General conditions of products sale

1. DEFINITION AND FIELDS OF APPLICATION

The GTCS define the rights and obligations of the parties in connection with the sale of products via the Friend & Friend Sàrl site (hereinafter referred to as the “site”). These GTCS govern any sale of products made on the site. The GTCS are concluded between, on the one hand,Friend & Friend Sàrl, located at 22, rue Edmond Dune, L-1409 Luxembourg, reachable at the contact@arewefriendsbeer.lu email address, registered with in the Luxembourg trade and companies register under the number 2023 2432 900 whose head office is located at 22, rue Edmond Dune, L-1409 Luxembourg, hereinafter referred to as the “seller” and, on the other hand, the customer, a natural person carrying out an order, hereinafter referred to as the “buyer” having the quality of consumer.

2. HOW THE GTCS APPLY

The present general conditions are only applicable. In any event, they exclude the general or special conditions of the customer that the seller has not expressly accepted in writing. Any order requires prior consultation and express acceptance of the GTC by the buyer, without this acceptance being conditioned by a handwritten signature from the buyer.

In accordance with the provisions of the law of July 9, 2001 setting certain rules relating to the legal framework for electronic signatures, the validation of the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature and is proof of the entire order and the enforceability of sums due in execution of the order.

3. PRODUCTS ON SALE

The products offered for sale are those listed on the site, with a description of their essential characteristics, on the day and at the time of consultation of the site by the buyer, and within the limits of available stocks. The images and photos of the products for sale are not contractual. The seller takes all reasonable steps to display the availability of products in real time on the site, but cannot be held responsible if a product is no longer available to fulfill the order. In case of unavailability of one of the products ordered, the buyer will be informed, and will have the possibility, either to modify his order or to postpone it, or to cancel it, in which case he will be refunded the amount of his order if it has already paid for it.

4. SALE PRICES OF DISPLAYED PRODUCTS

4.1 The price of each product is displayed on the site in euros and VAT included. This price is valid in countries for which delivery is possible (see article 9 of these general conditions of sale) and does not include the costs of preparation and delivery, also payable by the purchaser, nor the deduction of any discount or voucher granted to the buyer. The seller reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the purchase price in effect at the time of the order.

4.2 When ordering, the buyer agrees to pay, in addition to the purchase price of the products ordered, the preparation and delivery costs (hereinafter the “costs”). These costs vary depending on the type and quantity of products ordered, and the delivery method chosen, and include VAT. The buyer can view the amount of these costs on the product sheets. The seller reserves the right to modify the amount of the costs at any time, but the costs will be invoiced on the basis of the prices in force at the time of the order.

4.3 In the event of a material error by the company on the price, the company informs the customer, who then has the choice of accepting the order with price revision or of being reimbursed.

5. ORDER TERMS

 5.1 To place an order, the buyer must complete the order form made available on the site, on which he will include the information necessary for his identification and in particular his name, first name and delivery address. The buyer declares that he fully and unreservedly accepts all of these T & Cs and agrees to pay the full amount due. The seller cannot be held responsible for the consequences of the customer’s communication of incorrect information.

5.2 The buyer chooses one or more items and clicks on “add to basket”. After this step, the buyer has access to a summary of the items previously chosen by clicking on the “basket” tab. In this “basket” tab, it is also possible to continue shopping by clicking on “continue shopping”. After having checked his basket and made the necessary changes, the customer clicks on the button “order” and inserts his personal information. Following this, the buyer indicates the delivery address as well as the billing address if they differ.

5.3 After receiving confirmation of payment for the order from the banking organization, the seller sends the customer a summary of his order, including the number of his order, the products ordered as well as their price, these general conditions or a link to these, as well as an indication of the probable execution time of the order. The contract is concluded upon receipt of the order confirmation.

6. RIGHT OF SUSPENSION/CANCELLATION/REFUSAL OF ORDER

The seller reserves the right to refuse or cancel any order or any delivery in the event of an existing dispute with the buyer, total or partial non-payment of a previous order, refusal of authorization of payment by credit card. credit from banking organizations or for any other valid reason. In this case, the responsibility of the seller could not, in any case, be engaged.

7. PAYMENT TERMS

Payment for purchases is made by Visa or Mastercard type credit card and “Maestro” type bank card or via Paypal.

8. RETENTION OF OWNERSHIP

The right of ownership of the products is transmitted to the customer only after full payment of the order. Notwithstanding Article 1583 of the Civil Code, items sold, delivered or installed remain the exclusive property of the seller until full payment of the invoice.

As long as the payment of the sale price has not been made, the customer is prohibited from pledging the articles, offering them, or even using them as security in any way. The customer is expressly forbidden to make changes to these articles, to make them real property by incorporation or by destination, to sell them or to dispose of them in any way whatsoever.

9. TRANSFER OF RISKS

The transfer of the burden of risk takes place when the order is fully delivered. The company bears the sole responsibility for the risks associated with the delivery, except where the customer himself chooses a carrier that is not offered by the company

10. DELIVERY TERMS

Delivery is made by the seller only in Luxembourg. Any taxes and import charges are the responsibility of the buyer. The delivery costs in Luxembourg are 5.43 euros. From 69 euros delivery costs are offered to customers.

The order is delivered to the address specified by the buyer. The seller will make every effort to ensure that the order is shipped to the delivery address within thirty working days of validation of the order and receipt of payment.

The delivery person will present himself at the delivery address during working days, and deliver the package (s) to the recipient or to any other person present at the address indicated. In case of absence, a notice will be left at the delivery address. It will then be up to the buyer to contact the delivery person to agree either on a new delivery date at the same address, or on a new delivery date at a new address, or a collection at the post office on closer.

If this is not done within 15 days from the date of the notice left by the delivery person or if the buyer is absent during the new delivery, the order will be automatically returned to the seller, who will contact the buyer to schedule a new delivery of the order.

In this case, additional delivery costs may be charged to the buyer.

Any wrong shipping address is the buyer’s responsibility and may result in additional charges. No delay in delivery may give rise to the payment of damages for the benefit of the buyer. The seller has the right to make partial deliveries. In the event of non-delivery of the goods, any sums paid by the buyer will be refunded.

11. BUYER’S CLAIM

It is the buyer’s responsibility to check the shipments on arrival and to formulate any reservations and complaints that appear justified, or even to refuse the package, if it is likely to have been opened or if it bears traces. evidence of deterioration. In the event of a complaint following receipt of the order, it is mandatory to send an email to the e-mail address contact@arewefriendsbeer.lu, subject “Delivery complaint”, supporting photos, within the deadline minimum of two months after receipt of the order.

12. RIGHT OF WITHDRAWAL AND TERMS OF RETURN

In accordance with Article VI.47 of the Code of Economic Law, the customer has the option to withdraw from this sales contract without giving any reason within 14 calendar days from the day after receipt of the product.

13. EFFECTS OF WITHDRAWAL

In the event of the buyer’s withdrawal from this contract, with the exceptions provided for in Article 15 of these GTC, the seller will reimburse all payments received, including delivery costs (with the exception of additional costs arising from the fact that the buyer has chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by the seller) without undue delay and, in any event, no later than 14 days from the day on which the the seller will be informed of your decision to withdraw from this contract.

The seller will refund using the same means of payment that the buyer used for the initial transaction, unless it was expressly agreed to a different method. In any case, this reimbursement will not incur costs payable by the customer.

The seller reserves the right to defer reimbursement until receipt of the goods or until the customer has provided proof of shipment of the goods.

14. HOW TO WITHDRAWAL

If the customer wishes to withdraw, he can notify his decision to withdraw from this contract by means of an unambiguous declaration to the following email address: contact@arewefriendsbeer.lu

It is also possible to complete and send the model withdrawal form available on the site under the “Right of withdrawal form” tab

After receipt of the withdrawal decision, the buyer receives an acknowledgment of receipt only if the withdrawal takes place online.

The customer must return or return the goods by post or directly to the premises of the company located22, rue Edmond Dune, L-1409 Luxembourg, with appointment by email or by telephone at the following number +352621351494, at 14 days after he has communicated his decision to withdraw from this contract.

The direct costs of returning the goods are the responsibility of the customer. Its responsibility is only engaged with regard to the depreciation of the good resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this good.

15. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

Under Article VI. 53. of the Luxembourg Code of Economic Law, the consumer cannot exercise his right of withdrawal for the supply of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer after the delivery.

16. RESPONSABILITY

The seller is only liable for his fraud and gross negligence. In the event that the customer demonstrates the existence of gross negligence or willful misconduct on the part of the seller, the damage for which the customer can claim compensation includes only the material damage resulting directly from the fault attributed to the seller, excluding any other damage and may not, in any event, exceed 75% (excluding taxes) of the amount actually paid by the customer in execution of the order.

The customer also acknowledges that the seller is not responsible for any direct or indirect damage caused by the products delivered, such as in particular loss of profit, increase in overheads, loss of customers, etc.

Finally, it is up to the customer to find out about any restrictions or customs duties imposed by his country on the products ordered. The seller cannot therefore be held responsible if the customer has to face any restriction or additional tax to pay due to the policy adopted by his country in this matter.

17. CONFORMITY GUARANTEE

17.1. LEGAL GUARANTEE FOR CONSUMER PROFITS

In accordance with article 1649quater of the Civil Code, the customer who has the quality of consumer also has a legal guarantee of two years for all the defects of conformity which existed during the delivery of the product and which appeared within a period two years from this date. This warranty includes the repair or replacement of the defective product at no cost to the consumer.

If, however, this repair or replacement proves impossible, disproportionate for the seller or would cause serious inconvenience to the consumer, an appropriate reduction or a refund may be offered to the consumer. The seller and the customer may agree to a refund only upon delivery of the defective products by the latter.

In the event that spare parts or specific accessories necessary for the repair of the product are no longer available from the manufacturer, the seller undertakes to replace or reimburse the good.

The consumer is required to inform the seller of the existence of the lack of conformity, in writing, within a maximum period of two months from the day he noticed the defect, under penalty of forfeiture of his right to complain.

17.2. LEGAL GUARANTEE FOR HIDDEN DEFECTS

In accordance with articles 1641 to 1643 of the Civil Code, the seller is required to guarantee the products against hidden defects which make the products unfit for the use for which they are intended, or which reduce this use so much that the customer would not have acquired them or would have given a lower price if he had known them.

In the event of a finding of a hidden defect, the customer must act promptly, in accordance with article 1648 of the Civil Code, and will have the choice between returning the product affected by a hidden defect against a full refund, or keep against partial refund.

18. INTELLECTUAL PROPERTY

The photographs on the site benefit from copyright protection. Any unauthorized use of any of the photographs constitutes an act of infringement.

In general, the data, site presentation, texts, information, logos appearing on the site are the property of Friend & Friend Sàrl, and are protected as such by the provisions of the Luxembourg Code of Economic Law.

All Internet users agree not to use them and not to allow anyone to use this content for illegal purposes. Any representation or reproduction, total or partial, permanent or temporary, on a computer and / or paper medium, and by any means whatsoever, of one or other of the elements of the site, without the prior consent of Friend & Friend Sàrl, is prohibited, and constitutes an act of counterfeiting, which may result in civil and / or criminal convictions.

19. CASE OF MAJOR FORCE OR CASUALTY CASE

The seller cannot be held responsible, both contractually and extra-contractual, in the event of non-performance, temporary or definitive, of its obligations when this non-performance results from a case of major force or fortuitous.

In particular, the following events will be considered as major force or fortuitous events:

The total or partial loss or destruction of the seller’s computer system or its database when one or other of these events cannot reasonably be attributed directly to the seller and it has not been demonstrated that the seller failed to take reasonable steps to prevent any of these events

–  Earthquakes

– Fires

– Flooding

– The epidemics

– Acts of war or terrorism

– Strikes, declared or not

– Lockouts

– Blockades

– Insurrections and riots

– A shutdown of energy supply (such as electricity)

– A failure of the Internet network or the data storage system

– A failure of the telecommunications network

– A loss of connectivity to the Internet network or to the telecommunications network on which the seller depends

– A fact or a decision of a third party when this decision affects the proper performance of this contract

– Any other cause beyond the reasonable control of the seller

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20. LACK OF FORESIGHT

If, due to circumstances beyond the control of the seller, the performance of his obligations cannot be continued or is simply made more onerous or difficult, the seller and the customer undertake to negotiate in good faith and fairness an adaptation of the contractual conditions within a reasonable period of time in order to restore balance. In the absence of agreement within a reasonable time, each of the parties may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind.

21. TERMIJNATION OF THE CONTRACT

In case of the client’s insolvency or in the event of unpaid debts, even under previous contracts between the client and the seller, the latter is entitled to suspend the performance of his obligations until the client has fully reimbursed the amount of any unpaid debt owed to the seller.

In the event of non-performance of its obligations by the customer, the seller may terminate the contract at the sole fault of the customer without delay or compensation and, if applicable, may claim from him by any legal means the payment of damages.

22. ILLEGALITY/NULLITY

The possible illegality or nullity of an article, a paragraph or a provision (or part of an article, a paragraph or a provision) cannot affect in any way the legality of the other articles, paragraphs or provisions of these terms and conditions, nor the remainder of that article, paragraph or provision, unless an intention to the contrary is evident in the text.

23. EVIDENCE

The computerized registers, kept in the computer systems of the seller and its partners, will be considered as proof of communications, orders and payments between the parties. The parties accept the principle of electronic proof as part of their relations (for example: e-mail, backups, etc.).

24. APPLICABLE LAW AND COMPETENT COURTS

The GTC are subject to Luxembourg law. In case of a dispute, an amicable solution will be sought before any legal action. The seller and the buyer also have the option of addressing the European dispute resolution platform (https://ec.europa.eu/consumers/odr/main/?event=main.home.selfTest).
In the absence of an amicable settlement, the courts of the judicial district of Luxembourg shall have jurisdiction unless mandatory provisions to the contrary exist.