Terms and Conditions
GENERAL TERMS AND CONDITIONS OF ONLINE SALE - B2C
(Hereinafter referred to as the "G.C.T.")
23 April 2025
ARTICLE 1 – OBJECT AND SCOPE:
The cooperative society, a societal impact company, ON.PERFEKT (hereinafter referred to as "the Company" or "the Seller"), established and having its registered office at L-9776 Urspelt, 68, beim Schlass, registered with the Luxembourg Trade and Companies Register under number B 257 504, offers to a consumer clientele (hereinafter referred to as "the Client(s)"), within the meaning of consumer law, the sale of food products (hereinafter referred to as "the Product(s)").
The Company and the Client are hereinafter referred to as "the Parties" or "a Party" for the purposes of this document.
The present T&Cs aim to define the contractual relationships between the Company and any Client placing an order for the Products it markets, on its Website https://onperfekt.odoo.com/ (hereinafter referred to as "the Site").
The G.C.V. apply, without restriction or reservation, to all sales of Products offered by the Company on its Site.
The T&Cs are accessible at any time on the Site and will prevail, where applicable, over any other version or document.
Any potential modifications to the T&Cs are binding on the participant from the moment they are published online.
ARTICLE 2 – PROPOSED ARTICLES:
The Company offers the sale of food products, primarily local and seasonal, deemed unfit for the market according to aesthetic standards.
The Company also sells dairy products, as well as other fresh products, whose best before date has passed.
The Company also offers a wide variety of dry products that are also past their best before date.
These Products can be ordered on the Site prior to delivery.
Each Product is presented with a photograph and a description. The visuals of the Products are provided for illustrative purposes only and are not contractual.
The weight as well as the aesthetics of the Products may therefore vary.
The descriptions intended to present the essential characteristics of the Products to the Client cannot in any case engage the liability of the Company.
ARTICLE 3 – CAPACITY TO CONTRACT:
Before validating any order on the Site, the Client acknowledges having the capacity to contract, that is to say, being at least eighteen (18) years old or an emancipated minor, without being subject to a protection regime as defined by Article 488 of the Civil Code.
ARTICLE 4 – ORDER:
4.1. Preliminary provisions before order validation on the Site
Before confirming the order on the Site, the Client must create a personal account:
- The Client guarantees the truthfulness and accuracy of the information provided by them, including their first name, last name, postal address, email address, and telephone number,
The Client must ensure that they select the correct Products, as well as the appropriate payment method.
4.2. Purchase formulas
Prepaid packages entitling the Client to six (6) or twelve (12) boxes can be purchased. Each package is valid for a period of twelve (12) months from the date of purchase. After this period, any unused rights will be considered expired and will not be eligible for any refund, extension, or compensation.
A weekly subscription plan is also offered. In this context, a box of vegetables is delivered to the Customer each week. Payment is made monthly by direct debit. The subscription is taken out for a minimum duration of three (3) months. Beyond this initial period, it can be cancelled at any time, upon simple request sent by email. Any period that has begun remains payable.
4.3. Products available before order confirmation
The offers for the Products are subject to availability. Information on the availability of the Products is provided at the time of placing the order and becomes final upon confirmation of the order by email.
4.4. Product Selection
The customer adds the Products to their selection by clicking on the "Order Online/Add to Basket" button and continues browsing by clicking on "Continue".
The Client can, at any time, view the selected Products in their basket by clicking on "View details/My basket", and become aware of the payment options offered by the Seller.
4.5. Order Validation
Any purchase implies prior consultation and acceptance of the T&Cs, which the Client acknowledges having read, understood, and accepted with full knowledge of the facts.
No final purchase can be processed without the Client having previously accepted the G.C.V. in force on the date of the order.
The acceptance results from ticking the box provided for this purpose and the final validation of the purchase by clicking on the button "complete your purchase".
4.6. Internet Order Tracking
For any order tracking or in the absence of an order confirmation email, it is the Client's responsibility to ensure the proper receipt of the confirmation email. Otherwise, the Client must contact the Company.
4.7. Right of Withdrawal of the Client
Any request for cancellation of the order must be made at least 1 day before the scheduled delivery date.
The Client must send their request for withdrawal to the Company's headquarters by email.
No order cancellation by the Client will be enforceable against the Company when there is 1 day left before the scheduled delivery date, due to the composition of the products, which by their nature cannot be reshipped or are likely to deteriorate or perish quickly.
This right may be exercised without stating a reason, without penalty and at no cost.
In the event of a defect being found on the Product, which was not present at the time of delivery, the Product will neither be refunded nor exchanged.
ARTICLE 5 – RATES:
The prices are indicated in euros on the Site, and are established taking into account the value added tax (VAT), packaging costs, wage indexation, delivery, as well as the cost of raw materials, where applicable.
The Company reserves the right to change prices at any time. The Products will be billed based on the rates in effect at the time of order confirmation.
5.1. Invoicing and payment
The payment for the proposed packages is made exclusively online, through the secure platform Stripe, accessible on the Site. No other payment method is accepted. The loyalty points system is strictly reserved for orders of boxes delivered under the prepaid package. These points cannot, under any circumstances, be used for other types of purchases or services offered by on.perfekt.
5.2. Promotional Offers
The Company may organise promotional activities. The prices applied do not concern Products that have already been paid for.
5.3. Refund
In the event of unavailability of any of the ordered Products, the Customer is informed by email of the unavailability of a Product and of either partial delivery or cancellation of the order.
If the Company is forced to partially or fully cancel the order, it will proceed with the refund using the same payment method that the Customer used for the initial transaction. This refund will be made within a maximum period of thirty (30) days from the payment of the amounts paid by the Customer.
This cancellation shall not give rise to the payment of damages.
The prepaid packages of 6 (six) or 12 (twelve) units, as well as the subscription plan, are non-refundable.
ARTICLE 6 – TRANSFERS OF OWNERSHIP AND RISKS:
The transfer of ownership and risk occurs at the moment of collecting the Products in person. If the Client notices any damage or missing Products, they must immediately state their precise and complete reservations and refuse the order.
It is the Client's responsibility to check the Products, this check should particularly focus on the references, the quantities of the Products, as well as their compliance with the order.
ARTICLE 7 – DELIVERY:
Deliveries must be booked each week for prepaid plans unless the Client is part of a group delivery for businesses. Customers using a code for group delivery must cancel before the Monday of the delivery week.
The Company ensures delivery throughout the Grand Duchy of Luxembourg. The delivery addresses provided at the time of purchasing a subscription are fixed and cannot be changed for subsequent deliveries, except in the case of a move or other duly justified reason presented to the Company.
Customers can provide delivery instructions in the "Notes and Comments" section. The Company will endeavour to follow these instructions as far as possible.
The Client must make all arrangements to collect their order delivered within the timeframes and locations specified in the email.
ARTICLE 8 – USES AND DESTINATIONS OF PRODUCTS:
Any inappropriate use or use contrary to the recommendations is at the Client's own risk.
Unless contrary provisions of public order apply, the Company shall not be liable for any damage of any kind arising directly or indirectly from the use of the Products.
ARTICLE 9 – FAULTLESS TERMINATION:
The Company reserves the right to terminate the contract concluded by sending an email to the Client in the event of:
- Triggering of Covid-19 or any other comparable incident at the Client or the Company, making the execution of the service impossible, either for health reasons or due to the unavailability of key personnel required to ensure the execution of the service.
-Government measures for closures or restrictions of activities.
If the Company is forced to cancel the order, it will proceed with the refund using the same payment method that the Client used for the initial transaction. This refund will be made within a maximum period of 30 (thirty) days from the payment of the amounts paid by the Client.
This termination shall not give rise to the payment of damages.
ARTICLE 10 – TERMINATION FOR NON-PERFORMANCE, SERIOUS FAULT, DEATH, BANKRUPTCY OR LIQUIDATION OR JUDICIAL RECOVERY:
The contract shall be suspended or terminated by operation of law, and without any compensation of any kind, in the event of non-performance by either Party of its contractual obligations, after formal notice by registered letter with acknowledgment of receipt remaining without effect for more than thirty (30) days.
Termination is immediate in case of gross misconduct by the Client likely to harm the Company’s business, image, or network. It is notified to the Client by email and registered letter with acknowledgment of receipt.
The contract is automatically terminated upon the Client’s death.
The contract may also be terminated in the event of the Company’s bankruptcy, liquidation, or judicial reorganization, in accordance with applicable legal and regulatory provisions.
ARTICLE 11 – FORCE MAJEURE:
No Party shall be held liable for delay or failure in performing its obligations due to an event beyond its control, unforeseeable at the time of contract conclusion, and whose effects could not have been avoided by appropriate measures.
For these G.T.C., force majeure refers to an insurmountable and irresistible event outside the Parties’ control, including but not limited to: natural disasters (tornadoes, floods, earthquakes), pandemics, military conflicts, terrorist actions, political unrest, government-imposed blockades, or national lockdowns.
By way of example, and without this list being exhaustive, events constituting force majeure include natural phenomena such as tornadoes, floods, hurricanes, earthquakes, volcanic eruptions; the spread of a virus classified by the authorities as stage 3 of an epidemic, pandemic, or other equivalent situation such as the declaration of a state of health emergency; the use by a State or a terrorist group of weapons of any kind disrupting the continuity of commercial relations; large-scale national social movements; the declaration of martial law; or a Government’s decision, with or without the involvement of its allies, to impose a maritime, air and/or land blockade; the partial or total maintenance of a lockdown or state of health emergency. The above-mentioned events may occur in any territory where the performance of the contract would take place.
Each Party must inform the other without delay, by e-mail and by registered letter with acknowledgment of receipt, of the occurrence of such an event, as soon as it is likely to compromise the performance of its contractual obligations.
In the event that the force majeure makes it impossible for one of the Parties to perform its obligations, the contract shall be suspended until the disappearance, extinction, or cessation of the event. If it persists beyond a period of thirty (30) days, the Parties must confer in order to discuss a possible amendment to the contract. The deadlines set out in the contract shall be automatically extended in proportion to the duration of the force majeure event. If no agreement is reached within thirty (30) days of the occurrence of the force majeure event, the contract shall be automatically terminated by operation of law.
ARTICLE 12 – HARDSHIP:
When a Party proves that the performance of its contractual obligations has become excessively burdensome due to an event beyond its control, which it could not reasonably have foreseen at the time of conclusion of this contract, and which it could not reasonably have avoided or overcome, that Party may request a renegotiation of the contract from the other Party by email to the provided address, as well as by registered letter with acknowledgment of receipt.
In this case, the Parties acknowledge that the prices 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. Therefore, any new event affecting the prices shall meet the conditions set out in this Article.
In such a case, the Parties agree to organize a prior and mandatory conciliation attempt with a maximum duration of eight (8) days, and undertake not to refuse renegotiation, starting the day after the notification by the concerned Party of the occurrence of the event rendering the performance of its contractual obligations excessively burdensome within the meaning of the aforementioned Article. This conciliation suspends the limitation period but not the performance of the contract, which the Parties remain bound to fulfill throughout the conciliation period. Any referral to a court in violation of this conciliation clause shall constitute grounds for inadmissibility, rendering the action inadmissible.
If the renegotiation is successful, the Parties shall promptly draw up an addendum to this contract formalizing the result of the renegotiation.
In the absence of an agreement between the Parties to jointly refer the matter to the court within two (2) days following the acknowledgment of the disagreement, the more diligent Party may refer the matter to the court with a request for revision or termination of this contract.
In any event, if the unforeseeable change in circumstances at the time of conclusion of the contract is permanent or persists beyond fifteen (15) days from the notification of the event or circumstances rendering the performance of the contract excessively onerous within the meaning of this article, and if neither Party has already referred the matter to a court, the contract shall be automatically terminated following the sending of an email and a formal notice declaring the intention to invoke this clause, notified by registered letter with acknowledgment of receipt or by any extrajudicial act.
ARTICLE 13 – PROTECTION OF PERSONAL DATA:
The Company may collect personal data (hereinafter referred to as the "Data") as part of the order. This Data will be processed in accordance with the purposes defined at the time of collection and in full compliance with Regulation (EU) 2016/679 of the European Parliament and 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 agreeing to these G.T.C., the Customer consents to the Company retaining and processing the Data for the purpose of fulfilling the sales contract. The Data will be kept for the duration necessary for the proper execution of the order.
The Company undertakes to respect and ensure that its employees and agents adhere to the principles outlined in its Privacy Policy concerning the personal data it may process. Any questions regarding the registration and data of the Customer can be sent via email.
The Company retains, for the legal duration, all electronic exchanges of information related to sales transactions with the Customer.
The Data are binding between the Customer and the Company and will be considered as evidence of communications between the Customer and the Company.
The Data constitute literal evidence within the meaning of Article 1341 of the Civil Code and have the same probative value as a document that would be established, received, or kept in writing on paper.
Consequently, the Data may be validly produced as evidence and used against the Client in the context of any claim or legal action, with the same probative value as any document that would be established, received, or kept in writing on paper, which the Client expressly acknowledges.
The Client agrees not to contest the admissibility, opposability, or probative value of the Data due to their electronic nature.
ARTICLE 14 – DISPUTE RESOLUTION:
The Company and the Client agree to make their best efforts to find an amicable solution to any dispute, controversy, or claim related to the validity, interpretation, execution, or termination of the contract concluded, as well as its consequences and aftermath.
In the absence of conciliation within one (1) month from its occurrence, the dispute may be brought before the competent Courts.
ARTICLE 15 – APPLICABLE LAW AND COMPETENT JURISDICTIONS:
By express agreement between the Parties, the concluded contract is governed by and subject to Luxembourg law.
It is written in French. In the event that it is translated into one or more languages, only the French text shall be authoritative in the event of a dispute.
All disputes arising from this contract and the agreements derived from it, concerning their validity, interpretation, execution, resolution, consequences, and aftermath, shall be submitted to the Luxembourg courts.
ARTICLE 16 – CONTACT US:
Via mail :
ON.PERFEKT SC SIS
68 beim Schlass
L-9774 Urspelt
Par téléphone :
(+352) 26 91 02 93
Via email :