Terms of Service
1. Operator of the online shop and applicability of these Terms of Service
This online shop named Familymatic.lu is operated directly by the 42matic S.à r.l., address:
12, rue E.Oster,
L2272 Howald, Luxembourg
42matic S.à r.l. is registered in Luxembourg, RCS Luxembourg: B243231 // Business Permit No: 10114500/0 // VAT No: LU32045757.
These terms of service of sale apply to all contracts of purchase, supplies and other services between 42matic S.à r.l. (hereafter: us/the seller) and the costumer (hereafter: you/the buyer).
The sale (contract) between the seller and the buyer is governed by these terms of service for articles made by the seller or purchased from third parties with exclusion of all prior oral or written agreements. Without the agreement of the buyer to these terms of service a purchase is not possible.
We sell our products exclusively to consumers and only in commercial quantities. All information about products and prices as indicated on Familymatic.lu are not-binding and without obligation.
2. Conclusion of contract
You are bound by your order once you have clicked the ”Pay now” button at the end of the ordering process.
After you have placed your order we shall send you an order confirmation to your e-mail address if the payment has been received. The order confirmation will inform the buyer that the order and payment have been received. A purchase agreement is thereby concluded.
We explicitly reserve the right not to accept your order, or to cancel the purchase agreement before sending out the order and payment confirmation. The shipment of the ordered items will be send with a separate confirmation. If a request cannot be carried out, the buyer will be informed as soon as possible.
If you order multiple items and certain items are no longer available we unfortunately cannot completely fulfil your order. In such a case, we reserve the right to choose whether to complete part of the order or to reject it in full. We will notify you of this immediately by e-mail.
If the goods you have ordered are available, the time until delivery to the address you provided is about 2-3 business days after receipt of your order and payment in the normal course of business.
Delivery times are the times we normally observe, these are without guarantee. If delivery times exceed 2-3 business days, 42matic S.à r.l. is not obliged and will not refund shipping costs, nor cancel the order made.
The final delivery time consists of the time for:
- secure packaging,
- given delivery time of the selected shipping company to the country of destination.
The shipment is handled by Post Luxembourg, but we reserve the right to commission another shipping company for the delivery if necessary.
Shipping costs will be added per order. The exact amount of the Shipping costs depends on the specificities of your order.
For Luxembourgish and European Union customers the indicated prices are inclusive the Luxembourg statutory value added tax of 17%.
The tax amount is of course disclosed on your invoice. Orders delivered within the EU are not subject to customs duties and import taxes.
For deliveries outside of the EU, the Luxembourgish statutory value added tax does not apply. Please note for deliveries outside the EU additional customs duties, taxes and fees may be incurred, which shall be borne by the buyer in the full amount. We have no control on the customs fees or any other fees that may be incurred in your country. Therefore if you have any doubt about these fees we recommend contacting your local customs office.
You can choose from different ways of paying:
- Payment by Stripe (Visa or MasterCard),
- Payment by PayPal,
- Payment by Amazon Pay,
- Payment by Apple Pay.
Please note that you may be subject to additional charges for transfers, account processing, etc. due to the agreements you have concluded with your credit institution or other institutions. These fees are borne by you.
We reserve the right to limit or expand the use of the above ways of paying to the use of one or more payment methods on a case-by-case basis.
6. Retention of title
The goods remain our property until full payment of the purchase price and all associated costs and expenses. If all or part of the payment is delayed, we are entitled to assert our rights to retention of title.
7. Guarantee, warranty and damages
You are entitled to a a free of charge, 2-year guarantee with the purchase of your new product according to the directive 1999/44/CE and the articles L.212-1 et s. of the "Code de la consommation luxembourgeois".
We shall only be liable for intentional or grossly negligent actions by us, our agents and/or legal representatives. Liability for slight negligence is excluded. This limitation of liability does not apply if the main obligations of the contract are violated by us, our agents and/or legal representatives. This exclusion does not apply for the breach of contractual core duties by 42matic S.à r.l., its auxiliary persons or legal agents. Contractual core duties abstractly are such duties whose accomplishment enables proper fulfilment of the contract in the first place and whose fulfilment a contractual party regularly may rely on. Liability pursuant to the Luxembourgish Product Liability Act and other mandatory legal stipulations remains unaffected.
Claims based on the product liability law remain unaffected.
8. Copyright and trademark
The online shop we operate and its content, especially texts, photos, images, graphics, prints, textile designs, films, presentations, promotional ideas, sounds, illustrations, and software, as well as all trademark and/or design patents are all protected from unauthorized use by industrial property rights, especially copyrights, naming and image rights, trademarks and/or registered or unregistered design patents. Every use aside from the selection and purchase of an item requires our prior written consent or, if we do not possess the rights in question, the prior written consent of the right holder.
9. Applicable law
Substantive Luxembourgish law applies to the exclusion of the conflict of law rules of international private law and to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
10. Right of withdrawal
You have the right to withdraw from this contract within 14 days (including weekends & holidays) without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us in writing :
42matic S.à r.l.
12, rue E. Oster
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, excluding the costs of delivery (when already shipped), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to borne the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. However returned products must be in brand new, mint condition, and have all original manufacturer's packaging, materials and accessories, including packing inserts.
Any product that is damaged, used, dirty or is incomplete, will not be exchanged nor the purchase price refunded.
- Sales items and items marked as such,
- Gift Cards.
Effects of partial withdrawal
If the order value decreased due to a partial withdrawal and fell down under the bound that classified your order for a free delivery, the anticipated discount will be invoiced. Details for exchange and returns can be found on our website.
An exchange is not possible at present. If you would like to exchange an ordered product for e.g. a different size, you will need to follow the withdrawal procedure above, and return the ordered product and then place a new order for the correct size.
11. Disclaimer for external links
When links are included to other sites on the Familymatic.lu website, the seller declares explicitly to have no influence on the design and contents of linked pages. Therefore the seller expressly distances itself from the contents of all third party linked pages and does not adopt any of the contents. This declaration applies to all links and for all contents of sites to which these links lead.
12. Personal Information
13. Final provisions
Should one or more of these terms and regulations be ineffective, this shall not invalidate the entire contract. The ineffective regulation is replaced by the relevant statutory scheme.
THE TERMS AND CONDITIONS ARE HEREBY RECOGNIZED AND APPROVED BY THE BUYER.
14. Need Help?
If you have any questions about our terms of service, you are welcome to contact us using the information below. You can contact us at any time by e-mail or by phone from Mon to Friday 09:00h-17:00h, CET.
Phone: +(352)2665 4000
FR - Si vous avez des questions concernant ces conditions, merci de nous contacter.
DE - Für Fragen zu unseren Geschäftsbedingungen stehen wir Ihnen gerne zur Verfügung.
LU - Wann Dir Froen hutt zu dësen Konditiounen kennt Dir eis gären kontaktéieren.