Bévakasha | b-smart.lu powered by INDOOR FOREST SARL-S SIS
The present General Sales Conditions (GSC) set the contractual relationships between the company INDOOR FOREST SARL-S SIS (the "Seller") and its customers (the " Buyer") on the site b-smart.lu, under the brand Bévakasha.
The Seller reserves the right to modify these GSC at any time. The applicable version is the one published on the site at the time of the order.
Any order placed with b-smart.lu implies full and unconditional acceptance of the present General Sales Conditions.
1. IDENTIFICATION OF THE SELLER
INDOOR FOREST SARL-S SIS
15 Rue Edmond Reuter
L-5326 Contern
Luxembourg
RCS Luxembourg : B261188
VAT : LU33520531
Email : b-smart@indoorforest.lu
Phone : +352 621 199 985
Website : b-smart.lu
2. ACCEPTANCE
2.1.
Any order made on the Seller's website automatically entails acceptance of the present General Sales Conditions.
No definitive order can be validated without prior acceptance of the present GSC.
The Buyer has the possibility at any time to verify, correct, or cancel their order before final validation of the payment.
2.2.
These General Terms and Conditions prevail over any other general or specific conditions not expressly accepted in writing by the Seller.
3. PRODUCTS
3.1.
The Seller markets in particular :
- natural cleaning products ;
- long shelf-life food products ;
- cleaning equipment ;
- sensors and IoT equipment ;
- as well as any other product offered for sale.
3.2.
Products are presented with :
- their description ;
- their price ;
- and, when possible, photographs or illustrations.
Photographs and visuals have no contractual value.
3.3.
Product offers are valid within the limits of available stock.
Simply adding a product to the cart does not guarantee its availability.
3.4.
In case of unavailability after ordering, the Seller will inform the Buyer as soon as possible and may :
- offer an equivalent product ;
- or refund the amounts paid within a maximum period of thirty (30) days.
4. CUSTOMER ACCOUNT
4.1.
When the Site offers the creation of a customer account, the Buyer is solely responsible for the confidentiality of their username and password.
4.2.
The Seller cannot be held responsible in case of :
- loss ;
- theft ;
- or fraudulent use of the customer account.
5. ORDERS
5.1.
Orders must be placed via the Site or according to the terms proposed by the Seller during physical events or direct sales.
The Buyer agrees to provide accurate and complete information.
5.2.
After validation of the order and receipt of payment, the order becomes final.
Any request for modification remains subject to the express acceptance of the Seller.
5.3.
The Seller reserves the right to:
- refuse an order;
- cancel an order;
- or request additional information;
in case of:
- previous dispute;
- suspicion of fraud;
- manifest error;
- or abnormally large order.
5.4.
The Buyer receives a confirmation of order and/or shipping by email when this service is available.
6. PRICING AND PAYMENTS
6.1.
The displayed prices are indicated in euros (€) including VAT.
6.2.
Delivery charges are not included unless otherwise stated.
6.3.
Accepted payments are:
- credit card;
- bank transfer;
- and any other means offered on the Site.
6.4.
The Seller retains ownership of the goods until full payment of the price.
7. DELIVERY AND PICKUP
7.1.
Orders can be :
- delivered ;
- or picked up in Contern according to the proposed terms.
7.2.
Deliveries are ensured notably via :
- InFlow ;
- Luxrouting ;
- or any other carrier chosen by the Seller.
7.3.
Deliveries are possible :
- in Luxembourg ;
- and in the European Union.
7.4.
Delivery times are given as an indication.
The average time observed is about one week.
A reasonable delay in delivery will not give rise to :
- order cancellation ;
- refund ;
- or damages ;
as long as the delivery occurs within a maximum period of thirty (30) days unless otherwise agreed.
7.5.
The Buyer is required to check the condition of the package upon delivery.
Any visible anomaly must be reported immediately to the carrier and the Seller.
7.6.
In case of an address error attributable to the Buyer :
- the re-shipping costs will remain at their expense ;
- no refund of shipping costs will be made.
8. RIGHT OF WITHDRAWAL
In accordance with articles L.222-1 and following of the Luxembourg Consumer Code :
8.1.
For distance sales only, the consumer Buyer has a period of fourteen (14) calendar days from the receipt of the products to exercise their right of withdrawal without justification.
8.2.
The right of withdrawal applies only to products :
- not opened ;
- not used ;
- not unpacked ;
- and returned in their original packaging.
8.3.
Return costs are borne by the Buyer.
8.4.
The refund will be made using the same payment method used for the order, after receipt and verification of the returned products.
8.5.
The right of withdrawal does not apply in particular to :
- opened products ;
- products unsealed for hygiene reasons ;
- opened food items ;
- personalized products ;
- products damaged after delivery.
9. WITHDRAWAL FORM TEMPLATE
I, the undersigned : _______________________
Address : _____________________________
Hereby notify you of my withdrawal regarding order no. : __________________
Ordered on : ____ / ____ / ______
Received on : ____ / ____ / ______
Product(s) concerned : ___________________________________
Date : __________________
Signature :
10. RETURN POLICY – PHYSICAL SALE
Unless otherwise provided by mandatory legal provisions :
- no exchange ;
- no refund ;
- no credit ;
will be granted for physical sales, fairs, events, or direct sales for mere personal convenience.
The applicable legal warranties remain fully applicable.
11. LEGAL WARRANTY
In accordance with articles L.212-1 and following of the Luxembourg Consumer Code, the consumer benefits from the applicable legal conformity warranties.
The warranty does not cover :
- normal wear ;
- misuse ;
- damage caused by the customer ;
- incorrect installation ;
- unreported technical incompatibility.
12. IoT PRODUCTS AND TECHNICAL LIABILITY
12.1.
The customer remains responsible :
- for installation ;
- for configuration ;
- and for the use of the purchased IoT equipment.
12.2.
The Seller does not guaranty :
- compatibility with existing installations ;
- third-party networks ;
- third-party software ;
- or modifications made after purchase.
12.3.
The Seller cannot be held responsible for indirect damages, data loss, or business interruptions.
13. PERSONAL DATA
13.1.
The collected personal data is used solely for :
- the processing of orders ;
- the delivery ;
- the billing ;
- and customer relationship.
13.2.
The data is processed in accordance with :
- the GDPR ;
- and the applicable Luxembourg legislation.
13.3.
The data is neither sold nor transferred to third parties not necessary for the execution of the order.
13.4.
The Buyer has a right :
- to access ;
- to rectification ;
- to deletion ;
- and to objection.
Any request can be addressed to the Seller.
14. FORCE MAJEURE
The Seller shall not be held liable for the non-performance of its obligations in case of force majeure, including :
- strike ;
- natural disaster ;
- computer failure ;
- logistical interruption ;
- war ;
- pandemic ;
- administrative decision.
15. CLAIMS AND DISPUTES
15.1.
In case of a dispute, the parties will attempt to find an amicable solution.
15.2.
Failing an amicable agreement, the competent courts of the Grand Duchy of Luxembourg will be solely competent unless otherwise provided by mandatory legal provisions.
15.3.
In accordance with the European regulation on online dispute resolution, the consumer can also use the European ODR platform :
European online dispute resolution platform
16. APPLICABLE LEGAL BASES
These general terms and conditions are based in particular on :
- articles L.211-1 and following of the Luxembourg Consumer Code relating to unfair clauses ;
- articles L.212-1 and following relating to the legal guarantee of conformity ;
- articles L.221-1 and following relating to pre-contractual information ;
- articles L.222-1 and following relating to distance contracts and the right of withdrawal ;
- as well as the applicable provisions of the GDPR and Luxembourg electronic commerce law.