Terms of use
General conditions of online sale Pro Emotion Sàrl
- Introduction
These general conditions engage, on the one hand, Pro Emotion Sàrl, whose head office is located at L-9653 GOESORF, 5 Um weisse Steen and whose company number is B160342 (telephone +352.621 205 199 – email info@emotion-sarl.com , hereinafter referred to as “ PE ”). and on the other hand, any person (hereinafter referred to as “ customer ”) who wishes to purchase certain goods (hereinafter referred to as “ products ”) via the online sales site shop.emotion-sarl.com (hereinafter referred to as “ website ”). PE and the client are hereinafter jointly referred to as the “ parties ”.
The E-Shop only delivers to Luxembourg, France, Belgium, Germany, the Netherlands, Austria and Denmark.
These conditions apply only to natural persons and non-traders. The customer who wishes to make a purchase certifies that he is authorized to do so. Persons who are declared unfit under commercial law may under no circumstances make purchases on the Site. Consultation of the Site and the services offered there fall under the jurisdiction of the legal representative of the incapacitated person. This legal representative must comply with these provisions.
As for personal data, the legal representative must always complete the registration form himself or give the person declared incapacitated formal authorization to complete the aforementioned form,
provided that all provisions relating to personal data remain in force.
The parties agree that the legal relationships that exist between them are exclusively governed by this contract, to the exclusion of all the conditions previously mentioned on the site. If a rule is missing, reference will be made to the legal requirements for "distance selling" relating to market practices and consumer protection.
- Object
These conditions apply to online sales by PE. These conditions are intended to define the terms of sale between PE and the customer with regard to the order, the service, the payment and the delivery. They define the steps necessary to place an order and guarantee the follow-up of this order between the contracting parties.
- Order
The Customer has the option of ordering online via the shopping cart on the Site. The online order can only be processed if the customer has clearly identified himself.
In all cases, the identification of the customer must contain at least the following information, which the customer guarantees to be accurate and sincere:
- identification of the customer;
- the products selected with the article numbers mentioned on the site (the customer must check these before validating his order);
- the quantities requested;
- the information necessary for delivery. (refer to the paragraph concerning deliveries);
- the method of payment chosen;
The final confirmation of the order by the customer implies acceptance of the order at the fixed price. This customer confirmation serves as a signature and formal acceptance of all operations carried out via the site. Any online order presupposes acceptance of these general conditions of sale, prices and description of the product offered for sale.
An e-mail is automatically sent to the customer to confirm the order taking provided that the e-mail address indicated in the registration form does not contain an error.
PE undertakes to process orders placed on the site while stocks last. If the product or products are definitely no longer available, PE undertakes to inform the customer of this as soon as possible by e-mail. The shipment of the order is made after the supply of the stock and the times vary according to the availability of the Products from the manufacturers and/or the manufacturing times of the Products.
- Delivery
The delivery of the products takes place via the DPD dispatch service, by parcel post or by collection from our stores.
The delivery times mentioned by PE are only indicative and are therefore not binding. However, PE undertakes to deliver the products as quickly as possible. Non-compliance with the delivery times mentioned cannot, however, be invoked in any way to obtain compensation or a termination or breach of the sales contract.
When the customer collects the purchased products, he must present a valid identity document, otherwise the products cannot be returned to him. The pick-up location is located at 11 A, Am Roudebierg at L-9357 Bettendorf. The order remains available to the customer for 14 calendar days, after which the products are put back on sale.
- Price
All prices are inclusive of (Luxembourgish) VAT, expressed in EUR. The products are invoiced according to the price in force on the day the customer places his order.
Transport costs are not included. The parties accept that PE charges transport costs per order.
However, PE has the right to modify the prices advertised on the site if circumstances beyond its control lead to an increase in the price of the products, for example in the event of an increase in delivery costs, wages, social charges, transportation, etc.
The price of the order is the price mentioned on the site on the date the order is processed.
- Payment
Unless otherwise agreed between the parties, all sums due are payable in cash.
- Payment by bank transfer: before delivery to the bank account:
LU23 0030 4128 9092 0000, BIC/Swift BGLLLULL
- Online payment: payment through the PayPal secure site.
- Offline payment: payment in cash by the Customer on collection
Secure payment. All transactions through the site are 100% secure. PE uses PayPal for online payments. PayPal is one of the leading online payment system providers.
The non-payment on the due date of any sum due due to the agreement between PE and the client entails an increase in the amount in question, automatically and without prior notice, by conventional late payment interest of 12 % per annum, from the due date until the day of full payment.
In addition, the amount due will be increased, ipso jure and without prior notice, by a lump sum compensation of 15%, without prejudice to PE's right to recovery and/or payment of any legal costs and/or or recovery.
Non-payment, even partial, entails the payment of invoices not due, without any formality or formal notice.
- Right of withdrawal
The customer has a period of 14 working days from the date of delivery of the product, to withdraw from the contract, without penalties and without giving any reason.
PE undertakes to reimburse the customer for the amounts paid at least within 30 days from the date of withdrawal.
The return of refunded products is the responsibility of the customer.
After the 14-day period, the delivery is assumed to be accepted by the customer.
Order return address:
Pro Emotion Yachting. L-9653 GOESORF, 5 Um weisse Steen
Please contact us by phone: +352 621 205 199 or by e-mail: sales@emotion-sarl.com
Only products will be accepted in new and complete condition, returned in their original packaging and accompanied by your invoice. In order to ensure the follow-up of your package, please choose to make your return by a carrier with a tracking number.
For any change in size, color or model compared to your initial order, all shipping costs (return to PE and return home) are your responsibility.
If you return the package to us without a tracking number, we decline all responsibility in the event that the package does not reach us. No postal investigation can then be made.
Any product that has been damaged, or whose original packaging has been damaged, will not be refunded, or partially refunded.
- Appeal
PE is liable to the customer for any lack of conformity which exists when the product is delivered and which appears within a period of two years from this, in accordance with the law relating to the protection of consumers in the event of sale of consumer goods.
The customer is required to inform PE by registered mail with the order numbers of the existence of a lack of conformity within two months from the day on which he noticed the defect.
The parties agree that if the lack of conformity appears after a period of six months from the delivery of the goods, proof of the existence of the defect at the time of delivery must be delivered by
the customer.
The warranty is limited to the repair or replacement of the product free of charge (the cost of sending the goods and the costs associated with labor and materials) by PE within a reasonable time. PE reserves the right not to repair or replace the product if such replacement or repair would be impossible or disproportionate. A mode of compensation is considered disproportionate if it imposes costs on PE which, compared to the other mode, are unreasonable taking into account:
- the value that the good would have if there was no lack of conformity;
- the significance of the lack of conformity;
- the question of whether the other mode of compensation can be implemented without major inconvenience for the customer.
The customer has the right to demand from PE an adequate reduction in price or the avoidance of the contract if he is not entitled to repair or replacement of the goods, or if PE has not carried out the repair or replacement within a reasonable time. The parties accept that the customer does not have the right to demand the termination of the contract if the lack of conformity is minor.
All claims are waived if it turns out that the products have not been used correctly, that the directives and instructions for use of PE have not been followed or when it is established in a contradictory way that the defects do not are not attributable to a PE error.
- Billing Complaints
The parties accept that complaints relating to invoicing and/or other sums due will only be taken into consideration if they are sent to PE by registered letter within 7 days after the due date of the sum in question and provided that they be drafted in a detailed and precise manner.
However, the lodging of a complaint does not release the customer from his obligation to pay.
- Retention of title
PE retains ownership of all products delivered until full payment of all products delivered or yet to be delivered by PE, as well as any claims that PE has made or will assert in connection with the delivery of the products, as well as only any claims that PE may have against the customer due to any non-compliance with the general terms and conditions, including processing costs and administrative costs.
- Responsibility
Under no circumstances can PE be held liable for any consequential damages, for example loss of income, loss of goodwill, etc. PE's liability is in any case limited to the value of the product, regardless of the legal basis on which PE is held liable.
PE only has an obligation of means with regard to access to the site, the ordering system, delivery or other services.
PE cannot be held responsible for problems or damage caused by the use of the Internet (system failure, third party intrusion or virus) or by any fact considered as force majeure by the courts.
The products are delivered by the DPD dispatch service. PE is not responsible if the delivery time is exceeded because of the carrier. PE is also not responsible for lost items or strikes. The customer knows the risks of transport and if he has questions on this subject, he must address them to the carrier.
- Protection of private life
PE reserves the right to collect data about the customer, exclusively for internal use, both directly via the data provided by the customer when ordering and indirectly, for example via cookies.
In accordance with the law on the protection of privacy with regard to personal data, the customer always has the right to consult this data, modify it and delete it if he no longer wishes to receive information relating to our activities. . To this end, the customer can write to PE's customer service.
- Intellectual property
All elements of the PE site, both visual and sound, including the technology used, are protected by copyright, trademarks or patents, or more generally by intellectual property law. They remain the exclusive property of PE.
Customers who have their own website and who want to create an automatic link between their site and the PE home page must request formal authorization from PE, even if it is for strictly personal use. .
Any hypertext link that loops back to the PE site using the framing technique or in-line link is however strictly prohibited. Either way, PE can still demand that a link be removed.
- General
These conditions can only be modified by a written agreement, duly signed by PE and the client.
The invalidity of any provision of these conditions will have no influence on the validity of the other provisions of these conditions and will therefore not result in the invalidity of these provisions.
The customer acknowledges having read these general conditions and declares to accept all the provisions, conditions and prices.
The customer undertakes to notify PE of any change of address as soon as possible, by registered letter.
The contract is concluded between PE and the customer in the language of the site.
Only Luxembourg law is applicable to these general terms and conditions and to the legal consequences arising therefrom. Any dispute that may arise from these general terms and conditions falls within the jurisdiction of the court of Diekirch in the Grand Duchy of Luxembourg.