ARTICLE 1 – OBJECT AND SCOPE OF APPLICATION

The company L’EXCEPTION 2.0 S.A. (hereinafter “the Company” or “the Seller”), operating under the trade name WINDESHAUSEN, established and having its registered office at 80, route de Longwy, L-8060 Bertrange, registered with the Luxembourg Trade and Companies Register under number B 272 126, offers for sale watches and jewelry (hereinafter “the Product(s)”) to a consumer clientele (hereinafter “the Client(s)”), as defined by consumer law.
The Company and the Client are hereinafter referred to as “the Parties” or “a Party” for the purposes hereof.
The purpose of these G.T.C. is to define the contractual relationship between the Company and any Client placing an order for the Products it markets on its Website www.windeshausen.lu (hereinafter “the Site”).
The G.T.C. apply, without restriction or reservation, to all sales of Products offered by the Company on its Site.
The G.T.C. are accessible at any time on the Site and shall prevail, where applicable, over any other version or any other document.
Any modifications to the G.T.C. are binding on the participant from the moment they are posted online.

ARTICLE 2 – OFFERED ITEMS

WINDESHAUSEN boutiques offer luxury watches and jewelry for sale.
Certain Products may be ordered on the Site prior to collection.
Each Product is presented with a photograph and a description. Product visuals are provided for illustrative purposes only and are non-contractual.
The descriptions intended to present the essential characteristics of the Products to the Client shall in no way engage the Company’s liability.

ARTICLE 3 – CAPACITY TO CONTRACT

Before validating any order on the Site, the Client acknowledges having the capacity to contract, i.e., being at least eighteen (18) years of age or an emancipated minor, and not being subject to a protection regime within the meaning of Article 488 of the Civil Code.

ARTICLE 4 – ORDERS

4.1. Preliminary provisions before order validation on the Site

Before validating the order on the Site:

The Client guarantees the truthfulness and accuracy of the information provided, including their first name, last name, postal address, e-mail address, and telephone number.

The Client must ensure they select the correct Products as well as the correct payment method.

4.2. Product availability before order validation

Product offers are subject to stock availability. Indications regarding Product availability are provided at the time the order is placed and become final upon confirmation by email that the order is available in-store.

4.3. Product Selection

The client adds Products to their selection by clicking the “Add to Cart” button.
The Client may, at any time, view the Products selected in their cart by clicking “View Cart” and review the payment options offered by the Seller.

4.4. Order Validation

Any purchase implies prior consultation and acceptance of the G.T.C., which the Client acknowledges having read, understood, and accepted with full knowledge of the facts.
No final purchase may be transmitted without the Client first accepting the G.T.C. in effect on the date of the order.
Acceptance results from checking the box provided for this purpose and the final validation of the purchase by clicking the “Order” button.

4.5. Internet Order Tracking

For any order tracking or in the absence of a confirmation email, it is the Client’s responsibility to ensure the confirmation email has been properly received. Otherwise, the Client must contact the Company (see Article 17).

4.6. Client’s Right of Withdrawal

Any request for order cancellation must be made within 14 (fourteen) calendar days from the collection of the order.
The client must send their withdrawal request to the Company’s registered office by registered mail with acknowledgment of receipt or by email (see Article 17).
No withdrawal of an order by the Client shall be enforceable against the Company more than 14 (fourteen) calendar days after the collection of the Product.
This right may be exercised without stating a reason, without penalty, and without costs, with the exception of the direct costs of returning the goods, which are borne by the Client.
Returned products travel at the Client’s expense and risk.
If a defect is found on the Product that did not exist at the time of collection and results from misuse by the Client, the Product will neither be refunded nor exchanged.
Otherwise, the refund will be made no later than 30 (thirty) days from the return of the Products to the Company.
The refund is made using the same means of payment as that used by the Client for the initial transaction, unless the consumer expressly agrees to another means of payment.

However, the satisfaction guarantee offered by the Seller allows the Client to withdraw within 30 (thirty) days from the collection of the Product, without having to justify any reason, without penalty, and without costs, with the exception of the direct costs of returning the goods, which are borne by the Client.

ARTICLE 5 – PRICING

Prices are indicated in euros on the Site and are established taking into account the applicable value-added tax (VAT), packaging costs, wage indexation, delivery, and the cost of raw materials.
The Company reserves the right to modify prices at any time. Products will be invoiced based on the rates in effect at the time of order validation.

5.1. Payment

Payment is made on the Site via the Stripe online payment platform.

5.2. Promotional Offers

The Company may organize promotional operations. The rates applied do not concern Products already paid for.

5.3. Refunds

In the event of the unavailability of one of the ordered Products, the Client is informed by email of the unavailability and of either a partial delivery or the cancellation of the order.
If the Company is forced to partially or totally cancel the order, it will proceed with a refund using the same means of payment as that used by the Client for the initial transaction. This refund will be made within a maximum of thirty (30) days from the payment of the sums paid by the Client.
This cancellation shall not give rise to the payment of damages.

ARTICLE 6 – TRANSFER OF OWNERSHIP AND RISKS

The transfer of ownership and risks occurs at the time of in-person collection of the Products. If the Client notes any damage or missing Products, they must state precise and complete reservations immediately and refuse the order on-site at the Store.
It is the Client’s responsibility to check the Products; this check must notably cover the references, quantities, and quality of the Products, as well as their compliance with the order.

ARTICLE 7 – COLLECTION

Product collection cannot be carried out within the first 72 (seventy-two) hours of the order, to allow the Company to ensure that the funds have been successfully transferred to its bank account.
The Client must make all arrangements to collect their order within the timeframes and at the locations indicated in the email.
The Client must present their confirmation email and identification to collect their order.

ARTICLE 8 – WARRANTIES

8.1. Warranty of Conformity

The Company undertakes to deliver a Product that conforms to the order and is liable for any lack of conformity found upon collection.
The Client is obliged to check the conformity of the Product delivered at the time of collection. Any anomaly concerning the Product must imperatively be notified by email (see Article 17) upon collection and, in any event, as soon as possible.
To implement the legal guarantee, the Client must, by any means, report the lack of conformity to the Company within two years from the delivery of the Product.
The Client’s right of action under the warranty expires two years from the report provided for in the preceding paragraph.

8.2. Warranty against Hidden Defects

The Client is required to report to the Company any defect likely to constitute a hidden defect within a short period from the discovery of said defect.
Any action for the warranty of hidden defects is barred one year from the reporting of the defect to the Company.

ARTICLE 9 – PRODUCT USE AND INTENDED PURPOSE

Any inappropriate use or use contrary to recommendations is at the Client’s own risk.
Except for contrary public policy provisions, the Company shall not be liable for the occurrence of any damage of any nature whatsoever resulting directly or indirectly from the use of the Products.

ARTICLE 10 – TERMINATION WITHOUT FAULT

The Company reserves the right to terminate the concluded contract by sending the Client an email in the event of:

An outbreak of Covid-19 or any other comparable incident affecting the Client or the Company, making the performance of the service impossible, either for health reasons or due to the unavailability of key personnel required to ensure performance.

Government measures involving closures or activity restrictions.
If the Company is forced to terminate the order, it will proceed with a refund using the same means of payment as that used by the Client for the initial transaction. This refund will be made within a maximum of 30 (thirty) days from the payment of the sums paid by the Client.
This termination shall not give rise to the payment of damages.

ARTICLE 11 – TERMINATION FOR NON-PERFORMANCE, SERIOUS MISCONDUCT, DEATH, BANKRUPTCY, LIQUIDATION, OR JUDICIAL REORGANIZATION

The contract will be suspended or canceled automatically, and without compensation of any kind, in the event of non-performance by one of the Parties of its contractual obligations, after a formal notice sent by registered mail with acknowledgment of receipt has remained without effect for more than thirty (30) days.
Termination will be immediate in the event of serious misconduct by the Client likely to harm the Company’s business, image, or network organization. It is notified to the Client by email and registered mail with acknowledgment of receipt.
The contract will be terminated automatically in the event of the Client’s death.
The contract may also be terminated in the event of bankruptcy, liquidation, or judicial reorganization of the Company, under the legal and regulatory conditions in effect.

ARTICLE 12 – FORCE MAJEURE

Neither Party shall be held liable for a delay or failure in the performance of its contractual obligations due to an event beyond its control, which could not have been reasonably foreseen at the time of the conclusion of the contract and whose effects could not have been avoided by appropriate measures.
For the purposes of these G.T.C., force majeure is defined as an insurmountable and irresistible event resulting from a cause external to the parties’ control, consisting of an event or series of events of a climatic, pandemic, bacteriological, military, political, or diplomatic nature.
By way of example, force majeure events include, but are not limited to: natural phenomena such as tornadoes, floods, hurricanes, earthquakes, volcanic eruptions; the spread of a virus classified by authorities as stage 3 of an epidemic, pandemic, or other applicable equivalent such as a declaration of a state of health emergency; a cyberattack or the use by a State or terrorist group of weapons of any kind disrupting the continuity of commercial relations; social movements of national scope; the declaration of martial law; or a Government decision, with or without the participation of its allies, to implement a maritime, air, and/or land blockade; the partial or total maintenance of a lockdown or state of health emergency. The above events may occur in any territory where the performance of the contract takes place.
Each Party must inform the other without delay by email and registered mail with acknowledgment of receipt of the occurrence of such an event, provided it is likely to compromise the performance of its contractual obligations.
Should the force majeure event make performance impossible for one of the Parties, the contract shall be suspended until the event disappears, is extinguished, or ceases. If it continues beyond a period of thirty (30) days, the Parties must contact each other to discuss a possible modification of the contract. The deadlines provided for in the contract will be automatically postponed according to the duration of the force majeure event. Failing agreement within thirty (30) days of the occurrence of the force majeure event, the contract shall be terminated automatically.

ARTICLE 13 – HARDSHIP (IMPREVISION)

When a Party proves that the performance of its contractual obligations has become excessively onerous due to an event beyond its control and which it could not reasonably have been expected to take into account at the time of the conclusion of this contract, and that it could not reasonably avoid or overcome said event or its consequences, said Party may request a renegotiation of the contract from the other Party by email and by registered mail with acknowledgment of receipt.
In this case, the Parties acknowledge that the rates were established taking into account the current economic situation and all known financial and logistical constraints to date related to Covid-19 and the conflict between Ukraine and Russia. Thus, any new event affecting the rates will meet the conditions provided for in this article.
In this hypothesis, the Parties undertake to organize a prior and mandatory conciliation attempt for a maximum duration of 8 (eight) days, refraining from any refusal to renegotiate starting the day after notification by the concerned Party of the occurrence of the event making performance excessively onerous. This conciliation suspends the statute of limitations but not the performance of the contract, to which the Parties remain bound throughout the duration of the conciliation. Any referral to a judge in violation of this conciliation clause constitutes a plea of inadmissibility (fin de non-recevoir).
If the renegotiation is successful, the Parties shall immediately draw up an amendment to this contract formalizing the result of this renegotiation.
Failing agreement by the Parties to refer the matter to a judge by mutual agreement within two (2) days from the finding of this disagreement, the most diligent Party may refer the matter to a judge for a request for revision or termination of this contract.
In any event, if the change in unforeseen circumstances at the time of the conclusion of the contract was permanent or lasted beyond fifteen (15) days from the notification of the event or circumstances making performance excessively onerous, and if a judge has not already been seized by either Party, the contract will be purely and simply terminated after sending an email and a formal notice declaring the intention to apply this clause notified by registered mail with acknowledgment of receipt or any extrajudicial act.

ARTICLE 14 – PROTECTION OF PERSONAL DATA

The Company may collect personal data (hereinafter “Data”) in the context of the order. This Data will be processed in accordance with the purposes provided for at the time of collection and in full compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, and with the Law of August 1, 2018, on the organization of the National Commission for Data Protection and the implementation of Regulation (EU) 2016/679.
By adhering to these G.T.C., the Client consents to the Company storing and processing the Data for the performance of the sales contract. They will be kept for the entire duration necessary for the proper execution of the order.
The Company undertakes to respect and ensure that its employees and agents respect the principles set out in its Privacy Policy regarding the Personal Data it may process. Any question concerning the registration and data of the Client may be addressed by email to rgpd@windeshausen.lu.
The Company keeps, for the legal duration, all electronic exchanges of information relating to sales operations with the Client.
The Data shall prevail between the Client and the Company and will be considered as evidence of communications between the Client and the Company.
The Data constitutes literal evidence within the meaning of Article 1341 of the Civil Code and has the same probative force as a document drawn up, received, or kept in writing on a paper medium.
Consequently, the Data may be validly produced as evidence and be opposed to the Client in the context of any claim or legal action with the same probative force as any document drawn up, received, or kept in writing on a paper medium, which the Client expressly acknowledges.
The Client undertakes not to dispute the admissibility, enforceability, or probative force of the Data due to its electronic nature.

ARTICLE 15 – DISPUTE RESOLUTION
The Company and the Client agree to use their best efforts to find an amicable solution to any dispute, controversy, or claim relating to the validity, interpretation, performance, or termination of the concluded contract, their consequences, and their aftermath.
Failing conciliation within one (1) month from its occurrence, the dispute may be brought before the competent Courts.

ARTICLE 16 – APPLICABLE LAW AND JURISDICTION
By express agreement between the Parties, the concluded contract is governed by and subject to Luxembourg law.
It is drafted in the French language. In the event that it is translated into one or more languages, only the French text shall prevail in the event of a dispute.
All disputes to which this contract and the resulting agreements may give rise, concerning their validity, interpretation, performance, termination, consequences, and aftermath, shall be submitted to the Luxembourg jurisdictions.

ARTICLE 17 – CONTACT US
By mail:
L’EXCEPTION 2.0 S.A.
80, route de Longwy
L-8060 Bertrange

By phone:
+352 27 44 95 91
+352 27 44 93 40

By email:
info@windeshausen.lu