T&C

Terms and Conditions of the Online Shop of

LEPAGE MANUEL JEAN-PAUL
trading as
LEPAGE & Partners – Distribution and Specialist Trade

1. Seller / Contracting Party

The contracting party for all orders placed through this online shop is:

LEPAGE MANUEL JEAN-PAUL
trading as LEPAGE & Partners – Distribution and Specialist Trade
Groussgaass, 10
L-8523 Beckerich
Luxembourg

Email: contact@lepage.expert

VAT Number: LU 18875373
Business Licence: 10104262 / 0
Trade Register: A41952

2. Scope of Application

2.1

These Terms and Conditions apply to all contracts concluded between the seller and the customer through this online shop.

2.2

Any conflicting or deviating terms and conditions of the customer shall not apply unless the seller has expressly agreed to them in writing.

2.3

This online shop is intended for both consumers and business customers.

2.4

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, craft or profession.

2.5

A business customer is any natural or legal person, or partnership with legal capacity, acting in the exercise of their commercial, business, craft, professional, public or institutional activity when concluding the contract. This includes, in particular, companies, traders, resellers, practices, clinics, hospitals, laboratories, pharmacies, therapists, public institutions, authorities, municipalities, state bodies, and other professional or institutional customers.

The statutory right of withdrawal applies only to consumers, namely natural persons acting outside their professional or commercial activity.

2.6

Whether a customer is classified as a consumer or a business customer depends on the actual purpose of the order. A doctor, therapist or other professional acts as a business customer if the order is placed for a practice, company or professional activity. If the order is placed for private purposes, that person acts as a consumer.

3. Products for Consumers and Products Reserved for Professional Customers

3.1

Certain products or product categories may be intended exclusively for professional customers or business customers. Such products will be clearly identified in the online shop.

3.2

Orders placed by consumers for products marked “business customers only”, “commercial customers only”, “professional use only”, or with similar wording, will not be accepted.

3.3

The seller reserves the right to request further information or proof of professional or commercial use where an order appears to have a business or professional purpose.

4. Conclusion of Contract

4.1

The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order, unless expressly stated otherwise.

4.2

By completing the electronic ordering process, the customer submits a binding offer to purchase the goods and/or services contained in the shopping basket.

4.3

Receipt of the order will be acknowledged by email without undue delay. Such acknowledgement does not constitute acceptance of the offer.

4.4

The contract shall only come into existence upon:

the seller’s express order confirmation in text form;
dispatch of the goods; or
express confirmation of an individual offer.

4.5

The seller reserves the right to reject orders without giving reasons, in particular where there are doubts as to the correct classification of the customer, product availability, or the seriousness of the order.

4.6

Before submitting a binding order, the customer may review and correct the information entered at any time during the ordering process. The order details will be displayed again before the order is finally submitted.

4.7

Contracts may be concluded in the German language. Where other languages are offered, the language selected during the ordering process shall be decisive.

5. Prices and Payment Terms

5.1

Unless stated otherwise, all prices are shown in euro (EUR).

5.2

For consumers, prices are final prices and include the applicable statutory value added tax.

5.3

For business customers, prices may be displayed either net or gross. The relevant indication in the respective offer shall apply.

5.4

Any additional shipping, delivery, packaging, customs, import or other ancillary charges shall be indicated separately during the ordering process or in the relevant offer.

5.5

The available payment methods are indicated in the online shop or in the relevant offer.

5.6

Where payment in advance has been agreed, payment shall be due immediately upon conclusion of the contract unless otherwise agreed in writing.

6. Delivery and Shipping

6.1

Delivery shall be made to the delivery address provided by the customer unless otherwise agreed.

6.2

Any delivery times stated are non-binding unless expressly confirmed as binding.

6.3

Partial deliveries shall be permitted where this is reasonable for the customer.

6.4

If delivery becomes impossible for reasons for which the customer is responsible, the customer shall bear the reasonable additional costs thereby incurred.

6.5

For business customers, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover of the goods to the transport company. For consumers, such risk shall pass only when the goods are delivered to the consumer or to a person authorised by the consumer to receive them.

7. Retention of Title

The goods delivered shall remain the property of the seller until all claims arising from the respective contract have been paid in full.

8. Right of Withdrawal for Consumers

8.1

Consumers generally have a statutory right of withdrawal of 14 calendar days in the case of distance contracts and contracts concluded away from business premises.

8.2

In the case of goods, the withdrawal period generally begins on the day on which the consumer, or a third party named by the consumer who is not the carrier, takes possession of the goods.

8.3

Further details regarding the right of withdrawal are set out in the seller’s separate withdrawal notice and the statutory model withdrawal form.

8.4

The right of withdrawal applies only to consumers. Business customers do not have a statutory right of withdrawal.

9. Exclusion or Loss of the Right of Withdrawal for Consumers

To the extent permitted by law, the right of withdrawal shall not apply, in particular, to:

9.1

goods made to the customer’s specifications or clearly personalised;

9.2

sealed goods which are not suitable for return for reasons of health protection or hygiene, where the seal has been removed after delivery;

9.3

goods which are liable to deteriorate or expire rapidly;

9.4

goods which, after delivery, have become inseparably mixed with other items by their nature.

10. No Statutory Right of Withdrawal for Business / Professional Customers

10.1

Where the customer places an order as a business customer, no statutory right of withdrawal shall apply.

10.2

This applies in particular to companies, traders, resellers, practices, clinics, hospitals, laboratories, pharmacies, therapists, public institutions, authorities, municipalities, state bodies, and other commercial, professional, public or institutional customers. The statutory 14-day right of withdrawal is a consumer right applicable to distance contracts and does not apply to such professional or institutional purchasers.

10.3

Returns or exchanges for business customers shall only be accepted where expressly agreed in writing and solely as a voluntary gesture of goodwill.

10.4

This applies in particular to:

non-stock items ordered on request;
specially procured imported goods;
special orders;
customer-specific configured devices;
products procured at the customer’s request;
opened hygiene, health or medical products;
calibrated, tested, certified or otherwise customised devices and systems.

10.5

Where, by exception, a return by a business customer is agreed in writing, such return may be made subject to conditions, including in particular:

return in original and unused condition;
complete accessories;
undamaged original packaging;
payment of return, inspection, reconditioning and restocking costs;
an appropriate deduction for diminished value.

11. Returns and Diminished Value for Consumers

11.1

In the event of withdrawal, consumers must return the goods without undue delay and no later than within the statutory period.

11.2

The consumer shall be liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.

11.3

Any examination of the goods must not go beyond what would ordinarily be possible in a physical retail shop.

12. Liability for Defects / Warranty

12.1

Consumers shall benefit from the statutory rights in relation to defects. As a rule, consumers are entitled to the statutory legal guarantee of conformity for a period of 2 years.

12.2

For business customers, the statutory provisions shall apply unless otherwise provided in these Terms and Conditions.

12.3

Business customers are required to inspect the goods immediately upon receipt for obvious defects, incorrect deliveries or discrepancies in quantity, and to notify the seller in writing without undue delay.

12.4

If such notification is not made without undue delay by a business customer, the goods shall be deemed approved in respect of the apparent defect to the extent permitted by law.

13. Liability

13.1

The seller shall have unlimited liability:

in cases of wilful misconduct and gross negligence;
for culpable injury to life, body or health;
under applicable product liability law;
where an express guarantee has been given.

13.2

In the event of a slightly negligent breach of essential contractual obligations, the seller’s liability shall be limited to the typical and foreseeable damage.

13.3

In all other respects, liability shall be excluded to the extent permitted by law.

14. Contracts Concluded In-Store / On-Site Purchases

14.1

Where a contract is concluded directly in the shop, showroom or at another fixed place of business of the seller, there is generally no statutory right of withdrawal under the rules applicable to distance contracts.

14.2

This also applies where information or offers have been exchanged in advance by email, telephone or online, but the contract is ultimately concluded on site.

15. Applicable Law

15.1

These Terms and Conditions and all contracts concluded under them shall be governed by the law of the Grand Duchy of Luxembourg, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

15.2

In relation to consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

16. Jurisdiction

16.1

If the customer is a business customer, a legal person under public law or a special fund under public law, the courts at the seller’s registered office shall have jurisdiction over all disputes arising from the contractual relationship, to the extent permitted by law.

16.2

For consumers, the statutory rules on jurisdiction shall apply.

17. Final Provisions

17.1

Should any provision of these Terms and Conditions be or become wholly or partly invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

17.2

Any invalid or unenforceable provision shall be replaced by the applicable statutory provision.

T&C