GENERAL TERMS AND CONDITIONS OF SALE
Welcome to the Cycles Arnold Kontz online store.
Cycles Arnold Kontz provides you with website features and other products and services when you visit or shop on the cyclesarnoldkontz.lu website (the "Website"), subject to the conditions set out on this page.
These General Terms and Conditions of Sale govern the sale of products between Cycles Arnold Kontz and you. For conditions relating to sales between you and third-party sellers on the cyclesarnoldkontz.lu website. We offer a wide range of Services, and additional conditions may apply. Furthermore, when you use a service (e.g., your Profile, Gift Cards, mobile applications, or Communication Manager), you are also subject to the terms, guidelines, and conditions applicable to that service (the "Service Terms"). If these General Terms and Conditions of Sale conflict with the Service Terms, the Service Terms will prevail.
Please read these conditions carefully before placing an order with Cycles Arnold Kontz. By ordering with Cycles Arnold Kontz, you notify us of your agreement to be bound by these conditions.
1. HOW TO ORDER
If you wish to purchase one or more product(s) listed on the Website, you must select each product you wish to purchase and add it to your basket. Once you have selected all the products you want to buy, you can confirm the contents of your basket and place the order.
At this stage, you will be redirected to a page summarizing the details of the products you have selected, their price, and delivery options (with relevant delivery fees). You will then need to choose the delivery options as well as the shipping and payment methods that best suit you.
At the top of this page, there is the purchase button. You must click this button to confirm and place your order.
After you place your order, we will send you a confirmation message. We will inform you when your items are dispatched. You nevertheless have the option to modify your order until the dispatch date of your items.
Please note that we sell products only in quantities corresponding to the usual average needs of a household. This applies both to the number of products ordered in a single order and to the number of individual orders respecting the usual quantity for a normal household placed for the same product.
You agree to obtain your purchase invoices electronically. Electronic invoices will be made available to you in .pdf format. For each delivery, we will indicate in the dispatch confirmation message if an electronic invoice is available. You can also receive invoices in paper format.
2. RIGHT OF RETENTION
Products delivered remain the property of Cycles Arnold Kontz until their handover to the carrier.
3. 14-DAY RIGHT OF WITHDRAWAL, EXCEPTIONS TO THE RIGHT OF WITHDRAWAL, OUR 30-DAY RETURNS POLICY
LEGAL RIGHT OF WITHDRAWAL
Unless one of the exceptions listed below applies, you can withdraw from your order without giving a reason within 14 days from the date on which you, or a third party designated by you (other than the carrier), physically took possession of the goods purchased (or the last good, lot, or piece if the contract covers the delivery of several goods or several lots or pieces delivered separately) or from the date on which you concluded the contract for service provisions.
You must notify us (Cycles Arnold Kontz, 3 rue de Strasbourg, L-2561 Luxembourg) of your decision to withdraw from your order. You can submit your request online in accordance with the instructions and forms available on our website, or by mail.
To meet the withdrawal deadline, it is sufficient for you to send your withdrawal request before the 14-day period expires and to return your product.
For any further information on the scope, content, and instructions for exercising your right of withdrawal, please contact us either by email at cycles1@arnoldkontz.lu or by phone at +352 40 96 74-214.
EFFECTS OF WITHDRAWAL
We will refund all payments we have received from you, including standard delivery costs (i.e., corresponding to the least expensive delivery we offer) no later than 14 days from the receipt of your withdrawal request. We will use the same payment method you used for your initial order, unless you expressly agree to a different method. In any event, this refund will not incur any additional costs for you. We may defer the refund until we have received the product(s) or until you have provided proof of shipment of the product(s), the date taken being the earlier of these events. If the refund occurs after the deadline mentioned above, the amount due to you will be automatically increased.
Please note that you must return the product(s) following the instructions available on our online returns center no later than 14 days from the date you notified us of your decision to withdraw.
You must bear the direct costs of returning the product(s). You will be responsible for any depreciation in the value of the product(s) resulting from handling (other than that necessary to establish the nature, characteristics, and proper functioning of the product(s)).
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply to:
- the delivery of products that cannot be returned for reasons of hygiene or health protection if you have unsealed them, or which have, after being delivered, been inseparably mixed with other items;
- the delivery of audio or video recordings or computer software when you have unsealed them after delivery;
- the delivery of products that have been made to your specifications or clearly personalized;
- the supply of products liable to deteriorate or expire rapidly;
- the supply of services fully performed by Amazon for which you agreed at the time of placing your order that we would begin their performance, and waived your right of withdrawal;
- the supply of newspapers, periodicals, or magazines, with the exception of subscription contracts for these publications; and
- the supply of alcoholic beverages whose agreed value at the time of concluding the contract depends on market fluctuations beyond our control.
OUR 30-DAY RETURNS POLICY
Without prejudice to your legal rights, Amazon offers you the following returns policy: All products from the Cycles Arnold Kontz website can be returned within 30 days of receipt of the products by Cycles Arnold Kontz if the products are complete and in new and undamaged condition. For plastic-wrapped or sealed data carriers (e.g., CDs, audio cassettes, VHS videos, DVDs, PC games, video games, and software, items from the Hygiene, Beauty, and Animal Health store), we will only accept them if they are still in their plastic packaging or have not been unsealed. This returns policy does not apply to digital content or computer software that is not supplied on a physical medium (e.g., on a CD or DVD). Return shipping costs are refunded for returns of clothing or footwear purchased from the Cycles Arnold Kontz store and covered by the free fashion item return policy.
If you return product(s) in accordance with our return policy, we will refund the price you paid but not the delivery costs of your initial purchase. Similarly, the transport risks and return delivery costs will be at your expense. Delivery and return costs are only refunded for clothing and footwear purchased from one of our sites. This returns policy does not affect your legal rights, including your legal right of withdrawal described above.
You also benefit from the legal guarantees of conformity and hidden defects mentioned in Article 6 of these General Terms and Conditions of Sale ("Our Liability Guarantees").
4. PRICE AND AVAILABILITY
All prices include all Luxembourg taxes (Luxembourg VAT and other applicable taxes) unless otherwise indicated.
We display the availability of the products we sell on the Website on each product page. We cannot provide more precision regarding product availability than what is indicated on that page or elsewhere on the Website. When processing your order, we will inform you as soon as possible by email using the address associated with your subscription or via the Communication Manager in Your Account, if products you have ordered turn out to be unavailable, and we will not charge you for these products.
Despite all our efforts, a small number of products in our catalog may display a price error. We will verify the price at the time of processing your order and before any payment. If it turns out that we have made an error in displaying the price, and the actual price is higher than the price displayed on the Website, we may contact you to ask if you wish to purchase the product at its actual price or if you prefer to cancel your order. If the actual price is lower than the displayed price, we will charge you the lower amount and send you the product.
5. CUSTOMS
When you order products from Cycles Arnold Kontz for delivery outside the European Union, you may be subject to import duties and taxes, which are levied when the package reaches its destination. Any additional customs clearance charges will be at your expense; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for more information. Furthermore, please note that when you place an order on Amazon, you are considered the official importer and must comply with all laws and regulations of the country in which you receive the products. Your privacy is important to us, and we draw the attention of our international customers to the fact that cross-border deliveries may be opened and inspected by customs authorities.
6. OUR LIABILITY - GUARANTEES
You benefit from the legal guarantee of conformity under the conditions of articles L.217-4 et seq. of the Consumer Code and the guarantee against hidden defects under the conditions provided for in articles 1641 et seq. of the Civil Code.
You have a period of two years from the delivery of the product to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity appearing. During this period, you are only required to prove the existence of the lack of conformity and not the date of its appearance.
When the product sales contract provides for the continuous supply of digital content or a digital service for a period longer than two years, the legal guarantee applies to this digital content or digital service throughout the entire planned supply period. During this period, you are only required to prove the existence of the lack of conformity affecting the digital content or digital service and not the date of its appearance. For these goods, the legal guarantee of conformity implies an obligation for the professional to provide all necessary updates to maintain the conformity of the good.
You have the right to choose between the repair or replacement of the product within thirty days of your request, free of charge and without major inconvenience to you.
Any product repaired under the legal guarantee of conformity benefits from a six (6) month extension of this guarantee.
If you request the repair of the good, but its replacement is imposed on you, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the product.
You can obtain a price reduction by keeping the product or terminate the contract by receiving a full refund against return of the product, if: (i) The professional seller refuses to repair or replace the product; (ii) The repair or replacement of the product occurs after a period of thirty days; (iii) The repair or replacement of the product causes significant inconvenience to you, particularly if you permanently bear the costs of recovery or removal of the non-conforming product, or if you bear the costs of installing the repaired or replacement product; (iv) The non-conformity of the product persists despite the seller's unsuccessful attempt to bring it into conformity.
You also have the right to a reduction in the price of the product or to the termination of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or contract termination. You are then not required to request repair or replacement of the product beforehand.
You do not have the right to terminate the sale if the lack of conformity is minor.
Any period during which the product is immobilized for repair or replacement suspends the remaining guarantee period until the delivery of the repaired product.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
A seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity incurs a civil fine of up to 300,000 euros, which can be increased up to 10% of the average annual turnover (article L. 241-5 of the Consumer Code).
You also benefit from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles you to a price reduction if the product is kept or a full refund against return of the product.
The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
We undertake to exercise all care customary in the profession for the implementation of the service offered to the customer. Nevertheless, our liability cannot be held in case of delay or failure to meet our contractual obligations if the delay or failure is due to a cause beyond our control: an unforeseeable event or a case of force majeure as defined by applicable law.
Our liability will not be engaged in case of delay due to a stock shortage at the publisher or supplier. Furthermore, our liability will not be engaged in case of minor differences between the presentation photos of the items and the texts displayed on the Cyclesarnoldkontz.lu Website, and the products delivered.
We employ all means at our disposal to ensure the services covered by these General Terms and Conditions of Sale. We are responsible for any direct and foreseeable damage at the time of using the Website or concluding the sales contract between us and you. In our relations with professionals, we shall incur no liability for loss of profits, commercial losses, loss of data, or loss of earnings, or any other indirect damage or damage that was not foreseeable at the time of using the Website or concluding the sales contract between us and you.
The limitation of liability referred to above is not applicable in cases of fraud or gross negligence on our part, in cases of personal injury or liability for defective products, in cases of eviction, and in cases of non-conformity (including due to hidden defects).
8. APPLICABLE LAW
These Terms of Use are governed by Luxembourg law (with the exception of its provisions concerning conflicts of law), and the application of the Vienna Convention on Contracts for the International Sale of Goods is expressly excluded. You, like us, agree to submit all disputes arising from the commercial relationship between you and us to the non-exclusive jurisdiction of the courts of the city of Luxembourg, which means that for the application of these General Terms and Conditions of Sale, you can bring an action to assert your consumer rights, in Luxembourg or in the country of the European Union in which you reside. If you are a consumer and your habitual residence is in a country of the European Union, you also benefit from rights protecting you under the mandatory provisions of the law applicable in your country of residence.
The European Commission provides an online dispute resolution platform that you can access here: https://ec.europa.eu/consumers/odr/.
9. MODIFICATION OF SERVICE OR GENERAL TERMS AND CONDITIONS OF SALE
We reserve the right to make changes to our Website, our procedures, and our terms and conditions, including these General Terms and Conditions of Sale, at any time. You are subject to the terms and conditions, procedures, and General Terms and Conditions of Sale in force at the time you order a product from us, unless a change to these terms and conditions, or these General Terms and Conditions of Sale is required by an administrative or governmental authority (in which case, this modification may apply to previous orders you have placed). If any provision of these General Terms and Conditions of Sale is deemed invalid, void, or unenforceable for any reason, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
10. WAIVER
If you breach these General Terms and Conditions of Sale and we take no action, we would still be entitled to use our rights and remedies in all other situations where you violate these General Terms and Conditions of Sale.