General conditions of use and sale

[Disclaimer: This is an auto-translation. The only binding terms and condition text is the French version!]
Shop24 makes the platform available to Sellers and Buyers and declines all responsibility between Buyer and Seller.

1. The Shop24 site is an online commerce platform provided by the “Shop24 – Online Shopping in Luxembourg” team and declines all liability between Buyer and Seller.

2. Shop24, accessible under the URL www.shop24.lu (hereinafter the “Site”, the “Shop24 Site” or the “Shop24 Platform”), is an online commerce platform allowing Buyers to enter in relation to Sellers, offering products and / or services (hereinafter the “Product (s)”, “Service (s)” or “Purchase (s)”), inserted on the site.

3. The Buyer has the obligation to submit to the General Conditions of Use (hereinafter "GTU") without restriction or reservation, and is materialized by a click of validation when finalizing his purchase on the site .

4. Any exceptions to these T & Cs must be written and accepted by Shop24.

5. Shop24 reserves the right to modify these T & Cs at any time.

6. To access the Services of the Shop24 Platform, the Purchaser must be a natural person of full age or a legal person.
and must provide their personal details and an email address to Shop24 in order to finalize their online order.

7. To access the Services of the Shop24 Platform, the Seller must be a merchant, craftsman, private person, as well as an adult natural person, and conclude a membership contract with Shop24.

8. The Seller must complete and sign a “Membership Agreement” provided by Shop24 and agree to the Terms and Conditions by signing and returning them to Shop24 by email or post.

9. Access to the services of Shop24 is given to the Seller immediately after receipt of the membership agreement.

10. Each User undertakes to provide accurate, up-to-date and complete information when entering and / or registering on the Shop24 Platform.

11. Sellers are obliged to keep their data accurate and up to date on an ongoing basis, undertake to provide accurate and truthful information regarding their contact and address data, including data for payment processing, and to keep all their information up to date, and undertake to keep the password received secret, and Shop24 declines all responsibility in the event of fraudulent use of the site with passwords disclosed by Sellers or unauthorized persons.

12. The Seller undertakes to inform Shop24 immediately in the event of suspicion of unauthorized use or usurpation of his account.

13. Use of the Shop24 Platform is free for Buyers.

14. Sellers have the option of offering their products or services, according to their choice, locally, regionally or even internationally.

15. Shop24 offers Sellers the technical possibility of publishing content in the form of Commercial Presentations, Product Presentations, images and animated images on the Site.

16. Each User can order a product or service on the Shop24 site, and the Shop24 Platform transmits the orders made by Buyers to Sellers.

17. Shop24 sends the Seller and the Buyer an order confirmation, with order number, in the form of an e-mail summarizing the information provided by the parties when concluding the sales contract, such as the type and the number of Purchases, their descriptions, the Price to be paid by the Buyer, the amount of value added tax, the shipping costs and the method of payment.

18. Shop24 undertakes to guarantee the permanent accessibility of the Services. However, access to the Services may be temporarily limited or unavailable in the event of Site or server maintenance operations, Site developments or simple malfunctions.

19. Shop24 reserves the right to refuse or withdraw from the Site all or part of the Seller's Commercial Presentation that Shop24 deems under its sole authority to be unsuitable.

20. The Shop24 site provides Sellers with internal communication tools on the Site.

21. The Shop24 site offers Buyers the possibility of ordering products or services from Sellers on the Site.

22. The Shop24 site offers Buyers delivery options and the “Click & Grab” procedure from the Seller itself. The Buyer, or the person coming to withdraw the Purchase must keep the e-mail with the order number available in digital or printed form to prove to the Seller his right to withdraw or receive the Purchase.

23. The Seller undertakes to act in accordance with its legal obligations, the obligations described in the General Conditions.

24. As soon as their orders have been paid, the Seller undertakes to supply the products or services to the Buyers.

25. The Sellers are obliged to provide a complete and exact description of the products or services that they offer on Shop24. The description must reflect the essential characteristics of the products or services and may be accompanied by images allowing the Purchaser to represent the products or services in a fair and sincere manner.

26. In the event of cancellation of a purchase or exercise of the right of withdrawal, if the cancellation or the right of withdrawal has not been carried out on the Shop24 Platform, the Seller is obliged to inform Shop24 immediately.

27. Since the identification of persons on the Internet is only possible to a limited extent, the Seller is bound by a duty of care regarding the identity of the Buyer and the information he provides. Shop24 does not guarantee the correctness of the information provided during User registration.

28. Under no circumstances may the data provided by the Buyer within the framework of the Shop24 Platform, such as his name, address and e-mail address be used for advertising purposes, unless the Buyer agrees explicit. The Sellers are obliged to comply with the applicable legal provisions in terms of data protection defined in the General Conditions available on the Site.

29. The Seller acknowledges having read and accepts the special provisions applicable specifically to Sellers of the Shop24 Platform set out in the T & Cs.

30. The Buyer agrees to provide accurate and truthful information regarding its contact and address data, including data for payment processing, and to keep all such information up to date.

31. Orders of food items or other perishable products, the order must be withdrawn the same day of the order, and at the latest at the closing time of the Seller's store. Orders placed within or outside of store opening hours must be picked up the next business day before store closes, unless otherwise specified by the Seller. If the Buyer does not collect the perishable goods within the next business day, the Purchase is terminated, the Seller recovers ownership of the products or services and retains the amount paid by the Buyer as compensation. The Purchaser may not claim any reimbursement or compensation in the event of the application of this article.

32. The Buyer who has chosen the "Click & Grab" procedure undertakes to collect non-perishable Purchases by his own means within a maximum period of three (3) weeks following payment of the order, unless otherwise indicated by the Seller. .

33. The Buyer will receive a reminder after two weeks. If, despite the reminder, the Buyer does not withdraw the Purchase within the aforementioned period, the Purchase is terminated at the end of three weeks following the payment of the order, the Seller recovers the ownership of the products or services and retains the amount. paid by the Buyer as compensation. The Purchaser may not claim any reimbursement or any compensation in the event of application of this article.

34. The acceptance of the order by the Seller creates a sales contract between the Seller and the Buyer having as its object the purchase of one or more products or services with transfer of ownership, with the obligation for the Buyer to pay the agreed Price to the Seller.

35. The Seller is obliged to provide the Buyer with an invoice for the price of the order. The price of the article must be paid immediately by the Buyer and before any delivery of the product or service. The Seller remains the holder of his claim for the Price of the order and retains the responsibility for the possible recovery of any claim of the Buyer in his own name and for his own account. The Seller bears the risk of non-recoverability of the Buyer's debt.

36. In the event of cancellation of an order, if such a possibility can be offered to the Buyer, the relevant legal provisions apply and the contract between the Buyer and the Seller will be canceled retroactively. Delivery costs cannot be reimbursed to the Buyer.

37. All Purchasers have a legal guarantee of conformity in accordance with the legal provisions in force. Defective products or products that do not correspond to the order or description of the product will be reimbursed by the Seller, exchanged or repaired at the Buyer's choice, unless the repair or exchange is impossible or generates disproportionate costs for the Seller. In this context, the products must be returned to the Seller in the state in which they were received with all the elements (accessories, manuals, etc.) in packaging allowing transport in good conditions, the shipping costs will be reimbursed to the Buyer on the basis of the price invoiced and the return costs will be borne by the Seller. The refund will be made by re-crediting the means of payment used when ordering or by means of a discount voucher on the purchase of another product.

38. The Shop24 site allows Buyers to evaluate the performance of Sellers by means of a rating system after the execution of the contract and to evaluate the content published by other Buyers. The rating system thus facilitates purchasing decisions. Buyers undertake to provide only accurate information in the evaluations provided and to comply with legal provisions. Shop24 cannot verify all reviews and takes no responsibility for the content of reviews. Under no circumstances may the evaluation system be used against its objectives. In particular, it is forbidden to claim facts that are inaccurate or extraneous to the performance of the contract, to have oneself assessed or to organize such an assessment by a third party.

39. The administrators of the Shop24 site reserve the right to delete all or part of the evaluations, if Shop24 is aware of it in any way whatsoever, which would have objectionable content.

40. Descriptions of products, works such as text, photographs, graphics and videos used by Sellers to describe their activities, their Business Portfolio, their products or services must not infringe the rights of third parties, in particular the intellectual property rights, copyrights, trademark rights or rights of persons. Sellers must guarantee to Shop24 that they have the necessary rights to use and reproduce the texts and photographs mentioned and/or trademark rights and/or the consent of the rights holder.

41. Any publications of products or services, texts, photographs, images of people, videos, graphics, etc. on Shop24 by the Sellers grant Shop24 the free, non-exclusive, unlimited in time and space right to use them (totally or partially) worldwide for the provision of the Services offered by Shop24 or for the advertising of these Services on the Internet, on all mobile applications, on posters, in all printed media of all kinds, on television and radio (right of representation and communication to the public, right of adaptation, distribution, reproduction under all forms, distribution, broadcasting) as well as the right to modify or redesign the works and the right to assign these rights to third parties insofar as this is necessary to achieve the purpose of providing the Services offered by Shop24 or advertisements from Shop24. Images of people may not, however, be used for advertising by Shop24, unless the Seller has written permission for such use.

42. The Sellers must guarantee and declare that they have the rights set out in article 41 and release Shop24 from all liability, will hold Shop24 harmless against any claim by third parties, and will assume all the financial consequences and all the direct and indirect damages which would be incurred by Shop24 in this context, including legal costs. Shop24 cannot verify the legality of all content and uploads made by Users under the terms of the above paragraphs, and reserves the right to delete all or part of the content if it becomes aware of it (information from third parties ), to the extent that the Content is unlawful or constitutes prohibited Content or prohibited activity within the meaning of Section 41.

43. Users are obliged to ensure that their behavior on the Shop24 Platform complies with applicable laws and the Terms and Conditions. All sales of goods whose sale is prohibited by law, in particular stolen goods, child pornography and violent articles, narcotics, all articles prohibited for sale to minors, the publication of personal data of third parties, the use of the Site for political or religious purposes, etc. are strictly prohibited on the Shop24 website. The examples in this list are not exhaustive.

44. Shop24 is not liable for any prohibited use of the Services. The User is liable for all claims that other users or third parties may assert against Shop24 due to the prohibited use of the Services of the Shop24 Platform, as described in a non-exhaustive manner in the list and in articles 41, 42 and 43. And the user assumes and/or reimburses on first request if Shop24 has to advance them, all the costs necessary for the advice and legal defense of Shop24. In addition, the user undertakes to provide Shop24 without delay with all information necessary for the examination of complaints and its defense in the event of complaints by third parties.

45. Shop24 reserves the right to block and/or terminate the contract without notice, in the event of violation of the legal provisions, the rights of third parties or the General Conditions, and to warn the User, to limit the use of the site Shop24, to exclude the user from using the site and to take any other necessary or useful legal measures, such as the filing of a criminal complaint, and all this at the sole discretion of Shop24, even if the law or the regulations in force do not require it.

46. Blocked users are prohibited from logging in with another User account or from using the Services with any other User account.

47. Users are responsible for all activities carried out from their User account on the Shop24 site.

48. Shop24 is not involved in the contractual relationship between Buyer and Seller, Shop24 assumes no warranty and/or liability for obligations or damages resulting from the sale of the products or services, payment terms or delivery terms.

49. Shop24 cannot guarantee Users any operational availability of the Services and is subject to an obligation of means.

50. The contract of use, which can be terminated at any time by e-mail, is a fixed-term contract for a minimum period fixed between the Seller and Shop24 at the conclusion of the membership contract. After the expiration of the minimum duration of the contract, the contract of use will be extended according to the duration desired by the Seller. Shop24 has the same right of termination at any time.

51. All texts, comments, illustrations, works and images reproduced or represented on the site are strictly reserved under copyright as well as intellectual property, for the entire duration of protection of these rights and for the whole world. Any reproduction or total or partial representation of the Site or of all or part of the elements found on the Site is strictly prohibited. The corporate names, trademarks and distinctive signs reproduced on the Site are protected under trademark law. The reproduction or representation of all or part of one of the aforementioned signs is strictly prohibited and must be subject to the prior written authorization of the trademark holder.

52. For information on the protection of Users' personal data, Shop24 invites you to consult the “Confidentiality Policy” and the “Shop24 Platform cookie management policy” available on the Site.

53. The Shop24 site is subject to an SSL encryption security system and uses all scrambling and encryption processes to protect as effectively as possible all sensitive data related to the means of payment used on the Site.

54. Shop24 reserves the right to unilaterally modify the General Conditions at any time, in particular in the event of modifications to the Services. Users will then be informed by email of these changes and users will then have a period of one month, from receipt of this notification, to notify their desire to terminate their membership in the Shop24 platform, if they do not wish to be bound by the General Conditions. In the absence of such notification within this period, Users will have validly accepted the modification of the General Conditions.

55. Disputes on Shop24 between the Buyer and the Seller are settled directly, if necessary, using the messaging tool made available to them on the Service or by any other means, without any liability on the part of Shop24, including in case of unavailability of the messaging tool.

56. In accordance with article 14 of Regulation (EU) n ° 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals. of the European Union: Resolve your consumer complaint

57. In accordance with the legal provisions in force, in the context of a purchase made from a professional Seller, the Buyer has a period of fourteen days from receipt of the products ordered or from the day of the conclusion of the contract with regard to service contracts to exercise, with said Seller, his right of withdrawal, without having to justify reasons, nor to pay a penalty. In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Buyer, unless otherwise indicated by the Seller. Returns must also be accompanied by proof of purchase and a copy of the invoice or purchase delivery note for optimized management. In accordance with the regulations in force, the right of withdrawal cannot be exercised for certain goods and services listed in article L. 222-9 of the Consumer Code.

58. The Buyer exercises his right of withdrawal directly from the Seller concerned via the messaging tool made available as part of the Service available on the Site or by any other means. Once the form or the declaration of withdrawal has been sent to the Seller, the Buyer must return the Product(s) concerned to the Seller within a reasonable time and, at the latest, within fourteen days following the communication to the Seller of the decision of the Buyer to retract.

59. The General Conditions are governed by the law of the Grand Duchy of Luxembourg. Any dispute relating to their interpretation and/or execution falls within the jurisdiction of the court of the registered office of Shop24, unless mandatory legal provisions grant the Buyer the jurisdiction of other jurisdictions.