General terms and conditions for online sale
Article 1 – Purpose and scope
- The present General Terms of Sale define the rights and duties of the parties as part of sales of products, via the Adomea Services website, available at http://www.adomea-services.lu. The present General Terms of Sale exclusively respect the sales of products offered on the website.
- The General Terms of Sale are entered into, on one hand, the company Adoméa Services (VAT LU/27276569) whose the headquarters is located in 51, Avenue de la Gare, L-1611 Luxembourg, hereinafter referred to as the “Seller” and, on the other hand the person wishing to visit the website and make a purchase, hereinafter referred to as the “Customer”. The customer and the seller are jointly hereinafter referred as “Parties”. The parties agree on their relation being governed exclusively by the General Terms of Sale, with the exception of any other condition.
- Any order of a product or service offered on the website presupposes having read and expressly agreed these general terms of sale without however it being conditioned by a handwritten signature of the customer. In accordance with the current legal requirements in Luxembourg relating to electronic signature, the seller may consider the order of the customer as an electronic signature with the value of a handwritten signature and the contractual consequences it generates.
- The customer who orders a product on the website shall have the full legal capacity.
- The seller retains the right to change the general terms of sale and, will communicate the new version to the users via the website.
Article 2 – Privacy
Adomea Services reminds its commitment to carefully respect the granted trust and to enforce the legal duties of privacy protection. Therefore, as a customer, you have the access right to rectify and/or delete your personal data by contacting us by mail at: 51, Avenue de la Gare L-1611 Luxembourg, by E-mail at firstname.lastname@example.org or by phone at +352 27 36 53 83.
Article 3 – Online sale terms
3.1 Purchasing price of the product and service
The price of the products and services for sale on the website is displayed in Euros, VAT included. This price includes delivery charges (the gift card is sent by E-mail). Even if the seller changes its prices later the sale, the products will be charged on the current price at the time of the order’s confirmation.
3.2 To place an order, the customer must fill out the order form available on the website, send an E-mail at email@example.com or place an order by phone, ways by which the customer will communicate the necessary information about the transaction. The seller cannot be held responsible for the consequences of incorrect information. By placing his/her order, the customer accepts all general terms of sale and is committed to pay the entire amount due.
3.3 The recorded data gathered by the seller provide evidence of the contractual relationship between the two parties.
3.4 The seller retains the right to refuse or to cancel any order, or other delivery, in case of existing litigation with the customer, of a total or partial non-payment of a previous order, or a credit card refusal. In this case, the seller could not be held responsible.
3.5 The customer can cancel his/her order as long as it is not shipped. The order will immediately be cancelled as well as the payment request if it has not been made yet. If the payment has been received by the seller, the customer will receive a full refund of the purchase price. After the delivery, the customer could not cancel the order but could exercise his/her right to withdraw (see article 6).
Article 4 – Payment
4.1 The payment can be made by:
- Credit card (Visa, MasterCard, American Express).
- Bank transfer
4.2 The validity of payment will be confirmed or not after checking with the issuing bank. If the payment is confirmed, the debit will be made according to the terms agreed with the issuing bank. The product(s) ordered remain the whole property of the seller as long as the payment is not made.
In case of problems or damage due to the Internet (computer virus among others), the seller would not be held responsible.
Article 5 – Shipping and terms of delivery.
5.1 After receiving your order, Adomea Services will contact you by E-mail and will send you the gift card in PDF.
Article 6 – Right to withdraw and return policy
6.1 The customer has the right to notify the company of his/her decision to cancel the purchase, without penalties, and without indicating the reasons, within fifteen (15) days from the day after the delivery or after the conclusion of the service contract in accordance with the provisions of consumer code of December 2016.
From the time when the customer decides to return all, or a part, of his/her order, he/she has an additional period of 10 days to return the products to the seller. If he/she does not respect this additional time, the customer will be deprived of his/her right of withdrawal and his/her order will be considered as definitive.
6.2 If the customer decides to use his/her right of withdrawal, the seller shall, after checking all the returned items, refund the purchasing price to the client no later than 30 days from the receipt of the package excluding delivery costs.
6.3 Terms of repayment
If the customer makes the payment by credit card, the amount of money will be paid-in the account of the credit card used by the customer to pay his/her order. The repayment of the customer will be made according to the agreed conditions with the issuing bank of the credit card. If the customer pays his/her order by another term of payment, the repayment will be made by bank transfer to the account number indicated by the seller. The seller is not held responsible in case of non-repayment due to a miscommunication by the customer of his/ her account number.
6.4 This right of withdrawal will be rejected if the delivered products have been obviously used. If the returned items are not accepted due to the indicated conditions above, the customer must take them back and will not be refunded.
Article 7 – Validity of gift cards
7.1. The gift cards are valid for 1 year from the date of the purchase.
Article 8 – Litigation
8.1 The present General Terms of Sale are submitted to the Luxembourg law. In case of litigation, the tribunals of Luxembourg legal district shall have sole jurisdiction if a friendly solution has not already been found.
8.2 The information between both parties kept by the seller will be considered as evidence that may be taken into account.
8.3 The present General Terms of Sale form a single contract between both parties. We are making efforts to update them in accordance to Luxembourg legal changes that may have an impact on these terms and conditions of sale. However, it happens that some items might be considered as no-valid according to a law, a regulation or following a final decision of a jurisdiction. Even so, other stipulation shall remain in full force and effect.