TERMS AND CONDITIONS OF SALE

The Website is available to all users of the Internet network and is accessible 7 days a week, 24 hours a day, subject to any interruption, planned or not, by us or our providers, for technical maintenance and/or security reasons or cases of circumstances outside of our control, i.e. “force majeure events”. We are not liable for any damage incurred by an unavailability of the Website.

We do not make any promises about the availability or accessibility of the Website or guarantee that the access to the Website, the content on it, or the services it provides will be delivered uninterrupted, timely or error-free. For technical maintenance and/or security reasons, we may be obliged to partially or totally suspend access to the Website temporarily and without notice. By accepting these Terms, Users accept any such technical interruptions.

We reserve the right to update the Website, particularly for technical or commercial reasons.

The information contained on this Website is published in good faith but no representation or warranty, express or implied, is made by us as to its accuracy or completeness and should not be relied on as such. All information on this Website is subject to change without notice.

Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own policies. We have not examined any of these websites and we do not assume any responsibility for the contents of these websites, nor for the services or products offered through them, and we are not liable for any damages or injuries arising from the content of these other websites.

Every effort is made to keep the Website up and running smoothly. However, we take no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control.

We may change, restrict access to, suspend or discontinue this Website, or any portion of this Website, at any time.

We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access the Website and should use your own virus protection software.

The online sale of the Products offered on the Website is intended within the European Union as well as any other territories mentioned on our website page relating to shipping, available in the Shipping section of the Website and deemed to be an integral part of these Terms.

To place an order, you have to order on the Website in accordance with section 6 below. If you wish, noting this is not compulsory, you may first create a personal account (the “My Account”) by filling out a standard form.

Your personal account shall be validated by AANB after checking your standard form. A confirmation of your My Account registration will be sent to you by email.

By creating the My Account, you ensure the accuracy and completeness of the data provided. If an error occurs relating to the recipient’s address, AANB shall not be held liable in case of any inability to deliver the products ordered.

If we have legitimate grounds and without prejudice to acquired rights, we reserve the right to close a My Account at our sole discretion.

The Products offered for sale comply with the applicable legislation in force on the day of the order.

The Products offered for sale are those described and available on the Website, within the limit of available product stock. Information is updated in real time. Nevertheless, errors occurring during the update cannot entail the liability of AANB. We cannot be liable in case of an order cancellation because of stock depletion.

We take the greatest care in the presentation and description of the Products in order to provide you with the best possible information. However, some non-substantial errors may appear on the Website, which you acknowledge and agree to.

In any case, in the event of non-conformity of the Product delivered compared to its description on the Website, you may either exercise your right of withdrawal or implement the AANB guarantee of conformity in accordance with section 10 below.

No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this section 6.1.

In order to place an order, you must have attained the legal majority age and enjoy the full legal capacity to enter into contracts and possess a valid payment card issued by a bank acceptable to our payment provider.

To enter into a contract through our Website in order to purchase Products from us, you must accept these Terms and complete and submit the online order through our Website by adding a Product to your digital cart and entering all required information for delivery and for billing including relevant card details.

We reserve the right to refuse any order. In such case, we will notify you as soon as reasonably practicable, providing you with the reasons for such refusal, and refund to you any payment in full.

Once we have accepted your order, an order confirmation email will be sent to you. The status of your order will be emailed to you, if you have any questions regarding your order please contact us as soon as possible to resolve any issues.

Once the order is finalized, you cannot modify this order. You always have the possibility of making use of your right of withdrawal, the modalities of which are stipulated in section 9 below.

The applied prices (inclusive of VAT) and payment terms are those indicated in your online order and confirmed in your order confirmation. All prices are indicated in EUR. If payments are made in another currency than EUR, the order will be charged at the exchange rate applicable on the date of payment.

To the extent applicable, you may be responsible for paying any import or customs duties, VAT or other charges or taxes due for deliveries outside the European Union. For the current applicable conditions, please refer to the Shipping section on our Website.

We may change the prices indicated on the Website at any time, but this will not affect contracts that have previously been entered into.

Depending on the place of delivery of the Products, we may or may not charge shipping costs. Shipping destinations and costs are set out in the Shipping section on our Website. Any shipping costs will be indicated in your online order and confirmed in your order confirmation.

We will arrange for the Products you purchase to be delivered to the delivery address (the “Shipping Address”) you specify during the checkout process, and according to the delivery option selected by you when placing the order. You bear the consequences (late delivery, impossibility of delivery, Products returned to us, extra transport costs, etc.) resulting from any incorrect and/or incomplete delivery indications you provided and/or your absence at the time of delivery.

We will always make our best efforts to fulfill delivery to a location and on time (and no more than thirty days after the conclusion of the contract – if delivery is not made within thirty days of the conclusion of the contract, you may terminate the contract by registered letter with acknowledgment of receipt, after having requested us to make the delivery within a reasonable additional period we do not respect). If this is impossible, we will make contact straight away to arrange an alternate delivery or, as the case may be, refund the order.

As a consumer, you may exercise a right of withdrawal (without giving any reason for your withdrawal) at any time within the period:

• Beginning upon the submission of your order; and
• Ending at the end of fourteen (14) calendar days after the day on which the Products come into your physical possession or the physical possession of a person identified by you to take possession of them (or if the contract is for delivery of multiple Products, fourteen (14) calendar days after the day on which the last of those Products comes into your physical possession or the physical possession of a person identified by you to take possession of them). If the last day of the fourteen (14) calendar days period is not a working day, the delay is extended until the first working day.

In order to exercise your right of withdrawal on the basis described in this section, you  must inform us of your decision by one of the means available to you:

• If you have created an account “My Account”, you can log in and, in the “Orders” tab, click on “Refund” next to your order, then follow the steps and click on “Send“.
• You can use the “Contact” tab (drop-down menu “Returns“) and directly specify your wish to withdraw and the information specified in the withdrawal form (your identity, the order concerned by the withdrawal, the goods that are the subject of the withdrawal, if you wish the order number and the date of receipt of the Products);
• you can use the model withdrawal form attached to the Terms and send it to us by post to the following address: AANB SARL, 28 rue du Golf, L-1638 Senningerberg, Luxembourg or by email hello@asanonbeliever.com
• you can make any other unequivocal written statement setting out your decision to withdraw from the contract and send it to us by post to the following address: AANB SARL, 28 rue du Golf, L-1638 Senningerberg, Luxembourg or by e-mail : hello@asanonbeliever.com.

If you withdraw on the basis described in this section 9, you must send the Products back to us or hand them over to a person authorized by us to receive them. You must comply with your obligations referred to in this section 9 without undue delay and in any event not later than fourteen (14) days after the day on which you inform us of your decision to exercise your right of withdrawal. You must pay the direct cost of returning the Products.

If you withdraw from an order in accordance with this section 9, you will receive a full refund of the amount paid to us in respect of the order including the costs of delivery to you, except if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer and as otherwise provided in this section 9. We reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer.

If the value of the Products returned by you is diminished by any amount as a result of the handling of those Products by you beyond what is necessary to establish the nature, characteristics and functioning of the Products, we may recover that amount from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be “beyond what is necessary to establish the nature, characteristics and functioning of the products” for these purposes.

Every Product must be returned with all labelling in their original packaging. In the event of alteration of the Product resulting from handling other than that necessary to establish the nature and/or conformity of the product, the characteristics or the proper functioning of the Product, we reserve the right to refuse the reimbursement of the Product. We shall not make any reimbursement if the Products returned by you do not correspond to the Product(s) ordered or have an origin other than our Website.

We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

We shall reimburse the Products returned as well as the delivery costs paid by you by a credit to the bank card or the online mean of payment which has been used to make the payment. In the event of partial return of the Products, the delivery costs shall not be reimbursed by us.

The reimbursement shall be made by us within a maximum period of fourteen (14) days following (i) the date of reception of the returned Product(s) by us or (ii) the date on which you have provided the proof of the sending of the Products (with the date used being that of the first of these events).

AANB is only required to deliver Products that are compliant with the contractual provisions. Products are considered compliant if the following conditions are fulfilled: (i) they shall be compliant with the description and have the features mentioned on the Website; (ii) they shall be in compliance with the uses which may reasonably be expected of them; (iii) they shall be compliant with the quality and strength which may reasonably be expected of similar products.

You may make a claim under the legal guarantee of conformity or the guarantee of hidden defects in the Product sold. The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

Under Luxembourg law, when acting on the ground of the statutory warranty of conformity:

• you have a period of two (2) years from the delivery of the product to notify the lack of conformity to AANB; you then have a period of two (2) years from such notification to act against AANB;
• when repair is possible, you can choose between repair or replacement of the Product, unless the remedy chosen would impose costs on AANB that would be disproportionate; AANB may refuse to bring the Product into conformity if repair and replacement are impossible or would impose costs on it that would be disproportionate; in such case you can cancel the sale and obtain a refund or keep the Product and obtain a reduced sale price;
• any lack of conformity which becomes apparent within one year of the time when the Products were delivered shall be presumed to have existed at the time when the Products were delivered, unless proved otherwise or unless this presumption is incompatible with the nature of the Products or with the nature of the lack of conformity.

When acting on the ground of the guarantee against hidden defects for the sold Product, you:

• will notify AANB promptly and in writing as of the moment of detection of any hidden defect (you will forfeit the right to claim a hidden defect in the Product if you have not notified it to AANB within a short period of time from the moment you detected it or should have detected it);
• have one (1) year from notifying the defect to act against AANB;
• should you discover a defect that renders the Product fully or partially unfit for the use for which it was intended, you may choose to either cancel the sale and obtain a refund or to keep the Product and obtain a reduced sale price.

We reserve the right, in our absolute discretion, to take any of the following measures if you fail to make a payment in accordance with these Terms:

• withhold the supply of and dispose of the Products requested in the order, and/or
• terminate our agreement with you, automatically and without recourse to the courts, and/or
• refuse to deal further with you.

AANB will not be liable to you for any loss or damage directly or indirectly resulting from any such action.

You have sole responsibility for determining the suitability of the Products for the purposes for which you intend to use them.

You must follow any instructions we give you in relation to the safe use or storage of the Products. We will not be responsible for any damage to the Products which is caused by your failure to follow these instructions.

There are certain responsibilities which we cannot exclude by law and nothing in these Terms limits any liability of AANB to you for gross negligence or willful misconduct or for other rights attributed to consumers from which we cannot contractually deviate.

Subject to the preceding “Statutory warranties” clause, and to the fullest extent permitted by law, the liability of AANB for any loss or damage suffered by you as a result of AANB breaching its obligations under these Terms or other duty is limited to a refund or replacement of the relevant Products.

We respect the privacy of our users, thus we invite you to consult our Privacy Policy for more information on how we process personal data and your rights in relation thereto.

The contents of this Website are the property of AANB and are protected by the laws of copyright with all rights reserved.

All trademarks, logos, service marks, images and copyright protected materials are the property of their respective owners. Nothing on this Website shall be interpreted as granting any license or right to use any such trademarks, logos, service marks, images and copyright protected materials or any other content or materials on this Website without our prior written consent. Your right to use the content is strictly limited to use in connection with your authorized use of this Website as permitted hereunder. The content may not otherwise be reproduced, distributed, transmitted to any person, used or incorporated in any way into another document or material without our prior permission.

If any provisions of these Terms are held to be invalid or declared such under any law, regulation or following a final decision of competent jurisdiction, such provision shall nonetheless be enforceable to the fullest extent permitted and the other provisions shall remain in full force and scope.

The Terms and our agreement shall be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg. If you are a consumer residing in the European Union the application of the laws of the Grand Duchy of Luxembourg is nevertheless subject to the mandatory provisions of law of your habitual country of residence.  The parties agree to exclude the application of the United Nations Convention on the International Sale of Goods .

The parties irrevocably agree that any disputes arising out of or in connection with the Terms shall be submitted to the courts of the City of Luxembourg, Grand Duchy of Luxembourg. If  you are a consumer domiciled in the European Union (i) you nevertheless have the choice to bring proceedings against AANB in the courts of the Grand Duchy of Luxembourg or in the courts of the place where you are domiciled and (ii) AANB will bring proceedings against you in the courts of the Member State in which you are domiciled.