GENERAL TERMS AND CONDITIONS OF SALE
1. Generalities and acceptance
These general conditions of sale are applicable to all the online purchases, which are made on the website www.caspersclimbingshop.com. Thus they establish the contractual relationship between the company Casper’s Climbing Shop and its customers.
These general terms and conditions are based on the Luxembourgish "Consumer Code", Law of April 8, 2011.
The customer who places an order has read and understood the general terms and conditions of this webpage and accepts them without limitation and without reserves. No final order will be sent unless the customer has accepted the general terms and conditions. He has to do so by ticking the box provided for this purpose.
Casper’s Climbing Shop reserves the right to withdraw at any time these general terms and so to change the content or add details. Although, orders placed before such a change will be processed under the terms and conditions in force at the moment of the order.
In case of discrepancy between the English version and the other versions, the English version of the general terms will prevail.
2. Products
All products offered on our site are identified by their name, their content and their quantity. In order to better meet customer expectations Casper’s Climbing Shop keeps the right to modify at any time the list and product assortments.
3. Price
The publicly displayed prices on the website are prices including VAT. So it is only the respective costs of transportation which are added when recording a specific order. At the checkout stage the additional cost for delivery will be displayed: it will be added to the invoice price and will correspond to the delivery address provided by the customer.
4. Username and password
In order to generate a first order we ask the customer to fill out a new customer record, which asks to define an user name and a password. Provide data to create this form is mandatory as this information is essential for the processing and delivery of orders. This information is stored on the servers of Casper’s Climbing Shop and will be treated confidentially and will never be distributed to third parties.
The customer is solely responsible for its user name and password. Casper’s Climbing Shop can’t be held responsible for any loss and /or improper use of a lost identification.
The customer may at any time remove the account which he is holding with Casper’s Climbing Shop. This article doesn’t prevent the sale or transfer of Casper’s Climbing Shop activities to a third party.
Some services require that a number of components are collected and preserved automatically. The collection and recognition of this data is ensured by means of cookies. A cookie is an element of data sent to your browser from a website and which is then saved on your computer’s hard drive.
Of course it is optional to register on our site. You can see the website’s content even if you do not want to register or provide personal information, but in this case you can’t buy online. We respect your will, and will never collect personal data without an explicit agreement of your part.
- Cookies are present in the areas of our customer accounts (if the user is registered there), they are used to store a number of data (nickname, name, email address, etc.). So that registered customers do not always have to recover all details during a next visit. This greatly facilitates an order placed via the internet.
- Cookies were introduced to provide a way to implement the electronic shopping carts, a virtual device in which the user can accumulate items he wants to buy later on, while browsing the site. This is useful and necessary for an user who doesn’t want to lose the elements he already placed in his cart, while opening other internet pages.
If we collect personal data that you provide us while you are creating your own private space, while you are placing an order and/or sent us an email, we can extract anonymous information and combine content with others. Cookies can be used to store information about an user of a website in order to show and recommend him content that might interest him in the future.
We inform you that you can oppose the registration of "cookies" by configuring your browser. Cookies can be manually completely removed. If the user doesn’t wish to use them, he can turn them off with a few clicks.
5. Orders
Orders are placed through our online shop: www.caspersclimbingshop.com
It is only after payment that an order will be processed. The payment of your order constitutes fully acceptance and through it you unreservedly approve all the terms thereof, as well as the entirety of these General Conditions. Your "click" on the purchase order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Casper’s Climbing Shop confirms the receipt of your order by email.
The history of all commands is archived and accessible at any time through the "My Account" button.
Cancellation of an order by Casper’s Climbing Shop
Casper’s Climbing Shop reserves the right to cancel or to not accept an order from a customer with whom there is a dispute over payment of a previous bill, when there is a doubt about the validity of the credit card used or when there is a refusal of an certified organization to authorize the payment with a precise credit card.
Other objectively justifiable reasons can cause a denial of delivery from Casper’s Climbing Shop (e.g. in case of doubt as to the veracity of an unusually large order, in case of problems recurring delivery, etc.). Casper’s Climbing Shop informs the customer of the refusal by email.
6. Delivery
Five days of delivery per week are planned: Monday - Friday.
Each command automatically generates a delivery order, which will be sent by email.
The products will be delivered and/or deposited in the location specified by the customer.
Deliveries will be made by DPD or another deliverer from 8 AM to 6 PM and this by attempting to respect as closely as possible the specified time ranges.
Since Casper’s Climbing Shop doesn’t perform the delivery, Casper’s Climbing Shop does not provide guarantee for it.
In the case of an error in the initial data entry by the recipient (e.g. a wrong address), Casper’s Climbing Shop can’t be held responsible for failure in the delivery of the product.
It is the responsibility of the customer to receive the goods or ensure that a third party receives them. Neither the deliverer, nor Casper’s Climbing Shop, can’t be held responsible for what can happen to products which are simply deposited in front of a customer's home.
Casper’s Climbing Shop can’t be held liable for late delivery or non-delivery of all ordered goods. Casper’s Climbing Shop then agrees to take contact with the customer and give him the opportunity to postpone or cancel the order. In case of cancellation due to non-delivery, Casper’s Climbing Shop will refund the amount of the order.
In the case of a force majeure, such as accident, fire, power failure, failure of supply, climate or natural disaster or any other reason beyond the control of Casper’s Climbing Shop, Casper’s Climbing Shop will be discharged of the delivery, without the right to compensation for the client provided that the customer receives a prompt notification. Similarly, for any case of legally recognized force majeure, the client will be discharged from the receipt of the delivery date, provided that there is an immediate notification to Casper’s Climbing Shop and this then without the right to compensation for Casper’s Climbing Shop.
7. Payment
Awaiting details from Ogone to specify this section.
8. Claims
Casper’s Climbing Shop aims to offer a perfect service, however if you have to make rightful complaints, do not hesitate to let us know about it, but this always within 24 hours after the receipt of goods. Once past the 24 hours after delivery, the customer can no longer sent any complaints. Each order and delivery then is considered as conform.
Casper’s Climbing Shop can’t be held liable for damages of any kind, material, immaterial or bodily harm, which may result from the misuse of our products. Similarly Casper’s Climbing Shop can’t be held responsible for a deterioration of the quality of products after delivery to the customer.
Casper’s Climbing Shop maintains, for a period of five years, all the electronic exchange of information concerning the sales. This information will serve as evidence in the case of a later dispute.
In case of dispute, we will try to find a solution with the customer. Otherwise, only the Luxembourg courts are competent.
A particularly to this topic dedicated policy claim section was written. Please see it on our site by clicking the "Cancellation & Exchange Policy" button.
9. Intellectual Property
Any reproduction of this site, partial or total, in the Grand Duchy of Luxembourg or abroad, is strictly prohibited in accordance with legal provisions relating to intellectual and artistic property (Article L. 122-4 of the intellectual property). Any commercial use of it is illegal and subject to prosecution in court.
All elements of this site (photos, logos, videos, flash animations, etc.), as well as technological elements are protected by copyright and are the exclusive property of their respective authors, except in the limiting case of complete or partial transfer of rights.
10. Data Protection
Personal data necessary to process orders, will only be used for this specific purpose.
Please see the "Privacy" section, specially dedicated to our policy of data protection and privacy.
11. Security
The records are stored in the computer systems of the company Casper’s Climbing Shop and the website hosting agency under reasonable security conditions and will be considered as proofs of communications, orders and payments between the parties. Only this data shall be deemed valid in case of dispute.
The data recorded by the PayPal payment system constitutes proof of financial transactions.
12. Disputes-Applicable Law and Jurisdiction
These Conditions are subject to the laws of the Grand Duchy of Luxembourg.
The courts of the judicial district of Luxembourg shall have exclusive jurisdiction in any dispute between the client and Casper’s Climbing Shop. However, the latter may refer the dispute to another jurisdiction, than the above mentioned and normally competent one, if the above jurisdiction is lacking.
13. Customer service
The customer service Casper’s Climbing Shop can only be contacted by post at Casper’s Climbing Shop SARL, 81-83 rue de Hollerich, L- 1741 Luxembourg, Grand Duchy of Luxembourg, by email info@caspersclimbingshop.com or by phone +352 661 227 001 at the following times: From Monday to Saturday : 8 AM to 8 PM.
14. Required informations
The company Casper’s Climbing Shop SARL, 81-83 rue de Hollerich, L- 1741 Luxembourg, Grand Duchy of Luxembourg, is registered in the Commercial Register of Luxembourg under the number: 2013 2426 733.
VAT number : LU26212015
15. Divers
Casper’s Climbing Shop reserves the right to contact the customer in the event of a major command to verify the accuracy of the latter.