GENERAL TERMS AND CONDITIONS OF ONLINE SALES O-M
1. You are our customer
Hereinafter referred to as "you", "customer", "recipient", "buyer", or any other term referring to "you". As a customer, you may be an individual or a professional. We, Occasiounsmaart Sàrl, 5, ZAC Happerfeld, L-9806 Hosingen, commit to doing our best to satisfy you, in order to build a friendly and lasting relationship of trust. Thus, we are at your disposal and attentive to all your remarks. By placing an order, you acknowledge that you have the full legal capacity to be bound by these general terms and conditions of sale.
2. General terms and conditions of sale: what do they define?
Any order you place on our website is subject to these general terms and conditions of sale. These aim to define the sales regime and the rights and obligations arising therefrom. We inform you that the act of purchasing online accompanies the acceptance of these general terms and conditions of sale without the need for a handwritten signature. With each order, we invite you to familiarize yourself with the current version of these terms and conditions.
3. Online ordering: what are the traces of the sale made?
Unless proven otherwise, our computer records, kept under reasonable security conditions, will constitute proof of communications, orders, and payments made. We archive the baskets that have been converted into orders and the invoices on a reliable and durable computer medium, which can serve as legal proof. We do not transmit data to other companies except for the information necessary to ensure the smooth progress of your deliveries and customer relations. All our mandated partners guarantee through their compliance with the GDPR not to use any information for purposes other than the service for which they are mandated.
4. Offer conditions: product availability:
4.a. Our items and their prices are valid as long as they are visible on our site, within the limits of available stock. The displayed prices are valid subject to errors, whether human or computer-related. All physical products are stored in our warehouses. Our offers are valid subject to the availability of items, management errors, or force majeure. In the event of a stock shortage after receipt of your order, we will notify you by email or phone and we will endeavor to find an appropriate solution.
4.b. Our dematerialized items (e.g., gift vouchers) The amounts to be spent for the purchase of virtual or dematerialized items such as gift vouchers do not count towards reaching the threshold entitling you to free shipping.
5. Product identification: provided information:
The photographs, texts, graphics are of our own creation. No reproduction is authorized without written permission from Occasiounsmaart Sàrl. Our photos are not contractual.
6. Product marketing: offer compliance:
The products we offer comply with the legislation and standards applicable in Luxembourg. For any purchase intended for export outside the EU, it is your responsibility to check the legislation in force in the country concerned, whether for taxes, declarations, prohibitions, etc. Our liability cannot be engaged.
7. Information when ordering: information to be provided:
You are responsible for the information you provide us when placing your order, especially regarding your names, first names, company name (if applicable), billing and delivery addresses, email address, and mobile phone number. All merchants who provide us with their VAT number are required to inform us immediately of any changes to their contact details. We cannot be held responsible for your input errors and their consequences (for example, delays or delivery errors). In this context, the costs incurred for the repatriation and re-shipment of your order are at your expense.
8. Anti-fraud checks:
To ensure transaction security and prevent fraud in distance selling, we carry out random checks during the ordering process. It may happen that as part of such a check on an order for which we are awaiting payment by bank transfer, we ask you by email to provide us with proof of: residence (electricity, telephone or internet bill) and/or identity (national identity card, driver's license or passport). If we do not receive the requested documents, or if the documents submitted do not allow us to validate the buyer's identity and thus the integrity of the transfer, we refuse payment and cancel the order.
9. Means of payment.
To pay for your order, you have all the means of payment offered when finalizing your order by our partner Worldline: - Credit card (VISA and Mastercard) An order paid by credit card (Visa and Mastercard) is validated immediately.
10. Online payment: what security?
By paying for your order, you confirm that you have the necessary authorizations to use the payment method you are using. We certify that the details of your credit cards are encrypted according to PCI standards. At no time do we have knowledge of your credit card numbers.
Each issuing bank decides on the authentication method it provides to its cardholders.
11. Payment.
An order is considered settled when you have fully paid for the goods as well as your contribution to packaging costs.
12. Incomplete payment: what are the effects?
Orders for which you have selected payment by card are only taken into account when the amount has actually been received by us. We have the right to refuse shipment of an order not fully paid, or in the event of a dispute over payment regarding a previous order or incident. We retain full ownership of the goods until the full amount of your order, including fees and taxes, has been collected. Upon receipt of the goods, the risk is transferred to you. From that moment on, it is your responsibility to ensure their proper preservation.
13. Delivery.
We are not able to provide carriers with any information other than what you can provide when placing your order, or to request additional services. (No appointment scheduling, no call before delivery, no detailed description of the delivery location, no alternative address in case of absence, etc.)
Your responsibility: Provide complete and correct contact details and ensure that your order can be delivered to you without obstacles. An order returned to us due to an incorrectly or erroneously provided delivery address, mobile phone number, or email address, or a refused delivery without reason, or not collected from the collection point within the specified time frame, without serious fault on the part of the carrier, will be refunded to you based on the condition of the goods upon return, deducting our logistics fee. The logistics fee is €15.00 excluding VAT per parcel and only partially covers our costs for preparing, shipping, and receiving your order upon its return.
Carrier responsibility: To carry out delivery under the best conditions and within reasonable timeframes. In the case of a home delivery where the person in charge of delivery finds no one at the specified address, or the specified address is difficult to find, they may deposit the delivery at a collection point, with one of your neighbors, or in a secure location. For home deliveries, the delivery driver brings your goods to the ground floor, to the first door that locks. They are under no obligation to present themselves at the door of your apartment or house to deliver your package (even if it is on the ground floor).
Our responsibility: We are dependent on the two responsibilities mentioned above. We invest in their good coordination. We cannot be held responsible for delays. We are your contact person for delivery-related issues. We act as an intermediary between you and the carrier. Furthermore, we hold the economic responsibility for delivery. In the event of an incident, we will settle the financial