Article 1: General.
1.1. Unless otherwise expressly agreed by both parties, only the general and specific terms and conditions of this quotation, purchase order, delivery note or invoice apply.
1.2. Acceptance of our offers, order confirmations, delivery notes and invoices entails the approval of these General Terms and Conditions of Sale.
1.3. These general terms and conditions will always prevail over all others, in particular those of the buyer.
1.4. Contracts are always deemed to be concluded at the offices of M&L Distribution Pure- Filters, Durarrefstroos, 25 Binsfeld, 9946 Luxembourg (VAT LU31675504) unless expressly stipulated otherwise.
1.5. The Buyer acknowledges that it has been properly informed of the quality of the instructions for use and any specific properties of the goods purchased and, unless otherwise agreed to in writing by both parties,
he acknowledges that these goods are not intended for a special purpose.
Article 2: Offers and prices.
2.1. All offers, pricing, proposals from M&L Distribution Pure-Filters (VAT LU31675504) are not mandatory unless expressly stipulated otherwise.
2.2. Offers are valid for 14 days from the date of issue and provided that the goods ordered are still available at the time of ordering.
Failure to meet the delivery or completion deadline, for reasons beyond the control of M&L Distribution Pure-Filters (VAT LU31675504), cannot result in any compensation or waiver of the order.
2.3. The prices indicated are VAT included, without packaging, unless otherwise expressly stipulated in the order confirmation.
2.4. All prices mentioned in the offers and contracts are calculated on the basis of the monetary rates, transport tariffs, insurance tariffs, taxes, customs and import duties in force at the time the offer is drawn up or at the time the contract is created. If they undergo the slightest modification, this increase will be borne by the buyer
Article 3: Payment Terms.
3.1. Unless otherwise expressly stipulated in the order confirmation, all payments must be made in cash on delivery, at M&L Distribution's headquarters Pure-Filters, net and without discount.
3.2. No home services will be undertaken without a purchase order having been sent back to us, dated and signed, and a deposit of 50% having been paid to us.
3.3. Online Orders: All orders will be shipped after receipt of the amount due on the account
3.4. The acceptance of payment terms and/or bills of exchange does not entail novation and does not affect the exigibility of the debt and the interest and indemnities referred to below.
3.5. Disputes do not justify the suspension of payment either.
3.6. Failure to pay an invoice on the due date makes all sums due immediately payable, regardless of the payment facilities granted in advance.
3.7. In the event of non-payment on the due date, contractual late payment interest of 10% per year will be due on the unpaid balance, with a minimum interest equal to that resulting from the provisions of Article 5 LRPTC (Law concerning the fight against late payment in commercial transactions)
3.8. In the absence of payment on the due date, the unpaid balance will be increased by operation of law and without the need for prior formal notice, by way of lump sum compensation, by 10%, to be increased by the costs incurred for the recovery of the debt, including the lawyers' fees, in accordance with the requirements of Article 6 LRPTC, to be increased in the event of a dispute with the procedural indemnities in accordance with the Royal Decree dated 26/10/07.
Article 4: Retention of title.
4.1. M&L Distribution Pure-Filters Retains the express ownership of all materials provided until the full amount, which also includes fees and interest, has been paid. The purchaser is obliged to insure the equipment thus held against all possible risks and to protect it against loss of value.
4.2. The buyer authorises M&L Distribution Pure-Filters in the event of failure to pay on the due date to take possession of the goods delivered at M&L Distribution's expense Pure-Filters even if these assets have been incorporated into the movable or immovable assets.
Article 5: Delivery.
5.1. Delivery is only for the goods specified in the order confirmation.
5.2. Depending on the weight and value of the order, M&L Distribution Pure-Filters will choose the most suitable delivery method: either by Swiss Post or by courier. The delivery method chosen for the order can be found in the order acknowledgement email.
5.3. Goods are insured and handed over against signature. No returns are allowed without the prior agreement of M&L Distribution Pure-Filters. Any procedures with the delivery company are taken care of by M&L Distribution Pure-Filters
5.4. If the contents of the order are damaged at the time of receipt, the buyer is obliged to contact M&L Distribution immediately Pure-Filters.
M&L Distribution Pure-Filters will contact the carrier directly to resolve the issue as soon as possible.
M&L Distribution Pure-Filters will endeavour to contact the buyer and keep them informed of the progress of the investigation and, if necessary, send a replacement product.
Article 6: Delivery time.
6.1. Delivery times will be met as far as possible. In any case, the delivery times mentioned on the order form are given for information only.
6.2. Delivery deadlines cannot be exceeded and cannot give rise to damages, withholding or cancellation of current orders.
6.3. In any event, delivery can only take place if the buyer is up to date with its obligations towards M&L Distribution Pure-Filters, whatever the cause.
6.4. In any event, M&L Distribution Pure-Filters is released from its obligations arising from an order in the event of force majeure and other events that would make delivery substantially difficult, delay or make it impossible, such as disruptions in the business of any kind, transport delays, difficulties in the supply of materials and energy, labour disputes, administrative measures and delivery defects, non-conforming or late deliveries by M&L Distribution's suppliers Pure-Filters. Impediments of a temporary nature release M&L Distribution Pure-Filters of its obligations only for the duration of the impediment, plus an appropriate period of time for restarting.
6.5. Delay in delivery due to force majeure or other reasons whatsoever will not result in any liability on the part of M&L Distribution Pure-Filters and therefore cannot give rise to any compensation or total or partial breach of the contract.
Article 7: Complaints.
7.1. Any claim concerning the goods sold must, on pain of nullity, reach M&L Distribution Pure-Filters by registered letter within 15 days. After this period and/or without having complied with the form of the aforementioned registered letter, the delivery will be considered final and accepted
7.2. Any complaints about the content of the invoice must be sent to M&L Distribution Pure-Filters by registered letter within eight days. After this period and/or without having complied with the form of the above-mentioned registered letter, the invoice will be considered to be definitively accepted.
7.3. The lack of conformity reported by the buyer within the time limits and in the manner specified in articles 7.1 will give rise to the free choice of M&L Distribution Pure-Filters, repair of the defective property or its replacement. If repair or replacement proves impossible or disproportionate, M&L Distribution Pure-Filters provide an adequate reduction in price or replacement with a compliant good.
Article 8: Warranties.
8.1. M&L Distribution Pure-Filters gives a warranty for a period of 2 years from delivery, this for hidden defects. This warranty is
strictly limited to the delivery itself and concerns only the repair and/or replacement, at its own expense, in its workshops, of all parts that have been declared unfit or put out of service
for construction faults or latent defects, where M&L Distribution Pure-Filters explicitly reserves the right to make changes to the goods in question in order to be able to meet its obligations,
or, at its discretion, to refund the purchase amount in question.
8.2. The warranty does not include replacement of the equipment due to wear and tear, damage due to negligence, insufficient control and monitoring, defective maintenance, etc. The warranty is also not valid for parts that wear out quickly due to their nature or use.
Black Filters are covered by a two-year prorated limited warranty, calculated in six-month intervals. The warranty period begins from the date the product is received by the original purchaser.
0-6 months: 0%
6 months - 1 year: - 25% of their value
1 year – 1 year and 6 months: 50% of their value
1 year and 6 months – 2 years: - 75% of their value
8.3. The slightest modification to the goods made by the buyer or any non-compliant use will result in the extinction of the warranty.
8.4. M&L Distribution Pure-Filters is only liable to the warranty if the buyer has fulfilled all his payment obligations, without the warranty period being extended as a result.
8.5. M&L Distribution Pure-Filters /supplier declares that the products have been pre-tested for quality within their company.
Article 9. Jurisdiction.
9.1. In the event of a dispute relating to the interpretation and/or performance of the contract concluded with the buyer, only the Courts of Luxembourg will have jurisdiction to rule on the basis of Luxembourg legislation and Luxembourg commercial practices.
9.2. If for any reason a particular provision should be considered invalid, the remaining provisions shall remain in full force and effect and the invalid provision shall be replaced by the provision that is closest to that provision and permitted by law.
Article 10 Right of withdrawal
In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days of the date of receipt of his order. The cooling-off period begins on the day following receipt of the product by the consumer or a pre-determined date decided by the consumer and brought to the attention of the M&L Distribution Pure-Filters representative.
During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine if they want to keep it. A system that has been initiated, and therefore put into operation, implies that the reimbursement will not be complete. If he makes use of his right of withdrawal, he will return the product with all accessories and - as far as possible - in its original condition and packaging, in accordance with the appropriate and clear instructions provided by M&L Distribution Pure- Filters.
If the consumer wishes to make use of his right of withdrawal, he is obliged to notify M & L Distribution Pure-Filters within 14 days of receipt of the product. In order to exercise the right of withdrawal, the consumer must notify us of his decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail) by post to the address at M & L Distribution Pure- Filters, Durarrefstroos, 25 Binsfled, 9946 Luxembourg. or by email at admin@pure-filters.com .In order for the withdrawal period to be respected, it is sufficient for the consumer to send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period. After the consumer has indicated that he wishes to make use of his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment. In the event of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the shipping costs will be refunded, with the return costs remaining at the expense of the Customer. Returns of products should be made if possible in their original condition and complete (packaging, accessories, instructions); If possible, they must be accompanied by a copy of the proof of purchase, it being understood that the exercise of the right of withdrawal remains possible even if the original packaging is damaged.
Exceptions: Exceptions to this principle are made by certain articles. Food and water products are excluded from the right of withdrawal. It is also recalled, in accordance with Article L.221-28 of the Consumer Code, that the right of withdrawal cannot be exercised for contracts:
· The provision of services that have been fully performed before the end of the withdrawal period and the performance of which has begun after the consumer's express prior consent and express waiver of his or her right of withdrawal ;
· The supply of goods or services the price of which depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period ;
· Provision of goods made to the consumer's specifications or clearly personalized ;
· Provision of goods likely to deteriorate or expire quickly ;
· The supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection ;
· Of the supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items ;
· The supply of alcoholic beverages whose delivery is deferred beyond thirty days and the value of which is agreed upon at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional ;
· Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency ;
· The provision of audio or video recordings or computer software when they have been unsealed by the consumer after delivery ;
· The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications ;
· Concluded at a public auction ;
· Provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities that must be provided on a specific date or period ;
· The supply of digital content not provided on a material medium whose performance has begun after the express prior consent of the consumer and the express waiver of his or her right of withdrawal.