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 its control, i.e. “force majeure events” as recognized by courts. 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.

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 resolve 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, if the case may be, refund the order.

To place an order, you have to order on the website and/or create first if you want a personal account (the “My Account”) before ordering.

Your subscription shall be validated by AANB after checking your standard form. A confirmation of the subscription 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.

In order to place an order, you must have attained the majority 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. We reserve the right to refuse any request or order and, if we have legitimate ground and without prejudice to acquired rights, to close an 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 hold 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 which will, where appropriate, result in an exchange or refund of the price (in whole or part) that has been invoiced.

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.

To enter into a contract through our Website in order to purchase Products from us, you must 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 also 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 at which point these Terms will become binding on you and on AANB. 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 prices applied are those indicated on our Website at the time of the order.

We may change the prices quoted on our Website, but this will not affect contracts that have previously come into force.

Prices are indicated in EUR and VAT applicable on the day of the order is added to the price, as well as any customs duties and other taxes. Prices do not include the delivery costs of the order. These delivery costs are indicated to you on the review cart page as well as on the order summary page, prior to confirmation and payment of the order.

If and when applicable, certain countries outside the European Union may be subject to additional charges (duties, taxes) upon reception depending upon the legislation of their country.

The Products are payable on the day of the order.

We have established a secure payment system for any order made on our Website. Payments are made on an external platform through a payment service provider. At your discretion, you may save your payment card details for your next purchase. Such information is kept and processed by the payment service provider. AANB will never keep payment card details.

Payment is deemed final after confirmation thereof is sent by us. Should the bank reject your payment, the order will be automatically refused and we will be released from any obligation and liability.

We will arrange for the products you purchase to be delivered to the delivery address (the “Delivery 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.

This section applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

You may exercise your right of withdrawal through our Website (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).

To exercise your right of withdrawal as described in this article, 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 also use the model withdrawal form attached to the Conditions and send it to us by post to the following address: AANB SARL, 28 rue du Golf, L-1638 Senningerberg, Luxembourg. Email : hello@aanb.lu

If you withdraw on the basis described in this section 9, you must send the Products back to us or hand them over to us in 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.

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.

If possible, 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 has an origin other than our Website.

We shall not make any reimbursement if the Products returned by you do not correspond to the Product(s) ordered or has 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 provision. 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 it; (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.

In France, we are liable for defects in the conformity of the Product with the contract under the conditions of:

• Article L.217-4 et seq. of the French Consumer Code, please note that i) defects of conformity which appear within twenty-four months of delivery of the goods shall, in the absence of proof to the contrary, be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or of the defect claimed, ii) the consumer shall request the seller to bring the goods into conformity, choosing between repair and replacement);
• and for hidden defects in the Product sold under the conditions provided for in Articles 1641 et seq. of the Civil Code, please note that the action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect).

In Luxembourg, 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 act against AANB;
• when repair is possible, can choose between repair or replacement of the Product, subject to the cost conditions in force;
• are exempt from providing proof of the existence of the non-conformity of the product if the lack of conformity becomes apparent within the first six months from the delivery of the goods.

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

• have one (1) year from discovering the defect to implement the guarantee against hidden defects;
• should you discover a defect that renders the item fully or partially unfit for the use for which it was intended, you may choose to either cancel the sale or reduce the 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
• refuse to deal further with you, and 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 ANNB to you for gross negligence or willful misconduct or for other rights attributed to consumers.

Subject to the following “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 copyrighted 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 copyrighted materials or, without our prior written consent, any other content or materials on this Website. 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 or incorporated in any way into another document or material without our prior permission.

If any provisions of those 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 enforced to the fullest extent permitted and the other provisions shall remain in full force and scope.

​The Terms shall be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg.

The parties irrevocably agree that any disputes arising out of or in connection with the Terms shall be submitted exclusively to the courts of the City of Luxembourg, Grand Duchy of Luxembourg.

By derogation, for orders delivered in France:

• The terms are governed by the laws of the Grand Duchy of Luxembourg subject to the mandatory French provisions which cannot be derogated by contractual agreement;
• In the event of a dispute and in the absence of an amicable agreement, the dispute shall be submitted to the jurisdiction of the French courts.

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” as recognised by courts. 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.

To place an order, you have to go to our Website, create your business account by providing us with all the information requested (company name, EU registration numbers, company ad-dress, EU VAT number, e-mail address, phone number, contact person) and, after ordering, accept our Terms and Conditions.

We will then internally examine the information provided and will inform you by email about the state of registration of your business account, so that you can place an order on our Website. By sending us the requested information, you ensure the accuracy and completeness of the data provided. If an error occurs relating to the recipient company name, registration number, address, VAT number, email address and IBAN, , AANB shall not be held liable in case of any inability to deliver the products ordered or to serve an order.

In order to place an order on our Website, you (when representing the BtoB client) must have attained majority and enjoy the full legal capacity to enter into contracts and use a valid pay-ment method, accepted by AANB. We reserve the right to refuse any request or order at our sole discretion if we have legitimate ground and without prejudice to acquired rights.

No contract will come into force between you and us unless and until we accept your order. 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 and good payment, as indicated in Article 6 below, an order confirmation email will be sent to you at which point these Terms will become binding on you and on AANB. The status of your order will be emailed to you, if you have any questions re-garding your order please contact us as soon as possible to resolve any issues.

Once the order is duly validated by AANB after receipt of the good payment, you cannot modify this order and we have no obligation to accept any modification and/or cancellation of the order, subject to the provisions of the Terms.

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

The Products are offered for sale within the limit of available product stock. Information is up-dated regularly, nevertheless, errors occurring during the update cannot entail the liability of AANB. We cannot be held 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 pro-vide 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 exercise the AANB guarantee of conformity which will, where appro-priate in our opinion, result in an exchange of the Product or refund of the price (in whole or part) that has been invoiced.

The prices applied are those indicated on your shop page after logging to your business account.

We may change the prices at any time, but this will not affect contracts that have previously come into force.

Prices are indicated in EUR, excluding V.A.T, and V.A.T. applicable on the day of the order will be added to the price (if relevant under the applicable legal provisions on BtoB transactions within the EU), as well as any customs duties and other taxes. Unless indicated otherwise on the page of the order summary page, prices do not include the delivery costs of the order.

The Products are payable on the day of the order, through a full prior down payment by bank transfer only.

IT IS EXPRESSLY AGREED THAT THE ORDER IS PLACED BY THE CLIENT UNDER THE RESOLUTIVE CONDITION OF THE PROPER COLLECTION OF ITS PAYMENT BY AANB. AS LONG AS THE PAYMENT IS NOT RECEIVED IN FULL BY AANB (FOR EXAMPLE IF THE BANK REJECTS A PAYMENT), THE ORDER REMAINS SUBJECT TO THIS RESOLUTIVE CONDITION.

We will arrange for the Products you purchase to be delivered to 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 a 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 resolve the contract by registered letter with acknowledgement of receipt, after having requested us to make the delivery within a reasona-ble 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.

Without prejudice to the steps you should take vis-à-vis the carrier, claims regarding visible defects or non-compliance of the Products with the agreed order must be made by you in writing within eight days of arrival of the Products.

For Products sold in packaging, weights and measurements on departure will be valid for as-certaining the quantities delivered.

It will be your responsibility to provide AANB with any evidence as to the reality of defects or non-compliance. In such a case, you undertake i) to let AANB every opportunity to examine these alleged defects or non-compliance in order, if relevant, to remedy them, ii) to refrain from intervening yourself on alleged defaults or non-compliance, iii) to refrain from involving a third party to intervene on alleged defaults or non-compliance.

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 com-pliant 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, which apply independently of any commercial guarantee that may have been granted.

The warranty only applies to Products that have become your property, after full payment. Defects and deterioration of the Products resulting from abnormal conditions of transport, stor-age and/or preservation at your premises shall not entitle you to claim any warranty against AANB. You acknowledge that it is your responsibility to take all necessary steps vis-à-vis the carrier immediately, without undue delay and in compliance with local laws on transport.

• 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 or as of the moment when such defect should have been detected;
• have one (1) year from notifying the defect to AANB to implement the guarantee against hidden defects;
• should you discover a defect which 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:
(a) withhold the supply of and dispose of the Products requested in the order, and/or;
(b) terminate our agreement with you, automatically and without recourse to the courts, and/or
(c) 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 actions.

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 Prod-ucts. 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.

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. OUR LIABILITY IS STRICTLY LIMITED TO DIRECT DAMAGES AND, AT MOST, TO THE VALUE OF THE PRODUCTS INVOICED.

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 copyrighted 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 copyrighted materials or, without our prior written consent, any other content or materials on this Website. 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 or incorporated in any way into another document or material without our prior permission.

If any provisions of those 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 enforced to the fullest extent permitted and the other provisions shall remain in full force and scope.

The Terms shall be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg. 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 and our agreement shall be submitted exclusively to the courts of the City of Luxembourg, Grand Duchy of Luxembourg.