General terms and conditions of business
Table of contents:
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Liability for defects
7. Liability
8. Applicable Law
9. Place of jurisdiction
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1. SCOPE
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1.1 These terms and conditions of Lepage Distribution (represented by Lepage Manuel Jean-Paul) apply to all contracts that a consumer or entrepreneur (hereinafter "customer") concludes with the seller with regard to the goods and/or services presented by the seller in his online shop . The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
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1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who acts for purposes that are outside of their commercial, business, craft or professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any person who, either himself or through another person acting on his behalf or on behalf of him, acts for purposes that can be attributed to his commercial, business, craft or professional activity.
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2. CONCLUSION OF CONTRACT
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2.1 The product descriptions contained in the seller's online shop represent binding offers from the seller, which the customer accepts when placing an order.
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2.2 The customer can place his order using the online order form integrated in the seller's online shop and thus accept the seller's offer. When ordering via the online order form, the customer, after entering the personal order data and clicking the button that completes the ordering process, gives a legally binding acceptance of the contract offer with regard to the goods contained in his shopping cart.
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2.3 The seller sends the customer a confirmation of the order by post or email.
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2.4 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. email) after sending his order along with these general terms and conditions. In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account, providing the relevant login details, provided the customer has created a customer account in the seller's online shop before sending his order.
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2.5 Before bindingly submitting the order via the seller's online order form, the customer can continually correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.
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2.6 Only the French language is available for concluding the contract.
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2.7 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
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3. RIGHT OF WITHDRAWAL
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Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the seller's cancellation policy (https://www.lepage.expert).
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4. PRICES AND PAYMENT TERMS
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4.1 Unless otherwise stated in the seller's product description, the seller's stated prices are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.
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4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may arise in relation to the money transfer even if the delivery does not take place to a country outside the European Union but the customer makes the payment from a country outside the European Union.
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4.3 Various payment options are available to the customer, which are specified in the seller's online shop.
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4.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract.
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5. DELIVERY AND SHIPPING TERMS
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5.1 Goods are delivered by shipping to the delivery address specified by the customer, unless otherwise agreed.
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5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipping. This does not apply if the customer exercises his right of cancellation by refusing acceptance, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless The seller informed him of the service a reasonable time in advance.
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5.3 The risk of loss or damage to the goods passes to the customer when he or a third party other than the carrier designated by the customer has taken possession of the goods. If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration in the case of a mail order purchase is transferred to a suitable transport person when the goods are delivered to the seller's place of business.
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5.4 If the customer acts as an entrepreneur, the seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not the fault of the seller and the seller has concluded a specific cover transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
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5.5 In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this email, the customer can collect the goods after consultation with the seller. In this case, no shipping costs will be charged.
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6. LIABILITY FOR DEFECTS
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6.1 If there is a defect in the purchased item, the statutory regulations apply.
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6.2 If the customer acts as an entrepreneur:
- An insignificant defect generally does not give rise to any claims for defects.
- The seller has the choice of the type of supplementary performance.
- The statute of limitations does not begin again if a replacement delivery is made within the scope of liability for defects.
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6.3 For entrepreneurs, the above limitations on liability and limitation periods in Section 6.2 do not apply to claims for damages and reimbursement of expenses that the buyer can assert under the statutory provisions due to defects in accordance with Section 7.
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6.4 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.
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6.5 If the subsequent fulfillment takes place by way of replacement delivery, the customer is obliged to return the goods that were first delivered to the seller within 30 days at the seller's expense. The defective goods must be returned in accordance with legal regulations.
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6.6 Excluded from return are all goods that have reached their expiry date, as well as all anti-Covid-19 products (PCR tests, serological tests and, above all, rapid tests).
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7) LIABILITY
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The seller is liable to the customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses.
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7.1 The seller is fully liable for any legal reason:
- In cases of intent or gross negligence.
- In the event of negligent or intentional injury to life, body or health.
- Based on a guarantee promise, unless otherwise regulated in this regard.
- Due to mandatory liability, such as under the Product Liability and Product Safety Act.
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7.2 If the seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability is granted in accordance with Section 7.1. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely.
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7.3 Otherwise, the seller's liability is excluded.
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7.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
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8. APPLICABLE LAW
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8.1 The law of the Grand Duchy of Luxembourg applies to all legal relationships between the parties, excluding the laws on the international purchase of movable property. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by provisions of the law of the country in which the consumer has his or her habitual residence.
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8.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
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9. JURISDICTION
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If the customer acts as an entrepreneur, a legal entity under public law or a special fund under public law with its registered office in the territory of the Grand Duchy of Luxembourg, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer is based outside the territory of the Grand Duchy of Luxembourg, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.