TERMS AND CONDITIONS FOR ORDERS PLACED VIA THE SAKANANA WEBSITE - VERSION FROM 15/01/2018
These are the terms and conditions of sale ("Conditions") of SaKaNaNa Sàrl whose registered office is 46 rue du Château, L-6961 Senningen (G-D LUXEMBOURG) (registered in Luxembourg under company number B202391). These terms will apply to all purchases of Goods Worldwide when you order via our website sakanana.lu (our "Website"). Please read this document carefully before placing your order. By accepting the Terms and Conditions when confirming your order, you confirm your unconditional acceptance of these Conditions. Please note that: Not all items featured on our web site or in advertisements are available via our Website. We may change these Conditions from time to time. The latest version of these Conditions is available on our Website. These Conditions can be saved electronically or printed by all users of our Website. Whilst they remain posted on our Website, these Conditions will apply to all transactions carried out via our Website.
- 1.1 "Party" means either you or us; "Parties" means you and us.
- 1.2 The contract for supply of Goods ("Contract") will be formed when we accept your order. Acceptance of an order by us can only be made in Writing. Once the Contract has been formed with you we will file it in paper copy for our records. All orders are subject to availability.
- 1.3 Orders may only be placed by Customers aged 18 and over.
- 1.4 In deciding whether to accept your order we may carry out a credit check and then will only accept your order if we are satisfied with the results of such a check. You confirm that you agree to us carrying out such a check.
- 1.5 These Conditions and any matters referred to on our receipt form the entire understanding between you and us and supersede any prior promises, representations (unless fraudulent) or undertakings.
- 1.6 Any omission or error in any sales literature, or in any advertisement whether in newspapers, magazines, on the Internet or otherwise or in any invoice or other document issued by us may be corrected by us without liability.
- 1.7 The provisions of the Contracts (Rights of Third Parties) are expressly excluded from the Contract so that no third party may claim any rights under this Contract.
- 1.8 These Conditions comply in all respects with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Electronic Commerce (EC Directive) Regulations 2002.
- 1.9 Clause headings are for convenience only and do not affect the interpretation of these Conditions. Words in the singular include the plural and vice versa.
2. IDENTIFICATION OF THE OFFEROR
SaKaNaNa Sàrl whose registered office is 46 rue du Château, L-6961 Senningen (G-D LUXEMBOURG) (registered in Luxembourg under company number B202391 - VAT No LU28299968) (referred to in these terms as "we" or "us").
3. INFORMATION RELATING TO GOODS
Information on the range of Goods sold via our Website is available, with product references on our Website. All orders are subject to availability.
- 4.1 Orders via our Website:
- 4.1.1 Orders can be placed through our Website. You will be responsible for paying any costs of connection to our Website.
- 4.1.2 Whilst we try to ensure that our Website is reliable and available at all times, the Internet is not an inherently stable medium, and errors, omissions, interruptions of service and delays may occur at any time. We do not give any warranty for the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses or timeliness of the content or services contained on our Website.
- 4.1.3 We will not be liable for any damages (including without limitation loss of profit or loss of use) arising out of your use or delay or inability to use our Website, its content or any link to another website arising in contract, tort (including negligence) or otherwise, except in the case of death or personal injury caused by our negligence.
- 4.1.4 When placing an order for the first time, you will be required to open an account with us and complete certain required fields on an order form. All steps necessary for placing an order are detailed on our Website.
- 4.1.5 In the event prolonged inactivity causes your connection to our Website to fail, your selection of Goods may be lost. In such case, you will be required to re-enter your selection.
- 4.1.6 Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors. All information on our Website is an invitation to treat only and is not an offer or unilateral contract. Your order represents an offer by you to purchase the Goods. We will acknowledge receipt of your order without delay by sending a confirmation email. Please note however that such confirmation email does not constitute acceptance of your order.
- 4.1.7. The sale will only be binding on us once we have notified you that the order is accepted, and the Goods will then be dispatched by us. This means that if Goods are shown on our Website but are not available or are incorrectly priced or otherwise incorrectly described, we shall not be obliged to sell you such Goods.
- 4.1.8 You will only be charged for Goods once they have been dispatched to you.
- 5.1 The price of the Goods you order will be shown on the Website before you confirm your order. All prices are in euro (€) and inclusive of VAT and (except where otherwise stated on our Website) inclusive of delivery costs (via DHL).
- 5.2 If an error is found in the price of Goods you have ordered, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel the Contract, we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the Goods including any delivery costs paid.
- 6.1 You must pay for the Goods prior to their dispatch to you by credit card or PayPal, or other payment methods as they become available from time to time by notice on our Website. Payment must be in euro (€). The following credit cards are accepted: Visa, MasterCard and American Express as well as VPay. The name of the account holder must match the name of the person placing the order. In addition, International bank transfers and cash transfers will not be accepted.
- 6.2 Your credit card will be debited at the time the order is dispatched. You must confirm to us the name which appears on the credit card to be debited, give the card number and the expiry date as shown on the front of the card, as well as the security code on the reverse of the credit card. We undertake to keep this information strictly confidential.
- 6.3 In order to counter Internet fraud, payments through our Website will be managed on-line with the banking organisations concerned through the facilities offered by xxx, a third party based in xxx. This company will be responsible for holding and automated handling in a secure environment the information relating to each order, including bankcard details. We reserve the right to put in place additional/other payment security system(s) from time to time.
- 6.4 To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Conditions, you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
- 6.5 In the event that the sum due from you cannot be debited for whatever reason (including, without limitation, stopped payment, refusal by the issuer of the card), the sale will be cancelled immediately, and you will be notified in Writing.
- 7.1 Once payment has been confirmed, the Goods you ordered will be delivered in accordance with the delivery method put in place by us for to the address which you mentioned to us when you placed your order.
- 7.2 If there is no one at the address given who is competent to accept delivery of the Goods, you will be asked to contact our Client Service in order to arrange an alternative delivery date to collect the Goods.
- 7.3 No delivery will take place unless payment for the Goods has been received. We will endeavour to deliver by the date or time agreed however, we will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.
- 7.4 Please note that all packages containing Goods to be delivered to you will be weighed by us prior to their dispatch.
- 7.5 Ownership of the Goods and the risk for damage to the Goods passes to you upon delivery which will be completed once we have delivered the Goods to the address you gave us.
- 7.6 If, at the time of delivery, the packaging is damaged, please open the package in the presence of the carrier in order to verify the condition of the Goods. In the event of damage to the Goods, you should note the details on the delivery note and contact our Client Service (see condition 11 below).
- 7.7 Our maximum delivery deadline is from 30 days once payment for the Goods has been received (see 7.3)
- 7.8 If we miss the 30 day delivery deadline for any Goods then you may cancel your order straight away if any of the following apply: (a) We have refused to deliver the Goods; (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or (c) you told us before we accepted your order that delivery within the delivery deadline was essential.
- 7.9 If you do not wish to cancel your order straight away, or do not have the right to do so under Condition 7. you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
- 7.10 If you do choose to cancel your order for late delivery under conditions 7.8 you can do so. If the Goods have been delivered to you, you will have to return them to us on your own expense. After you cancel your order we will refund any sums you have paid to us for the cancelled Goods and their delivery.
8. OUR LIABILITY TO YOU
- 8.1 If we fail to comply with these Conditions we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Conditions or our negligence. We will not be liable to you by way of representation (unless fraudulent), tort (including negligence), common law duty or under any express or implied term of the Contract for:
- 8.1.1 any losses or damage which are not reasonably foreseeable by both Parties when the Contract is formed arising in connection with the supply of the Goods or their use by you; or
- 8.1.2 loss of profit, loss of business, business interruption, or loss of business opportunity.
- 8.2 We do not exclude or limit in any way our liability for: (a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; (c) defective products under the Consumer Protection Act.
- 8.3 We shall repair or replace (and shall reimburse any delivery costs), free of charge (including costs of re-delivery) any Goods damaged or lost in transit where delivery has been made by our carrier, provided that:
- 8.3.1 you give us written notification of such damage or loss within 24 hours of the delivery date in the case of damage and within 24 hours of the anticipated delivery date notified to you at the time you placed your order in the case of loss, in order that we may comply with our carrier's conditions of carriage;
- 8.3.2 you produce to us any receipt or other documents relating to the Goods in question together with (in the case of a claim for damage) the original packaging for the Goods.
9. YOUR RIGHT OF CANCELLATION
- 9.1. You have the right to change your mind, end the contract and receive a refund up to the end of 14 days after you received the Goods.
- 9.2. To exercise your right of cancellation before the Goods have been delivered to you, you must give notice to us by sending us an email using our EMAIL email@example.com, giving details of the Goods ordered and (where appropriate) their delivery. We will fully refund or re-credit you (excluding the cost delivery) not later than 14 calendar days after the day on which we have received notice from you about your decision to cancel the order.
- 9.3. If you change your mind and end the contract for any reason after the Goods have been dispatched to you or you have received them, you must return them to us. You will be responsible for returning the Goods in their original packaging, complete with all related accessories, instruction booklets, labels, protective covers and boxes, together with the duly completed Return Voucher and the original invoice. To return the Goods, we will provide a complimentary collection service, whereby we will collect the item(s) you wish to return from your preferred address. To do so, you must contact our Client Service team via firstname.lastname@example.org and they will arrange the date and time for collecting your item(s). You must allow us to collect the Goods within 14 days of telling us you have changed your mind and wish to end the contract. We will refund you the price you paid for the Goods including delivery costs by the least expensive delivery method we offer. We will refund you by the method you used for payment. We will make any refunds due to you as soon as possible.
- 9.4. If you do not permit collection of the Goods as required under these Conditions within a reasonable time after notifying us of your decision to cancel the Contract, we may charge you a sum not exceeding the direct cost of recovering those Goods.
- 9.5. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we can inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- 9.6 In cancelling your order for the Goods, you may use the model cancellation form below, but it is not obligatory. If you communicate your cancellation electronically (by emailing the completed model cancellation form or otherwise) we will communicate to you an acknowledgement of receipt of such cancellation on a durable medium (e.g. by e-mail) without delay. ________________________________________________ To SaKaNaNa Sàrl - 46 rue du Château, L-6961 Senningen (G-D LUXEMBOURG), or by sending us an email using our EMAIL email@example.com (Please delete as appropriate) I/We hereby give notice that I/We cancel my/our contract of sale of the following goods [insert goods], which were ordered on [insert date]/received on [insert date]. Name of consumer: Address of consumer: Date:
- 9.7 The rights set out in this clause do not affect your legal rights in relation to faulty or misdescribed products.
10. FURTHER INFORMATION
For further information relating to these Conditions, or the Goods themselves, or to voice a complaint, you should contact us and send an email using our EMAIL firstname.lastname@example.org
11. INTELLECTUAL PROPERTY RIGHTS
The "SakaNaNa" trade mark as well as all trade-marks, whether they are figurative or not, and all other marks, illustrations, images, and logos which appear on our products, accessories or packaging, whether registered or not, are and remain the exclusive property of SaKaNaNa Sàrl, a company incorporated in Luxembourg (registered at the Registre de Commerce Luxembourg under number B202391), whose registered office is at 46 rue du Château L-6961 Senningen G-D Luxembourg. Any reproduction, whether complete or partial, modification or use of these marks, illustrations, images and logos, for whatever reason and in whatever medium, without our written, express and prior agreement, is strictly prohibited, as in any combination or use in conjunction with any other mark, symbol, logo and more generally any distinctive sign intended to form a composite logo.
12. DELAY OR FAILURE TO PERFORM
We shall not be liable to you if we are prevented or delayed in the performance of any of our obligations to you if this is due to any cause beyond our reasonable control including (without limitation): an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure of our supplier(s); failure by you to give us a correct delivery address or notify us of any change of address. We will inform you of any such unforeseen event or of force majeure within seven days of its occurrence, and will arrange a new delivery date with you once the relevant event is over. Should this interruption continue beyond a period of two weeks, you will be entitled to cancel the order. To cancel further to this Condition, please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
14. USE OF YOUR INFORMATION
The holding and using of personal information provided to SaKaNaNa Sàrl is governed by the Legal Notice posted on the Website. Please read this Legal Notice to understand how we use and protect the information that you provide to us. By placing an order on the Website, you consent to the collection, use and transfer of your information under the terms of the Legal Notice. All comments, queries or requests relating to our use of your information are welcome and should be sent to us by email using our EMAIL US email@example.com
15. GOVERNING LAW
The Contract and any dispute or claim arising out of or in connection with it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Luxembourg law. The Parties irrevocably agree that the court of Luxembourg shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract its subject matter or formation (including non-contractual disputes or claims).
TERMS AND CONDITIONS OF USE
This Web-Site (hereinafter the " Website ") is published by Sakanana Sàrl, a company incorporated in Luxembourg with a share capital of 20.000 Euros, registered with Luxembourg Trade and Companies Registry under number B202391, having its registered office located at 14 Rue Erasme, 1468 Luxembourg. Tel.: +352 26 42 81
Publishing in charge for the Website is: Vincent Backes.
The Website is hosted by Visual Online S.A., (a limited liability company incorporated in Luxembourg) with registered office located at 6 Rue Goell, 5326 Contern - Luxembourg. Tél : + 352 42 44 11 1
Access to the Website and the use of its contents is subject to the conditions set out below. By accessing the Website, the visitor is deemed to have irrevocably accepted these terms and conditions of use and to have agreed to abide by them. If the visitor does not accept these terms, its only remedy is to discontinue use of the Website.
This Website and all materials, text, code, content, software, graphics, photographs, illustrations, artwork, formats, files, devices and links contained in it or linked to it (together " Content ") are protected by copyrights, trademarks and other intellectual property rights owned by or licensed to, SaKaNaNa Sàrl.
Anyone accessing this Website is entitled to view any part of it for private and personal use. However, Content must not be used or reproduced (in whole or in part) for any other purpose including, without limitation, on or in connection with any other Website or publication, or for direct commercial gain.
SaKaNaNa TM products are sold exclusively through SaKaNaNa listed reseller shops in Luxembourg or all over the world via the e-commerce Website available solely within certain countries as further detailed on the Website. Contracts for the supply of goods formed through the Website are governed by separate terms and conditions of sale.
Any purchase outside of this eShop point of sale or SaKaNaNa official reseller shops in Luxembourg is entirely at the purchaser's risk, in particular with regard to the authenticity of any such purchased items.
Subject to the terms below, SaKaNaNa Sàrl takes steps to ensure that the information accessed via the Website is accurate and up-to-date but can give no guarantee or warranty as to the accuracy, timeliness or completeness of any information or material appearing on it. SaKaNaNa Sàrl reserves the right to correct the Website content at any time without prior notice and without liability.
SaKaNaNa Sàrl cannot be held liable for:
- Any inaccuracy or omission in respect of the information or material provided on the Website by a third party
- Any inability to access the Website due to any third party act or action.
The visitor hereby acknowledges that access to the Website may be interrupted at any time by SaKaNaNa Sàrl for maintenance, security, or any other technical reason. SaKaNaNa Sàrl will not be liable if for any reason the Website is unavailable at any time or for any period.
Save for liability which SaKaNaNa Sàrl cannot by law restrict or exclude, SaKaNaNa Sàrl shall have no liability to visitors to the Website or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort, negligence or otherwise, even where SaKaNaNa Sàrl has been advised of the possibility of the same whether resulting from access to the Website, inability to access the Website or any information or material directly or indirectly provided through the Website or otherwise. This does not affect any liability of SaKaNaNa Sàrl for fraud or for death or personal injury arising from its negligence.
Each visitor to the Website may, at his/her option, provide SaKaNaNa Sàrl with personal information, in order for SaKaNaNa Sàrl to better understand visitors' expectations, and to provide information on SaKaNaNa products to visitors who have opted for receiving such information. If the visitor has notified SaKaNaNa Sàrl that he/she does wish to receive any details of SaKaNaNa products, SaKaNaNa may contact the visitor by email, telephone or post to provide the visitor with details of SaKaNaNa products or any other information which SaKaNaNa Sàrl believes may be of interest. The holding and using of information will be governed by the EC Data Protection Act and also by Luxembourg law where this offers the visitor greater protection for his or her personal information.
We are particularly mindful to ensure appropriate protection and security of our Information Systems. Each visitor may also refuse, at no cost, to be contacted by SaKaNaNa Sàrl, in which case he/she will no longer receive details on SaKaNaNa products.
Visitors may exercise the above-mentioned rights by sending email to firstname.lastname@example.org
Cookies may be stored on visitors' computers' hard drives at the time of their connection to the Website. Cookies are small data text files that are used by websites to simulate a continuous connection to that site enhance the visitor's browsing experience, and will be necessary for visitors to complete their purchase session on e-commerce.
Security measures have been employed to ensure security and confidentiality of visitors' data. However, visitors acknowledge that SaKaNaNa does not control the transfer of data over telecommunication facilities including the Internet. Therefore, SaKaNaNa Sàrl warns visitors against any potential risk involved by the use of the Internet in this respect.
Hypertext links to the Website (other than other websites operated by SaKaNaNa Sàrl) may only be included with prior written consent from SaKaNaNa Sàrl, which may be withheld at any time. SaKaNaNa Sàrl has no responsibility for the content of such pages.
SaKaNaNa hereby informs visitors that these general terms and conditions may be modified at any time. As soon as they are displayed online, each visitor who accesses the Website is deemed to have accepted these modifications without restriction. It is therefore the visitor's responsibility to read these terms and conditions prior to browsing the Website.
These terms and conditions are governed by Luxembourg law save in relation to the provision and use of personal information where the Data Protection Act will also apply. The Luxembourg courts shall have sole jurisdiction over any claim related to or in connection with the use of this Website.