Terms and condition

Liberté 56 SARL

Welcome to our website dedicated to our brand LIBERTÉ56® (the “Website”).

You should be of legal drinking and smoking age in your country to visit the Website!

When having a Member account, it is your responsibility to ensure legal usage of this account (e.g. not letting a minor use it).

These Terms and conditions together with our Privacy Policy and Cookie Policy (the “Terms”) govern your use of this Website.

Applicability

These Terms apply to all visits and all use of this Website of LIBERTÉ56 located at Avenue de la Liberté 56, 1930 Luxembourg, the Luxembourg (‘LIBERTÉ56’ or ‘we’ or ‘us’), as well as to all information, recommendations and/or services provided you on or through this Website (the "Information").

By using this Website you agree to the applicability of these Terms. We note that these Terms may be changed over time. Such changes shall be effective immediately upon the posting of the modified Terms. Users of the Website are advised to regularly read the Terms for possible changes.

Information and Liability

The Information is for general information purposes only and does not constitute advice. LIBERTÉ56 shall not be liable for any damages resulting from the use (or inability to make use) of this Website, including any incorrectness or incompleteness of the Information, unless such damage is the result of any wilful misconduct or gross negligence on the part of LIBERTÉ56.

LIBERTÉ56 shall furthermore not be liable for damages that may result from the use of electronic means of communication, including, but not limited to, damages resulting from the failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

Intellectual property rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by LIBERTÉ56, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You can use the Website only for purposes in line with these Terms. You are permitted to make copies of (parts of) the Website for personal use. You must not use any part of the content on our Website for other purposes without obtaining a written licence from us.

Payment

We reserve ownership of the products until full payment of these products has been made.

Membership payment

1. VivaWallet

   Our online shop uses the VivaWallet payment service, when clicking on one of the payment buttons at checkout the VivaWallet service will appear in a new window. For further information on their Terms and Conditions please visit their website under the following link: https://www.vivawallet.com/terms-and-conditions.

   When paying the Membership fee on the Member page, you agree to repeatedly pay the indicated amount to us. This amount may change over time.

   If you choose to cancel your Membership, please note that we can only terminate further payments. You cannot get a refund of the Membership, however you can continue to use your Membership until it expires. When canceling the Membership, the Member account will exist further on to have a record of the receipts and bought items, however you will not get charged any money! This also allows you to reactivate the Membership once you choose to continue using it (for this just go to the Member page, login and choose one of the Membership packets to pay).

Shopping cart payments

1. VivaWallet

   Our online shop uses the VivaWallet payment service, when clicking on one of the payment buttons at checkout the VivaWallet service will appear in a new window. For further information on their Terms and Conditions please visit their website under the following link: https://www.vivawallet.com/terms-and-conditions.

2. In-Shop

   If In-Shop payment is applicable (specified at checkout), payment can be done with Cash, Card or Payconiq in the store. In-Shop payment has a deadline (specified at checkout), if this deadline is not met, the order will be canceled and the items will be put back on sale.

Delivery

1. Delivery Destination

   Our online shop provides delivery services exclusively within Luxembourg.

2. Delivery Schedule

   All deliveries will normally be processed and dispatched on each Saturday of the week. Please note that orders placed after the delivery cut-off time on Saturday will be scheduled for the following week's delivery.

   Once an order is placed and payment is successfully processed, we will begin processing the order. Please allow up to 3 business days for order and payment verification, packaging, and preparation for delivery.

   While we aim to deliver orders as quickly as possible, please note that the estimated delivery time may vary based on the delivery location within Luxembourg. Typically, you can expect to receive your order within 3 to 6 business days after your order date. After the order has been made, the items need to be provided within 30 days.

3. Delivery Method

   We personally deliver your selected items to your given address within Luxembourg.

4. Delivery Charges

   The price of the delivery charges will be shown at the checkout.

5. Delivery Address

   Please ensure that while registering as a Member you provide a correct and complete delivery address. We cannot be held responsible for any delays or issues caused by incorrect or incomplete address information.

   If you need to change the delivery address after placing your order, please contact us (via Email as example: info@liberte56.lu) as soon as possible. We will do our best to accommodate your request.

Purchase

For each of the following, there is a button on the checkout page, however some buttons may only appear in specific use cases.

1. Reservation

   The price to do a reservation has to be between 250€ and 2000€.

   This allows our clients to quickly reserve some items up to a maximum price (specified at checkout) and for a specific period of time (specified at checkout). Payment can then be made in the store when picking up the items within the time limit. If this deadline is not met, the order will be canceled and the items will be put back on sale.

2. Payment & Reservation

   The minimum price to pay and reserve is 250€.

   This allows clients to reserve for an indefinite amount of time by paying upfront on this website. The client may then choose when to pick up their items, keeping in mind the opening hours of the store. To pick up paid items in the store we need to have proof of payment on our side, therefor pick-up begins at earliest 3 business days after the purchase.

3. Payment & Delivery

   The minimum price to pay and get the items delivered is 250€.

   This allows clients to pay upfront on this website and receive their items via delivery to their destination (specified when creating the account in the shop). Further delivery conditions are stated above.

4. In-Shop

   This allows our clients to go through our wide range of products on this website while being in the shop and therefor being able to pay in the shop.

Warranty

1. Time Period

   Items sold by us have a legal warranty of two years, meaning that these items will be free of non-comformities for at least this time period. If any non-comformities appear within this period, you can request a solution.

2. Solution

   If an item sold by us has a non-comformity within the specified time limit, there are the following options:

   • You can choose to have the item repaired or replaced without additional costs.
   • You can opt for a proportional price reduction.
   • You can terminate the contract and receive a full refund for the item.

Return / Cancelation

You have the right to cancel your order without providing any reason within 14 days of receiving the products. This "cooling-off period" allows you to assess your purchase and decide whether to keep the products or return them for a refund.

1. Return Eligibility

   To be eligible for a return and refund, the following conditions must be met:

   • The cooling-off period of 14 days has not expired since you received the products. If we are closed on the last day, the period is extended to the next day on which we are open.
   • The products are in their original, unopened, and undamaged condition.
   • The products are suitable for reselling.
   • The item's nature allows it to be returned (not eligible are as example items which are likely to rapidly deteriorate or expire, like tabaco products).
   • The item is not a newspaper, periodical, magazine, bet or a lotterie.

2. How to Request a Return

   To initiate a return, please follow these steps:

   1. Contact us (via Email template as example: info@liberte56.lu) within the cooling-off period and inform us of your decision to cancel the order.
   2. We will provide you with the necessary instructions and a return delivery address.
   3. Pack the products securely in their original packaging to avoid damage during transit.
   4. Ship the products back to us using a reputable and trackable delivery method. Please note that return delivery costs are your responsibility, unless the products were damaged or defective upon receipt.

3. Refund Process

   To initiate a return, please follow these steps:

   1. Upon receiving the returned products and verifying their eligibility, we will process your refund within 14 days. The refund will include the original purchase price and standard delivery costs, where applicable.
   2. If the products do not meet the return eligibility criteria or if the return is requested beyond the cooling-off period, we may offer an exchange or store credit at our discretion.

4. Damaged or Defective Products

   If you receive products that are damaged or defective, please contact us (via Email as example: info@liberte56.lu) immediately. We will provide instructions for returning the items and offer a replacement, exchange, or full refund, including return delivery costs.

Data protection

We ensure that all of our clients data is used in a responsible matter and only data necessary is collected. As required by law, we follow the GDPR rules set for Luxembourg. For more information about our data collection, see our Privacy policy.

Indemnification

You agree to indemnify us from and against any actions, claims and liabilities arising out of or relating to your violation of these Terms or any unlawful use of the Website.

Miscellaneous

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

Please do not share our content with anyone under the legal drinking or smoking age.

Dispute

If at any point there is a dispute, customers can always contact one of the following authorities (However feel free to contact us first to resolve the issue):

• Union luxembourgeoise des consommateurs (for a dispute in Luxembourg)
• European Consumer Centre (for a cross-border dispute)

Vocabulary

• SARL
• R.C.S.
• Tel
• GDPR
• In-Shop payment Selecting products on this website from anywhere and paying during a given duration in our shop
• In-Shop purchase Selecting products on this website in our shop (without a Member account) and paying instantly in our shop
• Checkout The page of this website when clicking on the cart icon (top right corner)
• Specified at checkout Wethever it is possible or not to use the referenced functionality
• Business days Days when the Business is open
• Fluctuating financial market rates Prices which can change constantly but are not set by us

The most recent version of this Terms and Conditions is dated: 8^th January 2024.