The Customer declares having been able to access these General Terms and Conditions (as defined below), to have read all the provisions of the General Terms and Conditions and to expressly accept them without limitation or reservations.
2. Definitions
2.1 Capitalized terms used herein have the meaning assigned to them in this clause unless they are otherwise defined or the context otherwise requires:
- Customer : means a customer of the Vendor, who has placed an order for one or more Products sold by the Vendor.
- Order : any order placed by the Customer according to article 5 of the General Terms and Conditions.
- General Terms and Conditions : means these General Terms and Conditions of Sale made available to the Customer on the Platform
- Contract : means the contract concluded between the Customer and the Vendor following the acceptance of the Customer's Order by the Vendor according to article 5.4 of the General Terms and Conditions.
- Platform : means the platform operated by the Vendor.
- Products : means the products sold by the Vendor on the Platform.
- Services : means all installation services, as well as all services connected to these services.
- Site : means the website of the Platform https://www.shop.stage48.lu.
- Vehicle : means the Customer's vehicle forming the subject of the Services.
- Vendor : means the vendor of the Products, namely the company:
2.2 Words written only in the singular also include the plural, and vice versa.
3. The products offered
3.1 Products
The Products offered for sale by the Vendor are intended for private customers, who are consumers within the meaning of the Consumer Code (Code de Consommation), and having their principal residence in the Grand Duchy of Luxembourg.
The Vendor will indicate on the Site, the vehicles and models which are compatible with the Products. The Vendor however will assume no liability for the compatibility of the Products with the Vehicle. The Customer therefore acknowledges that it is their responsibility to ensure that the Products thus ordered are compatible with their Vehicle.
3.2 Guarantee
The Products purchased by a consumer are guaranteed according to the methods provided in articles L. 212-1 to L. 212-9 of the Consumer Code, relating to the conformity guarantee and, if necessary, according to the terms specified in an agreement between the parties.
4. Registration/identification of the Customer
The Customer can choose between ordering as a guest or follow a registration procedure, enabling him to create their personal account.
By accepting the General Terms and Conditions, the Customer who is a natural person declares in particular that they have reached the age of at least 18 years. They acknowledge that access to the services offered by the Vendor is reserved only for natural persons having the capacity to perform legal acts.
In any case, the Vendor cannot be held liable in the case of (i) erroneous information, (ii) a loss or (iii) dishonest use resulting thereof.
4.1 Guest checkout
When the Customer places their Order as a guest, they fill in the form made available to them by the Vendor, faithfully, accurately and truthfully. The Customer is solely responsible for the data entered.
4.2 Registration of the Customer
Registration is free. At the time of registration, the Vendor asks the Customer to fill in a form, to create a username and a password. Filling in this form is compulsory to create an account, and any information entered must be truthful.
Each Customer is solely responsible for updating their data themselves. Passwords are encrypted and non-accessible to the Vendor. The password is strictly personal. The Customer is solely responsible for their username and their password.
The Customer has a tool on the Site, enabling them, if needed, to change their address, or their password. If the Customer has forgotten their password, they can use the "forgot password" function, to recover their password. By clicking on the "forgot password" button, and by entering their email address, the Customer accepts that an email including a link to recover their password will be sent. If the email address entered does not match an existing account, no email will be sent.
The username and the password are the ID to login next time to the Site, and any Order placed by using these data are presumed to come from the Customer.
5. Order
5.1 Order selection
The Customer concludes the Contract with the Vendor, the accurate name and address of which are outlined in the Contract, which will be displayed to them before finally validating their Order according to article 5.3.
The Customer creates a basket and adds the chosen Products to his selection by clicking on the “Add to basket” button. The Customer has the choice to order certain products with installation. In this case, the provisions of article 11 apply to the Customer's Order.
If the Customer chooses to have the Products delivered, they must give an address in the Grand Duchy of Luxembourg.
If the Customer has completed their basket, they must confirm their basket by clicking on the " CHECKOUT" button.
The Customer then identifies himself with their username and their password according to article 4 of the General Terms and Conditions.
5.2 Order registration.
The Customer fills in the information necessary for the correct delivery of their Order, then is asked to carefully read the General Terms and Conditions before clicking "continue". The Customer must then select the necessary payment information for the Order.
5.3 Final validation of the Order
At the end of the Order process, the Customer acknowledges that they are aware of and accept the General Terms and Conditions by ticking the box provided for this purpose.
The Order details will be provided in an order summary, which the Customer is asked to confirm. The Customer remains solely responsible for the accuracy and for the truthfulness of the data to be entered.
The Customer finally validates their Order and confirms their obligation to pay, by clicking on the "Order with obligation to pay" button.
The online payment menu hosted on the secure site of Stripe Payments Europe, Limited or PayPal™ will then be launched according to article 7 of the General Terms and Conditions.
The Order constitutes a final and binding commitment of the Customer, subject to the provisions of the General Terms and Conditions.
5.4 Order confirmation
Orders are processed only after receipt of the Order and collection of the payment corresponding to the total invoice amount. Any Order which is paid for securely by credit card which is not confirmed within a 48-hour timeframe after validation of the Order by the Customer, will be automatically cancelled.
Within 24 hours after receipt of the Order, the Customer receives an automatic acknowledgement email sent to the email address given by the Customer, confirming that the Vendor has received their Order. This confirmation email does not constitute an acceptance of the Order.
The Order is accepted, when the Vendor confirms the Order by sending an express Order confirmation within three (3) working days.
The acknowledgement receipt and/or Order confirmation is to be kept by the Customer, and constitutes proof of the Order and conclusion of the Contract between the parties. The Vendor systematically proceeds with archiving proofs of Order and invoices.
5.5 Order Refusal
The Vendor reserves the right to not accept an Order and to refuse confirming it for objectively justifiable reasons. The Vendor will inform the Customer in case of refusal by email.
6. Price
6.1 Unless otherwise provided by the Vendor during the final validation of the Order, the prices are detailed in euros, including applicable taxes (VAT and other taxes applicable on the Order date), including processing costs and, if necessary, transport costs. The applicable VAT rate is calculated based on the item, the qualification of the Customer and the place of delivery.
Any particular transport requests in relation with the delivery of a Product are subject to a separate agreement and invoice, without any reduction of the Product's price. The payment for these transport costs must be settled before providing the particular transport requested.
When the Customer orders a Product with installation pursuant to article 11, an estimation of the installation costs per Product will be provided to the Customer at the time of establishing the basket. The payment of said installation costs corresponds to an advance payment made on the installation costs and any possible balance will be invoiced to the Customer after the installation. By ordering Products with installation, the Customer expressly acknowledges and accepts that in accordance with according to article 14.5 of these General Terms and Conditions they lose their right of withdrawal after the installation has been realised.
6.2 The Vendor reserves the right to modify their prices at any time, but the ordered Product will be invoiced based on the price applicable on the Site at the time of the Order, and subject to availability.
6.3 In case of apparent error in displayed price(s), the Vendor reserves the right to cancel the Contract. In this case, the Vendor will inform the Customer as soon as possible. The Order will be automatically cancelled and the Customer will be refunded within thirty (30) days following the Vendor's notification.
7. Payment
7.1 The payment will occur after final validation of the Order, and must be made by credit card online (Visa or Mastercard) or PayPal. The Customer selects the payment means of their choice.
The Vendor makes available the secure system, Stripe Checkout™ of the company Stripe Payments Europe, Limited and PayPal™ of the company PayPal (Europe) S.à r.l. et Cie, S.C.A.
Data relating to customers' credit cards will be encoded in a secure window by Stripe Checkout™ and/or PayPal™ and are not transmitted to the Vendor. The Vendor will only be informed by Stripe Payments Europe, Limited and/or PayPal (Europe) S.à r.l. of the validity or the invalidity of the payment. The Vendor will not be held liable for payments made by the Customer through Stripe Checkout™ of Stripe Payments Europe, Limited and PayPal™ of the company PayPal (Europe) S.à r.l. et Cie, S.C.A.
Orders are processed only after confirmation of the payment matching the invoice amount.
In case of refusal of payment by Stripe Payments Europe, Limited and/or PayPal (Europe) S.à r.l. et Cie, S.C.A., the Order will be automatically cancelled.
7.2 Any payment transactions by the Customer must be made by a financial institution of the European Economic Area, and respective charges for this must be covered by the Customer.
7.3 The Customer accepts that all communications and invoices will be sent electronically. The invoice will be sent to the Customer by email after confirmation of the Order and acceptance of its payment.
7.4 When the Vendor has a legitimate suspicion that the sums received by the Customer or third party form the subject of criminal activity outlined by article 506-1 of the Luxembourg Penal Code (Code penal), the Vendor reserves the right to cancel the Contract.
7.5 In case of cancellation of the Contract or of withdrawal in accordance with article 14 of these General Terms and Conditions, the refund for orders paid for by credit card will be carried out by credit system of the sums due onto the credit card with which the payment has been made, or via PayPal™ if the payment had been made by PayPal™.
8. Transfer of ownership and transfer of risk
8.1 The Vendor reserves the ownership of the Products ordered until payment of the total sums due.
8.2 The Customer assumes, from receipt of the Products, the risk of loss, theft, damage or destruction, for any reason whatsoever.
9. Product Availability
9.1 The Products are offered as they can be viewed on the Site, and within the limit of available stock. For unstocked Products, offers are valid, subject to availability at the Vendor's suppliers.
9.2 In case of Products not being available after the Customer has placed its Order, the Vendor is committed to contacting the Customer as soon as possible to inform them about this. The Order will be automatically cancelled and if the Customer's bank account has already been debited, the Customer will be refunded within fifteen (15) days for the sums that they have paid for the unavailable Product.
10. Delivery
10.1 The Products are delivered to an address in the Grand Duchy of Luxembourg indicated by the Customer, and the Customer will cover the transport costs which vary according to the product(s) ordered, their weight, their volume, the transporter and the place of delivery.
The Customer will be informed of the transport costs at the time of creating their basket according to article 5.1 and before the final confirmation of the Order.
10.2 The Customer will also be able to have the Products thus ordered delivered to the Vendor's premises in view of them being installed in accordance with article 11 of these General Terms and Conditions. In this case, the Customer will cover the delivery costs to the Vendor’s premises.
10.3 The payment of transport costs, as well as installation costs, must be settled at the same time as payment for the Products.
10.4 The Customer is responsible for the accuracy of the information given at the time of the Order. The Customer must immediately inform the Vendor of any change of delivery address. In case of error in the wording of the contact details of the recipient (in particular, surname, forename, building number and road name, postcode, town/city name, country, telephone number or email address), the Vendor will not be held liable for the impossibility to deliver or for the loss of parcel by the carrier and will have the right, after two unsuccessful delivery attempts, to inform the Customer by email of the nullity of the Contract and of his right to dispose of the Products ordered at his discretion. The processing and transport costs remain at the Customer's charge.
If the Products cannot be delivered, due to the inaccuracy of the information provided by the Customer, or if the Products do not fit through the Customer's entrance door, stairs, or if the recipient is unknown at the delivery address that the Customer has given, the Customer must cover the cost of this unsuccessful delivery.
10.5 The delivery timeframe indicated is given for information only, and does not constitute, in any case, a delivery promise within this timeframe. The failure to deliver within the timeframe given for information cannot lead to, either a termination of the contract, or to a price reduction or to damages and interest.
Checking the conformity of the Product by the Customer will be done at the time of delivery. It is imperative that the Customer himself checks the Order at the time of receipt, in order to ensure its conformity. In the absence of a withdrawal claim pursuant to article 14 below within the period provided for by article 14.1, the delivery will be presumed to be in conformity with the Order, and the Customer will subsequently not be able to claim any non-conformity between the Products ordered and the Products received.
11. Installation
11.1 When the Customer chooses the delivery of the Product(s) with installation, they will be contacted by the Vendor within 48 hours of the Order confirmation with a view to scheduling such installation. By derogation to article 10.5, the delivery timeframes of the Products ordered with installation result from a joint agreement between the Customer and the Vendor.
11.2 The Customer will be solely responsible for handing over his Vehicle to the Vendor at the place and time agreed in accordance with the preceding paragraph. The Vendor will not, in any case, be held responsible for any delay resulting from the late delivery of the Vehicle.
11.3 Unless otherwise agreed between the Vendor and the Customer, the return of the Vehicle will be done on the provisional completion date of the works, as provided in the individual agreement provided in article 11.1, or following the notice of completion of the Services from an employee of the Vendor (hereinafter, the "Completion").
Upon Completion, the Vendor will provide the Customer with a final invoice outlining all the costs generated in relation to the Order and the Services in accordance with the legal requirements in this regard.
All payments in relation to the Services must be made directly at the time of returning the Vehicle to the Customer. The installation costs paid by the Customer in accordance with article 6.1 will be considered as an advance on the final invoice.
Any contestations relating to the invoice, have to be notified by the Customer to the Vendor within a reasonable timeframe. By paying the invoice, the Customer fully and unconditionally acknowledges the obligation forming the subject of the invoice, as regards its nature and its amount.
11.4 Neither the duration of the Services, nor exceeding the provisional Completion timeframe will give the Customer the right to a replacement vehicle, or to a refund of the costs incurred in resorting to a replacement vehicle.
11.5 The Customer must retrieve their Vehicle within ten (10) days following the Completion date within the meaning of article 11.3. If the Customer fails to meet this obligation, the Vendor reserves the right to charge parking fees at its discretion.
11.6 The Customer acknowledges that, to the extent the Services result in an alteration of the technical features of the Vehicle, the Vendor will produce a transformation certificate (attestation de transformation), according to legal requirements. The Customer will subsequently be solely responsible for ensuring the technical approval of the Vehicle by the competent authorities, as well as the registration of the modification and/or of the transformation of the Vehicle, as the case may be.
The Vendor reserves a retention right on the transformation certificate until any amount remaining due at the time of retrieval of the Vehicle is settled.
12. Subcontracting
The Vendor has the right to subcontract, respectively to have all or some of its obligations under the Contract executed by one of their partners.
13. Protection of personal data
The Customer affirms having read and accepted the data protection notice, a copy of which is annexed to these General Terms and Conditions and forms an integral part therewith.
14. Consumer rights
14.1 Right of withdrawal
With regard to contracts for the sale of goods, the Customer has a withdrawal right, without giving reason and without penalty, within fourteen (14) days from the date of receipt of the Product by the Customer.
By derogation to the above, if the object of the Contract is to provide Services, the customer has a withdrawal right, without giving a reason and without penalty, within a timeframe of fourteen (14) days from concluding the Contract.
14.2 Conditions of exercising the right of withdrawal
To exercise their right of withdrawal, the Customer must notify their intention to withdraw to the Vendor before the expiry of the applicable withdrawal period, by sending either (i) an unambiguous declaration, clearly expressing their desire to withdraw, or (ii) the standardised withdrawal form (available under article R. 222-2 of the Consumer Code) duly filled in, to the following address: shop@stage48.lu.
14.3 Refund
The refund will be made without excessive delay and in any case, within a timeframe of fourteen (14) days after the Vendor is informed of the Customer's decision to withdraw from the Contract, after deduction of return costs and amounts possibly due by the Customer in application of the article 14.4 above.
Discounts and reductions are not, in any case, refundable.
14.4 Depreciation of Products
The Vendor draws the attention of the Customer to the provisions of article L. 222-10 (5) of the Consumer Code, under which the consumer is liable in the event of depreciation of the Product, if this depreciation results from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product.
Any depreciation which is not covered by article L. 222-10 (5) of the Consumer Code, including in particular damage or non-usual wear, will be expressly charged to the Customer.
The Vendor reserves the right to freely assess the depreciation of the Product under this article.
14.5 Provision of services
The Vendor draws the attention of the Customer to the provisions of article L. 222-9 (7) a) of the Consumer Code in accordance to which, the Customer loses their right of withdrawal, where the object of the Contract is the provision of Services, after such Services have been fully carried out.
14.6 Personalised products
The Customer acknowledges that, in application of article 222-9 (7) c) of the Consumer Code, they cannot exercise the right of withdrawal detailed above when the Contract concerns a Product which has either been made according to the Customer's specifications, or is otherwise clearly personalised. Therefore, the right of withdrawal is limited to the Products which are offered to the Customer without the option of personalisation or configuration.
15. Applicable law
The General Terms and Conditions, as well as the Contract are subject to the laws of the Grand Duchy of Luxembourg, excluding the United Nations Convention on Contracts for the International Sale of Goods.
16. Competent jurisdiction
In the event of a dispute, the Customer will first contact the Vendor's customer service in order to find an amicable solution.
Any disputes which could arise from the General Terms and Conditions of the Contract will be of the exclusive competence of the Luxembourg courts.
17. Divisibility
To the extent permitted by law, if a provision of the General Terms and Conditions or of the Contract is deemed null and void or inapplicable, then this provision (insofar as it is null and void or inapplicable) will have no effect and will be considered as not being included in the General Terms and Conditions or in the Contract respectively, without however leading to the other provisions of the General Terms and Conditions or of the Contract being null and void.
18. Money laundering declaration
The Customer, in application of the law of 12 November 2004, as modified, relating to the fight against money laundering, and against funding terrorism, certifies that the funds do not come from drug trade, nor from any of the offenses outlined in article 506-1 of the Luxembourg Penal Code.
19. Modification of the General Terms and Conditions
The Vendor reserves the right to modify the General Terms and Conditions at any time.
The General Terms and Conditions applicable to an order, are those in force at the time when the Customer finally validates their order, in accordance with article 5.3 of the General Terms and Conditions.
20. Acceptance
The Customer is aware of all of the provisions of these General Terms and Conditions and accepts them expressly.