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Terms and Conditions

 

Conditions générales de vente 

 

 

These general terms and conditions of sale have been agreed between the Musée d’Art Moderne Grand-Duc Jean, on the one hand, with its head office at 3 Park Dräi Eechelen, L-1499 Luxembourg, e-mail address e-store@mudam.lu, registered at the Luxembourg Trade and Companies Register under number G58, hereinafter referred to as "Mudam Luxembourg" and managing the mudamstore.luwebsite and, on the other hand, any non-professional natural or legal person wishing to make a purchase via the mudamstore.lu website, hereinafter referred to as the "buyer".

Article 1. Purpose 

The purpose of these terms and conditions is to establish the contractual relations between Mudam Luxembourgand the buyer as well as the terms and conditions applicable to any purchase made via the mudamstore.lu website. The purchase of a product via this website implies unconditional acceptance by the buyer of these terms and conditions of sale; the buyer acknowledges to have read these terms and conditions prior to making their order. Clicking to confirm the order is equivalent to a digital signature and implies a full acceptance of the terms and conditions of sale. Before any transaction is carried out, the buyer shall declare, on the one hand, that the purchase of products on the mudamstore.lu website is not directly related to their professional activity and is strictly for personal use and, on the other hand, to have full legal capacity, thereby enabling them to commit to these terms and conditions of sale. 

Mudam Luxembourgreserves the right to amend these terms and conditions of sale at any time in order to comply with any new regulation or improve the performance of its website. Hence, the applicable conditions shall be those in force on the date of the order made by the buyer.

Article 2. Products 

The products available for sale are those listed on the mudamstore.lu website of Mudam Luxembourg,subject to stock availability. Mudam Luxembourg reserves the right to amend the product range at any time. Each product is presented on the website with a description of its main technical characteristics.The photographs are as accurate as possible but do not bind Mudam Luxembourg in any way. The sale of the products presented on the website is intended for all buyers resident in the European Union. A sale outside the European Union will require the prior agreement of Mudam Luxembourg to deliver to said country and on the condition that said country fully authorises these products to be made available in its market. In this case, the buyer shall act as the importer of the product in question. The buyer shall make any declarations to the competent authorities and bodies and shall be responsible for any customs duties or other local taxes or import duties that may be payable. 

Article 3. Prices 

The prices displayed on the product sheets in the website catalogue are in euro (€), with all taxes included, and take into account the VAT rate applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. Mudam Luxembourgreserves the right to amend its prices at any time, it being understood, however, that the price displayed in the catalogue on the day of the order shall be the only one applicable to the buyer. The prices displayed do not include delivery charges; these charges are invoiced in addition to the product price in accordance with the total amount of the order. These charges include packaging, handling and postal costs.

Article 4. Order and means of payment 

The buyer selects the products they wish to purchase and places them in the “basket”, makes changes where necessary (quantities, references, etc.), checks the delivery address or provides another delivery address. Then, the shipping costs are calculated and charged to the buyer. Subsequently, the buyer selects the type of bank card they wish to use for payment: Visa, MasterCard, Maestro or V Pay. In the next step, the buyer is asked to check all the information, read and accept the general terms and conditions of sale by ticking the corresponding box and then to confirm the order by clicking the “Confirm my order” button. Finally, the buyer is re-directed to the secure and encrypted platform of Worldline e-payment services in order to provide their personal bank card details in complete security (3D Secure). If the payment is accepted, the order is registered and the contract will be concluded definitively. The price is payable at the time of the order and payment by bank card is irrevocable. 

The confirmation of an order implies acceptance of these terms and conditions of sale and recognition of having perfect knowledge of said terms and conditions. All data provided and the confirmation shall constitute proof of the transaction. If the buyer has an e-mail address and if they have provided it on the order form, Mudam Luxembourgshall confirm the order by e-mail.

Mudam Luxembourg reserves the right not to record a payment and not to confirm an order for any reason whatsoever, and in particular in the event of supply problem, a difficulty concerning the order received, or for a buyer with whom a dispute is pending.

If the buyer wishes to contact Mudam Luxembourg, they may do so by post to the following address: Mudam Luxembourg, 3, Parc Dräi Eechelen L-1499 Luxembourg, or by e-mail to the following address: e-store@mudam.lu or by telephone at +352 453785-980.ù

Article 5. Retention of title 

Mudam Luxembourg retains full ownership of the products sold until payment of the sale price, charges and taxes has been made in full.

 

Article 6. Delivery 

Deliveries are made to the address indicated on the order form and can only be shipped to the agreed geographical area. Orders are handled by a delivery company. Delivery times are for indicative purposes only. If delivery exceeds thirty days from the order date, the contract of sale may be terminated and the buyer refunded. The product is delivered to the buyer’s home. If the buyer is absent, a delivery notification will be left stating where they can collect the purchase or inviting them to make another appointment. Mudam Luxembourg cannot be held liable for late delivery due to the customer’s unavailability following several appointment proposals. If the buyer does not collect their parcel storage time limits set by the delivery company, the products shall be returned to Mudam Luxembourg and the order cancelled. Mudam Luxembourg shall refund the buyer for the sale price minus the shipping and return costs which shall be borne by the buyer. 

In the event that the buyer has indicated a wrong or incomplete delivery address and, as a result, the parcel cannot be delivered, the return costs shall be borne by the buyer.

Article 7. Withdrawal 

The buyer has a period of fourteen calendar days from receipt of the order to exercise their right of withdrawal and return the product to the seller for exchange or refund without penalty; return and shipping costs shall be borne by the buyer. Returns shall be made by registered post or tracking courier, in their original state and complete, in their undamaged original packaging and in perfect condition for resale. Any damage to the products in this regard may result in the right of withdrawal being denied.

Before returning the products, the buyer shall inform Mudam Luxembourg of their withdrawal decision by post to the address Mudam Store, 3 Park Dräi Eechelen, L-1499 Luxembourg or via e-mail to: e-store@mudam.lu. 

If the customer exercises their right of withdrawal, Mudam Luxembourg shall refund the sums paid, within 14 days following the notification of the withdrawal and via the same means of payment used to make the order. 

Article 8. Warranty 

All products provided by Mudam Luxembourg are covered by the legal warranty of the seller. In the event of non-compliance or hidden defects in a product sold, it may be returned to Mudam Store who will take it back and exchange it or refund the buyer. All claims, requests for an exchange or refund must be made by post to the following address: Mudam Store, 3 Parc Dräi Eechelen, L-1499 Luxembourg or via e-mail to e-store@mudam.lu, within three days of delivery.

Article 9. Liability 

In the case of remote selling, Mudam Luxembourg is only bound by an obligation of means. It shall not be held liable for damage resulting from the use of the Internet such as loss of data, intrusion, viruses, service interruption or other unintentional problems. Mudam Luxembourg cannot be held liable for damages resulting from misuse of the purchased product.

Article 10. Intellectual property 

All products in the mudamstore.lu are and remain the exclusive and intellectual property of Mudam Luxembourg. Any reproduction, exploitation or use for any purpose whatsoever, even partially, of the elements on the website, whether in the form of a photo, logo, picture or text is strictly prohibited. Any link or hypertext is strictly prohibited without the express written consent of Mudam Luxembourg.

Article 11. Personal data

In accordance with the General Data Protection Regulation (EU) 2016/679 on data protection and privacy for all individuals, Mudam Luxembourg has implemented a specific policy that the buyer can consult on the website www.mudam.lu/fr/contact/newsletter/.

Mudam Luxembourg undertakes to maintain the confidentiality of the information provided by the buyer, which they are required to submit for the use of certain services. All information concerning the buyer is subject to the legal provisions on data protection. In this regard, the buyer has the right to access, edit and delete any information concerning them. The request can be made at any time via post to the following address: Mudam Luxembourg, 3 Park Dräi Eechelen, L-1499 Luxembourg or via e-mail to dataprotect@mudam.lu. 

Article 12. Settlement of disputes 

These terms and conditions of remote sale and the contract between Mudam Luxembourg and the buyer are subject to Luxembourg law. In the event of a dispute or claim, the courts of Luxembourg shall have sole jurisdiction.

Slava Yurthev Copyright