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The online store www.lunchshop.lu is run
by the company "Maison PAUL" which is registered under the trade
name PAUL Sàrl (here below THE SELLER), having the Register-No 2009 24 36 250,
VAT Identification-No LU 23844009 and RCS-No B150167. The mailing address
is 36 rue Philippe II, L-2340 Luxembourg, and the email address is
eliopaul@pt.lu (here below THE ADDRESS OF THE SELLER).
Any order for a product appearing on the web site of the online store www.lunchshop.lu (here below
THE VENDOR SITE) requires the consultation and acceptance of the present terms
and conditions of sale. The click to validate the order by the consumer (here
below THE CUSTOMER) implies the full acceptance of these. This mouse click has
the value of "digital signature" of THE CUSTOMER.
Aim:
The present conditions aim to define the rights
and obligations of the parties in the online sale of goods offered by THE
SELLER TO THE CUSTOMER.
Order confirmation:
The contractual information will be confirmed
via email to the address indicated by THE CUSTOMER within the purchase
order.
At a first step, THE CUSTOMER receives an automatic electronic
confirmation after his order on THE VENDOR SITE. At a second
step, THE CUSTOMER receives via email a confirmation from THE SELLER
which indicates the approximate time of delivery (interval of +/- 30 minutes)
(in case of delivery), respectively the approximate time of retrieval (interval
of +/- 30 minutes) (in case of CUSTOMER picking up himself the
order from THE SELLER'S shop).
Proof of transaction:
The computerized records, stored on the
IT-systems of THE SELLER under reasonable conditions of safety, are considered
to be the formal proof of communications and orders between the parties. The
purchase orders and invoices are archived on reliable and sustainable folders and
can be produced as evidence.
Product information:
All efforts have been made to ensure the
accuracy of information listed on THE VENDOR SITE. THE SELLER or his suppliers
however are not responsible for any inaccuracy that may appear as consequences,
incidents, or special damages of electronic transmission, even in the case
where THE SELLER was aware of the possibility of such damages. The names,
product brands and manufacturers are only used for the purpose of identification.
All photos, descriptions and prices are not contractual. Photographs, company
logo, and all texts and graphics on THE VENDOR SITE are the intellectual
property of THE SELLER and may not be copied or used without the prior written
consent of THE SELLER.
Duration of validity of the offer and the related price:
The prices listed on THE VENDOR SITE are valid
for the day and include VAT (all taxes included). Eventually added to these
prices are costs of delivery (cf. delivery area and terms)
Delivery:
For individual customers, the delivery service of THE SELLER is only available
from Monday through Friday during the lunch period (11:00-13:15) to all individual
customers whose delivery address is inside the delivery area for individual customers
(cf. delivery area and terms). The products are delivered to the address
specified by THE CUSTOMER on the order form and only to this address of
delivery.
All orders for the same day, delivery or direct
pickup at THE SELLER'S store at 36 rue Philippe II, L-2340 Luxembourg,
of the articles on sale on THE VENDOR SITE, MUST OBLIGATORY BE DONE
BEFORE 10 AM FOR DELIVERIES and BEFORE 11AM FOR CUTOMER PICKUPS FROM THE SHOP!!
All orders for the same day passed after 10 AM for deliveries and after 11 AM for
pickups cannot be treated. If the delivery or direct pickup at THE SELLER'S
store of the order is to take place on a different day than the day of order
(i.e. order in advance), THE CUSTOMER has to indicate the requested day of
delivery/pickup under "Additional Shipping Information" during
his/her order. In this very precise case, the order can be passed at any
time of the day, but at latest at 10 AM (for deliveries) respectively at 11 AM
(for pickups) of the day of delivery/pickup.
For individual customers, deliveries are made
between 11:00 and 13:15 MO-FR (SA-SU closed) according to the schedule
announced in the order confirmation for THE CUSTOMER’S delivery address.
For corporate customers (B2B customers) THE VENDOR’S delivery service is only
available from Monday to Friday (exceptionally and upon special request on
Saturdays) to all companies located inside the delivery area for B2B customers
(cf. delivery area and terms). The goods are only delivered to the address
indicated by THE CUSTOMER in his order. All products from the catering category
must at minimum be ordered 72 hours (3 working days) (Saturday and Sunday
excluded) in advance prior to the day of delivery.
All products are leaving the premises of THE
SELLER in perfect condition. THE CUSTOMER must notify the carrier/driver the
slightest trace of impact (holes, traces of crushing etc...) on the package,
and where appropriate to refuse the package. The amount of the order of the
package will be credited to THE CUSTOMER’S account in his/her favour and may be
used at a subsequent order.
The exchange of any product damaged during
transport and declared afterwards, without any reservation on the delivery
form, is not possible. THE SELLER assumes no liability for any delay on
delivery times, which can be due for example to dense traffic, bad weather
conditions, road diversions, or difficulties of parking at the delivery
address.
Problems at delivery:
Any abnormality concerning the delivery (damaged
product, missing product compared to the slip, damaged package, broken product
...) should be strictly noticed on the delivery form under "handwritten
reserves'', accompanied by the signature of THE CUSTOMER, respectively of the
person authorized to receive the delivery.
Delivery Errors:
THE CUSTOMER will make any claim of error of delivery
and/or non-conformity of goods in kind or in quality compared to the entries on
the right command to THE SELLER on the same day of delivery before 18:00 (6
PM). Beyond this period, any claim will be rejected.
The formulation of this claim to THE SELLER may
be made either by email (eliopaul@pt.lu) or by phone (Tel-Nr.: 22 71 04).
Any claim not made in the rules defined above and in the time limits will not
be taken into account and will release THE SELLER of any responsibility.
In case of an error of delivery or exchange, any
product to be exchanged or refunded must be returned to THE SELLER in a whole
and in its original packaging in perfect condition to THE SELLER’S address.
To be accepted, any return must be
reported and have the prior approval of THE SELLER, who, if agreed upon,
reships the package to the right place.
The shipping costs are on charge of THE SELLER,
unless he proves that the product does not match the declaration of origin made
by THE CUSTOMER in the sense of return.
Principally no reimbursement of the amount of
the wrongly delivered product, for which the responsibility of the error is due
to THE VENDOR's mistake, is being made. However, the amount of the wrongly
delivered article is being credited to THE CUSTOMER's account under the form of
a credit note, credit that THE CUSTOMER can use for his next order(s) at THE
SELLER's online store. Before being able to use this credit, the corresponding
credit note has to be sent by e-mail from THE SELLER to THE CUSTOMER.
Participation in shipping costs:
Since THE SELLER applies the same prices for his
delivery service available through his website www.lunchshop.lu than for his
shop in 36 rue Philippe II, L-2340 Luxembourg, without applying any price
increase to our delivered products (i.e. delivery prices correspond to
take-away prices), there is a minimum amount of order for deliveries, and THE
SELLER charges a participation in shipping costs for orders of low amounts. In
order to know the applicable conditions and details of these participations in
shipping terms, THE CUSTOMER can consult them in the vertical menu of THE
SELLER'S WEBSITE under the point "Delivery area and terms”.
Delivery Receipt:
When confirming the order, a schedule of
delivery is communicated to THE CUSTOMER, and THE SELLER will seek to best
respect the delivery time for deliveries made by himself or by a third carrier.
But for various reasons, such as dense road traffic, accidents, bad weather
conditions, traffic diversions, parking problems at the delivery address, or
any other obstacle to the progress of the on-time delivery, no guarantee of
respect for this delivery time can be given by THE SELLER TO THE CUSTOMER.
THE CUSTOMER agrees to be himself available, or where appropriate to have an
authorized person (such as a receptionist/guard/ doorman or anyone else)
available to receive and control the delivery, and sign in his name the
delivery note which confirms that THE CUSTOMER has received the ordered
products in good and due form.
Since the carrier has to make several
deliveries, the latter cannot wait more than 5 minutes in the absence of a
person authorized to receive delivery. After this period of 5 minutes, the
carrier will continue his tour and will retake the goods of delivery which will
be fully charged to THE CUSTOMER.
Payment:
THE CUSTOMER has the choice of several payment
methods such as offered on THE VENDOR SITE when ordering, namely:
In case of delivery:
a)
Individual customers :
Payment by credit cards through
PAYPAL, international online payment with more than 100 million online users
worldwide, For more information please consult the website http://www.paypal.lu The following credit cards
are accepted: VISA, MASTERCARD and AMERICAN EXPRESS.
b) B2B customers:
- Payment by credit cards through PAYPAL, international online payment
with more than 100 million online users worldwide, For more information please
consult the website http://www.paypal.lu The
following credit cards are accepted: VISA, MASTERCARD and AMERICAN EXPRESS.
- Payment through bank transfer on our bank account: IBAN: LU75 0030 8735
1766 0000, BIC Code: BGLLLULL (Bak: BGL BNP Parisbas SA). In case of payment
through bank transfer the following terms and which defer from new customers to
existing customers are applicable:
o For new customers:
§
If the amount of order
< € 500.-: 60% of total amount at order and the remaining 40% of total
amount of order 10 days from invoice issue date.
§
If the amount of order >=
€ 500.-: 100% of total amount at order
o For existing customers:
§
If the amount of order
< € 750.-: 100% of total amount of order 10 days from invoice issue date.
§
If € 750.- <= amount
of order < € 1’500.-: 30% deposit of total amount at order and the remaining
70% of total amount of order 10 days from invoice issue date
§
If the amount of order
>= € 1’500.-: 60% deposit of total amount at order and the remaining 40% of
total amount of order 10 days from invoice issue date
§
The omission of payment
of deposit may lead to the cancellation of the CUSTOMER’S order by THE VENDOR
without any reimbursement
In case of CUSTOMER'S direct
pickup of goods at THE SELLER'S store:
As THE VENDOR SITE cans also be used as a mean of reservation of goods that
will be directly be picked up by THE CUSTOMER at THE SELLER'S store, THE
CUSTOMER can use there the following payment options:
cash, "ticket-restaurant” (meal vouchers),
VISA, MASTERCARD, MAESTRO, EC, APPLE PAY.
Product Warranty:
The provisions hereof cannot deprive THE
CUSTOMER of the legal guarantee which requires THE SELLER to guarantee THE
CUSTOMER against all consequences of defects of the goods sold.
THE SELLER guarantees the freshness and quality and compliance of the temperatures
of products delivered to THE CUSTOMER. As for fresh perishable products on
catering (salads, soups, desserts, fresh pasta, sandwiches, tortilla-wraps,
salads and fruit juice as well as other fresh products), THE SELLER implicitly
attracts the attention of THE CUSTOMER to the fact that after receipt of
delivery, THE SELLER is no longer responsible for maintaining the temperature
of the products delivered. From the receipt of delivery on, THE CUSTOMER is
responsible to store fresh products on catering and other perishable products
in a cool place (refrigerator at a temperature <5 °C) until consumption.
Further, to ensure freshness and quality of products delivered, THE SELLER
wishes to inform THE CUSTOMER that it is strongly advised to consume these products
on the same day of delivery.
Goods out of stock:
Despite an automatically updated stock management
system, it happens that an ordered article is temporarily out of stock. If
possible, THE SELLER informs THE CUSTOMER of the unavailability of an ordered
article and proposes at that time a similar article of same quality and price
level to THE CUSTOMER. In case of THE CUSTOMER'S agreement, this exchanged
article will be delivered to THE CUSTOMER instead of the article that has run
out of stock. Otherwise, and in case of prepayment either by direct online payment
(such as PAYPAL for example) or by prepayment at THE SELLER'S store
respectively to the carrier during the money collecting dates, or prior
transfer to THE SELLER'S bank account, the amount of the article that has run
out of stock is being credited to THE CUSTOMER'S account and can be used for
the next order on THE VENDOR SITE.
Minimum legal age:
For the order of an article on THE VENDOR SITE,
THE CUTOMER declares on his/her honour to dispose of the minimum legal age for
ordering articles, especially for the order of all alcoholic beverages where
the required minimum legal age is 16 years according to Luxembourgish law. THE
SELLER has nevertheless the right to control either by himself or through the
carrier the age of THE CUSTOMER at the moment of delivery.
Rights of use:
The use of trademarks listed on THE VENDOR SITE is strictly prohibited.
Force majeure:
Neither party has failed to its contractual
obligations, insofar as its execution is delayed, hindered or prevented by a
fortuitous event of force majeure. Will be considered a force majeure any fact
or circumstances, external to the parties, that is unpredictable, inevitable,
out of control of the parties, and which could not be prevented by the latter,
despite all reasonable and possible efforts.
The party affected by such circumstances shall notify the other within ten
business days following the date on which it has been informed by that case of
force majeure.
Both sides approach then, within three months, unless unable due to force majeure,
to examine the impact of the event and agree on the conditions under which the
contract will be continued.
If the force majeure has a duration exceeding one month, the present terms may
be terminated by the injured party.
Explicitly, the following are considered as force majeure or unforeseeable
circumstances, beyond those usually retained by the Luxembourg jurisprudence of
courts and tribunals: blocking of means of transportation, earthquakes, fires,
storms, floods, lightning, stop of telecommunication networks or difficulties
specific to telecommunication networks which are not under the control of the
telecommunication clients.
Partial invalidation:
If one or more stipulations of these
general conditions are considered as non-validated or declared as such by law
or regulation, or either following a final decision of a court of competent
jurisdiction, all other stipulations will retain their strength and their
scope.
No Waiver:
The fact that one party is not acting upon the
breach of one of the present terms and conditions by the other party, may not
be interpreted in the future as a claim of the obligation in question.
Governing law:
The present general conditions are subject to
Luxembourg law. This is valid for the rules of funds as for the rules of form.
In case of dispute or claim, in priority, THE CUSTOMER is contacting THE SELLER
to find an amicable solution.
Privacy:
All data that THE CUSTOMER is handing out TO SELLER are intended to process
orders. According to European laws related to data, files and freedom, THE
CUSTOMER has the right to ask THE SELLER to rectify, look at, modify and/or
delete the data he has provided. This right may also be used online.
Litigation:
All orders placed through THE VENDOR SITE require the acceptance of THE
CUSTOMER, without any restriction, of the present conditions of sale of THE
SELLER. In the event of an unsolved dispute on amicable level, the competent
court of jurisdiction is the Court of Luxembourg.
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