OPTIN sàrl, registered at 202b, rue de Hamm – Luxembourg, Luxembourg Trade Register number B116064 on the one hand, and the individual or legal entity purchasing products or services from the seller, hereinafter referred to as “the Purchasers”.
1. Scope of application
1.1. The purpose of these GCU is to define the conditions under which OPTIN makes available to Buyers the technological tools used to purchase the goods and services offered.
1.2. In order to use the service, the Buyer must agree to be bound by these GCU without restriction or reservation. This acceptance is materialized by a validation click when registering and ordering on the Site.
1.3. OPTIN reserves the right to modify these TOU. Any subsequent modification will take effect immediately for online products or services upon notification to the purchaser and publication on the site. They will not apply to transactions in progress when they come into force.
2. Other definitions
2.1. The term “Purchases” refers to goods already manufactured or not yet produced, but for which an order has been placed by the Buyer, as well as services excluding delivery services, which may be purchased by Buyers under the conditions described in these GCU.
2.2. The term “Buyer(s)” refers to major users of the sapins.lu site who purchase products or services.
2.3. The term “Price” refers to the total price of the product or service as indicated on the Site, including the net price excluding VAT, value added tax (“VAT”) and, where applicable, delivery charges. The price elements are indicated in accordance with the legal provisions.
2.4. The term “Delivery Service” refers to the delivery service.
2.5. Sapins.lu offers Buyers the following methods of sale and delivery of products:
2.5.1. The purchase of a product without delivery and to be taken away by the Buyer from the Seller’s boutique.
2.5.2. Online Order” means the purchase of a delivered product.
3. Access to Services
3.1. To access the Services of the sapins.lu website, the Buyer must be a natural person of legal age or a legal entity. To this end, the Buyer must register on the Site and create a User account under the following conditions:
3.1.1. At the time of the first order, the Buyer must again read and accept the General Conditions by “opt-in”, in particular with regard to the Confidentiality and Cookie Management Policies.
3.2. Each User undertakes to provide accurate, up-to-date and complete information.
3.3. Each User undertakes to keep his or her data accurate and up to date at all times.
3.4. Each User undertakes to inform sapins.lu immediately in the event of any suspicion of unauthorized use or usurpation of their User account, and to change their password immediately.
3.5. Registration on the sapins.lu website is free for Buyers.
4. Buyer’s obligations
4.1. The Buyer undertakes to act in accordance with the obligations defined in these GCU and to comply with the Seller’s general terms and conditions of sale when making Purchases.
4.2. The Buyer undertakes to provide accurate and truthful contact and address information, including data for payment processing, and to keep all such information up to date.
4.3. The Buyer who has chosen the store pick-up procedure undertakes to collect the goods by his own means within a maximum period of one (1) week following payment of the order, unless otherwise indicated by the Seller.
4.3.1. If the Buyer does not withdraw the Purchase within the aforementioned period, the Purchase is terminated at the end of one (1) week following payment of the order, the Seller recovers ownership of the products or services and retains the amount paid by the Buyer as compensation. The Buyer shall not be entitled to any refund or compensation whatsoever.
5. Order management
5.1. Acceptance of the order by the Vendor gives rise to a sales contract between the Vendor and the Buyer, the purpose of which is :
5.1.1. The purchase with transfer of ownership of one or more products which the Seller is obliged to deliver to the Buyer, with the Buyer’s obligation to pay the agreed Price to the Seller and to accept delivery.
5.2. The Buyer is obliged to pay the Price at the conclusion of the contract and before any delivery of the product or service.
5.3. The Seller undertakes to provide the Buyer with an invoice for the price of the order.
5.4. The Buyer undertakes to pay the debt owed to the Seller immediately.
5.5 Fir trees are natural products. They are sold by size and by 25 cm forks.
5.6 The lifespan of a Nordmann fir is around three weeks, provided they are not placed near a heat source, which would considerably reduce their lifespan.
5.7 As our trees are stored outside, they may be damp and sapins.lu cannot be held responsible for any stains left on the floor.
5.8 Our decorations and garlands of lights are EEC-compliant products. The order of accessories does not include their installation unless the Buyer chooses the all-inclusive package.
5.9 The photos on the sapins.lu website are as faithful reproductions as possible. We cannot be held responsible for minor differences.
5.10 In the event of stock shortage, sapins.lu will contact the customer for a refund of the total amount, including delivery costs.
6. Delivery and possible return
6.1 The order will be delivered to the same address as that indicated for delivery.
6.2 The place indicated by the customer for the installation of the tree must be accessible. For trees taller than 2.00m, the customer undertakes to check that the passageway is suitable. The width may not be less than one metre.
6.3 Orders are delivered by Nei Schaff, a social measure for the integration of people who cannot find work, or by another private carrier, while stocks last. Sapins.lu may have to change the carrier if an unforeseen event is likely to prevent delivery of the order as planned.
6.4 Unless otherwise agreed prior to delivery, delivery is scheduled to take place on the first floor between 10.00 am and 6.00 pm. Exceptionally, delivery may be made until 8:00 pm, by mutual agreement between the 2 parties.
6.5 The customer’s signature on the delivery note constitutes acceptance of the goods. If the customer is a legal entity, it undertakes to ensure that a person duly authorized to bind the company signs the delivery note.
6.6 If the recipient is absent at the time of delivery, or if lack of information leads to a second presentation to the recipient, sapins.lu will invoice the costs relating to this second delivery at the price displayed on sapins.lu.
6.7 Incomplete or non-conforming delivery (due to the carrier): The package may be damaged or the contents may have been partially or totally stolen. If you notice such an error, please mention it on the carrier’s delivery note and refuse the product.
6.7.1 Incomplete or non-conforming delivery (due to the company): Your order may be missing a product and an error may have occurred during preparation. Please notify us by e-mail at firstname.lastname@example.org within 24 hours of receiving your order.
6.7.2 The installation and removal of the tree takes place under the direction and responsibility of the customer as soon as our personnel arrive.
6.7.3 The photographs and texts reproduced and illustrating the products presented are as accurate as possible for the items you have ordered. Sapins.lu cannot be held responsible for minor differences.
6.8 The products offered for sale on sapins.lu are those which appear on our site on the day of your order and within the limit of available stocks.
6.9 The purchase of a product or service is the sole responsibility of the customer. Incompatibility of the equipment cannot give rise to any compensation, reimbursement or liability on the part of sapins.lu, except in the case of a proven hidden defect, non-conformity or defectiveness.
6.10 At the customer’s request, the tree will be returned to the same address as the delivery address. The trade-in service must be ordered at the time of ordering or requested by e-mail from email@example.com. The date on which the tree is actually taken back is set by mutual agreement between 10:00 am and 6:00 pm. The customer undertakes to be present at the address and time indicated.
6.11 If the customer is absent and sapins.lu is unable to collect the tree, the service will be invoiced to the customer. The parties may agree on a new date, the price of which will be communicated to the customer.
6.12 At the time of collection, the tree must be completely undecorated, unless the Purchaser chooses the all-inclusive package.
613 The trade-in service does not include floor cleaning.
6.14 If, at the time of collection, the tree has not been stripped of its decorations, it will be invoiced a fixed price displayed on sapins.lu, unless the Purchaser chooses the all-inclusive package. This applies equally to the removal of decorations that the customer reclaims, or for ecological destruction.
7. Order cancellation
7.1. In the event of cancellation of an order, and insofar as such a possibility is offered to the Buyer, the relevant legal provisions shall apply and the contract between the Buyer and the Seller shall be cancelled retroactively.
7.2. The Buyer cannot be reimbursed for delivery costs.
8. Order cancellation by the customer
Cancellation requests must be made before the products are dispatched in order to be taken into consideration, and no later than 2 hours after the order has been registered. After this time, cancellation is no longer possible.
9.1. The Buyer has a legal guarantee of conformity. In accordance with the legal provisions in force relating to the conformity of the goods to the contract or to hidden defects, defective products (through no fault of the Buyer) or products that do not correspond to the order will be reimbursed by the Seller, exchanged or repaired at the Buyer’s discretion, unless repair or exchange is impossible or would entail disproportionate costs for the Seller. The buyer may also decide to keep the defective product and request a price reduction from the Seller, unless the Seller offers to exchange or repair the good.
9.2. In this case, the products must be returned to the Vendor in the condition in which they were received with all the elements (accessories, instructions, etc.) in packaging that allows them to be transported under good conditions. The shipping costs will be reimbursed to the Purchaser on the basis of the invoiced rate and the return costs will be paid by the Vendor.
9.3. Reimbursement will be made by re-crediting the payment method used for the order or by means of a discount voucher for the purchase of another product.
10. User liability
The User is responsible for all activities carried out from his User account, unless he can demonstrate misuse of his User account not resulting from a breach of his duty of care.
11. Intellectual property
11.1. All texts, comments, works, illustrations, works and images reproduced or represented on the Site are strictly reserved under copyright and intellectual property law, for the duration of the protection of these rights and for the whole world. Any total or partial reproduction or representation of the Site or of all or part of the elements found on the Site is strictly forbidden.
11.2. The company names, trademarks and distinctive signs reproduced on the Site are protected under trademark law. The reproduction or representation of all or part of any of the above-mentioned signs is strictly prohibited and requires the prior written authorization of the trademark owner.
12. Personal data protection
Users’ personal data are processed by OPTIN in the event of a Purchase by a Buyer. The processing of Users’ personal data is essential for access to and use of the Services. To find out more about the processing of your personal data and your rights relating thereto, OPTIN invites you to consult the Privacy and Cookie Management Policy of the sapins.lu Platform available on the Site.
13. Modification of the General Terms and Conditions
13.1. OPTIN reserves the right to unilaterally modify the General Terms and Conditions at any time, in particular in the event of modifications to the Services.
13.2. OPTIN will then notify the Purchaser on the Website and/or by e-mail of such changes and the User will then have a period of one (1) month, from receipt of such notification, to notify its wish to terminate its membership. In the absence of such notification within this period, the Buyer will have validly accepted the modification of the General Terms and Conditions.
14. Partial nullity
If one or more stipulations of the General Terms and Conditions are held to be invalid or declared as such in application of a law, regulation or final decision of a competent court, the other stipulations will retain all their force and scope.
15.1. At any time, the Buyer may contact the Vendor and make any request or complaint relating to the Purchases using the messaging tool provided as part of the Service, in particular to assert his or her guarantees.
15.2. Disputes are settled directly between the Buyer and the Seller, if necessary using the messaging tool provided on the Service.
15.3. The Buyer and the Seller will make their best efforts to reach an amicable settlement of the dispute.
15.4. When claims are justified, the declared dispute may give rise either to the return of the product that was the subject of the Purchase, or to reimbursement.
16. Right of withdrawal
16.1 In accordance with the legal provisions in force, in the context of a purchase made from a professional Seller, the Buyer may not exercise the right of withdrawal for Products likely to deteriorate rapidly, which is the case for natural fir trees. Any order for perishable products will therefore result in the delivery of the product(s) ordered. Consequently, unless the order is cancelled within two hours of confirmation, no retraction will be possible.
16.2. For items not subject to rapid deterioration, in accordance with the legal provisions in force, in the context of a purchase made from a professional Vendor, the Purchaser has a period of fourteen (14) days from receipt of the product(s) ordered, or from the date of conclusion of the contract in the case of service contracts, to exercise his right of withdrawal from the said Vendor, without having to justify his reasons or pay any penalty.
16.3. In the event of exercising the right of withdrawal within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed, with return shipping costs remaining the responsibility of the Purchaser, unless otherwise indicated by the Vendor.
16.4. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) in packaging identical to that used at the time of shipment, enabling them to be marketed.
16.5. Returns must also be accompanied by proof of purchase and a copy of the invoice or delivery note, to optimize management.
16.6. In accordance with current regulations, the right of withdrawal cannot be exercised for certain goods and services listed in article L. 222-9 of the French Consumer Code.
16.7. The Buyer shall exercise his right of withdrawal directly with the relevant Seller by any means and in particular by e-mail expressing the Buyer’s wish to withdraw without any ambiguity, and mentioning the order concerned by this withdrawal using the messaging tool provided as part of the Service. Once the withdrawal form or declaration has been sent to the Vendor, the Buyer must return the Product(s) concerned to the Vendor within a reasonable period of time and, at the latest, within fourteen (14) days following the communication to the Vendor of the Buyer’s decision to withdraw.
16.8. The Buyer returns the Product(s) to the address indicated by the Seller using the messaging tool provided as part of the Service.
16.9. The Vendor will reimburse the sums paid (including delivery costs) at the latest within fourteen (14) days from the date on which the right was exercised with the Vendor, using the same means of payment as that used for the order. This refund date may be deferred until the product has been recovered. Refunds will only be processed once the returned items have arrived at sapins.lu.
17. Applicable law – Settlement of disputes
17.1. The General Terms and Conditions are governed by the laws of the Grand Duchy of Luxembourg. Any dispute relating to their interpretation and/or performance shall be subject to the jurisdiction of the Court of OPTIN’s registered office, unless mandatory legal provisions grant the Purchaser the jurisdiction of other courts. For deliveries outside the territory of Luxembourg, the application of the law of the Grand Duchy of Luxembourg does not preclude mandatory legal provisions, more favorable to consumers, which may exist in another member country of the European Union.
18.1 Cookie management policy
18.2. What are cookies for?
The cookies used on our site are used to differentiate you in order to improve your browsing experience and the services we offer you. In practice, technological cookies enable us to authenticate and identify you, and speed up your browsing on our site and access to its various functions, such as shopping cart management. Other cookies, known as “analytic” cookies, may be used to compile statistics on the number of visitors to our site, so that we can improve and offer you even greater comfort when visiting our site, and to provide you with targeted offers based on your browsing habits.
18.3. Shelf life
Without any action on your part, the cookies stored on your terminal will have a limited life of 13 months maximum, and this period will not be automatically extended when you visit the site again.
18.4. Cookie management
There are several ways to manage cookies.
18.4.2 Setting parameters on a cookie management platform
If you do not wish sapins.lu to store all or part of the Cookies, you can inform us of your choices by clicking on the button below.