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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 (see below "Participation in the delivery charges”).
Delivery:
The delivery service of THE SELLER is only available from Monday through Friday during the lunch period (11:00-13:15) to all employees of companies/businesses in the area of delivery to a radius of + / - 5 km from the centre of Luxembourg-City (Kirchberg, Cloche d'Or , Kalchesbrück ,...). 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.
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.
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 "Shipping 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.
In case of several simutaneous orders for the same delivery address (for example in case that several employees of the same firm/company have passed independant orders for the same day and the same address of delivery (i.e. the address of their firm/company)), a generic delivery form grouping all delivery forms of the same delivery address is established, and can be signed by the authorized person who receives the delivery, instead of all other delivery forms for the same delivery address. This signed generic delivery form has the same value than an independant delivery form.
Since the carrier has to make several deliveries, the latter can not 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:
2) Payment to the delivery person:
ONLY cash payment or lunch-chèques (chèques-repas) are accepted. NO CREDIT OR DEBIT CARDS!!! THE EXACT AMOUNT OR MORE has to be prepared prior to the arrival of the delivery person in an enveloppe ready to be handed over to the delivery person at the reception. THE DELIVERY PERSON DOES NOT HAVE CHANGE TO GIVE BACK TO YOU. In case an amount superior to the total amount of THE CUSTOMER'Sorder is being paid, the leftover will be credited to the customer account for the next order(s). In this way, THE CUSTOMER may charge his customer account, and the positive remaining balance of your customer account will be automatically deducted from the total amount of his next order under the position "Discount". This deduction will not be applicated to an eventual participation in shipping costs. In this case, and if the amount of the remaining balance of the cutomer account ("Discount") allows to cover both the total amount of the order and the participation in shipping costs, THE CUSTOMER can simply click on the payment option "Remaining balance of my customer account" and he will validate your order in this way. If the amount of the remaining balance of the customer account ("Discount) does not allow to cover both the total amount of the order and the amount of the participation in shipping costs, THE CUSTOMER has to either choose the option "Payment to the delivery person" or "Payment with credit card or Paypal account", inorder to pay the remaining amount. Otherwise the order cannot be processed, and it will be deleted.
THE CUSTOMER is kindly requested to prepare the exact amount, or more in case hewishes to charge hiscustomer account with this exceeding amount, in an enveloppe with the mention "LUNCHSHOP", his full name as well as the ID-number of his order and the total amount he has deposited in the enveloppe. It is important that this enveloppe is ready at the reception of your delivery, because thedelivery person cannot wait for THE CUSTOMER for a long time since he/she has to continue the delivery round.
- 3) by bank transfer to THE SELLER'S bank account: Account No. LU87 0030 8735 1771 1000, bank BGL-BNP Parisbas SA (Bic code: BGLLLULL)
In case of prepayment, the amount paid/deposited by THE CUSTOMER will be credited to his account, and THE CUSTOMER can then order up to the amount of transfer/deposit. The balance of this account is displayed on the delivery form, and is updated at the time of confirmation of the order made by THE SELLER. In case where the amount of the order (including participation in shipping costs) of THE CUSTOMER is exceeding the remaining balance on its customer account, the order cannot be confirmed by THE SELLER who will notify THE CUSTOMER by e-mail that the order has ben cancelled due to unsufficiant funds. If THE CUSTOMER wants, he can make a new order (including participation in shipping costs) by not exceeding the amount of the remaining balance of his customer account.
It should be noted that in case of payment solution (A) and (B) (deposit to THE SELLER at his store or to the carrier), the amount of deposit is credited one business day after, and so THE CUSTOMER can use his credit one business day after the deposit. In case of bank transfer to THE SELLER, it takes 2 to 3 business days before the transferred amount will be credited to THE CUSTOMER’S account. THE CUSTOMER will be notified by email by THE SELLER of receipt of the transfer, stating that the credit can immediately be used for THE CUSTOMER’S next command.
* In case of cash payment (i.e. coins and / or banknotes in euros only, "ticket-restaurants” (meal vouchers) are not regarded as cash) for the solutions (A) or (B), THE CUSTOMER is granted a discount of 2% of the amount paid in the form of credit to be used for THE CUSTOMER’S next order(s). Example: CUSTOMER’S deposit € 100.- in cash at THE SELLER’S shop: his account will be credited with € 102.- (€ 100.- + 2% of € 100.-).
3) Opening of a debit account, allowing THE CUSTOMER to pay his order(s) at a later time. To qualify for this method of payment, THE CUSTOMER must make an electronic debit order ("ordre de domiciliation électronique”) to THE SELLER from his bank which must be affiliated to the electronic debit system proposed by the Luxembourg CETREL (www.cetrel.lu). In order to establish an order of electronic debit, THE CUSTOMER must download the electronic debit order form located in the menu "Payment Options" on THE VENDOR’S SITE, complete and return this form duly signed and dated via post mail to THE SELLER at 36 rue Philippe II, L-2340 Luxembourg. A debtor number ("N° de matricule débiteur”) will be granted by the SELLER to THE CUSTOMER, and THE SELLER transmits the electronic debit order to THE CUSTOMER'S bank. THE SELLER will then be notified of the acceptance of the electronic debit orde rby THE CUSTOMER'S bank. And it is at this moment that THE SELLER informs THE CUSTOMER by email that the latter can spend his orders through his debit account from now on. THE CUSTOMER can not make any orders before receiving this email from THE SELLER attesting the establishment of a debit account to his name.
A statement summarizing the latest orders will be sent by THE SELLER TO THE CUSTOMER by e-mail every 10 days, and the total amount of this statement will be collected automatically via electronic debit 10 days after sending the statement. This is done in order to allow THE CUSTOMER to verify the statement before his account will be debited by the amount of his orders. THE CUSTOMER has to ensure a sufficient balance in his bank account to meet the payment of his orders. Should an electronic debit not be executed by THE CUSTOMER’S bank due to a fault of the latter to it, then THE CUSTOMER can no longer use this method of payment anymore. Moreover, THE CUSTOMER must then pay all potential administrative costs which may arise due to the failure of the debit order, and immediately pay the remaining balance of his orders to THE SELLER.
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.
** In case of cash payment for goods that are directly being picked up by THE CUSTOMER at THE SELLER'S store, no payment discount is granted by THE SELLER to THE CUSTOMER.
Product Warranty:
The provisions hereof can not 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 mangement system, it happends 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 exhanged article will be delivered to THE CUSTOMER instaed 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 honnor 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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