Terms and Conditions

Private individuals

​

ARTICLE 1. APPLICATION AND ENFORCEABILITY OF THE GENERAL TERMS AND CONDITIONS OF SALE

1.1. These GTC and the “Data Protection Notice” (hereinafter “GDPR Notice”) are brought to the attention of each customer (i) by display in the store, (ii) by providing a free paper copy upon request, and (iii) electronically via the QR code displayed in the store, to enable them to place an order.

1.2. Consequently, placing an order implies full and unreserved acceptance of these general terms and conditions of sale.

1.3. No special conditions or other general conditions imposed by the customer may take precedence over these terms and conditions without the express agreement of OBERWEIS S.A.

1.4. Any contrary condition imposed by the customer shall therefore, in the absence of express acceptance, be unenforceable against OBERWEIS S.A., regardless of when it may have been brought to its attention.

1.5. The fact that OBERWEIS S.A. does not invoke any of these general terms and conditions of sale at a given time cannot be interpreted as a waiver of the right to invoke any of said conditions at a later time.

1.6. Evidence of information – Durable medium

The customer acknowledges having been able to consult the GTC and the GDPR Notice prior to concluding the contract.

ARTICLE 2. ORDER PLACEMENT AND CONFIRMATION

2.1. The customer undertakes to complete the order form accurately and to fill in the various mandatory fields (their surname, first name, postal address, email address, telephone number, delivery address, and payment method).

2.2. Customers have the option of creating their own Oberweis account. To do so, customers must complete the registration form available on the Website, choose a username associated with a valid email address, and select a password. They agree to keep this information strictly confidential and not to disclose it to third parties. If the customer loses or forgets their account password, they can reset it and choose a new one by clicking on the “Forgot your password?” link and entering the email address provided in the customer account.

2.3. Each product request is subject to acceptance by OBERWEIS S.A. OBERWEIS S.A. reserves the right to refuse any order due to insufficient stock or production capacity, incomplete customer information, or any other legal reason. We undertake to inform you within two (2) working days of your order if we encounter a problem in fulfilling your order. OBERWEIS S.A. will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized records will be considered by the parties as proof of communications, orders, payments, and transactions between the parties. Refusal to provide an email address or telephone number, which are necessary for order tracking and delivery, may result in the order being refused.

2.4. The customer will receive an email confirming their order at the email address provided or indicated in their customer account. The product order is only definitively confirmed and binding on OBERWEIS S.A. once the customer has received this email. Customers are therefore asked to ensure that they have received this email and to contact customer service by phone if they encounter any difficulties.

2.5. The customer must sign the quote for their order to be processed. Otherwise, their order will not be fulfilled.

2.6. The customer has a right of withdrawal of 14 days from the day on which they take physical possession of the delivery. However, goods that are likely to deteriorate or expire rapidly, goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection, as well as goods made to the consumer's specifications or clearly personalized, are excluded from the right of withdrawal. The customer bears the direct costs of returning the goods.

2.7. All orders are considered firm and final, except in cases of force majeure. OBERWEIS S.A. reserves the right to cancel, suspend, delay, or modify the execution of orders without any compensation being claimed from it in the event of:

​a) occurrence of a case of force majeure, a fortuitous event, or an event or circumstance contractually assimilated to a case of force majeure or fortuitous event.

b) orders that do not allow the seller a reasonable period of time, taking into account manufacturing constraints, preparation, shipping, unusual quantities, etc.

2.8. Our order processing times are a minimum of 48 hours for any online product order. For services and event orders, the minimum order time is 7 days.

ARTICLE 3. PRICE

3.1. The prices indicated on the order form are in Euros including VAT, and net of any other taxes than VAT, and notably, but not exclusively, of all customs duties, taxes, fees, or contributions as well as all costs or charges, such as notably, but not exclusively, delivery costs, which remain the responsibility of the customer. The applicable VAT rate is the one in effect on the day of delivery of the goods or performance of the service. It is likely to vary depending on the place of delivery of the products and the nature of the products. OBERWEIS S.A. reserves the right to modify its prices at any time. Nevertheless, the price listed in the catalog on the day of the order will be the only one applicable to the customer.

3.2. Delivery charges are extra. Delivery rates depend on the destination, weight, and volume of the package. The delivery costs take into account both the cost of preparing the package by Oberweis SA and the actual transportation fees. Unless there are special conditions, the amount of the delivery fees is indicated to the customer before the final validation of the order. Only the postal codes pre-established on the site are eligible for delivery. OBERWEIS SA reserves the right to modify it according to the evolution of its activity. For more information on these rates, you can contact us.

3.3. Import tax: There is no import tax in the countries of the European Union. For other countries, any taxes and customs duties to be paid are the responsibility of the customer at the time of order receipt.

3.4. Any modification of the billing header after the invoice has been issued will incur a rebilling fee of €10.

3.5. Event

3.5.1. Service provision: Any additional hours will be charged at the rate in effect on the day of the service.

3.5.2. All equipment provided for the duration of the event must be returned. Otherwise, Oberweis reserves the right to invoice them.

ARTICLE 4. PAYMENT

4.1. Payment is made in full online by Visa, Mastercard, or Payconiq. That is why there are no discount conditions or late payment penalties. With the exception of a few large corporate accounts authenticated by OBERWEIS S.A. whose order will be settled upon receipt of the invoice. For these orders, a duplicate will be downloadable upon confirmation of the order on the site. The invoice will be sent by email. For any purchase at the point of sale, with the exception of the few aforementioned large accounts, payment is made at the time of purchase and is no longer disputable after leaving the point of sale.

4.2. The currency used for the transaction is the Euro. The amount, debited from the account of the used bank card, will depend on the Euro exchange rate on the day of the debit and any exchange fees charged by the card-issuing bank.

4.3. To be registered, the order must be paid in full. Unpaid orders cannot be delivered.

4.4. During the processing of your payment transactions on the site oberweis.lu, our partner Worldline Financial Services (Europe) S.A. adopts the most demanding security standards on the market, such as SSL 3.0 128-bit encryption techniques. Moreover, Worldline Financial Services (Europe) S.A. is doubly certified by Mastercard and VISA (PCI DSS) for compliance with and application of strict security standards.

4.5. The invoice corresponding to the placed order is sent in the order shipping email for orders delivered by DHL. All invoices are also available in the "My Account" section.

4.6 In the case of a delivery outside the European Union, customs duties or other local taxes may be payable. These duties and amounts are not the responsibility of OBERWEIS S.A.. They will be billed to the recipient. We advise you to inquire about these aspects with your local authorities.

ARTICLE 5. DIGITAL GIFT CARDS

5.1. Gift cards; Balance inquiry

Gift Cards are issued by Oberweis SA. They are sold on the site www.oberweis.lu or in our Oberweis stores located on Luxembourgish territory (excluding franchises).

To check the balance of your Gift Card, visit our previously mentioned stores and present the gift card at the checkout to verify the available balanc

When you choose to use a gift card for an eligible purchase, the purchases are deducted from your available balance. If a purchase exceeds your available balance, the remaining amount must be paid with another payment method.

Gift cards can only be used for the purchase of eligible products on our website www.oberweis.luor in our boutiques located on Luxembourgish territory, excluding franchises and restaurants.

5.2. Expiration and limitations

Gift Cards are valid for 1 year from the date of issue, after which they expire. Gift cards have no value after their expiration date and can no longer be used to make purchases after the expiration date. The expiration date is mentioned on the card. The expiration date is mentioned on the card.

Gift cards cannot be used to purchase other gift cards or services (restaurant, catering...). Gift cards cannot be reloaded, resold, transferred for value, or used for unauthorized commercial purposes. Gift cards and their available balance cannot be transferred to another account. In the event that a gift card does not work, your sole recourse, and our sole responsibility, will be the replacement of that gift card.

5.3. Risk of loss

The risk of loss and title to gift cards are transferred to the purchaser at the time of electronic transmission of the gift card to the purchaser or the designated recipient. You are responsible for protecting your account and gift card against any unauthorized use.

5.4. Termination; use of gift cards in violation of these terms and conditions

By using a gift card, you agree to comply with these terms and conditions and not to use a gift card in a misleading, unfair, or otherwise detrimental manner to Oberweis SA or its customers. We reserve the right to cancel gift cards without refund, suspend or terminate customer accounts, suspend or terminate this agreement and the ability to use our services, cancel or limit orders, and charge other forms of payment if a gift card has been obtained, used, or applied to an account in a fraudulent, illegal, or in violation of these terms and conditions, or if a transaction is initiated without authorization, fraudulently, suspiciously, or is unusual based on previous transactions.

You can terminate your agreement on these terms and conditions at any time and without charge by ceasing to use gift cards as a payment option, closing your account Oberweis.lu, by disabling the use of your gift cards at the time of payment, or by contacting the customer service of Oberweis.lu (serviceclient@oberweis.lu, by deactivating the use of your gift cards at the time of payment, or by contacting customer service at) and asking them to cancel your remaining Available Balance. In accordance with section 2 above, the termination of this agreement will not allow you to withdraw or transfer an Available Balance. Therefore, we recommend that you spend your Available Balance before terminating this agreement.

5.5. Claims; disputes

In case of any issues with gift cards, please contact our customer service (serviceclient@oberweis.lu). Your feedback helps us create a better experience for you and all our customers.

These general terms and conditions are governed by the laws of the Grand Duchy of Luxembourg. The Luxembourg courts have jurisdiction over any dispute related to the provision of the service. If you are a consumer and you have your habitual residence in the European Union, you also benefit from the protection afforded to you by the mandatory provisions of the law of your country of residence.

5.6. General conditions

The general terms and conditions of sale of Oberweis SA (https://www.oberweis.lu/conditions-generales-de-vente ) apply. You are deemed to accept these conditions by purchasing, receiving, placing, or exchanging gift cards.

We reserve the right to modify these terms and conditions if necessary. If you do not agree with a change to these terms and conditions, you may terminate the terms and conditions as provided in section 5.4 above. Continued use of the service after the changes to the terms and conditions come into effect will be considered as acceptance of these changes.

ARTICLE 6. PRODUCTS

6.1. The availability of Products and services is indicated on the site in an indicative manner. It only becomes definitive upon confirmation of the order. OBERWEIS S.A. cannot be held responsible for the unavailability of a product in the delivery, provided that the customer has been informed prior to the delivery of their order.

6.2. The photos and visuals of the products presented have no contractual nature, OBERWEIS S.A.'s liability cannot therefore be engaged if the product characteristics differ from the visuals or presentations on the site or if these are erroneous or incomplete.

6.3. In order to best appreciate our products, we advise you to choose the delivery date closest to your consumption date. OBERWEIS S.A. guarantees the quality and freshness of its products provided that the storage conditions are respected.

ARTICLE 7. DELIVERY OF PRODUCTS

7.1. Preparation and delivery of products.

7.1.1. Orders are prepared and packaged by OBERWEIS S.A. in closed, resistant packaging suitable for the contents and transport requirements. Deliveries are only made based on availability. They can be total or partial. Partial deliveries and exceeding delivery deadlines cannot give rise to damages, penalties, or be invoked by the buyer to refuse to pick up or receive the products.

7.1.2. The customer is responsible for the details regarding the name and address of the recipient, which must be precise, accurate, and complete (door code, floor, telephone) to allow for delivery under normal conditions. OBERWEIS S.A. cannot be held responsible for a delivery return due to an address error or an inability to deliver to the indicated address.

In case of an error in the recipient's address or in case of the recipient's absence, La Maison Oberweis cannot be held responsible for the inability to deliver the order. La Maison Oberweis will contact the client to arrange, according to the client's wishes, a new order, at the client's expense, including shipping costs and the price of the product.

7.1.3. ATTENTION: Orders indicating a post office box address cannot be processed.

7.1.4. After confirmation of the order, OBERWEIS S.A. commits to processing and delivering the order to the agreed destination, according to the route, procedure, and carrier chosen by the client. La Maison Oberweis insures the merchandise up to the delivery location, but it is the recipient's responsibility to check the package in the presence of the delivery person. Any anomaly during delivery must be noted on the delivery slip. Without compliance with this clause, no refund procedure with the chosen carrier can be initiated.

7.1.5. For deliveries by DHL: in the event of the recipient or a person able to take possession of the Products being absent at the time of delivery, the carrier will leave a delivery notice inviting the customer to contact the carrier as soon as possible. In no case can OBERWEIS S.A. be held responsible for any potential deterioration of the Products due to their late collection from the carrier.

7.1.6. For deliveries by our drivers: in case of delivery failure due to incomplete or incorrect information as well as the recipient's absence, the package will be made available at the Cloche d’Or store.

7.1.7. Orders delivered by DHL and our drivers are prepared and shipped from our manufacturing workshop: La Maison Oberweis - 1, rue Guillaume Kroll – L-1882 Luxembourg. The countries deliverable by DHL via the Luxembourg website are: Germany, Andorra, Austria, Belgium, Canada, Denmark, Spain, France, Finland, Ireland, Italy, Liechtenstein, Luxembourg, Monaco, Norway, Netherlands, Portugal, Sweden, Switzerland, and the Vatican. The DOM-TOM are not delivered by the online store.

7.1.8. OBERWEIS S.A. cannot be held responsible if the product has not been delivered due to the following causes: force majeure as defined by the courts and natural disasters.

7.2. Delivery times

7.2.1. Delivery times depend on the destination country and the delivery method. By default, the OBERWEIS S.A. website (oberweis.lu) proposes the earliest delivery date. The customer can choose a date later than the one proposed by the site.

7.2.2. The proposed delivery/pickup date is guaranteed:

​ ​except in cases of force majeure,

​ ​except in the case of a strike by carriers,

​ ​provided that the delivery address is precise, accurate, and complete,

​ ​provided that the recipient of the order is present at the time of delivery.

7.2.3 The delivery days depend on the chosen carrier and the season.

ARTICLE 8. TRANSFER OF OWNERSHIP – TRANSFER OF RISKS

8.1. The transfer of ownership of the products to the benefit of the client only takes effect after full payment of the price by the latter.

8.2. OBERWEIS S.A. covers the risks of loss and deterioration of the products until the delivery of said products to the recipient. The transfer of risks therefore takes place from the moment the recipient has acknowledged receipt of the products.

ARTICLE 9. CLAIMS - DISPUTES

9.1. Claims or disputes will always be received with attentive goodwill, good faith always being presumed on the part of the person who takes the trouble to present the dispute.

9.2. Upon receipt of the products, the customer must ensure the conformity of the delivery with their order. Any potential damages must be subject to precise, dated, and signed reservations on the delivery note.

9.3. Any complaint must be made within two (2) days after receipt of the order, to the quality department of La Maison Oberweis by email via the form located in the "Contact Us / Our Services / Quality Department / Contact Form" section.

9.4. This claim must be justified and accompanied by proof of the damage suffered (transport letter, photo of the received package...). After the analysis and in case of acceptance of the claim by OBERWEIS S.A., a commercial gesture will be offered to the client.

9.5 The client agrees to address any dispute case primarily to the quality department of OBERWEIS S.A. in order to resolve it amicably. In case of failure of this approach, the client may resort to the online mediation service of the National Consumer Mediator Service accessible at the URL: https://www.mediateurconsommation.lu/ou at the postal address: National Consumer Ombudsman Service, 6, rue du Palais de Justice- L-1841 Luxembourg. For the referral to the National Consumer Ombudsman Service to be admissible, it must include: your postal, email, and telephone contact details as well as the full name and address of our company, a brief account of the facts, and proof of prior steps taken.

In accordance with the rules applicable to mediation, it is reminded that a consumer dispute must first be submitted in writing to the customer service of Maison Oberweis before any request for mediation with the National Consumer Mediator Service.

ARTICLE 10. RETURNS

10.1. Any product return must be subject to a formal agreement between OBERWEIS S.A. and the client and must be returned within 3 days following the agreement. After this period, no returns can be considered.

10.2. Any return accepted by OBERWEIS S.A., in the case of an apparent defect or non-conformity of the delivered products, which will be verified by OBERWEIS S.A., will allow the customer to obtain a free replacement or a credit note in their favor, to the exclusion of any other compensation or damages.

ARTICLE 11. PERSONAL DATA

Transparency notice: In accordance with Article 13 of Regulation (EU) 2016/679 ("GDPR"), this notice summarizes, in clear language, all the information related to the processing of your data. The detailed version is available via the QR code displayed in the store or on oberweis.lu/contact/private-policy in accordance with the law of August 1, 2018, organizing the National Commission for Data Protection and the general data protection regime.

11.1 Data Controller

OBERWEIS S.A., 1 rue Guillaume Kroll, L-1882 Luxembourg, is the data controller for the personal data collected within the framework of these Terms and Conditions.

For any questions, you can contact us at: RGPD@oberweis.lu.

11.2 Purposes and legal bases of processing

The personal data we collect is processed for four main purposes.

1. Order execution and tracking: we process your information to record the order, collect payment, issue the invoice, deliver the products, and provide after-sales service. This processing is necessary for the performance of the contract (art. 6 §1 b GDPR). The email address and phone number are essential, particularly for sending you the confirmation and invoice or contacting you quickly if a delivery turns out to be impossible or incomplete.

2. Accounting management and legal obligations: some data must be retained in order to maintain our accounting, meet tax requirements, and combat fraud; this purpose is based on our legal obligation (art. 6 §1 c GDPR).

3. Prospecting and commercial operations: we may use your professional contact information to send you offers and information about our products. This processing is based either on our legitimate interest in developing our business relationship (art. 6 §1 f), or, when required by law, on your explicit consent (art. 6 §1 a). You can object to this prospecting at any time.

4. Customer protection and security: finally, we process certain data to secure payments, prevent fraud, and manage incidents; this purpose is also based on our legitimate interest (art. 6 §1 f).

11.3 Collected Data

We only collect and process strictly necessary data:

Identification data: name, first name, email address *, phone number *, postal address;

Transaction data: products ordered, amount, payment method, billing history;

Navigation data (cookies) in accordance with our cookie policy;

Any information you choose to share with us (comments, complaints, supporting documents).

The fields marked with an asterisk (*) are mandatory: without them, we will not be able to process your order.

11.4 Data Recipients

The data is intended for:

1. to the authorized departments of OBERWEIS S.A. (customer service, logistics, accounting, marketing);

2. to our service providers and subcontractors (carriers, hosting provider, payment service provider) who only receive the information strictly necessary for the execution of their mission;

3. to the competent authorities when required by law.

No transfers outside the EEA are made without adequate safeguards in accordance with Articles 44 et seq. of the GDPR.

11.5 Shelf life

Your personal data is kept for varying periods depending on the purpose of its collection:

- personal data processed for contract management purposes: the entire duration of the contractual relationship, plus the duration of legal prescriptions. The common statute of limitations in civil and commercial matters is ten (10) years from the end of the contract; final outcome: Irreversible anonymization after 10 years. [bo2]

- personal data processed for customer prospecting purposes: three (3) years from the end of the contract;

- personal data processed for accounting purposes: the current fiscal year, plus ten (10) years from the closing;

- personal data processed for the purpose of managing data protection rights: the entire duration of the request processing, which is one (1) month except for an exception of two (2) additional months, plus the applicable statute of limitations;

When regulations require it, these periods may be longer. Moreover, it is specified that in the event of collecting personal data for multiple purposes, it will be retained until the longest retention or archiving period expires.

The longest delays prevail when the same data serves multiple purposes.

11.6 Your rights and terms of exercise

You have: the right to access, rectification, erasure, restriction, opposition, portability, and the right to define post-mortem directives.

To exercise your rights:

by e-mail : rgpd@oberweis.lu ;

by mail: OBERWEIS S.A., GDPR, 1 rue Guillaume Kroll, L-1882 Luxembourg;

by phone: +352 40 31 40-1.

A response will be sent to you within a maximum period of one (1) month (which may be extended by two (2) months in case of complexity).

In case of disagreement, you can file a complaint with the National Commission for Data Protection (CNPD) – 15 Boulevard du Jazz, L-4370 Belvaux, T. +352 26 10 60, info@cnpd.lu.

ARTICLE 12. INTERDICTIONS

The customer must in no case resell the products that are intended for their personal use or for the use of the person to whom their order is addressed.

These general terms and conditions of sale are subject to Luxembourg law.