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 made available by the “Shop24 - Online Shopping in Luxembourg” team and declines all responsibility between Buyer and Seller.

2. Shop24, accessible under the URL (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 Purchaser has the obligation to comply with the General Conditions of Use (hereinafter "T & Cs") without restriction or reservation, and is materialized by a validation click 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 trader, craftsman, private person, as well as a natural person of full age, and conclude a membership contract with Shop24.

8. The Seller must complete and sign a “membership contract” provided by Shop24 and agree to the General Conditions by signing them and returning them to Shop24 by e-mail or post.

9. Access to Shop24's services 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. The Sellers are obliged to keep their data accurate and up to date on an ongoing basis, undertake to provide accurate and sincere information regarding their contact details and address, including data for the processing of payments, 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 the Sellers or unauthorized persons.

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

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

14. The Sellers have the possibility of offering their products or services, according to their choice, on a local, regional or even international scale.

15. Shop24 offers Sellers the technical possibility of publishing content in the form of Commercial Presentations, Product Presentations, images and moving 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 Purchaser, 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 the delivery options and the “Click & Grab” procedure with the Seller himself. 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 his legal obligations, with the obligations described in the General Conditions.

24. As soon as their orders are paid, the Seller undertakes to provide 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 made on the Shop24 Platform, the Seller is obliged to immediately inform Shop24.

27. Since the identification of persons on the Internet is only possible to a limited extent, the Seller is bound by an obligation of diligence regarding the identity of the Buyer and the information he provides. Shop24 does not guarantee the accuracy of the information provided when registering Users.

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 Purchaser undertakes to provide accurate and sincere information concerning his contact details and address, including data for the processing of payments, and to keep all this information up to date.

31. Orders for food items or other perishable products must be collected on the same day as the order is placed, and at the latest when the Seller's store closes. Orders placed within the last opening hour or outside store opening hours must be collected the next working day before the 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 regains title to 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.

32. The Buyer who has chosen the “Click & Grab” procedure undertakes to withdraw non-perishable Purchases by his own means within a maximum period of three (3) weeks following payment of the order, unless otherwise specified 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 item 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 charge of any recovery of any claim from the Buyer in his own name and for his own account. The Seller bears the risk of the irrecoverability of the Buyer's claim.

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. The delivery costs cannot be reimbursed to the Buyer.

37. Every Buyer has a legal guarantee of conformity in accordance with the legal provisions in force. Products that are defective or 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, instructions, etc.) in packaging allowing transport in good conditions, the shipping costs will be reimbursed to the Buyer on the basis of the invoiced price and the return costs will be borne by the Seller. The reimbursement 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 posted by other Buyers. The rating system thus facilitates purchasing decisions. Buyers undertake to provide only accurate information in the assessments provided and to comply with legal provisions. Shop24 cannot verify all reviews and assumes 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 unrelated to the execution of the contract, to be evaluated or to organize such an evaluation 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. The descriptions of products, works such as texts, photographs, graphics and videos used by the 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, copyright, trademark rights or personal rights. The Sellers must guarantee Shop24 that they have the rights necessary for the use and reproduction of the texts and photographs mentioned and / or trademark rights and / or the consent of the rights holder.

41. All 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 right in time and space 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 objective of providing the Services offered by Shop24 or Shop24 advertisements. 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 any responsibility, will hold Shop24 free and harmless against any third party claim, and will assume all the financial consequences and all the direct and indirect damages that may arise. would be suffered by Shop24 in this context, including legal costs. Shop24 cannot verify the legality of all content and downloads made by Users in the terms of the above paragraphs, and reserves the right to remove all or part of the content if it becomes aware of it (information from third parties ), to the extent that the content is illegal 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 General Conditions. All sales of goods the sale of which is prohibited by law, in particular stolen goods, child pornography and violent articles, narcotics, all items prohibited for sale to minors, the publication of the personal data of third parties, the use of Site for political or religious purposes, etc. are strictly prohibited on the Shop24 site. The examples in this list are not exhaustive.

44. Shop24 is not responsible for any prohibited use of the Services. The User is responsible 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 will reimburse at first request if Shop24 has to make it in advance, all the costs necessary for the advice and legal defense of Shop24. In addition, the user undertakes to provide Shop24 without delay with all the information necessary for the examination of complaints and their 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 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 filing 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 the Buyer and the Seller, Shop24 does not assume any warranty and / or liability for any obligations or damages resulting from the sale of products or services, terms of payment or delivery terms.

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

50. The user contract, 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 contract duration, the user contract will be extended for 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 term 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 company names, brands 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 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 the said Seller, his right of withdrawal, without having to justify reasons, nor to pay a penalty. In the event that the right of withdrawal is exercised 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 specified by the Seller. Returns must also be accompanied by proof of purchase and a copy of the invoice or delivery receipt 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 withdrawal form or declaration has been sent to the Seller, the Buyer must return the Product (s) concerned to the Seller within a reasonable period of 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 their 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.