GENERAL TERMS AND CONDITIONS
MYBEST sells its products via its online sales platforms.
The term "Customer" refers to any natural or legal person using MYBEST's services and sales.
The term "MYBEST" refers to the Luxembourg company MYBEST Sàrl, whose registered office is located at L-5495 Wintrange, 4, Dentzescheck and which is registered in the Luxembourg Business Register under number B263755.
The purpose of the present general conditions of sale is to define the terms and conditions of online sales of the Products presented on the site, and to define the rights and obligations of the parties in this relationship.
MYBEST also publishes a French version of the present general terms and conditions on its web platforms (“conditions générales de vente”). In the event of any differences or contradictions between the French and the English version, the French version shall take precedence.
The use of the sites operated by MYBEST implies full acceptance of the general terms and conditions of sale described below. These conditions of use may be modified or supplemented freely and at any time. They are nevertheless binding on the Customer, who is invited to refer to them as often as possible. The Customer is therefore invited to consult the General Terms and Conditions of Sale on a regular basis in order to take note of any changes.
§ 2 Scope of application
These general terms and conditions of sale (hereinafter referred to as "GTC") apply to all sales of Products between MYBEST and the Customer made via online sales platforms.
In the event of differences or contradictions between these GTC and those of the Customer, these GTC shall prevail.
§ 3 Order
The Customer declares that he has read the GTC and accepted them before placing his order. The validation of the order therefore implies acceptance of these GTC. An order summary is sent to the customer.
If the Product is not available after the order has been placed, MYBEST will inform the Customer. The order will be automatically cancelled and no bank debit will be made.
Any order placed via the MYBEST sites requires the Customer to provide personal data by which he can be identified and that will allow the knowledge of his address.
The Customer undertakes to provide complete, accurate and up-to-date information and not to impersonate any third party.
Any identifiers and passwords provided to the Customer are personal and confidential.
If a customer account is created, MYBEST reserves the right to close it and to refuse any sale to a Customer in the event of non-payment of one or more previous orders, or abusive, unfair or fraudulent use of the ordering service offered by MYBEST or failure to comply with any of the Customer's obligations as defined in these GTC.
§ 4 Sales prices, invoicing and payment methods
The prices are indicated in euros, all taxes included (TTC).
Except if expressly stated, the prices of the Products do not include delivery and packaging costs.
The various possible delivery methods and the related costs are indicated at the time of the order summary. Delivery and packaging costs depend on the Product ordered, its dimensions, its weight, and the delivery location.
MYBEST reserves the right to modify the price of its Products and Services at any time, with the Products and Services being invoiced on the basis of the rates in force at the time the Customer places the order.
Unless otherwise specified by MYBEST, the order is payable immediately via the payment services made available by MYBEST on its website.
The transfer of ownership occurs once the Customer has paid the full price. In the event of non-payment of the full price, the sale may be cancelled.
§ 5 Delivery conditions
The Products ordered are delivered to the address indicated by the Customer and in accordance with the terms and conditions provided by the delivery service provider determined at the time of the order.
The Customer is obliged to find out about the terms and conditions and the delivery times by the various delivery service providers.
The Customer is obliged, upon receipt of the order, to check the condition of the Product and to issue any reservations in writing and without delay, at the latest within 48 hours, to MYBEST.
For any request with a delivery address outside the Grand Duchy of Luxembourg, the Customer must first contact MYBEST.
For deliveries in the Grand Duchy of Luxembourg, the items ordered and available will be delivered within a maximum of 30 days from the registration of the order, subject to full payment of the price. The articles ordered will be delivered within the period indicated by the supplier.
The Customer is informed that it is up to him to provide exactly all the details necessary for the correct routing of his order and for the perfect delivery (access code, access specification for example).
If the delivery address provided by the Customer is not valid and therefore leads to the return of the parcel for non-receipt at the address indicated, the costs of re-sending the parcel to the new address provided will be charged to the Customer.
A delivery note is included in the parcel, summarizing the items ordered and actually delivered.
§ 6 Warrantee of conformity
This provision applies exclusively to the Customer who meets the definition of a Consumer as defined in the Luxembourgish Consumer Code (“Code de la consommation”): "any natural person who is acting for purposes which are outside his trade, business, craft or profession”.
The Customer meeting this condition benefits from the warrantee of conformity as provided for by the Code de la consommation.
In order to ensure that the Customer is fully informed of the legal warrantee of conformity available to him, articles L. 212-3 to L. 212-6 of the Code de la consommation are translated in English and reproduced in full below:
Article L. 212-3
The seller must deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery, even if he was not aware of them.
The seller shall be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been made his responsibility by the contract or carried out under his responsibility.
Without prejudice to Article L. 111-1, the seller shall also be bound by public statements made by the producer or his representative unless he can show that he did not know, and could not reasonably have known, the statement in question.
Art. L. 212-4
To be in conformity with the contract, the goods must
a) comply with the features defined by common consent between the parties;
b) be fit for the purposes for which goods of the same type are normally used
(c) comply with the description given by the seller and possess the qualities of the goods which the seller has held out to the consumer as a sample or model;
(d) be fit for any particular purpose for which the consumer requires them and which he made known to the seller at the time of conclusion of the contract and which the seller has accepted;
(e) show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling.
The consumer may not contest the conformity by invoking a defect which he knew or could not have been unaware of at the time of conclusion of the contract. The same applies where the defect affects materials which he himself supplied.
Art. L. 212-5
(1)In the event of a lack of conformity, the consumer shall have the choice of returning the goods and having the price refunded or keeping the goods and having part of the price returned. There is no need to rescind the sale or reduce the price if the seller replaces or repairs the goods. The sale may not be rescinded if the lack of conformity is minor.
(2) Instead of exercising the option provided for in paragraph (1), the consumer shall be entitled to require the seller, unless this is impossible or disproportionate, to bring the goods into conformity. He may choose between repair or replacement, unless one of these remedies would be unduly burdensome for the seller compared to the other.
A remedy shall be deemed to be disproportionate if it imposes costs on the seller which, in comparison to the other remedy, are unreasonable taking into account
- the value the goods would have if there was no lack of conformity,
- the significance of the lack of conformity, and
- whether the alternative remedy could be completed without significant inconvenience to the consumer.
Compliance must be achieved within one month from the day on which the consumer opted for compliance. After this period, the consumer may return the goods and have the price refunded or keep the goods and have part of the price refunded.
Conformity shall be achieved without any cost or major inconvenience to the consumer, considering the nature of the goods and the special purpose for which they were intended.
The seller shall also be liable to the consumer for all damages.
Art. L. 212-6
In order to invoke the seller's legal warrantee, the consumer must, by any means, notify the seller of the lack of conformity within a period of two years from the date of delivery of the goods. No limitation period may be acquired before the expiry of this period.
The consumer's warranty claim shall lapse upon expiry of a period of two years from the notification referred to in the previous paragraph, except where he has been prevented from asserting it as a result of fraud by the seller.
The period of limitation shall be further interrupted by any negotiations between the seller and the consumer. The period of limitation shall be further interrupted by summary procedure (“référé”) as well as by any court proceedings relating to the defect.
A new period of one year shall begin when the seller notifies the consumer by registered letter that he is discontinuing the negotiations or the consumer is informed that the court proceeding has been terminated.
After the expiry of the two-year period, the consumer may no longer rely on the defect in the goods, even by way of exception. The consumer may, however, if he has not paid the price and provided he has duly notified the defect, raise a claim for a price reduction or damages as an exception to the claim for payment.
In the absence of proof to the contrary, defects in conformity which appear within six months of delivery of the goods shall be presumed to have existed at the time of delivery.
For second-hand goods, the seller and the consumer may agree, by means of a written contractual clause (. . .)1 , on a shorter guarantee period than the legal guarantee of two years, but not less than one year. In the case of cars, such a reduction is only valid if the car was first put into circulation more than one year ago.
§ 7 Right of withdrawal
This provision applies exclusively to the Customer who meets the definition of a Consumer as defined in the Luxembourgish Consumer Code (“Code de la consommation”): "any natural person who is acting for purposes which are outside his trade, business, craft or profession”
The Customer meeting this condition has a right of withdrawal as provided for by the Code de la consommation.
In order to ensure that the Customer is fully informed of his right of withdrawal, articles L. 222-9 and L. 222-10 of the Code de la consommation are translated in English and reproduced in full below:
Art. L. 222-9
(1) Save where the exceptions provided for in paragraph (7) of this article apply, the consumer shall have a period of fourteen calendar days to withdraw from a distance or off-premises contract, without giving any reason and without incurring costs other than those provided for in Article L. 222-10.
(2) Without prejudice to subsection (3) of this Article, the withdrawal period referred to in subsection (1) shall expire after a period of fourteen days from
(a) in the case of service contracts, from the day of conclusion of the contract;
(b) in the case of sales contracts, from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods or:
(i) in the case of multiple goods ordered by the consumer in one order and delivered separately, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last good;
(ii) in the case of delivery of a good consisting of multiple lots or pieces, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last lot or piece;
(iii) in the case of contracts for regular delivery of goods during defined period of time, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the first good;
(c) in the case of contracts for the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, of district heating or of digital content which is not supplied on a tangible medium, the day of the conclusion of the contract.
(3) If the seller has not provided the consumer with the information on the right of withdrawal as required by (. . .) 1. Article L. 222-3(1)(g) and Article L. 222-6(1)(h), the withdrawal period shall expire at the end of a period of twelve months and shall begin at the end of the initial withdrawal period, determined in accordance with paragraph (2) of this Article.
(4) If the seller has provided the consumer with the information referred to in paragraph (3) of this Article within twelve months from the day referred to in paragraph (2) of this Article, the withdrawal period shall expire at the end of a period of fourteen days from the day on which the consumer receives this information.
(5) The consumer shall inform the seller of his decision to withdraw from the contract before the expiration of the withdrawal period. To do so, the consumer may either:
(a) use the model withdrawal form set out in a Grand-Ducal Regulation (Règlement grand-duca)l; or
(b) make another unambiguous statement setting out his decision to withdraw from the contract.
The seller may give the consumer, in addition to the possibilities referred to in the first subparagraph of this paragraph, the option of filling in and sending online, on the seller's website, either the model withdrawal form referred to in the said subparagraph and set out in a Grand-Ducal regulation, or another unambiguous statement. In such cases, the seller shall provide the consumer with an acknowledgement of receipt of the withdrawal on a durable medium without delay.
The burden of proof of exercising the right of withdrawal in accordance with this Article shall be on the consumer.
(6) The exercise of the right of withdrawal shall terminate the obligation of the parties
(a) to perform the distance or off-premises contract; or
(b) to conclude the distance or off-premises contract, where an offer was made by the consumer.
Where the price of a good or service is fully or partly covered by credit granted to the consumer by the seller or by a third party on the basis of an agreement between the seller and the consumer, the exercise of the consumer's right of withdrawal shall entail the termination of the credit agreement without penalty.
Without prejudice to the previous paragraph and Article L. 224-16 of this Code, the exercise by the consumer of his right of withdrawal from a distance or off-premises contract in accordance with this article shall entail the termination of any ancillary contract, without any cost to the consumer, with the exception of the costs provided for in Article L. 222-10.
(7) Unless otherwise agreed, the consumer may not exercise the right of withdrawal for contracts
(a) for the provision of services after the service has been fully performed if the performance has begun with the consumer's prior express agreement, and provided that he has also acknowledged that he will lose his right of withdrawal once the contract has been fully performed by the seller;
(b) the supply of goods or services whose price depends on fluctuations in the financial market which are beyond the seller's control and which may occur during the withdrawal period;
(c) the supply of goods made to the consumer's specifications or clearly personalised;
(d) the supply of goods which are liable to deteriorate or expire rapidly
(e) the supply of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer after delivery
(f) the supply of goods which, after delivery, are by their nature inseparably mixed with other articles
(g) the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after thirty days and the actual value of which depends on fluctuations in the market which are beyond the seller's control;
(h) where the consumer has expressly requested the seller to visit him in order to carry out urgent maintenance or repair work. If, however, on the occasion of that visit, the seller provides services additional to those specifically requested by the consumer or goods other than spare parts essential for the maintenance or repair work, the right of withdrawal shall apply to those additional services or goods;
i) the supply of sealed audio or video recordings or sealed computer software which have been unsealed by the consumer after delivery
(j) the supply of newspapers, periodicals and magazines, except for subscription contracts for such publications
(k) sales concluded at public auctions;
(l) the provision of accommodation (other than for residential purposes), transport of goods, car hire, catering or leisure activities, if the contract provides for a specific date or period of performance
(m) the supply of digital content not provided on a tangible medium if performance has begun with the consumer's prior express consent, and provided that the consumer has also acknowledged that he will thereby lose his right of withdrawal.
Art. L. 222-10
(1) Where the right of withdrawal is exercised in respect of a distance or off-premises contract, the seller shall be required to reimburse any payments received from the consumer, including, where applicable, the cost of delivery. The only costs which may be charged to the consumer as a result of exercising the right of withdrawal are the direct costs of returning the goods as referred to in paragraph (4) of this Article.
This reimbursement must be made without undue delay and in any event within fourteen days of being informed of the consumer's decision to withdraw from the contract in accordance with Article L. 222-9. The sum due shall automatically be increased by the legal interest rate in force from the first day following the expiry of this period.
The seller shall make the refund referred to in the first two paragraphs of this paragraph using the same means of payment as the one used by the consumer for the initial transaction, unless the consumer expressly agrees to another means of payment and provided that the refund does not incur costs for the consumer.
(2) Notwithstanding paragraph (1) of this Article, the seller shall not be required to reimburse additional costs if the consumer has expressly chosen a method of delivery other than the cheaper standard method of delivery offered by the seller.
(3) In the case of sales contracts, unless the seller offers to collect the goods himself, the seller may postpone the reimbursement until he has collected the goods or until the consumer has provided proof of dispatch of the goods, whichever is the earlier.
(4) Unless the seller offers to collect the goods himself, the consumer shall return the goods to the seller or to a person authorized by the seller to receive the goods.
This return shall be made without undue delay and in any case not later than fourteen days after the consumer has communicated his decision to withdraw from the contract to the seller in accordance with Article L. 222-9(5). This period shall be respected if the consumer returns the goods before the expiry of the fourteen day period.
The consumer shall only bear the direct costs of returning the goods, unless the seller agrees to bear them or has failed to inform the consumer that he is to bear them.
In the case of off-premises contracts, where the goods have been delivered to the consumer's home at the time of the conclusion of the contract, the seller shall collect the goods at his own expense if they cannot be returned normally by post due to their nature.
(5) The consumer shall only be liable for any diminished value of the goods resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. The consumer shall in any event not be liable for diminished value of the goods where the seller has failed to inform him of his right of withdrawal in accordance with Article L. 222-3(1)(g) and Article L. 222-6(1)(h).
(6) Where the consumer exercises the right of withdrawal after having submitted a request in accordance with Article L. 222-4(7) or Article L. 222-7(3), he shall pay the seller an amount which shall be proportionate to the goods supplied up to the moment when he informed the seller of the exercise of the right of withdrawal in relation to all the services provided for by the contract. The proportionate amount to be paid by the consumer to the seller shall be calculated on the basis of the total price agreed in the contract. If the total price is excessive, the appropriate amount shall be calculated on the basis of the market value of what has been supplied.
(7) The consumer shall not be charged any costs
(a) for the provision of services or for the supply of water, gas or electricity, where they are not packaged in a delimited volume or in a specific quantity, or district heating, in full or in part, during the withdrawal period, where:
i. the seller has failed to provide the information referred to in Article L. 222-3(1)(g) or (i) or in Article L. 222-6(1)(h) or (j); or
ii. where the consumer has not expressly requested that performance begin during the withdrawal period pursuant to Article L. 222-4(7) or Article L. 222-7(3); or
b) for the supply of all or part of a digital content which is not supplied on a tangible medium, where
i. the consumer has not given his prior express consent for performance to begin before the end of the fourteen-day period referred to in Article L. 222-9; or
ii. the consumer has not acknowledged that he has lost his right of withdrawal by giving his agreement; or
iii. the seller has failed to provide confirmation in accordance with Article L. 222-5(1) and (2) or Article L. 222-7(2).
(8) Unless otherwise provided for in this article, the consumer shall not incur any liability as a consequence of the exercise of the right of withdrawal.
§ 8 Data Protection
MYBEST acquires and retains the Customer's personal data for the purpose of performing this Agreement. This data is processed by MYBEST on an electronic medium or other medium.
Customer Data is required in particular to enable MYBEST to comply with its legal and contractual obligations and in particular for the purposes of negotiating, concluding and executing the contract between MYBEST and the Customer, but also to carry out operations relating to the management of orders, invoices, customer accounts, customer relations and after-sales service and the management of the rights of the persons concerned.
MYBEST will not transfer your Personal Information to third parties without your consent, except where MYBEST subcontracts certain activities to a third party, or where required by law, and will not use it for marketing purposes.
The Data will only be kept for the time necessary for the purpose of processing, taking into account any legal limitation periods.
The Customer has the rights as provided for in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC
The Customer has the right to access, modify, rectify and delete personal data processed by MYBEST, as well as the right to object to the communication of such data to third parties on valid grounds by contacting MYBEST directly and in writing.
MYBEST reserves the right to retain certain data in order to justify, if necessary, the perfect execution of its contractual or legal obligations. The data retained in this way will be limited to what is strictly necessary for the operation of the service.
MYBEST undertakes to take all necessary measures to ensure the protection and confidentiality of the information provided by the Customer.
§ 9 Limitation of Liability
MYBEST reserves the right to modify the information contained on its sites at any time and without notice.
MYBEST undertakes to describe the Products sold on its sites as accurately as possible and to ensure that the information published on its sites is updated as far as possible.
However, MYBEST cannot guarantee the accuracy, precision or completeness of the information made available on its sites.
§ 10 Intellectual property
MYBEST owns all intellectual property rights or licenses necessary to operate, use, reproduce, and communicate all materials accessible on its sites, including copyrighted works, and all products sold on its sites.
MYBEST guarantees that it does not in any way contravene the laws in force and that it does not infringe the rights of third parties.
Any reproduction, representation, modification, publication, or adaptation of all or part of the elements displayed on the MYBEST websites, regardless of the means or process used, is prohibited, except with the prior written consent of MYBEST.
Any unauthorized use of the MYBEST websites or of any of the elements contained therein is prohibited.
§ 11 Force majeure
The existence of a case of force majeure may suspend the execution of the contract or, if it is definitive, lead to the cancellation of the sale.
Expressly, are considered as force majeure or fortuitous events, those usually retained by the jurisprudence or any other event of any kind of political, economic, social or natural nature likely to disturb, disorganize or interrupt totally or partially the Internet communication services, even if these events would not be force majeure.
The party invoking Force Majeure must immediately notify the other party, as well as of its disappearance.
§ 12 Miscellaneous
If any of the provisions of these GTC are declared null and void or inapplicable in application of a law, a regulation or following a court decision that has become final, it shall be deemed unwritten and the other provisions shall remain in force.
§ 13 Governing law - jurisdiction – claims handling - litigation
These GTC are subject to Luxembourg law.
The parties agree to do their utmost to resolve amicably any dispute that may arise from the interpretation or execution of these GTC. Failing this, the said dispute shall be subject to the exclusive jurisdiction of the competent Luxembourg courts.