General Terms and Conditions
Definitions
Seller, Contractor, we, our, us: AnyReporting S.A., 66 rue du X Octobre, 7243 Bereldange, Luxembourg, RCS Luxembourg B164645, the operator of this online store.
Customer: consumer or business entity entering into a business relationship with the seller.
Consumer: a natural person who is acting outside the scope of an economic activity.
Distance Selling Contract: A contract made between a contractor and a consumer without the simultaneous physical presence of the professional and the consumer when negotiating and concluding the contract. The parties relying solely on distance communication technologies for the negotiation and conclusion of the contract.
1. General provisions
1.a. These terms and conditions are applicable to all business relationships between the contractor and the customer in the scope of products and services offered on this website. The customer can review, print and store these conditions prior to entering any contractual agreement with the seller.
1.b. The current general terms and conditions are published on the seller's website. They may be updated, should it be deemed necessary. The new version will published to replace the previous one. If applicable, customers will be informed by email of the changes.
1.c. There may be complementary terms and conditions for some products or services offered. These additional terms and conditions will be provided to the customer in the same way as the general terms and conditions.
1.d. Deriving, opposing or complementary terms and conditions of the customer, even if fully aware of, are not part of this contract, unless expressly agreed otherwise in writing.
1.e. Consumers using this online store need to be aged 18 and over. You should not use this store if you are under this age.
1.f. If some provisions of these general terms and conditions are invalid or in contradiction to legal regulations, this will not invalidate the contract or other valid provisions of these terms and conditions.
1.g. The original and only legally binding version of the General Conditions is in English. The translations of the General Conditions are provided
provided for your convenience only, in case of any discrepancies between the translated versions and the original, the original document in English governs.
2. Product and Service Description
2.a. Our offerings contain complete and precise description of the products and/or services offered, detailed enough to allow the customer to form an educated opinion.
2.b. Despite having taken great care to describe and show the products and services as accurately as possible, there may be slight variations (i.e. colors may not be displayed accurately, packaging may have changed …). Notable errors or faults in the offer are not binding on the seller. If we find an error in the pricing of a product, we reserve the right to cancel the order or to contact the customer to arrange a refund or additional payment as applicable.
2.c. If a product description is not clear, contradictory or if you wish to obtain further information, please contact us before purchasing the product or service.
2.d. Product descriptions and prices may be updated without notice.
2.e. Indications, drawings, technical data, descriptions of weights, measurements and services which appear in the catalogs, leaflets, circulars, announcements and price lists are for information purposes only. We assume no warranty as to the accuracy of these indications.
3. Conclusion of a contract
3.a. Any order placed by the customer for products or services advertised in our shop shall be considered an invitation the customer to purchase the chosen products or services in the selected quantity and/or variation or for the selected duration. No contract is concluded between the customer and us for the sale of any goods or provision of any service unless we have received and accepted your order, which we may do at our discretion.
3.b. By completing the checkout process on our store's website the customer agrees to conclude a sales or service contract with us. During the checkout process, the customer has the opportunity to review the order, correct any errors or and see the total price. After completing the checkout process the customer will get an order confirmation with details about the order. This confirmation is not an acceptance of the contract, but only informs the customer of that the seller has received the order. The customer's order is accepted implicitly by dispatching the order or explicitly by sending a written confirmation by email, even if the customer's payment is processed at an earlier stage.
3.c. We may refuse the customer’s order especially for, but not limiting to, the following reasons:
- declined payment or payment not received within the outlined timeframe for the chosen payment method
- error in the pricing or description of a product
- unavailability of the products ordered
- delivery requested to an area outside of our service area
In case we already processed the payment and refuse the order, we will refund the paid amount, by the same means the payment was executed by, as soon as possible, but in any event within 30 days. We will not refund fees imposed by the payment provider directly to the customer, nor will we pay any additional amount as compensation for a refused order.
4. Payment
4.a. Payment is due before delivery by any of the payment means advertised on our homepage.
4.b. Whenever possible the amount due will be reserved from the customer's payment mean during the checkout process and the payment will be completed upon finalization of the order.
4.c. Not all payment options may be available for all customers and for all orders.
4.d. Failing to pay for an order will cancel the order, deliveries will only take place after a payment has been successfully completed.
4.e. We do not collect, process or store any credit card or similar payment data on our servers, all sensitive payment data is processed by the chosen payment provider. Each payment provider has its own terms and conditions which you should carefully read before completing the payment.
4.f. All goods remain the property of the seller until the settlement of the debts due to it. If the customer is a business entity the seller retains ownership of all delivered items until receipt of all payments from the business relationship. The customer agrees to treat the goods carefully until ownership is passed to him.
5. Warranty
In the event of a warranty defect, the customer is entitled within the framework of the legal provisions to demand reparation or replacement of the goods, to reduce the price or to cancel the contract. The seller bears the shipping costs in case of returns due to defects. The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. If the client is an entrepreneur, the limitation period is one year
6. Limitation of liability
The seller carries out all his duties with due care. Except in case of gross negligence or willful misconduct the seller and/or his employees shall not be held liable for any direct or indirect, incidental, consequential, or damage of any kind.
7. Force Majeure
A party will not be liable for any failure of or delay in the performance of the contract for the period that such failure or delay is beyond the reasonable control of a party, materially affects the performance of any of its obligations under this agreement, and could not reasonably have been foreseen or provided against, but will not be excused for failure or delay resulting from only general economic conditions or other general market effects.
8. Delivery
8.a. The delivery dates indicated on our websites are estimates and are not binding. We try our best to dispatch all orders within 4 business days. Should a product be unavailable we will deliver it as soon as possible. In any case, the delivery will be made within 30 days after the date of the order acceptance.
8.b. Should delivery delays caused by the supplier, the carrier or any other third party, we will inform you, if applicable, and we cannot be held liable for such a delay, however should the delay be substantial the customer may end the contract and will be entitled to a refund for any product not received.
8.c. We deliver to the countries listed on the Online Store, subject to our absolute discretion. Not all products may be available in each country due to national legislation.
8.d. If the delivery destination requires the goods to be exported to the customer's location, the customer is liable for any import and export duties and taxes and other related fees. It is the customer’s duty to inform himself of the additional costs.
8.e. The customer assumes the risk of the products ordered once they have been delivered to the address specified during the checkout process. The seller accepts no liability for undelivered parcels where the Customer provides an incorrect or invalid delivery address and/or fails to collect the order from the delivery address specified.
8.f. If an order is lost by a third party which has been either authorized by the customer to accept the products or a courier commissioned by the customer to deliver the products, the seller assumes no responsibility once it has been delivered to them.
8.e. Upon receipt of the goods, the customer shall examine them for defects without undue delay, and in case of an obvious defect document it and inform the seller in writing without undue delay, but no later than within 14 days of receipt of the goods. Written notification of hidden defects shall be given within 14 days of their discovery, defects shall be precisely specified.
9. Withdrawal
9.1. Right to retract
9.1.a. The consumer, ordering via distance selling, has the right to withdraw from the contract within a period of 14 days without reason after the receipt of the goods by the consumer or on his behalf.
9.1.b. To exercise the right of withdrawal, you have to notify AnyReporting S.A. (by postal mail: 66, rue du X Octobre, 7243 Bereldange, Luxembourg; or by preferably by email: info@roses.lu) of your decision of the withdrawal of the contract by means of an unambiguous statement. You may use our withdrawal form template, but it is not mandatory. In order for the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
9.1.c. The right of withdrawal does not apply in case of the purchase of goods:
- goods whose price is dependent on fluctuating financial market rates that the professional cannot control;
- goods specifically manufactured to the consumer's specifications, that are clearly personalized, or which by their nature cannot be returned or are likely to rapidly deteriorate or expire;
- audio or video recordings or computer software that have been downloaded or where the packaging has been opened by the consumer;
- newspapers, periodicals and magazines (except subscriptions to such publications);
- bets and lotteries;
- goods purchased at a public auction;
- sealed goods that cannot be returned for reasons of health or hygiene protection and that have been unsealed by the consumer after delivery;
- goods which, after having been delivered, and by their nature, are inextricably combined with other items.
9.2. Effects of withdrawal
9.2.a. In the event of your withdrawal from this contract, we will refund all payments received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen, where applicable, a method of delivery other than the cheapest method of standard delivery offered by us) without undue delay and, in any event, no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. We will refund using the same payment method you used for the initial transaction, unless you expressly agree to a different method; in any case, this reimbursement will not incur costs for you. We may defer reimbursement until we have received the item or until you have provided proof of shipment of the item, whichever is the earlier.
9.2.b. The consumer must return the received goods, to AnyReporting S.A., 66 rue du X Octobre, 7243 Berledange, Luxembourg without undue delay and, in any event, no later than 14 days after you have communicated your decision to withdraw from this contract to us. This deadline is deemed to have been met if you return the goods before the expiration of the 14 period. The risk and burden of proof for properly exercising the right of withdrawal within the consideration period lies with the consumer. The consumer will have to bear the direct costs of returning the goods. The consumer is only liable for the depreciation of the goods resulting from handling other than those necessary to establish the nature, characteristics and proper functioning of this property.
9.3. Withdrawal Form Template
(Please complete and return this form only if you wish to withdraw from the contract)
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For the attention of AnyReporting S.A., 66 rue du X Octobre, 7243 Bereldange, Luxembourg, info@roses.lu.
I/we (*) hereby notify you about my/our (*) intention to withdraw from the contract covering the sale of the following goods:
Ordered on (*) / received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only in case of notification of this form in hard-copy form):
Date:
(*) Cross out or delete as appropriate.
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10. Dispute resolution
The seller is obligated to provide an easy accessible link to the European Online Dispute Resolution (ODR) platform provided by the European Commission, the easy accessible link is: https://ec.europa.eu/consumers/odr/.
11. Data protection
Please refer to our Privacy Policy to get more information on how the customers data is treated.
12. Jurisdiction
The place of performance for all services and deliveries is Bereldange, Luxembourg. The place of jurisdiction is Luxembourg. Regarding consumers from other countries, the mandatory provisions of those countries remain unchanged.
These terms and conditions were last updated on 1st October 2021