General terms and conditions
Of use of the website www.duchessboulevard.lu
The Client, user of the Website, may take the time to carefully read the present Terms and Conditions, which are deemed as read and agreed by the Client and to exclusively govern its relationship with the Company. IF the Client is not in agreement with the entirety of these Terms and Conditions, she/he may not use the Website.
Article 1 – The Company
DesignU S.à r.l.
Luxembourg law private limited company
Share capital : 12,500.00 euro
Registered office: 5, rue du Saint Esprit, L-1475 Luxembourg, Grand-Duchy of Luxembourg
Registre du Commerce et des Sociétés de Luxembourg, number B 197224.
Authorization number 10059259 delivered by the Ministery of Economy of the Grand-Duchy of Luxembourg.
The EU VAT number of the Company is: LU27729964.
Our Client Service is at your disposal by email sent to service(at)design.lu or from Monday to Friday from 10 a.m. to 6 p.m., except on bank holiday, at the following number : (+352) 621 222 462 (0,18€ per minute from a local land line, further charges may be applied by the Client’s service operator).
Article 2 – Definition
Words and expressions within these Terms and Conditions have the following meaning ascribed to them below.
|Client||Any person, individual or legal, able to assume rights and obligations, which by writing the Website address or following a link, visits the Website for information purposes or in order to place an Order.|
|Order||The result of the ordering process as described in article 3 of the Terms and Conditions.|
|Terms and Conditions||The general terms and conditions of the Website which summarises the whole duties and rights between the Clients and the Company, as they may be amended from time to time.|
|Order Confirmation||The confirmation of the validation of an Order and of its effective payment sent by the Company to the Client as indicated in article 4 of the Terms and Conditions.|
|Agreement||The buy and sell agreement entered into between the Client and the Company once (1) the Order has been validated by the Client in accordance with the Terms and Conditions and (2) the Company has received the effective payment and has sent an Order Confirmation to the Client.|
|Business day||A day which is not (1) a Saturday or a Sunday, (2) neither a holiday anywhere in the Grand-Duchy of Luxembourg.|
|Card||All the Items of an Order not yet validated by the Client.|
|Items||The articles and accessories put on sale by the Company on the Website.|
|Website||The website of the Company www.duchessboulevard.lu|
|Company||The company as described under article 1.|
Article 3 – Order on the Website
It is specified that, for technical reasons or logistics, Clients of certain countries may not perform an Order.
The Company will appropriately detail on the Website, the main characteristics of each Item. Any Client, after having acknowledged those characteristics, may make an Order in the following stages:
- the Client adds the Items it wishes to buy in his Cart in the desired quantity, subject however to the availability of the Item(s) in the stock;
- the Client chooses the desired method of delivery between a delivery to an address determined by the Customer or a deposit in a parcel shop of her/his choice as proposed by the delivery professional of the Company (the “DPD Parcel Shop” service);
- the Client indicates the delivery address or the parcel shop of her/his choice;
- the Client indicates the billing address with payment information;
- the Client indicates that he fully and irrevocably accepts the present Terms and Conditions;
- before confirming the Order, the Client undertakes to verify the content as listed in her/his Cart, the price and, if necessary, to amend it. The price of each Item is understood inclusive of taxes. The delivery costs, to be borne by the Client unless otherwise determined by the Company, will be indicated before the final validation of the Order. Without prejudice to the exercise of her/his right of withdrawal under the conditions under article 8, the Client when validating his Order, explicitly acknowledges that the Order implies an obligation to pay and a full and irrevocable acceptance of the present Terms and Conditions.
- The Customer, however, agrees that the Agreement is definitely made between the Company and the Client, and the Item(s) available for delivery under the conditions of article 5, as from the effective payment of the total price corresponding to the Order, as confirmed by the Company to the Client within the Order Confirmation.
In case of unavailability of an Item, the Client will be informed as soon as possible and the price of his Order refunded, unless the Client decides to make an Order of an alternative Item, in which case the Company reserves the right to request the Client to place a new Order.
Article 4 – Payment modalities
Payment solutions of an Order accepted by the Company are listed on the Website. Payment must be made in euro. The Client warrants that she/he is authorized to use at least one of said payment solutions, that it gives access to sufficient funds to cover the total cost of hr/his Order and will provide the details required by the Company for this purpose. The Company will send to the Client by email to the email address provided by the Client, an Order Confirmation once its Order is validated and actually paid.
The Website has adopted the SSL encryption procedure (Secure Socket Layer) in order to protect most efficiently all sensitive data related to payment. To ensure the security and confidentiality of these information, the Company does not store the Client bank details. It belongs to the Client to save and print the certificate of payment if she/he wants to keep the banking details relating to the Order.
The Company retains the property title of each Item of an Order until it has received full payment of the price of said Order, including the delivery charges, and any interest and / or compensation for late payment. The Company reserves the right to refuse an Order from a Client especially in case of default of payment thereof within a period of five (5) business days following the day when the Client has validated her/his Order.
Article 5 – Delivery
Unless otherwise determined by the Company, the delivery costs are borne by the Client.
Any Order will be delivered in its standard package, to the delivery address provided by the Client during the Order process. Input errors relating to the delivery address during the Order are the responsibility of the Client and may involve additional costs to be borne by the Client.
The Order will be delivered within a time estimated by the Company that runs from the Order Confirmation sent by email to the Client. The Company will strive to keep the Client informed of any delay or any failure to meet the estimated delivery date.
Unless she/he chose to be delivered in a parcelshop of her/his choice within the various proposals of the delivery professional of the Company (the “DPD ParcelShop” service), the Client, or her/his designated representative over the age of 18 years, guarantees to be available for the delivery of her/his order. In case of unavailability, the delivery professional of the Company will leave the Client, or the designated representative over the age of 18, a notice indicating the instructions for a new delivery or a subsequent removal from the premises of the delivery professional.
If it were impossible to deliver an Order to the Client in some places, the Client would be informed by the Company or its delivery professional and the Company would take the necessary measures to cancel the Order without charge or to deliver to an alternative address as mutually agreed with the Client.
If the delivery or the removal is delayed because of an excessive refusal of the Client to accept the delivery or if the Client does not accept the delivery or does not remove the Order from the premises of the delivery professional, in any case within a period two (2) weeks following the first delivery attempt, then the Company may, without prejudice to any other rights at its disposal, take one or both of the following measures:
- charge the Client of fair storage costs and other reasonable costs that the Company should therefore bear; or
- make the Order as uncapable of being delivered or removed and notify the Client the immediate cancellation of the latter, followed by the reimbursement to the Client, according to the same payment methodology she/he used during the validation of her/his Order, of the price of the Order, net of reasonable administrative and delivery costs, including those relating to delivery attempts, return of the Order or storage as indicated above.
Any risk associated with the Items will be transferred onto the Client as soon as she/he, or the designated representative over the age of 18 years, takes physical possession of the Items.
Subject to the provisions of article 6, the Company always requires that the Client or her/his designated representative over the age of 18, signed a delivery sheet.
Article 6 – Conformity of the Item(s) of the Order / Legal guarantee
The Client is entitled to the legal guarantee. It covers the non-conformity of the Items upon delivery.
The Client acknowledges that the Items sold by the Company are standard and they have not been tailored to comply with any requirement that the Client might have. An Item is, therefore, conform if it is specific to the purpose that one could usually expect of a similar good and, where applicable:
- matches the description given by the Company and has the qualities that have been presented to the Client as a sample or model;
- have the qualities that the Client can reasonably expect given the public statements made by the Company or by its representative, particularly in advertising or labelling.
The Company still requires that the Client or her/his designated agent over the age of 18 years, agrees to inspect the Item(s) of the Order, before signing the delivery, to ensure conformity. The Client or her/his designated representative over the age of 18, will make sure to open with great care the packaging of the Order so as not to damage it. If it turns out that the Items do not comply with the Order, the Client is requested not to sign the delivery receipt and to indicate clearly the nature of the non-conformity of the delivery. THE CLIENT MUST TELL THE COMPANY IN WRITING AS SOON AS POSSIBLE, BY SENDING AN EMAIL and follow the return procedure described in article 7. The Items must be returned in their original state and in their original packaging, otherwise, the Item(s) will not be returned, refunded or exchanged.
The Client may request the Company either to be delivered of an identical Item, or to be delivered of an Item of equivalent quality and price, in these two first instances however within the stocks availability, or to be reimbursed of the price of the Item ordered within 30 days of the request of the Client.
The Client is required to prove that the defects that appeared after a period of 6 months from delivery were already present at the time of delivery.
The costs of return of the non-conform Item, and the possible delivery of another Item, will be borne by the Company.
In any event, these provisions do not deprive the Client of the benefit of the right of withdrawal, pursuant to article 8 of these Terms and Conditions.
Article 7 – Return Process
The Client shall follow the below procedure described in case of return of Item(s) as foreseen in article 6 and may also use this procedure for the exercise of his right of withdrawal as provided for in article 8.
Only Item(s) purchased on the Website may be returned to the Company. In any other case, it is recommended to the Client to get in contact with the store where the Item(s) were purchased.
- The Client sends an e-mail as soon as possible to the Company at service(at)designu.lu. The Company will respond by e-mail including a return label, a return number and return instructions.
- The Client shall pack the Items (with original labels, accessories and other) to be returned in their original packing carton to prevent damage during the return. The Items must be returned in their original state and packaging, otherwise the Item(s) will not be returned, refunded or exchanged.
- The Client is requested to print the return label and put it on the return package. The return label will contain all necessary data such as the Client’s name, address, telephone number, product number and / or description of the returned Item, the return number and return address.
- The Client is requested to read carefully the instructions for return and to contact the delivery service for the pick-up, as indicated in the return instructions. The Client must arrange the return as soon as possible and in any event within a period of 14 days following her/his request to return or after the date of communication of the exercise of her/his right of withdrawal as provided for in article 8.
If all requirements for the return have not been met, the Company will inform the Client by email of why it can not accept the return request within 14 days.
Article 8 – Right to withdraw
Right to withdraw
The Client has the right to withdraw from this Agreement without giving any reasons within fourteen days.
The withdrawal period ends fourteen days after the day the Client or a third party other than the carrier and as indicated by the Client, takes physical possession of the Order or, in the case of an Agreement on many Items ordered at with a single Order and if these Items are delivered separately, the day after the Client himself or a third party other than the carrier and as indicated by the Client, takes physical possession of the last Item of the Order.
To exercise the right of withdrawal, the Client must notify the Company (DesignU S.à rl, 5, rue du Saint Esprit, L-1475 Luxembourg, Grand Duchy of Luxembourg, email: service(at)designu.lu) of her/his decision to withdraw from this Agreement by means of an unequivocal statement (e.g. letter sent by mail or email). The Client may use the model withdrawal form below, but it is not mandatory.
So that the withdrawal period is complied with, it is sufficient that the Client transmits its communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
In case of withdrawal from the Client from this Agreement, the Company will refund all payments received from the Client, including delivery charges (excluding additional costs arising from the fact that the Client has chosen, if any, a type of delivery other than the least expensive delivery mode standard proposed by the Company) without undue delay and in any event, not later than fourteen days from the date the Company is informed by the Client of its decision to withdraw from this Agreement. The Company will refund using the same means of payment the Client has used for the initial transaction, unless the Client expressly decides of a different way of reimbursement; in any event, such reimbursement does not incur any fees for the Client. The Company may withhold reimbursement until it has received the Item, or until the Client has provided evidence of shipment of the Item, whichever is the earliest of these facts.
The Client shall return the Item to the Company according to the return procedure described in article 7, without undue delay and in any event, not later than fourteen days after the Client has notified the Company of its withdrawal decision hereof. This deadline is met if the Client returns the Item before the expiration of the fourteen day period. The Client shall bear the direct costs of the Item return.
The Client’s liability shall be incurred only in respect of the depreciation of the Item resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Item.
Model withdrawal form
(The Client is requested to complete and return this model withdrawal form only if she/he wishes to withdraw from the Agreement.)
Attn to DesignU S.à rl, 5, rue du Saint Esprit, L-1475 Luxembourg, Grand Duchy of Luxembourg, email: service(at)designu.lu
We(*) hereby notify you of my / our(*) decision to withdraw from the contract for the sale of the property below:
Ordered on (*) / received (*):
Name(s) of the consumer(s):
Address(es) of the consumer(s):
Signature of the consumer(s) (only if notification of this form on paper)
(*) Strike out inapplicable.
Article 9 Protection of personal data and cookies policy
Article 10 – Limitations of use and intellectual property rights
All brand names, item names and titles used on the Website are trademarks or trade names of the Company.
The Client may not use or reproduce trademarks if this may violate the rights of their owners. The overall design of the Website, texts, documents, movies and other services and their selection, arrangement and any other material appearing on the Website are protected by copyright of the Company or its providers.
The Client is only allowed to electronically copy and print portions of the Website to the extent that these actions are necessary for the purpose of an Order.
The Client is not authorized to make any other use of the information and material contained on the Website, including reproduction, for purposes other than those noted above, modification, distribution or (re) publication.
Article 11 – Communication and notifications
Unless otherwise provided in the Terms and Conditions, any notification under this Agreement must be made in writing and may be delivered personally, by prepaid mail, by registered letter with acknowledgment of receipt or by email addressed to the party at the address or the email address of the party concerned, which is the last known by the other party.
The Client irrevocably agrees that the Company uses remote communication methods such as e-mail (commonly called “email”) or telephone, according to information that the Client has provided to it during the Order.
Article 12 – Miscellaneous
The Company will retain the data of an Order and these Terms and Conditions for a period of three years after it has accepted the said Order. However, for future reference, it is recommended to the Client to print and keep a copy of these Terms and Conditions, her/his Order and the Order Confirmation.
No failure or delay by the Client or the Company in the exercise of a right under these Terms and Conditions or the Agreement shall constitute a waiver of such right or shall extend or affect any other or subsequent event or deteriorate any rights or remedies in respect of or alter or in any way weaken their rights under the Terms and Conditions or the Agreement.
If any provision of these Terms and Conditions or the Agreement become or is declared invalid or unenforceable by any court of competent jurisdiction, such invalidity or unenforceability will in any way affect any other provision in part or in its entirety , all other provisions remain in force and effect as long as the Terms and Conditions or the Agreement would be able to continue to have effect without the unenforceable provision.
It is forbidden to assign, transfer, novate, charge, subcontract, create a trust arrangement or agreement in any other manner inconsistent with the Terms and Conditions or all or some of the rights or obligations under these Terms and Conditions.
Nothing in these Terms and Conditions or in the Agreement can create or can be deemed to create a partnership, agency or an employer and employee relationship between the Client and the Company.
Third parties being not party to the Agreement, may not acquire rights under the Terms and Conditions or said Agreement and cannot benefit from any of the provisions of the Terms and Conditions.
The Company reserves the right to modify at any time these Terms and Conditions. Any amendments to these Terms and Conditions will be published on the Website. However, continued use of the Website will be deemed to constitute an acceptance of the new Terms and Conditions.
Article 13 – Applicable Law and Jurisdiction – Litigation
These Terms and Conditions shall be governed by and interpreted according to Luxembourg law.
In case of dispute, the Client should first contact the Company to obtain an amicable solution.
Otherwise, the courts of the city of Luxembourg will be competent.
Article 14 – Website Hosting
The website host is :
7, rue Jean Fischbach, L-337 Leudelange, Grand-Duché de Luxembourg
Phone : (+352) 2634 09 09-01
This Policy should be read carefully and in conjunction with the Terms and Conditions of which it forms an integral part. The use of the Website implies the full and unconditional acceptance of this Policy by the user, otherwise, the user is requested not to use the Website.
The user is informed that her/his personal data that it communicates via the forms on the Website, are necessary for the Company in order to process her/his order or request, as applicable.
These data are collected by the Company, in its capacity as data controller, for the management of clients/prospects files, the management of orders and requests of clients or prospects, the monitoring of clients relationship and prospection, management of commercial and promotional operations, recruitment.
In accordance with article 28 of the Luxembourg law of 2 August 2002 on the protection of individuals with regard to the processing of personal data, as amended from time to time, the user of the Website has a free access right, at reasonable intervals and without excessive delay, to personal data relevant to her/him. The user also has in the same aforementioned conditions, the right to rectify, complete, update, block or delete the personal data which is inaccurate, incomplete, misleading, outdated or whose collection, use, communication or storage is prohibited.
In accordance with article 30 of the Luxembourg Law Act of 2 August 2002, the user of the Website eventually has a right to object, on legitimate grounds, to the processing of personal data as well as a right of opposition that these data are used for prospection, including commercial.
The rights of access, rectification and opposition may be exercised by the user of the Website, which will make an application to the Company, in its capacity as data controller, by sending a letter to the registered office of the Company (DesignU, 5, rue du Saint Esprit, L-1475 Luxembourg, Grand Duchy of Luxembourg) or by email sent to the address provided by the Company for this purpose: privacy(at)designu.lu