Terms and conditions
(automatic translation of the French and sole legal version)
The present terms and conditions are concluded on the one hand by the company La Cornerie du Luxembourg SàRL-S, with a share capital of € 1,000, whose registered office is located at 17, rue de Munsbach, L-6941 NIEDERANVEN, LUXEMBOURG, registered in the Luxembourg Business Register under the number B246426 hereinafter referred to as "Eenhar®" and managing the Eenhar website (https://www. eenhar.lu), or its manager, hereinafter referred to as "the seller" and, on the other hand, by any natural or legal person wishing to make a purchase via the Eenhar website https://www.eenhar.lu, hereinafter referred to as "the buyer".
Article 1. Object
The present sales conditions aim at defining the contractual relations between Eenhar® and the buyer and the conditions applicable to any purchase made through the Eenhar website (https://www.eenhar.lu). The acquisition of a product through the present website implies an acceptance without reserve by the buyer of the present conditions of sale which the buyer acknowledges to have read before ordering. Before any transaction, the buyer declares on the one hand that the purchase of products on the Eenhar website (https://www.eenhar.lu) is limited to a strictly personal use and cannot engage the responsibility of Eenhar® in the consequences that could result from a professional and/or inappropriate use, and on the other hand to have the full legal capacity, allowing him/her to commit himself/herself under the present general sales conditions.
The Eenhar® companykeeps the possibility to modify at any time these sales conditions, in order to respect any new regulation or in order to improve the use of its website. Therefore, the applicable conditions will be those in force at the date of the order by the buyer.
Article 2. Products
The products offered are those that appear on the Eenhar website (https://www.eenhar.lu) of the Eenhar® company, within the limits of available stocks. The Eenhar® company reserves the right to modify at any time the range of products. Each product is presented on the website in the form of a description of its main technical characteristics (use, material used for the manufacture, possible variant of the product). The photographs are as accurate as possible but are not binding on the Seller. The sale of the products presented on the Eenhar website (https://www.eenhar.lu) is intended for all buyers residing in countries that fully authorise the entry of these products on their territory.
Article 3. Prices
The prices appearing on the product sheets of the internet catalogue are prices in Euros (€) including all taxes (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. The Eenhar® company reserves the right to modify its prices at any time, but it is understood that the price indicated in the catalogue on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery costs, which are charged in addition to the price of the products purchased, depending on the total amount of the order.
The shipping costs, depending on the quality of the service (speed and tracking) chosen by the buyer and the country of shipment, will be clearly detailed on the shop of the Eenhar website (https://www.eenhar.lu) and can be updated at any time, according to the tariffs of the different carriers; they will be offered from a minimum amount of € 150,00 of purchases, in simple tracking without signature.
Article 4. Ordering and payment terms
To place an order on the Eenhar website (https://www.eenhar.lu), it is possible, but not compulsory, to create a customer account, which allows to facilitate and accelerate the purchase procedure during possible re-orders. The account creation section is accessible directly from the menu bar. At each visit, the buyer, if he wants to order or consult his account (orders status, profile...), will be able to identify himself with this information. The Eenhar® company offers the buyer to order and pay for his products in several steps, with 3 payment options to choose from:
- Cash payment (only on appointment): the buyer selects the products he wants to order in the "basket", modifies if necessary (quantities, references...) and fills in his contact details and his billing address. Then, the buyer chooses the payment method of his choice: "Cash payment". At the next step, he/she checks all the information, takes note of the present general sales conditions and accepts them by ticking the corresponding box to validate his/her pre-order by clicking on the button "Validate the basket", then contacts the seller by means of the contact links on the Eenhar website (https://www.eenhar.lu) to agree on a meeting place at the seller's convenience and according to his/her exclusive availability. In this case, there are obviously no shipping costs. Upon validation, the buyer receives an order form confirming the registration of his order. The payment in cash and in person against delivery of the ordered articles forms the final conclusion of the contract. Once the transaction has been finalised, the buyer receives an electronically paid invoice the same day. If it proves impossible to arrange an appointment, whether by the seller or the buyer, the pre-order may, at the buyer's convenience, simply be cancelled or converted into an order payable online, which will then include the applicable shipping costs as mentioned in article 3 of these general conditions.
- Payment by bank transfer: the buyer selects the products he/she wishes to order in the "basket", modifies if necessary (quantities, references...), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice: "Payment by bank transfer". Finally, the last step offers the buyer to check all the information, to read and accept the present general terms and conditions of sale by ticking the corresponding box, and then invites the buyer to validate the order by clicking on the "Confirm my order" button. This last click constitutes the final conclusion of the contract. As soon as the order is validated, the buyer receives an order form confirming the registration of the order. In order to finalise his payment and to start the processing of his order, the buyer must make (or have made by his bank) the transfer corresponding to the amount of his order to the bank account of Eenhar®, whose details are communicated to the buyer. As soon as the transfer is received, the order will be processed and the buyer will be informed by e-mail. Eenhar® will send the products in principle on the working day following the receipt of the transfer corresponding to the order. If the seller, who is the only staff member of Eenhar®, is momentarily unable to send the products within this period, either because of illness, travel or annual leave, he will inform the buyer as soon as possible. This impossibility due to absence, and the delivery times to be expected, will however be displayed on the page of the online shop and clearly visible before the validation of the order.
- Secure payment by PayPal or credit card (via the Stripe system): the buyer selects the products he/she wishes to order in the "basket", modifies if necessary (quantities, references...), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice: "Payment by PayPal". The next step is to check all the information, read and accept the present general terms and conditions of sale by ticking the corresponding box, and then confirm the order by clicking on the "Confirm my order" button. Finally, the buyer is redirected to the secure PayPal interface in order to safely enter their PayPal account or personal credit card details. If the payment is accepted, the order is recorded and the contract is definitively formed. Payment by PayPal account or credit card is irrevocable. In the event of fraudulent use of the card, the buyer may demand the cancellation of the payment by card, and the sums paid will then be credited back or refunded. The responsibility of the bank card holder is not engaged if the disputed payment has been proven to have been made fraudulently, at a distance, without physical use of the card. To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must dispute the debit in writing with his or her bank within 70 days of the transaction, or even 120 days if the contract linking him or her to the bank so provides. The amounts debited will be reimbursed by the bank within a maximum of one month after receipt of the cardholder's written objection. The holder shall not be charged any costs for the return of the sums.
Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge thereof and waiver of the right to invoke one's own terms and conditions of purchase. All the data provided and the recorded confirmation shall be considered proof of the transaction. If the buyer has an e-mail address and if he/she has given it on the order form, Eenhar® will send him/her an e-mail confirming the registration of his/her order.
If the buyer wishes to contact the Eenhar® company, he can do so either by mail at the following address La Cornerie du Luxembourg SàRL-S / 17, rue de Munsbach / L-6941 NIEDERANVEN / LUXEMBOURG; or by e-mail at the following address: contact@eenhar.lu, or by means of the contact links accessible on the Eenhar website (https://www.eenhar.lu), or by telephone (or WhatsApp) at +352 621 212 740.
Article 5. Property reserve
The Eenhar® company keeps the full and complete property of the sold products until the full payment of the price, in principal, expenses and taxes included.
Article 6. Withdrawal
According to the Grand-Ducal Regulation of 2 April 2014 on the Consumer Code, the buyer has a period of fourteen working days from the delivery of his order to exercise his right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for the return costs.
Article 7. Delivery
Deliveries are made to the address indicated on the order form, which can only be in the agreed geographical area. Orders are normally sent by Post LUXEMBOURG, by ordinary registered mail, or by DHL Express Easy if the buyer specifically requests this before placing the order. Other urgent shipping services may be used in addition, which may be agreed in advance with the buyer, and are at the buyer's exclusive expense. Delivery times are given as an indication only; if they exceed thirty days from the order, the sales contract may be terminated and the purchaser reimbursed. The company Eenhar® will provide the buyer with the tracking number of his parcel by e-mail, if there is one in the delivery option chosen by the buyer at the time of purchase. The purchaser shall be delivered to his/her home by his/her postman or by the international courier service chosen by the purchaser at the time of purchase. If the buyer is absent, he will receive a notice of passage from his postman or the deliveryman, which allows him to collect the products ordered according to the terms indicated on the notice of passage. The risks related to the transport are at the buyer's charge from the moment the articles leave the premises of Eenhar®. The buyer is obliged to check the condition of the packaging and the contents of the goods on delivery in the presence of the postal agent or the deliveryman. In case of damage during transport, any protest must be made to the carrier within three days of delivery.
In the case of payment of the order in cash (cf. Art. 4 of these general terms and conditions of sale), with prior appointment, the articles will be handed over in person in exchange for the cash. As the meeting place is determined by the seller, no delivery costs apply in this case.
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Article 8. Guarantee
All products supplied by Eenhar® benefit from the legal guarantee provided by articles L. 212-3 to L. 212-9 of the Consumer Code, extended to a duration of one calendar year. In case of non conformity of a sold product, it can be returned to the Eenhar® company which will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by post to the following address: La Cornerie du Luxembourg SàRL-S / 17, rue de Munsbach / L-6941 NIEDERANVEN / LUXEMBOURG or by e-mail to contact@eenhar.lu.
Article 9. Responsibility
The Eenhar® company is only bound by an obligation of means in the distance selling process. Its responsibility cannot be engaged for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, break in service, or other involuntary problems.
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Article 10. Intellectual property
All the elements of the Eenhar website (https://www.eenhar.lu) are and remain the exclusive intellectual property of the Eenhar® company. Nobody is allowed to reproduce, exploit or use for any reason whatsoever, even partially, elements of the site whether they are in the form of photo, logo, visual or text, unless explicitly authorised in writing by Eenhar®.
Article 11. Personal data
The Eenhar® company undertakes to preserve the confidentiality of the information provided by the purchaser, which he/she may be required to transmit for the use of certain services. Any information concerning him/her is subject to the provisions of the law n° 686 of August 16, 2018. As such, the Internet user has the right to access, modify and delete information concerning him/her. They may request this at any time by mail to the following address La Cornerie du Luxembourg SàRL-S / 17, rue de Munsbach / L-6941 NIEDERANVEN / LUXEMBOURG or by e-mail to contact@eenhar.lu.
Article 12. Settlement of disputes
The present conditions of distance selling are subject to Luxembourg law. For all disputes or litigation, the competent court will be that of Luxembourg.