DEFINITION AND SCOPE OF APPLICATION

The GCS define the rights and obligations of the parties in the context of the sale of products via the arewefriendsbeer.lu site (hereafter referred to as the “site”). These GCS govern all sales of products made on the site. The GTC are concluded between, on the one hand, Friend & Friend Sàrl, located at 22, rue Edmond Dune, L-1409 Luxembourg, reachable by e-mail at contact@arewefriendsbeer.lu and by telephone at +352 621 351 494, registered in the Luxembourg Trade and Companies Register under number B278644, whose registered 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 placing an order, hereinafter referred to as the “buyer”, who is a consumer.

HOW THE GCVS APPLY

These general terms and conditions alone are applicable. In any event, they exclude any general or special terms and conditions of the customer that the seller has not expressly accepted in writing. Any order implies prior consultation and express acceptance of the GTC by the buyer, without this acceptance being conditional on a handwritten signature by the buyer.
In accordance with the provisions of the Act of 9 July 2001 laying down certain rules relating to the legal framework for electronic signatures, validation of the order form constitutes an electronic signature which has the same value between the parties as a handwritten signature and is proof of the completeness of the order and of the payability of the sums due in execution of the order.

PRODUCTS ON SALE

The products offered for sale are those which appear 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 limit of available stocks. The images and photos of the products on sale are not contractual. The seller makes every reasonable effort to display the availability of products on the site in real time, but cannot be held responsible if a product is no longer available to fulfil an order. If any of the products ordered are unavailable, the purchaser will be informed and will have the option of either modifying or postponing the order, or cancelling it, in which case the purchaser will be reimbursed for the amount of the order if payment has already been made.

SELLING PRICES OF PRODUCTS DISPLAYED

4.1 The price of each product is displayed on the site in euros and includes VAT. This price is valid in the countries for which delivery is possible (see article 9 of these general terms and conditions of sale) and does not include preparation and delivery costs, also payable by the purchaser, nor the deduction of any discount or voucher granted to the purchaser. The seller reserves the right to change its prices at any time, but the products will be invoiced on the basis of the purchase price in force at the time the order is placed.
4.2 When placing an order, the purchaser undertakes to pay, in addition to the purchase price of the products ordered, the preparation and delivery costs (hereinafter the “costs”). These costs vary according to the type and quantity of products ordered and the delivery method chosen, and are inclusive of VAT. The Buyer may consult the amount of these charges on the product sheets. The seller reserves the right to modify the amount of the charges at any time, but the charges will be invoiced on the basis of the rates in force at the time the order is placed.
4.3 In the event of a material error by the company on the price, the company will inform the customer, who will then have the choice of accepting the order with a revised price or being reimbursed.

ORDERING PROCEDURES

5.1 To place an order, the purchaser must fill in the order form provided on the site, on which he/she must include the information required for identification, in particular his/her surname, first name and delivery address. The purchaser declares that he/she fully and unreservedly accepts all of these GCS and undertakes to pay the total amount due in full. The seller cannot be held responsible for the consequences of the customer providing 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 “shopping basket” tab, it is also possible to continue shopping by clicking on “continue shopping”. After checking their basket and making any necessary changes, customers click on the “order” button and enter their personal details. The buyer then enters the delivery address and, if different, the billing address.

5.3 After receiving confirmation of payment for the order from the bank, the seller will send the customer a summary of the order, including the order number, the products ordered and their prices, these general terms and conditions or a link to them, and an indication of the likely timeframe for completion of the order. The contract is concluded on receipt of the order confirmation.

RIGHT TO SUSPEND/CANCEL/REFUSE AN 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 authorisation for payment by credit card by banking organisations or for any other valid reason. In such cases, the seller may not be held liable under any circumstances.

PAYMENT TERMS

Payment for purchases is made by Visa or Mastercard credit cards and by “Maestro” bank cards.

RESERVATION OF OWNERSHIP

Ownership of the products is not transferred to the customer until the order has been paid for in full. Notwithstanding article 1583 of the French Civil Code, items sold, delivered or installed remain the exclusive property of the seller until the invoice has been paid in full.
Until payment of the sale price has been made, the Customer is prohibited from pawning the items, offering them or using them as security in any way whatsoever. The customer is expressly forbidden to make any modifications to these items, to turn them into immovable property by incorporation or by destination, to sell them or to dispose of them in any way whatsoever.

TERMS AND CONDITIONS OF DELIVERY

Deliveries are made by the seller in Luxembourg only. Any taxes and import charges are payable by the buyer. Delivery to Luxembourg costs 5.00 euros. For orders over 50.00 euros, delivery is free.
The order is delivered to the address indicated by the purchaser. The seller will make every effort to ensure that the order is dispatched to the delivery address within thirty working days following validation of the order and receipt of payment.
Any incorrect delivery address is the responsibility of the purchaser and may give rise to additional charges. No delay in delivery may give rise to the payment of damages to 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 reimbursed.

BUYER’S COMPLAINT

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

RIGHT OF WITHDRAWAL AND RETURN POLICY

In accordance with article VI.47 of the French Code of Economic Law, the customer may withdraw from this contract of sale without giving any reason within 14 calendar days from the day following receipt of the product.

EFFECTS OF WITHDRAWAL

In the event that the purchaser withdraws from this contract, with the exceptions set out 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 purchaser has chosen, where applicable, a delivery method other than the less expensive standard delivery method proposed by the seller) without undue delay and, in any event, no later than 14 days from the day on which the seller is informed of your decision to withdraw from this contract.
The seller will make the refund using the same means of payment that the buyer used for the initial transaction, unless a different means was expressly agreed. In any event, this refund will not incur any costs for the customer.
The seller reserves the right to defer reimbursement until receipt of the goods or until the customer has provided proof of dispatch of the goods.

HOW TO WITHDRAW FROM THE CONTRACT
If the customer wishes to withdraw from the contract, they may do so by sending an unambiguous declaration to the following e-mail address: contact@arewefriendsbeer.lu .
Once the decision to withdraw has been received, the purchaser will receive an acknowledgement of receipt only if the withdrawal is made online.
The customer must send or return the goods by post or directly to the premises of the company located at 22, rue Edmond Dune, L-1409 Luxembourg, with an appointment made by email or by telephone on the following number +352 621 351 494, no later than 14 days after they have communicated their decision to withdraw from this contract.
The direct costs of returning the goods shall be borne by the Customer. The Customer shall only be liable for any depreciation in the value of the goods resulting from handling other than that required to establish the nature, characteristics and proper functioning of the goods.

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

Pursuant to Article VI. 53. of the Luxembourg Code of Economic Law, the consumer may not 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 delivery.

LIABILITY

The seller is only liable for fraud and gross negligence. In the event that the customer demonstrates the existence of gross negligence or wilful misconduct on the part of the seller, the loss for which the customer may claim compensation shall include only the material damage resulting directly from the fault attributed to the seller, to the exclusion of any other damage, and may not, in any event, exceed 75% (excluding tax) of the amount actually paid by the customer for the order.
The customer also acknowledges that the seller is not liable for any direct or indirect damage caused by the products delivered, such as loss of earnings, increased overheads, loss of customers, etc.
Finally, it is the customer’s responsibility to find out about any restrictions or customs duties imposed by their country on the products ordered. The seller cannot therefore be held responsible if the customer is faced with any restriction or additional tax to be paid as a result of the policy adopted by their country in this respect.

INTELLECTUAL PROPERTY RIGHTS

The photographs on the site are protected by copyright. Any unauthorised use of any of the photographs constitutes an act of counterfeiting.
In general, the data, the presentation of the site, the texts, the information, the logos, appearing on the site are the property of Friend & Friend Sàrl and are protected as such by the provisions of the Luxembourg economic law code.
All Internet users undertake not to use them and not to allow anyone to use these contents for illegal purposes. Any representation or reproduction, total or partial, permanent or temporary, on a computer medium and/or paper, and by any process 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 infringement, which may result in civil and/or criminal penalties.

FORCE MAJEURE OR FORTUITOUS EVENT

The seller may not be held liable, either contractually or extra-contractually, in the event of temporary or definitive non-performance of its obligations where such non-performance is the result of force majeure or an act of God.
The following events in particular are considered to be cases of force majeure or fortuitous events:
– the total or partial loss or destruction of the seller’s computer system or its database where either of these events cannot reasonably be directly attributed to the seller and it is not shown that the seller failed to take reasonable steps to prevent either of these events
– earthquakes
– fire
– floods
– epidemics
– acts of war or terrorism
– strikes, whether declared or not
– lock-outs
– blockades
– insurrections and riots
– interruption of energy supply (such as electricity)
– failure of the Internet or data storage system
– failure of the telecommunications network
– loss of connectivity to the Internet or telecommunications network on which the seller depends
– an act or decision of a third party where this decision affects the proper performance of this contract
– any other cause beyond the reasonable control of the seller

IMPREVISION

If, due to circumstances beyond the seller’s control, the performance of its obligations cannot be continued or is simply made more onerous or difficult, the seller and the customer undertake to negotiate in good faith and in good faith an adaptation of the contractual conditions within a reasonable period with a view to restoring the balance. If no agreement is reached within a reasonable period, either party may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind.

TERMINATION OF THE CONTRACT

In the event of the customer’s insolvency or in the event of unpaid debts, even under previous contracts between the customer and the seller, the latter is entitled to suspend performance of its obligations until the customer has repaid in full any unpaid debts owed to the seller.
In the event of non-performance of its obligations by the customer, the seller may terminate the contract to the exclusive detriment of the customer without delay or compensation and, where applicable, may claim damages from the customer by any legal means.

ILLEGALITY/ NULLITY

The illegality or invalidity of any article, paragraph or provision (or part of an article, paragraph or provision) shall not affect in any way the legality of any other article, paragraph or provision of these terms and conditions, or the remainder of that article, paragraph or provision, unless the contrary intention is apparent from the text.

EVIDENCE

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

APPLICABLE LAW AND COMPETENT COURTS

The GTC are subject to Luxembourg law. In the event of a dispute, an amicable solution will be sought before any legal action is taken. The seller and the buyer may also contact 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.