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General Conditions

Last updated on December 2023

The General Conditions of Sales (hereinafter “General Conditions” or “Terms and Conditions”) govern the commercial relations between (“Arthum Ent.”), established and having its registered office in the Luxembourg Trade and Companies Register under number A43804, (hereinafter “the Company”), and any natural person who is not a merchant from the time of his registration as a customer (hereinafter “Customer”) on the “www.arthum-ent.com” online sales website offered by the Company (hereinafter the “Site”).

The Terms and Conditions apply to all products and services offered by the Company through the Site.

They form, together with any other document to which the General Conditions refer and which can also be consulted on the Site, a contractual document.

The use of the Site is restricted to individuals who are not traders and are at least 18 years old. If there is no legal age for consuming alcohol, in the country/region in which the Customer is established, he/she must be over 21 years old.

The Terms and Conditions are applicable from the moment they are posted online. By registering on the Site and at the time of each order, the Customer acknowledges by a “click” having had access to the General Conditions, having read them, having understood the terms and accepting them in their entirety.

1. BECOMING CLIENT

Anyone wishing to make purchases via the Site must first identify themselves by filling out information request before final purchase allowing the completion of the given order. The information to be provided by the Customer must include the surname, first name, date of birth, telephone number, an e-mail address and a postal address for delivery and invoicing in the territory of the Grand Duchy of Luxembourg or any other country/region.

The Customer must fill in the mandatory information fields sincerely and exhaustively. The Customer’s refusal to fill in all mandatory information fields is tantamount to a refusal to complete the order through the Site.

The Customer may at any time consult the information kept by the Company following the placing of an order by sending an email to info@arthum-ent.com or by calling the Company at (+352) 2 799 7538.

The Company verifies the accuracy of the information provided by the Customer at the time of placing an order. It reserves the right to request, even later at the time of placing an order, additional data and information (in particular concerning the Customer’s identity and age).

The Company still reserves the right to refuse the placing of an order if the registration seems doubtful, in case of previous dispute with the interested party, or for any other legitimate reason.

The Customer’s registration is confirmed by the Company by sending an e-mail to the e-mail address indicated by the Customer containing a summary of the Customer’s data.

The Customer’s data provided upon the placing of an order allow the Customer to identify himself and any order made with this data is presumed to be made by the Customer personally. The confirmation selection (ticking the corresponding box by a “click”) is used as an electronic signature when the Customer confirms the order.

 

2. ELIGIBILITY TO PURCHASE

The products and services offered via the Site are reserved for individuals who are not traders and are at least 18 years old or, if there is no legal age for consuming alcohol, in the country/region in which the Customer is established, he/she must be over 21 years old. When registering on the Site, the Customer certifies on the honour to have 18 years completed or 21 years completed otherwise.

 

3. LIMITATION ON QUANTITIES

The Company reserves the right to limit the quantity of products of an order via the Site.

 

In case of limitation of an order, the Customer will be automatically informed by a message to this effect via the Site or by email to him/her directly.

In addition, the Company reserves the right to contact the Customer in the case of an important order to verify its accuracy.

4. CONTRACTUAL LANGUAGE

The General Conditions are written in English. All contractual relations with the Client will take place in English.

 

5. PRODUCTS

The products offered for sale on the Site are presented with their name, brand, content, nature, format and price.

The photographs, illustrations, texts and graphic representations of the products on the Site are only indicative and do not bind the Company.

The information on the Site relating to the products offered, including their price and description, may be modified, adapted, updated or withdrawn at any time.

6. ORDER REGULATIONS

Once the products have been chosen, the Customer places his/her order according to the instructions provided on the Site.

Product availability is displayed when placing the order. However, it is possible that a product cannot be delivered. The missing product is then deducted from the order and is not billed.

Simply adding a product to your cart is not worth booking or validating your order. The product chosen by the Customer may become unavailable between the time it is added to the cart and the confirmation of the order by the Company.

The Customer must choose the method of receipt of the order by opting either for delivery (“delivery mode”) or the withdrawal of the order by the Customer at the PickUp Location (i.e. defined under Contact section of the Site) (“pick up mode”). In the latter case, the Customer is informed of the availability of his/her order by email following the placement of order. He/she is informed of a range of time availability by default. In case such range of time availability does not suit the customer, he/she is offered the possibility to contact the Company to request additional time availabilities by email to info@arthum-ent.com.

When the customer opts for the delivery mode, he indicates a choice from the date(s)/time range(s)-displayed. He informs if necessary that the Company’s products are to be taken back. The delivery is undertaken by the Company in the Grand Duchy of Luxembourg. Any specific request are to be considered with the Company following the order on the Site and reception of confirmation email sent by the Company.

The products ordered, their price, the choice of reception mode (delivery mode or pick-up mode at the Company’s premises) and, in case of option for delivery mode, the date, time slot and delivery charges are the subject of a summary before the Customer is invited to confirm his order for acceptance. If on the summary the Customer detects an error in the information, he must click the “modify command” button. After the order has been modified and sent again, the Customer will receive a new order summary. If the information contained in the summary is correct, the Customer is asked to confirm his order.

The Customer must have read the General Conditions and accept them to place his order. If the Customer does not accept the General Conditions, he will not be able to validate his order.

After validation of the order by the Customer, the Company acknowledges receipt of the order by sending an e-mail to the Customer. However, the order does not become firm and final until the Company confirms the order through a new email.

The Company retains the right to refuse any order deemed doubtful. It still retains the right to refuse any order of a Customer in case of problems encountered with the latter in terms of payment (e.g. doubtful payment, refusal of authorization from officially accredited bodies, etc.), in case of incomplete order, in the event of a previous dispute with this Customer, or for any other legitimate reason.

7. PRICE

The prices of the products are displayed in euros (€) and correspond to the prices in force on the day of the consultation of the Site. Prices are inclusive of all taxes (including VAT) but do not include packing fees, deposit and delivery costs.

The price of the products, the packing costs, any deposit and delivery costs are entered in the summary of the order before it is confirmed by the Customer.

The Customer will be refunded the amount of the deposit of the products recorded at the time of the resumption of these products by the Company.

Unless displayed incorrectly, the prices of the products offered via the Site are guaranteed by the Company and the Company cannot be held responsible for such a display error.

The Company may change the selling prices of the products offered on the Site at any time without having to justify itself in advance.

The price charged to the customer cannot be changed after the validation of an order.

8. SHIPPING COSTS

Shipping costs are not included in the selling price of the products. These costs are determined at the end of the ordering process according to the choice of the method of receipt of the order by the Customer.

In the case of an option for the delivery mode, the delivery costs vary depending on the amount of the order in an effort to lower carbon footprint of the Company by reducing the travels needed for such delivery mode. They are entered in the order summary before it is confirmed by the Customer.

Only orders exceeding a minimum amount of EUR 180.- (excluding delivery charges) are available for delivery mode, free of charge of delivery.

9. RIGHT TO WITHDRAW

The Customer has the right to withdraw in writing, without giving any reason and without penalty, within fourteen working days from the signature of the receipt. He/she must return the products for which the right of withdrawal is exercised in their original presentation and in perfect condition at the latest within a period of fourteen clear days from the notification of the exercise of the right of withdrawal to the Company. The Customer shall bear the costs of return.

The Company reserves the right not to accept the return of the products if they are not returned in their original presentation and in perfect resale condition. Only products in perfect resale condition and in their original presentation will be refunded.

In the event of exercise of the right of withdrawal and fully accepted by the Company, the Company shall reimburse the Customer, at no cost to him, with the exception, where applicable, of the return costs, the total amount paid in payment of the order concerned as soon as possible and no later than fourteen days after the date on which the products have been returned to the Company. Beyond that, the amount due will be automatically interest-bearing at the legal rate in force. Repayment is made by any means of payment.

On the proposal of the Company, the Customer having exercised his right of withdrawal may however opt for another method of refund.

10. PAYMENT

The currency of the Site is the euro (€/EUR). All orders are payable in this currency.

Orders are payable by credit card only using Stripe' secure and accredited payment solution “Saferpay”, which protects against fraud and guarantees the confidentiality of the credit card number used for payment.

The credit cards accepted on the Site are Visa, Mastercard, Amex, ChinaUnionPay, Job, Diners, Cartes Bancaires, Discover, Electron and Maestro.

The Customers' bank card data will be encoded in a window secured by the payment operator and will not be transmitted to the Company. The Company is only informed by the Stripe Services operator, as applicable, of the validity or invalidity of the payment.

All orders are accepted only after validation of the Customer’s credit card by the payment operator. It is therefore up to the Customer to ensure the type of his credit card, its validity on the date of receipt and the sufficient coverage of the credit card. Subject to sufficient coverage, the amount of the order is not charged at the time of placing the order, the Company only requesting a simple authorization from the bank institution issuing the bank card used by the Customer as a guarantee. It is only after confirmation of the order by the Company that the bank card is debited from the total amount of the order received.

The Company cannot be held responsible for any damage suffered or problem encountered by the Customer by the effect of the use of the payment system(s) authorised on the Site.

11. SHIPPING

Products purchased via the Site are only delivered to addresses located in the Grand Duchy of Luxembourg unless otherwise notified by the Company on the Site. No deliveries will be made outside the Grand Duchy of Luxembourg unless otherwise notified by the Company on the Site. 

In case of unavailability on delivery of a product ordered by the Customer, the latter is informed as soon as possible. The product or products concerned are then not invoiced to the Customer and the Customer cannot claim any compensation.

Delivery is ensured by the Company at the delivery address indicated by the Customer when he completes his/her order on the Site and at the dates and time slot chosen by the Customer and included in the order confirmation of the Company.

All deliveries are accompanied by a delivery slip to be signed which includes the products delivered and the desired quantities. The products are deposited with the Customer according to the instructions given by the Customer. Upon delivery, the Customer will hand over to the delivery agent, if necessary, the products recorded. The returned products are filled in by the delivery person on a drain slip that the Customer also signs. The amount of the refunds is automatically deducted from the Customer’s final invoice.

The Company may not be held accountable in the event of late delivery or non-delivery of orders on the date and time-frame indicated by the Company. The Company then undertakes to contact the Customer and allow him the possibility of either getting delivered on a new date and a new time slot, or cancelling his order without right to compensation for the Customer. In the latter case, the Customer will be credited with any amount that may have already been charged to the Customer’s account in connection with the cancelled order.

In the event of the Customer’s absence, a notice of passage slip is left at the delivery address and an email is sent to the Customer to offer him a paid delivery or the possibility of picking up his order at PickUp Location (i.e. defined under Contact section of the Site) at a selected time choice given by email to the Customer.

In the event of an error in the Customer’s contact details indicated by him/her during his/her registration on the Site, the Company shall be relieved of all delivery obligations.

As from the signing of the receipt form by the Customer, all risks of deterioration and loss of the products received and the resulting damage pass to the Customer.

12. RECEIPT OF PRODUCTS, CUSTOMER COMPLAINT AND WARRANTY

12.1 The Customer undertakes to sign the receipt that is presented to him/her at the time of delivery of the products acquired by the Customer or the withdrawal of the said products by the Customer.

By signing the receipt, the Customer acknowledges that the listed products have been received and are in good condition.

12.2 The Customer may, in any case, rely on the legal guarantee of conformity of the product received and the guarantee against hidden defects arising from a defect inherent in the product received making it unfit for consumption.

In case of discovery of a non-conformity or a hidden defect, the Customer must, in order to assert its rights, denounce it in writing and within the legal deadlines to the Company.

The Company may then arrange the removal of the product(s) concerned at its own expense in order to examine them.

12.3 Subject to the valid denunciation of a defect of conformity of the product received or a defect hidden in the respect of the aforementioned stipulations, the Company guarantees either the replacement or the refund, any product actually non-compliant or vitiated to the exclusion of any other compensation.

Without prejudice to any mandatory legal provisions to the contrary, the Customer shall bear the full burden of proof as regards the conditions of opening to guarantee, and more particularly as regards the lack of conformity or defect, the time when the defect or defect was found, and compliance with the legal conditions and deadlines for denouncing the defect or defect.

In the event that the Customer opts for the refund, the Customer will be refunded within a maximum period of 14 days from the receipt by the Company of the defective or non-compliant product and any supporting evidence of the defect or defect. The refund can be made, with the agreement of the Customer, in the form of having for his future orders or by transfer to his account.

13. OWNERSHIP & TRANSFER OF OWNERSHIP

The delivered products remain the property of the Company until the total payment of the sum due by the Customer.

Failure to make valid payment may give rise to claims for products delivered by the Company. The provisions of this article do not prevent the transfer to the Customer of the risks of loss or deterioration of the products from their delivery or of damage that could result from it in accordance with the terms of article 11 above.

14. EXCLUSION OF LIABILITY

Without prejudice to any other limitation of liability provided for in the General Conditions or other contractual document binding the Customer to the Company or resulting from the application of law or jurisprudence, and without prejudice to any mandatory legal provisions to the contrary, the Company may in no case be held liable in the event of:

loss of data resulting for the Customer from the use of the Site or from electronic means of communication such as not exclusively email which could contain defects or viruses;

problem(s) related to the accessibility or availability of the Site;

the temporary or permanent termination or disruption of the Site or the services offered therein;

any harm or problem encountered by the Customer by the effect of using an authorised payment system on the Site;

failure to execute an order due to a case of force majeure, such as natural disaster, strike, or a legitimate impediment or reason attributable to the Customer (e.g. incorrect or incomplete delivery address, customer not found or absent, problems with payment, Customer’s questionable behaviour or dispute with Customer); 

defect(s) or defect(s) resulting from the improper retention, storage or use of the products by the Customer or other cause attributable to the Customer;

consequential, incidental or immaterial damage of any kind in connection with a defect or non-conformity of the products or misuse of the products by the Customer.

 

15. AMENDMENTS TO THE GENERAL CONDITIONS

The Company retains the right to modify these Terms and Conditions at any time. The changes are effective as soon as they are available on the Site. It is up to the Customer to consult the Terms and Conditions that he must accept before placing any new order through the Site.

The Company undertakes to apply, for each order placed by the Customer, the General Conditions in their version in force at the time the order is placed.

16. NOTIFICATION

Unless otherwise stipulated, any notification sent to the Company shall be sent by email to info@arthum-ent.com.

17. APPLICABLE LAW AND COURT OF COMPETENT JURISDICTION

These General Conditions are subject to Luxembourg law and all disputes concerning their application and interpretation will fall within the jurisdiction of the courts of Luxembourg City.

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