General terms and conditions of sale
Article 1: Preamble
These terms and conditions of sale are concluded, on the one hand, by MSA-LUX, S.à r.l.-S, 72, rue Adolphe Fischer, L-1520 Luxembourg, under number B214863, hereinafter referred to as "the Seller", and, on the other hand, by any natural person or legal entity, hereinafter referred to as "the Buyer", who wishes to make a purchase via the website www.msa-lux.lu (hereinafter referred to as "www.msa-lux.lu").
Article 2: Purpose
The purpose of these terms and conditions of sale is to define the contractual relations between the Seller and the Buyer and the conditions applicable to all purchases made via the Seller's website, whether the Buyer is a professional or a consumer. The purchase of a good or service through this site implies the unreserved acceptance by the buyer of these terms and conditions of sale. These terms and conditions of sale shall prevail over any other general or specific terms and conditions not expressly accepted by the Seller. The Seller reserves the right to amend its terms and conditions of sale at any time. In this case, the conditions in force at the time of the buyer's order will apply.
Article 3: Characteristics of the products and services offered
The products and services offered are those listed on the Seller's website. Each product is accompanied by a description drawn up by the Seller. Photographs are for information only, as the product is made to measure. These products and services shall be offered within the limits of available capacity and time. If, despite its best efforts, all or part of the items are unavailable, the Seller will inform the Buyer by e-mail as soon as possible and offer him the option of waiting or cancelling the order of the unavailable items free of charge. The available items will be delivered as normal.
Article 4: Prices
The prices of the products and services displayed on the Site are indicated in euros and include all taxes (VAT and other applicable taxes). The Seller reserves the right to change its prices at any time. However, the prices applicable to the order are those in force at the time the order is confirmed. The prices indicated do not include order processing or delivery costs. If the project is changed based on the Buyer's request, the Seller has the right to adjust the price based on the number of extra hours worked.
Article 5: Geographical areas
The online sale of products and services presented on the Seller's website is not restricted to a specific territory.
Article 6: Orders
The Buyer wishing to purchase a product or service must
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complete the identification form, providing all the information requested;
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fill in the on-line order form, giving all the references of the products or services chosen;
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validate the order after checking it; - make the payment in accordance with the terms and conditions provided;
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confirm the order and payment.
Confirmation of the order implies acceptance of these terms and conditions of sale, acknowledgment of full knowledge thereof and renunciation of the right to invoke one's own terms and conditions of purchase or any other terms and conditions. All the data provided, and the recorded confirmation will be considered as proof of the transaction. The confirmation will be considered as an acceptance of the operations carried out. The seller will send an e-mail confirming the registered order.
Article 7: Rights and obligations of the Seller of the website/e-commerce.
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The Seller has the right to payment of the price for the work according to article 8.
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The Seller is obliged to produce the work in a quality that corresponds to the purpose of the order, the relevant legislation and binding standards.
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The Seller shall furthermore be obliged to insert text, images and other sources of information supplied by the Seller in the quality and quantity supplied by the Buyer,
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The Seller is obliged to warn the Buyer in advance of any possible mismatch between the software or other components supplied to it by the Buyer and the software or components used by the Seller which are necessary for the execution, completion or modification of the Site. The Seller is obliged to do so whenever the use of such components or software would interfere with the functionality of the Site or the level or quality of its facilities.
Article 8: Rights and obligations of the Buyer of the website/e-commerce.
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The Buyer has the right to control the content and functionality of the website.
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The Buyer is obliged to deliver the supporting materials (image, sound or audio-visual material, texts, descriptions, pictures, programs or presentations) in the appropriate quality and in the shortest possible time,
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The Buyer is obliged to supply additional materials and information related to the execution of the work, contracts with third parties affecting the work on the work, (e.g. information on web hosting, etc.),
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The Buyer is obliged to pay the invoices in the agreed time,
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The Buyer is obliged to respond to the Seller's calls for cooperation as soon as technically possible.
Article 9: Liability for damages
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The Seller is not responsible for the content of the website, nor for the truthfulness and timeliness of the information displayed on it, this responsibility is borne by the Buyer.
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The Seller shall not be liable for damages arising from and caused by loss or damage to be stored data.
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After the Buyer accepts the site on the basis of the acceptance protocol, the Buyer has the right to thoroughly test the presentation, in particular its functionality, quality and level of display of the timeliness of the displayed information and its arrangement, during the test period, which is set at 7 days. The Seller undertakes to correct any defects and errors found during the trial period free of charge at his own expense and as soon as possible. The only exceptions are errors caused by programs, presentations, or sound or sound-visual recordings supplied by the purchaser for the purpose of making the site and errors and defects whose removal would constitute an infringement of copyright or other intellectual property rights.
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Requests to change, update, or modify the content of the Site, or the software, or changes to presentations, photographs, audio, or audio-visual recordings not covered by the warranty period after the expiration of the trial period shall be treated as a new change or modification order for the Site and shall be subject to the hourly labour standard. The other provisions of this Agreement shall apply mutatis mutandis to a new change or page edit order.
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The Seller delivers to the Buyer visual, audio, or audio-visual material, texts, descriptions, images, programs, or presentations to be used for the construction of the website, its modification, change, or completion, which by their content, graphic design, or purpose for which they are to be used violate the legal regulations of Luxembourg or applicable international regulations to which the Luxembourg is bound, or whose content, design, or level of display is contrary to good morals.
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In the online sales process, the seller is only bound by a commitment of means and cannot be held responsible for any damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, service failure or other involuntary problems.
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The information on the site is given in good faith. The links to the websites of manufacturers and/or partners are provided for information purposes only. The Seller cannot be held responsible for the information on these sites. The Seller is not responsible for the content of the site, nor for the truthfulness and timeliness of the information displayed on the site. The risk of damage to the constructed websites shall pass to the Buyer upon handover of the websites, which shall be confirmed by signing the acceptance protocol, whereby the Customer confirms that the work has been constructed in accordance with its requirements as specified. The Seller shall not be liable for damages resulting from improper handling of the work, third party intervention or force majeure, nor for damages arising from and caused by loss or corruption of stored data.
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The Buyer violates the provisions of this Agreement despite prior written notice.
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The Customer shall be entitled to withdraw from the Contract if:
a) the Contractor has not duly delivered the Work within the time limit pursuant,
b) the Contractor, despite prior written notice, breaches the provisions of this Contract.
10. Unless otherwise agreed, the Buyer may not exercise the right of renunciation for contracts relating to
a) the supply of services which, with the Buyer's consent, have begun before the end of the withdrawal period
b) the supply of goods made to the consumer's specifications or clearly personalised or which, by their nature, cannot be returned or are likely to deteriorate or perish quickly.
Article 10: Payment methods
Payment can be made by PayPal, credit card, bank transfer or cash. Items ordered remain the exclusive property of the seller until full payment of the order by the buyer.
Article 11: Deliveries
Deliveries are made to the address specified in the order form, or via email address, or storage space on larger files such as Google Drive. The goods are transported at the seller's risk until the goods are delivered to the delivery address specified by the buyer. From that moment onwards, the buyer bears the sole risk. Delivery times are given as a guide only; if they exceed 60 days from the date of order, the purchase contract may be terminated and the buyer refunded.
Article 12: Guarantee
With regard to consumers, the seller guarantees that the products it sells and the services it offers comply with the law in force at the time of purchase. In case of non-conformity of a sold product found within 30 days of delivery of the goods, the consumer must notify the seller as soon as possible in a precise manner by registered letter or e-mail. This guarantee applies only to conformity defects existing at the time of delivery of the goods. The guarantee does not cover defects or damage caused by improper use, the guarantee does not apply to personalised products or services. The invoice or delivery note serves as a guaranteed document and must be kept by the consumer and produced in original.
Article 13: Intellectual property
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The Seller is not the owner of the implemented software. The owner provides the software implementation services (setup, installation, changes) permitted by the respective software license. The owner or its subcontractors are responsible for the observance of the copyrights in the implementation of the software.
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The Buyer shall be responsible for the legal purity and observance of copyright and intellectual property rights of the materials (texts, images, computer programs, animations, presentations, and other resources) supplied by the Buyer.
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By paying the full price for the work, the Buyer acquires the exclusive right to use the work as a website. Any other use of the Work or any part thereof shall be subject to the written consent of the Owner, and the Owner shall be entitled to reasonable remuneration for any such consented use.
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The Owner agrees not to grant permission for the use of the Work or any part thereof to third parties without the written consent.
Article 13: Personal data
All personal data necessary for the processing of an order will be stored by the Seller or its employees and may be communicated to companies with which the Seller - or its suppliers - collaborates when such communication is necessary for the processing of the order. The user also authorises the Seller to use this data to compile statistics in order to improve its site, the goods it offers and the services it provides. This information may also be used to allow the dissemination, by any means of communication, of information relating to the commercial activities of the Seller to its customers. Finally, the Seller stores personal data in order to facilitate future orders. The Seller also undertakes not to divulge the information in its possession to any other company or entity. The data held by the Seller may be consulted and corrected at any time on request.
Article 14: Evidence
The parties accept the use of electronic means of proof in their relations (e.g. e-mail, computer back-ups, etc.).
Article 15: Settlement of disputes
The present online sales conditions are subject to Luxembourg law. In the event of a dispute, the courts of the seller's registered office shall have jurisdiction, except in the case of mandatory public policy provisions.
MSA-LUX, S.à r.l. -S, 72, rue Adolphe Fischer, L-1520 Luxembourg
Registration number: B214863, VAT number: LU29413074
In Luxembourg, 1st January 2025.