General Terms of Sales
1.1 The following general terms of sale (hereafter the “General Terms of Sale”) apply to any service(s) (hereafter the “Service(s)” ) or product(s) (hereafter the “Product(s)” ), (i) other than those related to the supply of energy or (ii) other than those whose sale implies specific onsite advice (e.g. enosolar, enoheat gas etc.) offered by ENOVOS LUXEMBOURG S.A. (hereafter “ENOVOS“), a Luxembourg limited liability company with registered office at 2 Domaine du Schlassgoard, L-4327, Esch-sur-Alzette, Grand Duchy of Luxembourg, registered with the Luxembourg Trade and Companies Register under number B 44.683.
1.2 By purchasing (hereafter the “Purchase”) a Product and/or Service through an e-shop operated by ENOVOS, any other online platform (hereafter a “Platform”) or in an ENOVOS point of sale (hereafter a “Point of Sale”), the customer, either a private individual or a professional (hereafter the “Customer”), agrees to be bound by these General Terms of Sale.
1.3 Each Product and/or each Service is subject to separate specific terms of sale (hereafter the “Specific Terms of Sale”) which form, together with the General Terms of Sale, the contract (hereafter the “Contract”). ENOVOS reserves the right to modify the present General Terms of Sale at any time and at its sole discretion. The updated General Terms of Sale will automatically apply to any new Purchase.
2 Purchase process
2.1 The order for a Product or Service is placed on a Platform or at a Point of Sale.
2.2 An order confirmation (hereafter “Order Confirmation”) of the Purchase will be sent by email to the Customer through the Platform or will be considered to be given to the Customer by handing out the Product after payment in case of Purchase at a Point of Sale.
2.3 ENOVOS reserves the right to modify the prices applicable to the Products and Services until payment by the Customer.
2.4 Invalid information provided by the Customer may result in delay in the processing of its order, and ENOVOS shall not be liable towards the Customer for such delays.
3 Invoicing & Payment
3.1 When ordering a Product or Service on a Platform, the Customer is invited to enter its billing details, delivery details, delivery method and payment method and then to confirm its order by paying for the Product or Service. In case of online sale through a Platform ENOVOS will send a receipt to the Customer by email together with the Order Confirmation.
3.2 When purchasing at a Point of Sale, the Customer receives the Product or is entitled to the Service after payment together with a receipt in paper form.
3.3 In case of delivery of a Product purchased on a Platform, delivery fees for regular mail will be invoiced to the Customer during the purchase process.
3.4 The purchase of Products and Services made on a Platform may be paid with credit card and the purchase made at a Point of Sale may be paid with credit card or V-Pay card. The enoshop in Esch-sur-Alzette (at ENOVOS’ registered office) also accepts payments in cash.
3.5 In specific cases, should a Product or Service not be paid before delivery of such Product or Service, an invoice will be sent to the Customer by ENOVOS. Any invoice which is not paid when due, shall give rise to the automatic implementation of late interest according to the applicable legal late-payment interest rate plus an administrative fee for handling of the late-payment, as provided in articles 3.5.1 and 3.5.2 below, with no prior notice required and without prejudice to any other rights of ENOVOS.
3.5.1 If the Customer is a professional: the late-payment interest rate shall be equal to the European Central Bank’s key interest rate increased by 8 percentage points and the administrative fee shall be of EUR 40 for handling of the late-payment.
3.5.2 If the Customer is a consumer: the late payment interest rate shall be equal to the applicable legal rate and the administrative fee shall be of EUR 11.50 for handling of the late-payment.
3.6 Any additional services requested by a Customer, if applicable, will be invoiced separately.
4 Delivery and Return of Products
4.1 An order will be processed in view of an indicative delivery date as indicated in the Order Confirmation (depending on the carrier in charge of the delivery and the Customer’s location), such indicative delivery date being set no later than thirty (30) calendar days from the Order Confirmation. In case of an event outside ENOVOS’ control and if ENOVOS cannot respect the indicative delivery date indicated in the Order Confirmation, ENOVOS will contact the Customer with a revised indicative delivery date.
4.2 The Products will be deemed delivered when they are delivered by the carrier (under its sole liability) to the delivery address indicated by the Customer during the purchase process and repeated in the Order Confirmation.
4.4 If nobody is available at the Customer’s address to accept the delivery, the carrier engaged by ENOVOS shall leave a note stating where the Product can be picked up.
4.5 If the Customer fails to collect the Product or accept delivery within the number of days of their availability as communicated by the carrier or ENOVOS, ENOVOS reserves the right to withdraw from the sale of the Product, and will subsequently reimburse the Customer and take back the Product, unless the Customer notifies ENOVOS his desire to set a new delivery date without delay.
4.6 Notwithstanding the legal and contractual warranties attached to any Product based on the applicable law, the Customer shall verify the conformity of the delivered Product in regard of the Order Confirmation.
4.7 Therefore, if a Product or its packaging is damaged on delivery or in case of non-conformity of a Product with regard to the Customer’s Order Confirmation, it is the Customer’s responsibility to decline the delivery.
4.8 If the Customer becomes aware of non-conformity of the Product with the Order Confirmation after delivery of the Product, the Customer shall report any obvious defects of the Product within five (5) calendar days from the date of receipt of such Product and shall assert any claim in writing to email@example.com. Products damaged during transport or non-conforming Products in regard of the Order Confirmation will be replaced or refunded by ENOVOS at no extra cost. Such return of Products shall be made through ENOVOS’ Customer Service and, in any case, according to ENOVOS’ instructions and requirements, notwithstanding the application of the right of withdrawal granted to end-user consumers.
4.9 Any Product purchased at a Point of Sale can be returned at the same or at any other Point of Sale.
4.10 The Customer acknowledges that the Products are offered for sale subject to the limits of the available stock of Products.
4.11 If a Product is no longer available in ENOVOS’ stock, ENOVOS will do its best efforts to inform the Customer of the lack of availability prior to the Order Confirmation.
5 Performance of Services
The Customer expressly requests and agrees that the performance of Services starts from the Purchase of the Services and when applicable before the expiry of the right of withdrawal.
6 Right of Withdrawal for online sales
6.1 Any non-professional Customer (hereafter “Consumer”) has the right to withdraw from the Purchase made through a Platform for any reason within fourteen (14) calendar days, starting from the date of the conclusion of the Service agreement or from the receipt of the Product, except for Services fully performed before the end of such period for which the right of withdrawal ends with the performance of the Services according to the agreement granted under point 5 above. Please follow this link to download the withdrawal form (the “Withdrawal Form”).
6.2 The Products to be returned must be in original condition with original packaging and accessories. In case of missing of a serial number, ENOVOS reserves the right to refuse the refund or to reduce the amount of the refund.
6.3 To withdraw from an Order Confirmation, the Customer shall contact ENOVOS in writing by sending a withdrawal form by email to firstname.lastname@example.org or by mail to Enovos Luxembourg S.A., L – 2089 Luxembourg.
6.4 Within fourteen (14) calendar days of the date on which the Customer exercised its right of withdrawal, the Product must be dropped off at a Point of Sale or returned by mail to the address indicated on the Withdrawal Form, according to ENOVOS’ instructions and requirements.
6.5 The return of the Product by mail shall be at the Customer’s expense.
6.6 As a consequence of this right of withdrawal, the price paid for a Product or Service and any applicable charges paid by the Customer for it will be fully refunded by ENOVOS, except for any return delivery charges which may be at the Customer’s expense as mentioned in Article 6.5, and the price paid for Services will be refunded proportionally to the duration of the use of the concerned Services before withdrawal, within a reasonable delay not exceeding fourteen (14) calendar days from the receipt by ENOVOS of the Product or from the withdrawal from a Service agreement. The price paid for enodrive products is only refunded after deduction of credits used by the Customer.
6.7 All refunds will be effectuated in the same way the initial payment was made, unless a different agreement has been accepted by ENOVOS and the Customer.
7 Property & Risk
7.1 Unless otherwise specified by ENOVOS in writing, the property of the Product shall pass to the Customer when all sums due by the Customer to ENOVOS are paid. ENOVOS reserves the right to withdraw from a sale contract, retake Products at the Customer’s expense or suspend a delivery, in case of default of a complete payment.
7.2 Risk of loss will pass to the Customer on delivery of the Product to the Customer or to the address in the Order Confirmation.
8 Term and termination
8.1 ENOVOS grants to the Customer the right to use the Services, and, where applicable, the license purchased through a Platform, accordingly to the provisions of the Specific Terms of Sale, starting from the Order Confirmation date (the “Initial Term”).
8.2 This Initial Term will be automatically renewed for the duration of the Initial Term, if the Customer or Enovos does not terminate the contract by sending a notice two (2) months prior to the anticipated date of termination by registered letter to the other party (this ability may vary according to the Specific Terms of Sale).
8.3 In case of termination in accordance with the above provisions, the Customer shall pay to ENOVOS the price for the Services fully and finally completed at the time of termination where applicable.
9.1 ENOVOS warrants that upon delivery and for a period of twenty-four (24) months from the date of delivery, the
Products purchased hereunder shall conform in all material aspects to the applicable manufacturer’s specifications for such goods and shall be free from material defects in workmanship, material and design under normal use according to the legal conformity and hidden defects guarantees.
9.2 The warranty does not cover damage resulting from misuse, negligent handling, lack of reasonable maintenance and care, accident, or force majeure event.
9.3 Customers are invited to contact ENOVOS Customer service under email@example.com in case of complaint.
10 Limitation of ENOVOS’ Liability
10.1 ENOVOS’ direct liability relating to a purchased Product is limited to (i) refund of the Product purchase price; or (ii) repair of Products; or (iii) replacement of Products; provided, however that such Products must be returned to ENOVOS according to the provisions of these General Terms of Sale.
10.2 The maximum amount of ENOVOS’ direct liability relating to purchased Products or Services shall not exceed the actual purchase price of the Product and the aggregate fees paid for the Services by the Customer during the year of the occurrence of the damage caused by ENOVOS.
10.3 In any event, ENOVOS shall not be liable for any indirect damages suffered by the Customer or for any damages resulting from the Customer’s own actions (e.g. default or misuse of a Product or of Services or a Platform in violation of ENOVOS’ instructions or requirements). However, the limitation on ENOVOS’ liability remains subject to the application of the product’s legal warranties (conformity and hidden defects) as mentioned in Article 9 above and does not apply in case of death or bodily harm suffered by the Customer resulting from an act or omission on the part of ENOVOS.10.4 ENOVOS shall not, in any case, be liable for direct or indirect damages arising out of its control, such as services rendered by third-party companies for the execution of an order.
11.2 The Client declares and undertakes to use a Platform in compliance with the ENOVOS GTU.
12 Processing of personal data
12.1 Definitions: the capitalized words are defined as follow:
- “Customer”: means the data subject (private individual or professional), whose data is processed by the Data Controller.
- “Personal Data”: means the Customer’s personal data processed by the Data Controller within the framework of the Contract.
- “Data Controller”: means ENOVOS who determines the purpose(s) and means of the processing of Personal Data.
- “GDPR”: The EU General Data Protection Regulation 2016/679 of the European Parliament and of the Council from the 27th April 2016 relating to the protection of physical persons with re¬gard to the processing of personal information and the free circulation of this data, and repealing the Directive 95/46/ EC.
- “Processing”: Any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dis¬semination or any other form of making available, align¬ment or combination, restriction, erasure or destruction.
- The terms “Consent”, “Data Protection Officer or DPO”; “Personal Data”, “Process¬ing” and “Data Controller” used in this article have the same definition as those specified by the GDPR.
12.2 ENOVOS acknowledges and undertakes to com¬ply with the laws and regulations governing the pro¬tection of personal data, notably with the GDPR and any other national law or regulation governing the processing of personal data. The provisions related to the Customer’s consent to the processing of the Personal Data are provided by the Specific conditions, when requested or necessary.
12.3 The Customer may contact the Data Protection Officer (DPO) appointed by the Data Con¬troller as follows: Enovos Luxembourg S.A., to the at¬tention of the DPO, 2, Domaine du Schlassgoard, L-4327 Esch-sur-Alzette – Telephone: (+352) 27371 – Email: firstname.lastname@example.org
12.4 Purpose of Processing: Personal Data is processed for the purpose of supplying the Products and/or Services. Personal Data is processed as part of the execution of the Contract and is necessary to enable the Data Controller to fulfil his legal and contractual obligations. The pro¬vision of Personal Data is a contractual requirement for the completion and execution of the Contract. The Client may give his consent for additional Processing according to the purposes defined by the Specific Conditions.
12.5 The recipient of the Personal Data is the Data Controller. Within the framework of the execution of the Contract, the Data Controller shall, if necessary, share the Personal Data with his technical or commercial partners as well as any other subcontractor and/or State authority, notably with the “Luxembourgish Institute of Regulation” (the authority responsible for regulating the energy markets), when necessary.
12.7 Rights of the Customer: The Customer has the right to request access to his Personal Data from the Data Controller together with the rectification or erasure of such Personal Data or restriction of Processing. The Customer also has the right to object to the Pro¬cessing of his data and the right to portability of his Personal Data. These rights may only be exercised within the limits of any contractual or legal obli¬gation. The Customer also has the right to lodge a complaint with the Luxembourg supervisory authori¬ty, the National Data Protection Commission (https:// cnpd.public.lu/fr.html).
12.8 Retention period for Personal Data: The Data Controller will retain the Personal Data relating to execution of the Contract for a period of 10 years starting from the end of the commercial relationship.
12.9 The Data Controller does not transfer the Personal Data outside the European Union or to an interna¬tional organisation, except where appropriate on the basis of an adequacy decision acknowledging that the third country provides an adequate level of protection, or on the basis on appropriate safeguards such as such as the conclusion of standard contractual clauses set out in the Commission Decision of 5 February 2010 (2010/87/EU) or any other instrument or mechanism validated under the GDPR.
13 Governing Law and jurisdiction
13.1 These General Terms of Sale shall be governed by and construed in accordance with Luxembourg law or, if the Customer is a consumer, with the law of the country where the consumer has his/her habitual residence.
13.2 If ENOVOS and the Customer are unable to reach an amicable settlement of a dispute, ENOVOS and the Customer agree to submit any disputes arising from the conclusion, construction, performance or termination of these General Terms of Sale to the courts of Luxembourg city or, if the Customer is a consumer, to the forum of the competent jurisdiction pursuant to the applicable rules of judicial competence for consumers, if different.