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Terms and Conditions
Terms and Conditions of Use and Sale of the Site
202b, rue de Hamm – Luxembourg
registered at the Luxembourg Trade Register: number B116064.
Hereinafter referred to as the “Site”.
1. Scope of Application
1.1. The purpose of these User Terms and Conditions is to define the terms and conditions under which OPTIN provides Buyers with technological tools used for the purchase of goods and services.
1.2. In order to use the Service, the Purchaser must agree to be bound by these User Terms and Conditions without restriction or reservation. This acceptance is evidenced by a validation click when registering on the Website.
1.3 OPTIN reserves the right to modify these TOS. Any subsequent changes shall take effect immediately for the online products or services upon notification to the Purchaser and publication on the Website. They shall not apply to transactions in progress at the time of their entry into force.
2. Other Definitions
2.1. The term “Purchases” means 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 the Buyer under the conditions described in these TOU.
2.2. The term “Buyer(s)” refers to the adult users of the optin.lu website 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, if applicable, delivery costs. The price elements are indicated in accordance with the legal provisions.
2.4. The term “Delivery Service” refers to the delivery service.
2.5. optin.lu offers the following sales and delivery methods for the products:
2.5.1. The purchase of a product without delivery and to be taken by the Buyer from the Seller’s store.
2.5.2. Online Order” is understood to mean the purchase of a delivered product.
3. Access to the Services
3.1. To access the Services of the optin.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. 3.1.1. At the time of his first order, the Buyer will have to read and accept the General Conditions by “opt-in”, in particular with regard to the Policies of Confidentiality and management of the cookies.
3.2 Each User agrees to provide accurate, current and complete information.
3.3 Each User agrees to maintain accurate and up-to-date information on an ongoing basis.
3.4. Each User agrees to immediately inform optin.lu in the event of suspected unauthorized use or theft of his or her User account, and to immediately change the password.
3.5. Registration with optin.lu is free of charge for Buyers.
4. Obligations of the Buyer
4.1. The Buyer undertakes to act in accordance with the obligations defined in the present User Terms and Conditions and to respect the Seller’s general terms and conditions of sale when making Purchases.
4.2. The Buyer agrees to provide accurate and truthful information regarding his contact and address data, including data for payment processing, and to keep all such information up to date.
4.3. The Buyer who has chosen the procedure of collection from the store undertakes to collect the goods by his own means within a maximum of three (3) weeks following the payment of the order, unless otherwise indicated by the Seller.
4.3.1. The Buyer will receive a reminder after two weeks.
4.3.2. If, despite the reminder, Buyer does not withdraw from the Purchase within the aforementioned period, the Purchase shall be terminated at the end of the three (3) weeks following payment of the order, Seller shall recover ownership of the products or services and retain the amount paid by Buyer as compensation. Buyer shall not be entitled to any refund or compensation.
5. Order management
5.1. The acceptance of the order by the Seller creates a contract of sale between the Seller and the Buyer having for object :
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 obligation for the Buyer to pay the agreed Price to the Seller and to accept delivery.
5.2. The Buyer shall pay the Price at the conclusion of the contract and before any delivery of the product or service.
5.3. The Seller shall issue an invoice to the Buyer for the price of the order.
5.4. Buyer agrees to immediately pay the amount due to Seller.
5.5 Cancellation of an order
5.5.1 In the event of cancellation of an order, and insofar as the Buyer is given the opportunity to do so, the relevant legal provisions shall apply and the contract between the Buyer and the Seller shall be cancelled retroactively.
5.5.2 The Buyer shall not be entitled to a refund of the delivery costs.
6.1. The Buyer has a legal guarantee of conformity. In accordance with the legal provisions in force relating to the conformity of the good to the contract or to hidden defects, the defective products (without this being due to the fault of the Buyer) or not corresponding to the order will be reimbursed, by the Seller, exchanged or repaired at the Buyer’s choice, except if the repair or the exchange are impossible or would generate disproportionate costs for the Seller. Buyer may also choose to keep the defective product and request a price reduction from Seller, unless Seller offers to exchange or repair the good.
6.2. In this context, the products must be returned to the Seller in the state in which they were received with all the elements (accessories, instructions…) in a packaging allowing a transport in good conditions, the shipping costs will be reimbursed to the Buyer on the basis of the invoiced rate and the expenses of return will be taken care by the Seller.
6.3. The refund will be made by re-crediting the payment method used at the time of the order or by means of a discount voucher for the purchase of another product.
7. Responsibility of the Users
The User is responsible for all activities that are 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.
8. Intellectual Property
8.1. All texts, comments, works, illustrations, works and images reproduced or represented on the Site are strictly reserved under copyright law and intellectual property law, for the entire duration of protection of these rights and for the entire world. Any reproduction or representation, in whole or in part, of the Site or of all or part of the elements found on the Site is strictly forbidden.
8.2. The corporate names, brands and distinctive signs reproduced on the Site are protected under trademark law. The reproduction or representation of all or part of one of the aforementioned signs is strictly prohibited and must be subject to prior written authorization from the owner of the trademark.
9. Protection of personal data
Users’ personal data are processed by OPTIN in the event of a Purchase by a Purchaser. The processing of Users’ personal data is essential for the access and use of the Services. To learn more about the processing of your personal data and your rights in relation thereto, OPTIN invites you to consult the Privacy and Cookie Management Policy of the optin.lu Platform available on the Website.
10. Changes to the Terms and Conditions
10.1. OPTIN reserves the right to unilaterally modify the Terms and Conditions at any time, including, without limitation, in the event of changes to the Services.
10.2. OPTIN shall notify the Purchaser on the Web Site and/or by e-mail of such changes and the User shall have one (1) month from the receipt of such notification to give notice of its intention to terminate its membership. In the absence of such notification within this period, the User will have validly accepted the modification of the General Conditions.
11. 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, a regulation or a final decision of a competent court, the other stipulations shall retain all their force and scope.
12.1. At any time, the Buyer may contact the Seller, to address any request, claim relating to the Purchases by using the messaging tool made available within the framework of the Service, in particular to assert its guarantees.
12.2. Disputes shall be settled directly between the Buyer and the Seller, if necessary using the messaging tool made available on the Service.
12.3. The Buyer and the Seller shall make their best efforts to reach an amicable resolution of the dispute.
12.4. When the 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 a refund.
13. Right of withdrawal
13.1. In accordance with the legal provisions in force, in the case of a purchase made from a professional Seller, the Buyer has a period of fourteen (14) days from receipt of the product(s) ordered or from the day of the conclusion of the contract in the case of service contracts to exercise his right of withdrawal from the said Seller, without having to justify his reasons or pay any penalty.
13.2 In case of exercising the right of withdrawal within the above-mentioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Buyer, unless otherwise specified by the Seller.
13.3. The returns are to be made in their original condition and complete (packaging, accessories, instructions …) in a packaging identical to that used during the shipment allowing their remarketing.
13.4. Returns must also be accompanied by a proof of purchase and a copy of the invoice or delivery note of purchase for an optimized management.
13.5. 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 Consumer Code.
13.6. The Buyer shall exercise his right of withdrawal directly to the Seller concerned by
– 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 made available within the framework of the Service.
– Once the withdrawal form or declaration has been sent to the Seller, the Buyer must return the Product(s) concerned to the Seller within a reasonable period of time and, at the latest, within fourteen (14) days following the communication to the Seller of the Buyer’s decision to withdraw.
13.7. Buyer shall return the Product(s) to the address provided by Seller using the messaging tool provided as part of the Service.
13.8. The Seller shall refund the sums paid (including delivery costs) within fourteen (14) days from the date on which the right was exercised to the Seller, using the same means of payment as that used for the order. This refund date may be deferred until the product is recovered.
14. Applicable law – Dispute resolution
14.1. The General Conditions are governed by the law 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 the registered office of OPTIN, 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 the application of mandatory legal provisions, more favourable to consumers, which may exist in another member state of the European Union.
COOKIE MANAGEMENT POLICY
1. What are cookies used for?
The cookies used on our site are used to differentiate you in order to improve your navigation and the services we offer you. In practice, the technological cookies allow us to authenticate you, to identify you, to accelerate your navigation on our site and the access to its various functionalities such as the management of the shopping cart. Other cookies, known as analytical cookies, can be used to establish statistics on the audience of our site, in order to improve and offer you more comfort when visiting our site, and to propose targeted offers according to your navigation.
2. Duration of conservation
Without any action on your part, the cookies stored in your terminal will have a limited life of 13 months maximum, this duration not being automatically extended during your new visits on the site.
3. Cookie management
You have different ways to manage cookies.
3.2 Settings on a cookie management platform
If you do not want optin.lu to be able to deposit all or part of the Cookies, you can inform us of your choices by clicking on the button below.