1. Application of the General Terms and Conditions of Sale
These terms and conditions apply in their entirety to all orders, contracts and agreements between AlloServices.lu Sarl. (hereinafter ALLOSERVICES.LU) and its customers in the Grand Duchy of Luxembourg or abroad, regardless of the place of delivery or service. Where applicable, they are supplemented by special conditions which prevail in the event of conflict with the present conditions. Any acceptance of an offer, quotation or order by the Customer implies acceptance of these General Terms and Conditions of Sale and waiver by the Customer of any General Terms and Conditions of Purchase which may appear in its commercial documents, including in particular in its letters and purchase orders or in any other document. No derogation may be accepted without the express prior agreement of ALLOSERVICES.LU.
2. Price offers
ALLOSERVICES.LU. offers are valid for 30 calendar days from the date of issue. They are subject to revision in the event of an increase in the cost of raw materials, a change in exchange rates, modification of the initial project in progress or any other circumstance beyond the control of ALLOSERVICES.LU. After the 30-day period, they must be confirmed in writing by ALLOSERVICES.LU.
3. Controls
Any order placed with ALLOSERVICES.LU is firm and definitive for the Customer upon receipt by ALLOSERVICES.LU of an order form or any other document evidencing an order. The Customer acknowledges that he has made his commercial decision in full knowledge of the facts after having been duly informed by ALLOSERVICES.LU of the advantages and limits of the products and services delivered. ALLOSERVICES.LU will make every reasonable effort to execute the order within the agreed timeframe.
Changes to the order by the Customer will only be taken into consideration by ALLOSERVICES.LU if they are received by ALLOSERVICES.LU in writing before the order is validated.
4. Cancelling an order in progress
In the event of cancellation of an order in progress, for any reason whatsoever, the costs incurred shall be borne in full by the Customer.
5. Delivery - Acceptance - Transfer of responsibility
The delivery times indicated on the order form or in any communication with the customer are purely indicative and are based on a forecast average delivery time. Any delays or partial deliveries do not give the customer the right to cancel the order, refuse the goods or claim any compensation whatsoever.
Delivery of goods takes place at ALLOSERVICES.LU’s premises, either by handover to the Customer or to the carrier, or by notice of availability, or by individualization of the goods with a view to their transport. It may also take place at the customer’s premises in the event of installation of any goods at the customer’s premises. Upon delivery or installation, the goods are placed under the responsibility of the Customer, who then bears all risks of loss or damage and takes out the necessary insurance cover. In the event of loss or damage in transit, the Customer must take recourse against the carrier.
If the duly notified Customer fails to collect the goods within a reasonable period, ALLOSERVICES.LU shall be entitled to invoice the Customer immediately and to store the goods at the Customer’s premises or elsewhere, at the Customer’s expense.
All goods delivered or installed by ALLOSERVICES.LU must be inspected upon receipt or installation.
If the customer considers that the products delivered or installed are visibly defective or do not conform to the order, he must notify ALLOSERVICES.LU by registered letter within eight days of receipt of the goods, failing which the delivery will be deemed to conform. The use of even a part of the supply automatically implies its acceptance.
ALLOSERVICES.LU accepts no responsibility for damage to or theft of valuables.
ALLOSERVICES.LU is not responsible for and does not take responsibility for cracks in the structure of a building.
6. Prices - Invoicing - Payment terms
Unless otherwise stipulated, the prices contained in offers and order forms are those in force on the date of the order and are exclusive of 16% VAT.
Invoices are payable in cash, net and without discount.
- For private customers: on receipt.
- For companies: within eight days.
For certain orders, one or more deposits may be required.
The amount of down payments and their due dates are defined in the order confirmation.
Failure to meet payment deadlines will result in the charging of statutory interest, without prior notice.
Late payment may also give rise to the suspension of orders and the return of goods as mentioned in article 9 (reservation of title clause). Invoices which are not contested in writing within one week of receipt are deemed to have been accepted, without the Customer being able to invoke a change of address if the time limit for contestation is exceeded. In all cases, the Customer shall pay the undisputed amount of any disputed invoice.
7. Reservation of ownership
ALLOSERVICES.LU retains ownership of the products sold until full payment has been received. The risks associated with the products sold are transferred to the Customer as soon as the products are handed over to the Customer or to the carrier or as soon as they are installed, regardless of the date of transfer of ownership. Failing full payment of the price of the products in principal and interest, ALLOSERVICES.LU may, at any time, take back any unpaid goods. Until full payment has been made, the Customer may not pledge the products, exchange them or transfer ownership of them by way of guarantee.
8. Use of photos of our work
For the purposes of promoting and communicating its image and activities, ALLOSERVICES.LU reserves the right to publish photos of its products on all its advertising media and/or social networks. If the Customer does not wish photos of the products ordered to be published, he must notify ALLOSERVICES.LU in writing. No notification on the part of the customer implies acceptance of this clause. If the Customer, following the publication by ALLOSERVICES.LU of the realisation of a service or product ordered by him, wishes to no longer see this publication appear, he will inform ALLOSERVICES.LU in writing and may request the deletion of the said publication.
No indemnity or compensation may be claimed from the Customer in the event of publication by ALLOSERVICES.LU of photos of services or products that ALLOSERVICES.LU has produced for the Customer.
9. Competent court
Any dispute relating to the interpretation and execution of these terms and conditions of sale shall be governed by Luxembourg law.
Failing amicable resolution, the dispute will be brought before the courts of the Grand Duchy of Luxembourg.