage suffered by the Customer resulting from causes beyond the Seller’s reasonable control, including, but not limited to, war, invasion, insurrection, riot, order of a civil or military authority, fire or natural disaster.
6.2. The Customer’s acceptance of delivery of the Products shall establish or be construed as a waiver of all claims against the Seller for loss or damage caused by any delay.
Article 7: Guarantee
7.1. Notwithstanding any legal warranty attached to any Product based on the applicable legal rules, the Seller shall ensure that upon delivery and for the duration of twenty-four (24) months from the date of delivery, the Products purchased shall be conform in all material aspects to the manufacturer’s specifications applicable to such goods and shall be free from any manufacturing, material and design defects in the course of normal use.
7.2. The warranty does not cover damage resulting from misuse, negligent treatment, lack of reasonable maintenance and care, accident or abuse by someone other than the Seller.
Article 8: Limitation of the Seller’s Liability
8.1. The Seller’s direct liability is limited to (i) reimbursement of the purchase price of the Products; (ii) repair of the Products; or (iii) replacement of the Products; provided, however, that such Products are returned to the Seller in accordance with these GTCS.
8.2. The statutory rights of the Customer based on the applicable law are not replaced by any limitation contained in these GTCS. Nothing in these GTCS shall limit or exclude the Seller’s liability (i) in the event of personal injury or death caused by the Seller’s negligence; (ii) in the event of fraud; (iii) for any breach of the Seller’s obligations arising from national legislation; or (iv) for any liability that cannot be excluded under law.
8.3. For Products purchased on the Website, the Seller’s maximum liability shall not exceed the actual purchase price of the Product. In accordance with the preceding paragraph, the Seller will not be held liable for any indirect damage suffered by the Customer.
8.4. The Seller shall not be liable for damages beyond its control, such as in the case of services provided by outside companies for the execution of an order (such as the carrier or the company responsible for online payments).
Article 9: Data Protection
9.1. The Seller will collect the personal data of the Customer in accordance with the Law of 2 August 2002 on the protection of individuals with regard to the processing of personal data, as amended.
9.2. The data collected shall not be used for purposes other than the processing of orders, delivery of Products, processing of payments and communication with the Customer concerning his/its orders, Products, retention and updating of the Seller’s files and thus the accounts with the Seller owned by the Customer.
9.3. The data collected shall be retained for as long as (i) necessary for the purposes specified in this Article 9.2., or (ii) permitted by law.
9.4. The Customer shall at all times have the right to access, rectify and delete personal data in accordance with the applicable legislation. Notice of the request shall be given in writing by the Customer. In case of inaccuracy or deletion of personal data communicated to the Seller, the performance of the Contract cannot be guaranteed.
Article 10: Applicable Law and Jurisdiction
10.1. These GTCS are subject to the laws of the Grand Duchy of Luxembourg. Application of the Vienna Convention on International Sale of Goods is hereby expressly excluded. For Customers considered as Consumers, this choice of law is applicable and valid only insofar as the protection conferred by compulsory provisions of the country where the Consumer habitually resides is guaranteed.
10.2. All disputes relating to the commercial relationship between the Customer and the Seller are subject to the non-exclusive jurisdiction of the courts of the City of Luxembourg, which means that for the purposes of these GTCS, if the Customer is a Consumer, he may bring an action to enforce his consumer rights before the courts of the City of Luxembourg or in the country of the European Union in which he resides. If the Customer is a Professional, only the courts of the City of Luxembourg shall be competent.
Article 11: Out-of-Court Dispute Settlement
11.1. The European Commission provides the following link to its website directed to the online dispute settlement platform: http://ec.europa.eu/consumers/odr.
11.2. This platform is a one-stop shop for dealing with out-of-court disputes arising from online sales or service contracts between Consumers and Professionals.
Article 12: Identification
The Website, https://loxo.lu, belongs to and is administered by:
L-7240 BERELDANGE, 7 route de Luxembourg
registered with the Luxembourg Registry of Commerce and Companies (Registre de Commerce et des Sociétés, Luxembourg) under number B 191915
VAT identification number: LU 27608911
Telephone: +352 26 33 13 10 / +352 621 330 067